**\[DNFSB LETTERHEAD\]**

March 20, 2003

The Honorable Jessie Hill Roberson

Assistant Secretary for Environmental Management

U.S. Department of Energy

1000 Independence Avenue, SW

Washington, DC 20585-0113

Dear Ms. Roberson:

Sub-recommendation (2) of the Defense Nuclear Facilities Safety Board's
(Board) Recommendation 94-1, *Improved Schedule for Remediation in the
Defense Nuclear Facilities Complex*, stressed the importance of
establishing a research program to close gaps in the technical bases for
safe interim storage and long-term disposition of fissile materials.
Revision 2 of the Department of Energy's (DOE) Implementation Plan for
Recommendations 94-1 and 2000-1, *Prioritization for Stabilizing Nuclear
Materials*, dated July 2002, notes the contributions made by the 94-l
Research and Development (R&D) Program in providing technical support
for site operations to safely stabilize, package, and store plutonium.
Specifically, the 94-l R&D Program developed the technical basis for
DOE-STD-3013, *Stabilization, Packaging, and Storage of
Plutonium-Bearing Materials*, the latest version of which relies on
several R&D programs, including the Materials Identification and
Surveillance (MIS) Program, to ensure the long-term safety of stored
packages containing plutonium-bearing materials.

Recent discussions at the quarterly meetings of the MIS Working Group in
October 2002 and February 2003 suggest that proposed changes to the
mission and a reduction in funding for the 94-l R&D Program from the
Office of Integration and Disposition in fiscal years 2004 and beyond
may jeopardize activities being pursued in accordance with Appendix G of
DOE's Implementation Plan for Recommendations 94-1 and 2000-1. For
example, requirements in DOE-STD-3013 for surveillance data (Section
6.4), stored materials database (Section 6.5), and represented samples
for quality assurance (Section 6.6) are being met as part of the ongoing
94-l R&D Program. Significant reductions in the scope of these planned
activities may render the sites unable to meet DOE-STD-3013 criteria by
not adequately verifying safe storage parameters for allowable moisture,
temperature, and impurity content.

In a letter dated December 6, 1999, the Board accepted revisions to
DOE-STD-3013 that allowed a broader scope of plutonium-bearing materials
to be packaged under the standard. As stated in that letter, the Board
considered the revisions acceptable because the standard required that
materials packaged for long-term storage be represented in the MIS
Program. The Board believes continued support for the work performed
under the MIS Program is essential to ensuring that materials packaged
under this standard are verified to remain safe during long-term
storage.

Under the Atomic Energy Act, 42 U.S.C.§ 2286d(f)(2), DOE is required to
report to the

President and Congress those instances where implementation of a Board
recommendation, or a part thereof, is impracticable due to budget
considerations. DOE's inability to support the R&D Program because of
"budget considerations" would in effect constitute the determination of
impracticability contemplated under 42 U.S.C.§ 2286d(f)(2). The
Congressionally-imposed reporting requirement cannot be reasonably
deflected by DOE simply by not formally making the determination of
impracticability due to budget considerations.

The Board is concerned that substantial reductions to the funding level
of the 94-l R&D Program from the Office of Integration and Disposition
without corresponding funding increases to the sites to carry out this
program will result in some of these activities not being accomplished.
Therefore, pursuant to 42 U.S.C.§ 2286b(d), the Board requests that DOE
provide a report within 60 days of receipt of this letter that addresses
any changes to the mission and funding level of the 94-l R&D Program as
described in Appendix G of DOE's Implementation Plan for Recommendations
94-1 and 2000-1.

Sincerely,

***John T. Conway***

***Chairman***

c: The Honorable Everet H. Beckner

Mr. Jack B. Tillman

Mr. Eugene C. Schmitt

Mr. Jeffrey M. Allison

Mr. Keith A. Klein

Mr. Mark B. Whitaker, Jr.