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Udall, Heinrich seek to 'protect' federal nuke board with amendments

Carlsbad Current-Argus

A federal agency that regulates nuclear facilities across the country could be granted more oversight power as two New Mexico senators introduced amendments intended to strengthen the Defense Nuclear Facilities Safety Board (DNFSB).

U.S. Sen. Tom Udall (D-NM) and Sen. Martin Heinrich (D-NM) introduced three amendments Tuesday to the Fiscal Year 2020 National Defense Authorization act aimed at protecting the Board’s authority in requesting documents, retaining members and clarifying where its authority lies.

The DNFSB provides oversight to New Mexico’s national security laboratories – Sandia and Los Alamos national laboratories – and the Waste Isolation Pilot Plant (WIPP) near Carlsbad.

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The Board conducts safety reviews at the facilities, making recommendations to President Donald Trump and Energy Sec. Rick Perry on projects and procedures to increase safety from radioactive exposure.

In February, the DNFSB opened an investigation at WIPP regarding worker exposure to toxic fumes from diesel equipment and excessive heat.

The senators proposed suspending a recent Department of Energy order that restricted the Board’s ability to request health and safety information from DOE sites until a report on the impact of the order was filed by the Government Accountability Office (GOA).

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The second provision clarifies the DNFSB’s authority to get full access to DOE facilities and information when investigating health and safety issues at the facilities.

Heinrich and Udall also introduced an amendment clarifying the Board members can serve two terms.

Udall said the provisions were necessary to ensure the Board can fulfill its statutory duties.

“I’m proud to partner with Senator Heinrich in filing these critical amendments, which will protect and strengthen the DNFSB’s ability to ensure the health and safety of communities and workers across New Mexico,” he said.

“These measures will address widespread concerns about the DOE’s information-sharing order, which would weaken the DNFSB’s watchdog role and diminish its power to access vital information needed to conduct its safety oversight responsibilities.

"Together, our provisions will ensure that the DNFSB has the necessary resources, support, and legal authority to carry out its essential oversight mission effectively.”

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Heinrich said the Board is an essential, independent entity that works to maintain safety at DOE facilities.

“The independent Defense Nuclear Facilities Safety Board plays a critical role in safeguarding public health and safety at New Mexico’s three Department of Energy facilities,” said Heinrich.

“I am pleased to join Senator Udall in this effort to ensure the board continues to have the access it needs to fully protect the safety of workers and the public.”

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The pair of Democrats also opposed a proposal last fall that called for a reorganization of the DNFSB to reduced staff at its headquarters in Washington, D.C.

The proposal made by DNFSB Acting Chairman Bruce Hamilton cut D.C. staff by 46 percent, while increasing resident inspectors at DOE facilities by 80 percent.

Hamilton also looked to establish field offices in Albuquerque and Las Vegas, Nevada for full time oversight of Sandia National Laboratories, WIPP, the Nevada National Security Site, Lawrence Livermore National Laboratory in California, and Idaho National Laboratory.

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His proposal also created a new Executive Director of Operations who will lead the Board’s operations, appointing then-Technical Director Christopher Roscetti to the post.

“This re-structuring will improve our safety focus and independent oversight priorities in the field, while making our headquarters organization leaner to make us more responsive in the execution of our mission,” Hamilton said.

Udall and Heinrich, worried the move would cut the Board’s staff and stymie its effectiveness, sought to block federal funds from being spent during the reorganization.

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“With the inclusion of our measure regarding the DNFSB’s proposed reorganization, this bill prohibits the board’s leadership from moving forward with such a sweeping proposal – which would likely result in staff reductions – unless Congress has vetted and authorized it,” Udall and Heinrich wrote.

“This prohibition, which guarantees Congress’ oversight role over the board, is especially important given the Trump administration’s previous efforts to weaken the DNFSB and even terminate the board entirely.”

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Adrian Hedden can be reached at 575-628-5516, achedden@currentargus.com or @AdrianHedden on Twitter.