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Open Recommendations

Nuclear Security: DOE Should Take Actions to Fully Implement Insider Threat Program
GAO-23-105576
May 24, 2023
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7 Open Recommendations
2 Priority
Agency Affected Recommendation Status
Department of Energy The Insider Threat Program senior official should develop a mechanism to track actions taken in response to findings and recommendations it receives from independent assessments. (Recommendation 1)
Open
When we receive information from the agency regarding this recommendation, we will update it.
Department of Energy The Insider Threat Program senior official should resume annual reporting and include in those reports the actions the program has taken to address findings and recommendations it receives from independent assessments. (Recommendation 2)
Open
When we receive information from the agency regarding this recommendation, we will update it.
Department of Energy
Priority Rec.
This is a priority recommendation.
The Insider Threat Program senior official should establish a process to better integrate insider threat responsibilities, ensuring that the senior official can centrally manage all aspects of the Insider Threat Program. (Recommendation 3)
Open
When we receive information from the agency regarding this recommendation, we will update it.
Department of Energy
Priority Rec.
This is a priority recommendation.
The Secretary of Energy should ensure that the Insider Threat Program achieves a single, department-wide approach to managing insider risk. (Recommendation 4)
Open
When we receive information from the agency regarding this recommendation, we will update it.
Department of Energy The Insider Threat Program senior official should work with DOE program offices and NNSA, in coordination with contracting officers, as appropriate, to ensure that contractors' specific Insider Threat Program responsibilities are clearly stated and consistently applied across the sites by, for example, reviewing and, if necessary, revising contract requirements to include responsibilities such as insider threat response actions. (Recommendation 5)
Open
When we receive information from the agency regarding this recommendation, we will update it.
Department of Energy The Insider Threat Program senior official should work with Insider Threat Program stakeholders to identify all departmental resources that support the Insider Threat Program. (Recommendation 6)
Open
When we receive information from the agency regarding this recommendation, we will update it.

Power Marketing Administrations: Additional Steps Are Needed to Better Manage Climate-Related Risks
GAO-23-106224
Mar 30, 2023
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7 Open Recommendations
Agency Affected Recommendation Status
Southeastern Power Administration The Administrator of the Southeastern Power Administration should direct staff to develop a climate change vulnerability assessment that identifies critical assets, infrastructure systems, and programs vulnerable to climate change. (Recommendation 1)
Open
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Southeastern Power Administration The Administrator of the Southeastern Power Administration should direct staff to develop a resilience plan that identifies and prioritizes climate resilience measures needed to address climate-related risks. (Recommendation 2)
Open
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Southeastern Power Administration The Administrator of the Southeastern Power Administration should direct staff to establish a plan to routinely reassess its vulnerability assessment and resilience plan to incorporate updated information about climate science and implemented resilience measures. (Recommendation 3)
Open
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Western Area Power Administration The Administrator of the Western Area Power Administration should direct staff to develop a climate change vulnerability assessment that identifies critical assets, infrastructure systems, and programs vulnerable to climate change. (Recommendation 4)
Open
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Western Area Power Administration The Administrator of the Western Area Power Administration should direct staff to develop a resilience plan that identifies and prioritizes climate resilience measures needed to address climate-related risks. (Recommendation 5)
Open
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Western Area Power Administration The Administrator of the Western Area Power Administration should direct staff to establish a plan to routinely reassess its vulnerability assessment and resilience plan to incorporate updated information about climate science and implemented resilience measures. (Recommendation 6)
Open
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Department of Energy Contracting: Additional Actions Could Further Strengthen Competition
GAO-23-105209
Jan 24, 2023
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8 Open Recommendations
Agency Affected Recommendation Status
National Nuclear Security Administration The Associate Administrator for NNSA's Office of Partnership and Acquisition Services should hold periodic meetings to share information with industry about how competitions are conducted and how offers are evaluated, including any changes in agency practices. (Recommendation 1)
Open
NNSA concurred in principle with our recommendation and officials described actions the agency is already taking to share information with industry. However, most of these actions focus on specific competitions. We continue to believe that NNSA's existing processes could be enhanced by additional communication with industry that is independent of specific competitions. We will continue to monitor NNSA's efforts to address this recommendation.
Department of Energy The Director of DOE's Office of Science should hold periodic meetings to share information with industry about how competitions are conducted and how offers are evaluated, including any changes in agency practices. (Recommendation 2)
Open
DOE concurred with our recommendation and officials provided examples of the types of meetings the Office of Science holds when conducting specific competitions, stating that the Office will continue these efforts. However, as our report states, communications during specific competitions may not fully address industry perceptions that may hinder competition. Consistent with OMB guidance, other DOE components and executive branch agencies have made efforts to communicate with industry beyond specific competitions. We continue to believe that additional communication with industry--independent of specific competitions--could help address industry perceptions about the fairness of the award process and, in turn, remove barriers to competition. We will continue to monitor DOE's efforts to address this recommendation.
Department of Energy The Assistant Secretary for EM should use structured mechanisms for soliciting information on how entities decide whether to submit an offer for a solicitation, such as through periodic reverse industry day events. (Recommendation 3)
Open
DOE concurred with our recommendation and officials stated that the agency will further consider process improvements to their current industry day events, including reverse industry day events. DOE estimated that they would complete action on this recommendation in September 2023. We will continue to monitor DOE's efforts to address this recommendation.
National Nuclear Security Administration The Associate Administrator for NNSA's Office of Partnership and Acquisition Services should use structured mechanisms for soliciting information on how entities decide whether to submit an offer for a solicitation, such as through periodic reverse industry day events. (Recommendation 4)
Open
NNSA concurred in principle with our recommendation and officials described actions the agency is already taking to obtain information from industry. However, NNSA's stated actions focus on specific competitions. We continue to believe that NNSA's existing processes could be enhanced by additional communication with industry that is independent of specific competitions. We will continue to monitor NNSA's efforts to address this recommendation.
Department of Energy The Director of DOE's Office of Science should use structured mechanisms for soliciting information on how entities decide whether to submit an offer for a solicitation, such as through periodic reverse industry day events. (Recommendation 5)
Open
DOE concurred with our recommendation and officials stated that the Office of Science would continue to solicit feedback with industry during specific competitions. However, these planned efforts do not provide a structured mechanism for obtaining feedback independent of a specific competition and would not, for example, allow the Office of Science to obtain information from entities that decided not to submit an offer. We continue to believe that, by using structured mechanisms such as reverse industry day events, which OMB says can provide valuable information on the perceptions of industry, the Office of Science could better understand and address factors that may hinder competition. We will continue to monitor NNSA's efforts to address this recommendation.
Department of Energy The Director of DOE's Office of Acquisition Management should determine whether using structured mechanisms for soliciting industry feedback on entities' offer decisions, such as through periodic reverse industry day events, would be appropriate for smaller DOE offices with fewer large competitions. Depending on that determination, DOE's Office of Acquisition Management should share information with those offices as appropriate. (Recommendation 6)
Open
DOE concurred with our recommendation and officials stated that the Office of Management would further consider process improvements to current industry day events, including reverse industry day events. DOE estimated that the Office would complete action on this recommendation in September 2023. We will continue to monitor DOE's efforts to address this recommendation.

Renewable Fuel Standard: Actions Needed to Improve Decision-Making in the Small Refinery Exemption Program
GAO-23-104273
Nov 03, 2022
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7 Open Recommendations
Agency Affected Recommendation Status
Environmental Protection Agency The Administrator of EPA should reassess EPA's conclusion that all small refineries recover their RFS compliance costs in the price of the gasoline and diesel they sell, including by fully examining and documenting RIN market performance and RIN pass-through in all relevant fuel markets. (Recommendation 1)
Open
EPA did not concur with this recommendation. We continue to believe that the recommendation is valid because both our work and EPA's preliminary results from its latest analysis point to a difference in the prices paid by small and larger refineries for RINs. Both our analysis and EPA's preliminary analysis also look at average differences in prices paid by smaller companies. Without additional analysis, it is not possible to know if there could be specific market situations or specific small refineries where these differences are more pronounced. Moreover, EPA's preliminary analysis does not attempt to determine at what level these differences may represent disproportionate economic hardship for a small refinery. We therefore maintain that it is important for EPA to fully analyze this difference and its potential causes. This is important both to inform EPA's overall approach to small refinery exemptions and its decision-making regarding specific exemption petitions. We will monitor EPA's efforts to address this recommendation.
Department of Energy The Secretary of Energy should develop an approach for consulting on small refinery exemption petitions that provides EPA with useful information on disproportionate economic hardship. (Recommendation 2)
Open
DOE concurred with this recommendation and said it would take steps to implement it. When we confirm what actions DOE has taken in response to this recommendation, we will provide updated information.
Environmental Protection Agency The Administrator of EPA should identify and communicate what information refineries would need to submit to demonstrate disproportionate economic hardship. (Recommendation 3)
Open
EPA partially concurred with this recommendation and said it would take steps to implement it. When we confirm what actions EPA has taken in response to this recommendation, we will provide updated information.
Department of Energy The Secretary of Energy should develop policies and procedures for its consultation with EPA on small refinery exemption petitions. (Recommendation 4)
Open
DOE concurred with this recommendation and said it would take steps to implement it. When we confirm what actions DOE has taken in response to this recommendation, we will provide updated information.
Environmental Protection Agency The Administrator of EPA should develop policies and procedures for making small refinery exemption decisions. (Recommendation 5)
Open
EPA partially concurred with this recommendation and said it would take steps to implement it. When we confirm what actions EPA has taken in response to this recommendation, we will provide updated information.
Environmental Protection Agency The Administrator of EPA should develop policies and procedures to ensure that EPA meets statutory deadlines to issue decisions, including tracking when petitions are considered complete. (Recommendation 6)
Open
EPA partially concurred with this recommendation and said it would take steps to implement it. When we confirm what actions EPA has taken in response to this recommendation, we will provide updated information.
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