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374 facts · 512 sources · updated 2026-09-30

Fact safe-005

newrecordconfirmed Public NSDA is marked 'Draft'; Valar says DOE approved it; its summary names 3 of the 6 rule substitutions asked for
2025-10-13 · safe-005 · Valar Atomics, U.S. Department of Energy

The NSDA PDF Valar posts (rev 02, October 2025, created 13 October 2025 per its file metadata) is marked 'Status: Draft' and 'issued for Public Release'. Valar's library page of the same date says DOE 'has approved' the NSDA under 10 CFR 830 and the DOE-Valar Other Transaction Agreement. The web summary describes a PDSA 'at 50% design completion' and a final DSA 'for the as-built facility', while the PDF proposes, as an alternative requirement, submitting the final DSA 'at 90% design completion' and verifying the as-built plant afterwards (Appendix C.5). The PDF asks DOE to accept six alternatives to standard requirements: ANS-15.8 instead of NQA-1 for quality assurance; ANS-15.4 operator qualification; on-site-only emergency response; OSHA rules instead of DOE's worker safety rule 10 CFR 851; early DSA submittal; and tailored DOE O 420.1C facility safety. The web summary lists three alternatives as approved (ANS-15.8 QA, ANS-15.4 conduct of operations, reduced surveillance). The PDF itself says the OSHA substitution for the construction phase was 'approved through the OTA' (Appendix C.4); that is Valar's statement, and no DOE record of it was read. Apart from it, no record read says whether DOE approved the emergency-planning, worker-safety and DSA-timing alternatives, and no DOE approval letter for the NSDA was found.

In plain termsThe safety agreement the public can read is labelled a draft, while the company says the government approved it. The company's own summary lists only three of the six rule substitutions the document asks for as approved. The ones left unmentioned include two that matter most to neighbours and workers: planning for emergencies only inside the site, and using ordinary workplace-safety rules instead of DOE's. Only DOE's approval letter would show what was actually agreed.
verified 2026-09-29: Re-read NSDA (PDF created 13 Oct 2025 09:11 MDT per metadata, 'Status: Draft') and the web summary (dated 13 Oct 2025) on 2026-09-29. Holds. Added: the NSDA says its OSHA substitution for construction was 'approved through the OTA' (a company statement), which the earlier text missed.

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