**\[DOE LETTERHEAD\]**

September 5, 2003

The Honorable John T. Conway

Chairman

Defense Nuclear Facilities Safety Board

625 Indiana Avenue, NW

Suite 700

Washington, D.C. 20004

Dear Mr. Chairman:

This is in response to your letter to me dated August 7, 2003, regarding
the Department's proposed revision to the *DOE Handbook: Electrical
Safety* (DOE-HDBK-1092-98). We discussed this proposed revision with
members of your staff. While these meetings have been beneficial, there
remains some concerns as to whether the technical content in the
proposed Handbook revision is sufficient to provide clear DOE
expectations for electrical safety, including emphasis in areas of
importance.

As you acknowledged in your letter, the Electrical Safety Handbook is
intended to provide guidance to our contractors. Thus, it can be used as
a reference tool or in support of training programs where appropriate.
However, as a DOE guidance document, it cannot specify program or
contractor requirements that must be followed. While the Handbook does
reference and adopts much of the existing Department of Labor,
Occupational Safety and Health (OSH) requirements, and national
electrical codes and standards, such as the National Electric Code, that
are used by our contractors for both DOE and non-DOE work, the Handbook
should not be used as a substitute for federal, national industry, or
local safety codes and standards. Our contractors are expected to fully
know, train and work to these federal requirements, and national (local)
codes and standards. In fact, many of our contractors use these
requirements and standards, rather than the DOE Handbook, as the
foundation of their training programs and basis to meet their contract
commitments.

In the Secretary's letter to you dated August 5, 2002, we committed to
revise the Electrical Safety Handbook. Specifically we indicated that
the "Department is revising the handbook to delete specific references
to codes and standards and make the handbook (a) generic reference guide
to appropriate codes and standards, (b) a guidance document for
effective electrical safety programs, and (c) a document providing
guidance for unique DOE work environments not specifically addressed in
national consensus standards." We also committed to include a new
chapter, "Underground Utilities Detection Equipment During Excavation,"
as the Board suggested.

However, I do agree that the importance of electrical safety cannot be
overstated and there are some unique DOE work environments that may
warrant further attention and guidance. To proactively address these
unique work environments, we will proceed in the following manner.

1.  Issue the current proposed Handbook revision as a DOE guidance
    document for the criteria of an electrical safety program as
    required by DOE O 440.1A, Sections 4.k. (5) and (6), and a reference
    document for all appropriate requirements, codes, and standards. We
    will work with your staff to finalize this proposed guidance
    document for its limited purpose. A final guidance document is
    expected to be completed by October 2003 and submitted for DOE-wide
    RevCom review. The existing issued Handbook will be maintained as an
    additional resource but with additional instructions regarding its
    use when it is inconsistent with national codes and standards.

2.  Form a DOE Electrical Safety Group as a Topical Committee under the
    DOE Technical Standards Program. This is committee will be chartered
    to develop a general framework for DOE electrical safety training
    programs and any additional requirements or guidance for unique DOE
    work environments. The committee will be chaired or co-chaired by my
    office, will coordinate its activities and schedules with your
    staff, and will verify its products by an independent source as
    consistent with current codes and standards. This committee will
    complete its initial review of electrical safety requirements and
    guidance by February 2004.

Proceeding in this manner will assure that we develop additional
guidance where needed, maintain fidelity to current codes and standards,
and keep the existing Handbook, DOE-STD-1092-98, available for the
present time as an additional resource and the framework for the DOE
Electrical Safety Group's activities contemplated in (2) above. We will
continue to work with your staff on this important matter.

If you have any questions, please call me at 202-586-6151 or have your
staff contact Richard Black at (301) 903-0104.

Sincerely,

***Beverly A. Cook***

***Assistant Secretary***

***Environment, Safety and Health***

cc:

M. Whitaker, DR-1

E Beckner, NA-10

J. Roberson, EM-l