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 In addition, NNSA declined to grant a previously pro forma one-year contract extension, and most remarkably rescinded a contract extension from an earlier year (see more below).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.

GAO Seeks Broader Analysis For Proposed Liquid Waste Facility at LANL

GAO Seeks Broader Analysis For Proposed Liquid Waste Facility at LANL

The Government Accounting Office (GAO) was mandated to review the  “analysis of alternatives” (AOA) process applied by NNSA. The process entails identifying, analyzing, and selecting a preferred alternative to best meet the mission need by comparing the operational effectiveness, costs, and risks of potential alternatives. GAO developed a set of practices by reviewing AOA policies and guidance used by seven public and private-sector entities with experience in the AOA process. GAO’s review of DOE’s requirements for AOAs found that they conform to only 1 of the 24 best practices: the practice of defining functional requirements based on mission need.

DOE and NNSA officials acknowledge that unreliable AOAs are a risk factor for major cost increases and schedule delays for NNSA projects. As GAO has previously reported, NNSA has spent billions of dollars designing and partially constructing projects with an estimated cost of $750 million or more, only to later reassess alternatives. NNSA may continue on this path and continue to have limited assurance that it is selecting alternatives that best meet its mission needs and will not result in major cost increases and schedule delays in the future.

Overall, the National Nuclear Security Administration’s (NNSA) analysis of alternatives (AOA) conducted for the Radioactive Liquid Waste Treatment Facility (RLWTF) project only partially met best AOA practices. The mission need for this project—to replace the current, aging facility—was approved in October 2004. NNSA approved an initial AOA for this project in 2006, and after substantial cost increases, conducted a second AOA (analyzed here) in 2013. NNSA currently estimates the project will cost between $168 million and $220 million.

The GAO compared the AOA conducted at the Radioactive Liquid Waste Treatment Facility at LANL with AOA best practices in 24 areas.

For instance in best practices, the team or the decision maker defines selection criteria based on the mission need. What LANL actually did only partially met best practices because the Lab included in the project documentation brief summaries of the selection criteria used but did not describe how these were based on the mission need. LANL included only one of these selection criteria—the scope—in the mission need statement.

In another case, the team or the decision maker is supposed to weigh the selection criteria to reflect the relative importance of each criterion. Here best practices were not met because LANL did not include weighting selection criteria in project documentation.

The ailing facility is still operating.

During 2013, all treated water from the RLWTF was fed to the effluent evaporator. The evaporator was operated 3654 hours on 201 days during 2013, in both one-burner and two-burner mode. A total of 2.64 million liters of treated water were fed to the evaporator, and 2.55 million liters were discharged to the environment as steam from the evaporator stack.

Curies of radioactive materials fed to the effluent evaporator during 2013 were calculated by multiplying the evaporator feed volume (2,638,330 liters) times the flow-weighted average concentration of each radionuclide. Feed to the effluent evaporator in 2013 contained approximately 4.9E-04 curie alpha radioactivity, 3.35E-04 curie beta radioactivity, and 1.7E-02 curie of tritium.

This RLWTF is vital to nuclear weapons production operations at the Lab. But equipment failures could pose a risk to facility workers.

 

DOE AND NNSA PROJECT MANAGEMENT: Analysis of Alternatives Could Be Improved by Incorporating Best Practices

GAO-15-37: Published: Dec 11, 2014. Publicly Released: Dec 11, 2014.

 

Authors: Del Signore, John C. [Los Alamos National Laboratory]

2014-11-25, LA-UR-14-29097

Comments to DOE Re: Transition of Legacy Clean-up Work at Los Alamos National Laboratory

December 10, 2014

Jack R. Craig, Jr.

DOE EM

Re: Transition of Legacy Clean-up Work at Los Alamos National Laboratory

Mr. Craig,

Please consider these preliminary comments and requests concerning the transition of legacy clean-up work at Los Alamos National Laboratory.

Through comprehensive research, public education and effective citizen action, Nuclear Watch New Mexico seeks to promote safety and environmental protection at regional nuclear facilities; mission diversification away from nuclear weapons programs; greater accountability and cleanup in the nation-wide nuclear weapons complex; and consistent U.S. leadership toward a world free of nuclear weapons.

First, we request that alternatives to the current Department of Energy contract process be considered. The privatization of the nuclear weapons complex may be failing the U.S. taxpayer. Cost overruns plague the current system. Different variations of the same contractors still continue to line up for different variations of the same contracts. Yet, with a few exceptions, cleanup only crawls along. Many of the sites are still contaminated decades after the work was completed.  And now, WIPP is shut down.

We ask that alternatives such as looking to governmental agencies instead of private contractors be tasked with cleanup at Los Alamos. For instance, could the Army Corp. of Engineers do the job?

We also strongly request that alternatives to “No-Bid” and “Cost-Plus” contracts be considered first. Recently, Senate Armed Services Committee Chairman John McCain spoke to prohibit the Pentagon from awarding cost-plus contracts, arguing such deals encourage nefariousness. (DefenseNews.com, December 5, 2014)

Second, if a conventional contract is used, we request that the following specific items be included in the proposed new EM contract at LANL. We also ask that these items be included in the ‘bridge’ contract:

  • Must be tied to LANL Consent Order and LANL RCRA permit.
  • Any “campaigns” must be legally binding, and not used as justification to miss Consent Order milestones.
  • Should be more incentive based – less fixed.
  • Should be more transparent like ARRA, including public availability of Performance Evaluations.
  • Should have dramatically lower overhead costs, for example lower security and no LDRD costs. These overhead costs should be made public just as the old Functional Support Costs were available to the public.
  • Must include public update meetings semi-annually.
  • Should favor local/regional economic development.
  • Must have public update meetings at least semi-annually.

Third, for the new bridge contract and any final contract we ask:

  • Cleanup must continue at current pace during transition.
  • There must be a new lifecycle baseline – with the range with assumptions spelled out. Comprehensive cleanup must be considered, not just cap and cover.
  • Corrective Measures Evaluations must be completed on all areas as one of the priorities.

Finally, concerning the new bridge contract, the synopsis doesn’t address the issue of how much LANS will be paid under the to-be-finalized bridge contract in relation to how much it would have been paid under the existing contract. It also doesn’t state which of the tasks mentioned are different than under the existing contract. We request that costs and tasks be fully described in the to-be-finalized bridge contract.

Thank you for your consideration in these matters and please call if you have any questions.

Sincerely,

Jay Coghlan                                                            Scott Kovac

Executive Director                                                Research Director

Safety Analysis Flaws Plague Los Alamos TRU Waste Handing Facility

Safety Analysis Flaws Plague Los Alamos TRU Waste Handing Facility

The Defense Nuclear Facilities Safety Board (DNFSB) believes that the Radioassay and Nondestructive Testing (RANT) Shipping Facility at Los Alamos National Laboratory must resolve safety issues prior to resuming operations. The DNFSB staff review team identified “significant flaws” in hazard and accident analyses.

The RANT Shipping Facility is used to load transuranic (TRU) waste, typically either waste drums or standard waste boxes, into TRUPACT shipping containers. This facility supports the LANL TRU program and will be used long-term. The RANT Shipping Facility is currently in standby with no TRU waste present, pending the resumption of TRU waste shipments.

In November 2013, the contractor, LANS, submitted a new safety analysis, called a Documented Safety Analysis (DSA), to DOE oversight officials at the Los Alamos Field Office (LAFO) for approval. In February 2014, WIPP was shut down due to a radiation leak in the underground. It is believed that wheat-based kitty litter was mixed with nitrate salts in a transuranic waste drum as it was processed at Los Alamos that potentially caused the reaction that breached the container. In July 2014, LAFO completed its review of the RANT DSA and noted only four actions needed.

The DNFSB staff reviewed the DSA and identified significant weaknesses in the hazard analysis (HA), accident analysis, and safety controls. The review revealed inadequate identification and implementation of safety controls to protect the public and workers.

The DNFSB report found that LANS and LAFO underestimated consequences from potential crane failure accidents, seismic events, and fires. Underestimating possible consequences like these can lead to increased radiologic releases to the environment.

Defense Nuclear Facilities Safety Board Staff Issue Report September 29, 2014

Below is a Google Earth image of the RANT facility. Notice the 8 TRUPACT trailers with three round TRUPACT containers each on them.

NNSA Governance Advisory Panel Condones Diminishing Federal Oversight Of Failing Contractors

Santa Fe, NM – Yesterday, the Congressional Advisory Panel on the Governance of the Nuclear Security Enterprise released its long awaited report, entitled “A New Foundation for the Nuclear Enterprise.” According to enabling language in the FY 2013 Defense Authorization Act, “The purpose of the advisory panel is to examine options and make recommendations for revising the governance structure, mission, and management of the nuclear security enterprise.” This means the nuclear weapons complex owned by the Department of Energy’s semi-autonomous National Nuclear Security Administration (NNSA) and run by its contractors. In an attempt to give increased prominence to nuclear weapons programs, the Panel goes so far as to recommend that the Department of Energy be renamed the Department of Energy and Nuclear Security.

The Panel itself is full of conflicts-of-interest. It is co-chaired by Norman Augustine, the former CEO of Lockheed Martin, which is the sole manager of the Sandia Labs and runs the Y-12 and Pantex nuclear weapons production plants in partnership with the Bechtel Corp. The other co-chair, Admiral Robert Mies, sits on the Board of Governors of both for-profit contractors that run the Los Alamos and Lawrence Livermore Labs, as do former congresswoman Ellen Tauscher and Michael Anastasio, former director of both labs. Yet another panel member, Franklin C. Miller, sits on the Sandia Corporation Board of Directors.

But the most questionable panel member is former Congresswoman Heather Wilson (ex.-R-NM). While still in office she signed a contract for “consulting” services with the Sandia National Laboratories that had no written work requirements. The day after she stepped down from office she started being paid $10,000 a month, and went on to secure a similar contract from the Los Alamos Lab for the same amount of money. The DOE Inspector General has recently found that the Sandia contractor (wholly owned by Lockheed Martin) had engaged in highly improper, if not illegal, lobbying of Congress for contract extensions, in which Heather Wilson was “deeply, deeply involved.” Both Sandia and LANL were forced to return to the government the $450,000 they had paid to Wilson, but she has not returned any money.

The Panel’s report laments the dysfunctional relationship between NNSA and its contractors, and deplores the loss of mutual trust. But while profits are rising, contractors are being held to fewer and fewer performance benchmarks, which the Panel does little if anything to fix. Performance benchmarks were previously codified in annual Performance Evaluation Plans (PEPs), but have been subsequently stripped. As a case in point, the FY 2012 Performance Evaluation Plan for the Los Alamos Lab contractor was 89 pages long, full of concrete performance benchmarks. The restructured FY 2013 Plan was nine pages long, with vague performance benchmarks.

This diminishing federal oversight flies in the face of a long history of project delays and immense cost increases for which contractors are responsible, but not held accountable. For example, the former contractor for the Y-12 nuclear weapons plant committed a half-billion dollar design mistake for the Uranium Processing Facility, but has not been publicly disciplined. Y-12’s new contractor just awarded Bechtel a no-bid UPF construction contract, which in effect awards itself since the contractor is principally composed of Lockheed Martin and Bechtel. This is despite the fact that under Bechtel management the Chemistry and Metallurgy Research Replacement Project at Los Alamos exploded in costs from ~$600 million to ~$.6.5 billion, and the Waste Treatment Plant at Hanford from ~$3.5 billion to ~$13.5 billion.

Contractors have also committed very serious operational mistakes. The LANL contractor used unapproved waste handling methods to prepare plutonium-contaminated radioactive wastes for disposal at the Waste Isolation Pilot Plant (WIPP). A waste drum subsequently ruptured, contaminating 21 workers and closing WIPP, causing estimated reopening costs of a half-billion dollars (which will no doubt increase) and $54 million in New Mexico state fines.

As another example, the former Y-12 contractor self-appraised its security management program as “excellent” and its physical security as “good,” which the National Nuclear Security Administration (NNSA) approved while awarding management fees. Both were shaken to their cores when an 82-year old nun and two elderly colleagues cut through three security fences to protest nuclear weapons in a very sensitive area previously thought impregnable.

Despite all this, the Panel makes no specific recommendations to put performance benchmarks back into management contracts. Instead, it proposes that the number of budget line items be reduced, which could further erode transparency, accountability, and congressional oversight, and increase the ability of NNSA and its contractors to move money around.

Perhaps most alarmingly, the Panel recommends that congressional oversight be strengthened by having the DOE Secretary report to the Senate Energy and Natural Resources and Armed Services Committees, and to the House Energy and Commerce and Armed Services Committees. This would likely have the opposite effect, as it seems to preclude the traditional jurisdiction of the House and Senate Energy and Water Development Appropriations Subcommittees, which have provided key oversight in the past, and have often cut certain nuclear weapons programs. Indeed, later in the report, the Panel suggests (short of a formal recommendation) that funding authority for NNSA nuclear weapons programs be invested in the Defense Subcommittees of the House and Senate Appropriations Committees. Again, this appears to exclude Energy and Water Appropriations, which could have profound implications by weakening congressional fiscal constraints on the nuclear weapons complex.

Jay Coghlan, Nuclear Watch Director, commented, “The Panel’s self-interested premise that the Nuclear Security Enterprise needs a new foundation is wrong. First, call it what it is, not some kind of innocuous sounding “enterprise,” but rather a massive research and production complex that is pushing an unaffordable trillion dollar modernization program for nuclear warheads, missiles, subs and bombers. This will divert taxpayers’ dollars from meeting the real national security threats of nuclear weapons proliferation and climate change. The Panel failed by not arguing for prudent maintenance of the stockpile, instead supporting a perpetual work program of risky life extension programs for existing nuclear weapons that will enrich contractors.”

# # #


“A New Foundation for the Nuclear Enterprise” by the Congressional Advisory Panel on the Governance of the Nuclear Security Enterprise is available at
http://cdn.knoxblogs.com/atomiccity/wp-content/uploads/sites/11/2014/12/Governance.pdf?_ga=1.136311025.1198700939.1418359009

The DOE Inspector General “Special Inquiry: Alleged Attempts by Sandia National Laboratories to Influence Congress and Federal Officials on a Contract Extension” is available at
http://www.energy.gov/sites/prod/files/2014/11/f19/IG-0927.pdf

The DOE’s Inspector General’s quote of Heather Wilson’s deep involvement in improper lobbying on behalf of the Sandia Labs is from
http://rapidcityjournal.com/news/local/mines-president-named-in-doe-inspector-general-s-probe/article_b984ab84-d593-5578-8007-e70e7c9e986f.html

NukeWatch Urges Increasing DOE Accountability in Wake of Fines

On December 6, the New Mexico Environment Department (NMED) declared multiple violations at both the Waste Isolation Pilot Plant (WIPP) and Los Alamos National Laboratory (LANL). NMED plans to fine WIPP $17.7 million and LANL $36.6 million due to major procedural problems related to the handling of radioactive transuranic (TRU) wastes that contributed to two significant incidents at WIPP earlier this year.

In addition to “failure to adequately characterize waste” and other violations, LANL was cited for the processing of nitrate-bearing wastes and adding neutralizing agents to that waste stream. LANL treated this procedure as if it was outside the state hazardous waste permit, but NMED determined that these operations were not exempt. LANL treated 100s of waste drums without a permit, and one of these was apparently the cause of the February 14, 2014 radioactive release at WIPP that contaminated 21 workers.

WIPP was cited for, among other violations, not notifying NMED in a timely fashion of the February 14 radioactive release.

The $36.6 million fine at LANL is based on up to $10,000 per day per non-compliance, but still represents less than 2% of the Lab’s $2.1 billion annual budget. The contractor that runs the Lab, Los Alamos National Security, LLC, is eligible to earn $57 million in bonus award fees for the fiscal year that ended last September 30th. The fines should be taken out of the bonuses.

NMED stipulated that the penalties couldn’t be paid for out of designated funding for environmental cleanup or operational needs at LANL and WIPP.

Nuclear Watch New Mexico applauds these efforts to hold the Department of Energy accountable in New Mexico and we urge NMED to not negotiate these relatively modest fines down, as is typically the case. These fines should be paid out of the contractor’s profits. The Lab had this waste for over 20 years and still could not get it right. We hope these NMED fines are a wake up call for safe, comprehensive cleanup of all the wastes left from the Cold War at the Los Alamos Lab.”

NMED information is available here.

Watchdogs Urge Reduced Contractor Fees at the Los Alamos Lab

 

 

Watchdogs Urge Reduced Contractor Fees at the Los Alamos Lab

Washington, DC and Santa Fe, NM – Today, the Project On Government Oversight and Nuclear Watch New Mexico sent the Secretary of the Department of Energy a letter urging that the contractor award fee for the Los Alamos National Laboratory (LANL) be slashed. The total possible fee that can be earned for FY 2014, which ended September 30, is $17.1 million in fixed fee and up to $40 million in incentive fee.  The watchdog organizations argue that the incentive fee award should be cut at least in half because of grossly substandard contractor performance.

The Los Alamos Lab is run 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. As recently reported by The Albuquerque Journal, LANL Director Charlie McMillan makes $1.5 million annually while also acting as president of LANS, which is a possible conflict of interest.

LANS’ contract performance in FY 2014 was demonstrably worse than other years. The best, well-publicized evidence is that the Lab used unapproved waste handling methods to prepare plutonium-contaminated radioactive wastes for disposal at the Waste Isolation Pilot Plant (WIPP). A waste drum subsequently ruptured, contaminating 21 workers and closing WIPP, with estimated reopening costs of a half-billion dollars (which will no doubt increase). Moreover, the New Mexico Environment Department now threatens to levy substantial fines against LANL because of its missed deadline to send transuranic wastes to WIPP.

Less well known, the Lab is the nation’s only so-called “Plutonium Center of Excellence,” but has been unable to conduct major operations at its plutonium facility since the end of June 2013 because of nuclear criticality safety issues. The two watchdog organizations do not support plutonium operations at LANL, much of which is geared towards the unnecessary production of plutonium pits, the fissile cores of nuclear weapons. However, at the same time, contractors should not be paid for work they don’t do.

Peter Stockton, POGO’s senior investigator, commented, “It’s time for some tough love! LANS screws up the WIPP facility, costing the government at least $500 million, and had to stop operations at its plutonium facility for over a year because of nuclear safety concerns. In the face of these debacles, DOE should be seeking restitution, not providing a performance bonus.”

Bechtel has had a particularly troubling contracting history with DOE. Under its management estimated costs for the Waste Treatment Plant at the Hanford nuclear reservation soared from $3.5 billion to $13 billion, with numerous whistleblower complaints. Similarly, under LANS’ management of the Los Alamos Lab, estimated costs for the Chemistry and Metallurgy Research Replacement Project mushroomed from around $600 million to $6.5 billion, leading to cancellation of the proposed “Nuclear Facility.” Now, in effect, Bechtel has awarded itself the construction contract to build the Uranium Processing Facility at the Y-12 production plant in Oak Ridge, TN. Under a previous contractor estimated costs for the UPF exploded from around $600 million to as high as $19 billion. To help fix that, the UPF’s mission has been recently narrowed to nuclear weapons components production only (eliminating dismantlements) in order to hold to a budget cap of $6.5 billion. That means the American taxpayer is paying more for less, and arguably for the wrong priorities. Lockheed Martin and Bechtel run the new Y-12 management contract.

Jay Coghlan, Nuclear Watch Director, commented, “The Department of Energy’s cozy relationships with its contractors must end, given their repeated failures and massive cost overruns. Substandard performance by the Los Alamos Lab contractor is costing the taxpayer dearly, and therefore DOE should slash its incentive performance fee award at least in half. From there, DOE should consider booting Los Alamos National Security, LLC for another contractor entirely.”

# # #

 

The POGO/Nuclear Watch NM letter to DOE Secretary Ernest Moniz urging reduced award fees for the Los Alamos Lab contractor is available at

https://nukewatch.org/importantdocs/resources/POGO-NukeWatch-Moniz-LANS-performance-12-3-14.pdf


 

 

 

 

Highlights of National Nuclear Security Administration Issues in the House FY 2015 National Defense Authorization Act

Highlights of National Nuclear Security Administration Issues

In the House FY 2015 National Defense Authorization Act

 

Sources: House FY 2015 NDAA, pages 1516 – 1555 and budget tables beginning page 1643.

http://docs.house.gov/billsthisweek/20141201/CPRT-113-HPRT-RU00-S1847.pdf

Compiled by Jay Coghlan, Nuclear Watch New Mexico. Any comments by me are italicized.

 

The House FY 2015 National Defense Authorization Act authorizes $8.2 billion for the National Nuclear Security Administration’s (NNSA’s) nuclear weapons programs, in contrast to the Obama Administration’s request of $8.3 billion.

It meets the Administration’s $643 million request for the B61 Life Extension Program, and raises the $9.4 million request for the Long-Range Stand-Off (AKA air-launched cruise missile) nuclear warhead to $17 million.

It raises the $30 million request for dismantlements to $40 million.

It meets the $335 million request for the Uranium Capabilities Replacement Project (AKA the Uranium Processing Facility).

It raises the $196 million request for construction of the MOX Fuel Fabrication Facility to $341 million.

It cuts the $410.8 million request for the NNSA Office of the Administrator to $386.9 million.

SEC. 3111. DESIGN AND USE OF PROTOTYPES OF NUCLEAR WEAPONS FOR INTELLIGENCE PURPOSES requires the lab directors to “develop a multiyear plan to design and build prototypes of nuclear weapons to further intelligence estimates with respect to foreign nuclear weapons activities and capabilities.” This effort “emphasizes the competencies of the national security laboratories with respect to designing and building prototypes of nuclear weapons.”

This could possibly be abused by U.S. designers to design new nuclear weapons under the rubric of gathering foreign intelligence.

SEC. 3112. PLUTONIUM PIT PRODUCTION CAPACITY declares that the “production of plutonium pits and other nuclear weapons components must be driven by the requirement to hedge against technical and geopolitical risk and not solely by the needs of life extension programs.” It goes on to require the actual production of not less than 10 plutonium war reserve pits during 2024, 20 during 2025, 30 during 2026, and demonstration of the capability to produce 80 pits per year by 2027.

How convenient to delink plutonium pit production from the actual needs of Life Extension Programs, since the only LEP that required new pit production has been indefinitely delayed. This was for the so-called Interoperable Warhead, which faced exorbitant costs and lack of support by the Navy. Nevertheless, the House Armed Services Committee now mandates expensive and provocative expanded plutonium pit production for which there is no clear need. Ironically, the Los Alamos National Laboratory has been unable to conduct plutonium operations at its pit production facility since June 2013 because of nuclear criticality safety issues.

SEC. 3118. COST CONTAINMENT FOR URANIUM CAPABILITIES REPLACEMENT PROJECT limits Phase 1 of construction of the Uranium Processing Facility to $4.2 billion. That cap could be adjusted if the DOE Secretary submits a detailed justification, including “a detailed description of the actions taken to hold appropriate contractors, employees of contractors, and employees of the Federal Government accountable for the repeated failures within the project.” It also requires that uranium operations in Building 9212 cease by 2025.

Notably, the House NDAA does NOT contain a definitional change that NNSA shopped to key congressional committees that would have narrowed the Uranium Processing Facility’s mission, thereby helping to contain its costs (which was previously capped at $6.5 billion). Thus the Uranium Processing Facility could soon be headed for another budget crisis.

SEC. 3119. PRODUCTION OF NUCLEAR WARHEAD FOR LONG-RANGE STANDOFF WEAPON requires that “The Secretary of Energy shall deliver a first production unit for a nuclear warhead for the long-range standoff weapon by not later than September 30, 2025.”

This is meant to block the Administration’s proposed two year delay. Rushing into the LRSO nuclear warhead makes no sense because it puts the cart before the horse when work on the new air-launched cruise missile has yet to start.

SEC. 3120. DISPOSITION OF WEAPONS-USABLE PLUTONIUM requires another report on possible alternatives to the MOX Program for plutonium disposition, including their life cycle costs.

Nevertheless, as previously stated, the Act increases funding for construction of the MOX Fuel Fabrication Facility to $341 million.

SEC. 3132. ANALYSIS OF EXISTING FACILITIES AND SENSE OF CONGRESS WITH RESPECT TO PLUTONIUM STRATEGY requires “analysis of using or modifying existing facilities of the nuclear security enterprise… to support [NNSA’s plutonium] strategy, as part of critical decision 1 in the acquisition process for the design and construction of modular structures associated with operations of the PF–4 facility at Los Alamos National Laboratory, Los Alamos, New Mexico.” This is to include “plans to construct two modular structures that will achieve full operating capability not later than 2027,” all for the purpose of “meet[ing] the requirements for implementation of a responsive infrastructure, including meeting plutonium pit production requirements.”

But there are no actual pit production requirements. Recall that the Act delinks plutonium pit production from the actual needs of the nuclear weapons stockpile to become a hedge against undefined and indefinite “technical and geopolitical risk.” The Act also requires major expansion of production at LANL, when significant budget, environmental and safety issues for existing plutonium pit production remain unresolved (witness the use of unauthorized waste treatment processes by the Lab that led to the contamination of 21 workers and the closure of the Waste Isolation Pilot Plant, with initial estimates of $.5 billion dollars to reopen). The House Armed Services Committee’s mandate of expanded plutonium pit production is an ideological statement of nuclear weapons forever, rather than being driven by the technical needs of the stockpile. This is an unnecessary and provocative waste of taxpayer’s money that if enacted is doomed for failure.

 

NNSA Considers Stuffing More Plutonium Into New Facility

Despite the fact that no one has come up with a good reason to increase plutonium pit production for the nation’s nuclear weapons stockpile, officials want to study the possibility of radically increasing the amount of plutonium allowed in a recently completed laboratory at the Los Alamos National Laboratory.

The Deputy Administrator for National Nuclear Security Administration (NNSA) Defense Programs, Don Cook, has requested an analysis to increase the radioactive materials inventory in the recently completed Radiological Laboratory Utility Office Building (RLUOB) to up to 400 grams of plutonium-239, the isotope used in nuclear weapons. The RLUOB, which originally was limited to 8.4 grams of Pu 239, was built as Phase 1 of the Chemistry and Metallurgy Research Replacement Project at LANL that would have expanded plutonium pit production to 50 – 80 pits per year (pits are the radioactive cores of nuclear weapons). LANL’s current capacity is 20 pits per year. Phase 2 of the CMRR project, the “Nuclear Facility,” was canceled because of lack of clear need and a bulging ten-fold increase in costs.

This RLUOB, along with some floor space in the existing Plutonium Facility (PF-4), will replace the old Chemistry and Metallurgy Research Building, which is slated for closure in 2019. The Laboratory was working on a plutonium strategy to move out of CMR and maintain the current plutonium capability.

But NNSA recently increased the maximum amount of radiological materials allowed in the RLOUB, and all “radiological” facilities, from 8.4 grams to 38.6 grams. Internal Lab documents floated plans that could have increased the limit again by two or three times by treating each little laboratory in the RLUOB as its own radiological facility. This could have increased the limit to 115.8 grams of Pu239.

But NNSA apparently wants to go big. The new analysis is to consider the RLUOB as a Hazard Category 3 nuclear facility, which is a huge step up from its current designation as a radiological facility.

Scott Kovac, Research and Operations Director for Nuclear Watch New Mexico, said, “This turkey of a plan is stuffed with bad ideas – The RLUOB is not seismically qualified for that amount of plutonium. A new supplemental environmental impact statement will be needed. There is no need for more plutonium pits, except for new nuclear weapons, because they last for around 100 years and nuclear weapons stockpiles are decreasing. And apparently LANL can’t safely handle plutonium anyway, as major operations with plutonium have been paused since June 2013 because of nuclear criticality safety issues. Finally, it was LANL’s improper handling of plutonium waste that contaminated 21 workers at the Waste Isolation Pilot Plant, causing it to close with at least a half billion dollars in costs to reopen. We say no to more plutonium at Los Alamos!”

# # #

Read the Defense Nuclear Facilities Safety Board report here.

 

Why Do DOE And LANL Refuse To Do A Pit Production Study?

Why Do DOE And LANL Refuse To Do A Pit Production Study?

A recent Congressional Research Service (CRS) Report Manufacturing Nuclear Weapon “Pits”: A Decisionmaking Approach for Congress, August 15, 2014 attempts to present the amount of space needed at Los Alamos National Laboratory for the Lab to produce 80 plutonium pits per year. CRS has to do this estimating task because the Lab has never done this calculation.

It is unclear to us why the Lab has yet to do this calculation. The Lab claims to be the “Plutonium Center of Excellence for the Nation”  yet the CRS report explains that no one knows whether existing buildings, without modifications, could manufacture 80 plutonium pits per year (ppy); or if modest upgrades would suffice; or if major construction would be needed to augment the current capacity of about 10 ppy.

A plutonium pit is a nuclear weapon component that is a hollow plutonium shell that is imploded with conventional explosives to create a nuclear explosion that triggers the rest of the weapon. Some argue that the capacity to manufacture new pits may be needed to extend the service life of unneeded weapons, to replace broken pits (which never happens), and to hedge against possible unnamed geopolitical surprises where only more nukes will solve the problem. How many pits that the country actually needs to produce annually is beyond the scope of the CRS report. We believe it is zero.

Along with the unknown space requirements, the Lab also does not know how much Material At Risk (MAR a.k.a. plutonium) would be needed in the building to produce 80 ppy. “…these data have never been calculated rigorously.”

CRS created some charts for this report to show what they believe to be current usage of the Lab’s Plutonium Facility (PF-4). But what this looks like for 80 ppy is still a guess.

We at NukeWatch have been demanding that LANL produce this information — most recently in our 2011 comments on the Draft CMRR-NF Supplemental Environmental Impact Statement

We think two things a probably happening. There is still not a need for 80 pits per year (or any). And if the Lab were to finally do a pit production study, Congress would find out that LANL has enough space now.

The money should be used to clean up the Lab’s legacy Cold War waste.

Doyle Entangled in Anti-Nuclear Classification

On July 23, 2014, Los Alamos National Laboratory approved for public release an article titled Rethinking the Unthinkable, written by retired U.S. Air Force Colonel Houston T. Hawkins, with the intention of being used for public presentations.

This article argues for an increase in nuclear weapons production and expanding stockpiles. Hawkins stresses the importance nuclear weapons has for the stability of U.S. foreign policy, arguing “the march toward disarmament would take us backwards into an even more unstable and dangerous world.” This stability, therefore, is generated by nuclear stockpiles.

In addition, nuclear deterrence according to the article is an important cornerstone of national security in that it serves as “strategic parity” between states. It also yields confidence not only in the functioning of domestic stockpiles, but in the intelligence capability of U.S. decision makers in assessing foreign nuclear advancements and curtailing surprises.

Continue reading

DOE Sec. Moniz Calls To Speed Up WIPP Reopening While LANL Digs Up More Problems

US Department of Energy Secretary Ernest Moniz visited the Waste Isolation Pilot Plant (WIPP) recently and announced future recovery plans for WIPP and they include a target date to start some operations 18 months from now reported KRQE.

That date is extremely optimistic. Here’s a few reasons why –

  1. The exact cause of the February 14 release that shut WIPP down is still unknown. The cause must be determined before much else can happen.
  2. There are 360+ drums in Panel 6 that are suspected to have similar waste characteristics to the drum that leaked radiation. These have also now been re-characterized as “ignitable” by Los Alamos officials. Do these need to be removed and retreated? A decision is needed.
  3.  Panel 6 must be sealed off to protect mine workers from releases.
  4. There are 50+ suspect drums in Panel 7 where the original release happen.
  5. Parts of Panel 7 must be sealed off to protect workers.
  6. A new exhaust shaft is in the planning stages.
  7. The mine should be decontaminated.
  8. Funding for the recovery work will be needed.
  9. Fines will probably have to be paid.
  10. If the WIPP Hazardous Waste Permit with the State is changed substantially, public comments and possible hearings will be required.
  11. Hopefully, a truly independent review will be approved.

In addition to these, Los Alamos officials have retroactively re-characterized many waste drums as “ignitable”. See previous post. Today it was revealed that Los Alamos has re-characterized some waste drums as “corrosive”.  Ignitable (EPA waste code D001) and corrosive (EPA waste code D002) wastes are prohibited from WIPP.

The NM Environment Department, and its Secretary Ryan Flynn, has the final say about the final disposition of the now illegal waste drums and many of the other issues. We trust he will take the health of present workers and future generations into account in his decision-making. DOE’s imagined schedule should not be a consideration.

We appreciate that Los Alamos Laboratory officials have stepped up and re-characterized the drums. But we don’t think DOE officials should be making statements about the timing of WIPP’s reopening (or even that WIPP will reopen at all) until all the facts are in.

To make matters even worse, the Current Argus reported that “Moniz told the town hall meeting [that the Department of] Energy is considering the facility [WIPP] to store spent fuel from commercial nuclear power plants, but provided no time line.”

To even consider expanding WIPP when it is not even open shows the lack of focus on the current problems and shows the lessons have not been learned.

 

LANL Heading Down Slippery Slope With Proposed Biosafety Lab

The DOE Inspector General released Audit Report on “Management of the National Nuclear Security Administration’s Biosafety Laboratories” that calls for a re-evaluation of the proposed needs for Biolabs at nuclear weapons facilities such as Los Alamos.

The report stated that Los Alamos National Laboratory was considering a $9.5 million expansion of bio-laboratory capabilities even though the Lab could not assess current usage or future needs. Apparently the Lab based facility-planning decisions on perceptions about future demand.

From the report –

[DOE] identified the development of a BSL-3 facility at LANL as its preferred alternative for meeting biosafety laboratory needs even though it had not fully considered the need for and cost effectiveness of additional capacity. Nor, had it developed a sound basis for measuring the utilization of existing facilities – a critical factor in determining the need for additional capacity.

Biological containment levels range from BSL-1, which handles only agents not known to cause illness in humans, to BSL-4, which houses agents for which there are no known cures, such as Ebola. A BSL-3 designation permits work with virulent pathogens used in both defensive and offensive biological warfare research.

Although the BSL-3 building has been constructed, the need is very questionable. From the report –

Specifically, we contacted two of the three Federal agencies that LANL told us were prospective [Work For Other] WFO customers and officials representing those potential customers stated that they did not have any specific plans to contract for BSL-3 research at LANL. Further, officials at both agencies indicated that other existing BSL-3 facilities could satisfactorily meet their needs. In fact, one official told us that generally other existing BSL-3 laboratories were less expensive than expected at the new LANL facility and that several had comparable security.

While the BSL-3 building has been constructed, there is no compliance with the National Environmental Policy Act (NEPA).  The draft Environmental Impact Statement (EIS) currently being prepared for BSL-3 facility operations pursuant to NEPA has not even been released, much less a final EIS or Record of Decision (ROD).  The current schedule calls for the EIS to be released in August 2014, but if past schedule changes are indications, it is not going to happen.

The draft EIS has been in process for nine years and counting. We at NukeWatch demand that DOE start over and re-scope both the alternatives and need for the BSL-3 at LANL. LANL is working on a Biological Research Capability Assessment to assess bioscience needs, which must be completed before the BSL-3 is re-scoped.

We hope the current Assessment is more empirical than the 2011 Review, which proposed that the BSL-3 facility was essential to LANL’s mission without considering data such as available capacity at other locations and estimates of projected use from outside customers.

The LANL BSL-3 EIS was the result of a lawsuit. During 2001 and 2002 NukeWatch contested the arbitrary and capricious public process DOE was using to justify its decision to build the proposed BSL-3 facilities at LANL and Lawrence Livermore National Laboratory (LLNL). DOE failed to adequately address the many concerns raised by the public and proceeded to release final Environmental Assessments (EAs) for both laboratories, along with so-called Findings of No Significant Impact, which gives the Department the green light to begin the first steps leading to operations. Because DOE left so many legitimate questions and concerns unanswered, NukeWatch felt that a legal challenge was necessary.

In August 2003 NukeWatch and Tri-Valley CAREs, a citizens group based in Livermore, CA, jointly filed a lawsuit in the federal district court of northern California claiming that DOE had failed to fully analyze the environmental and health risks associated with the proposed operation of its BSL-3 facilities at LANL and LLNL. In effect, DOE wrote itself a blank check for a wide range of infectious disease research at the two labs. NukeWatch and Tri-Valley CAREs argued that DOE failed to consider the grave risks of introducing pathogens whose behavior may not be known or understood, and for which a cure may not exist.

In January 2004, DOE announced that it had revoked approval for its newly constructed, advanced bio-warfare agent research facility at Los Alamos. DOE went back to square one, and reviewed whether the agency needed to undertake a full Environmental Impact Statement – a key demand in the lawsuit. The BSL-3 at LLNL was built and is operating.

DOE released a notice for the LANL EIS on November 29, 2005. The Notice of Intent to prepare an EIS for the BSL-3 stated that one reason requiring preparation of an EIS was that “it was necessary to conduct additional seismic analysis of the location of the building on fill material on the sloping side of a canyon.” This calls into question not just whether BSL-3 activities can be safely conducted before these issues are resolved through the EIS, but whether any operations can be safely conducted at all.

The drawing below shows the LANL BSL-3 built in a seismic zone, on fill, and on a steep slope.

Review of the Stability Analysis for the LANL BSL-3 Building Foundation, UCRL-TR-226737, November 2, 2006


The DOE-IG report stated that LANL would need to spend about $437,000 in upgrades to attempt to mitigate this seismic concern.  DOE also is spending about $478,000 to complete the now required Environmental Impact Statement

Another $595,000 is needed to open the facility, which includes $368,000 of operating costs for maintenance, utilities, etc.

Can the Laboratory be the best place for bioscience? If the Lab is looking for more funding streams, shouldn’t it be directing its attention to non-proliferation programs and cleanup?

 

DOE Retroactively Classifies Suspect WIPP Drums As Ignitable

DOE Retroactively Classifies Suspect WIPP Drums As Ignitable

In two letters posted to the NMED website, Los Alamos contractor and DOE Field Office officials informed NMED that 86 drums currently stored at LANL and 368 drums underground in Panel 6 at WIPP are now considered to contain ignitable wastes. These drums are part of the same waste stream as the drum in Panel 7 that is suspected to have caused the Feb. 14 radiation release and the subsequent closure of the Waste Isolation Pilot Plant (WIPP).

The letters state that DOE applied EPA Hazardous Waste Number D001 for the characteristic of ignitability.

The WIPP Permit specifically prohibits D001 Wastes at WIPP –

2.3.3.7. Ignitable, Corrosive, and Reactive Wastes

Wastes exhibiting the characteristic of ignitability, corrosivity, or reactivity (EPA Hazardous Waste Numbers of D001, D002, or D003) are not acceptable at WIPP.

DOE stated that it had “reason to believe that the nitrate salt bearing waste in the containers described above is an oxidizer and therefore the D001 code should be applied to the respective containers”, but did not explain exactly what that reason was. What did LANL or the Accident Investigation Board (AIB) discover that lead them to apply the D001 classification? The AIB report investigating the Feb. 14 release is not due until September.

Now there are 368 illegal drums buried at WIPP. DOE can’t seal up Panel 6 until the exact cause of the Feb 14 release is known, even though there is a plan to expedite closure of Panel 6.  NMED Secretary Ryan Flynn has stated on several occasions that that we must know the exact cause before sealing up Panel 6. We agree. Otherwise we might be burying drums that should be retrieved and repackaged, as onerous of a task that that would be.

DOE stated, “Because the investigations are ongoing, the application of the D001 is considered provisional and may change to include and/or remove containers/waste streams in the future.”  But the WIPP permit has no provision for allowance for “provisional” classification wastes.

Either they are or they are not.

Los Alamos Rated Easiest County to Live in

Los Alamos Rated Easiest County to Live in

The team at The Upshot, a NYTimes news and data-analysis venture, compiled six basic metrics to give a picture of the quality and longevity of life in each county of the nation. They were attempting to answer the question, Where are the hardest places to live in the U.S.? To create an overall ranking, they averaged each county’s relative rank in these categories: educational attainment, household income, jobless rate, disability rate, life expectancy and obesity rate.

The #1 ranking, and hence easiest place to live, went to Los Alamos County, home of Los Alamos National Laboratory, which spends 65% of its annual budget on nuclear weapons production and design. “The Lab directly employs one out of every five county residents and has a budget of $2.1 billion, which an enormous economic engine for a county of just 18,000 people,” the article states. A look at surrounding counties shows that this engine does not power the surrounding counties equally.

Rio Arriba is ranked #1966 out of 3,135 counties

Taos County = #1234

Sandoval County = #420

Santa Fe County =  #148

 

Some specific comparisons:

63.2 percent residents have at least a bachelor’s degree in Los Alamos.

Rio Arriba County = 15.9%

Taos County = 28.8%

Sandoval County = 28.1%

Santa Fe County = 39.3%

 

The median household income in Los Alamos County is $106,426.

Rio Arriba County = $40,791

Taos County = $33,835

Sandoval County = $58,116

Santa Fe County =  $53,642

 

In Rio Arriba County, 8 percent of residents are unemployed, and 1.9 percent are on disability.

The corresponding figures in Los Alamos County are 3.5 percent and 0.3 percent.

Taos County = 9.1%, and 1.2%

Sandoval County = 8%, and 1%

Santa Fe County = 5.5% are unemployed, 1% are on disability

 

Los Alamos County residents live on average 82.4 years

Rio Arriba County = 75 years

Taos County = 79.3 years

Sandoval County = 79.4 years

Santa Fe County = 80.1 years

 

And Los Alamos County’s obesity rate is 22.8 percent,

Rio Arriba County = 34%

Taos County = 29%

Sandoval County = 32%

Santa Fe County = 22%

 

Making nukes and the livin’s easy.

Missed WIPP Deadline May Put Real Cleanup at LANL Back On Track

Missed WIPP Deadline May Put Real Cleanup at LANL Back On Track

Santa Fe, NM – Today the New Mexico Environment Department (NMED) denied extension requests by Los Alamos National Laboratory (LANL) to delay cleanup milestones under a legally enforceable 2005 Consent Order. These denials by NMED counter a trend since January 2012 when NMED and LANL entered into a nonbinding “Framework Agreement” to ship 3706 cubic meters of above-ground transuranic waste from the Lab to the Waste Isolation Pilot Plant (WIPP) for permanent disposal. LANL radioactive wastes are now the main suspect in the February 14 contamination and subsequent shutdown of the multi-billion dollar WIPP.

NMED denied 14 extensions, now available in LANL’s Electronic Public Reading Room. These denials include construction of monitoring wells, and investigation reports for cleanup of contaminated areas. All of them included language that LANL requested an extension based on the Lab’s need to divert resources to remove transuranic waste in accordance with the Framework Agreement. The denials repeatedly state, “Based on the Permittees’ [LANL’s] statement that they will not be able to meet the deadlines that they committed to in the Framework Agreement [to ship TRU wastes to WIPP], the request is hereby denied.”

NMED had previously agreed to over 100 of these extension requests in favor of the so-called 3706 Campaign. The campaign was part of a non-binding agreement with the NM Environment Department so there are no penalties associated with lack of performance. The problem is that much other cleanup at the Lab was delayed while the 3706 Campaign was prioritized.

The Lab will miss the June 30 deadline of shipping 3,706 cubic meters of transuranic waste while the cleanup of over 1,000,000 cubic meters of all types of radioactive waste, hazardous waste, and contaminated backfill buried across the Lab were put on the back burner. These vast amounts of buried wastes, dating back to the Lab’s early days, are covered under the 2005 Consent Order for the “fence-to-fence” cleanup of legacy wastes. The Consent Order is enforceable with financial penalties for missed deliverables.

The Lab has claimed that there is not enough money to address all the Consent Order deliverables, but the original intent behind the Consent Order was that fines or the threat of fines would shake federal cleanup funding from DOE headquarters in Washington, DC. Cleanup without the big stick of possible fines just takes us back to the time when the small budget received annually just gets sprinkled around to where the cleanup “priorities” are perceived to be.

Jay Coghlan, Nuclear Watch New Mexico Executive Director, commented, “After granting more than one hundred extension requests to delay cleanup, we salute the New Mexico Environment Department for denying further requests. We encourage NMED to enforce what it already has, and make LANL comply with its legally mandated cleanup order. This in turn will drive increased federal funding for genuine cleanup at the Lab, creating hundreds of jobs while permanently protecting our precious water and environment.”

Scott Kovac, Nuclear Watch New Mexico Program Director, commented, “We look forward to continuing enforcement of the 2005 Consent Order and the necessary removal of Cold War legacy waste buried in unlined trenches above our aquifer.”

January 2012 Framework Agreement

LANL’s Electronic Public Reading Room

Sample of denial

 

 

Los Alamos Budget is 65% Nuclear Weapons

Los Alamos Budget is 65% Nuclear Weapons

LANL Lab Table Chart FY 2015
Percentages of the Los Alamos annual budget for 2015

There are people who don’t realize that there still are nuclear weapons in the world. There are those who don’t realize that Los Alamos is still in the nuclear weapons business. I’ve created a chart that illustrates that nuclear weapons activities are 65% of the Lab’s annual $2.1 billion dollar budget. The actual Laboratory table from the Department of Energy’s (DOE’s) budget is included.

First, please remember to add three zeroes to all the numbers in the table because all “Dollars in Thousands”.  And remember that the Fiscal Year (FY) 2015 Request numbers are just the President’s request, which Congress then slices and dices to arrive at the final appropriation during the congressional budget process.

Notice the largest FY 2015 Request budget by far is “Total Weapons Activities” at $1,417,502,(000). That’s $1.4 billion. “Total Defense Environmental Cleanup”, which is the remediation of radioactive and hazardous waste, is $222,262,(000). That’s $222 million.

The full budget categories are described in Volume 1 of the DOE budget here.

This page also has the Laboratory Tables on it. In addition, there is a “FY 2015 State Table” that shows all of New Mexico receives a total of $4.6 billion from DOE annually including $3.4 billion for nuclear weapons. Sandia National Laboratory in Albuquerque has a $1.5 billion request for nuclear weapons for FY 2015.

What is not on the Laboratory Tables is “Work For Others”, which is work that Los Alamos performs for government agencies other than DOE. This number is estimated at $250 million for FY 2015.

Let me know if you have any questions.

After a Failed Campaign, the State Must Return to Enforceable Cleanup At LANL

After a Failed Campaign, the State Must Return to Enforceable Cleanup At LANL

The June 30 deadline of the “3706 Campaign” to remove 3706 cubic meters of transuranic waste stored on the surface on Los Alamos Lab will be missed due to the radiation release and shutdown of the Waste Isolation Pilot Plant. The campaign was part of a non-binding agreement with the NM Environment Department so there are no penalties associated with lack of performance. The problem is that much other cleanup at the Lab was delayed while the 3706 Campaign was prioritized.

The Lab missed the low bar of shipping 3,706 cubic meters of transuranic waste while the cleanup of over 1,000,000 cubic meters of all types of radioactive waste, hazardous waste, and contaminated backfill buried across the Lab were put on the back burner. These vast amounts of buried wastes, dating back to the Lab’s early days, are covered under a 2005 Consent Order for the “fence-to-fence” cleanup of legacy waste. The Consent Order is enforceable with stipulated penalties of up to $3000/day for missed deliverables. But NMED has been hesitant to impose fines, because of DOE claims that the fines come out of the cleanup budget. The deadline for the last cleanup under the Consent Order is currently December 2015, which everyone agrees is impossible. But that end date could be extended, and should be extended, especially if the Lab was actually working on the legacy cleanup

NMED, to date, has granted over 95 extensions for Consent Order deliverables in favor of the 3706 Campaign. These extensions allow the Lab to not drill monitoring wells and to not perform cleanup investigations and work plans for sites across the Lab. The Lab claims that there is not enough money to address all the Consent Order deliverables, but the idea behind the Consent Order was that fines and the threat of fines would shake cleanup funding from DOE headquarters in DC. Cleanup without the big stick of possible fines just takes us back to the time when the small budget received annually just gets sprinkled around to where the cleanup “priorities” are perceived to be. Urgency and comprehensiveness go out the window.

The Cold War has been over for twenty years now and we in Northern New Mexico have been patient in removing LANL’s legacy waste.

But now Northern New Mexico has neither a 3706 Campaign that is complete, nor a Consent Order that will be complete by its deadline. NMED officials have stated, upon the successful completion of the 3706 Campaign, that they would consider renegotiating the Consent Order. We are waiting to see how NMED deals with the 3706 failure and we urge NMED to make the Consent Order the priority again. The Campaign approach has now been proven not to work.

In the meantime, we also have contaminated WIPP workers.

We have 707 possibly explosive drums probably created by Los Alamos spread across New Mexico and West Texas.

We have a damaged WIPP, which is shut down for up to three years and missing its deadlines for disposing waste.

We have other impacted DOE sites across the country, which will be missing deadlines for radioactive waste disposal.

We the taxpayers are no doubt going to spend hundreds of millions on this fiasco while the contractors continue to put money in their pockets.

The New Mexico Environment Department is the regulator here. Relying on LANL’s promises and plans to make things better must end. Time to return to the 2005 Consent Order and actually use the enforceable provisions in it.

LANL Management Irregularities Continue

LANL Management Irregularities  Continue

Los Alamos National Security (LANS), the private consortium that runs Los Alamos National Laboratory under contract for the federal government will manage $2.1 billion of our taxpayer dollars this year. LANS should remember that they were hired to represent the nation’s interests, not the interests of the for-profit corporations running the Lab.

 Scott Sandlin, Albuquerque Journal Staff Writer, reported a $3.64 million judgment against Los Alamos National Laboratory for “breach of implied contract and breach of the duty of good faith and fair dealing.” The plaintiffs claimed that Los Alamos conducted the federally funded bidding process, procurement and subsequent protest “using secret policies and procedures inimical to a fair and open bidding procedure.” The Journal disclosed that, according to the lawsuit, the contract was worth roughly $395 million over the first five years  and almost $800 million over the decade.

Despite the judgment, LANS denied that it had departed from procedures and also denied deviating from its customary practices.

 

This follows the March resignation of Los Alamos National Laboratory Deputy Director Beth Sellers, the second-highest ranking administrator at the Lab, for failure to properly report a potential conflict of interest when her husband received a lab consulting contract in 2012. This was also from the ABQ Journal.

The Lab determined that the consultant agreement did not conform to prescribed LANL procedures and processes.” The consultant/husband charged two hours “for a discussion on environmental matters that never took place” and which was actually a visit to the Santa Fe Opera. Los Alamos National Security (LANS), the private consortium that runs the lab under contract with the federal government, reimbursed the government for over $23,000 for the improper contract.

 

This comes after the November 2013 revelation that Ex-Congresswoman Heather Wilson was paid by nuclear weapons labs the day after she left office. An Albuquerque Journal article built upon a Department of Energy (DOE) Inspector General investigation, which determined that the Sandia and Los Alamos Labs had made approximately $450,000 in improper payments to Wilson up until March 2011, when she began to campaign for the Senate.

A DOE IG report said that the facts indicate that federal funds were used for prohibited lobbying activities, which that office is still investigating. The Labs were forced to return that money to the government, but not Wilson.

The Albuquerque Journal received the new information concerning the dates of Wilson’s contract with Sandia from Nuclear Watch New Mexico. The watchdog organization obtained the documents by appealing an initially rejected federal Freedom of Information Act (FOIA) request.

 

NNSA Digs Deep To Find A Reason To Give Itself Award

The award for the largest nuclear facility project completed ahead of schedule and under budget by NNSA goes to a project came in only 1% under budget after spending $40 million in contingency.

In an April 2 2014 National Nuclear Security Administration press release titled, NNSA Receives Secretary’s Award for Project Management Excellence, the Chemistry and Metallurgy Research Building Replacement (CMRR) Radiological Laboratory/Utility/Office Building (RLUOB) Equipment Installation (REI) Project was touted for coming in $2 million under budget.

First, the CMRR is the now-deferred project at Los Alamos, whose third phase Nuclear Facility would have enabled increased plutonium pit production. The RLOUB was the first phase of the CMRR project. The second phase REI is only the “equipment” for the RLOUB.

The press release tells us –

“The REI installed glovebox and other enclosure systems, analytical and test instrumentation equipment, and telecommunications and safeguards/security systems within the RLUOB.”

Also included, but not mentioned in the press release, were a fuel oil storage tank, furniture, and the parking lot.

It looks like NNSA gave the award in part because it could have been worse. With one year left in the 3-year the contract, it was estimated that the project was $8 million over budget. So NNSA put a new team in charge and straightened out their mess-ups and turned it around to a $2 million savings.

The press release tells us –

“The CMRR/RLUOB REI Project is the largest nuclear facility capital asset project completed ahead of schedule and under budget by NNSA.”

The press release also neglects to give the total budget. Our documents show that REI had a total budget $199 million. That makes the $2 million that the REI came in under budget equal to 1% of the total budget.

But our documents also show that there was $41.6 million (26%) contingency included in the $199 total budget. After spending untold millions in design and then estimating the cost of the project, NNSA adds in a large contingency to every project so that it does not go over budget and have to go back to Congress for more money.

Is the REI, which spent $40 million in contingency, really $2 million under budget?

I think not. NNSA must give the public all the facts and figures when it gives glowing appraisals of itself.

 

Here’s what we have on the REI –

 

WIPP Continues to Show Signs, Town Hall Webcast Tonight, LANL TRU to WCS, More Information

WIPP Continues to Show Signs, Town Hall Webcast tonight, LANL TRU to WCS, More Information

WIPP Underground Continues to Show Signs of Radiological Activity

The Waste Isolation Pilot Plant officials stated that there was another radiological release on March 11.  This was outside of the WIPP site exhaust shaft filter. An air sample from the outside of the ventilation exhaust recorded 61 disintegrations per minute of americium on a sample collected the evening of March 11. WIPP stated that, “This is expected given the amount of contamination captured by the WIPP ventilation system during the February 14 radiation release event. Engineers believe the contamination was from previous deposits on the inner surface of the exhaust ductwork.” The engineers did not state why they expected this and did not mention the LARGE amount of contamination captured by the WIPP ventilation system filters. The engineers also did not state why they believed this and not that more contamination was being produced in the underground.

Air sampling results before and after the High Efficiency Particulate Air (HEPA) filters at WIPP are available here. Station A samples air before the filters and Station B samples air after passing through the filters. These samples were analyzed following the detection of airborne radioactivity on February 14, 2014. They are not environmental samples, and are not representative of the public or worker breathing zone air samples.

The 3/11/14 4:19PM increase after the filters is shown here. There were other small releases on 03/02/2014 08:50 AM (38 dpm) and 03/05/2014 08:10 AM (60 dpm, although WIPP claims that the filter was “cross contaminated”)

There was a larger event, before the filters, that occurred 03/13/2014 08:30 AM (368 dpm) that has not been mentioned. All this shows that the underground could still be brewing radiological activity. Perhaps this will be explained better tonight at the Town hall.

 

Weekly Town Hall Meetings in Carlsbad?

Thursdays at 5:30 – Carlsbad City Council Chambers, City Hall, 101 N. Halagueno St.

Co-hosted by City of Carlsbad and U.S. Department of Energy (DOE) Carlsbad Field Office

Discuss recovery efforts following WIPP’s fire and radiological events in February.

Meetings available live online

 

The Show Goes On

The Department of Energy (DOE), is proposing to ship transuranic waste currently located at the Los Alamos National Laboratory (LANL) for temporary storage at Waste Control Specialists (WCS), located in western Andrews County, Texas. LANL has another ~546 cubic meters remaining out of the original 3706 cubic meters that was agreed to be moved to WIPP by June 2014.

Let’s be clear, there is no technical reason to store the waste temporarily at WSC.  DOE and LANL just want to show that they can meet a deadline. The extra cost of this operation has not been released. And don’t get me wrong, no one wants the waste – all the waste  – removed from LANL more than me.  Let’s hope that DOE and LANL show the same amount of interest and resources when it comes to removing the rest of the waste at Los Alamos, such as the hundreds of thousands of cubic meters of radioactive and hazardous wastes buried at Area G.

 

Official Websites

New Mexico Environment Department WIPP website

DOE/WIPP website

 

WIPP Informational Meeting in Santa Fe

A WIPP informational meeting will take place in Santa Fe on Monday, March 31st from 6 to 7:30 pm at the Santa Fe Main Library, located at 145 Washington, in downtown Santa Fe.  Please note the new location.  Don Hancock, of Southwest Research and Information Center, Scott Kovac, of Nuclear Watch New Mexico, and Sasha Pyle, longtime activist, will give presentations. Opportunities for public involvement will be discussed.

DOE Nuclear Weapons Budget Surpasses Cold War Record

FOR IMMEDIATE RELEASE March 17, 2014

DOE Nuclear Weapons Budget Surpasses Cold War Record

Bomb with New Military Capabilities up 20%

Dismantlements Cut By Nearly Half

Nonproliferation Programs Down 21%

Cleanup Funding Flat

 

Santa Fe, NM – The Obama Administration has finally released its detailed budget for fiscal year 2015, which starts October 1. By law the president’s proposed budget is required to be released not later than the first Monday of February.

Contrary to President Obama’s rhetoric about a future world free of nuclear weapons, most famously expressed in his April 2009 speech in Prague, the President asks for a 7% increase for nuclear weapons research and production programs under the Department of Energy’s semi-autonomous National Nuclear Security Administration (NNSA). NNSA’s “Total Weapons Activities” are slated to rise to $8.3 billion in FY 2015, and to an astounding $9.7 billion by FY 2019, 24% above this current fiscal year 2014. Obama FY 2015 budget request sets a new record for DOE nuclear weapons spending, even exceeding the Cold War high point in 1985 under President Reagan’s military buildup.

Of particular interest is the hands-on nuclear weapons work in the budget category “Directed Stockpile Work,” increased by $305 million (or 12.5% above FY 2014), whose overwhelming focus is Life Extension Programs (LEPs). President Obama wants $634 million (+20%) for the B61 nuclear bomb LEP, which has already exploded in costs from an originally estimated $4 billion to more than $10 billion. Each bomb will end up costing more than twice its weight in gold.

In addition to extending the service life of the bomb by decades, this Life Extension Program will combine three tactical or “battlefield” variants and one strategic variant together into one all-purpose nuclear bomb. The LEP will also transform the B61 from a simple analogue bomb into a digital bomb that interfaces with future super-stealthy fighter aircraft, which themselves will cost an astronomical $1 trillion (although not all will be assigned to a nuclear mission). A separate $1.8 billion Defense Department program for a new tail fin guidance kit will transform the B61 into the world’s first nuclear smart bomb. Despite all this, the U.S. government denies that it would ever endow existing nuclear weapons with new military capabilities.

While rebuilding nuclear weapons at exorbitant expense, the Obama Administration proposes to slash dismantlements by nearly half (45%), from an already paltry $54.2 million to $30 million. Dismantlement work at the Pantex Plant will be cut by 40%. Ironically, much of the dismantlement work that remains is “to provide parts for the life extension programs (B61 and W80-1).” Dismantlements will continue at the same rate at the Y-12 Plant, but its primary aim is to produce “feedstock [highly enriched uranium] for internal and external customers (e.g. Naval Reactors).” Dismantlements are described as a “a workload leveler across all programs,” indicating that instead of being a prioritized step toward a future world free of nuclear weapons, it is merely filler work in between rebuilding nuclear weapons during Life Extension Programs. NNSA FY15 budget, PDF page 109. [All following page numbers are in the same format.]

The construction of the Uranium Processing Facility at the Y-12 plant is capped at $6.5 billion. A recent study by the Pentagon’s Office of Cost Assessment and Project Evaluation predicted that this exorbitant facility, originally estimated by NNSA at ~$600 million, would cost between $12 to 19 billion. To bring it in at $6.5 billion NNSA has cut out all dismantlement and HEU downblending operations, making it a production-only nuclear weapons plant (pp. 319-323).

NNSA’s budget “Defer[s] the W78/88-1 LEP to some date beyond FY 2019” (p.  84), effectively meaning its cancellation. The W78/88-1 LEP was to produce a proposed “interoperable warhead,” using the plutonium pit from a third warhead, the W87. Nevertheless, the Los Alamos National Laboratory plans to “Build W87-design developmental pits each year to sustaining [sic] fabrication capability” (p. 117). The controversial Chemistry and Metallurgy Research Replacement (CMRR) Project for expanded plutonium pit production remains abandoned, but NNSA plans to raise the amount of plutonium used in the already constructed Rad Lab and pursue “pre-conceptual design efforts for the modular acquisition concept” to substitute for the CMRR (p. 219). NNSA still plans to “Execute a plutonium strategy [at LANL] that achieves a 30 pit per year capacity by 2026,” (p. 70) for which it gives no clear requirement or reason.

Key nonproliferation programs designed to halt the spread of nuclear weapons have been slashed by $300 million (-21%), even though nuclear weapons are recognized as the greatest existential threat to the United States. “Defense Environmental Cleanup”, the nation-wide program to clean up the Cold War legacy of radioactive and toxic contamination, is being cut from $5.8 billion to $5.6 billion, despite the fact that estimated costs keep climbing.

All of this is evidence of a pattern where the U.S. will spend massive amounts on nuclear weapons “modernization,” while nonmilitary domestic services are cut or flat lined. In December 2013 the nonpartisan Congressional Budget Office (CBO) released its study Projected Costs of Nuclear Forces 2014 -2023. Its stunning conclusion was that estimated costs for maintenance and “modernization” of the nuclear weapons stockpile, delivery systems, and research and production complex would total $355 billion over the next decade. The CBO also reported that costs after 2023 would increase yet more rapidly since “modernization” is only now beginning. The report did not attempt to project costs for maintenance and modernization of nuclear forces over the planned period of the next thirty years, but given current trends it will easily exceed one trillion dollars.

In one piece of good news the NNSA is finally putting the Mixed Oxide (MOX) Fuel Fabrication Facility at the Savannah River Site in South Carolina in “cold standby.” The MOX program is a failed attempt in the laudable goal of disposing of 34 metric tons of weapons-grade plutonium. The MOX Program’s life cycle costs have exploded to an estimated $30 billion, and NNSA is now studying cheaper alternatives. This has major positive impacts on the Los Alamos National Laboratory (LANL), which was slated to process 2.5 metric tons of plutonium every year as feedstock for the MOX Fuel Fabrication Facility. It also further undermines the need to build massive new plutonium facilities at LANL.

Jay Coghlan, Nuclear Watch New Mexico Director, commented, “Increased budgets for nuclear weapons are being paid off the back of dismantlements, nonproliferation and cleanup programs, which is just plain wrong. It’s common knowledge that NNSA’s nuclear weapons programs have a staggering track record of cost overruns, schedule delays and security breaches. It’s less well known that these programs may undermine stockpile reliability by introducing unneeded, incredibly expensive changes to existing nuclear weapons that have been extensively tested and are known to be even more reliable than originally thought. Clearly, NNSA’s nuclear weapons programs should be cut to help pay for the expansion of nonproliferation programs that actually enhance national security, cleanup programs that protect the environment while creating jobs, and dismantlement programs that get of nuclear weapons forever.”

# # #

For budget release requirement not later than the first Monday of February see U.S. Code, Title 31, Subtitle II, Chapter 11, § 1105, “Budget contents and submission to Congress.”

The FY 2015 DOE nuclear weapons request is calculated as the highest ever using data from Atomic Audit, Brookings Institute, 1998, Stephen Schwartz editor, Table A-2. It gives 5.494 billion in 1996 dollars as the cost for DOE nuclear weapons research, production and testing programs in 1985. Adjusted for inflation that is $8.259 billion in 2014 dollars.

The NNSA’s FY 2015 budget is available at http://energy.gov/sites/prod/files/2014/03/f12/Volume_1_NNSA.pdf

The Congressional Budget Office report Projected Costs of Nuclear Forces 2014 -2023 is available at http://www.cbo.gov/sites/default/files/cbofiles/attachments/12-19-2013-NuclearForces.pdf

 

QUESTIONS FOR DOE FY 2015 BUDGET

ALLIANCE FOR NUCLEAR ACCOUNTABILITY

A national network of organizations working to address issues of 

nuclear weapons production and waste cleanup

Ashish Sinha: (301) 910-9405 [email protected]

Bob Schaeffer: (239) 395-6773 [email protected]

 

for use with March 4, 2014 Obama Administration Budget Request

 QUESTIONS FOR THE U.S. DEPARTMENT OF ENERGY (DOE)

 FY 2015 NUCLEAR WEAPONS, REACTOR AND CLEANUP BUDGET

 

The U.S. nuclear budget is out of control. Huge cost overruns for unnecessary production facilities are common.  At the same time, cleanup of radioactive and toxic pollution from weapons research, testing, production and waste disposal is falling behind. The Department of Energy (DOE) budget for FY 2015 will reveal the Obama Administration’s nuclear priorities.

The Alliance for Nuclear Accountability (ANA), a 25-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 Media Advisory.

— Does the budget reflect the Administration’s commitment to curtail unnecessary spending on the $19 billion 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 address the looming deficit in nuclear weapons dismantlement capacity so the United States can meet its international arms reduction commitments?

 

— Will the Obama Administration articulate its alternative plutonium strategy to the $6 billion “CMRR Nuclear Facility,” which was effectively cancelled in 2012? Is any expanded production needed when expert studies have found that existing plutonium pits are durable?

— Will NNSA reduce funding or impose meaningful milestones at the National Ignition Facility (NIF), which performed less than half of its planned Stockpile Stewardship experiments in FY2013 and still has not achieved ignition.

— Is the budget a de facto cancellation of plans to pursue “interoperable warhead designs” by imposing a delay of five years or more on the program? How much money will taxpayers save?

 

— Does the FY 2015 budget seek more than the $537 million requested for the B61 Life Extension Program last year? Will the “First Production Unit” from this $10 billion program continue to slip to 2020 or later delaying needed routine replacement of critical components?

— How much of the additional $26 billion in Defense Sec. Chuck Hagel’s “Opportunity, Growth and Security Initiative” will go to DOE nuclear weapons programs? 

— Will the Administration support increased funding for the Defense Nuclear Facilities Safety Board (DNFSB) to provide independent oversight of DOE projects given the many cost over-runs, schedule delays, safety issues and technical problems?

 

— What is the projected life-cycle cost of the plutonium fuel (MOX) program at Savannah River? Is DOE’s internal cost assessment consistent with ANA’s estimate of $27 billion? When will it be released? Have any nuclear reactor operators committed to using MOX fuel?

 

— Does the Request include continued funding for design and licensing of Small Modular Reactors (SMRs), which private investors have been unwilling to finance fully because of concerns about viability and risks? Does DOE have plans to finance SMR construction?

 

How much additional Environmental Management (EM) funding would be necessary in FY 2015 to meet all legally mandated cleanup milestones? States say cleanup agreements at a dozen major sites are underfunded by hundreds of million dollars.

— In which states does DOE face fines and lawsuits for missing milestones due to budget shortfalls? Which states are enforcing their binding clean-up agreements by imposing fines and taking further legal action?

— What is the high range for total life-cycle clean-up costs (LCC) for EM sites Because of funding shortfalls, are LCC costs continuing to increase? In the FY 2013 Budget Request High Range LCC was $308.5 billion, and in the FY 2014 Request LCC was $330.9 billion.
— Does the FY 2015 Request include funds to cleanup contamination from the recent radiation release at the Waste Isolation Pilot Plant (WIPP)?  How much will this incident delay shipments from the Idaho National Lab, Los Alamos, Savannah River, and Oak Ridge?

— How much money is included for construction of new double-shell tanks to replace those leaking radioactive waste at the Hanford site? Are funds included for emergency pumping of tanks found to be leaking?

— Is DOE allocating sufficient funds to monitor and address ignitable hydrogen gas buildup in Hanford’s nuclear waste tanks as recommended by the Defense Nuclear Facilities Safety Board to protect workers, the public and the environment from possible explosions?

— Is an independent review of the Hanford Waste Treatment Plant included in the budget request to address concerns about the reliability of many of the parts and materials?

– How much money is DOE allocating for building and development of the Hanford Waste Treatment Plant based on the current, flawed design and how much on redesign?

— For information about specific DOE nuclear weapons sites and programs, contact:

Meredith Crafton – Hanford: (206) 292-2850 x26 [email protected]

Tom Clements – Savannah River and MOX Plant: (803) 240-7268 [email protected]

Jay Coghlan – Los Alamos Lab and Life Extension: (505) 989-7342 [email protected]

Don Hancock – Environmental Management Program: (505) 262-1862 [email protected]

Ralph Hutchison – Oak Ridge Site and Dismantlement: (865) 776-5050 [email protected]

Marylia Kelley – Livermore Lab and Life Extension: (925)-443-7148 [email protected]

 

Budget Deal Mixed Bag for Nuclear Weapons Programs

Budget Deal Mixed Bag for Nuclear Weapons Programs

Planned Long-Term Trend Not Sustainable

 

Following December’s budget deal Congressional appropriators have completed a one trillion dollar omnibus appropriations bill for this fiscal year, expected to pass given that neither political party wants another shutdown. The federal government has been running on a Continuing Resolution since October 1, and the omnibus bill now provides funding levels for the entire fiscal year 2014. Concerning the National Nuclear Security Administration’s nuclear weapons programs, the appropriators made a slight cut to Obama’s requested $7.87 billion, funding “Total Weapons Activities” at $7.78 billion.

All of this, of course, takes place within a larger context. The nonpartisan Congressional Budget Office (CBO) recently released a study entitled Projected Costs of Nuclear Forces 2014 -2023. Its stunning conclusion is that maintenance and “modernization” of the nuclear weapons stockpile, delivery systems, and research and production complex will cost $355 billion over the next decade. This is 70% higher than the figure the Obama Administration reported to Congress in May 2012.

As if this were not bad enough, the CBO also reports that costs after 2023 will increase yet more rapidly since “modernization” is only now beginning. The report does not attempt to project costs for maintenance and modernization of nuclear forces over the planned period of the next thirty years, but given current trends it will easily exceed one trillion dollars. This is simply not sustainable, given the nation’s continuing budget constraints.

The new omnibus appropriations bill has fully funded the most controversial program, the B61 nuclear bomb Life Extension Program (LEP), at the president’s request of $537 million. This overrode a proposed cut by Senate Energy and Water Development Appropriations, a key subcommittee that Senator Tom Udall sits on. Udall vigorously opposed that cut, saying that he wanted to save a few hundred jobs in New Mexico.

The B61 LEP has exploded in costs from an original $4 billion dollars to $12 billion, including a program synchronized with the Pentagon to give the bomb a new tail fin guidance kit that would transform it into the world’s first nuclear “smart” bomb. Its main mission is forward deployment in NATO countries, a relic of the Cold War, contradicting Obama’s rhetoric of lowering the presence of battlefield nuclear weapons in Europe.

But this is not a clear-cut victory for NNSA and the nuclear weapons labs. The appropriators cut funding for the B83 nuclear bomb that NNSA claims the B61 LEP will enable it to retire (leaving aside the fact that it was already planned for retirement). The appropriators made clear that they wanted to hold NNSA to its word.  Moreover, the appropriators demanded detailed reporting on major warhead refurbishments, which they applied retroactively to the B61 LEP, and cut the requested amount for the tail fin guidance kit in half. Finally, the fight over the B61 LEP will soon start all over again with the release of the proposed FY 2015 federal budget, expected in late February or early March.

So whereas the NNSA and the labs have won an ambiguous victory in the B61 LEP, the rest of the omnibus appropriations bill demonstrates how deeply troubled their nuclear weapons programs are. Foremost amongst these is a planned Life Extension Program for the W78 ICBM warhead, proposed to be “interoperable” with the W88 sub-launched warhead. This is the first of three proposed interoperable warheads, which the NNSA and labs want to use to transform both the nuclear weapons stockpile and the research and production complex that supports it, with requisite exorbitant appropriations to fund them. In a serious blow to this scheme, the appropriators funded only $38 million out of $72.69 million requested for paper studies. Although not yet officially reported, conventional wisdom in Washington, DC is that the Nuclear Weapons Council (composed of senior officials from both NNSA and the Pentagon) has already canceled the interoperable warhead.

The appropriators also require NNSA to submit a report by May 1 explaining the costs and benefits of stress testing plutonium pits at the Lawrence Livermore National Laboratory in California. These radioactive nuclear weapons cores would have to be transported back and forth from the Los Alamos Lab. This is significant because Livermore’s continuing future in nuclear weapons programs is becoming increasingly questionable, given the failure of its flagship National Ignition Facility to initiate fusion, its loss of security status to handle large amounts of plutonium, and now the doubtful future of interoperable warheads, which it was banking on.

Concerning the proposed Uranium Processing Facility (UPF) near Oak Ridge, TN, the appropriators provided $309 out of $325.8 million requested, but noted that it is an adjustment caused by the necessity to consider additional alternatives. The UPF has been under increasing fire after a half-billion dollar design mistake and a recent Pentagon estimate that it would cost $12 to $19 billion, up from $6 billion. Conspicuous in its absence is any mention of follow-on to the deferred plutonium facility at LANL (the “CMRR-Nuclear Facility”) whose mission is to expand plutonium pit production, or NNSA’s “alternative plutonium strategy.”

The appropriators also provided $343.5 million for the Mixed Oxide (MOX) Fuel Fabrication Facility, adding to the $320 million requested. However, they directed NNSA to identify the root causes of cost increases and prioritize recommended solutions and corrective measures, showing that this program too is in serious jeopardy.

The appropriators funded $224.79 million for “cleanup” at the Los Alamos National Laboratory, which primarily consists of removing radioactive transuranic wastes that were suppose to be shipped to the Waste Isolation Pilot Plant a decade ago. In contrast, LANL is planning to “cap and cover” around one million cubic meters of radioactive and toxic wastes and backfill, creating a de facto permanent, unlined nuclear waste dump above groundwater and the Rio Grande.

Jay Coghlan, Nuclear Watch New Mexico Director, commented, “The nuclear weaponeers have won for now the battle over funding for the gold-plated B61 bomb Life Extension Program, but we look forward to the coming fight over next year’s budget. The rest of their plans are falling apart because they are so often their own worst enemy with constant cost overruns and lack of clear need. We are confident that given the trillion dollar cost for future nuclear weapons, subs, bombers, and missiles, the public will increasingly demand cleanup and related jobs, not more nuclear bombs.”

 

# # #

 

The omnibus appropriations bill can be viewed at http://docs.house.gov/billsthisweek/20140113/113-HR3547-JSOM-D-F.pdf

The NNSA section begins at p. 34 or PDF p. 70.

 

 

Nukes Will Cost One Trillion over 30 Years; Cleanup, Job Creation Imperiled

Nuclear Weapons “Modernization” Will Cost One Trillion Dollars Over Thirty Years;

Locally, Los Alamos Lab Cleanup and Job Creation Are Imperiled

The nonpartisan Congressional Budget Office (CBO) has just released its study Projected Costs of Nuclear Forces 2014 -2023. Its stunning conclusion is that estimated costs for maintenance and “modernization” of the nuclear weapons stockpile, delivery systems, and research and production complex will total $355 billion over the next decade. This is 70% higher than the figure the Obama Administration reported to Congress in May 2012.

As if this were not bad enough, the CBO also reports that costs after 2023 will increase yet more rapidly since “modernization” is only now beginning. The report does not attempt to project costs for maintenance and modernization of nuclear forces over the planned period of the next thirty years, but given current trends it will easily exceed one trillion dollars.

Approximately two-thirds of the modernization costs will be for new submarines, bombers and missiles that could be operational for the rest of this century, contrary to the Obama Administration’s rhetoric of a future world free of nuclear weapons. The remaining third will be for the Department of Energy’s research and production complex, which includes the Los Alamos, Lawrence Livermore and Sandia nuclear weapons labs.

While the American public at large is experiencing growing income inequality and limited economic opportunity, nuclear weapons contractors are experiencing increasing profits and decreasing federal oversight. The for-profit corporations running the labs, comprised of Lockheed Martin (the world’s biggest defense contractor), Bechtel, and the University of California, plan a never-ending cycle of exorbitantly expensive “Life Extension Programs.” These programs will not only extend the service lives of existing nuclear weapons for decades, but also give them new military capabilities, contrary to declared U.S. international policy. Ironically, the contractors’ drive for profits may undermine national security, as confidence in our nuclear weapons could be eroded by planned massive changes to an extensively tested stockpile that has been proven to be reliable.

The Los Alamos National Laboratory (LANL) had planned to “modernize” with a new facility to support expanded production of plutonium pit cores (or “primaries”) for nuclear weapons. Because of budget constraints, the Obama Administration decided to defer it in favor of the Uranium Processing Facility near Oak Ridge, TN, for production of nuclear weapons “secondaries.” The LANL plutonium project, known as the Chemistry and Metallurgy Research Replacement (CMRR)-Nuclear Facility, had grown from an original estimate of $600 million to around $6 billion, for which it would not have created a single new permanent job (it would have merely relocating existing Lab jobs). But the Uranium Processing Facility has now grown from a similarly estimated $600 million to an astounding worse case $19 billion, in part due to a simple design error that cost a half-billion dollars just to correct on paper.

So-called nuclear weapons modernization at these costs is clearly not sustainable, especially when they create few if any new permanent jobs. Moreover, they exist for a product that must never be used (i.e. nuclear weapons). Therefore, they are of little economic benefit to society outside of the privileged enclaves that benefit from nuclear weapons research and production (for example, Los Alamos County is the second richest county out of 3,077 counties in the USA).

Funding for nuclear weapons modernization programs will rob taxpayers’ dollars for programs that local citizens really need. For example, the Los Alamos Lab plans to “cap and cover” its largest waste dump (called “Area G”), leaving up to one million cubic meters of poorly characterized radioactive and toxic wastes and backfill permanently buried in unlined pits and shafts. This will create a de facto permanent nuclear waste dump above the Rio Grande, and most importantly above a sole source groundwater aquifer that supplies 270,000 people in the arid Southwest.

The Cities of Santa Fe and Taos, New Mexico, oppose LANL’s plans to create a permanent nuclear waste dump, passing resolutions demanding full characterization of the wastes and offsite disposal. The resolutions note that, “full cleanup of Area G would be a win-win for New Mexicans, permanently protecting our precious groundwater and the Rio Grande while creating 100’s of high paying jobs for twenty years or more.” The costs for full cleanup of Area G would be about the same as four to five years’ worth of the Lab’s nuclear weapons programs that caused the mess to begin with.

Jay Coghlan, Nuclear Watch NM Director, commented, “We simply can’t afford to squander precious taxpayers’ money on programs that enrich contractors while introducing radical changes to fully tested nuclear weapons. This may harm national security by undermining confidence in stockpile reliability. Instead, New Mexicans should demand that their elected officials invest taxpayers’ money in programs that create real security for citizens, such as creating jobs that protect diminishing water resources, rather than their habitual support for unneeded, mismanaged and exorbitantly expensive nuclear weapons programs.”

# # #

 The Congressional Budget Office report Projected Costs of Nuclear Forces 2014 -2023 is available at http://www.cbo.gov/sites/default/files/cbofiles/attachments/12-19-2013-NuclearForces.pdf

The Santa Fe City press release announcing passage of its resolution opposing “cap and cover’ of Los Alamos Lab’s largest radioactive and toxic waste dump is available at https://web.archive.org/web/20220819151417/https://www.santafenm.gov/news/detail/santa_fe_city_council_unanimously_passed_resolution

For a comparative estimate of cleaning up LANL’s Area G radioactive and toxic waste dump see https://nukewatch.org/facts/nwd/Area_G_Comparison_Costs-11-14-12.pdf

For a history of successful citizen activism against expanded plutonium pit production see https://nukewatch.org/facts/nwd/Pit-Production-History.pdf

Scroll to top