LANL Groundwater Discharge Permit Hearing Underway

BY  TRIS DEROMA   lamonitor.com |

In opening testimony at a groundwater discharge permit hearing Wednesday, attorneys for a Los Alamos National Laboratory contractor said spraying the ground with water with remediated levels of chromium and RDX is environmentally safe. Chromium and RDX are known carcinogens. The chemicals are from contamination plumes found on the grounds of the laboratory in the 2000s.
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Federal District Court Allows Lawsuit to Proceed Against DOE/LANS Potential Penalties Exceed $300,000,000

For Immediate Release


New Mexico Environmental Law Center          Nuclear Watch New Mexico


Santa Fe, NM

A United States District Court judge has ruled that a lawsuit filed by Nuclear Watch New Mexico (NukeWatch) can move forward. The lawsuit is based on thirteen (13) violations of corrective actions Los Alamos National Security, LLC (LANS) and the Department of Energy (DOE) failed to complete under a 2005 Consent Order governing cleanup that the New Mexico Environment Department (NMED) fought for under former Governor Bill Richardson.

Fines for failure to complete the corrective tasks are $37,000 per violation per day. Violations for failing to complete the tasks started as early as June 2014 and now total well over $300 million.

The judge in allowing the lawsuit on civil penalties to move forward stated that DOE/LANS had failed to show in their legal and factual analysis that violations were unlikely to recur.

Jon Block, representing NukeWatch as a staff attorney at the New Mexico Environmental Law Center, said “We are gratified that the Court is allowing the lawsuit on civil penalties to move forward.”

In 2002, the NMED determined that decades of contamination at Los Alamos National Laboratory constituted an “imminent and substantial endangerment to health and the environment” and sought to compel cleanup at the Lab.  DOE/LANS counter-sued, and in 2005 the parties agreed to a Consent Order specifying that DOE/LANS would characterize the extent and nature of the contamination, assess alternatives for effective cleanup of the contamination, and implement cleanup. Gov. Martinez came into office in 2011, after which DOE/LANS compliance with the Consent Order effectively stopped.

NukeWatch filed its original complaint in May 2016, followed by an amended complaint in July 2016. That was in response to a June 2016 announcement by NMED and DOE/LANS that they had entered into a new Consent Order that rendered the 2005 Consent Order invalid.

The judge did grant DOE/LANS and NMED’s motions to dismiss that part of NukeWatch’s complaint asking for declaratory and injunctive relief (in general seeking to have the 2016 Consent Order declared invalid). However, the judge specifically noted that the revised 2016 Consent Order replaced enforceable goals in the 2005 Order with unenforceable goals.

Jay Coghlan, NukeWatch director, commented “Susana Martinez’ administration shamefully gave away the store to the Los Alamos Lab, forgiving hundreds of millions of dollars in potential penalties for clear violations of an enforceable cleanup order, at the very time when New Mexico was facing a serious budget crisis. We are very pleased that the issue of penalties can now go forward in court, which should bring some accountability toward achieving comprehensive Lab cleanup that would produce hundreds of high-paying jobs.”

See NukeWatch’s Amended Complaint at:

https://nukewatch.org/importantdocs/cleanup_lawsuit/NukeWatch-First-Amended-Complaint-as-filed-20160719.pdf

See Judge Judith Herrera’s decision at:

https://drive.google.com/file/d/1p9JB8HYj-ryfe4S8WRT7NB2g9PQtV5x2/view?usp=sharing

Contacts

Jay Coghlan                                                                                                                     Nuclear Watch New Mexico                                                                        505.989.7342

Jon Block, Staff Attorney                                                                                                  New Mexico Environmental Law Center                                                505.989.9022

New Contractors Selected For Expanded Nuclear Weapons Production at Los Alamos

Santa Fe, NM – Today the Department of Energy’s National Nuclear Security Administration (NNSA) announced its choice for the new management and operating contract for the Los Alamos National Laboratory (LANL).

The new contractor, Triad National Security, LLC, is a limited liability company consisting of the Battelle Memorial Institute, the University of California and Texas A&M University. All three are non-profits, and it is unclear how this will affect New Mexico gross receipts taxes.

Battelle claims to be the world’s largest non-profit technology research and development organization, and manages a number of labs including the Lawrence Livermore and Idaho National Laboratories. Texas A&M was founded in 1876 as the state’s first public institution of higher learning and has the largest nuclear engineering program in the country. DOE Secretary Rick Perry is an avid A&M alumnus.

The new contract includes a five-year base time with five one-year options, for a total of 10 years if all options are exercised. The estimated value of the contract is $2.5 billion annually.

The University of California (UC) ran the Lab from its beginning in 1943 until June 2006, when Los Alamos National Security, LLC (LANS), composed of the University of California (UC), Bechtel, AECOM and BWX Technologies, Inc., took over. That contract had a ten-year base period with ten one-year options, for a total of 20 years if all options were exercised. But LANS was terminated with nine years left of possible options. This was primarily due to LANS improperly preparing a barrel of radioactive wastes that ruptured, closing the Waste Isolation Pilot Plant for nearly three years. NNSA did not clarify why it is now issuing a shorter contract.

This change in contract follows a May 10, 2018 announcement by NNSA that production of plutonium pits, the fissile cores of nuclear weapons, will be expanded to at least 30 pits per year at LANL, and an additional 50 pits per year at the Savannah River Site. The Los Alamos Lab is the birthplace of nuclear weapons, and it is tying its future to increased nuclear weapons production, with the active support of the New Mexico congressional delegation. The Lab proposed, but failed to convince NNSA, to produce all 80 plutonium pits per year. LANL’s core research, testing and production programs for nuclear weapons now comprise 70% of its ~$2.5 billion annual budget, while much of the Lab’s remaining budget indirectly supports those programs.

Lisa E. Gordon-Hagerty, the new NNSA Administrator, testified during her confirmation hearing that expanded plutonium pit production is her number one priority.  However, expanded production is NOT needed to maintain the safety and reliability of the existing nuclear weapons stockpile. In fact, no pit production for the existing nuclear weapons stockpile has been scheduled since 2011, and none is scheduled for the future. Up to 15,000 “excess” pits and another 5,000 in “strategic reserve” are already stored at DOE’s Pantex Plant near Amarillo, TX. In 2006 independent experts found that pits last a least a century (they currently average 40 years old). A 2012 follow-on study by the Livermore Lab found that the “graceful aging of plutonium also reduces the immediate need for a modern high-capacity manufacturing facility to replace pits in the stockpile.”

Future pit production is for speculative future new designs being pushed by the nuclear weapons labs, so-called Interoperable Warheads for both land- and sub-launched missiles that the Navy does not want. Moreover, future pits will NOT be exact replicas of existing pits. This could have serious potential consequences because heavily modified plutonium pits cannot be full-scale tested, or alternatively could prompt the U.S. to return to nuclear weapons testing, which would have severe international proliferation consequences.

Jay Coghlan, Nuclear Watch Director, commented, “Regardless of who runs the Lab, LANL will decrease mission diversification and increase nuclear weapons production, while holding cleanup flat at a tenth of its weapons budget. New Mexico been a nuclear weapons colony since WWII, and adding Battelle, Texas A&M, and the University of California is just more of the same. There will be little if any added benefit for New Mexico’s citizens.”

What’s Not in NNSA’s Plutonium Pit Production Decision

 Today the National Nuclear Security Administration (NNSA) announced:

To achieve DoD’s [the Defense Department] 80 pits per year requirement by 2030, NNSA’s recommended alternative repurposes the Mixed Oxide Fuel Fabrication Facility at the Savannah River Site in South Carolina to produce plutonium pits while also maximizing pit production activities at Los Alamos National Laboratory in New Mexico.  This two-prong approach – with at least 50 pits per year produced at Savannah River and at least 30 pits per year at Los Alamos – is the best way to manage the cost, schedule, and risk of such a vital undertaking.

First, in Nuclear Watch’s view, this decision is in large part a political decision, designed to keep the congressional delegations of both New Mexico and South Carolina happy. New Mexico Senators Tom Udall and Martin Heinrich are adamantly against relocating plutonium pit production to South Carolina. On the other hand, South Carolina Senator Lindsay Graham was keeping the boondoggle Mixed Oxide (MOX) program on life support, and this pit production decision may help to mollify him. This could also perhaps help assuage the State of South Carolina, which is suing the Department of Energy for failing to remove plutonium from the Savannah River Site as promised.

But as important is what is NOT in NNSA’s plutonium pit production decision:

  There is no explanation why the Department of Defense requires at least 80 pits per year, and no justification to the American taxpayer why the enormous expense of expanded production is necessary.

•  NNSA avoided pointing out that expanded plutonium pit production is NOT needed to maintain the safety and reliability of the existing nuclear weapons stockpile. In fact, no production of plutonium pits for the existing stockpile has been scheduled since 2011, and none is scheduled for the future.

•  NNSA did not mention that in 2006 independent experts found that pits last a least a century. Plutonium pits in the existing stockpile now average around 40 years old. The independent expert study did not find any end date for reliable pit lifetimes, indicating that plutonium pits could last far beyond just a century.

• NNSA did not mention that up to 15,000 “excess” pits are already stored at the Pantex Plant near Amarillo, TX, with up to another 5,000 in “strategic reserve.” The agency did not explain why new production is needed given that immense inventory of already existing plutonium pits.

•  Related, NNSA did not explain how to dispose of all of that plutonium, given that the MOX program is an abysmal failure. Nor is it made clear where future plutonium wastes from expanded pit production will go since operations at the troubled Waste Isolation Pilot Plant are already constrained from a ruptured radioactive waste barrel, and its capacity is already overcommitted to existing radioactive wastes.

•  NNSA did not make clear that expanded plutonium pit production is for a series of speculative future “Interoperable Warheads.” The first IW is meant to replace nuclear warheads for both the Air Force’s land-based and the Navy’s sub-launched ballistic missiles. The Obama Administration delayed “IW-1” because the Navy does not support it. However, the Trump Administration is restarting it, with annual funding ballooning to $448 million by 2023, and “IW-2” starting in that same year. Altogether the three planned Interoperable Warheads will cost at least $40 billion, despite the fact that the Navy doesn’t support them.[1]

•  NNSA’s expanded plutonium pit production decision did not mention that exact replicas of existing pits will NOT be produced. The agency has selected the W87 pit for the Interoperable Warhead, but its FY 2019 budget request repeatedly states that the pits will actually be “W87-like.” This could have serious potential consequences because any major modifications to plutonium pits cannot be full-scale tested, or alternatively could prompt the U.S. to return to nuclear weapons testing, which would have severe international proliferation consequences.

•  The State of South Carolina is already suing the Department of Energy for its failure to begin removing the many tons of plutonium at the Savannah River Site (SRS). NNSA’s pit production decision will not solve that problem, even as it will likely bring more plutonium to SRS.

•  The independent Defense Nuclear Facilities Safety Board has expressed strong concerns about the safety of plutonium operations at both the Los Alamos National Laboratory (LANL) LANL and SRS, particularly regarding potential nuclear criticality incidents.[2] NNSA did not address those safety concerns in its plutonium pit production decision.

•  Politicians in both New Mexico and South Carolina trumpet how many jobs expanded plutonium pit production will create. Yet NNSA’s expanded plutonium pit production decision does not have any solid data on jobs produced. One indicator that job creation will be limited is that the environmental impact statement for a canceled $6 billion plutonium facility at LANL stated that it would not produce a single new Lab job because it would merely relocate existing jobs. Concerning SRS, it is doubtful that pit production could fully replace the jobs lost as the MOX program dies a slow death. In any event, there certainly won’t be any data on the greater job creation that cleanup and renewable energy programs would create. Funding for those programs is being cut or held flat, in part to help pay for nuclear weapons programs.

•  Finally, the National Environmental Policy Act (NEPA) requires that major federal proposals be subject to public review and comment before a formal decision is made. NNSA’s decision does not mention its NEPA obligations at all. In 1996 plutonium pit production was capped at 20 pits per year in a nation-wide Stockpile Stewardship and Management Programmatic Environmental Impact Statement (PEIS). NNSA failed to raise that production limit in any subsequent NEPA process, despite repeated attempts. Arguably a decision to produce 80 pits or more per year requires a new or supplemental nation-wide programmatic environmental impact statement to raise the production limit, which the new dual-site decision would strongly augment. This then should be followed by whatever site-specific NEPA documents might be necessary.

Jay Coghlan, Nuclear Watch Director, commented, “NNSA has already tried four times to expand plutonium pit production, only to be defeated by citizen opposition and its own cost overruns and incompetence. But we realize that this fifth attempt is the most serious. However, we remain confident it too will fall apart, because of its enormous financial and environmental costs and the fact that expanded plutonium pit production is simply not needed for the existing nuclear weapons stockpile. We think the American public will reject new-design nuclear weapons, which is what this expanded pit production decision is really all about.”

# # #

[1]     See 2012 Navy memo demonstrating its lack of support for the Interoperable Warhead at https://www.nukewatch.org/importantdocs/resources/Navy-Memo-W87W88.

[2]     For example, see Safety concerns plague key sites proposed for nuclear bomb production, Patrick Malone, Center for Public Integrity, May 2, 2108, https://www.usatoday.com/story/news/nation/2018/05/02/safety-concerns-nuclear-bomb-manufacture-sites/572697002/

 

The Regional Coalition of LANL Communities: Benefits for the Select Few

 According to media reports, Andrea Romero, Executive Director of the Regional Coalition of LANL Communities, is accused of charging some $2,200 dollars of unallowable travel costs, such as alcohol and baseball tickets, while lobbying in Washington, DC for additional funding for the Los Alamos National Laboratory (LANL). She in turn accused the nonprofit group Northern New Mexico Protects of political motivations in revealing these questionable expenses. Romero is running in the Democrat Party primary against incumbent state Rep. Carl Trujillo for Santa Fe County’s 46th district in the state House of Representatives.

Perhaps more serious is the fact that Romero was awarded an undisclosed amount of money by the Venture Acceleration Fund (VAF) for her private business Tall Foods, Tall Goods, a commercial ostrich farm in Ribera, NM. According to a May 8, 2017 Los Alamos Lab news release announcing the award to Tall Foods, Tall Goods, “The VAF was established in 2006 by Los Alamos National Security [LANS], LLC to stimulate the economy by supporting growth-oriented companies.”[1] LANS, primarily composed of the Bechtel Corporation and the University of California, has held the annual ~$2.4 billion Los Alamos National Laboratory (LANL) management contract since June 2006.

The Regional Development Corporation administers the Venture Acceleration Fund.[2] It states that the median VAF award in 2017 was $41,000, and that preference is given to companies that “Have an association with LANL Technology or Expertise.” [3]

It is, at a minimum, unseemly for the Executive Director of the Regional Coalition, which lobbies for increased LANL funding, to receive funding for her private business from LANS, who runs LANL.[4] Ultimately that funding for her private business comes from the American taxpayer.

Romero’s employer, the Regional Coalition, is overwhelmingly funded by the Department of Energy (DOE) and the Los Alamos County government, which receives more than $30 million dollars annually from the Lab through state gross receipts taxes. The Regional Coalition has been lobbying the New Mexico legislature to pass a state law requiring that LANL continue to pay gross receipts tax in the event that its management contract is taken over by a nonprofit university.[5] If successful, that would help to ensure the Regional Coalition’s funding stream.

Concerning the “adequate funding for LANL” that the Regional Coalition lobbies for, LANL’s annual ~$2.4 billion budget is now 70% for core nuclear weapons research and production programs, while much of its remaining funding either directly or indirectly supports those programs. In partial contradiction, the Cities and Counties of Santa Fe and Taos, which belong to the RCLC, have at various times passed resolutions against expanded plutonium pit production for nuclear weapons and/or called for genuine comprehensive cleanup at the Lab.

Despite its rhetoric on producing jobs through cleanup, the Regional Coalition has yet to take a position advocating for genuine comprehensive cleanup at LANL. Instead, the Coalition seems to condone DOE and LANL plans to “cap and cover” and leave ~150,000 cubic meters of radioactive and toxic wastes permanently buried in unlined pits and trenches at the Lab’s largest waste dump, Area G.[6] This will create a permanent nuclear waste dump above the regional groundwater aquifer, three miles uphill from the Rio Grande. Radioactive and toxic wastes are buried directly in the ground without liners, and migration of plutonium has been detected 200 feet below Area G’s surface.[7]

In September 2016 the Department of Energy released a 2016 Lifecycle Cost Estimate Summary[8] of proposed future cleanup at LANL, which RCLC Executive Director Romero hailed as:

The Lifecycle Baseline documentation provides our communities the necessary foundation to properly advocate on behalf of the best possible scenarios for cleaning up legacy nuclear waste at the Laboratory in the most time and cost-efficient manner. After years of requests for this document, we now have the tool that can get us to additional cleanup dollars to get the job done.[9]

However, at the beginning of the 2016 Lifecycle Cost Estimate Summary DOE declares that “An estimated 5,000 cubic meters of legacy waste remains, of which approximately 2,400 cm [cubic meters] is retrievably stored below ground”, a claim which was widely reported in New Mexican media. From there DOE estimated that it would cost $2.9 to $3.8 billion to complete so-called cleanup around 2040, which is woefully low. The DOE report omits any mention of the ~150,000 cubic meters of poorly characterized radioactive and toxic wastes at Area G, an amount 30 times larger than DOE acknowledges. As a partial result, DOE funding for cleanup at LANL remains flat at around $190 million per year, when the New Mexico Environment Department is on record that $250 million per year is needed.

Jay Coghlan, Nuclear Watch Director, commented,

New Mexicans often hear from the Department of Energy and our congressional delegation how nuclear weapons programs economically benefit us. If that’s the case, why is it that New Mexico has fallen from 37th in per capita income in 1957 to 48th in 2017? [10] Why is it that while Los Alamos County is the second richest county in the USA, Main Street Española hasn’t significantly changed for the better in the last 40 years? It’s clear that the economic benefits of the nuclear weapons industry go only to the select few, while to its shame New Mexico as a whole continues to be ranked as the second worst state for children.

# # #

[Copying URLs into browsers is recommended.]

[1]     LANL’ s May 8, 2017 news release Six northern New Mexico businesses awarded funds to boost growth is available at http://www.lanl.gov/discover/news-release-archive/2017/May/0518-6-nnm-business-awarded-funds.php

[2]     “The RDC [Regional Development Corporation] was incorporated in 1996 to serve as the Department of Energy (DOE) Los Alamos Site “Community Reuse Organization” (CRO). As a CRO, the RDC’s mission is to diversify the economy within the north central New Mexico region. As a result, the RDC maintains a special working relationship with both the DOE and Los Alamos National Laboratory (LANL).” https://rdcnm.org/about/

[3]     See https://rdcnm.org/vaf/

[4]     The mission statement of the Regional Coalition of LANL Communities is

… the Regional Coalition works in partnership to create one voice to ensure national decisions incorporate local needs and concerns. The organization’s focus is community and economic development, site employment, environmental remediation, and adequate funding for LANL. The Regional Coalition of LANL Communities is comprised of nine cities, counties and pueblos surrounding the Department of Energy’s Los Alamos National Laboratory (LANL). https://regionalcoalition.org/about

[5]     Four universities are currently vying for the LANL management contract: Purdue (with corporate partner Bechtel), the University of California, the University of Texas, and Texas A&M (DOE Secretary Rick Perry’s alma mater). Corporate partners for the last three have not been disclosed.

[6]     Estimated quantities of waste at Area G (in cubic yards) are from Table G3.41, MDA G Corrective Measures Evaluation, 2011, LANS, p. G-13. See excerpts at http://nukewatch.org/importantdocs/resources/Area_G_Pit_Totals_from_CME_rev3_Sept-2011.pdf

[7]     Documentation of the plutonium detection 200 feet below the surface of Area G is at http://nukewatch.org/importantdocs/resources/AGCME Plate_B-3_radionuclides_subsurface.pdf

[8]     The Department of Energy’s 2016 Lifecycle Cost Estimate Summary for LANL cleanup is available at http://nukewatch.org/importantdocs/resources/LBC-Summary-Aug-2016.pdf

[9]     https://www.santafenm.gov/news/detail/department_of_energy_release_important_baseline_study

[10]   NM per capita income at https://www.bea.gov/regional/bearfacts/pdf.cfm

Major LANL Cleanup Subcontractor Implicated in Fraud; Entire Los Alamos Cleanup Should Be Re-evaluated

 On December 17, 2017, the Department of Energy (DOE) awarded a separate $1.4 billion contract for cleanup at the Los Alamos National Laboratory (LANL) to Newport News Nuclear BWXT-Los Alamos, LLC (also known as “N3B”).[1] This award followed a DOE decision to pull cleanup from LANL’s prime contractor, Los Alamos National Security, LLC (LANS), after it sent an improperly prepared radioactive waste drum that ruptured underground at the Waste Isolation Pilot Plant (WIPP). That incident contaminated 21 workers and closed WIPP for nearly three years, costing taxpayers at least $1.5 billion to reopen.

Tetra Tech Inc is a major subcontractor for N3B in the LANL cleanup contract. Tetra Tech is part of Tech2 Solutions, and will be responsible for the groundwater and storm water programs at LANL that are of intense interest to the New Mexico Environment Department and citizen environmentalists.[2] To date, these programs have been supported by several New Mexico small businesses that will be displaced by Tetra Tech.

Serious allegations of fraud by Tetra Tech were raised long before the LANL cleanup contract was awarded. The US Navy found that the company had committed wide spread radiological data falsification, doctored records and supporting documentation, and covered-up fraud at the Hunters Point Naval Shipyard cleanup project in San Francisco, CA. See media links and excerpts below.

The award of the LANL cleanup contract that includes Tetra Tech raises serious questions about the DOE’s contract evaluation and award process, and the Department’s due diligence in reviewing the performance histories of companies bidding for DOE work. To put this in broad perspective, the DOE’s nuclear weapons and cleanup programs have the singular distinction of being on the congressional Government Accountability Office’s High Risk List for fraud, waste and abuse since 1990.

Potential groundwater contamination is of intense interest to New Mexicans. As late as 1996 the Los Alamos Lab was officially declaring that groundwater contamination was impossible because the overlying volcanic tuff was “impermeable.” LANL even went so far as to request a waiver from NMED to not have to monitor groundwater contamination at all (which fortunately NMED denied). What the Lab, which advertises its “scientific excellence,” omitted to say is that the Parajito Plateau’s geology is highly complex and deeply fractured, providing ready pathways for contaminants to reach groundwater. Indeed, in just the last few months Nuclear Watch forced LANL to admit that its chromium hexavalent-6 groundwater contamination plume is much bigger than previously thought.[3]

Scott Kovac, Nuclear Watch Research Director, commented, “It took years for the DOE Environmental Management Office in Los Alamos to put a cleanup contract in place. We are seriously disappointed that there are major problems before the contract even starts. This situation shines a light on the cozy DOE contractor system, where every cleanup site has different combinations of the same contractors. Call it different trees, but the same old monkeys, where the real priority is to profit off of taxpayers dollars before a shovel turns over any waste.”

Jay Coghlan, Nuclear Watch Director, added, “The entire LANL cleanup program needs to be rethought.” In September 2016 DOE released a 2016 Lifecycle Cost Estimate Summary[4] of proposed future cleanup at LANL. At the beginning of that document the Department declared, “An estimated 5,000 cubic meters of legacy waste remains, of which approximately 2,400 cm [cubic meters] is retrievably stored below ground”, which was widely reported in New Mexican media. From there DOE estimated that it will cost $2.9 to $3.8 billion to complete so-called cleanup around 2040, which is woefully low.

However, the DOE report was far from honest. It intentionally omitted any mention of approximately 150,000 cubic meters of poorly characterized radioactive and toxic wastes just at Area G (LANL’s largest waste dump) alone, an amount of wastes 30 times larger than DOE admits in the 2016 Lifecycle Cost Estimate.

In reality, DOE and LANL plan to not clean up Area G, instead installing an “engineered cover” and leaving the wastes permanently buried. This will create a permanent nuclear waste dump above the regional groundwater aquifer, three miles uphill from the Rio Grande. Radioactive and toxic wastes are buried directly in the ground without liners, and migration of plutonium has been detected 200 feet below Area G’s surface.[5]

“In sum,” Coghlan concluded, “DOE should take a cue from the president and tell TetraTech “you’re fired!” Beyond that, after the current governor gets out of the way, the New Mexico Environment Department should completely reevaluate cleanup at LANL and force the Lab to genuinely clean up, which it is failing to do now.”

# # #

Media excerpts (copying URLs into browser is recommended):

June 29, 2017, well before the LANL cleanup contract was awarded- https://www.sfgate.com/bayarea/article/Ex-SF-Navy-shipyard-workers-allege-fraud-in-11257774.php

Ex-SF Navy shipyard workers allege fraud in radiation cleanup By J.K. Dineen Published 9:06 pm, Thursday, June 29, 2017 “The cleanup of radioactive contamination at the Hunters Point Shipyard was marred by widespread fraud, faked soil samples, and a high-pressure culture where speed was valued over accuracy and safety, according to four former site workers…” “Questions over the accuracy of the soil tests emerged in October 2012, when the Navy discovered that some results were inconsistent with results from previous samples collected in the same areas.” “In a statement, Tetra Tech spokesman Charlie MacPherson said the company “emphatically denies the allegations made by individuals at today’s news conference that Tetra Tech engaged in a cover-up of fraud on the Hunters Point Naval Shipyard.”

Jan 31, 2018: https://sf.curbed.com/2018/1/31/16956458/hunters-point-toxic-cleanup-navy-responds-san-francisco

Navy: Do-over of $250 million cleanup at Hunters Point necessary Unknown delay for city’s biggest redevelopment project By Chris Roberts@cbloggy “…According to a review of Tetra Tech’s data, triggered by allegations of fraud first made in 2011 and 2012, as much as half of Tetra tech’s work contains problems. That’s enough for the Navy to lose trust in all of the company’s data, Derek Robinson, the Navy’s coordinator for cleanup at the shipyard, said in an interview on Tuesday. “We’ve lost confidence” in Tetra Tech’s work, said Robinson. “All areas” at the shipyard where Tetra Tech did work will be re-tested, beginning as early as this summer… Problems with Tetra Tech’s data first surfaced in 2011 and 2012, when contractors and workers at the shipyard stepped forward with allegations of fraud…”

Jan 26, 2018 https://sf.curbed.com/2018/1/26/16916742/hunters-point-shipyard-toxic-cleanup Almost half of toxic cleanup at Hunters Point Shipyard is questionable or faked, according to initial review City’s goals for housing, affordable housing in doubt after fraud at city’s biggest redevelopment project “much worse” than thought By Chris Roberts@cbloggy,

[1]     See https://energy.gov/em/articles/doe-awards-new-los-alamos-legacy-cleanup-contract

[2]     See http://tech2.solutions/projects/lanl/

[3]     The dangers of chromium-hexavalent 6 were made famous in the film Erin Brocovitch.

[4]     The Department of Energy’s 2016 Lifecycle Cost Estimate Summary for LANL cleanup is available at http://nukewatch.org/importantdocs/resources/LBC-Summary-Aug-2016.pdf

[5]     Documentation of the plutonium detection 200 feet below the surface of Area G is at http://nukewatch.org/importantdocs/resources/AGCME Plate_B-3_radionuclides_subsurface.pdf

Draft Nuclear Posture Review Degrades National Security

Yesterday evening the Huffington Post posted a leaked draft of the Trump Administration’s Nuclear Posture Review (NPR). This review is the federal government’s highest unclassified nuclear weapons policy document, and the first since the Obama Administration’s April 2010 NPR.

This Review begins with “[m]any hoped conditions had been set for deep reductions in global nuclear arsenals, and, perhaps, for their elimination. These aspirations have not been realized. America’s strategic competitors have not followed our example. The world is more dangerous, not less.” The NPR then points to Russia and China’s ongoing nuclear weapons modernization programs and North Korea’s “nuclear provocations.” It concludes, “We must look reality in the eye and see the world as it is, not as we wish it be.”

If the United States government were to really “look reality in the eye and see the world as it is”, it would recognize that it is failing miserably to lead the world toward the abolition of the only class of weapons that is a true existential threat to our country. As an obvious historic matter, the U.S. is the first and only country to use nuclear weapons. Since WWII the U.S. has threatened to use nuclear weapons in the Korean and Viet Nam wars, and on many other occasions.

Further, it is hypocritical to point to Russia and China’s “modernization” programs as if they are taking place in a vacuum. The U.S. has been upgrading its nuclear arsenal all along. In the last few years our country has embarked on a $1.7 trillion modernization program to completely rebuild its nuclear weapons production complex and all three legs of its nuclear triad.

Moreover, Russia and China’s modernization programs are driven in large part by their perceived need to preserve strategic stability and deterrence by having the ability to overwhelm the U.S.’ growing ballistic missile defenses. Ronald Reagan’s pursuit of “Star Wars” (fed by the Lawrence Livermore National Laboratory’s false promises of success) blocked a nuclear weapons abolition agreement in 1988 with the soon-to-collapse Soviet Union. In 2002 George W. Bush unilaterally withdrew the U.S. from the Anti-Ballistic Missile Treaty, which has been a source of constant friction with the Russian government ever since.

More recently, at Israel’s request, the U.S. blocked the 2015 NonProliferation Treaty (NPT) Review Conference at the United Nations from agreeing to an international conference on a nuclear weapons free zone in the Middle East (Israel, an undeclared nuclear weapons power, has never signed the NPT). As an overarching matter, the U.S. and other nuclear-armed NPT signatories have never honored the Treaty’s Article VI mandate “to pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament…”, in effect since 1970. As a consequence, last year more than 120 countries at the UN passed a nuclear weapons ban treaty which the U.S. vehemently denounced, despite the fact that there have long been ban treaties on chemical and biological weapons which the U.S. has not only supported but also sought to enforce.[1]

With respect to North Korea’s nuclear provocations, that repressive regime is clearly seeking deterrence against the U.S. (North Korea’s infrastructure was nearly completely destroyed during the Korean War, and it witnessed the destruction of the Iraqi regime that did not have nuclear weapons). The bombastic statements of “fire and fury” and who has the bigger “nuclear button” from two unpredictable heads of state (Trump and Kim Jong Un) have put the entire world on edge, given the highest chance of nuclear war since the mid-1980’s.

Finally, the Nuclear Posture Review purports to be all about “deterrence” against hostile threats. However, the U.S’ true nuclear posture has never been just deterrence, but rather the ability to wage nuclear war, including possible preemptive first strikes. This is the reason why the U.S. (and Russia) keep thousands of nuclear weapons instead of the few hundred needed for just deterrence.[2] And keeping and improving the ability to wage a nuclear war is the underlying reason for the $1.7 trillion “modernization” program that is giving nuclear weapons new military capabilities, instead of prudently maintaining a few hundred existing nuclear weapons.

In addition to fully preserving and improving the enormous land, sea and air-based Triad, the new NPR calls for:

1)   Near-term development of a low-yield nuclear warhead for existing Trident missiles launched from new strategic submarines.

2)   New sub-launched nuclear-armed cruise missiles.

3)   Keeping the 1.2 megaton B83-1 nuclear gravity bomb “until a suitable replacement is identified.”

4)   “Provid[ing] the enduring capability and capacity to produce plutonium pits at a rate of no fewer than 80 pits per year by 2030.”

5) “Advancing the W78 warhead replacement to FY19… and investigating the feasibility of fielding the nuclear explosives package in a Navy flight vehicle.”

Obvious problems are:

1)         An adversary won’t know whether a Trident sub-launched nuclear warhead is a new low-yield or an existing high-yield warhead. In any event, any belief in a “limited’ nuclear war is a fallacy that shouldn’t be tested – – once the nuclear threshold is crossed at any level, it is crossed, and lower-yield nuclear weapons are all the more dangerous for being potentially more usable.

2)         Sub-launched nuclear-armed cruise missiles are inherently destabilizing as the proverbial “bolt out of the blue,” and can be the perfect weapon for a nuclear first-strike. Moreover, this is redundant to nuclear-armed cruise missiles that are already being developed for heavy bombers.

3)         The National Nuclear Security Administration largely justified the ongoing program to create the B61-12 (the world’s first “smart” nuclear gravity bomb) by being a replacement for the 1.2 megaton B83-1 bomb. Does this indicate doubts in the ~$13 billion B61-12 program? And will it lead to a bump up in the number of nuclear weapons in the U.S.’ arsenal?

4)         To date, the talk has been up to 80 pits per year, not “no fewer than.” Also, the 2015 Defense Authorization Act required that the capability to produce up to 80 pits per year be demonstrated by 2027. The NPR’s later date of 2030 could be indicative of longstanding plutonium pit production problems at the Los Alamos National Laboratory. That delay and hints of higher than 80 pits per year could also point to the pit production mission being relocated to the Savannah River Site, which is under active consideration. In any event, future plutonium pit production pit production is not needed for the existing nuclear weapons stockpile, but is instead for future new-design nuclear weapons.

5)         “W78 warhead replacement… in a Navy flight vehicle” is code for so-called Interoperable Warheads, whose planned three versions together could cost around $50 billion. These are arguably huge make work projects for the nuclear weapons labs (particularly Livermore), which ironically the Navy doesn’t even want.[3] It is also the driving reason for unnecessary future production of more than 80 pits per year.

Jay Coghlan of Nuclear Watch commented,

“This Nuclear Posture Review does not even begin to meet our long-term need to eliminate the one class of weapons of mass destruction that can truly destroy our country. It will instead set back nonproliferation and arms control efforts across the globe, and further hollow out our country by diverting yet more huge sums of money to the usual fat defense contractors at the expense of public education, environmental protection, natural disaster recovery, etc. Under the Trump Administration, expect medicare and social security to be attacked to help pay for a false sense of military security, and this Nuclear Posture Review is part and parcel of that.”

# #

[1]     Since then the U.S. has reportedly used strong arm tactics to discourage individual countries from ratifying the nuclear weapons ban treaty. See http://www.businessinsider.com/mattis-threatened-sweden-over-a-nuclear-weapons-ban-treaty-2017-9

[2]     This was explicitly stated in a Department of Defense follow-on to the 2010 Nuclear Posture Review (NPR). It states: “The new guidance requires the United States to maintain significant counterforce capabilities against potential adversaries. The new guidance does not rely on a “counter-value’ or “minimum deterrence” strategy.”

Report on Nuclear Implementation Strategy of the United States Specified in Section 491 of 10. U.S.C., Department of Defense, June 2013, page 4 (quotation marks in the original), http://www.globalsecurity.org/wmd/library/policy/dod/us-nuclear-employment-strategy.pdf

[3]     See https://www.nukewatch.org/importantdocs/resources/Navy-Memo-W87W88.pdf

New Mexico Environment Department Surrendered to DOE Extortion


  The New Mexico State Auditor Office recently questioned whether two settlements between the New Mexico Environment Department and the Department of Energy were in the best interests of New Mexico. That Office noted:

The [New Mexico Environment] Department unnecessarily forgave tens of millions of dollars in civil penalties related to various waste management issues and missed cleanup deadlines by the Department of Energy (DOE) and its contractors… [C]onsidering the seriousness of the violations, and the clarity regarding responsibility for the violations, it appears highly unusual that the Department would not collect any civil penalties under these circumstances. [1]

The settlements were over contractor violations at the Waste Isolation Pilot Plant (WIPP) and Los Alamos National Laboratory (LANL) that resulted in a ruptured waste drum that contaminated 22 workers and closed WIPP for nearly three years, costing the American taxpayer at least $1.5 billion to reopen. NMED claimed it had to agree to “supplemental environmental projects” instead of financial penalties because otherwise DOE would have taken the penalty money out of cleanup funding. [2]

Unfortunately, the $74 million NMED agreed to in supplemental environmental projects were for items that the DOE is already obliged to do. For example, $46 million was dedicated to repaving roads at or near WIPP and LANL that DOE uses to ship radioactive wastes, and another $10 million was earmarked for LANL’s own potable water supply.[3]

In contrast, NMED completed an assessment of $54 million in penalties that would have gone to New Mexico, but did not enforce them before making the settlements with DOE. This was at a time when the state was beginning to face a serious budget crisis. As State Senator John Arthur Smith (Chair of the Senate Finance Committee) put it, NMED’s failure to levy penalties when New Mexico was facing a budget crisis is “taking it out of the pockets of our kids and young people when they do something like that.” [4]

Jay Coghlan, Director of Nuclear Watch New Mexico, commented, “This is inexcusable that NMED preemptively surrendered to Department of Energy extortion. In effect DOE is saying if you, the regulator, fine us, we will cut the money the taxpayer has paid to clean up our mess that threatens the citizens you are suppose to protect.”

NMED’s position that it had to agree to DOE’s extortion is not borne out by the facts. For example, there is a clause in the current LANL management contract that specifically holds the contractor accountable for “Fines and penalties imposed by any other regulatory agency, if it is the result of Contractor or subcontractor misconduct.” [5] Moreover, DOE cleanup projects are funded by specific congressional budget line items. It is highly unlikely that DOE could legally reprogram money from them to pay penalties without congressional approval.

In addition to the WIPP settlements, the State Auditor Office also noted:

The 2016 settlement agreement between DOE and the Department regarding longstanding contamination at LANL also raises concerns. While DOE and its contractor incurred millions of dollars in potential civil penalties related to missed cleanup deadlines, in revising the 2005 Compliance Consent Order, the Department also completely forgave the collection of these penalties while also loosening the compliance deadline framework.

Before Gov. Susanna Martinez took office New Mexico had an enforceable Consent Order with a detailed cleanup compliance schedule that implicitly forced DOE to get additional LANL cleanup funding or face financial penalties for missed deadlines. But under Gov. Martinez and at the Lab’s request, former NMED Secretary Ryan Flynn and Kathryn Roberts (then-Director of NMED’s Resource Protection Division) granted more than 150 time extensions for cleanup milestones, and then turned around and claimed that the Order was not working. In June 2016 NMED signed a revised Consent Order full of loopholes that allows the Lab to potentially get out of cleanup by claiming that it is too difficult or costly.

With the revised Consent Order in hand, the DOE Los Alamos Environmental Management Office then followed with a baseline cost projection of up to $3.8 billion to clean up LANL, which is woefully low, while nevertheless delaying cleanup completion out to 2040. DOE also claimed that only 5,000 cubic meters of wastes need to be cleaned up, willfully ignoring the estimated ~200,000 cubic meters they plan to “cap and cover” and leave buried as a permanent nuclear waste dump. In alignment with this, the DOE just awarded a 10-year LANL cleanup contract to Newport News Nuclear BWXT, LLC, at a rate of $140 million per year, again woefully low.

Flynn subsequently left NMED through the proverbial revolving door to become executive director of the New Mexico Oil and Gas Association, whose main mission is to lobby against environmental regulations. Roberts left NMED to work for Longenecker and Associates, a DOE contractor that is named as an “interested party” in bidding for the prime LANL management contract. At Longenecker, Roberts joined Christine Gelles, who, as the former head of DOE environmental management programs at LANL, initiated negotiations with NMED and Roberts over the revised Consent Order.

Nuclear Watch has sued DOE over missed compliance deadlines in the 2005 Consent Order, in which New Mexico could potentially collect ~$100 million in penalties. Despite that, the Environment Department intervened against the enviromentalists in that lawsuit.

Jay Coghlan of Nuclear Watch added, “We look forward to a New Mexico Environment Department under the next governor that quits coddling the nuclear weapons industry and aggressively protects the environment through enforceable cleanup deadlines and penalties. That would be a real win-win for northern New Mexicans, permanently protecting our precious water resources while creating hundreds of high-paying jobs.”

# # #

Additional Background:

Nuclear Watch New Mexico’s September 21, 2016 Second Amended Complaint in its lawsuit over missed cleanup milestones in the 2005 Consent Order is available at https://nukewatch.org/importantdocs/cleanup_lawsuit/Second-Amended-Complaint-as-filed-9-21-16.pdf

For a detailed critique of the revised Consent Order by Nuclear Watch please see https://www.nukewatch.org/watchblog/?p=2492

Endnotes:

[1] The New Mexico State Auditor’s November 21, 2017 letter to Mr. Butch Tongate, the current NMED Secretary, is available at https://www.nukewatch.org/importantdocs/resources/NMED_ACO_SA_lttr_11-21-17.pdf

[2] NMED’s claim that it had to agree to supplemental environmental projects and not penalties is from State auditors challenge WIPP leak settlement, Rebecca Moss, Nov 30, 2017, http://www.santafenewmexican.com/news/local_news/state-auditors-challenge-wipp-leak-settlement/article_8e0a3329-e38d-5680-a228-a6be7f2ea451.html

[3] See https://energy.gov/articles/us-department-energy-and-new-mexico-finalize-74m-settlement-agreements-nuclear-waste

[4] Sen. John Arthur Smith’s quote is also from Rebecca Moss’ article State auditors challenge WIPP leak settlement

[5] See LANS Prime Contract Sections B – H, p. 20, http://www.lanl.gov/about/_assets/docs/conformed-prime-contract.pdf

Some notes on the Congressional Budget Office study on nuclear weapons modernization costs

CBO quotes in italics.

First, some policy matters not addressed in the CBO study.

Driving the astronomical expense of modernization that the CBO reports on is the fact that instead of maintaining just the few hundred warheads needed for the publicly claimed policy of “deterrence,” thousands of warheads are being refurbished and improved to fight a potential nuclear war. This is the little known but explicit policy of the U.S. government. As a top-level 2013 Defense Department policy document put it, “The new guidance [in Obama’s 2010 Nuclear Posture Review] requires the United States to maintain significant counterforce capabilities against potential adversaries. The new guidance does not rely on a “counter-value’ or “minimum deterrence” strategy.” [1]

A new Nuclear Posture Review under President Trump is currently scheduled for release in Spring 2018. Among other things, it is expected to overturn the 2010 Nuclear Posture Review’s prohibition against new-design nuclear weapons, possibly promoting more usable “mini-nukes”, and to shorten the lead-time necessary to resume full-scale nuclear weapons testing. Any changes implemented by Trump’s Nuclear Posture Review may well add to the CBO’s new cost estimate.

Nuclear weapons “modernization” is a Trojan horse for the indefinite preservation and improvement of the US nuclear weapons arsenal, contrary to the 1970 Nuclear NonProliferation Treaty and the nuclear weapons ban treaty passed this last June by 122 nations at the United Nations (for which the International Campaign to Abolish Nuclear Weapons was awarded the Nobel Peace Prize). Contrary to those treaties, all eight existing nuclear weapons powers are now modernizing their nuclear stockpiles, while the newest ninth power North Korea is engaged in heated, bellicose rhetoric with President Trump. But clearly the astronomical expense of US nuclear weapons modernization is not needed to deal with North Korea.

Ironically, “modernization” may actually undermine national security because the nuclear weapons labs (Los Alamos, Livermore and Sandia) are pushing radically new weapons designs that can’t be full-scale tested, or, alternatively, if they were to be tested would have severe international proliferation consequences. See House Armed Services Committee Chairman Max Thornberry’s recent remarks that perhaps the US needs to return to testing at

http://www.knoxnews.com/story/news/2017/10/09/national-defense-nuclear-security-tennessee-oak-ridge-national-lab/740612001/

The most prudent way to maintain stockpile safety and reliability would be to hew to the extensively tested pedigree of the existing stockpile while performing rigorous surveillance and well proven methods of maintenance, including the routine exchange of limited life components. As a 1993 Stockpile Life Study by the Sandia Labs concluded:

It is clear that, although nuclear weapons age, they do not wear out; they last as long as the nuclear weapons community (DOE and DOD) desires. In fact, we can find no example of a nuclear weapons retirement where age was ever a major factor in the retirement decision. (https://www.nukewatch.org/facts/nwd/Sandia_93_StockpileLife.pdf, parentheses in the original.)

While the 1993 Sandia Stockpile Life Study is obviously dated, it is still relevant because no new-design nuclear weapons have been manufactured since then (which may soon change). Further, the findings of that study have since been bolstered by subsequent expert independent studies (see, for example, https://www.nukewatch.org/facts/nwd/JASON_ReportPuAging.pdf and https://fas.org/irp/agency/dod/jason/lep.pdf).

CBO Costs

P.1 The Congressional Budget Office estimates that the most recent detailed plans for nuclear forces, which were incorporated in the Obama Administration’s 2017 budget request, would cost $1.2 trillion in 2017 dollars over the 2017–2046 period: more than $800 billion to operate and sustain (that is, incrementally upgrade) nuclear forces and about $400 billion to modernize them.

That planned nuclear modernization would boost the total costs of nuclear forces over 30 years by roughly 50 percent over what they would be to only operate and sustain fielded forces, CBO estimates. During the peak years of modernization, annual costs of nuclear forces would be roughly double the current amount. That increase would occur at a time when total defense spending may be constrained by long-term fiscal pressures, and nuclear forces would have to compete with other defense priorities for funding.

P. 2: Overall, CBO estimates that planned modernization would cost $399 billion through 2046…

P.3 : The rising costs of modernization would drive the total annual costs of nuclear forces, including operation and sustainment, from $29 billion in 2017 to about $50 billion through the early 2030s, CBO estimates. As most modernization programs reach completion, costs would gradually fall to around $30 billion a year in the 2040s.

First, these costs are not necessary, as implied in the policy section above, when well-known methods would prudently and faithfully maintain the stockpile. Moreover, these expenditures that the taxpayer is being compelled to bear could actually degrade national security. To further put the cost of “modernization” into perspective, the Congressional Research Service has estimated the total post-9.11 costs of the “Global War on Terrorism” at $1 trillion and all of World War II at $4 trillion. See https://fas.org/sgp/crs/natsec/RS22926.pdf

It is also roughly the same amount that the Trump Administration is beginning to push for in questionable missile defense technologies and tax cuts for the already rich, adding to uncertainties how the average American taxpayer can afford nuclear weapons “modernization”.

P. 20: Nuclear Weapons Laboratories and the Production Complex.

DOE operates a complex of design laboratories and production facilities that provide the engineering and scientific capabilities required to sustain the stockpile of nuclear weapons. Those capabilities include the following:

  • Facilities to produce and process the nuclear materials and other specialized components used in nuclear weapons and weapons research;
  • Basic scientific research and high-speed computer simulations to improve understanding of the dynamics of nuclear explosions and the aging of weapons;
  • Research to develop and certify the processes used in maintaining nuclear weapons; and
  • The infrastructure required to support those efforts.

In CBO’s estimation, the costs to DOE of those efforts would be $261 billion over the 2017–2046 period, or an average of about $9 billion per year, under the 2017 plan. Those costs do not include sustainment and LEP activities specific to particular weapon types; in CBO’s accounting, those costs have been included with the costs of their associated delivery systems. Projected costs also exclude DOE’s other nuclear-related activities, like nonproliferation efforts and environmental cleanup.

Unfortunately the CBO report gives little further detail on DOE costs. But do note that nonproliferation and cleanup programs will likely remain flat or be cut in order to help pay for “modernization”, and the pressure to do so will likely increase every year the deeper we get into modernization.

With respect to its reported DOE costs, CBO is essentially tracking the National Nuclear Security Administration’s (NNSA’s) annual budget category “Total Weapons Activities” minus the Life Extension Programs (LEPs). Total Weapons Activities had a FY 2018 Congressional Budget Request (CBR) of $10.2 billion. Of that, LEPs) were $1.74 billion, a $441.56 increase above FY 2017 (see FY 2018 NNSA budget request, p. 64.), and which will likely increase yet more.

To project future labs’ and production complex budgets, we can take the CBO’s $9 billion annually and add annual Life Extension Programs costs of around $2 billion for a total cost of $11 billion. Thus the labs and production plants are obviously going to see budget increases for some period of time.

This won’t however necessarily translate into a lot of new jobs at the New Mexico labs, which is often promoted by the New Mexico congressional delegation. For more on this please see https://nukewatch.org/facts/nwd/Expanded-Pit-Production-lack-of-positive-impact-9-15-17.pdf

Of particular note is that the NNSA’s own environmental impact statement (EIS) for the Chemistry and Metallurgy Research Replacement Project-Nuclear Facility said that despite its $6.5 billion cost it would not produce a single new Lab job because it would merely relocate existing jobs. Nuclear Watch argues that comprehensive cleanup would be the real job producer at LANL.

P. 12: At DOE, persistent managerial problems, particularly with security and with the execution of construction projects, have led to a debate about management structure for the weapons laboratories. Resolving those issues is likely to add to the costs of nuclear weapons.

Transformation of the Existing Stockpile

DoD and DOE are seeking to transform the existing nuclear weapons stockpile through its speculative “3+2” plan. “2” is for the air leg, with B61-12s and Long-Range Stand-Off (LRSO) warheads on new bombers. “3” is for the Interoperable Warheads for land and sub-launched ballistic missiles.

P. 2: Overall, CBO estimates that planned modernization would cost $399 billion through  2046 and include these programs:….

P. 3: A new air-launched nuclear cruise missile, the Long-Range Standoff (LRSO) weapon;

The LRSO is controversial and a number of Democrat senators are on record opposing it (especially Dianne Feinstein), in large part because it is viewed as a destabilizing nuclear weapon (the proverbial “bolt out of the blue”). Ex-DoD Secretary Bill Perry speaks very eloquently against it.

P.3: A life-extension program (LEP) for the B61 nuclear bomb that would combine several different varieties of that bomb into a single type, the B61-12; A LEP for the B61-12 bomb when it reaches the end of its service life, referred to as the Next B61.

My point here is that a perpetual cycle of exorbitant Life Extension Programs (LEPs) is being planned that goes beyond the CBO report’s end date of 2046. Moreover, the B61-12, melded from one strategic and 3 tactical variants, arguably has new military capabilities since its new tail kit gives it “smart” bomb capabilities.

P. 3: A series of LEPs that would produce three interoperable warheads (called IW-1 through IW-3), each of which would be compatible with both ICBMs and SLBMs. Comment below.

The lethality of the US nuclear weapons stockpile is already being tripled through a new “superfuze” for the sub-launched W76, the most prevalent warhead in the stockpile. See https://thebulletin.org/how-us-nuclear-force-modernization-undermining-strategic-stability-burst-height-compensating-super10578 This could have serious geopolitically destabilizing consequences. This superfuze or similar ones may be used in other Life Extension Programs (LEPs), creating yet more new military capabilities.

The Interoperable Warheads

P. 31: The three IWs (Interoperable Warheads), designated IW-1 through IW-3, are slated to enter development in 2022, 2026, and 2033, respectively. Collectively, the three IWs would replace a total of four types of warheads—two for ICBMs (the W78 and W87) and two for SLBMs (the W76 and W88).

  • Three speculative IW’s to replace just four warheads? That’s a lot of expense. The FY 17 Stockpile Stewardship and Management Plan shows estimated costs of ~$14 billion each (or ~$42 billion total), which is likely low.
  • We argue that the W78 should have a “simple” less expensive and less technically risky Life Extension Program instead of the IW (which reportedly elements within the Air Force are receptive to). The W87 has already gone through a Life Extension Program. It was initially downloaded from decommissioned MX Peacekeeper missiles, but about 200 W87 warheads have been reloaded onto Minuteman III missiles, leaving some 250 spares. The W76 is now half-way through a LEP, with arguably new military capabilities (see below). The W88 is about to go through a major “alteration.”
  • So why are Interoperable Warheads needed? One likely reason is that the IWs are primarily being pushed by the Livermore Lab as a means for it to stay relevant in the nuclear weapons game. The Los Alamos National Laboratory (LANL), which has been dominated by Livermore leadership for the last decade, will produce new plutonium pits for the IWs.
  • The US Navy is on record as not wanting the IW-1. See the 2012 Navy memo leaked to us at https://www.nukewatch.org/importantdocs/resources/Navy-Memo-W87W88.pdf More recently, Navy Strategic Missile Boss: Interoperable Warhead Not Yet Required http://seapowermagazine.org/stories/20170525-IW.html
  • The Navy will be even less inclined to want the IW-1 because there is a major $3 billion “alteration” scheduled for the W88 warhead which will “refresh” its conventional explosives and give it a new arming, fuzing and firing set that may give it new military capabilities.

Expanded plutonium pit production at LANL

Expanded plutonium pit production is not necessary. See our extended argument at https://nukewatch.org/facts/nwd/PitProductionFactSheet.pdf

But simply put, the clearest evidence that none is needed is that no pit production is scheduled for existing nuclear weapons. The 29 stockpile plutonium pits for the W88 sub-launched warhead that LANL finished in 2011 was to catch up on the production run that was abruptly stopped at the Rocky Flats Plant by a 1989 FBI raid investigating environmental crimes. No production of any type of pit for the existing stockpile has been scheduled since then.

Future expanded plutonium pit production is for the Interoperable Warhead (IW). The link between the Interoperable Warhead and expanded plutonium pit production is demonstrated at:

An NNSA official also stated that the IW-1 LEP budget estimates in the 2016 budget materials are predicated on NNSA successfully modernizing its plutonium pit production capacity. The official stated that if there are delays in the current plutonium infrastructure strategy, the IW-1 LEP will bear costs that are greater than currently estimated to produce the number of additional plutonium pits it needs to support the program. Modernizing The Nuclear Security Enterprise, Government Accountability Office, March 2016, p. 29, http://www.gao.gov/assets/680/675622.pdf

The Interoperable Warhead will use a W87-like pit.

Don COOK (then-NNSA Dep. Administrator for Defense Programs): We’re going through a down selection right now involving NNSA, DOD, StratCom, Joint Staff, Navy and Air Force. And we are looking particularly at the W-87 pit because it’s a pit that’s already based on IHE (insensitive high explosives)… we’ve begun the engineering and development of that kind of a pit at PF-4, at Los Alamos, and work is progressing very well. http://secure.afa.org/HBS/transcripts/2013/May 7 – Dr. Cook.pdf

LANL Director McMillan: “Also during the past year, we successfully completed production of three W87 development pits.” Congressional testimony, https://www.armed-services.senate.gov/imo/media/doc/McMillan_04-09-14.pdf

NNSA FY 2018 Congressional Budget Request, p. 57: Increases are also included for Plutonium Sustainment to fabricate four to five development (DEV) W87 pits…

Ibid., p. 72: Plutonium Sustainment – Fabricate four to five development (DEV) W87 pits.

New pits for the Interoperable Warhead will not be exact replicas, and therefore could degrade national security because they cannot be full-scale tested, or perhaps worse push the US back into testing. This is indicated in # 4 below:

Plutonium Sustainment includes the following:

(1) Plutonium pit process engineering, process qualification, pit manufacturing, pit manufacturing equipment and personnel, pit fabrication tooling design and manufacturing, and non-nuclear pit component manufacturing.

(2) Design laboratory and production plant activities for plutonium stockpile product development.

(3) Engineering and physics-based evaluation and testing of development pits necessary for war reserve production.

(4) Fabrication of design definition development pits that explore new design features. NNSA FY 2018 Congressional Budget Request, P. 107

Two recent related Nuclear Watch press releases

Quote: Jay Coghlan, NukeWatch Director, commented, “The American public is being sold a bill of goods in so-called nuclear weapons modernization, which will fleece the taxpayer, enrich the usual giant defense contractors, and ultimately degrade national security. Inevitably this won’t be the last major price increase, when the taxpayer’s money could be better invested in universal health care, natural disaster recovery, and cleanup of Cold War legacy wastes. Nuclear weapons programs should be cut while relying on proven methods to maintain our stockpile as we work toward a future world free of nuclear weapons. That is what would bring us real security.”

Quote: Councilwoman Renee Villarreal, who led the effort, commented:

As emphasized through this resolution, prioritizing cleanup and safety will have a direct impact on the City of Santa Fe and northern NM communities by doing right for past and historic legacy contamination, as well as recent nuclear criticality safety incidents at LANL. Regional economic development would be stimulated through comprehensive cleanup of the Lab. That would be a real win-win for northern New Mexicans, permanently protecting the environment and our water resources while providing hundreds of high paying jobs.

[1] The quote on top-level counterforce nuclear weapons doctrine is from Report on Nuclear Implementation Strategy of the United States Specified in Section 491 of 10. U.S.C., Department of Defense, June 2013, page 4 (quotation marks in the original) http://www.globalsecurity.org/wmd/library/policy/dod/us-nuclear-employment-strategy.pdf

Santa Fe City Council: LANL Cleanup Order Must Be Strengthened & Expanded Plutonium Pit Production Suspended Until Safety Issues Are Resolved

Santa Fe, NM – On October 25 the Santa Fe City Council passed the following:

A RESOLUTION REQUESTING THAT THE NEW MEXICO ENVIRONMENT DEPARTMENT STRENGTHEN THE REVISED LOS ALAMOS NATIONAL LABS CLEANUP ORDER TO CALL FOR ADDITIONAL CHARACTERIZATION OF LEGACY NUCLEAR WASTES, INCREASED CLEANUP FUNDING, AND SIGNIFICANT ADDITIONAL SAFETY TRAINING; AND SUSPEND ANY PLANNED EXPANDED PLUTONIUM PIT PRODUCTION UNTIL SAFETY ISSUES ARE RESOLVED…

The Resolution was co-sponsored by Santa Fe City Councilors Carmichael Dominguez, Michael Harris, Signe Lindell, Joseph Maestas and Renee Villarreal, and unanimously adopted by all eight City Councilors. Mayor Javier Gonzales was not present.

Councilwoman Villarreal, who led the effort, commented:

As emphasized through this resolution, prioritizing cleanup and safety will have a direct impact on the City of Santa Fe and northern NM communities by doing right for past and historic legacy contamination, as well as recent nuclear criticality safety incidents at LANL. Regional economic development would be stimulated through comprehensive cleanup of the Lab. That would be a real win-win for northern New Mexicans, permanently protecting the environment and our water resources while providing hundreds of high paying jobs.

The passage of this Resolution is significant for northern New Mexico for many critical reasons.

The Santa Fe City Council is the first local government to take a position on the revised 2016 Consent Order governing cleanup at LANL. In Nuclear Watch’s view, the revised Consent Order was a giveaway by the New Mexico Environment Department (NMED) to LANL, contrary to the original 2005 Consent Order, because:

  • Ex-NMED Secretary Ryan Flynn, before becoming chief lobbyist for the New Mexico Oil and Gas Association, granted more than 150 extensions to the 2005 Consent Order at LANL’s request, and then claimed the Order wasn’t working
  • NMED’s chief negotiator for the revised 2016 Consent Order passed through the revolving door to work for a Department of Energy contractor that is now an “interested party” in bidding for the LANL management contract;
  • NMED forgave more than $300 million in potential fines under the 2005 Consent Order, at a time when the State of New Mexico was facing a $600 million budget deficit; and
  • The revised 2016 Consent Order lacks enforceability and allows LANL to get out of cleanup by claiming that it’s too difficult and/or costly.

For documentation, see https://nukewatch.org/pressreleases/NMED-PR-1-16-17.pdf , https://nukewatch.org/pressreleases/2016-Lifecycle-Baseline-Cost-estimate-PR.pdf and https://www.nukewatch.org/pressreleases/NWNM_Consent_Order_PR-6-28-16.pdf

The Santa Fe City Council is also the first local government to take a position that planned expanded plutonium pit production should be suspended until all safety issues are resolved, as certified by the Defense Nuclear Facilities Safety Board. This follows a number of nuclear criticality safety incidents at the Lab, as outlined in the Resolution.

Ironically, future expanded plutonium pit production is being driven by the nuclear weapons labs for a so-called “Interoperable Warhead” that the US Navy doesn’t want. (See a leaked Navy memo at https://www.nukewatch.org/importantdocs/resources/Navy-Memo-W87W88.pdf and Navy Strategic Missile Boss: Interoperable Warhead Not Yet Required http://seapowermagazine.org/stories/20170525-IW.html)

Moreover, it was recently revealed that the Trump-appointed chairman of the Defense Nuclear Facilities Safety Board was secretly arguing for downsizing or abolishing it. Both New Mexico Senators Udall and Heinrich have rallied against that, even introducing an amendment to the FY 2018 Defense Authorization Act protecting the Safety Board. This Santa Fe City Resolution lends additional local support to the Safety Board.

The City of Santa Fe is a member of the Regional Coalition of LANL Communities, which is comprised of nine cities, counties and pueblos surrounding the Los Alamos Lab. The Coalition is overwhelmingly funded by Los Alamos County and the Department of Energy, and Santa Fe Mayor Javier Gonzales is its chairman. The Regional Coalition has yet to take a position calling for enhanced nuclear safety before plutonium pit production is expanded, or against the revised 2016 Consent Order that undermines potential job creation through weak enforcement of cleanup.

Other local governments may pass resolutions similar to that just passed by the City of Santa Fe. Perhaps this could persuade the Regional Coalition to actively advocate for enhanced nuclear safety before plutonium pit production is expanded, and genuine, comprehensive cleanup that could truly drive regional economic development.

# # #

The Santa Fe City Resolution is available at https://nukewatch.org/importantdocs/resources/2017-76-LANL-Cleanup.pdf

 

ICAN wins Nobel Peace Prize, NM politicians and Archbishop should support nuclear weapons abolition

International Campaign to Abolish Nuclear Weapons Wins Nobel Peace Prize

NukeWatch Calls on New Mexico Politicians and Santa Fe Archbishop To Support Drive Towards Abolition

Nuclear Watch New Mexico strongly applauds the awarding of the Nobel Peace Prize to the International Campaign to Abolish Nuclear Weapons (as disclosure, NukeWatch is one of ICAN’s ~400 member groups around the world). This award is especially apt because the peoples of the world are now living at the highest risk for nuclear war since the middle 1980’s (with the possible exception of a regional nuclear war between India and Pakistan). During President Reagan’s military buildup the Soviet Union became convinced that the United States might launch a pre-emptive nuclear first strike. Today, we not only have Trump’s threats to “totally destroy” North Korea and Kim Jong-un’s counter threats, but also renewed Russian fears of a US preemptive nuclear attack.

NukeWatch also applauds the shrewdness of the Nobel Prize Committee in making this Peace prize award to the International Campaign to Abolish Nuclear Weapons, in distinct contrast to its award to President Obama early in his first term. Ironically, Obama went on to launch a one trillion dollar-plus rebuilding of the US nuclear weapons stockpile, its delivery systems and production complex, which Trump now seeks to accelerate.

Generally unknown to the American taxpayer, our government has quietly tripled the lethality of the US nuclear weapons stockpile though increased accuracy (including more precise heights of burst). The American taxpayer has been constantly told that the purpose of the US nuclear weapons stockpile is for deterring others. However, only a few hundred nuclear weapons are necessary for just deterrence. Instead, the official (but not well publicized) policy declared by the Department of Defense following a 2010 “Nuclear Posture Review” is:

The new guidance requires the United States to maintain significant counterforce capabilities against potential adversaries. The new guidance does not rely on a “counter-value’ or “minimum deterrence” strategy. *

In other words, the US keeps thousands of nuclear weapons in order to fight a nuclear war, which even President Reagan admitted cannot be “won.” Nevertheless, the Trump Administration is now conducting a new Nuclear Posture Review, which is expected to endorse new lower yield, more “usable” nuclear weapons and a new nuclear-armed cruise missile well suited to be the proverbial “bolt out of the blue.”

In 1970 the original five nuclear weapons powers (the US, USSR (now Russia), UK, France and China) pledged in the NonProliferation Treaty (NPT) to enter into serious negotiations leading to global nuclear disarmament, in exchange for which all other countries agreed to not acquire nuclear weapons (the exceptions were Israel, India, and Pakistan, and later North Korea which withdrew). Out of frustration with the lack of progress under the NPT, this last July 7 at the United Nations 122 countries passed a Treaty on the Prohibition of Nuclear Weapons which bans nuclear weapons development, production, possession, use, threat of use, and deployment of any country’s nuclear weapons in another country. The Nobel Peace Prize was awarded to ICAN for being the lead nongovernmental organization sheparding the Treaty, which the United States and other nuclear weapons have adamantly opposed.

As past Nobel Peace Prize winner Martin Luther King put it, “the arc of history bends towards justice.” Given the nuclear weapons powers refusal to enter into negotiations leading to nuclear disarmament, the NonProliferation Treaty has always been unjust in that it instituted global nuclear “apartheid” between the haves and have nots. Nuclear Watch calls on New Mexican politicians to get on the right side of history and end their unquestioning support for expanded nuclear weapons programs in our state.

Forty per cent of all National Nuclear Security Administration funding for nuclear weapons research and production programs is spent in New Mexico alone (around $4 billion annually). Despite that, our state remains mired in poverty and at the bottom of socioeconomic metrics (except for Los Alamos County, which is the second richest county in the USA, next to some of the poorest communities in the country).

Given that New Mexico has the second highest unemployment rate, our congressional delegation should push for cleanup that can create far more jobs than nuclear weapons programs. At the Los Alamos Lab nuclear weapons programs largely center around expanded plutonium pit production, which has endemic nuclear safety problems and is for a new nuclear weapons design that the Navy doesn’t want anyway. Our senators are particularly key, as Tom Udall sits on the very budget committee that former Sen. Pete Domenici used to funnel money to the Los Alamos and Sandia Labs, and Martin Heinrich sits on the Armed Services Committee.

In addition, Nuclear Watch calls on Santa Fe Catholic Archbishop John Wester, whose diocese includes the Los Alamos and Sandia Labs, to become more vocal in following the lead of the Vatican against nuclear weapons. The Holy See was instrumental to the passage of the nuclear weapons ban treaty, and is hosting a global nuclear disarmament conference November 10-11 in Rome as a direct follow-on. It is our hope that Archbishop Wester goes to that conference.

Jay Coghlan, Nuclear Watch New Mexico Director, commented, “The fact that we live in a world with unpredictable national leaders that could start a nuclear war at any time should not be used as an excuse against the nuclear weapons ban treaty. Instead, that is exactly why we must have a nuclear weapons ban treaty, just like we already have for chemical and biological weapons. Nuclear weapons abolition will be long and hard in coming, but just like the abolition of slavery, it will come. New Mexicans have a special responsibility to help win this historic struggle. So let’s roll up our sleeves and get the job done, in large part by pressuring our politicians and religious leaders for a future world free of nuclear weapons.”

# # #

* Report on Nuclear Implementation Strategy of the United States Specified in Section 491 of 10. U.S.C., Department of Defense, June 2013,  page 4 (quotation marks in the original), http://www.globalsecurity.org/wmd/library/policy/dod/us-nuclear-employment-strategy.pdf

For past Soviet Union fears of a nuclear first strike by the US, see for example https://www.cia.gov/library/center-for-the-study-of-intelligence/csi-publications/books-and-monographs/a-cold-war-conundrum/source.htm

For the increased lethality of the US nuclear weapons stockpile, giving it unparalleled first strike capabilities, see http://thebulletin.org/how-us-nuclear-force-modernization-undermining-strategic-stability-burst-height-compensating-super10578

For information on the November 10-11, 2017 Vatican disarmament conference see https://www.catholicnewsagency.com/news/vatican-conference-aims-to-build-momentum-for-nuclear-disarmament-69412

Talking Points: The 2016 LANL Cleanup Consent Order Should Be Rescinded

Why rescind the 2016 Consent Order? 

  • In June 2016 the New Mexico Environment Department (NMED), the Department of Energy (DOE) and Los Alamos National Security, LLC (LANS) signed a revised Consent Order governing cleanup at the Los Alamos National Laboratory (LANL). The new Consent Order is a big step backwards in achieving comprehensive, genuine cleanup at the Lab.
  • NMED should have kept the original, enforceable 2005 Consent Order that it fought so hard for under the Richardson Administration, modified as needed for the cleanup schedule and final compliance date.
  • Under Gov. Martinez, the revised 2016 Consent Order was a giveaway by NMED to DOE and the Lab, surrendering the strong enforceability of the old Consent Order. As documented below, it is clearly the reverse of the 2005 Consent Order, whose underlying goal was to make DOE and LANL get more money from Congress for accelerated cleanup.

The 2016 Consent Order was negotiated to allow DOE’s budget to drive cleanup, not what is needed to permanently protect our water.

  • As late as 1996 LANL was claiming that groundwater contamination from its operations was impossible, even going so far as to request a waiver from NMED from having to monitor for contamination to begin with (which fortunately NMED denied).
  • Since then, extensive groundwater contamination from chromium, perchlorates, high explosives and VOCs has been documented.
  • As a harbinger of more to come, plutonium has been detected up to 240 feet below the surface of Area G, the Lab’s largest waste dump. See https://nukewatch.org/importantdocs/resources/AGCME-Plate_B-3_radionuclides_subsurface.pdf

LANL plans to “cap and cover” some 200,000 cubic meters of toxic and radioactive wastes at Area G, creating a permanent nuclear waste dump in unlined pits and shafts.

  • Despite the threat to precious water resources, the revised 2016 Consent Order allows DOE to determine cleanup priorities based on its anticipated budget, which is the reverse of the original Consent Order.
  • The new Consent Order allows LANL and DOE to get out of future cleanup by simply claiming that it’s too expensive or impractical to clean up. (See CO quotes below.)
  • Shortly after the 2016 Consent Order went into effect, DOE took advantage of it by estimating a lifetime budget that projected a top range of $3.8 billion to clean up the Lab, while delaying completion to 2040. That works out to only around $150 million per year, when NMED is already on record that $250 million per year is needed. DOE is planning “cleanup” on the cheap.
  • Worst of all, DOE claimed that only 5,000 cubic meters of mixed radioactive wastes need to be cleaned up, willfully ignoring the estimated 200,000 cubic meters in Area G alone. See https://nukewatch.org/importantdocs/resources/LBC-Summary-Aug-2016.pdf, p. 3.

Whose interests were represented in the 2016 Consent Order? Not New Mexico’s!

  • Shortly after the 2016 Consent Order went into effect, NMED Secretary Ryan Flynn displayed his true environmental colors by resigning to become the Executive Director of the New Mexico Oil and Gas Association. The Association’s main purpose is to lobby on behalf of the oil and gas industry against environmental regulations.
  • Before joining NMED, Mr. Flynn worked for a law firm that advertises that “Our representation of oil and gas producers, mid-stream entities, and natural gas pipelines has been a mainstay of Modrall Sperling’s natural resources practice since the early days of the firm.” Modrall Sperling has also defended LANL or LANS (LANL’s managing contractor) against environment regulations and labor complaints.
  • In January 2017 Kathryn Roberts, the head of NMED’s Resource Protection Division and lead Consent Order negotiator, announced that she was leaving to work as a public communications specialist for Longenecker and Associates, a DOE contractor. Prior to working at NMED, Ms. Roberts worked at LANL for four years as Group Leader for Regulatory Support and Performance.
  • At Longenecker Ms. Roberts joined Christine Gelles, its Corporate Vice President and Chief Strategy Officer. They know each other well, as Ms. Gelles was the former interim manager of the new DOE Environmental Management field office at the Los Alamos Lab. A Longenecker resume´ notes that Gelles “Led planning and initial regulatory interactions with New Mexico Environment Department negotiation of Los Alamos Consent Order.” She also led initial development of the LANL lifetime budget that will cheat New Mexico out of needed increased cleanup funding. See http://longenecker-associates.com/leadership/
  • During the 2016 Consent Order negotiations, Ms. Roberts was one of Gelles’ main counterparts on the other side of the table as head of NMED’s Resource Protection Division. Now Gelles is one of her superiors at Longenecker, when the DOE contractor could possibly bid in the future on LANL cleanup.
  • Section II.A of the 2016 Consent Order allowed the Lab to “settle any outstanding violations of the 2005 Consent Order.” Existing violations were then waived.
  • NMED pre-emptively surrendered its regulatory and enforcement powers, when the state of New Mexico really needed the money!
  • New Mexico could have collected more than $300 million in stipulated penalties had NMED vigorously enforced the 2005 Consent Order. At the time, New Mexico was facing a budget crisis with a projected $600 million deficit. In effect, NMED gave half of that deficit away to a polluting nuclear weapons site that has an annual budget of ~$2.4 billion and rising.

The 2005 Consent Order was all about the enforceable schedules.

  • The 2005 Consent Order required DOE and LANL to investigate, characterize, and clean up hazardous and mixed radioactive contaminants from 70 years of nuclear weapons research and production.
  • It stipulated a detailed compliance schedule that the Lab was required to meet. Ironically, the last milestone, due in December 2015, required a report from LANL on how it successfully cleaned up Area G, its largest waste dump.

Under Gov. Martinez, NMED extensions eviscerated the 2005 Consent Order.

  • When NMED Secretary Ryan Flynn announced a draft new Consent Order on March 30, 2016, he publicly claimed that the 2005 Consent Order was not working, hence the need for a new one to replace it.
  • Nuclear Watch agrees that the 2005 Consent Order wasn’t working, but that’s because Flynn granted more than 150 compliance milestone extensions at the Lab’s request, effectively eviscerating it. The 2005 Consent Order was working quite well until Gov. Martinez took office.

Some specific provisions in the 2016 Consent Order that put DOE in the drivers seat.

  • “The Parties agree that DOE’s project’s plans and tools will be used to identify proposed milestones and targets.” See https://www.env.nm.gov/wp-content/uploads/2015/12/LANL_Consent_Order_FINAL.pdf, p. 28.
  • “DOE shall define the use of screening levels and cleanup levels at a site…” Ibid, p. 32.
  • “DOE shall update the milestones and targets in Appendix B on an annual basis, accounting for such factors as… changes in anticipated funding levels.” Ibid, p. 29.
  • “… [DOE and NMED] shall meet to discuss the appropriation and any necessary revision to the forecast, e.g. DOE did not receive adequate appropriations from Congress…” Ibid, p. 30.
  • “If attainment of established cleanup objectives is demonstrated to be technically infeasible, DOE may perform risk-based alternative cleanup objectives…” Ibid, p. 34. DOE can opt out because of “impracticability” or cost of cleanup. Ibid, p. 35.
  • Altogether, these put the Department of Energy in the driver’s seat, not the New Mexico Environment Department, and create giant loopholes that threaten comprehensive cleanup at LANL. The 2016 Consent Order and therefore cleanup at LANL will be held hostage to DOE funding, when the Department’s own track record makes clear that its priority is expanded nuclear weapons production paid for in part by cutting cleanup and nonproliferation programs.

All future cleanup does not have cradle to grave enforceable deadlines.

  • Under the 2016 Consent Order, all anticipated cleanup projects do not have scheduled, enforceable cleanup deadlines from the beginning to the end of the project. This will encourage a lack of accountability in LANL cleanup programs that are already slow, incomplete, and wasteful of taxpayers’ dollars.
  • The 2016 Consent Order eliminates all the final deadlines for completing cleanup under the 2005 Consent Order, and replaces them with an open-ended and vague scheduling process, with highly limited enforcement opportunities.
  • The 2005 Consent Order (Section XII) established dozens of detailed deadlines for the completion of corrective action tasks, including completion of investigations at individual sites, installation of groundwater monitoring wells, submittal of groundwater monitoring reports, evaluation of remedial alternatives for individual sites, and completion of final remedies. These deadlines were truly enforceable under Section III.G.
  • The 2016 Consent Order abandons the 2005 Consent Order provisions and replaces them with a so-called “Campaign Approach” under Section VIII. Under Section VIII.A.3, it would be up to the DOE, not the regulator (i.e., NMED) to select the timing and scope of each “campaign.”
  • “Campaigns” have enforceable cleanup deadlines for only the work scheduled for the current year, when cleanup takes many years. These campaigns are to be negotiated each year between NMED and DOE with no public participation and opportunity to comment on the schedule. To add insult to injury, the annual schedule is determined by funding at DOE’s discretion, rather than the schedule driving the funding, which was the fundamental driver of the 2005 Consent Order.
  • All cleanup projects should have mandatory completion dates scheduled from the beginning, and must be fully enforceable. The 2016 Consent Order miserably fails that test.

The opportunity for a public hearing was not provided.

  • Any extension of a final compliance date (which was December 6, 2015) under the 2005 Consent Order should have been implemented only after the opportunity for public comment and a public hearing, including formal testimony and cross-examination of witnesses.
  • The Environment Department was legally required to follow these public participation requirements that were explicitly incorporated into the 2005 Consent Order, but did not.

Public participation provisions in the 2005 Consent Order were not incorporated into the 2016 Consent Order.

  • The 2016 Consent Order explicitly limits public participation requirements that were incorporated into the 2005 Consent Order.
  • All notices, milestones, targets, annual negotiations, and modifications should have had public review and comment and the opportunity for a public hearing, but did not.

Comprehensive cleanup at LANL would be a win-win for northern New Mexicans, permanently protecting the environment while providing hundreds of high paying jobs.

  • When DOE wants to do something, it lowballs the cost. When DOE doesn’t want to do something, it highballs the cost. LANL has estimated that comprehensive cleanup of Area G would cost $29 billion. Using actual costs of cleaning up smaller dumps, Nuclear Watch has extrapolated that cleanup of Area G would cost $7 to 8 billion. See https://www.nukewatch.org/facts/nwd/Area_G_Comparison_Costs-11-14-12.pdf
  • But of that $29 billion, DOE estimated that labor costs would be $13 billion. Applying that 45% proportion to Nuclear Watch’s estimate, that would be around $3.5 billion in jobs, jobs that northern New Mexico sorely needs.
  • In contrast, the government’s own environmental impact statement for a $6.5 billion nuclear weapons facility for expanded plutonium pit production stated that it would not produce a single new lab job, because it would merely relocate existing lab jobs.
  • Comprehensive cleanup at LANL would be a real job producer!

Expanded Plutonium Pit Production at LANL Will Not Result in Significant Positive Effect On Job Creation and the Regional Economy

Abstract: Expanded production of plutonium pits, the fissile cores of modern thermonuclear weapons, is cynically being justified as a source of job creation. Precise data on employment in plutonium pit production at the Los Alamos National Laboratory (LANL) and the number of additional jobs if expanded is not publicly available to our knowledge. However, the National Nuclear Security Administration’s own documents quoted below explicitly state that expanded pit production would not have any significant positive effect on job creation and the regional economy of northern New Mexico. Further, Nuclear Watch argues that expanded plutonium pit production could actually have negative effect if expanded pit production blocks other economic alternatives such as comprehensive cleanup, which could be the real job producer. Moreover, given LANL’s poor safety and environmental record, expanded plutonium pit production could have a seriously negative economic effect on northern New Mexico in the event of any major accidents or additional contamination.

Final Supplemental Environmental Impact Statement for the Nuclear Facility Portion of the Chemistry and Metallurgy Research Building Replacement Project at Los Alamos National Laboratory, Los Alamos, New Mexico

https://energy.gov/nepa/eis-0350-s1-supplemental-environmental-impact-statement-nuclear-facility-portion-chemistry-and

Bolded emphasis added

Note: The CMRR-Nuclear Facility was the up to $6.5 billion dollar plutonium facility NNSA proposed to build at LANL in direct support of expanded plutonium pit production. The Obama Administration cancelled it in 2012 after costs rose so high. Nevertheless, the 2011 CMRR-Nuclear Facility supplemental environmental impact statement remains the most relevant source of publically available socioeconomic information concerning expanded plutonium pit production that we know of.

Volume 1, p. 2-43, Socioeconomics

Under the Modified CMRR-NF Alternative, an increase in construction-related jobs and businesses in the region surrounding LANL is also expected. Construction employment would be needed over the course of a 9-year construction period under either the Deep or Shallow Excavation Option. Construction employment under either option is projected to peak at about 790 workers, which is expected to generate about 450 indirect jobs in the region. Operation of the Modified CMRR-NF and RLUOB would involve about 550 workers at LANL, with additional workers using the facility on a part-time basis. The personnel working in the Modified CMRR-NF and RLUOB, when fully operational, would relocate from other buildings at LANL, including the existing CMR Building, so an increase in the overall number of workers at LANL is not expected.

Note: The first phase of the Chemistry and Metallurgy Research Replacement Project, the Radiological Laboratory Utility and Office Building (RLUOB), is already built. It is now being retrofitted to handle up to 400 grams of plutonium-239 equivalent instead of the original 8.4 grams. This will greatly increase its special nuclear materials analytical chemistry and materials characterization capabilities in direct support of expanded plutonium pit production.

Under the Continued Use of CMR Building Alternative, about 210 employees would continue to work in the CMR Building until safety concerns force additional reductions in facility operations. In addition, about 140 employees would be employed at RLUOB. A total of about 350 personnel would have their offices relocated to RLUOB. The personnel working in the CMR Building and RLUOB, when fully operational, would not result in an increase in the overall number of workers at LANL.

Pg. 4-12

4.2.9 Socioeconomics

Construction Impacts—Construction of new buildings at TA-55 to house CMR activities would require a peak construction employment level of 300 workers. This level of employment would generate about 852 indirect jobs in the region around LANL. The potential total employment increase of 1,152 direct and indirect jobs represents an approximate 1.3 percent increase in the workforce and would occur over the proposed construction period. This small increase would have little or no noticeable impact on the socioeconomic conditions of the region of influence (ROI).

 Operations Impacts—CMRR Facility operations would require a workforce of approximately 550 workers. As evaluated in the CMRR EIS, this would be an increase of about 340 workers over currently restricted CMR Building operational requirements. Nevertheless, the increase in the number of workers in support of expanded CMRR Facility operations would have little or no noticeable impact on socioeconomic conditions in the LANL ROI (region of influence). New LANL employees hired to support the CMRR Facility would compose a small fraction of the LANL workforce and an even smaller fraction of the regional workforce.

4.3.9 Socioeconomics

Construction Impacts – Deep Excavation Option—Construction of the Modified CMRR-NF under the Deep Excavation Option would require a peak construction employment level of about 790 workers (LANL 2011a:Data Call Tables, 002). This level of employment would generate about 450 indirect jobs in the region around LANL. The potential total peak employment of 1,240 direct and indirect jobs represents an increase in the ROI workforce of approximately 0.8 percent. Direct construction employment would average 420 workers annually over this time, approximately half of the estimated peak employment. The average direct construction employment would result in about 240 indirect jobs in the region around LANL. This total of 660 direct and indirect jobs represents an approximate 0.4 percent increase in the ROI workforce. These small increases would have little or no noticeable impact on the socioeconomic conditions of the ROI.

Pg. 4-54

Chapter 4 – Environmental Consequences

Construction Impacts – Shallow Excavation Option—The impacts under the Shallow Excavation Option from construction of the Modified CMRR-NF would be similar to the Deep Excavation Option. The peak employment number of about 790 construction workers would be the same as under the Deep Excavation Option, and the annual average would be 410 workers over the life of the project. The average direct construction employment would result in about 240 indirect jobs in the region around LANL. This total of 650 direct and indirect jobs represents an approximate 0.4 percent increase in the ROI workforce. Therefore, there would be little or no noticeable impact on the socioeconomic conditions of the ROI.

Operations Impacts—Operations at the Modified CMRR-NF and RLUOB would require a workforce of approximately 550 workers, including workers that would come from other locations at LANL to use the Modified CMRR-NF laboratory capabilities. The number of workers in support of Modified CMRR-NF operations would cause no change to socioeconomic conditions in the LANL four-county ROI (region of influence). Workers assigned to the Modified CMRR-NF and RLUOB would be drawn from existing LANL facilities, including the CMR Building. The number of LANL employees supporting the Modified CMRR-NF and RLUOB operations would represent only a small fraction of the LANL workforce (approximately 13,500 in 2010) and an even smaller fraction of the regional workforce (approximately 165,000 in 2010).

Volume 2, p. 2-13: As discussed in this CMRR-NF SEIS, operation of the new CMRR-NF, if built, is not expected to result in any increase in LANL employment. The people expected to work in the new facility would be transferred from other facilities at LANL where CMR-related activities are currently being accomplished (such as the CMR Building).

– End of NNSA quotes –

Note: The CMRR-Nuclear Facility was expected to cost up to $6.5 billion. It’s pathetic that the largest construction project ever in New Mexico (with the exception of the interstate highways) was going to create no new Lab jobs.

 Comprehensive cleanup at LANL would be a win-win for northern New Mexicans, permanently protecting the environment while providing hundreds of high paying jobs.

  • When DOE wants to do something, it lowballs the cost. When DOE doesn’t want to do something, it highballs the cost. LANL has estimated that comprehensive cleanup of Area G would cost $29 billion. Using actual costs of cleaning up smaller dumps, Nuclear Watch has extrapolated that cleanup of Area G would cost $7 to 8 billion. See https://www.nukewatch.org/facts/nwd/Area_G_Comparison_Costs-11-14-12.pdf
  • But of that $29 billion, DOE estimated that labor costs would be $13 billion. Applying that 45% proportion to Nuclear Watch’s estimate, that would be around $3.5 billion in jobs, jobs that northern New Mexico sorely needs.
  • Comprehensive cleanup could be the real job producer. It has the additional advantage of being more conducive to regional economic development in that more locally based contractors could possibly do the cleanup work, instead nuclear weapons work such as expanded plutonium pit production conducted by huge out-of-state defense contractors such as Bechtel and Lockheed Martin.

Defense Nuclear Facilities Safety Board to advocate for nuclear weaponeers?

From our colleague Don Hancock at the Southwest Research and Information Center:

Two members (Roberson and Santos) of the Defense Nuclear Facilities Safety Board (DNFSB) have gone public over an internal dispute about a Memorandum of Agreement between DNFSB and the National Nuclear Security Administration (NNSA) in which DNFSB staff would be detailed to NNSA so that, among other things, they would be “advocating for and defending NNSA’s FY 2018 budget request.” The internal memo is posted at: https://www.dnfsb.gov/sites/default/files/document/12526/Memo%20from%20Roberson%20and%20Santos%2C%20Objection%20to%20Memorandum%20of%20Agreement%20with%20DOE.NNSA%20.pdf

The memo is dated last Friday (August 11) and the detail would start August 21. Not a good sign that DNFSB is, in part, going from overseeing DOE weapons sites to advocating for NNSA’s budget. – End –

Our comment:

“Nuclear Watch New Mexico strongly objects to this attempt by the National Nuclear Security Administration to compromise the Safety Board. DNFSB has played a vital role in protecting the public from dangerous nuclear weapons activities that have been riddled with safety lapses, incompetence, cost overruns and mismanagement. The Safety Board is commissioned by Congress, not NNSA, and we fully expect the New Mexican congressional delegation to protect the Safety Board’s independence and objectivity.”

NMED claims revised Consent Order is a stronger enforcement tool. Not so!

Rebecca Moss at the New Mexican has another hard charging article on safety lapses at the Los Alamos Lab.  See “Lab might have known dangerous waste was unmarked” at www.santafenewmexican.com/news/local_news/lab-might-have-known-dangerous-waste-was-unmarked/article_19d37b31-219a-5620-954c-a62fa9620d2a.html

If the New Mexico Environment Department is claiming, as this article reports, that its revised Consent Order governing cleanup at the Los Alamos National Laboratory (LANL) is a stronger enforcement tool than the original 2005 Consent Order, then it is being highly disingenuous (to put it politely).

Interested citizens should judge for themselves. The 2016 revised Consent Order is available at http://www.lanl.gov/environment/protection/compliance/order-on-consent.php

The revised Consent Order was a giveaway by NMED to the Department of Energy and the Lab, surrendering the strong enforceability of the old Consent Order. It is clearly the opposite of the old Consent Order, whose underlying intent was to make DOE and LANL get more money from Congress for accelerated cleanup.

The new Consent Order allows LANL and DOE to get out of future cleanup by simply claiming that it’s too expensive or impractical to clean up. Not long after the revised Consent Order went into effect, DOE took advantage by estimating a lifetime budget that projected a top range of $3.8 billion to clean up the Lab by 2040. That works out to only around $150 million per year, when NMED is already on record that $250 million per year is needed. Most egregious of all, DOE claimed that only 5,000 cubic meters of wastes needed to be cleaned up, purposively misleading the public and politicians by willfully ignoring the ~200,000 cubic meters of radioactive and toxic wastes known to be buried in LANL’s biggest dump alone.

Some of the highlights (or perhaps better put as lowlights) of the revised Consent Order are:

  • “The Parties agree that DOE’s project’s plans and tools will be used to identify proposed milestones and targets.” P. 28. “DOE shall define the use of screening levels and cleanup levels at a site…” P. 32. This puts the Department of Energy in the driver’s seat, not the New Mexico Environment Department
  • “DOE shall update the milestones and targets in Appendix B on an annual basis, accounting for such factors as… changes in anticipated funding levels.” P. 29. Therefore the new Consent Order is held hostage to DOE’s budget.“… [DOE and NMED] shall meet to discuss the appropriation and any necessary revision to the forecast, e.g. DOE did not receive adequate appropriations from Congress…” P. 30. Again, the new Consent Order and therefore cleanup at LANL will be held hostage to DOE funding, when DOE’s own track record makes clear that its priority is expanded nuclear weapons production paid for in part by cutting cleanup and nonproliferation programs.
  • “If attainment of established cleanup objectives is demonstrated to be technically infeasible, DOE may perform risk-based alternative cleanup objectives…” P. 34. DOE can opt out because of “impracticability” or cost of cleanup. P. 35. This creates giant loopholes that threaten comprehensive cleanup at LANL.

Given all this, how can NMED claim with a straight face that the 2016 revised Consent Order is a stronger enforcement tool? This is just more of the Martinez administration coddling the nuclear weapons industry in New Mexico. Indeed, NMED had the gall to give LANL more than 150 extensions to the original Consent Order, and then turned around and claimed the Consent Order was not working and replaced it with a toothless tiger. Furthermore, and this is telling, the main Consent Order negotiator for NMED left shortly after it was signed to go work for a DOE contractor!

New Mexicans should demand comprehensive, enforceable cleanup at the Lab, which would be a real win-win, permanently protecting our precious water resources while providing hundreds of high paying jobs.

 

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