[DOE LETTERHEAD]

 

March 11, 2008

 

The Honorable A. J. Eggenberger

Chairman

Defense Nuclear Facilities Safety Board

625 Indiana Avenue, N.W., Suite 700

Washington, DC 20004-2901

 

Dear Mr. Chairman:

 

This is in response to your October 16, 2007, letter that provided a 60-day reporting

requirement to address your concerns about the safety of nuclear operations at the Los

Alamos National Laboratory (LANL). Specifically, your letter requested a report on the

actions the National Nuclear Security Administration (NNSA) has taken to (1) facilitate

timely and effective implementation of ongoing safety improvement initiatives for

nuclear operations; (2) rapidly increase confidence in safety systems currently relied

upon in operating nuclear facilities; and, (3) improve the Federal oversight of safety

systems at LANL. On December 21, 2007, I requested additional time to respond to your

letter in order to provide a more comprehensive and informative description of the status

of safety improvements at LANL, and to ensure appropriate actions throughout the chain

of command to improve Federal oversight.

 

Ongoing Safety Improvements. NNSA has taken a number of steps to facilitate the

timely and effective implementation of ongoing safety improvement initiatives for

nuclear operations at LANL. On January 23-24, 2008, the Principal Deputy

Administrator convened a meeting of senior managers from LANL, Los Alamos Site

Office (LASO), the Office of the Deputy Administrator for Defense Programs (NA-10),

and the Office of the Chief, Defense Nuclear Safety (CDNS). During this meeting,

NNSA and LANL senior managers reviewed the status of a wide range of safety

improvements in progress at LANL and identified near-term priority actions for safety

improvements. LANL management committed to complete Nuclear Facility

Documented Safety Analyses (DSA) per the schedules established with LASO and to

implement aggressively the approved DSA and Technical Safety Requirements (TSR).

LANL senior managers also committed to complete improvements in Formality of

Operations including increasing Cognizant System Engineer staffing. The LASO Deputy

Manager committed to conduct a detailed review of Material at Risk at the Chemistry and

Metallurgy Research (CMR) facility, oversee Formality of Operations improvements, and

work closely with LANL to quickly review and approve updated TSR for CMR. NNSA

Headquarters has prioritized the support of LASO resource requirements necessary for

improvement of Federal oversight and implementation of safety improvement initiatives.

 

Confidence in Safety Systems. Following receipt of your October 16, 2007, letter,

LASO directed LANL to evaluate specific safety system issues identified by the Defense

Nuclear Facilities Safety Board (DNFSB) staff and to make an initial operability

determination for the affected systems. In response, LANL determined that, in the near

term, the affected systems identified in your October 16, 2007, letter meet their

operability requirements for normal and abnormal conditions. LASO has reviewed

LANL’s evaluation and agrees that the issues identified by the DNFSB staff do not

indicate immediate concerns with system performance. The issues raised in your letter

do have the potential to impact future operability of these systems, however, and LANL

has initiated specific actions to address these issues. In addition, as part of its Fiscal Year

(FY) 2009 oversight plan, NA-10, with support from the CDNS and the NNSA Service

Center, will conduct an on-site assessment for a sample of the vital safety systems at

LANL. This assessment will allow NNSA to validate the effectiveness of the LANL

vital safety system assessment program, the efficacy of actions taken to address the

specific issues raised in your letter, and the effectiveness of LASO safety system

oversight programs.

 

NNSA continues to agree with the DNFSB that multiyear improvement initiatives are

necessary to provide long-term solutions to safety issues at LANL. As you noted in your

letter, NNSA and LANL have initiated a number of long-term programs to increase

confidence in safety systems currently relied upon in operating nuclear facilities at

LANL. NNSA continues to place strong emphasis on these actions, particularly the

implementation of the Safety Basis Improvement Plan and the Formality of Operations

Program developed by LANL. Although much work remains, LANL has made

substantial progress in their Formality of Operations implementation plans, reporting

completion for 411 of 766 milestones at the end of 2007, with all milestones under

 formal change control and status reported quarterly.

 

NA- 10 has also taken action this Fiscal Year (FY) to incentivize improved safety

performance at LANL. NA-10 worked closely with LASO to approve specific contractor

performance incentives in FY 2008 for completion of safety system assessments for all

Safety Class systems, with a stretch goal for operational awareness oversight of

Formality of Operations implementation. During the January 23-24 meeting, the

Principal Deputy Administrator and NA-10 conveyed senior leadership's sense of

urgency for achieving safety improvements as soon as practicable.

 

Improvements in Federal Oversight. Regarding Federal oversight improvements, one

of my six Special Focus Areas for NNSA regards improving Federal oversight of nuclear

safety, physical security, and cyber security. I have tasked the CDNS to ensure the

overall effectiveness of the interface between Federal oversight and contractor assurance

for nuclear safety. The CDNS is working with other NNSA organizations to finalize

specific requirements for nuclear safety oversight, including assessment programs by Site

Offices and Headquarters. These requirements, including expectations for how oversight

may be tailored based on validated contractor assurance system information, will be

reflected in an NNSA supplemental directive on Line Oversight and Contractor

Assurance.

 

In addition, a recent CDNS review of NA-10 nuclear safety management performance

noted several management concerns, including a lack of well-defined and documented

Headquarters roles and responsibilities for nuclear safety and resource gaps in nuclear

safety oversight. To address identified Headquarters nuclear safety issues, NA-10 is

undergoing a detailed functional analysis of all offices and considering options to realign

existing NNSA technical capabilities to strengthen line management capability in nuclear

safety oversight.

 

Recent LASO Federal oversight improvements include authorization for two additional

positions to perform safety system oversight functions. In FY 2008, LASO will improve

oversight of conduct of maintenance at the activity level, with focus on evaluating the

system operability and integration and involvement of LANL system engineers. In

addition, LASO is developing formal expectations for improved Federal oversight of the

Formality of Operations Program, with plans to evaluate operability of safety systems

through routine operational awareness activities and surveillances. The scheduling and

performance of formal assessments will be documented in the LASO FY 2008 integrated

assessment schedule. Updates on LASO corrective actions will be promulgated quarterly

to NNSA senior management.

 

As you know, LASO has experienced difficulty in acquiring and assigning the necessary

resources to improve LASO oversight programs. To ensure adequate technical support

while these resource issues are being resolved, the NNSA Service Center will continue to

provide dedicated support to LASO. In 2007, the NNSA Service Center's Office of

Technical Services dedicated over 40 percent of available environmental, safety and

health staff to support LASO safety capabilities, and that level of support is expected to

continue until LASO is fully staffed to execute assigned safety functions.

 

Summary. NNSA agrees that the findings and observations of the DNFSB staff indicate

the need to focus senior management and available technical resources at Headquarters,

LASO, and LANL on implementation of programs that result in safety system

performance improvements at the floor level in LANL nuclear facilities. NNSA believes

that efforts underway by LANL, coupled with the actions summarized above and

complimented by Federal oversight process improvements and priority resource

allocations, will result in near-term measurable improvements in nuclear facility

operations needed to build the foundation for continuous improvements in the long term.

 

I have asked the Deputy Administrator for Defense Programs to work with you to

schedule a briefing per your request. If you have any questions, please contact me or

Michael Thompson at (202) 586-6058.

 

Sincerely,

 

Thomas P. D'Agostino

Administrator