**\[DSE LETTERHEAD\]**

July 12, 2007

The Honorable A. J. Eggenberger

Chairman

Defense Nuclear Facilities Safety Board

625 Indiana Avenue, NW, Suite 700

Washington, D.C. 20004

Dear Mr. Chairman:

Since I clarified expectations on this topic in December 2005, the
Department of Energy (DOE) has been focused on improving processes and
performance in effectively integrating safety into design of defense
nuclear facilities, particularly improving early identification and
resolution of safety issues.

The most significant component in our approach is setting forth clear
requirements and expectations in DOE directives and standards.
Accordingly, we have revised and issued DOE Order (O) 413.34, *Program
and Project Management for the Acquisition of Capital Assets*, in July
2006 and drafted DOE Standard 1189, (DOE-STD-1189), *Integration of
Safety into the Design Process*, and issued it for review and comment in
March 2007. Our DOE line managers are providing increased attention and
oversight toward resolving safety issues associated with ongoing
projects in defense nuclear facilities.

At your public meeting on Safety in Design on March 22, 2007, Mr. Glenn
Podonsky made a commitment on behalf of the Department to provide the
Board a summary of the Department's path forward regarding
implementation issues associated with DOE-STD-1189.

Specifically we committed to:

-   Identify key milestones and responsible managers for the completion
    of DOE-STD-1189; the guides for DOE O 413.3A; and the subsequent
    revision to DOE O 413.3A;

-   Define how line programs will implement DOE-STD-1189 for current and
    emerging projects; and

-   Identify how the Department will make DOE-STD-1189 a requirement for
    defense nuclear facilities.

[Identification of Key Milestones]{.underline}

The RevCom comment period for draft DOE-STD-1189 began on March 28,
2007, and was closed on May 28, 2007. My staff has begun the comment
resolution process. I anticipate it will take approximately six months
to complete comment resolution and concurrence. Publication of
DOE-STD-1189 is projected for December 2007. The eighteen supporting
guides to the recently issued DOE Order 413.3A are in the development
process. These guides will be completed by September 2008. During their
development changes to DOE O 413.3A will be identified where additional
or modified requirements are needed. DOE O 413.3A will be revised based
on changes identified during the Guide development process by September
2009.

[Implementation of DOE-STD-1189]{.underline}

In order to assess how to effectively implement DOE-STD-1189 for current
line item capital projects for defense nuclear facilities, DOE line
organizations will evaluate these ongoing projects no later than three
months after the standard is approved. As shown in the enclosed key
milestone chart, line organizations will identify affected projects and
the current design stage, evaluate the current status of each project,
its projected hazard category, and the associated safety issues
currently identified, and establish the necessary actions for
implementation. At a minimum, each line organization will take the
following implementation actions based on the design stage of ongoing
projects:

-   For projects in the Mission Need Stage, DOE-STD-1189 will be
    implemented.

-   For projects in the Conceptual Design Stage, DOE-STD-1189 will be
    implemented based on a specific evaluation of each project.

-   For projects in the Preliminary Design Stage, DOE-STD-1189 will be
    used for the format and content for preparation of the Preliminary
    Safety Design Report.

-   For projects in the Final Design Stage, DOE-STD-1189 will be used
    for the format and content for preparation of the Preliminary
    Documented Safety Analysis.

DOE will work with your staff to ensure that, in each of these
situations, the safety issues are clearly identified and resolved to the
degree feasible early in the design stage.

[Making DOE-STD-1189 a Requirement for Future Defense Nuclear Facility
Projects]{.underline}

DOE will ensure implementation by making DOE-STD-1189 a requirement of
DOE Order 413.3A and its associated Contractor Requirements Document.
DOE will also make conforming changes to DOE O 420.lB, *Facility
Safety*, and its affected guides (DOE G 420.1-1 and DOE G 420.1-2). As
previously noted, it is anticipated that changes to DOE O 413.3A will be
made to reflect new requirements identified as part of the guide
development process. However, to avoid a delay in ensuring that
DOE-STD-1189 is utilized with the appropriate rigor, we will make a page
change to DOE O 413.3A within six months after DOE-STD-1189 is approved
to make the use of DOE-STD-1189 a requirement, consistent with the
description above relative to design stages, and to correct any
identified errors.

I want to reiterate the Department's commitment to safety --- a
commitment that is a Departmental "core value" shared by Secretary
Bodman and the entire senior leadership team. Enclosed is the list of
key milestones and responsible managers for each of these tasks. We are
maintaining a more detailed schedule of activities associated with the
plan, and would be pleased to brief you on it. If you have any
questions, please do not hesitate to contact me or Mark B. Whitaker,
Departmental Representative to the Board, at (202) 586-1774.

***Clay Sell***

[Enclosure](../tb07l12a.pdf)