Supplementary Agreement for

Memorandum of Understanding Between the

U.S. Department of Energy and the Defense Nuclear 

Facilities Safety Board

June 2022
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Supplementary Agreement for MOU Version 1: June 2022, page: 3 

Table of Contents

Topic #1: Resident Inspectors....................................................................................................................... 4

Topic #2: Access to Information, Facilities, & Personnel.............................................................................. 7

Topic #3: Headquarters and Site Interactions .............................................................................................. 9

Topic #4: DOE Directives and Regulations Interface...................................................................................12

Topic #5: Board and Department Written Communications......................................................................14

Topic #6: Recommendations and Implementation Plans...........................................................................15

Topic #7: Board Public Hearings, Meetings, and Briefings .........................................................................16

Topic #8: Escalation Process.......................................................................................................................18

Acronyms

AEA Atomic Energy Act

ATD Associate Technical Director

CFR Cod of Federal Regulation

DNFSB Defense Nuclear Facility Safety Board

DOE Department of Energy

DR Departmental Representative

EDO Executive Director of Operations

HSPD Homeland Security Presidential Directive

IP Implementation Plan

LOI Lines of Inquiry

MOU Memorandum of Understanding

NNSA National Nuclear Security Administration

OPI Office of Primary Interest

ORPS Occurrence Reporting and Processing System

POC Point of Contact

PSO Program Secretarial Office

QFR Questions for the Record

Revcom Directives review and comment system

TD Technical Director
Supplementary Agreement for MOU Version 1: June 2022, page: 4

Topic #1: Resident Inspectors

MOU #1: DOE will provide DNFSB Resident Inspectors with access to facilities, personnel, and 

information in a manner equivalent to site employees, such as Facility Representatives, Cognizant 

System Engineers, and other employees with access to defense nuclear facilities.

1. For purposes of this section, the term DNFSB Resident Inspectors includes those DNFSB staff 

members assigned to be Resident Inspectors, and others performing Resident Inspector-like 

duties (e.g., augmentation, training, temporary details), such as DNFSB Cognizant Engineers for 

sites without Resident Inspectors, and DNFSB headquarters staff, as appropriate.

2. Because variations exist among sites, DOE and DNFSB staff will determine and document, as 

appropriate, the process for access to information (unclassified and classified), services, and 

facilities for each site. The examples in Attachment 1 are provided to guide this effort.

3. DOE will support the use of DNFSB computing equipment and internal network access in 

appropriate locations.

4. DNFSB Resident Inspectors will comply with site/facility security, training, and safety 

requirements.

5. DNFSB Resident Inspectors will provide draft copies of weekly/monthly reports to site DOE and 

contractor leadership and liaisons for purposes of their awareness, as well as to solicit any 

comments concerning factual accuracy. This will follow the review process as described in 

Topic #5: Board and Department, Written Communications.
Supplementary Agreement for MOU Version 1: June 2022, page: 5 

Attachment 1 to Topic #1: Examples of Information, Services, and Facilities

This list is intended to cover Resident Inspectors. The list is expected to be tailored appropriately for 

Cognizant Engineers for sites without Resident Inspectors and DNFSB headquarters staff performing 

Resident Inspector like duties. 

1. Information

a. Documents without a request form

b. DOE and contractor personnel, including meetings

c. DOE and contractor information systems, including but not limited to:

i. Databases

ii. Document management systems

iii. Issue management systems

iv. Electronic logs

v. Performance indicators

d. Correspondence distribution lists, including but not limited to:

i. Safety basis submittals and approvals

ii. Project documents and approvals

iii. Startup notification reports, readiness assessment related documents

iv. Emergency Planning Hazard Analyses

v. Contracting direction related to safety matters

e. Automated notifications/calendars, including but not limited to:

i. Abnormal events (i.e., sub-ORPS report), including emergencies

ii. Fact-findings or critique type events

iii. Facility paging

iv. All-hands messages

v. Drills and exercises

vi. Oral boards

vii. Specialty notifications (e.g., radiological control, criticality safety, safety basis)

2. Services

a. Site “manager” for approvals

b. Telecommunications approved for site spaces (phones, cellphones, pagers, etc.)

c. Computing equipment for site network (desktop, tablet, printer, etc.)

d. Onsite training coordination and courses

e. Occupational medicine, including but not limited to:

i. Dosimetry

ii. Bioassay 

iii. Respirator services

iv. Medical examinations and care, including vaccinations

f. Disposal/destruction of sensitive documents and equipment

g. Normally pooled personal protective equipment (anti-c’s, respirators, etc.)

h. Photography equipment or services, where required

i. Classification review

j. Simple supplies

k. Badging and HSPD-12 servicing
Supplementary Agreement for MOU Version 1: June 2022, page: 6

3. Facilities

a. Unescorted access to defense nuclear facilities and supporting facilities

i. Human Reliability Program sponsorship, when applicable

ii. Keys or codes, when appropriate

iii. Changeroom lockers

b. Suitable office space

i. Furniture

ii. Utilities, including telecommunications

iii. Acceptable locking features

iv. Provision to use meeting space

v. Access to classified repository, computing, and telecommunications, as needed

c. Access to the Emergency Operations Center, including during emergencies

d. Vehicle fueling stations and tire inflation services, where available
Supplementary Agreement for MOU Version 1: June 2022, page: 7

Topic #2: Access to Information, Facilities, & Personnel

MOU #2: DNFSB staff will follow site/facility access requirements, as well as processes agreed upon 

pursuant to this MOU, when requesting access to DOE facilities, personnel, and information.

This section defines the process that will be used when DNFSB headquarters staff request access to 

facilities, personnel, and information from DOE for routine staff interactions. This section does not 

apply to DNFSB Resident Inspectors.

1. DNFSB and DOE will actively communicate to ensure timely access to facilities, personnel, and 

information, and any impediments to access will be identified as soon as possible. 

2. DNFSB staff will follow site/facility access requirements when requesting access to DOE 

facilities, personnel, and information.

3. DNFSB will notify the DOE Departmental Representative regarding all access requests.

4. Access to Information

a. DNFSB and DOE will use a standardized process (i.e., the request for information process) 

for existing DOE and DOE contractor documents to be transmitted to, received by, or 

obtained by DNFSB headquarters.

b. DNFSB may also request information through interactions with DOE and DOE contractor 

personnel (e.g., in-person discussions, phone calls, emails, status meetings). DNFSB will 

typically use this process to request information that is readily attainable (e.g., status of 

safety basis document submittal, information associated with an occurrence report). 

DNFSB also requests information through lines of inquiry, which is discussed in more detail 

under Headquarters and Site Interactions.

c. DOE will strive to provide information as soon as practicable and consistent with DNFSB’s 

requested delivery date, which will be commensurate with the complexity and volume of 

the request; normally 15 business days for unclassified information and 20 business days 

for classified information.

d. If additional time is needed to provide information, DOE will inform DNFSB as soon as 

possible. In these cases, DNFSB may identify a revised delivery date in consultation with 

DOE.

e. DNFSB and DOE will protect documents commensurate with the appropriate requirements.
Supplementary Agreement for MOU Version 1: June 2022, page: 8

f. As practicable, DOE and DOE contractors as directed by DOE, will include the appropriate 

DNFSB headquarters staff (e.g., cognizant engineers) on distribution for unclassified safety 

related documents (e.g., safety basis documents, startup/restart documents, emergency 

response documents) and will provide notification of similar classified documents.

g. As practicable, DOE will provide the appropriate DNFSB headquarters’ staff (e.g., cognizant 

engineers) with notifications of abnormal events and related meetings (e.g., fact findings, 

evacuations, fire events).

5. Access to Facilities

a. DNFSB will provide DOE headquarters and site liaisons with information regarding planned 

facility visits as soon as practicable and prior to the visit. 

b. Upon receiving notification of a planned DNFSB visit to a DOE site, DOE will provide DNFSB 

with applicable site/facility access requirements as soon as possible. DNFSB personnel will 

comply with site/facility access requirements prior to gaining access.

c. As practicable, DOE will provide DNFSB headquarters staff who are fully qualified for 

unescorted defense nuclear facility access with the same onsite notification of emergency 

events as is provided to DOE field office personnel who are similarly qualified for 

unescorted access.
Supplementary Agreement for MOU Version 1: June 2022, page: 9

Topic #3: Headquarters and Site Interactions

MOU #3: DNFSB will provide DOE reasonable advance notice of upcoming DNFSB oversight visits and 

reviews, along with information needed to establish that the DNFSB employees and/or contractors 

meet the access requirements for the site. Whenever practicable, DNFSB will provide an agenda in 

advance for an oversight visit or review, including details on its scope and schedule.

MOU #4: DOE will support DNFSB oversight activities by providing access to facilities, personnel, 

information, and appropriate resources as necessary to address items in DNFSB agendas.

1. DNFSB Reviews and Board Site Visits

a. DNFSB will normally provide notice to DOE of upcoming reviews of DOE Headquarters or 

DOE sites and Board or staff site visits, including information on scope and timing, prior to 

agenda transmittal.

b. As practicable, the DNFSB Technical Director (TD) will notify the DOE Departmental 

Representative in advance of all reviews that involve 3 or more sites, or involve multiple 

DOE Program Offices.

c. Following transmittal of the agenda for a staff review or Board site visit, DNFSB and DOE 

will discuss the agenda scope, schedule, and any Lines of Inquiry (LOIs) needing clarification 

to ensure that appropriate resources are available to support the staff review or Board site 

visit.

d. DNFSB will transmit an agenda prior to DNFSB requested dates for review interactions or 

Board site visits. The period between transmittal of the agenda and the requested 

scheduled dates will be dependent on the length and complexity of the review (e.g., 4

weeks for large or complex reviews). DOE will strive to schedule review interactions and 

Board site visits consistent with the DNFSB requested schedule. DOE and DNFSB will 

communicate regarding any schedule delays as soon as possible.

e. DOE will exercise its best efforts to ensure resources are available and personnel are 

prepared to support the DNFSB review or Board site visit, including tour escorts and 

operational and technical experts, as requested in the agenda. All participants will be 

provided final copies of the agenda in advance of the interaction or visit.

f. For reviews and site visits with observation and walkdown components, DOE will work with 

DNFSB staff to coordinate the timing of activities to be observed. DNFSB may have 

discussions with facility personnel during observations and facility walkdowns, consistent 

with safe operations of the facility.
Supplementary Agreement for MOU Version 1: June 2022, page: 10

g. DNFSB may request interviews with DOE personnel or DOE contractors and will coordinate 

these in advance with DOE to identify the DOE representative and/or union representative 

that may be present during the interviews. To the extent provided for in the Atomic Energy 

Act of 1954, Chapter 21, as amended 42 U.S.C. §2286c Responsibilities of the Secretary of 

Energy, DNFSB will determine who is permitted to attend any such interviews, considering 

DOE’s input, depending on the specific circumstances and depending on the sensitivity of 

the issue(s).

h. For site visits by individual Board members or the full Board, DOE and DNFSB will generally 

follow the above planning process, recognizing the need for increased communications for 

additional flexibilities and greater accommodations for scheduling and access to personnel 

and facilities.

i. An entrance briefing will normally be held for reviews. Any entrance briefing will normally 

introduce key personnel, review the planned activities and schedule, identify protocols and 

procedures that will be used, and discuss any special arrangements that have been or need 

to be made.

j. Written responses to LOIs may be provided to DNFSB at DOE’s discretion. If written 

materials are provided, DOE will strive to make them available in advance of the scheduled 

interaction in order to allow sufficient time for review of materials and a more complete 

discussion.

k. An exit briefing with the appropriate site personnel will normally be held for on-site 

reviews. Any exit briefing will address any follow-up requests for information and provide 

any relevant observations, as practicable.

l. DNFSB and DOE management will be informed as soon as practicable about any concerns 

that may have an immediate safety impact (e.g., life safety impact) that are discovered 

during a review or Board site visit.

m. The DNFSB staff review team will normally communicate to DOE their preliminary staff 

observations, including any significant issues identified by the DNFSB staff, for the purposes 

of ensuring the factual accuracy of the information and understanding DOE’s perspective 

on any issues identified.

2. For the purposes of efficiency and to minimize duplicative efforts, a reasonable number of 

DNFSB staff with appropriate access authorizations will be granted the opportunity to observe 

DOE- or contractor-led reviews (e.g., Nuclear Explosive Safety Studies, Readiness Reviews, 

Enterprise Assessment reviews, Accident Investigations, etc.) with the same access as DOE or 

contractor assessment team members. DNFSB will communicate in advance, as early as 

practicable, when interested in observing a review.
Supplementary Agreement for MOU Version 1: June 2022, page: 11

3. Standard Interactions with DNFSB and DOE Management

a. DOE and DNFSB Management may establish periodic meetings with each other or their 

representatives for the purposes of maintaining open communication, and sharing relevant 

information and activities occurring within their respective organizations.

b. DNFSB Management includes, but is not limited to, the Technical Director, the Deputy 

Technical Director, and Associate Technical Directors (ATD). The General Manager or the 

General Counsel may be included in meetings requiring their areas of expertise.

c. DOE Management includes, but is not limited to, the DOE Departmental Representative; 

the National Nuclear Security Administration (NNSA) Associate Administrator for Safety, 

Infrastructure & Operations; the Environmental Management Deputy Assistant Secretary 

for Safety, Security, and Quality Assurance; the Environment, Health, Safety & Security

Director of the Office of Nuclear Safety; and the Enterprise Assessment Director of the 

Office of Environment, Safety and Health Assessments.
Supplementary Agreement for MOU Version 1: June 2022, page: 12

Topic #4: DOE Directives and Regulations Interface

MOU #5: DNFSB will review DOE directives that the Board believes may affect safety at defense 

nuclear facilities and may provide comments to DOE on its directives via written correspondence or 

via the DOE review and comment process. DNFSB may also communicate with DOE regarding the 

implementation of directives. DOE will consider DNFSB’s feedback on the substance, implementation, 

and prioritization of directives.

MOU# 6: DOE will provide timely communication to DNFSB regarding any plans for new or updated 

regulations that have the potential to affect nuclear safety at DOE defense nuclear facilities. DNFSB 

may provide feedback to DOE on its plans for new or updated regulations that DOE will consider as it 

proceeds with rulemaking.

1. To maintain good interactions and improve communications relating to Directives interface:

a. DOE (Program Offices and Offices of Primary Interest (OPI)) and DNFSB will meet 

periodically to discuss OPI plans and schedules to develop, revise, and cancel Directives 

and Standards. DNFSB and DOE will also discuss opportunities for interactions before 

the review and comment (RevCom) process and for directives changes going through 

the fast track process, as appropriate.

b. DOE will notify DNFSB as soon as practicable of any revisions to directives under the fast 

track process that could affect nuclear safety at DOE defense nuclear facilities.

c. DNFSB may provide feedback to DOE OPIs on Directives and Standards plans.

d. DOE will provide DNFSB with electronic access to view all DOE and NNSA RevCom

systems.

2. DNFSB will participate in the RevCom process for DOE Directives and Standards, as appropriate. 

This means DNFSB may obtain draft DOE documents, provide comments, and review comment 

resolutions and final drafts, consistent with the RevCom process.

3. When DNFSB requests attendance in DOE working group discussions on a specific Directive or 

Standard:

a. DNFSB will submit a request to the appropriate DOE OPI or working group lead, and 

copy the Departmental Representative to the DNFSB,

b. DOE will respond to the DNFSB request, and

c. DOE and DNFSB will agree on the level of DNFSB participation prior to DNFSB’s

attendance at the DOE working group discussion.
Supplementary Agreement for MOU Version 1: June 2022, page: 13

4. DOE will communicate to DNFSB any plans for new or updated regulations that have the 

potential to affect nuclear safety at DOE defense nuclear facilities at least 90 days prior to 

publication of any Notice of Proposed Rulemaking, as practicable. DOE’s communication of its 

plans will include a description of the tentative scope of such proposed changes to the 

regulation and supporting basis for new or updated regulations. DNFSB may provide feedback to 

DOE on its plans for new or updated regulations that DOE will consider as it proceeds with 

rulemaking.

5. If DNFSB provides comments in response to a Notice of Proposed Rulemaking published by DOE 

for public comment [pursuant to the Administrative Procedure Act], DOE will respond to DNFSB 

on the substance of DNFSB’s comments after DOE has made a final decision on the regulation, 

but prior to publication of the final rule in the Federal Register. This provision does not apply to 

recommendations.
Supplementary Agreement for MOU Version 1: June 2022, page: 14

Topic #5: Board and Department Written Communications

MOU #7: For Board correspondence addressed to the Secretary of Energy (including draft and final 

recommendations), the Secretary, or the Secretary’s designee, will respond to the Board in writing as 

required by statute.

MOU #8: The Board will establish due dates associated with reporting requirements. If DOE believes 

it cannot meet a due date, the Secretary of Energy will inform the Board in writing that additional 

time is necessary to meet the Board’s reporting requirement. The Board will inform the Secretary in 

writing if additional time will affect the Board’s safety oversight.

1. DNFSB written communications (e.g., Board letters, Resident Inspector weekly reports, 

Cognizant Engineers monthly reports) will be released to the public unless the information is 

protected from disclosure by law.

2. As appropriate, prior to public disclosure DNFSB will provide draft written communications 

concerning DOE activities to the appropriate responsible DOE Headquarters or Field Office to 

review for content that is protected from disclosure by law. DOE will identify, in a timely 

manner, any specific legal basis (e.g., Atomic Energy Act, Executive Order 13526, 32 C.F.R. Part 

2002) for withholding the draft written communications from public disclosure. DOE will 

identify specific portions of written communications that it believes are protected from 

disclosure by law. DNFSB will make a final determination regarding public disclosure of written 

communications given DOE’s review.

3. DNFSB will endeavor to provide written communications related to time-sensitive matters, such 

as DOE design and construction project milestones, to DOE in a timely manner.

4. DNFSB may transmit letters with reporting requirements to DOE when DNFSB requires 

information or reports. DNFSB may also transmit letters to DOE that provide independent 

nuclear safety analysis, advice, and best practices.

5. For DNFSB letters without reporting requirements, DOE is not required to respond. DNFSB 

welcomes feedback on the value of its advice and observations. DOE may discuss items raised in 

these letters with DNFSB staff as DOE assesses the Board’s advice and observation.

6. DNFSB and DOE will provide to each other copies of reports related to safety at defense nuclear 

facilities that are sent to Congress and other stakeholders (e.g., Government Accountability 

Office, Office of Management and Budget).

7. DNFSB and DOE may establish additional or alternate points of contact for communicating on 

the status of any DOE response to DNFSB correspondence.
Supplementary Agreement for MOU Version 1: June 2022, page: 15

Topic #6: Recommendations and Implementation Plans

MOU #9: DOE and DNFSB will communicate, as appropriate, following the issuance of 

recommendations and during implementation plan development, to provide clarification and address 

factual accuracy concerns.

MOU #10: Once the Secretary of Energy transmits an implementation plan (IP) to the Board, any 

significant IP revisions will be sent to the Board as soon as practicable. The Board, at its discretion, 

may communicate any issues related to IPs or IP revisions to the Secretary, and commits to do so 

promptly.

1. DOE and DNFSB will actively communicate during the Recommendation process.

2. DOE and DNFSB will each designate technical staff and management point(s) of contact (POC) 

after the Board transmits a Recommendation to DOE. These POCs should meet regularly to 

discuss Recommendation and Implementation Plan progress, and if DOE accepts the 

Recommendation, continue to meet until DOE completes Implementation Plan actions.

3. DOE and DNFSB will use the draft Recommendation process to provide clarifications, address

factual accuracy concerns and share any new pertinent technical information. The draft 

recommendation process also allows DOE to share any technical issues associated with specific 

sub-recommendations.

4. DOE will communicate its Implementation Plan approach to DNFSB early in the process and 

consider DNFSB input. This communication should take the form of meetings while the draft 

Implementation Plan is being developed and may include the sharing of draft Implementation 

Plans.
Supplementary Agreement for MOU Version 1: June 2022, page: 16

Topic #7: Board Public Hearings, Meetings, and Briefings

MOU #11: The Board will identify to the Secretary of Energy the DOE and/or contractor personnel it 

seeks to participate in a Board hearing and/or meeting. The Secretary of Energy, or the Secretary’s 

designee, will make every effort to resolve participation issues with the Board.

1. Public hearings/meetings with active DOE participation.

a. As soon as practicable, DNFSB will provide to DOE the public hearing/meeting topics, 

objectives, and requested participants. The general goal is to have the topics, 

objectives, and participants finalized and communicated to the Department, at least 20 

business days in advance of the hearing/meeting.

b. DNFSB will determine the participants it deems necessary and will consider DOE 

feedback on the participants when finalizing the hearing/meeting agenda.

c. As practicable, DNFSB will share with DOE a detailed list of hearing/meeting topics, with 

sufficient information to support the appropriate level of preparation, at least 10

business days in advance.

d. DOE will provide DNFSB any presentation materials and/or exhibits 3 business days prior 

to the hearing/meeting, as practicable to ensure their availability at the

hearing/meeting.

e. DNFSB may offer DOE participants a logistical walkthrough and familiarization session in 

advance of the hearing/meeting. This session will only be for technical and logistical

purposes and will not involve any substantive discussion or rehearsal.

f. For public hearings, DNFSB will provide to DOE a list of any questions for the record 

(QFR) within 5 business days after the hearing and DOE will provide responses to the 

QFRs within 15 business days of receipt, as practicable. If DOE needs additional time, 

DOE will communicate such need as early as practicable.

g. For public meetings, DNFSB may provide to DOE a request for information regarding 

follow-up questions on topics discussed at the meeting.

h. If a transcript is developed, DNFSB will provide hearing/meeting transcripts to DOE for 

identification of transcription errors only.

2. DOE briefings to the Board

a. DNFSB and DOE will communicate regarding appropriate DOE participants in advance of 

scheduling the briefing.

b. DNFSB and DOE may communicate about specific briefing objectives or topics

sufficiently in advance of the briefing to allow adequate preparation.
Supplementary Agreement for MOU Version 1: June 2022, page: 17

c. DOE may (if developed) provide to DNFSB the briefing materials in advance of the 

briefing.

d. DNFSB may publish an agenda of the briefing on its public website. DNFSB may publish

on its public website the briefing materials that have been cleared by DOE for public

disclosure.
Supplementary Agreement for MOU Version 1: June 2022, page: 18

Topic #8: Escalation Process

MOU #12: The Parties will make a good-faith effort to resolve all interface issues expeditiously and at 

the lowest possible level. However, the Board, the Secretary of Energy, and the Deputy Secretary of 

Energy will maintain open lines of communication and may at any point use such dialogue to resolve 

interface issues.

1. DNFSB and DOE will strive to resolve all interface issues at the lowest level (e.g., Site, 

Departmental Representative (DR), and Program Secretarial Officer (PSO) Liaisons as 

appropriate) prior to initiating the escalation process, whether at DOE headquarters or in the 

field. 

2. Either DNFSB or DOE may initiate or escalate to the next step of the escalation process (as 

defined in 4a & 4b) if an interface issue cannot be resolved. The initiating party will 

communicate to the appropriate personnel from the other agency that it intends to escalate an

issue. 

3. DNFSB and DOE staff will keep their respective management—specifically, the DNFSB EDO/TD; 

DOE DR; PSO/DR Liaisons–informed of the status of the interface issue during the entirety of the 

escalation process. 

4. As appropriate for the interface issue, DOE and DNFSB will make a concerted effort to resolve 

the interface issue within 20 business days, or prior to a scheduled activity related to the 

interface issue. Resolution of an interface issue may include a mutually agreed upon date for 

DOE to provide information or access to DNFSB.

a. At Headquarters: The appropriate DNFSB ATD/TD will work with the DOE Headquarters 

management responsible for the interface issue and the PSO/DR Liaison to resolve the 

interface issue. If the interface issue is not resolved, the PSO/DR Liaison will determine the 

appropriate DOE senior management to resolve the interface issue. DNFSB and identified 

DOE senior management will work to resolve the interface issue. 

b. In the Field: The appropriate DNFSB ATD will work with the DOE Site Liaison/Field Element 

Management to resolve the interface issue. If the interface issue is not resolved, the DNFSB 

TD will work with the DOE Field Element Manager to resolve the interface issue. If the 

interface issue is still not resolved, the PSO/DR Liaison will determine the appropriate DOE 

senior management to resolve the interface issue. DNFSB and identified DOE senior 

management will work to resolve the interface issue.