Defense

Nuclear

Facilities

Safety

Board

Washington, DC 20004

Policy

Statement

 

Date: December 3, 2020

Subject

Policy Statement on Access to 

Information. 

Summary

This policy establishes the 

Board’s expectations of access to 

such facilities, personnel, and 

information as the Board 

considers necessary to carry out its 

mission. 

Thomas A. Summers

Acting Chairman
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I. Purpose/Objectives

This policy establishes the Board’s expectations of access to such facilities, personnel, 

and information as the Board considers necessary to carry out its mission.

II. Scope/Application

The Board shall operate in a manner consistent with applicable laws and regulations in 

the carrying out of its mission and recognizes the Secretary of Energy’s authority, under 

42 U.S.C. § 2286c(b)(1), to deny access to information only to any person that has not been 

granted an appropriate security clearance or access authorization or does not need such access in 

connection with their duties. Pursuant to 42 U.S.C. § 2286c(c), the Board will not publically 

disclose information provided under 42 U.S.C. § 2286c if such information is otherwise 

protected from disclosure by law, to include deliberative process information, noting it is the 

responsibility of the Department of Energy to appropriately mark and identify the legal 

protection of any transferred information prior to transfer.

III. Policy

The Board and its staff shall request such information from the Department of Energy as 

is necessary to carry out the Board’s mission.

Upon entering into a Memorandum of Understanding (MOU) with the Department of 

Energy, the Board and its staff shall adhere to agreed procedures, escalation clauses, and 

measures pertaining to the DNFSB’s access to information and revise internal policies and 

procedures, as necessary, to comply with the terms of the MOU.

The Board and its staff shall seek direct documentation, information, and access to carry 

out the mission of the Board, rather than to rely on summary information provided by the 

Department of Energy or its contractors.

Delays in receiving a response to an initial information or access request shall result in a 

Board letter to the Secretary of Energy reiterating the request.

Resident Inspectors shall have onsite access to facilities, personnel, and information (e.g., 

documents, databases, etc.) necessary to execute their duties while minimizing disruptions to site 

operations. The Resident Inspectors will communicate regularly with site liaisons—both federal 

and contractor—to ensure that the Resident Inspectors are apprised of activities and information 

pertaining to their oversight duties as well as any operational or sensitive activities.

DNFSB headquarters staff conducting oversight reviews shall submit agendas, proposed 

facility visits and walk downs, and on-site meeting requests ahead of their visits, and will work 

with the site to schedule those visits at a mutually agreed upon time.
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Board Members shall, in the course of their duties, visit facilities and sites periodically, 

either as a full Board or individually, to observe operations, review facility conditions, and meet 

with Department field office and contractor managers. Appropriate notifications shall be made 

to the Department and to the site ahead of any Board visits.

Board Member questions taken for the record at Public Hearings shall be considered 

information requests.

Reporting requirements shall be established by the Board solely through Board-approved 

written correspondence to the Secretary, as these requirements are binding, per 42 U.S.C. 

§ 2286b(d). It is the policy of the Board that reporting requirements will be used in instances in 

which the information sought by the Board may not be satisfied via a standard information 

request because: (a) the information sought may need to be generated through the Office of the 

Secretary, such as information necessitating a data call; or (b) the request requires a higher level 

briefing or report that would require the approval of the Secretary or explicit designee.

Pursuant to 42 U.S.C. § 2286c(b)(2), no later than January 1 and July 1 each year, the 

Board shall submit to the Congressional defense committees a report of any written requests 

made by the Board to the Secretary in writing which were denied in the preceding six-months.

IV. Responsibility for Implementation

Board Members and Executive Director of Operations.

V. Monitoring and Compliance

Executive Committee on Internal Controls should review the procedures in accordance 

with bylaws.

VI. Status

Approved on: __December 3, 2020__