Governor Udall?

Governor Udall?

Michael Coleman had an interesting article for the Albuquerque Journal – Does New Mexico’s future lie in D.C.?

Coleman relates a conversation with NM Senator Tom Udall that made it clear the Senator isn’t ruling a gubernatorial run out.

It’s not surprising to think that Udall – who has been in Washington as a congressman and U.S. senator since 1998 – might want to come home to beautiful Santa Fe and take up residence in the governor’s mansion as a coda to his long political career.

Just two years into his second six-year term in the Senate, Udall could run for governor without giving up his Senate seat, which doesn’t expire until 2020. If he won the 2018 governor’s race, he would appoint his Senate replacement. That kind of power is alluring to any politician.

But as Coleman says, “it’s all just a parlor game at this point.”

Despite Uncertainty of When/If WIPP Will Reopen, DOE Hatches Plan to Send More Waste

Despite Uncertainty of When/If WIPP Will Reopen,

DOE Hatches Plan to Send More Waste

In a recent  Albuquerque Journal Editorial Board Editorial: Another WIPP delay spells more tax dollars wasted, we are reminded of the delays affecting the reopening  of the Waste Isolation Pilot Plant (WIPP), which has not been disposing radioactive waste since February 2014 when an improperly packed drum from Los Alamos exploded.

Almost two years later, the WIPP contractor struggles to figure out how to clean and reopen the underground repository. Serious concerns revolve around the ventilation system, which not cannot supply the required amount of air now because it must be operated in filter mode ever since WIPP was contaminated.

As the Journal editorial explains,

So while the delays pile up, so do cleanup and reopening costs, which may exceed $500 million.

With bumbling progress like this, it remains to be seen if WIPP will ever reopen.

Yet surprisingly, DOE just released a plan to send MORE waste to WIPP.

A Federal Register notice announces the DOE selection of a Preferred Alternative to prepare 6 metric tons (MT) of surplus non-pit plutonium for eventual disposal at WIPP.

In the Final Environmental Impact Statement (EIS), issued to the public in May 2015, DOE describes the potential environmental impact from alternatives for safe and timely disposition of 13.1 metric tons (14.4 tons) of surplus plutonium for which a disposition pathway is not yet assigned. When the Final EIS was issued, DOE had no Preferred Alternative for the disposition of the 6 metric tons (6.6 tons) of surplus non-pit plutonium.

The Federal Register Notice for DOE/NNSA’s Preferred Alternative for Disposition of Surplus Non-pit Plutonium for the Final Surplus Plutonium Supplemental EIS is expected to be published in the Federal Register by Thursday, December 24, 2015.  The Final SPD Supplemental EIS and related information, including the Federal Register notice will also be available on the SPD Supplemental EIS website, and the DOE National Environmental Policy Act website.

Since WIPP doesn’t have capacity (even if it re-opens) for this additional waste, putting it into WIPP would, among other things, displace waste from other site(s) – Idaho, Hanford, Los Alamos, or Oak Ridge.

The Record of Decision will not be released for at least 30 days. Comments are not requested, but can be made, regarding the notice.

Our friends at Southwest Research and Information Center will be making additional comments about this proposed expansion of WIPP.

The WIPP contractor has much to do before the repository can safely reopen. The task may be unachievable. But in the meantime, expanding WIPP’s mission can only make reopening WIPP more schedule driven instead of safety driven.

If DOE wants to make useful plans, how about plans for WIPP’s replacement?

Four Strikes and You’re Out

Four Strikes and You’re Out

In stunning news on December 18, Justin Horwath of the SF New Mexican reported that the management and operating contractor of Los Alamos National Laboratory will not have its contract renewed after it ends Sept. 30, 2017. This is stunning because LANS LLC, the M&O contractor, could have potentially run the Lab until for 20 years until 2026, had it not had so many problems.

The annual contract for FY 2016 was over $2.2 billion. This means that Los Alamos National Security (LANS) left upwards of $20 billion (9 years of lost contract) on the table. It’s not often that a company gets the opportunity to make mistakes that costs them $20 billion worth of contracts. 

The management of the Lab was privatized when LANS was awarded the contract in 2005. LANS is a partnership between the University of California, Bechtel Corp., Babcock & Wilcox Co., and AECOM (formerly URS). Before 2005 the University of California exclusively managed LANL as a non-profit. The for-profit experiment for managing the Lab will hopefully be reconsidered. 

As a reminder, Nuclear Watch NM, along with our friends at Tri-Valley CARES, submitted a bid to manage the Lab back in 2005We thought the management should be non-profit and that nuclear weapons research should be phased out.

The overall direction of future missions at the Los Alamos National Laboratory (LANL) – We propose to downgrade the Lab’s nuclear weapons programs and subordinate them under a new Associate Directorship of Nuclear Nonproliferation so that it can be better assured that national and international obligations under the NonProliferation Treaty are met.

LANS lost the M&O contract because they failed to earn the “award term” 4 times. The award term is simply another year added to the contract. Section H-13(f) of the current contract states, ‘If the Contractor fails 4 times to earn award term, the operation of this Award Term clause will cease.” 

LANS lost award term in 2013.

Then, LANS lost award term in 2014 AND had one extra award term that was previously earned taken away because of improperly packing the radioactive waste drum that shut down WIPP.

And LANS lost this award term for 2015. LANL may be negotiating this, but they got a waiver in 2012 that granted them an award term when they didn’t actually earn it. They were told that was their last waiver.

That’s four.

These award terms are based on the Lab’s Performance Evaluation Reports (PERs), which thanks to a successful Freedom of Information Act lawsuit by NukeWatch, are available onlineWe wonder if having these available to the public could have helped the National Nuclear Security Administration (NNSA) in any way to not give the award terms. 

We do thank NNSA and the DOE LA Field Office for sticking to their guns by providing genuine oversight of the Lab this go-around. But the past few years serve as a reminder of the dangerous and difficult side of nuclear weapons work, the continuing health impacts to workers, and the impossibility of isolating the radioactive waste for hundreds of thousands of years. When will the US decide that it’s just not worth it?

The SF New Mexican also tells that NM Congressional delegation has weighed inWe agree with the joint statement issued by U.S. Sens. Tom Udall and Martin Heinrich and U.S. Rep. Ben Ray Luján that, “DOE must hold all of its contractors accountable and be responsible stewards of federal funds.”

But we have some questions about this statement:

“Los Alamos National Laboratory employs some of the best and brightest minds in the country whose contributions are indispensable to our national security. The lab also strengthens our economy by providing quality jobs, and we will always fight to protect its mission. As DOE prepares a new contract proposal, assuring continuity for the employees at LANL and the high-quality scientific, energy, and security contributions they make to our nation will be paramount. We are confident that Los Alamos will continue to have a critical role in national and international security, research and science. We expect to receive further details and regular briefings from NNSA as the process moves forward in the new year.”

The delegation’s joint letter seems to demonstrate how overly concerned they are with LANL’s “mission” of nuclear weapons production and with the institutional benefit of profit-making national security contractors. The Lab’s actual contributions to energy research and basic science are also a small proportion to the taxpayer dollars expended there.

A major rewrite of the Lab’s missions is needed where true national security is not based on nuclear weapons.

LANL contract up for bid after 2017

NukeWatch comment:

As the trillion dollar “modernization” of U.S. nuclear forces moves forward, note how hollow the Department of Energy infrastructure is because of contractor greed, incompetence and waste. While that alone won’t win the day for us, I do expect it to limit the scale and timing of “modernizing” the DOE nuclear weapons complex (“modernization” means the indefinite preservation of the nuclear weapons stockpile and its supporting research and production infrastructure, contrary to official U.S. policy that endorses a future world free of nuclear weapons). This includes Life Extension Programs that give existing nuclear weapons new military capabilities despite denials at the highest levels of the U.S. government, and new production facilities such as the Uranium Processing Facility at the Y-12 Plant near Oak Ridge, TN and plutonium facilities at Los Alamos which face constant cost overruns.

There could also possibly be developments in the first quarter of next year related to its illegal lobbying activities that would shake up Lockheed Martin’s grip on the Sandia Labs (the Sandia contract is also scheduled to be put up for bid). In short, 2016 could be a very fluid and unstable year for the DOE nuclear weapons complex, even as it seeks to put the B61-12 smart nuclear bomb into production and move forward aggressively on a nuclear warhead for a new first-strike air-launched cruise missile.

Jay Coghlan, Executive Director

***********

LANL contract up for bid after 2017

By Mark Oswald / Albuquerque Journal Staff Writer

Friday, December 18th, 2015 at 11:40pm

SANTA FE – The National Nuclear Safety Administration has informed
Congress that the Los Alamos National Laboratory contract will be put
out for competitive bidding sometime after 2017, the Journal has learned.

It would be only the second time the contact has been put out to bid
since the lab was created to develop the atomic bomb during World War II.

LANL’s most recent federal government performance evaluation is better
than last year’s, but not good enough for the lab’s private-sector
operator to earn the award of an extra year on its contract, the lab’s
director informed LANL workers this week.

And continuation of Los Alamos National Security LLC holding the
contract was contingent on it being granted the “award term.”

LANL director Charles McMillan said in his Thursday email to lab
employees that he was “deeply disappointed that we did not meet NNSA’s
expectations in a manner sufficient to net another year of award term”
on the contract that runs through fiscal year 2017.

“Nevertheless, the federal government has offered Los Alamos National
Security, LLC (LANS) an extension to the contract to manage the
Laboratory beyond FY17; I will provide additional details about that at
a later date after there has been more discussion between the federal
government and LANS,” McMillan said in a copy of his message obtained by
the Journal.

An extension as described by McMillan is not the same thing as the
merit-based award of an additional contract year that LANS missed out on
this year. It’s unclear from McMillan’s statement whether the extension
he mentioned is intended as merely a holding pattern but, under its
contract, LANS needed to earn an award year this time around to keep the
contract going.

The contract with LANS provides for vacating the contract, awarded in
2006, if the consortium doesn’t earn a series of one-year term awards.
Last year, the Department of Energy – NNSA’s parent organization –
warned that LANS was under the gun to earn an award term for its work in
fiscal 2015.

“Having failed to earn contract term extensions for fiscal years 2013
and 2014,” and with the revocation of a previous extension, “LANS must
earn (an) award term in every future performance period to keep the
contract in force beyond fiscal year 2017,” said a statement provided by
the DOE last December.

On Friday, an NNSA spokeswoman said, “We do not comment on ongoing
assessments.”

Contract over $2 billion

LANS – a consortium that includes the Bechtel corporation, the
University of California, Babcock and Wilcox, and URS Energy and
Construction – won the LANL contract in 2006. The contract now amounts
to about $2.2 billion a year, plus a fee based on performance.

The University of California, on its own, had previously held the Los
Alamos contract since the lab’s beginnings developing the atomic bomb
during World War II. The contract was put out for competition about a
decade ago after a series of security and property management problems
at the lab.

Last year, LANS also didn’t earn an “award term” and even lost a year it
had previously been granted as NNSA hit the lab hard for failures that
led to a radioactive leak at the nation’s nuclear waste repository near
Carlsbad from a drum packaged at Los Alamos. The Waste Isolation Pilot
Plant has been shut down since the leak in February 2014.

The federal government cut the performance-based management fee for LANS
by nearly 90 percent, down to $6.25 million, for fiscal 2014. That
compared with $59 million-plus paid to the LANS consortium the previous
two years. No information on the 2015 fee award has been released.

McMillan’s Thursday message to employees said that, in order to earn an
award year, the lab had to score better than “satisfactory”in all of
six evaluation categories. “We did not accomplish this,” McMillan said,
despite getting high scores in four of the six areas.

NNSA rated LANS only satisfactory for operations and infrastructure, the
same category in which the lab got a crucial “unsatisfactory” grade last
year. LANS this year was rated “very good” in two categories – its
missions to manage nuclear weapons and reduce global nuclear security
threats – and excellent in two others, missions for science technology
and engineering, and for a “DOE and Strategic Partnership Project.” The
NNSA rated LANS’s leadership as “good.”

Despite his disappointment over failing to net an award term, McMillan
wrote, “I am pleased to note that our federal partners once again
acknowledged our strong performance in the areas of mission and science.
We continue to provide strong value to the national security missions
and Los Alamos continues to be regarded highly for the quality of its
science.

‘Shortcomings’ noted

“Our federal partners made it clear that shortcomings in our work
planning and work controls related to safety events, project
performance, cybersecurity, the earned value management system (EVMS)
and continued weaknesses in criticality safety all weighed heavily in
the evaluation of our performance. These are areas we must – and will –
improve going forward,” said McMillan.

He also wrote, “I remain committed to the long-term sustainability of
the Laboratory and to each of you. I am scheduling an all-employee
meeting shortly after the New Year to hear and address your thoughts,
concerns, and questions. Los Alamos will continue to have a valued role
in protecting the nation and the world. It is incumbent upon us during
the remainder of the contract period to deliver mission success through
operational effectiveness and scientific excellence.”

Jay Coghlan of the Nuclear Watch New Mexico watchdog group said the
situation as described by McMillan, with LANS getting an extension
despite failing to earn an award term, was “deja vu all over again,”
similar to a later-rescinded waiver that granted LANS an award year for
fiscal 2012, although it hadn’t met all the performance criteria. “It
seems awfully premature for director McMillan to indicate there’s going
to be a contract extension before it’s actually finalized by the U.S.
government,” Coghlan said. “He’s putting the cart before the horse,
maybe putting on a happy face for his employees before they leave for
Christmas.”

http://www.santafenewmexican.com/news/local_news/feds-won-t-renew-contract-for-private-lanl-operator/article_fa11e970-8bc2-530a-8d22-6e50626e6dcd.html

Feds won’t renew contract for private LANL operator

Posted: Friday, December 18, 2015 9:30 pm | Updated: 10:24 pm, Fri Dec 18, 2015.
By Justin Horwath

The New Mexican | 0 comments

The private consortium that runs Los Alamos National Laboratory will not have its contract renewed after it ends Sept. 30, 2017, The New Mexican has learned. The consortium is currently in negotiations with the federal government that could extend the $2.2 billion annual contract beyond 2017, even as the contract is put back up for bid, according to a person familiar with the discussions.

The decision not to renew the contract follows a blistering series of federal investigations and performance evaluations involving the lab’s safety record after a drum from the lab burst and leaked radiation at the Waste Isolation Pilot Plant in February 2014 near Carlsbad, shutting down the nation’s only underground nuclear repository indefinitely.

The Department of Energy notified staffers with the New Mexico congressional delegation about the decision to put the contract up for bid on Friday, according to the person, who spoke on condition of anonymity because he was not authorized to discuss the matter. Members of the delegation were not available for comment Friday evening.

Lab officials did not immediately return calls seeking comment Friday evening.

The lab has been run since 2006 by Los Alamos National Security, which took over operations after years of accounting scandals, security lapses and other management issues. The company is made up of a partnership between the University of California, Bechtel Corp., Babcock & Wilcox Co., URS Corp. and AECOM.

But the consortium repeatedly has run into its own problems over the past several years. In 2013, the National Nuclear Safety Administration, the arm of the Department of Energy that oversees the lab’s contract, denied LANS a one-year extension of its contract to operate the lab because it fell short of its goals for repairing and reopening some weapons facilities. Still, the NNSA awarded LANS about $52 million in performance fees, or 87 percent of the full amount possible in 2013.

Then, last December, the NNSA issued a stinging performance evaluation in the wake of the WIPP leak. In that evaluation, the lab received grades of “unsatisfactory” in key areas that cost the consortium a year on its contract and about $57 million in incentives.

The lab has received the results of its latest performance evaluation for 2015, according to an internal memo obtained byThe New Mexican. The results, though better, were not good enough to earn a “unilateral” addition of another year in what is known in the contract as an “award term.”

“While I am deeply disappointed that we did not meet NNSA’s expectations in a manner sufficient to net another year of award term, I am extremely proud of our accomplishments,” lab Director Charles F. McMillan wrote in the Thursday, Dec. 17, memo to lab employees.

In the memo, McMillan focuses on the positives and does not mention that the contract will be up for renewal, but the language underscores the gravity of the situation.

“Understandably, this news is sure to generate questions for each of you,” McMillan wrote. “Nevertheless, I once again express my deeply held belief that the Laboratory’s greatest asset continues to be its people.”
A few paragraphs later, he writes, “I am scheduling an all-employee meeting shortly after the New Year to hear and address your thoughts, concerns, and questions.”

The new evaluation is not expected to be released publicly for a few weeks. But the memo purports to show substantially better results than in 2014. The memo says the lab received high scores in four of six categories, including management of the nuclear weapons mission and its mission of reducing global nuclear security threats. But it received only a “satisfactory” in the category of “operations and infrastructure.”

The lab needed to receive better than “satisfactory” in all six categories to qualify for an additional year in its contract.
“We did not accomplish this,” McMillan wrote. He added, however, that the NNSA has offered the consortium an extension. “I will provide additional details about that at a later date after there has been more discussion between the federal government and LANS,” he wrote.

“Our federal partners,” he added, “made it clear that shortcomings in our work planning and work controls related to safety events, project performance, cybersecurity, the earned value management system (EVMS), and continued weaknesses in criticality safety all weighed heavily in the evaluation of our performance,” McMillan wrote. “These are areas we must — and will — improve going forward.”

Justin Horwath can be reached at 986-3017 [email protected].

SF New Mexican – LANL misses cleanup deadline set in 2005 for largest waste site

There are a couple of minor inaccuracies in this story, for instance – “which blazed through waste dump site “Area R.” Nor sure what this refers to.
And – “ the lab has missed several milestones, including a June 2014 deadline to remove above-ground radioactive waste — delayed due to last February’s leak at WIPP.” Technically, removing the TRU is not part of the Consent Order.
~S

http://www.santafenewmexican.com/news/local_news/lanl-misses-cleanup-deadline-set-in-for-largest-waste-site/article_188344ac-0fb9-50a6-9ec1-fa2979a0d9b2.html

LANL misses cleanup deadline set in 2005 for largest waste site

Posted: Monday, December 7, 2015 6:45 pm | Updated: 10:41 pm, Mon Dec 7, 2015.
By Rebecca Moss
The New Mexican

A significant deadline to remove all major waste from a key Los Alamos National Laboratory site by Dec. 6 went unmet this weekend.

The deadline Sunday was set in 2005 as part of an agreement between the lab, the state Environment Department and the U.S. Department of Energy. However, officials have said the initial guidelines for cleaning up waste from decades of nuclear weapons production are no longer realistic within the time frame, following the burst of a LANL drum at a waste repository in Southern New Mexico in 2014. That caused a radiation leak that shut down a significant portion of the repository.

The shutdown of the Waste Isolation Pilot Plant near Carlsbad has pushed back the completion of the cleanup project — estimated to cost more than $1 billion.

A revised cleanup agreement is anticipated for 2016, although a release date has not been scheduled.

Allison Majure, a spokeswoman for the New Mexico Environment Department, said despite delays, the intent of the consent order for the LANL cleanup has not changed. “Just because the milestone passed does not mean the consent order is not in effect,” she said Monday.

She said public opinion has been solicited on the revised order.
Representatives for Los Alamos National Laboratory said they were unable to provide comment on the status of the order Monday.

Sunday’s deadline focused on “Area G,” LANL’s largest waste deposit site. A local watchdog group, Nuclear Watch New Mexico, said comprehensive cleanup for the site “is still decades away.”

In a statement released Monday, Nuclear Watch stressed the need for public participation in the revised cleanup order, including a public hearing, and condemned a plan proposed by LANL to “cap and cover” waste in Area G.

“Cleanup just keeps being delayed. If not corrected, cleanup simply won’t happen,” said Jay Coghlan, executive director of Nuclear Watch.

“Nobody ever thought cleanup would be fully completed by the end of 2015; nobody is under any illusions about that,” he added.

The 2005 consent order came in response to a lawsuit between the Energy Department and the state Environment Department following several events that triggered federal pressure, including the Cerro Grande Fire in Los Alamos in 2000, which blazed through waste dump site “Area R.” Officials at the time feared the fire could spark an explosion.

Since the consent order was issued, however, the lab has missed several milestones, including a June 2014 deadline to remove above-ground radioactive waste — delayed due to last February’s leak at WIPP.

During a meeting in November, state Environment Secretary Ryan Flynn said remaining cleanup costs under the 2005 order have been estimated at $1.2 billion by the federal government, but that these projections are too low; he said additional funds would be needed to meet cleanup targets, as well as the reappraisal of “unrealistic” milestones.

Below are the underground units at Area G –

Underground Pits and shafts at Area G
LANL Area G Underground Disposal Pits and Shafts

 

 

 

 

 

 

 

 

 

 

 

 

 

More from the SF New Mexican at:

http://www.santafenewmexican.com/news/local_news/lanl-misses-cleanup-deadline-set-in-for-largest-waste-site/article_188344ac-0fb9-50a6-9ec1-fa2979a0d9b2.html

NukeWatch Calls for Public Seats at the Table in LANL Cleanup Negotiations

For immediate release December 7, 2015

Contacts: Jay Coghlan, jay[at]nukewatch.org

Deadline for Last Cleanup Milestone of LANL Consent Order Passes

NukeWatch Calls for Public Seats at the Table in Negotiations

Santa Fe, NM – Yesterday, December 6, was the deadline for the last compliance milestone in the Consent Order between the New Mexico Environment Department (NMED) and the Department of Energy (DOE) that governs cleanup at the Los Alamos National Laboratory (LANL). Ironically, that last milestone required the submittal of a report by the Lab on how it successfully completed cleanup of Area G, its largest waste dump. Real comprehensive cleanup is decades away at current funding levels. One of the purposes of the 2005 Consent Order was to prod Congress to increase funding for cleanup of 70 years of neglected Cold War contamination at the Lab.

NMED has the final decision on what form cleanup of hazardous wastes takes at LANL. But any revised Consent Order is still off in the future, and the degree of public participation in its formulation yet to be determined by NMED. Meanwhile, LANL plans to “cap and cover” Area G, thereby creating a permanent nuclear waste dump in unlined pits and shafts, with an estimated 200,000 cubic yards of toxic and radioactive wastes buried above the regional groundwater aquifer, 4 miles uphill from the Rio Grande.

Following protracted negotiations and threatened litigation by DOE against NMED, the Environment Department succeeded in getting DOE and the LANL contractor to sign the original Consent Order in March 2005. However, beginning in 2012, NMED signed a “Framework Agreement” with DOE that prioritized the transfer of 3,706 cubic meters of aboveground, monitored “transuranic” (TRU) wastes from nuclear bomb production at Area G to the Waste Isolation Pilot Plant (WIPP) in southern New Mexico.

The stated rationale of this so-called 3706 Campaign was to minimize the risk from wildfire following the 2010 Las Conchas Fire that burned within 3.5 miles of Area G. However, if those TRU wastes were really at risk from wildfire, they would have burned during the 2000 Cerro Grande Fire that came within a half-mile of Area G. The Framework Agreement allowed LANL to discontinue most legacy cleanup to concentrate on TRU shipments that should have already been completed.

Moreover, the 3706 Campaign itself ended in disaster in February 2014 when an improperly treated radioactive waste drum from LANL ruptured at WIPP, contaminating 21 workers and indefinitely closing down that multi-billion dollar facility. Dealing with the 59 similarly treated “suspect” drums still at LANL will use a substantial amount of scarce cleanup funding for at least the next two years. Combined with the need to address a large chromium groundwater plume discovered after the original Consent Order went into effect, cleanup of buried mixed radioactive wastes will remain on the back burner, if ever addressed.

Further, since 2011 LANL has requested and NMED perfunctorily granted more than 150 milestone extensions, thus effectively eviscerating the Consent Order without public comment and consent. Which brings us to today, after the last compliance milestone deadline has expired, with little cleanup actually accomplished since 2012. A new schedule of cleanup is on hold until a revised Consent Order is negotiated.

Previously NMED Secretary Ryan Flynn has said that a draft revised Consent Order would be released for a 60-day public comment period before the end of 2015. But as of mid-November negotiations had not started. More recently Secretary Flynn has said that a draft renewed Consent Order would be released only after the schedule of payments is finalized for a $73 million settlement over WIPP violations. WhileNuclear Watch New Mexico appreciates NMED’s firmness on the WIPP settlements, we would like to see the same amount of zeal applied to enforcing cleanup at LANL through the Consent Order.

NukeWatch strongly believes that much more vigorous public participation steps, including the opportunity for a public hearing, are legally required by the existing Consent Order. Specifically, the March 2005 Consent Order incorporated the full public participation requirements applicable to hazardous waste permits. Federal environmental regulations, which are incorporated into New Mexico state regulations, establish the public participation procedures for various types of permit modifications, including extending final compliance dates. These are deeper levels of public participation than the 60-day public comment period that NMED is currently contemplating. In our view, a 60-day public comment period on a draft Consent Order is tantamount to commenting on a done deal already negotiated between DOE and NMED.

Scott Kovac, Research and Operations Director for Nuclear Watch New Mexico, stated, “The requirements are clear for deep and meaningful public participation in LANL cleanup decisions, including the opportunity for the interested public to have a seat at the negotiating table and the possibility for a public hearing. NMED must make Cold War legacy cleanup a priority at LANL and should start by prioritizing full public participation while negotiating the revised Consent Order.”

Jay Coghlan, NukeWatch Executive Director, added, “Ultimately this is all about the future of cleanup at LANL, which is receiving less federal funding while the nuclear weapons programs that created the mess to begin with are getting more money. We want nothing short of comprehensive cleanup at the Los Alamos Lab. That would be a real win-win for New Mexicans, permanently protecting our water and the environment while creating hundreds of high-paying jobs.

# # #

Read much more background.

Nuclear Watch’s letter to Secretary Flynn – on Consent Order public participation requirements.

The existing Consent Order governing cleanup at LANL 

 

Area G at LANL

Important Public Meeting On the Future of Cleanup At Los Alamos – Join Us on November 12

Important Public Meeting On the Future of Cleanup At Los Alamos – Join Us on November 12

The future of hundreds of thousands of cubic meters of radioactive and hazardous wastes is being evaluated now. Will Northern New Mexico be turned into a permanent nuclear waste dump?

The New Mexico Environment Department (NMED) and Los Alamos National Laboratory (LANL) have been revising the 2005 Consent Order (CO), which is the agreement between the State and the Feds for fence-to-fence cleanup of legacy Cold War wastes. The work in the CO, was supposed to be completed by December 2015. It was designed as a plan-to-make-a-plan with investigations of contaminated sites followed by cleanup decisions and remediation. Milestones and penalties were included to keep funding and cleanup on track.

What have LANL and NMED come up with to replace the 2005 Consent Order? Looks like we’ll have to wait until Thursday November 12th to find out. NMED and LANL have announced a public meeting to explain their ideas for the revised CO. There is an opportunity for public comments at the special meeting and we need you there. But it is unclear what NMED will do with any comments made. The public has been left out so far. Nuclear Watch New Mexico is pressing for meaningful responses to all comments and for actual inclusion of the public’s wishes into the revised CO.

In particular NukeWatch will be pushing for concrete milestones that are set from the beginning for all actions, for penalties when deadlines are not met, and for a new final end date. The revised Consent Order cannot be open-ended.

Northern New Mexico has been waiting long enough for cleanup at Los Alamos. Much of the waste buried in unlined dumps perched above our aquifer has been slowly releasing into the ground and heading towards our aquifer since the 1950s and 1960s. The Cold War ended in the early 1990s. Enough is enough.

We hope to see you at the meeting on November 12.

Northern New Mexico Citizens’ Advisory Board Meeting

Revised NMED/ LANL Consent Order Special Meeting

Thursday, November 12, 2015

1:00 p.m. to 4:30 p.m.

Cities of Gold Conference Center

10-A Cities of Gold Road

Pojoaque, New Mexico 87506

 

DRAFT AGENDA

1:00 p.m. Call to Order – Lee Bishop, DDFO

Welcome and Introductions  – Doug Sayre, Chair

Approval of Agenda

Opening Remarks

1:15 p.m. New Mexico Environment Department Perspective on Revised Consent Order – Secretary Flynn

1:30 p.m. Department of Energy Perspective on Revised Consent Order – Doug Hintze

1:45 p.m. History of Work Already Completed – Doug Hintze

2:00 p.m. Campaign Approach – Doug Hintze

2:30 p.m. Break

2:45 p.m. Campaign Approach (continued) – Doug Hintze

3:30 p.m. Schedule of Actions – NMED

3:45 p.m. Public Comment Period

4:30 p.m. Adjourn – Lee Bishop

 

Underground Pits and shafts at Area G

NukeWatch Pushes Environment Department for More Public Input in Los Alamos Cleanup

NukeWatch Pushes Environment Department for More Public Input in Los Alamos Cleanup

An in-depth article, Consent order facing changes, by Mark Oswald in the Albuquerque Journal (October 9, 2015) lays out how legacy waste cleanup at Los Alamos National Laboratory (LANL) is being negotiated between DOE and the NM Environment Department (NMED) without the fully required public participation. The 2005 Consent Order (CO), which addresses the fence-to-fence cleanup of hundreds of thousands of cubic meters of Cold War legacy radioactive and hazardous waste in the ground at the Lab, was due to reach it’s final milestone this December. For many reasons, including the closure of WIPP due to improper radioactive waste drum packing practices at LANL, the December 2015 deadline will not be meet.

Please don’t think that, just because deadlines were not reached that it was a failure. Much progress on cleanup at LANL was made under the 2005 Consent Order. About 2,100 cleanup sites were originally identified, ranging from small spills to large landfills. Cleanup of about half of the sites has been completed. Initial investigation of about 90 percent of the remaining sites has been completed. Many cleanup alternatives were also investigated at the remaining sites and options have been presented. A groundwater monitoring well infrastructure was installed, with more monitoring wells on the way.

In Oswald’s article, NMED’s Kathryn Roberts stated that, “The 2005 deal was focused on investigative work and characterization of LANL’s legacy waste.” We at NukeWatch, feel that the goal of the 2005 Consent Order was always the cleanup of LANL and that the investigations and characterization of the many waste sites were just the first steps. There are milestones in the CO, with dates, for the actual cleanup of all the legacy waste sites at Los Alamos. The lab’s final “milestone” from the 2005 Consent Order was supposed to be a “remedy completion report,” due on Dec. 6, on how Area G, the Lab’s largest waste site, had been cleaned up.

NMED and DOE/LANL are negotiating the new CO now and have publically stated plans to rollout the draft for the new CO this November for a 60-day public comment period. Nuclear Watch NM believes that these negotiations must have public input.

This gets us to one of our main reasons why we feel the need for more public input. We are concerned that the new CO will not have enforceable milestones for all cleanup projects from the beginning. Deciding every 1 to 3 years which sites will be addressed for a cleanup ‘campaign’ and then what that schedule should be will insure that Los Alamos never addresses all the sites. This would revert cleanup back to the way it was done before the 2005 Consent Order with budget driving cleanup. But the purpose of the CO is to have cleanup drive the budget.  A schedule for all cleanups must be set from the beginning and the Lab must be held accountable every step along the way by getting the money and doing the work on time.

We will insist on a new final compliance date for the last milestone of the last legacy cleanup project. Cleanup at Los Alamos cannot be open-ended.

NukeWatch’s September 21 letter to NMED that explains our position that a “Class 3 Permit Modification” is required is here.

The 2005 Consent Order, as modified, is here.

 

Public Meeting to Discuss Chromium From Los Alamos That Has Reached Our Aquifer

Public Meeting to Discuss Chromium From Los Alamos That Has Reached Our Aquifer

 

DOE/LANL sponsored Public open house and poster session

Date: Wednesday, September 30, 2015

Time: 6:00 to 8:00 p.m.

Cities of Gold Conference Center

10-A Cities of Gold Rd. Pojoaque, NM  87506

 

Sampling from monitoring wells at Los Alamos National Laboratory (LANL) indicate the presence of chromium contamination in our regional aquifer resulting from historical use of a corrosion inhibitor that was discharged to an outfall as part of operational activities. Concentrations of chromium within the groundwater plume beneath Mortandad Canyon exceed the New Mexico groundwater standard of 50 parts per billion (ppb) near the property boundary between LANL and the Pueblo de San Ildefonso and are as high as 1,000 ppb in the plume center. Recent groundwater monitoring well sampling data show increasing chromium concentrations on the plume edges, which is indicative of plume migration. The LANL management and operating contractor is required to assess, identify, clean up, and otherwise address contamination at LANL.

Chronic human exposure to high levels of chromium (VI) by inhalation or oral exposure may produce effects on the liver, kidney, gastrointestinal and immune systems, and possibly the blood.

DOE’s proposed action is to control plume migration and maintain the 50 ppb and greater chromium contamination level within the LANL boundary while long-term corrective action remedies are evaluated and implemented. In other words, LANL will first focus on trying to keep the chromium from reaching our aquifer under San Ildefonso Pueblo.

Groundwater extraction would occur at up to three extraction wells, in addition to small volumes periodically extracted at monitoring wells. The total groundwater extraction volume would be up to 230 million gallons (707 acre-feet) annually over the approximately 8-year duration of the project. That’s a proposed total of 1.8 billion gallons.

DOE also proposes to conduct field-scale studies to further characterize the plume center to evaluate the effectiveness and feasibility of implementing a final remedy for the chromium plume.

 

Public Comment Opportunities

The 30-day public comment period for the Draft EA begins September 23, 2015, and ends on October 23, 2015. Comments on the Draft EA can be submitted via the following methods:

Email: [email protected]

By mail: Department of Energy, Environmental Management Los Alamos Field Office, 3747 West Jemez Road MS-A316, Los Alamos, New Mexico 87544

By fax: (505) 606-2132

By phone: (800) 342-5363

The DOE Environmental Management Los Alamos Field Office, in conjunction with the Northern New Mexico Citizens’ Advisory Board, is hosting a public meeting for comment on the Chromium Project. Join us to learn more about the Chromium Project and to comment on the Laboratory’s proposed actions.

All interested parties are encouraged to attend

 

EA-2005: DRAFT ENVIRONMENTAL ASSESSMENT

Chromium Plume Control Interim Measure and Plume-Center Characterization, Los Alamos National Laboratory, Los Alamos, NM

 

DOWNLOAD DOCUMENT

EA-2005: Draft Environmental Assessment

 

Pope Francis Calls for the Complete Prohibition of Nuclear Weapons

September 25, 2015

Pope Francis Calls for the Complete Prohibition of Nuclear Weapons  

Santa Fe, NM – In his speech today at the United Nations Pope Francis stated:

The Preamble and the first Article of the Charter of the United Nations set forth the foundations of the international juridical framework: peace, the pacific solution of disputes and the development of friendly relations between the nations. Strongly opposed to such statements, and in practice denying them, is the constant tendency to the proliferation of arms, especially weapons of mass destruction, such as nuclear weapons. An ethics and a law based on the threat of mutual destruction – and possibly the destruction of all mankind – are self-contradictory and an affront to the entire framework of the United Nations, which would end up as “nations united by fear and distrust.” There is urgent need to work for a world free of nuclear weapons, in full application of the non-proliferation Treaty, in letter and spirit, with the goal of a complete prohibition of these weapons.

Separately, the United Nations’ Secretary-General Ban Ki-moon released a statement in advance of tomorrow’s (September 26) International Day for the Total Elimination of Nuclear Weapons tomorrow. He said:

The norm against the use of nuclear weapons – the most destructive weapons ever created, with potentially unparalleled human costs – has stood strong for seven decades. But the only absolute guarantee that they are never used again is through their total elimination.

The Pope’s words builds upon a December 2014 paper entitled “Nuclear Weapons: Time for Abolition” that the Vatican presented at an international conference on the “Humanitarian Impacts of Nuclear Weapons” held by the Austrian government in Vienna. In it, the Catholic Church declared that the provisional justification it once gave for possession of nuclear weapons for the sake of “deterrence” during the Cold War is no longer valid. The Vatican further stated in no uncertain terms, “Now is the time to affirm not only the immorality of the use of nuclear weapons, but the immorality of their possession, thereby clearing the road to nuclear abolition.”

Contrary to the Catholic Church’s growing push to ban nuclear weapons, the recent May 2015 NonProliferation Treaty (NPT) Review Conference ended in failure. The immediate reason was that the United States, United Kingdom and Canada blocked the adoption of a “Final Document” seeking to implement a previously agreed-to conference on a Middle East nuclear weapons free zone, at the behest of Israel, a non-signatory to the NPT and a non-declared nuclear weapons power. A broader, deeper reason is that the majority of non-weapons states are growing increasingly frustrated by the nuclear weapons powers’ failure to honor their NPT Article VI obligation “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…”, first promised in 1970.  This is now exacerbated by accelerating nuclear weapons “modernization” programs, led by the United States which plans to spend a trillion dollars over thirty years completely rebuilding its nuclear weapons stockpile and infrastructure.

New Mexico plays a key role in these modernization programs, with two of the nation’s three nuclear weapons laboratories, Sandia and Los Alamos. Currently the labs’ main focus is “Life Extension Programs” that prolong the service lives of existing U.S. nuclear weapons for up to 60 years and give them new military capabilities despite U.S. government denials. These programs are clearly contrary to the Vatican’s push for nuclear weapons abolition.

New Mexico also has one of the highest percentages of Catholic citizens, at around 40% of the total population. The full name of its capitol Santa Fe (English: “Holy Faith”) is “The Royal City of the Holy Faith of Saint Francis of Assisi,” the saint from whom Pope Francis took his papal name. St. Francis and the Pope are both known for their focus on the poor. Ironically, Los Alamos County, next to Santa Fe, is the second richest county in the USA because of nuclear weapons programs, while some of the poorest communities in the country (the San Ildefonso and Santa Clara Pueblos) are contiguous to it.

One of New Mexico’s two Catholic Archbishops, Oscar Cantú of Las Cruces, is chair of the United States Conference of Catholic Bishop’s Committee on International Justice and Peace, and is playing a leading role in the Catholic Church’s accelerating push for nuclear weapons abolition. He delivered a homily at the Nagasaki Cathedral in Japan on August 9, 2015 commemorating the 70th anniversary of the city’s destruction by a plutonium bomb designed and produced in New Mexico. He described it as a life-changing experience, and declared:

The bishops of the United States join in solidarity with the Church in Japan in advocating for global nuclear non-proliferation and disarmament in the face of the tragedies that occurred here when atomic bombs struck… the U.S. bishops committed themselves to shaping “the climate of opinion which will make it possible for our country to express profound sorrow over the atomic bombing in 1945. Without that sorrow, there is no possibility of finding a way to repudiate future use of nuclear weapons….”

New Mexico’s other archbishop, Santa Fe’s newly installed John Wester, has not yet stated his position on nuclear weapons. His diocese includes the Los Alamos and Sandia National Labs.

Jay Coghlan, director of Nuclear Watch New Mexico, commented, “Northern New Mexico has been a Catholic stronghold for centuries, and the birthplace of nuclear weapons seventy years ago. Catholics and non-Catholics alike must examine their consciences and the Pope’s calling for the prohibition of nuclear weapons, and how that squares with the nuclear weapons industry that is so deeply embedded in our culture and economy. The choice is not easy, but clearly we must follow faith and good will toward elimination of these worst of weapons of mass destruction. I hope that Santa Fe’s new Archbishop John Wester will help guide us in following Pope Francis’ call for the complete prohibition of nuclear weapons.”

# # #

Pope Francis’ quote is from http://time.com/4049905/pope-francis-us-visit-united-nations-speech-transcript/ Note: the original transcript erroneously said “weapons of mass distraction” instead of “weapons of mass destruction.”

The Vatican’s December 2014 paper  “Nuclear Weapons: Time for Abolition” is available at http://www.paxchristi.net/sites/default/files/nuclearweaponstimeforabolitionfinal.pdf

See Archbishop Oscar Cantú’s essays on the need to abolish nuclear weapons at http://www.usccb.org/issues-and-action/human-life-and-dignity/war-and-peace/nuclear-weapons/

In particular, see Homily on Peace and a World without Nuclear Weapons for a Mass at Urakami Cathedral in Nagasaki, Japan Bishop Oscar Cantú, August 9, 2015

Los Alamos National Laboratory Files Motion to Dismiss James Doyle Whistleblower Case

Los Alamos National Laboratory Files Motion to Dismiss

James Doyle Whistleblower Case

Santa Fe, NM – On August 25, 2015 the for-profit contractor that runs the Los Alamos National Laboratory filed a motion with the U.S. Department of Energy Office of Hearings and Appeals to dismiss Dr. James Doyle’s whistleblower complaint. Doyle’s case received widespread national and international media attention after Los Alamos National Security, LLC (LANS) terminated his employment in July 2014. In 2013 Doyle had published a study arguing that the global, verifiable abolition of nuclear weapons was in the best national security interests of the United States.

In September 2014, following his termination, DOE Secretary Ernest Moniz wrote to Doyle that Frank Klotz, the head of the National Nuclear Security Administration (NNSA), had asked the DOE Office of Inspector General (OIG) to investigate if “Dr. Doyle’s termination resulted in whole, or in part from the publication of his article in question or the views expressed in it.” NNSA Administrator Frank Klotz repeated this promise of an Inspector General investigation in a February 2015 letter to Senator Edward Markey, but it has yet to take place.

The promised Inspector General investigation is essential in determining whether LANS and NNSA acted properly in the Doyle case, and must be conducted before the DOE Office of Hearings and Appeals rules on LANS’ motion to dismiss. This is underscored by the fact that an earlier Inspector General report had determined that the LANS classification officer who retroactively classified Dr. Doyle’s study had a history of mishandling classified information and misrepresented himself to OIG investigators.

Dr. James Doyle remarked, “This attempt by LANS to have my case dismissed before the promised Inspector General investigation or an administrative hearing is a blatant attempt to deprive me of my rights and to cover up misconduct. I have written to President Obama and Energy Secretary Moniz asking that they deny LANS’ motion to dismiss and complete the promised Inspector General investigation.”

Doyle was among only 14 people within the laboratory workforce of over 10,000 employees to be laid off in 2014.

Doyle claimed in his whistleblower complaint that LANS’ Classification Officer abused his authority by improperly and retroactively classifying his article “Why Eliminate Nuclear Weapons,” which supported President Obama’s declared policy of a future world free of nuclear weapons. Although he wrote the study on his own time, Doyle took the precaution of successfully clearing his article with LANL in advance of publication. Various media articles have reported that his study was retroactively classified only after an inquiry by Republican staff on the House Armed Services Committee as to whether it contained sensitive information.

Because of classification rules Doyle cannot address allegations that his study contains secret information. However, Jay Coghlan, Director of Nuclear Watch New Mexico, observed, “Anyone can download Doyle’s study from the internet and see for themselves that it contains nothing sensitive about nuclear weapons deployments, designs or materials. There is only one word in his study that can possibly be classified, and that word is “Israel,” whose possession of nuclear weapons is commonly regarded as the worst kept secret in the world. Nevertheless, it is official US government policy to keep it classified. Many officials have crossed that line, but only Doyle has had to pay the price after it was misused in a biased manner to gag him after his article was published and he fought back.”

The DOE Office of Hearings and Appeals has not yet responded to the LANS motion to dismiss the Doyle case.

# # #

Los Alamos National Security, LLC’s motion to dismiss is available at

https://nukewatch.org/importantdocs/resources/LANS-motion-to-dismiss.pdf

Dr. James Doyle’s letter to Secretary Ernest Moniz is available at

https://nukewatch.org/importantdocs/resources/Doyle-Moniz-letter.pdf

Doyle’s January 2013 study “Why Eliminate Nuclear Weapon?” is available at:

https://www.iiss.org/en/publications/survival/sections/2013-94b0/survival–global-politics-and-strategy-february-march-2013-3db7/55-1-02-doyle-a88b.

The DOE Office of Hearings and Appeals’ docket on the Doyle case is available at https://cse.google.com/cse/publicurl?cx=011145866664225340457:yhreiv3focq

The February 2015 DOE Inspector General report is available at http://energy.gov/sites/prod/files/2015/02/f19/DOE-IG-0935.pdf.

Additional background on the Doyle case is available at:

http://www.publicintegrity.org/2014/07/31/15161/nuclear-weapons-lab-employee-fired-after-publishing-scathing-critique-arms-race

and

http://www.latimes.com/business/hiltzik/la-fi-mh-antinuclear-article-20140815-column.html

Watchdogs Denounce Slap on Wrist for Illegal Lobbying Activities

Watchdogs Denounce Slap on Wrist for Illegal Lobbying Activities
By the World’s Biggest Defense Contractor
Demand Real Accountability by Barring Lockheed Martin
From Future Sandia Labs Contract

 

Santa Fe, NM – In notice given late Friday the Department of Justice announced a settlement with Lockheed Martin over alleged violations of federal anti-lobbying laws to extend its management contract of the Sandia Labs without competition.

Jay Coghlan, Director of Nuclear Watch New Mexico, commented:

4.7 million dollars is a slap on the wrist for the world’s biggest defense contractor to pay. Lockheed Martin clearly broke the law by engaging in illegal lobbying activities to extend its Sandia contract without competition, and earned more than 100 million dollars while doing so. Moreover, it engaged in deep and systemic corruption, including paying Congresswoman Heather Wilson $10,000 a month starting the day after she left office for so-called consulting services that had no written work requirements. There should be criminal prosecutions for clear violations of federal anti-lobbying laws, and Lockheed Marin should be barred from future competition for the Sandia Labs contract, expected next year. Holding the revolving gang of greedy politicians and contractors strictly accountable is essential as they get ready to fleece the taxpayer during the planned one trillion dollar “modernization” for what the nuclear weapons labs are now calling “The Second Nuclear Age.”

Rep. Heather Wilson was the protégé of the powerful Senator Pete Domenici and was groomed to succeed him. Historically the New Mexican congressional delegation has always had deep ties to the Los Alamos and Sandia nuclear weapons labs, while the state remains among the poorest in the country. In 2013 Nuclear Watch New Mexico discovered through a Freedom of Information Act request that Wilson signed her contract with Sandia while still in office, and began receiving payment the day after she left Congress. She went on to secure a simultaneous contract with the Los Alamos National Laboratory, also for $10,000 a month for “consulting” services with no written work requirements.

# # #

The Department of Justice’s settlement agreement is available at

https://nukewatch.org/importantdocs/resources/Sandia-Settlement-Agreement.pdf

Rep. Heather Wilson’s contract and invoices pursuant to our FOIA request are available at

https://nukewatch.org/facts/nwd/HeatherWilson-Sandia contract-invoices.pdf

Major Protests at U.S. Warhead Facilities Across the Nation Unite to Decry Trillion Dollar Plan for New U.S. Nuclear Weapons

For more information:
Ralph Hutchison, Oak Ridge Environmental Peace Alliance, [email protected]
<mailto:[email protected]> , 865-776-5050
Marylia Kelley, Tri-Valley CAREs, Livermore, mailto:[email protected]
<mailto:[email protected]> , 925-443-7148
Other key national and regional contacts are listed at the end of this release

For immediate release, August 4, 2015

HISTORIC 70TH ANNIVERSARY OF ATOMIC BOMBING OF HIROSHIMA, NAGASAKI:

Major Protests at U.S. Warhead Facilities Across the Nation Unite to Decry Trillion Dollar Plan for New U.S. Nuclear Weapons; Advocate Disarmament

A thousand or more peace advocates, Hibakusha (A-bomb survivors), religious leaders, scientists, economists, attorneys, doctors and nurses, nuclear analysts, former war planners and others across the country are coming together to commemorate the 70th Anniversary of the U.S. atomic bombings of Hiroshima and Nagasaki this August 6 through 9 at key sites in the U.S. nuclear weapons complex.

Major commemorations, rallies, protests and/or nonviolent direct actions will place at the Lawrence Livermore National Laboratory in CA, the Los Alamos National Laboratory in NM, the Kansas City Plant in MO, the Y-12 Plant in TN, the Rocky Flats Plant in CO, the Pantex Plant in TX, and in GA near the Savannah River Site. These events are united by their reflection on the past, and, uniquely, their focus on the present and future with a resolute determination to change U.S. nuclear weapons policy at the very locations that are linchpins in producing the new trillion dollar stockpile of nuclear weapons and their delivery vehicles.

“We stand on the brink of a new, global nuclear arms race,” noted Ralph Hutchison, the longstanding coordinator for the Oak Ridge Environmental Peace Alliance. “This is epitomized by government plans for a new Uranium Processing Facility to produce H-bomb components at Y-12, including for new-design weapons.”

“U.S. plans to ‘modernize’ the arsenal are also underway at Livermore Lab,” stated Marylia Kelley, Tri-Valley CAREs’ executive director. “A new Long-Range Stand Off warhead design and the start of plutonium shots in the Lab’s National Ignition Facility reveal two facets of this new arms race,” Kelley continued. “In contrast to the cold war, which was largely about sheer numbers, the new arms race and its dangers stem from novel military capabilities now being placed into nuclear weapons.”

Around the world, pressure for the U.S. to show leadership toward the abolition of nuclear weapons is growing. Pope Francis has repeatedly pressed the moral argument against nuclear weapons, inveighing not only against their use but also against their possession. In the wake of the successful Iran agreement, many are suggesting that since it has been settled that it would never be legitimate for Iran to obtain a nuclear weapon, shouldn’t we also agree that the 16,000 nuclear weapons in existence have no legitimacy either. Moreover, 113 governments recently signed the “Humanitarian Pledge,” circulated by Austria, to press the U.S. and other nuclear weapons states to fulfill their disarmament obligations.
Actions this week at U.S. nuclear weapons facilities will highlight the mounting international calls for nuclear abolition, with U.S. organizers lending their deep and often unique “on the ground” knowledge from the gates and fence lines of the facilities involved in creating new and modified U.S. nuclear weapons. “This 70th anniversary should be a time to reflect on the absolute horror of a nuclear detonation,” mused Ann Suellentrop of Physicians for Social Responsibility-Kansas City, “yet the new Kansas City Plant is churning out components to extend U.S. nuclear weapons 70 years into the future. The imperative to change that future is what motivates me to organize a peace fast at the gates of the Plant.”

Key events at U.S. nuclear weapons complex sites include:
• Y-12
– pastoral letter, remembrance, rally and nonviolent direct action, peace fast and lanterns. (More at http://orepa.org/action/hiroshimanagasaki-70/ <http://orepa.org/action/hiroshimanagasaki-70/> )
• Livermore Lab – peace camp, August 6 rally and nonviolent direct action, peace fast at the gates. (More info at www.trivalleycares.org <http://www.trivalleycares.org> )
• Los Alamos Lab – film screening, panels, rally and conference (More at www.nuclearwatch.org <http://www.nuclearwatch.org> )
• Kansas City Plant – atomic photographers exhibit, speakers, film screening, and peace fast at the gates. (More info at www.psr.org/chapters/kansas/ <http://www.psr.org/chapters/kansas/> )
• Savannah River Site – film screening, vigil, and circle of hope. (More: www.nonukesyall.org <http://www.nonukesyall.org> )
• Rocky Flats Plant – peace quilt, concert, film screening, labyrinth mourning walk. (More from [email protected] <mailto:[email protected]> )
• Pantex Plant – Hiroshima exhibit, panel discussion. (More at: www.peacefarm.us <http://www.peacefarm.us> )

These and other Hiroshima events and actions at sites in the U.S. nuclear weapons complex are being led by organizations that are members of the Alliance for Nuclear Accountability, which represents about three dozen groups. More about ANA can be found at www.ananuclear.org <http://www.ananuclear.org> .

ANA contacts available for interviews include:
Joni Arends
, Concerned Citizens for Nuclear Safety, [email protected] <mailto:[email protected]> ,  505 986-1973 (NM sites)
Jay Coghlan, Nuclear Watch New Mexico, [email protected] <mailto:[email protected]> , 505-989-7342 (NM sites)
Ann Suellentrop, Physicians for Social Responsibility-KC, [email protected] <mailto:[email protected]> , 913-271-7925 (MO site)
Kevin Kamps, Beyond Nuclear, [email protected] <mailto:[email protected]> , 240-462-3216 (Ohio sites)
Jerry Stein, Peace Farm, [email protected] <mailto:[email protected]> , 806-351-2744 (TX site)
Judith Mohling, Rocky Mountain Peace & Justice Center, [email protected] <mailto:[email protected]> , 303-447-9635 (CO sites)
Glenn Carroll, Nuclear Watch South, [email protected] <mailto:[email protected]> , 404-378-4263 (SC, GA sites)
Paul Kawika Martin, Peace Action, [email protected] <mailto:[email protected]> , 951-217-7285 (in Hiroshima)
Ralph Hutchison, Oak Ridge Environmental Peace Alliance, [email protected] <mailto:[email protected]> , 865-776-5050 (TN sites)
Marylia Kelley, Tri-Valley CAREs. [email protected] <mailto:[email protected]> , 925-443-7148 (CA sites)
Jackie Cabasso, Western States Legal Foundation, United for Peace & Justice, [email protected] <mailto:[email protected]> , 510-839-5877 (CA sites, calendar of national events)

Additional resources for media:
Physicians for Social Responsibility calendar and map of Hiroshima and Nagasaki actions at: www.psr.org/news-events/events/hiroshimadayevents-2015.html <http://www.psr.org/news-events/events/hiroshimadayevents-2015.html>
United for Peace and Justice, Nuclear Free Future Month calendar of events at: www.nuclearfreefuture.org <http://www.nuclearfreefuture.org>

###

 

Lockheed Martin’s illegal lobbying to extend Sandia contract

The Center for Public Integrity has come out with a hard-hitting article about illegal lobbying by the world’s biggest defense contractor Lockheed Martin to extend its management contract of the Sandia Labs. Sandia contracted former congresswoman Heather Wilson for consulting services that had no written work requirements, although she denies engaging in illegal lobbying activity. Notably, Wilson was the groomed successor to the powerful Republican senator Pete Domenici (“St. Pete” to the labs for the money be brought them), but was defeated by Tom Udall in the 2007 race for the Senate after Domenici retired. Ironically, the “liberal” Udall now functions as the new Pete Domenici from the same budget seat in the Senate Energy and Water Development Appropriations Subcommittee. My point is how deeply in bed the New Mexican congressional delegation is with the nuclear weapons industry in this state, no matter which political party they come from.

But this business about Lockheed Martin engaging in illegal lobbying to extend its Sandia contract takes it to a whole new level. We believe this is a story that won’t go away – – more developments are bound to come. Looking ahead, because of its illegal activities Nuclear Watch New Mexico’s position is that Lockheed Martin should be barred from competing for the Sandia Labs contract when the National Nuclear Security Administration next puts it out for bid, currently scheduled for next year.

The Center for Public Integrity’s must-read article is at

http://www.publicintegrity.org/2015/07/08/17628/nuclear-weapons-lab-lobbied-federal-funds-block-competition-lucrative-c

excerpts:

““Given the specific prohibitions against such activity, we could not comprehend the logic of using Federal funds for the development of a plan to influence members of Congress and federal officials to, in essence, prevent competition,” [DOE Inspector General] Friedman said in the report….

In 2009, the report explains, Sandia Corp. hired a consulting firm headed by former U.S. Rep. Heather Wilson, R-New Mexico, and two unnamed former employees of the Energy Department’s National Nuclear Security Administration, at least one of whom previously had oversight authority at the lab. Wilson’s company, Heather Wilson, LLC, provided explicit directions about how to influence the most crucial decision-makers in the contract-award process, according to the IG report.” – End –

A few comments on the article follow, notably begun by Heather Wilson herself, followed by yours truly and Jim Doyle.

Heather Wilson ·

Rapid City, South Dakota

For your readers, this is what I said to the reporter of this story: “The full report confirms what I have said all along. I was not a lobbyist for Sandia and I did not contact any federal official — Congressional or Executive — to try to extend the Sandia contract. I was not a member of the “Sandia Contract Strategy Team” that is criticized in the report. Interestingly, someone’s notes from a conversation with me contained in this full report confirm that I advised that contract extension activities should be done by Lockheed Martin, not Sandia. That is the same position taken by the Department of Energy Inspector General.
Jay Coghlan ·

Executive Director at Nuclear Watch New Mexico

I am not contesting what former Congresswoman Wilson says below. But it should be noted that Nuclear Watch New Mexico filed a FOIA request and got her contract with the Sandia Labs. It makes clear that she entered into that contract with Sandia Labs while still serving in congressional office, and started getting paid $10,000 a month the day after she left office. See https://nukewatch.org/facts/nwd/HeatherWilson-Sandia contract-invoices.pdf

Ms. Wilson then went on to get a similar contract with the Los Alamos Lab. The DOE IG reported that both contracts had no written work requirements. Pretty sweet work if you can get it, $20K a month, and for what?

The Los Alamos and Sandia Labs had to pay back the government the ~$425,000 they paid Wilson, but as far we know she kept the money. Perhaps she didn’t do anything technically illegal, but it sure doesn’t pass the smell test. Especially when she ran for the U.S. Senate as a strong supporter of the nuclear weapons labs that had paid her. She has also served on the Congressional Advisory Panel on the Governance Structure of the National Nuclear Security Administration that made recommendations favorable to the labs. We think she should have resigned from that panel when her conflicts-of-interest were revealed.

That is history. The more profound question now is should Lockheed Martin be allowed to bid for the Sandia contract next year when it has clearly engaged in illegal lobbying activity? Nuclear Watch New Mexico thinks not.

Jay Coghlan
Nuclear Watch New Mexico
www.nukewatch.org

Jim Doyle ·

Works at Self-Employed

I certainly have to object to the reported view of Sandia’s Lockheed-Martin management that it is “not merely in the corporation’s best interest, but in the country’s for Lockheed-Martin, Sandia, and the nation to work together towards influencing DOE to retain the Lockheed-Martin team.” Why would it be to the nation’s best interest to retain a contractor that allowed costs for it largest project, the B-61 nuclear bomb refurbishment, to skyrocket from an estimated $4 billion in 2010 to more than $8 billion today? I do not call this good management. The nation deserves better.

 

[Jim’s self-description as self-employed is an understatement. He is a former Los Alamos Lab nonproliferation expert who authored a study arguing for nuclear weapons abolition, which ultimately led to his firing.  He is now self-employed as an independent nuclear weapons nonproliferation expert, and among many other things serves on Nuclear Watch New Mexico’s Steering Committee.]

 

NukeWatch response to ABQ Journal article “Putin’s plans to add nukes closely watched in New Mexico”

Putin clearly cannot be trusted, but this article is very one sided. First, it is alarmist to say Putin is “adding” 40 ICBMs. Instead, Russia is replacing old ones and, as the article points out, staying within New START limits. Putin claims that these new ICBMs are more capable of penetrating missile defenses. But this is largely in response to George W. Bush unilaterally tearing up the Anti-Ballistic Missile Treaty, a profoundly negative watershed in U.S. –Russian relations. And above all is continuous expansion of NATO to Russia’s border. The Russian military will be keenly aware that the life extension program for the B61 bomb that Tom Udall so ardently supports will create the world’s first nuclear smart bomb. This is contrary to U.S. claims that it only maintains stockpile safety and reliability and would never give existing nuclear weapons new military capabilities. The revamped bomb’s main mission is forward deployment in Europe against Russia.

The much-quoted ex-Sandia director Paul Robinson was prominent in undermining U.S. ratification of the long-sought-for Comprehensive Test Ban Treaty by damning it with faint praise in 1999 congressional testimony. The CTBT failed, but the labs kept the quid pro quo money for so-called Stockpile Stewardship. There is hardly a nuke that Robinson doesn’t like. In the past, he argued for a “To Whom it May Concern” target list (fill in the blank) for U.S. nuclear weapons.

Finally, the 900 pound gorilla.  This article has no mention of U.S. plans to spend at least a trillion dollars over the next 30 years on “modernization” of nuclear forces. This will rebuild every existing type of nuclear weapon in the planned stockpile, and buy completely new missiles, subs and bombers to deliver them. That makes Putin look like a chump.

You bet that the for-profit, giant defense contractors running the Los Alamos and Sandia Labs (Bechtel and Lockheed Martin) and their politicians are closely watching deteriorating relations with Russia (which the U.S. has done so much to cause). They can hear the cash registers going ca-ching, ca-ching! Meanwhile, as schools and bridges are falling apart and the 70th anniversaries of the Hiroshima and Nagasaki bombings approach, the nuclear weapons labs are internally trumpeting “The Second Nuclear Age.”

Jay Coghlan,

NukeWatch Director

Putin’s plans to add nukes closely watched in New Mexico

By Michael Coleman / Journal Washington Bureau
PUBLISHED: Sunday, June 21, 2015 at 12:02 am

WASHINGTON – Russian President Vladimir Putin’s announcement last week that he plans to add 40 new intercontinental ballistic missiles to his country’s nuclear arsenal could have implications for New Mexico’s nuclear weapons laboratories and the spending debate on Capitol Hill.

Putin’s announcement was a blunt reminder of Russia’s nuclear might amid tensions with the West over Ukraine.

Relations between Russia and the West have plunged to their lowest point since the Cold War with Moscow’s annexation of Ukraine’s Crimean Peninsula and support for a pro-Russia separatist insurgency in eastern Ukraine.

“Over 40 new intercontinental ballistic missiles capable of penetrating any, even the most technologically advanced, missile defense systems, will join the nuclear forces in the current year,” Putin said.

The declaration came at the opening of an arms show at a shooting range in Alabino, just west of Moscow. Sen. Tom Udall, a New Mexico Democrat and member of the Senate Appropriations Committee, said Putin’s nuclear weapons declaration was troubling.

“Putin’s military aggression is disturbing on a number of fronts,” Udall told the Journal. “A nuclear conflict should never occur in today’s world, and the U.S. and Russia should continue to commit to our agreements to reduce these weapons and prevent proliferation to additional countries.”

Russia’s nuclear developments are likely to be closely watched by workers at Sandia and Los Alamos national laboratories.

“These developments do underscore the importance of the work at our national nuclear labs, which keep the nation’s arsenal safe, secure and reliable, and provide critical capabilities to track and prevent proliferation,” Udall said.
UDALL: This military aggression is “disturbing”

UDALL: This military aggression is “disturbing”

Last year, Russia added 38 ICBMs to its arsenal, according to Defense Minister Sergei Shoigu. Modernizing its nuclear forces is a top priority for the Russian military, which needs to gradually decommission its aging Soviet-built ICBMs.

No violation

Nuclear policy experts interviewed by the Journal this week said the addition of the nuclear weapons would not put Russia in violation of the 2010 New START agreement, in which the U.S. and Russia both agreed to nuclear weapons limits.

“Putin’s move is mainly symbolic, because 40 more ICBMs does not significantly affect the strategic balance and keeps Russia within the limits of the New START agreement,” said Gary Samore, who served for four years as President Barack Obama’s White House Coordinator for Arms Control and Weapons of Mass Destruction.

Rodney Wilson, director of nonproliferation programs at Sandia, referred the Journal‘s questions about implications for the New Mexico lab to the National Nuclear Security Administration, which oversees the labs.

An NNSA spokeswoman also declined to comment on the labs’ work related to Russian nuclear arms issues and instead referred the Journal‘s questions to the State Department or the White House.

White House spokesman Josh Earnest dismissed Putin’s pledge to build more nuclear weapons as “saber-rattling” and said it “does nothing to de-escalate conflict.”

“The United States has repeatedly stressed our commitment to the collective defense of our NATO allies,” Earnest told reporters at the White House this week. “That is a commitment that we are willing to back up with action, if necessary. And that stands in pretty stark contrast to the saber-rattling that we’ve seen from Mr. Putin.

“And you could also make a case – and I think with some credibility – that invoking the nuclear arsenal is even an escalation of that saber-rattling,” Earnest added. “That’s unnecessary and not constructive.”

The U.S. and the EU have slapped Russia with economic sanctions, and Washington and its NATO allies have pondered an array of measures in response to Russia’s moves toward Ukraine. The three Baltic members of the alliance – Estonia, Latvia and Lithuania – have asked NATO to permanently deploy ground troops to their nations as a deterrent against an increasingly assertive Russia.

And Polish Defense Minister Tomasz Siemoniak says he and U.S. Defense Secretary Ashton Carter have held talks about placing U.S. heavy army equipment in Poland. The uptick in Russia’s nuclear ambitions would seem to stymie President Barack Obama’s call for a nuclear-free world during a much heralded 2009 speech in Prague in which Obama vowed “America’s commitment to seek the peace and security of a world without nuclear weapons.”

Asked whether there is a possibility of another U.S.-Russian arms race, Earnest suggested that Russia – hit hard by falling energy prices – may not be able to afford Putin’s latest nuclear pledge.

“There are legitimate questions that have been raised about whether or not Russia would be able to succeed in following through on many of the claims and threats that President Putin has had to offer,” Earnest said.

Work at labs

Paul Robinson, a former director of Sandia National Laboratories, said Putin’s announcement last week reinforces the importance of the work done at Sandia and Los Alamos, which are integral to the nation’s nuclear weapons complex.

Both labs are heavily involved in maintaining the nuclear stockpile, and working to prevent the spread of nuclear weapons and materials around the world.
ROBINSON: Concerned about a new weapon

ROBINSON: Concerned about a new weapon

“Nuclear deterrence is just as important as it ever was, and to say we’re going to relax and we don’t have to worry about strategic war any more would be a huge mistake,” Robinson said in a Journal interview, adding that he is concerned about Russia’s reported work on developing a new tactical nuclear weapon that would emit low radiation and could be used in conventional warfare.

“I think it is time for us to worry about it,” said Robinson, who was an ambassador and chief negotiator during U.S.-Soviet nuclear arms talks in Geneva in the 1980s.

“Clearly, if these things are going to arise again to threaten our future, (the labs) would do almost anything they could in being a part to protect it.”

Steven Pifer, director of Arms Control and Non-Proliferation Initiative at the nonpartisan Brookings Institution, said Putin’s announcement might trigger additional sympathy for nuclear weapons spending on Capitol Hill. Nuclear weapons budgets remain steady – including for work on the B61 Life Extension Project carried out at both New Mexico labs – but some in Congress are questioning the need for increases.

“My guess is that it might increase a little bit the push for doing more on the nuclear side, but I don’t think it’s going to have a huge impact,” Pifer said.

“The more worrisome thing is, why does Putin feel the need to keep talking about nuclear weapons? I sincerely hope he does not see these things as weapons of coercion, because that could be potentially very dangerous. I hope there are sensible people around him who are explaining to him just exactly what one should do to manage nuclear weapons in a responsible way.”

The Associated Press contributed to this report.

WIPP Sold With a 10,000 Year Guarantee

WIPP Sold With a 10,000 Year Guarantee

WIPP CRA Meeting June 17 2015, Albuquerque, NM

 

10,000 years ago:

  • Jericho has been inhabited for a thousand years
  • Many megafauna go extinct, including the giant ground sloths, woolly rhinoceros, cave bear, and sabre-toothed cats (Mammoths survive in small groups for another 6500 years)
  • Cattle are domesticated and the plow is invented
  • In what is now northern Iraq, cultivation of barley and wheat begins.
  • Beer is first brewed.

 

10,000 years from now:

  • Sea levels will rise 3 to 4 meters
  • Technological civilization could reach end of its lifespan
  • Humanity has a 95% probability of being extinct
  • Pioneer 10 will pass within 3.8 light years of Barnard’s Star
  • The Waste Isolation Pilot Plant, for nuclear weapons waste, is planned to be protected until this time, with a “Permanent Marker” system designed to warn off visitors through both multiple languages (the six UN languages and Navajo) and through pictograms

 

Department of Energy and Environmental Protection Agency officials are also guaranteeing that the Waste Isolation Pilot Plant (WIPP) in southeast New Mexico will not release larger amounts of radiation for 10,000 yrs from the time that WIPP closes. Before recent events, WIPP was to end operations in the 2030 to 2035 timeframe when the last underground waste panel was full of nuclear weapons generated transuranic waste. Then there will be a 5-10 year period where it will be filled in and closed.

This 10,000-year guarantee is reevaluated and recertified every 5 years during a Compliance Recertification Application (CRA) process. EPA, has a unique authority – included in the WIPP Land Withdrawal Act – regarding radiation. EPA could deny certification and close WIPP down.  EPA last recertified WIPP in November 2010. The recertification decision is not subject to judicial review.

The protection requirement focuses on the annual radiation dose to a person living on the surface just outside the WIPP Land Withdrawal Act (LWA) boundary. In particular, the LWA requires that the “WIPP be constructed in such a manner as to provide a reasonable expectation that, for 10,000 years after disposal, undisturbed performance of the disposal system will not cause the annual committed effective dose equivalent (hereafter called “dose”) to exceed 15 millirems (mrem) (150 microsieverts) to any member of the public in the accessible environment.” (Pg. 55-1)

The difference this go ‘round is that a waste drum, improperly packaged at Los Alamos National Laboratory, released radiation and contaminated 21 workers at WIPP in February 2014.  WIPP has been closed since then. Hundreds of similarly improperly packaged drums are still in the underground at WIPP.

But wait, due to the CRA cycle, input data for this CRA was cut off in December 2012. It is unclear how information from the 2014 accident will impact this CRA. What is WIPP but the sum of all its operations? But DOE claims that current operations will not cause any radiation releases for the 10,000 years after WIPP closes.

 

How can such a claim be made? DOE uses computer modeling to do a Performance Assessment (PA). DOE claims that the information can be boiled down to a simple chart. 

Figure PA- 83. CRA-2014 PA and CRA-2009 PABC Overall Mean CCDFs for Total Normalized Releases

I can’t explain it but I was assured that that the 2014 CRA showed that WIPP was safer for 10,000 years than the 2009 CRA showed. (The solid 2014 curve is farther away the notched “Release Limits” line than the dashed red 2009 curve.) Image that – WIPP allegedly got safer in the last 5 years.

 

I guess the good news is that DOE and EPA are thinking about 10,000 years. The bad news is that we have to. We cannot continue to generate this waste that is only safe into the future because some software deems it so. The existing radioactive waste should be monitored and stored as close to the generating site, as safely as possible, where it was generated.

The radioactive isotope of the transuranic waste in WIPP is mostly plutonium 239. Plutonium 239 has a half-life of 24,000 yrs – more than twice the time addressed in this assessment.

 

Thanks to all who came out to the WIPP/EPA meetings last Wednesday, June 17.  And thanks for your concern in this important issue.

 

Read Olivier Uyttebrouck’s Albuquerque Journal Report on the afternoon session.

There is a video of the evening session comments.

All the Compliance Recertification Application documents are here

 

There is an opportunity to comment.

Please consider commenting that:

EPA must consider including all aspects of the Feb 2014 accident in this CRA.

EPA must forward all public comments to DOE for an official response.

EPA must re-inspect LANL before it can ship to WIPP.

EPA should re-inspect and approve all waste generating sites related to waste characterization before allowing WIPP to reopen.

Do not recertify WIPP until an independent qualified organization (independent of DOE, DOE con) provides an analysis that WIPP operation meets the intents and the promises made to New Mexico, is compliant with all statutory and regulatory requirements.

 

Please contact me if you have any questions.

 

WATCHDOG GROUPS HEAD TO D.C.TO URGE CONGRESS TO CONFRONT “THE GROWING U.S. NUCLEAR THREAT”

Alliance for Nuclear Accountability

A national network of organizations working to address issues of nuclear weapons production and waste cleanup

Nuclear Watch New Mexico

 

May 14, 2015

 

WATCHDOG GROUPS HEAD TO D.C. TO URGE CONGRESS, OBAMA ADMIN.

TO CONFRONT “THE GROWING U.S. NUCLEAR THREAT;”

NEW REPORT SEEKS CUTS IN BOMB PLANTS, WARHEAD MODERNIZATION

DIVERTING SAVINGS TO CLEANUP AND WEAPONS DISMANTLEMENT

            Dozens of community leaders from around the country will travel to Washington, DC next week to oppose U.S. Department of Energy (DOE) nuclear weapons projects, which they say will waste billions in taxpayer funds, damage the environment and undermine the nation’s non-proliferation goals. The group will meet with leading members of Congress, committee staffers, and top administration officials with responsibility for U. S. nuclear policies to press for new funding priorities.

Activists from nearly a dozen states are participating in the 27th annual Alliance for Nuclear Accountability (ANA) “DC Days.” They will deliver copies of ANA’s just-published report, The Growing U.S. Nuclear Threat (http://bit.ly/growing_nuclear_threat). The new 20-page analysis dissects the Obama Administration’s latest plans to spend hundreds of billions more on nuclear weapons programs without, the authors conclude, enhancing U.S. security.

Joining the Alliance will be four members of Nuclear Watch New Mexico: Dr. James Doyle, a nonproliferation expert fired by the Los Alamos Lab after writing a study arguing for nuclear weapons abolition; Chuck Montano, former LANL auditor and author of his just-released book Los Alamos: A Whistleblower’s Diary (http://losalamosdiary.com/index.html); Jay Coghlan, Executive Director; and Scott Kovac, Operations Director. “We will use this opportunity to represent New Mexicans who oppose the open checkbook policy for nuclear weapons by Congress to the National Labs,” Kovac stated.

Both Doyle and Coghlan have recently returned from the NonProliferation Treaty (NPT) Review Conference at the United Nations in New York City where they witnessed U.S. officials claiming that one trillion dollar plans for nuclear weapons modernization “contribute to and do not detract from progress on our NPT nuclear disarmament obligations.” But as Ralph Hutchison of the Oak Ridge Environmental Peace Alliance, the report’s editor, noted, “Massive spending on nuclear weapons ‘modernization’ increases the nuclear danger for the U.S. Lack of accountability at DOE wastes billions and puts the public at even greater risk. ANA members from across the country will urge policy-makers to cut programs that fund dangerous boondoggles. The money saved should be redirected to cleaning up the legacy of nuclear weapons research, testing and production.” Participants in DC Days include activists from groups that monitor such U.S. nuclear weapons facilities as Hanford, Lawrence Livermore, Rocky Flats, Los Alamos, Kansas City Plant, Pantex, Sandia, Oak Ridge, Savannah River and the Waste Isolation Pilot Plant.

The Alliance for Nuclear Accountability is a network of local, regional and national organizations representing the concerns of communities downwind and downstream from U.S. nuclear weapons production and radioactive waste disposal sites. As part of its DC Days, ANA will sponsor an Awards Reception honoring leaders of the movement for responsible nuclear policies on Monday evening, May 18. Honorees include U.S. Senator Harry Reid, U.S. Representative John Garamendi, Los Alamos whistleblower Dr. James Doyle, former FBI investigator of Rocky Flats Jon Lipsky, and nuclear campaigner Michael Keegan: The event will take place in Room B-340 of the Rayburn House Office Building from 5:30pm to 7:30pm.

After learning of his award, Dr. James Doyle replied, “It is an honor to be recognized by citizen organizations across the country who have been opposing nuclear weapons at the grassroots for decades.  The Alliance for Nuclear Accountability is an important part of the fabric of our civil society and helps create an informed citizenry essential to our freedom and security.  My case shows that even in America you must be careful when you question nuclear weapons.  These groups have been trying to change that since before I knew what nuclear war would mean for humanity.  I am proud to be working with them to eliminate nuclear weapons.”

– – 3 0 – –

Four Reasons Why U.S. Claims of NPT Compliance Are False

 Four Reasons Why U.S. Claims of NPT Compliance Are False

 In April 2015 the U.S. State Department issued a so-called Fact Sheet entitled Myths and Facts Regarding the Nuclear Non-Proliferation Treaty and Regime. Its targeted audience was international delegations attending the 2015 NonProliferation Treaty (NPT) Review Conference. Given the increasing dissatisfaction of non-nuclear weapons states, the State Department argued that numerical stockpile reductions since the end of the Cold War is ample evidence that the U.S. is complying with the NPT’s Article VI obligation for nuclear disarmament. It also claimed:

 The United States is committed not to pursue new nuclear warheads, and life extension programs will not provide for new military capabilities… infrastructure modernization, stockpile stewardship, and life extension programs for U.S. warheads will contribute to and do not detract from progress on our NPT nuclear disarmament obligations. [1]

 There are four immediate reasons why these claims by the United States Government are false:

1)   While it’s true that the number of weapons is being reduced (albeit more slowly now), the U.S.’ nuclear stockpile is being indefinitely preserved and qualitatively improved through new military capabilities. Clearly this is not the nuclear disarmament required by NPT Article VI.

2)   The United States Government is preparing to spend more than one trillion dollars over the next thirty years for nuclear weapons modernization and new ballistic and cruise missiles, submarines and bombers.[2] [3] This too is obviously not nuclear disarmament.

3)   The new Kansas City Plant has begun operations to produce or procure up to 100,000 nonnuclear components every year for nuclear weapons life extension programs.[4] Multi-billion dollar upgrades and new facilities are planned for expanded production of plutonium pit cores at the Los Alamos Lab and for thermonuclear components (“secondaries”) at the Y-12 Plant near Oak Ridge, Tennessee.[5] These upgrades and new facilities are being designed to produce up to 80 plutonium pits and secondaries per year. Once completed, these three new complexes comprehensively rebuild the production side of the U.S. nuclear weapons complex. Moreover, they are expected to be operational until ~2075.  That is not nuclear disarmament.

4)   The United States Government has a high-level annual plan to indefinitely preserve its nuclear weapons stockpile [6] and a new high-level plan to prevent other countries from acquiring or proliferating nuclear weapons.[7] But the United States Government has no high-level policy plan to implement its NPT Article VI nuclear disarmament obligation.

Concerning indefinite preservation of the nuclear stockpile, the U.S. National Nuclear Security Administration has scheduled programs out to 2040 and beyond that extend the service lives of nuclear weapons by at least 30 years. Moreover, the current B61-12 life extension program will be followed by another program in 2038 to produce the B61-13 nuclear bomb, indicating a perpetual cycle of life extension programs.[8] It also suggests that some form of the B61 nuclear bomb is planned to be forward deployed in Europe until around the year 2070.

Concerning new military capabilities, the B61-12 blurs the line between strategic and tactical nuclear weapons. The B61 life extension program is creating the world’s first nuclear smart bomb through the installation of a new guided tail fin kit that will dramatically increase its accuracy. It is also slated for delivery by the new super stealthy F-35. Yet the United States continues to assert that it would never give existing nuclear weapons new military capabilities.[9]

This is part of a long pattern. Then-U.S. Secretary of State Hillary Clinton told the international delegations at the 2010 NPT Review Conference that “[o]ur Nuclear Posture Review ruled out the development of new U.S. nuclear weapons and new missions and capabilities for our existing weapons.” [10] But at the same time the U.S. was ramping up a life extension program for the 100 kiloton W76 warhead that gave it the capability of assuming the hard target kill mission of the 475 kiloton W88 warhead.[11]  Going further back, in the late 1990’s the 9 megaton surface-burst B53 bomb was replaced by the 400 kiloton B61-11 earth-penetrating modification to destroy hardened deeply buried targets. The point is that the general direction of post-Cold War planning for nuclear warfighting has been toward more accurate weapons with lower yields and reduced fallout, all of which make them arguably more usable.

Nevertheless, the United States maintains that these are not new military capabilities. It apparently avoids talking about the characteristics of individual nuclear weapons types and adopts the position that there are no new military capabilities because of the incalculable amount of extremely destructive military capabilities already in the stockpile as a whole. Thus, by this logic, if a lower yield, more precise nuclear weapon assumes the mission of a higher yield weapon, then that is not a new military capability. If so, then the United States Government’s assertion that it will never give existing nuclear weapons new military capabilities is essentially meaningless, giving it carte blanche to do whatever it wants with its existing stockpile.

The international community should demand that the United States Government fully explain and justify its claim that it would never give existing nuclear weapons new military capabilities, when the evidence points to the contrary. Perhaps that would be a step toward getting serious about global, verifiable nuclear disarmament.


[1]     https://web.archive.org/web/20171105070826/https://www.state.gov/t/isn/rls/fs/2015/240650.htm

[2]     Projected Costs of U.S. Nuclear Forces, 2015 to 2024, Congressional Budget Office, January 22, 2015,

CBO estimates the Administration’s plans for nuclear forces would cost $348 billion over the next decade… For each leg of the triad, most of the cost to procure new systems would occur after 2023.” https://www.cbo.gov/publication/4987

[3]     The Trillion Dollar Triad, James Martin Center, Jan. 7, 2014, http://cns.miis.edu/trillion_dollar_nuclear_triad/

[4]     http://www.nnsa.energy.gov/aboutus/ourlocations/kansas-city-plant

[5]     See the National Nuclear Security Administration’s FY 2016 Stockpile Stewardship and Management Plan, March 2015, Section 2.4.6.3 “Uranium Sustainment” and Section 4.3.3.1 “Strategy for Key Commodities,” https://web.archive.org/web/20171229181847/https://nnsa.energy.gov/sites/default/files/FY16SSMP_FINAL%203_16_2015_reducedsize.pdf

[6]     FY 2016 Stockpile Stewardship and Management Plan, National Nuclear Security Administration, March 2015, https://web.archive.org/web/20171229181847/https://nnsa.energy.gov/sites/default/files/FY16SSMP_FINAL%203_16_2015_reducedsize.pdf

[7]     Prevent, Counter, and Respond – A Strategic Plan to Reduce Global Nuclear Threats, National Nuclear Security Administration, March 2015, https://www.scribd.com/doc/259397464/Prevent-Counter-and-Respond-A-Strategic-Plan-to-Reduce-Global-Nuclear-Threats-FY-2016-2020

[8]        FY 2016 Stockpile Stewardship and Management Plan, National Nuclear Security Administration, March 2015, chapter 2, page 19 and chapter 8, page 18, https://web.archive.org/web/20171229181847/https://nnsa.energy.gov/sites/default/files/FY16SSMP_FINAL%203_16_2015_reducedsize.pdf

[9]       For more, see General Confirms Enhanced Targeting Capabilities of B61-12 Nuclear Bomb, Hans Kristensen, January 23, 2014, http://fas.org/blogs/security/2014/01/b61capability/

[10]    Hillary Clinton’s Remarks before the 2010 NPT Review Conference, May 3, 2010, https://web.archive.org/web/20120930181944/http://www.cfr.org/united-states/hillary-clintons-remarks-before-2010-npt-review-conference/p22042

[11]    For more, see Administration Increases Submarine Nuclear Warhead Production Plan, Hans Kristensen, August 30, 2007, http://fas.org/blogs/security/2007/08/us_tripples_submarine_warhead/

NM Environment Department Starts Clock on Four Legacy Waste Penalties at LANL

NM Environment Department Starts Clock on Four Legacy Waste Penalties at LANL

The New Mexico Environment Department (NMED) has sent notices to Los Alamos National Laboratory (LANL) that the State intends to assess penalties for four environmental reports that have missed required deadlines. Each report could be subject to penalties of $1000 per day for the first 30 days late and $3000 per day thereafter starting at the date of the notice. These four assessments for FY2015 reports under the Consent Order (CO) showed up on the Los Alamos Electronic Public Reading Room (EPRR) daily notifications.

These four are the first Stipulated Penalties since 2009 that have assessed by NMED under the 2005 Consent Order. In January 2012, the State and DOE/LANL agreed to a “Framework Agreement”, which focused on shipping transuranic (TRU) waste from LANL to WIPP, and put the CO on the back burner. We believe that there were no Stipulated Penalties Lists at all for FY13 and FY14. NMED granted approximately 100 extensions to CO deliverables during this time, which were not subject to penalties.

Before the beginning of each DOE fiscal year (October 1st) NMED and DOE/LANS work out which 15 deliverables to the CO will have potential penalties attached during the upcoming fiscal year. These deliverables are documents or reports that cover activities required under the 2005 Consent Order, which lays out the fence-to-fence cleanup of legacy waste on the Lab’s 36 square miles. For instance, after a mandatory monitoring well is drilled, a Well Completion Report would be required. Each year there may be 40 to 50 or so deliverables required by the State, of which only 15 are chosen to be subject to penalties for being late or deficient.

TRU waste shipments stopped in February 2014 when a TRU waste drum (improperly packaged at LANL) overheated and released radiation in the underground at WIPP. The radiation reached the surface of WIPP and contaminated 21 workers. This TRU waste at LANL is not actually covered under the Consent Order, but much of the aboveground TRU (originally scheduled to be shipped before 2012) is physically in the way of CO cleanup at the Lab.

In December 2014, NMED fined DOE/LANL $37 million and DOE/WIPP $17 million for the release at WIPP. NMED Secretary Ryan Flynn has hinted that there may be up to $104 million in possible additional fines to DOE/LANL that also have nothing to do with consent order. But the four recent notices are all about the Consent Order.

These CO Stipulated Penalties may seem small compared the potential $100 million fines, but the Consent Order itself is the primary driver for cleanup at the Lab. There are millions of cubic meters of hazardous and radioactive wastes and contaminated backfill buried at LANL. These wastes will pose a permanent threat to our aquifer unless removed.

“The Consent Order was designed to keep pressure on cleanup of legacy waste at Los Alamos. Penalties for missed deadlines are aimed at forcing DOE headquarters in DC to provide sufficient funding. We are pleased that NMED is focusing on the Consent Order again and not backing away from assessing penalties. We have a long way to go and we must all remain vigilant as the Lab addresses each of the many cleanup sites at Los Alamos.” ~ Scott Kovac, Operations and Research Director, Nuclear Watch New Mexico

Consent Order Stipulated Penalty Documents for Federal Fiscal Year 2015

LANL Consent Order Extensions as of Jan 6 2015

Intent To Assess Stipulated Penalties – Phase II Investigation Report For Upper Canada Del Buey Aggregate Area, March 13, 2015

Intent To Assess Stipulated Penalties – Investigation Report For Upper Water Canyon Aggregate Area, March 13, 2015

Intent To Assess Stipulated Penalties – Installation And Instrumentation Of Six Boreholes At Material Disposal Area T at Technical Area 21, March 18, 2015

Intent to assess stipulated penalties – Investigation report for Starmer/Upper Pajarito Canyon Aggregate Area

 

 

Los Alamos Cleanup Budget Request Slips to 8% for FY 2016

 

Los Alamos Cleanup Budget Request Slips to 8% for FY 2016

 

 

 

 

 

 

 

Even as Los Alamos National Laboratory (LANL) faces more fines from the State for missed environmental cleanup, the cleanup budget request slips to 8% of the Lab’s total budget of $2.2 billion. The request for cleanup for Fiscal Year 2016 is $185.2 million. See the full chart and Lab tables here.

Even this ridiculously small amount is under attack. The ABQ Journal reported that the Department of Energy could be planning to pay for existing LANL fines out of this cleanup budget. In December 2014 the New Mexico Environment Department (NMED) issued fines totalling $37 million for improper waste handling that closed the Waste Isolation Pilot Plant in SE NM.

But really, the breeched drum that closed WIPP (full operations will not resume until 2018 at the earliest) came from the nuclear weapons activities programs. It’s like the weapons program handed the environmental cleanup program a ticking time bomb and said, “You deal with it.” Then when it blows up, it gets blamed on the environment folks. Reckless historic environmental practices by the nuclear weapons programs at the Lab have left a legacy of radioactive and hazardous wastes in the ground above our aquifer.

The official estimate for the total cleanup at Los Alamos has yet to be released. But it could easily $15 – 20 billion to remove the contamination threatening our future. Doing the math, a $15 billion cleanup estimate at $200 million per year would take 75 years. That is too long.

Ask your Congressional Representatives to fully fund cleanup at Los Alamos National Laboratory and to NOT use cleanup funds to pay any fines!

NM Senator Tom Udall

NM Senator Martin Heinrich

NM Congressional Representative Ben Ray Lujan

Tom Udall’s Stand

The New Mexican
Feb. 26, 2015
Letter to the Editor

http://www.santafenewmexican.com/opinion/letters_to_editor/letters-to-the-editor-feb/article_74b054a2-432f-5f0e-8fb1-ec972291a10f.html

Udall’s stand

A recent New Mexican article (“Udall weighs in on LANL’s next mission: Pits,” Feb. 22) quotes Sen. Tom Udall, “As long as we have nuclear weapons, they have to have pits, and Los Alamos does that.” He then goes on to hope that future international agreements would lower the need for plutonium “pit” cores of nuclear weapons.

Udall explicitly supported a huge new plutonium facility at LANL for expanded pit production, and a “life extension program” for an existing nuclear weapon that is creating the world’s first nuclear smart bomb. Expanded plutonium pit production is for future life extension programs that seek to not only indefinitely preserve existing nuclear weapons, but also give them new military capabilities, despite U.S. government denials. Udall can’t have it both ways, wishing for future limits on plutonium pit production while supporting the very programs and facilities that will expand production. He needs to stand up, pick one or the other, and make clear whether he is working for a world free of nuclear weapons or not.

Jay Coghlan
Nuclear Watch New Mexico
Santa Fe.

 

Questions for the DOE FY 2016 Nuclear Weapons and Cleanup Budget Request

The Administration releases its  Congressional Budget Request this Monday, February 2, 2015.

Questions for the U.S. Department of Energy FY 2016 Nuclear Weapons and Cleanup Budget Request

From

Alliance for Nuclear Accountability

A national network of organizations working to address issues of nuclear weapons production and waste cleanup

The US nuclear weapons budget continues to spiral out of control. Look for double-digit increases in Department of Energy (DOE) weapons activities. Core nonproliferation programs will be cut because of funding for mixed-oxide fuel. Cleanup of radioactive and toxic pollution from weapons research, testing, production and waste disposal will fall further behind. The DOE budget for FY 2016 will illuminate the Obama Administration’s misplaced nuclear priorities.

The Alliance for Nuclear Accountability (ANA), a 28-year-old network of groups from communities downwind and downstream of U.S. nuclear sites, will be looking at the following issues. For details, contact the ANA leaders listed at the end of this Advisory.

— Does the budget request boost funding for “modernization” programs that indefinitely maintain nuclear warheads? Such funding is contrary to the Obama Administration’s previously declared goal of a future world free of nuclear weapons.

— Does the budget reflect the Administration’s commitment to reduce funding (currently $335 million) on the multi-billion dollar Uranium Processing Facility at Oak Ridge by downsizing it to the capacity needed to support stockpile surveillance, maintenance and limited life extension?

— Does the budget increase funds for nuclear weapons dismantlement capacity? Will cooperative programs with Russia be maintained?

— Is there increased funding for expanded production of plutonium bomb cores? Why is expanded production needed when expert studies find that existing plutonium pits are durable?

— Is more than $300 million provided for the National Ignition Facility (NIF) at Livermore Lab that has repeatedly failed to achieve “ignition”? What is the funding level for uncontained plutonium shots although they will taint the NIF target chamber and optics with alpha radiation?

— Does the budget seek an increase for the B61 Life Extension Program (currently $643 million)?

— As DOE affirms that the $30-billion plutonium fuel (MOX) project at the Savannah River Site is financially unsustainable, is the MOX plant construction again proposed for “cold standby” (~$200 million) or a level to barely allow it to survive (~300+ million)? Does the budget include the current validated base-line cost of MOX plant, a validated construction and operation schedule and names of nuclear utilities willing to use experimental MOX fuel?

— Does the budget include $0 for Yucca Mountain? No funding is consistent with past requests that terminate this technically flawed site that is strongly opposed by Nevada state officials and the public.

— Does the budget provide additional Environmental Management (EM) funding (currently $5 billion) to meet all legally mandated cleanup milestones? States say cleanup agreements at a dozen major sites are underfunded by hundreds of million dollars.

– How will DOE and its contractors pay fines for missing milestones? In the past three months, the states of New Mexico, Idaho, and Washington have issued fines of tens of millions of dollars, and fines loom in South Carolina. In which other states does DOE face fines and lawsuits for missing milestones?

— What is the high range for total life-cycle cleanup costs (LCC) for EM sites? Because of funding shortfalls, High Range LCC costs have increased from $308.5 billion in the FY 2013 Budget Request, to $330.9 billion in the FY 2014 Request, and were $328.4 billion in the FY 2015 Request.

— How much does the budget include for the shut down of the Waste Isolation Pilot Plant (WIPP)? How much is for recovery and how much for waste emplacement (previously $220 million a year) even though no waste is being emplaced? How much additional funding is requested for the Idaho National Lab, Los Alamos, Savannah River, and Oak Ridge because of the shutdown?

— Does the budget for Hanford (more than $2 billion) protect workers from toxic chemical exposures, provide an Operational Readiness Review of the nuclear safety of the Waste Treatment Plant, and fund construction of new double-shell tanks to replace the leaking ones?

— Does the budget increase funding (currently $28.5 million) for the Defense Nuclear Facilities Safety Board (DNFSB) to provide independent oversight of DOE projects because of the many cost overruns, schedule delays, safety culture issues and technical problems?

— Is the funding for design and licensing of Small Modular Reactors (SMRs) enough to make them viable? As private financing is lacking, will DOE reaffirm that it will not finance SMR construction?

 

For further information, contact:

Jay Coghlan jay(at)nukewatch.org

 

Download the pdf and more contact info here.

 

Nuclear Weapons Sites Evaluations Released After NukeWatch requests

Performance Evaluation Reports For Nuclear Weapons Sites Continue to be Released After Nuclear Watch NM Freedom of Information Act requests

In response to a Freedom of Information Act (FOIA) lawsuit filed by Nuclear Watch New Mexico on March 28, 2012, the National Nuclear Security Administration (NNSA) released the FY2011 Performance Evaluation Reports for its eight nuclear weapons sites. These reports are the government’s scorecard for awarding tens of millions of dollars to nuclear weapons contractors, and were available to the public until 2009. But after that time NNSA withheld them in a general move toward less contractor accountability. We sought to begin to reverse that with our litigation.

In Spring 2013, NNSA released “Summary Reports” of the Weapons Sites’ FY2012 Performance Evaluation Reports (PERs). Nuclear Watch NM requested and received the full reports, which are posted on our site.

By Fall 2014, the FY2013 had still not been made publically available. In November 2104, Nuclear Watch NM filed a Freedom of information Act request for the FY2013 PERs. These PERs were posted online in December 2014.

Getting tired of waiting for the PERs every year made us file a Freedom of Information Act request for the FY2014 PERs sooner, which we did in mid December. The FY14 Performance Evaluation Reports were released this week, which is the earliest in the year that the PERs which been released in many years.

NNSA should be posting these important reports online without making us take up our valuable time filing for them. The Freedom of Information Act requires that “Frequently Requested” documents be posted in a reading room.

We don’t like it that we have to keep asking for the same reports year after year, especially reports that relate to such important programs and such large sums of taxpayers’ money. NNSA But we will keep doing it.

Check out our NNSA Performance Evaluation Page.

 

Nonproliferation Expert Highlights Need for New Tools for Nuclear Nonproliferation and Verification

Nonproliferation Expert Highlights Need for New Tools for Nuclear Nonproliferation and Verification

January 12,2015, nonproliferation expert Dr. James Doyle is releasing a report making the case for expansion of the nation’s nonproliferation programs, and will brief key congressional staff on his findings. While in Washington DC, Dr. Doyle is also meeting with the Department of Energy on his contractor employee protection (AKA whistleblower) program complaint regarding his termination from the Los Alamos National Laboratory (LANL). The Lab claims he was merely laid off, after he wrote his study Why Eliminate Nuclear Weapons? arguing for abolition. LANL initially cleared his study for release, but then retroactively classified it, despite the fact that it was already available on the Internet.

Dr. Doyle’s new study, Essential Capabilities Needed for Nuclear Security: A National Program for Nonproliferation and Verification Technology Development, builds upon his earlier study. In this new study, written in collaboration with Nuclear Watch New Mexico, Doyle seeks to encourage development and/or deployment of new and existing verification and monitoring technologies that would help make a future world free of nuclear weapons more technically and politically feasible.

Doyle observed, “Nonproliferation and arms verification have for too long been considered “soft power” tools of the diplomatic and arms control communities. Real nuclear security requires that we now consider these capabilities as vital elements of our national security infrastructure. They are potent “smart power” tools offering unique advantages in a rapidly evolving nuclear security environment, which unfortunately includes the threat of nuclear terrorism. Aggressive verification and monitoring technologies will produce a far greater national security return on the taxpayer dollar than will exorbitant “modernization” programs for an unnecessarily oversized nuclear arsenal.”

He continued, “As America allegedly reduces its reliance on nuclear weapons and hopefully further reduces the size of its stockpile, it needs new tools and new capabilities to keep weapons and materials secure and verify that other nations are complying with similar obligations. To meet these needs a new, integrated multiagency program to develop nonproliferation, verification and monitoring technologies for nuclear security should be initiated without delay.”

Some key findings of Doyle’s new report are:

• The program to develop new nonproliferation, verification and monitoring technologies should be funded as a core aspect of the nation’s nuclear infrastructure modernization plan, and thus implemented jointly by the National Nuclear Security Administration and the Department of Defense, with guidance from the State Department, intelligence community and National Academy of Sciences.

• Responsibility for this interagency mission should be assigned to high-level officials who have budget and program authority across the nuclear weapons and nonproliferation programs within the Departments of Defense and NNSA. The State Department should assign a senior task force leader to coordinate with the DoD and NNSA program directors.

• The program should maximize international collaboration, including Russia. Program plans and activities should be a central element of the P-5 dialogue on verification. Other non-nuclear weapons states that support verification and monitoring R&D should also be involved.

· The need for this program was formally codified as an explicit objective in the Obama Administration’s 2010 Nuclear Posture Review, and has been repeatedly articulated by both the U.S. government and independent assessments. That need should be met now. Failure in the form of a nuclear detonation on American soil (or anywhere) is not an option

Jay Coghlan, Nuclear Watch Director, commented, “The nuclear weapons establishment is planning to spend more than a trillion dollars to “modernize” existing weapons, and build new missiles, subs and bombers. Meanwhile, the NNSA is cutting nonproliferation and dismantlement programs to help pay this colossal bill. This is exactly upside down. We should be making smart investments into new nonproliferation, verification and monitoring technologies that will help make a world free of nuclear weapons feasible, eliminating the threat for all time.”

Dr. James Doyle’s report is made possible by the support of the Ploughshares Fund.

His full report, Essential Capabilities Needed for Nuclear Security:

A National Program for Nonproliferation and Verification Technology Development, is available here.

It contains an extensive list of already developed verification and monitoring technologies that have yet to be broadly deployed to help protect the nation.

An executive summary is available here.

Doyle’s February 2013 study Why Eliminate Nuclear Weapons? is available here.

 

 

 

More WIPP Fallout: NNSA Cuts Los Alamos Lab’s Award Fees by 90%

FOR IMMEDIATE RELEASE December 29, 2014
Contact:  Jay Coghlan, Nuclear Watch NM, 505.989.7342, c. 505.470.3154, [email protected]

More WIPP Fallout:
NNSA Cuts Los Alamos Lab’s Award Fees by 90%
Watchdogs Say Management Contract Should Be Put Out for Bid

Santa Fe, NM – Today, Los Alamos Lab Director Charles McMillan notified LANL employees that the National Nuclear Security Administration (NNSA) had slashed FY 2014 management award fees to $6.25 million. Seventeen million dollars were available in fixed fees, and around $40 million in incentive fees, resulting in a 90% cut to potential awards. In addition, NNSA declined to grant a previously pro forma one-year contract extension, and most remarkably rescinded a contract extension from an earlier year (see more below). As justification, the agency invoked a ““First Degree” performance failure… [that] created damage to DOE property or costs for cleaning, decontaminating, renovating, replacing or rehabilitating property that in aggregate exceed $2.5 million.”

This is more fallout from WIPP. The Los Alamos National Laboratory (LANL) used unapproved radioactive waste treatment procedures that resulted in a ruptured drum at the Waste Isolation Pilot Plant, contaminating 21 workers and indefinitely closing that multi-billion dollar facility. It will cost an estimated half-billion dollars to reopen WIPP, which will likely double. Additionally, the New Mexico Environment Department has proposed $54 million in fines against LANL and WIPP, and Congress has cut $40 million from cleanup programs at the Lab, while adding $100 million to help reopen WIPP.

LANL is managed by Los Alamos National Security, LLC (LANS), whose two main partners are the University of California (UC) and the privately held Bechtel Corporation. UC ran the Lab as a nonprofit until June 2006, and received approximately $8 million in annual compensation. In contrast, the for-profit LANS was awarded $51.9 million in FY 2013, or more than six times the old nonprofit fee, for no apparent improvement in contract management. LANL Director Charles McMillan is compensated $1.5 million annually, while also acting as president of the for-profit limited liability corporation, a possible conflict of interest.

Because of grossly substandard performance, the Project On Government Oversight and Nuclear Watch New Mexico had jointly asked the Department of Energy Secretary to cut LANS’ FY 2014 incentive fee at least in half. NNSA’s final decision far exceeds our request. Jay Coghlan, Director of Nuclear Watch New Mexico, commented, “We strongly praise NNSA for gutting LANS’ award fees. This sends an unmistakable message to contractors that they will be held accountable, which has been sorely missing to date. However, in light of LANS’ miserable performance, NNSA should take the next big step and put the management contract out to bid. NNSA and Congress should also consider whether for-profit management of the nuclear weapons complex is really in the country’s best interests, when the track record demonstrates that it’s not.”

In addition to the WIPP fiasco, another monumental failure occurred in July 2012 when three elderly protestors broke into a highly secure area, previously thought impregnable, at the Y-12 nuclear weapons plant in Oak Ridge, TN. The for-profit contractor had self-appraised its security program management as “excellent” and physical security as “good” in the preceding official “Performance Evaluation Report,” which the NNSA approved and paid for with taxpayer dollars.

Concerning LANS’ own substandard performance, LANL has been incapable of conducting major operations at its main plutonium facility since the end of June 2013 because of serious nuclear criticality safety concerns. This belies the fact that the Lab is the country’s only designated, so-called “Plutonium Center of Excellence.” Bechtel has had a particularly troubled performance history with the Department of Energy. Under Bechtel management estimated costs for the Waste Treatment Plant at the Hanford nuclear reservation soared from $3.5 billion to $13 billion, with numerous complaints of retaliation against whistleblowers.

Similarly, under Bechtel’s partnership management of the Los Alamos Lab, estimated costs for the Chemistry and Metallurgy Research Replacement Project (CMRR) mushroomed from around $600 million to $6.5 billion, leading to cancellation of the proposed “Nuclear Facility.” Lab Director McMillan now pushes for a multi-billion dollar “modular” substitute for the CMRR Nuclear Facility, whose mission would be expanded production of plutonium pits, the fissile cores of nuclear weapons. However, existing nuclear weapons don’t need expanded pit production, implying that it would be for unspecified future nuclear weapons. In any event, LANL has questionable competency to perform any plutonium pit production at all.

On a final related matter, to its credit NNSA posted the LANS FY 2014 Fee Determination Letter and Notice of Reduction. However, the agency did not post the full Performance Evaluation Report upon which they are based. Jay Coghlan commented, “NNSA’s decision to slash LANS’ fees is very welcomed, but far greater transparency is still needed. Nuclear Watch New Mexico successfully sued in the past to make full Performance Evaluation Reports publicly available. We will sue again if our current Freedom of Information Act request for the full FY 2014 Performance Evaluation Report is not soon satisfied.”

LANS received a 68% contractor performance rating for FY 2012, but was given a waiver by the NNSA fee determination officer (who soon thereafter became the NNSA Administrator). That waiver gave LANS additional taxpayer-paid fees and granted it another contract extension, when the required minimum threshold was 80%. Nuclear Watch New Mexico discovered this after litigation that obtained the full FY 2012 Performance Evaluation Report. Congress subsequently required NNSA to report any future waivers to the Armed Services and Appropriations Committees, effectively ending that practice. This does, however, demonstrate the importance of public access to NNSA’s full Performance Evaluation Reports, so that taxpayers can know that nuclear weapons contractors are being held accountable.

# # #

References:

1.   NNSA, FY 2014 Performance Evaluation Report, Fee Determination Letter, Los Alamos National Security, LLC, https://web.archive.org/web/20170128035135/https://nnsa.energy.gov/sites/default/files/nnsa/inlinefiles/FY14%20LANS%20FDO%20Letter.pdf

2.   NNSA, Contracting Officer’s Notice of Reduction of LANS FY 2014 Fixed Fee and Forfeiture of Previously Earned Award Term, https://web.archive.org/web/20170212143207/https://nnsa.energy.gov/sites/default/files/nnsa/inlinefiles/Contracting%20Officer%20Notice%20of%20Reduction%20of%20LANS%20FY14%20Fixed%20Fee%20and%20Incentive%20Fee.pdf

3.   December 3, 2014 joint POGO and Nuclear Watch NM letter to DOE Secretary Ernest Moniz urging reduced award fees for the Los Alamos Lab contractor. https://nukewatch.org/importantdocs/resources/POGO-NukeWatch-Moniz-Sandia-performance-12-19-14.pdf

4.   LANL Director Charles McMillan December 29, 2014 announcement to Lab employees:

To/MS:LANL-ALL
From/MS: Charles F. McMillan, DIR, A100
Phone/Fax:7-5101/7-2997
Symbol:DIR-14-246
Date: December 29, 2014

SUBJECT:  FY2014 NNSA PERFORMANCE REVIEW

NNSA has presented the Laboratory with our annual performance
evaluation report (PER) for FY2014. As expected the overall
results are not, with several notable exceptions, positive.

The fee for Fiscal Year 2014 was reduced to $6.25 million.  Given
the events surrounding our breached drum at WIPP and the severity
of the issue, the Laboratory received a rating of
“unsatisfactory” in operations and infrastructure and a score of
zero in that area which accounted for the significant reduction
in fee.

Although the WIPP incident weighed very heavily on our overall
evaluation from NNSA we performed well in the areas of our core
nuclear weapons work, global security, and science. This good
performance prompted written praise from NNSA Field Office
Manager Kim Davis Lebak as well as in the PER. Lebak said, “The
majority of the work performed by the Laboratory met or exceeded
NNSA expectations.”

I want to emphasize that our true value as a Laboratory should be
measured by the contributions we make to national security. This
is something we can all be very proud of. According to the PER
our nuclear weapons mission and global security mission each
“exceeded expectations.”  The PER cited many weapons program
highlights including: assisting Pantex to surpass the recovery
schedule for W76-1 production, execution of the Leda experiment
at Nevada, advances in the plutonium strategy, and excellent
progress in support of B61-12.  In global security, according to
the PER, “The Laboratory’s efforts were high impact and largely
successful, especially in the areas of Nuclear Safeguards and
Security, the Nuclear Counterterrorism Program, the Nuclear Non-
Compliance Verification Program and Non-Proliferation Research
and Development.”

Despite the challenges of fiscal uncertainty during the past
year, the Laboratory has made significant strides in many areas.
Our mission deliverables included multiple activities and studies
that increased our understanding of the U.S. nuclear deterrent.

An update to the W78 life expectancy study was delivered, along
with analyses related to the B61, W76, W78, and W88 systems.  In
the broader national security mission the Laboratory was
instrumental in supporting the removal of low-enriched uranium
from Russia, hosting the IAEA non-destructive inspector training
course, and developing USAF satellite-based treaty verification
instruments.

In addition, the PER calls out our science, technology and
engineering missions for advancing the state of research and
utilization of the exceptional scientific resources of the
Laboratory including Laboratory Directed Research and Development
(LDRD).   According to the PER, “The Laboratory has reinforced
its stature as one of the preeminent scientific institutions of
the nation.” Indeed, we pushed the boundaries of science,
technology and engineering with major feats, such as: being
chosen to develop SuperCam for the Mars 2020 mission, supplying
unique RAPTOR telescope data on the birth of a black hole,
leading the development of a “desktop” human surrogate device,
and collaboration on the characterization of the damage to the
Fukushima nuclear plant.

Operationally, despite setbacks and shortcomings, we saw progress
and momentum in key areas:
*             Safety and environmental performance are at historically
positive levels.  Injuries and days away from work due to
safety issues are lower than ever before.  The Laboratory
was named a “Star Site” of the Voluntary Protection Plan
program, the largest site in the DOE complex to earn the
star level;
*             Site-wide energy usage was reduced and water consumption
was reduced by 18 percent over last fiscal year;
*             An upgrade project for plutonium facility security was
completed and seismic and fire protection upgrades at TA-55
were completed; and
*             Significant progress was made on construction projects,
including TA-55 revitalization, the Transuranic Waste
Facility, and the Los Alamos Neutron Science Center.

To position the Laboratory to deliver on our future national
security missions we made significant progress with NNSA on
plutonium strategy including the “modular” approach to
infrastructure that will reduce risk associated with the
construction of targeted facilities while meeting mission needs,
safety and security, and regulatory requirements.  We also
awarded a contract to Cray Inc. to build the next-generation
supercomputer, Trinity.  Trinity will play a key role in
assessing future issues, both known and unknown, in the U.S.
nuclear deterrent.

Although this was a very tough year for the Laboratory I am
optimistic that next year will be better. I am determined to do
all that I can to make it so. My personal priorities will be to
continue to make progress on getting PF-4 fully restarted,
continuing collaboration with DOE on an effective and efficient
transition of the Environmental Management program scope, and
enhancing our management and leadership capabilities by filling
key vacancies and correcting operational deficiencies.

I would like to personally thank each of you for the hard work
and wish you and your family members a safe and happy holiday
season. Enjoy your well-deserved break and come back in the New
Year rededicated to serving the national security needs of this
country.

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