Federal nuclear regulatory panel rejects all objections to proposed New Mexico nuclear dump

The Holtec U.S. Nuclear Regulatory Commission (NRC) Atomic Safety and Licensing Board (ASLB) nuclear regulatory panel has spoken. None of the contentions by any of the intervenors was admitted.  Not even a pretense of allowing public participation. No one — Sierra Club, Beyond Nuclear, Fasken, AFES, transportation intervenors — was allowed any contentions.

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A Tale of Two Consent Orders and What Is Needed

On March 1, 2005, after arduous negotiations and threats of litigation, the New Mexico Environment Department (NMED), Department of Energy (DOE), and Los Alamos National Laboratory (LANL) entered into a Consent Order specifying the schedule for investigation and cleanup of the Lab’s hundreds of contaminated sites. This Consent Order (CO) was LANL’s agreement to fence-to-fence cleanup of Cold War legacy wastes, which NMED began to enforce.

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GAO – Environmental Liability Continues to Grow, and Significant Management Challenges Remain for Cleanup Efforts

Department of Energy Office of Environmental Management’s Fiscal Year 2017 Estimated Environmental Liability, by Cleanup Site

DOE Environmental Management’s (EM’s) environmental liability grew by $214 billion in fiscal years 2011 through 2018, even though EM spent over $48 billion on cleanup.

GAO found that this liability may continue to grow for several reasons:

•EM’s environmental liability does not include the costs of all future cleanup responsibilities. For example, as of April 2018, DOE and its contractor had not negotiated a cost for completing a large waste treatment facility, called the Waste Treatment and Immobilization Plant, at the Hanford site.

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Trump’s 2020 Nuclear Weapons Budget Escalates New Arms Race

DOE logo
DOE logo

Posted By Scott Kovac

Santa Fe, NM – Today the Trump Administration released more budget details for the Department of Energy and its semi-autonomous National Nuclear Security Administration’s nuclear weapons programs for fiscal year 2020. This same fiscal year will also mark the 75th anniversaries of the atomic bombings of Hiroshima and Nagasaki.

Global Nuclear Weapons Threats Are Rising

More than 25 years after the end of the Cold War, all eight established nuclear weapons powers are “modernizing” their stockpiles. Talks have broken down with North Korea, the new nuclear weapons power. Nuclear-armed India and Pakistan narrowly averted war last month. Russian President Vladmir Putin made new nuclear threats in response to Trump’s announced withdrawal from the Intermediate-Range Nuclear Forces Treaty. This could lead to hair-trigger missile emplacements in the heart of Europe and block extension of the New Strategic Arms Reduction Treaty with Russia. If so, the world will be without any nuclear arms control at all for the first time since 1972.
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Fukushima: Eighth Anniversary of a Crippling Nuclear Disaster


A man prays in front of the former Okawa elementary school in Ishinomaki, Miyagi Prefecture on the eighth anniversary of the 2011 tsunami disaster. (Credit 2019 AFP)

BY SOPHIA STROUD | – NukeWatch NM Web Designer

On Friday, March 11, 2011, a 9.0 M earthquake occurred off the East coast of Japan, triggering a massive tsunami in the region of Tohoku. In the Miyagi and Fukushima prefectures of this region, the wave was over 10 meters tall upon landfall. During the 1970s and 80s, coastal residents of Japan welcomed nuclear power, and two plants were built to supply electricity to Tokyo. When the tsunami hit in 2011, many districts of Fukushima lost power, which caused the cooling system in TEPCO’s Fukushima Daiichi nuclear power plant to fail.

This power failure led to a series of nuclear meltdowns and hydrogen-air chemical reactions within the plant, which caused a release of highly radioactive material into the surrounding environment. The radioactive plume released from the Fukushima nuclear power plant was large enough to carry radioactive material for miles in every direction, and nearby residents were immediately evacuated. The Fukushima Daiichi nuclear power plant meltdown and ensuing leakage of radioactive materials was a disaster on the scale of Three Mile Island and Chernobyl.

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Trump Budget Would Continue Nuclear Weapons Buildup and Bring More Nuclear Waste to NM

Otherwords national-security-cartoon1
Otherwords – A missile in every pot

By Scott Kovac, Operations and Research Director

The White House released the top line numbers of its fiscal year 2020 Congressional budget request and, although there are some increases heading to New Mexico, they are not the increases that we’d like to see. It’s called – A Budget For a Better America,  Promises Kept. Taxpayers First. but only Defense and Department of Energy (DOE) weapons contractors are going to think that anything is better. Meanwhile the rest of us taxpayers will, first and foremost, be looking at cuts to programs that affect us daily.

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WIPP Receives Notice of Upcoming Investigation for Chemical Overexposures to Workers

On January 29, 2019, DOE’s Office of Enterprise Assessments notified Nuclear Waste Partnership, LLC (NWP), the managing and operating contractor for the Waste Isolation Pilot Plan (WIPP), of its intent to investigate heat stress-related events and chemical exposures at WIPP. The events, occurring from July through October 2018, include multiple overexposures to hazardous chemicals, including carbon tetrachloride, nitrogen dioxide, and sulfur dioxide, as well as a series of heat-stress incidents.

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New Estimate ($377B) Raises Cost of Cold War Cleanup (Again)

EM site map GAO 2019
Department of Energy Office of Environmental Management (EM) Sites Where Cleanup Remains

At some point, DOE will have to admit that it has no idea what it will cost to cleanup the Cold War nuclear weapons complex sites. DOE should stop making more wastes until the existing wastes are remediated. The new estimate is more that twice the amount that has been spent in total since cleanup began in 1989, with the most difficult sites still to come.

We’ve said it before and we’ll say it again – Clean Up, Don’t Build Up!

The thing is that the new $377 billion estimate includes leaving much of the waste behind.

Program-Wide Strategy and Better Reporting Needed to Address Growing Environmental Cleanup Liability GAO-19-28: Published: Jan 29, 2019. Publicly Released: Jan 29, 2019.

The Department of Energy is tasked with cleaning up waste from Cold War nuclear weapons production, much of which is hazardous or radioactive. The department’s Office of Environmental Management estimates that future work could cost at least $377 billion—$109 billion more than last year’s estimate.

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Plutonium Pit Production NEPA Talking Points

LANL Molten Plutonium for Pit
Molten plutonium in a crucible. 

The National Environmental Policy Act (NEPA) is the landmark environmental law which requires executive agencies to give the public the opportunity to formally review and comment on major federal proposals. These talking points outline the history of the Department of Energy’s NEPA compliance on its various proposals concerning the production of plutonium pits (the fissile cores of nuclear weapons). The conclusion is that DOE’s semi-autonomous National Nuclear Security Administration (NNSA) is legally required to prepare a supplemental programmatic environmental impact statement (PEIS) on its current plan to expand plutonium pit production.

There are at least three reasons why NNSA must complete a supplemental programmatic environmental impact statement for expanded plutonium pit production:
1)    Implementing regulations for the National Environmental Policy Act stipulate that “DOE shall prepare a supplemental EIS if there are substantial changes to the proposal or significant new circumstances or information relevant to environmental concerns…” 10. C.F.R. § 1021.314
2)    As precedence, since 1996 there have been five programmatic environmental impact statements related to pit production and its expansion. It is legally unlikely that NNSA could implement its current plan to expand plutonium pit production without a new supplemental PEIS.
3)    Now that NNSA is planning to produce more than 50 pits per year (or more than 80 pits under multiple shift operations), it is obliged by the 1998 court order to prepare a new PEIS.
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NukeWatch Joins Suit To Stop WIPP Expansion

WIPP standard waste box
The SWB was qualified by the U.S. Department of Energy (USDOE) in 1988.

NukeWatch Joins Suit To Stop WIPP Expansion

On January 17, 2019, Southwest Research and Information Center (SRIC) and Nuclear Watch New Mexico (NWNM) filed an appeal in the New Mexico Court of Appeals to overturn the New Mexico Environment Department (NMED) approval of the Waste Isolation Pilot Plant (WIPP) Disposal Volume permit modification, which was issued on December 21, 2018.

The modification would allow expansion of WIPP’s capacity by approximately 30 percent and was issued over the repeated opposition of many New Mexico organizations.

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The Trump Administration’s Department of Energy (DOE) has announced it intends to leave almost all of the contaminated soil in its area of the Santa Susana Field Laboratory (SSFL) not cleaned up, despite admitting that would violate the legally binding agreement it entered into with California in 2010. The breach of long-standing promises is included in the final Environmental Impact Statement (EIS) for the SSFL cleanup, released by the Department of Energy on December 18, 2018.

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Belen passes resolution opposing nuclear waste transportation

Watch Dog

Belen passes resolution opposing nuclear waste transportation

NISG (Nuclear Issues Study Group) worked to get a resolution opposing the transportation of High Level Radioactive Waste in front of the City of Belen. The Belen City Council passed the resolution on Nov. 19th! It was 3 votes yes and 1 abstention. Belen is the 18th City or county or chapter house to pass it in New Mexico and Texas.

Read more about it here

Santa Fe County passed a similar resolution – A Resolution in the Interest of Protecting Our Lives, Land and Water From Radioactive Waste Risks.

Read more about it here

Citizens Oppose Plans For New Mexico Nuclear Waste Dump

Citizens Oppose New Mexico Nuke Dump

Halt Holtec
Local citizens lay out their views to Halt Holtec.
“We Don’t Want It!”

The Nuclear Waste Policy Act of 2018, HR 3053, known as the Shimkus Bill, has passed the House on its way to the Senate.

It calls for restarting the failed Yucca Mountain Project in Nevada, and establishing a system of Consolidated Interim Storage (CIS) sites for radioactive waste around the country until Yucca is operational.

First on the list of possible ‘temporary’ CIS dumps is a site proposed by Holtec International and the local Eddy-Lea Alliance just outside Hobbs, New Mexico. Its just over the border from Andrews, Co., Texas – where another high level nuke waste dump is also proposed.

Proponents tout it as an economic boon. Opponents see as it a public health and environmental disaster.

Planned to eventually hold more metric tons of waste than Yucca itself will be designed for, the Hobbs site could well become America’s de facto national dump site, if Yucca never gets built.

At a recent series of Nuclear Regulatory Commission community meetings on the proposed site, opposition was strong from many of New Mexico and Texas public sectors.

A press conference by local citizens laid out their views.
“We Don’t Want It!” Halt Holtec campaign continues. Opposition to proposed nuke dump is strong and growing.

Several Videos Are Here

New Contractors Selected For Expanded Nuclear Weapons Production at Los Alamos

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

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

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

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

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

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

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

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

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

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

 Today the National Nuclear Security Administration (NNSA) announced:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

# # #

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

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


Call to action! Comments Against WIPP Expansion Needed By April 3rd

Call to action!

Comments on WIPP Expansion Needed By April 3rd

Informational Meeting Is March 8th


New Mexico is under growing nuclear attack.

·      Plutonium pit production increases are planned for Los Alamos.

·      There are serious plans for all of the nation’s commercial spent nuclear fuel to head to NM.

·      WIPP has a major expansion in the works to allow even more radioactive waste into NM.

Today we ask you to join with others to stop a proposed major Waste Isolation Pilot Plant (WIPP) expansion. Officials at the WIPP are proceeding with a deluge of permit modifications to try to get as much weakening of the Hazardous Waste Permit as they can before 2019.

Because DOE is so far behind emplacing waste at WIPP, including because of the three-year shutdown from the 2014 radiation release, and they are running out of underground space, they want to change the way waste volume is measured. Since the 1970s, DOE has agreed that the amount of waste is the volume of the outer-most container. Now, DOE wants to estimate the amount of waste inside each container and use that lesser amount.

By April 3, we need You to submit written comments opposing DOE’s request. If possible, you can find out more at a public meeting (which isn’t for public comments):

“Clarification” of TRU Mixed Waste Disposal Volume Reporting

Thursday, March 8, 2018 3 – 5 p.m.
Courtyard by Marriott, 3347 Cerrillos Road, Santa Fe, New Mexico

DOE’s request is at: http://wipp.energy.gov/rcradox/rfc/Volume_of_Record.pdf


What to expect at this March 8 meeting:

·      Interested people, including NM Environment Department officials, gathered to discuss this issue in one of the smaller conference rooms

·      Optional sign-in sheet, and DOE handouts of their presentation

·      A presentation of the proposed plan by DOE

·      Question and answer period – Make sure you get all your questions answered

·      No opportunity for formal public comments


WIPP is now filling Panel 7 (of 10 originally proposed), which is about 70% of the space. But WIPP has only emplaced ~92,700 m3 of waste (about 53% of the 175,564 m3 allowed). DOE has “lost” more than 30,000 m3 of space by its inefficiency and contractor incompetence. Measuring the waste the proposed new way decreases the ‘amount of waste’ emplaced to date by ~26,000 m3.

The proposed modification is controversial and is part of a larger plan to expand WIPP, but is submitted as a Class 2 Permit Modification Request (PMR), which has lesser public input opportunities.  The public has opposed WIPP expansion for years and decades.  There is significant public concern and interest in the WIPP facility. This PMR should be a Class 3, which includes much more public input, a formal public hearing — a process that could take up to a year.

We will provide sample comments by April 3rd, but your comments are just as important.

The complete Permit Modification Request is here –


Class 2 Permit Modification Request Clarification of TRU Mixed Waste Disposal Volume Reporting Waste Isolation Pilot Plant Permit, Number NM4890139088-TSDF dated January 31, 2018



By April 3, please mail or fax or e-mail comments to:

Mr. Ricardo Maestas

New Mexico Environment Department

2905 Rodeo Park Drive East, Building 1

Santa Fe, NM 87505

Fax: 505-476-6030

E-mail: [email protected]

New Radiation Symbol

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

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

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

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

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

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

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

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

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

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

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

# # #

Media excerpts (copying URLs into browser is recommended):

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

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

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

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

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

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

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

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

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

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

Testimony Calls Out Continued DOE Cost Estimating Mismanagement

Testimony Calls Out Continued DOE Cost Estimating Mismanagement

Given that DOE has challenges estimating almost all large projects, taxpayers must push to spend on cleanup first. Both nuclear weapons and environmental management estimates keep increasing. We can keep spending on dangerous nuclear weapons that we don’t need, or we can finally focus on cleaning up the Cold War mess.

Government Accountability Office (GAO) officials presented some of their recent work to Congress concerning management problems facing the Department of Energy’s (DOE) National Nuclear Security Administration (NNSA) and Office of Environmental Management (EM). NNSA is responsible for managing the nation’s nuclear weapons and supporting the nation’s nuclear nonproliferation efforts. In support of these missions, NNSA’s February 2016 budget justification for the Weapons Activities appropriations account included about $49.4 billion for fiscal years 2017 through 2021 to implement its nuclear weapons complex modernization plans. More recently, in November 2017, NNSA issued its Stockpile Stewardship and Management Plan, which included about $10.2 billion for nuclear weapons activities for fiscal year 2018.

Since the end of the Cold War, it is claimed that much of the nuclear weapons production infrastructure has become outdated, prompting congressional and executive branch decision makers to call on DOE to develop plans to modernize. The Department of Defense’s (DOD) 2010 Nuclear Posture Review identified long-term modernization wishes and alleged requirements. In January 2017, the President directed the Secretary of Defense to initiate a new Nuclear Posture Review to meet the Administration’s vision. This review was released in February 2018.

GAO has found that NNSA’s estimates of funding needed for its modernization plans exceeded the budgetary projections included in the President’s own modernization budgets. And the costs of some major modernization programs—such as for nuclear weapon Life Extension Programs (LEPs) — may also increase and further bust future modernization budgets.

The LEPs facing potential cost increases include:

B61-12 LEP. An independent cost estimate for the program completed in October 2016 exceeded the program’s self-conducted cost estimate from June 2016 by $2.6 billion.

W80-4 LEP. Officials from NNSA’s Office of Cost Policy and Analysis told us that this program may be underfunded by at least $1 billion to meet the program’s existing schedule

W88 Alteration 370. According to officials from NNSA’s Office of Cost Policy and Analysis, this program’s expanded scope of work may result in about $1 billion in additional costs.

EM is responsible for decontaminating and decommissioning nuclear facilities and sites that are contaminated from decades of nuclear weapons production and nuclear energy research. In February 2017, GAO reported that, since its inception in 1989, EM has spent over $164 billion on cleanup efforts, which include retrieving, treating, and disposing of nuclear waste.

GAO found that the federal government’s environmental liability has been growing for the past 20 years—and is likely to continue to increase—and that DOE is responsible for over 80 percent ($372 billion) of the nearly $450 billion reported environmental liability. Notably, this estimate does not reflect all of the future cleanup responsibilities that DOE may face.

EM Growing Liability
Department of Energy’s Office of Environmental Management’s Annual Spending and Growing Environmental Liability













As NNSA works to modernize the nuclear weapons complex, EM is addressing the legacy of 70 years of nuclear weapons production. These activities generated large amounts of radioactive waste, spent nuclear fuel, excess plutonium and uranium, and contaminated soil and groundwater. They also contaminated thousands of sites and facilities, including land, buildings, and other structures and their systems and equipment. Various federal laws, agreements with states (including New Mexico), and court decisions require the federal government to clean up environmental hazards at federal sites and facilities, such as nuclear weapons production facilities. For years, GAO and others have reported on shortcomings in DOE’s approach to addressing its environmental liabilities, including incomplete data on the extent of cleanup needed.

EM has some budget issues, too.

Examples of costs that DOE cannot yet estimate include the following:

DOE has not yet developed a cleanup plan or cost estimate for the Nevada National Security Site and, as a result, the cost of future cleanup of this site was not included in DOE’s fiscal year 2015 reported environmental liability. The nearly 1,400-square-mile site has been used for hundreds of nuclear weapons tests since 1951. These activities have resulted in more than 45 million cubic feet of radioactive waste at the site. According to DOE’s financial statement, since DOE is not yet required to establish a plan to clean up the site, the costs for this work are excluded from DOE’s annually reported environmental liability.

DOE’s reported environmental liability includes an estimate for the cost of a permanent nuclear waste repository, but these estimates are highly uncertain and likely to increase. In March 2015, in response to the termination of the Yucca Mountain repository program, DOE proposed separate repositories for defense high-level and commercial waste. In January 2017, we reported that the cost estimate for DOE’s new approach excluded the costs and time frames for site selection and site characterization.

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

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


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

Councilwoman Villarreal, who led the effort, commented:

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

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

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

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

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

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

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

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

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

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

# # #

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


Chromium Groundwater Contamination at Los Alamos Lab Far Greater Than Previously Expected; LANL’s Treatment Plan Must Be Drastically Changed

The Los Alamos National Laboratory (LANL) has detected far more hexavalent chromium (Cr) contamination than previously estimated in the “sole source” regional groundwater aquifer that serves Los Alamos, Santa Fe and the Española Basin. Sampling in July from a new well meant to inject treated groundwater back into the aquifer detected chromium contamination five times greater than the New Mexico groundwater standard of 50 micrograms per liter (ug/L).

Hexavalent chromium is a known carcinogen, and is the culprit in many illnesses as depicted in the well-known film Erin Brockovich. A “sole source aquifer” is a designation given by the Environmental Protection Agency when an aquifer supplies at least 50 percent of the drinking water for its service area and there are no reasonably available alternative drinking water sources should the aquifer become contaminated. Nuclear Watch discovered the alarming data in obscure entries in the Lab’s contamination database IntellusNM (http://intellusnm.com).

The location of the particular well, Chromium Injection Well 6 (CrIN-6), was chosen because LANL thought that it would be on the edge of the chromium groundwater plume where detection samples would be below the New Mexico standard of 50 ug/L, or in other words on the boundary of what legally requires treatment. Given this new information, if this new well is used to inject treated water, it will help push the contamination beyond Lab boundaries instead of blocking it. The thickness of the chromium plume at this location is not exactly known, but elsewhere it contaminates approximately the top 80 feet of the groundwater aquifer.

LANL’s “Chromium Plume Interim Measures Plan”, approved by the New Mexico Environment Department (NMED), is designed to remove chromium contaminated water from the center of the plume through extraction wells, treat it so it meets the state’s ground water standard, and inject the treated water into the leading edge of the plume in an attempt to slow or halt the plume migration.

CrIN-6 is currently the last proposed injection well, while injection wells 1 through 5 are already active. The new data indicates that the leading edge of the plume passed CrIN-6’s location some time ago. Injecting treated water into it now will only serve to push the plume farther east toward San Ildefonso Pueblo and the Buckman Wells that the City of Santa Fe relies on for a third of its drinking water.

The new data suggest there will have to be will have to be a complete re-thinking of chromium groundwater treatment by LANL and NMED, with more wells needed to both accurately find the true boundary of the chromium plume and eventual treatment. This inevitably means that remediation will take longer and cost more, when at the same time NMED weakened its own regulatory authority through a revised Consent Order governing cleanup that it agreed to with the Department of Energy last year (for more, see background below).

Jay Coghlan, Nuclear Watch Director, commented, “Timely budgets for additional urgently needed cleanup work at Los Alamos are far from being a given. The 2016 Consent Order that NMED and DOE negotiated both weakened and delayed cleanup at LANL, and allows DOE to get out of cleanup by simply claiming that it is too expensive or difficult. But we demand that DOE find additional funding to immediately address this threat to New Mexico’s precious water resources, without robbing other badly needed cleanup projects.” In contrast, funding for the Lab’s nuclear weapons that caused the contamination to begin with continues to grow.

NukeWatch Operations Director, Scott Kovac stated, “It is easy for data to get buried and never see the light of day in the Lab’s contamination database. LANL should proactively keep the public continuously informed of important new developments. NMED and LANL must modify and expand the chromium groundwater treatment plan to meet this growing threat. The new well must not be used for injection, and instead treated water should be injected in front of the contaminant source to help permanently flush it out, instead of behind it which will push the contamination offsite.”

# # #


Chart of samples data from Intellus NM compiled by Nuclear Watch. To locate data, go to http://intellusnm.com and search by Location ID.

Field Sample ID Location ID Sample Date Parameter Name Report Result Report Units Sample Time
CrIN6-17-142149 CrIN-6 07-16-2017 Chromium 247.24 ug/L 19:00
CrIN6-17-142150 CrIN-6 07-16-2017 Chromium 249.69 ug/L 23:00
CrIN6-17-142148 CrIN-6 07-17-2017 Chromium 262.07 ug/L 15:00
CrIN6-17-142151 CrIN-6 07-17-2017 Chromium 252.07 ug/L 03:00
CrIN6-17-142152 CrIN-6 07-17-2017 Chromium 260.22 ug/L 11:00
CrIN6-17-142154 CrIN-6 07-17-2017 Chromium 257.65 ug/L 07:00
CrIN6-17-142163 CrIN-6 07-17-2017 Chromium 259 ug/L 15:00

Chromium was released into the head of Sandia Canyon until 1972.

  • Potassium dichromate was used in cooling towers as a corrosion inhibitor at a Laboratory power plant
  • Up to 72,000 kg was released from 1956-72 in hexavalent form [Cr(VI)]

Discovered in 2004

  • A Cr plume is in the regional aquifer at 900–1,000 feet below the canyon bottom at deepest, which places the Cr into the top of the aquifer
  • Size was estimated at approximately 1 mile x 1/2 mile x <50 feet thick
  • Plume edge is approximately 1?2 mile from the closest drinking water well

For how the 2016 Consent Order has weakened NMED’s regulatory authority, see https://nukewatch.org/facts/nwd/Consent-Order-should-be-rescinded-9-10-17.pdf

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

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

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

Interested citizens should judge for themselves. The 2016 revised Consent Order is available at https://web.archive.org/web/20170615022416/http://www.lanl.gov/environment/protection/compliance/order-on-consent.php

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

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

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

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

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

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


Oppose Plans To Bring ALL the Nation’s Commercial Reactor Waste To New Mexico!

Oppose Plans To Bring ALL the Nation’s Commercial Reactor Waste To New Mexico!

Contact your New Mexico U.S. Representative ASAP!

Contact Information and Sample Request are Below

Please vote against Shimkus Nuclear Waste Bill

U.S. Rep. John Shimkus (Republican-Illinois) succeeded in rushing his high-level radioactive waste dump/centralized interim storage facility (including parts targeted at New Mexico!) legislation past the Environment and the Economy Subcommittee he chairs.

Title I of the bill provides that the DOE Secretary could enter into agreements to pay for private storage facilities, such as the Holtec site in Eddy and Lea Counties in New Mexico. That would change the existing law’s prohibitions of such DOE action, which have been in place for 35 years.

If a centralized interim storage facility, or “de facto permanent parking lot dump,” is opened at the Eddy-Lea [Counties] Energy Alliance (ELEA) site near the Waste Isolation Pilot Plant, incredibly large numbers of high-level radioactive shipments could come to NM. ELEA is a scheme being promoted by the New Jersey-based Holtec International irradiated nuclear fuel shipping/storage container company. Holtec submitted its application to the Nuclear Regulatory Commission (NRC) for a 40-year license to store 100,000 metric tons of commercial spent fuel. There are currently 80,000 metric tons stored at reactors around the country.

ALL the commercial spent fuel in the country could end up in New Mexico, which has no commercial reactors and did not generate any of this waste.

Please note that Ben Ray Luján (Democrat-New Mexico-3rd U.S. Congressional District) <http://lujan.house.gov/> serves on the U.S. House Energy & Commerce Committee. If you reside in his district, it is especially important that you contact him ASAP, urging his leadership in opposing this bill! And please urge your friends, neighbors, family, etc. to do the same!

If you reside elsewhere in New Mexico, please contact your own U.S. Representative. This bill will impact the entire state of New Mexico — in fact, it will impact the entire country!


BEN RAY LUJÁN (Democrat-NM’s 3rd U.S. Congressional District)

Email <https://lujan.house.gov/email-me/>

Washington, D.C. office direct phone number: (202) 225-6190

Santa Fe Office, Ph: (505) 984-8950


MICHELLE LUJAN GRISHAM (Democrat-NM’s 1st U.S. Congressional District)

Email Link <https://lujangrisham.house.gov/contact>

Washington, D.C. Office: Ph:(202) 225-6316

Albuquerque Office: Ph: (505) 346-6781


U.S. Rep. STEVE PEARCE (Republican-NM’s 2nd U.S. Congressional District)

Washington, D.C. Office: Phone: (202) 225-2365

Alamogordo Office: Phone: 855-4-PEARCE


For More Info




Subject: Please vote against Shimkus Nuclear Waste Bill

Please convey to Rep. Lujan our strong opposition to the Shimkus unnumbered nuclear waste bill that was reported by the Environment Subcommittee of E&C on June 15. We ask that he vote against the bill during full committee markup. We also urge him to speak against the bill and voice New Mexico’s objections to being targeted for ALL of the nation’s commercial spent nuclear fuel.

Title I of the bill provides that the DOE Secretary could enter into agreements to pay for private storage facilities, such as the Holtec site in New Mexico and Waste Control Specialists in Texas. That would change the existing law’s prohibitions of such DOE action, which have been in place for 35 years.

Such a change is unwarranted because spent fuel can stay at the existing reactor storage sites, would allow for unnecessary and dangerous transportation across the nation, and supports a false premise that New Mexicans support such a facility. As the Congressman knows, that is not true. New Mexicans opposed spent nuclear fuel and high-level waste coming to WIPP, which resulted in the prohibition of such waste in the 1992 WIPP Land Withdrawal Act.

New Mexicans and many tribal members opposed the private storage facility proposed on the Mescalero Apache Reservation in the 1990s. New Mexicans continue to oppose bringing spent fuel to the state. The Holtec license application to the Nuclear Regulatory Commission states that the site would be designed for 100,000 metric tons of commercial spent fuel. That’s ALL of the spent fuel that currently exists (less than 80,000 metric tons), plus decades more of spent fuel production at nuclear power plants.

The bill also has many objectionable provisions related to Yucca Mountain, western water and land rights, reducing environmental protections, among many other things.

Thus, the bill’s many flaws make it unworkable.

Please vote against the bill during markup.

Thank you very much for your consideration.

Your name


Zip Code


Costs Jump in Nuclear Weapons vs. Cleanup; Nuclear Weapons Winning over Environmental Protection

 America is at a crossroads, having to choose between an unnecessarily large, exorbitant, nuclear weapons stockpile, and cleanup that would protect the environment and water resources for future generations. Expanded nuclear weapons research and production, which will cause yet more contamination, is winning.

Two recently released government reports make clear the stark inequality between the so-called modernization program to upgrade and indefinitely preserve U.S. nuclear forces (in large part for a new Cold War with Russia), and the nation-wide program to clean up the radioactive and toxic contamination from the first Cold War. The Obama Administration launched a trillion dollar nuclear weapons “modernization” program, which President Trump may expand. In contrast, cleanup of the first Cold War mess has been cut from a high of $8.5 billion in 2003 to $5.25 billion in 2016, even though comprehensive cleanup would produce far more jobs than nuclear weapons programs.

With respect to cleanup, last week the Congressional Government Accountability Office (GAO) released its bi-annual High-Risk Series, which added “Environmental Liabilities” to its list of federal programs and operations that are particularly susceptible to fraud, waste, abuse, and mismanagement. Environmental liabilities are expressed as the estimated taxpayers’ cost of necessary future cleanup.

The Department of Energy is running the world’s largest cleanup program addressing the massive contamination caused by Cold War nuclear weapons research and production. But that national program is plagued by inefficiencies, mismanagement, cost overruns and excessive contractor profits.

According to GAO, since 1989 DOE’s Office of Environmental Management has spent over $164 billion on cleanup. Nevertheless, “Despite billions spent on environmental cleanup, DOE’s environmental liability has roughly doubled from a low of $176 billion in fiscal year 1997 to the fiscal year 2016 estimate of $372 billion.”

Therefore, from a cost perspective, cleanup is going backwards fast. Moreover, that $372 billion won’t be anywhere near the total cost of comprehensive, genuine cleanup because not all contamination is yet known. Furthermore, DOE explicitly plans to “cap and cover” much of its existing buried radioactive and toxic wastes, creating de facto permanent nuclear waste dumps while declaring them cleaned up according to regulations.

In contrast, funding is rapidly rising for revamped nuclear weapons and the missiles, submarines and bombers to deliver these most formidable weapons of mass destruction. Underpinning this astronomical expense is the fact that instead of maintaining just the few hundred warheads needed for the publicly claimed policy of “deterrence,” thousands of warheads are being refurbished and kept to fight a potential nuclear war. This is the little known but explicit policy of the U.S. government. As a top-level 2013 Defense Department policy document put it, “The new guidance [in Obama’s 2010 Nuclear Posture Review] requires the United States to maintain significant counterforce capabilities against potential adversaries. The new guidance does not rely on a “counter-value’ or “minimum deterrence” strategy.”

President Reagan said long ago that nobody can win a nuclear war. Thousands of nuclear weapons are certainly not needed to deter emerging nuclear threats such as North Korea or potential nuclear terrorism. In addition, there are increasing hints (for example, by the Defense Department’s Defense Science Board) that the U.S. may develop and produce more precise low-yield nuclear weapons that are arguably more usable, and even possibly return to full-scale testing.

Expanded U.S. nuclear capabilities under the rubric of “modernization” involves the wholesale rebuilding of DOE’s nuclear weapons production complex; a perpetual cycle of Life Extension Programs that refurbish existing nuclear weapons while giving them new military capabilities; and completely new ballistic missiles, cruise missiles, heavy bombers and submarines to deliver the rebuilt nuclear weapons.

Not surprisingly, that’s going to cost American taxpayers more than previously thought. Last week the nonpartisan Congressional Budget Office (CBO) released its updated study Projected Costs of U.S. Nuclear Forces, 2017 to 2026. It estimated that “modernization” of the U.S. nuclear forces will cost $400 billion during 2017 to 2026. This is 15% higher than a CBO estimate two years ago of $348 billion for the 10-year period of 2015 to 2024.

Moreover, in its earlier report CBO asserted that the next two decades will cost even more. Therefore, modernization will exceed the one trillion dollars over 30 years that is often cited now. And that figure could go much higher yet should Trump accelerate modernization, which he implied when he tweeted the U.S. “must greatly strengthen and expand its nuclear capability…”

Common to both its nuclear weapons and cleanup programs, DOE has the singular distinction of having its contract management designated as high risk by GAO for 26 consecutive years. This is because the Department’s track record of inadequate management and oversight of contractors, who comprise 95% of all nuclear weapons complex employees, has left DOE vulnerable to fraud, waste and abuse. The list of busted projects is overwhelming, while the usual nuclear weapons contractors are typically not held accountable (for example, Bechtel’s Waste Treatment Plant at Hanford or Babcock and Wilcox’s half-billion dollar design mistake for Y-12’s proposed Uranium Processing Facility).

To illustrate this nation-wide problem locally, the Los Alamos National Laboratory (LANL), run by Bechtel and the University of California, recently signed a new 2016 Consent Order governing cleanup with the New Mexico Environment Department (NMED), which has coddled the nuclear weapons industry under Gov. Martinez. This new agreement pushes completion of Lab cleanup out to 2040, while creating loopholes where DOE can get out of cleanup by simply claiming that it is too difficult or costly. As a result, DOE has cut the Lab cleanup budget to around $188M per year, in contrast to a high of $225 million in 2014, or the $250 million per year that NMED has said in the past is necessary.

To add insult to injury, LANL’s estimated 3-4 billion dollar environmental liability assumes that nearly 200,000 cubic meters of radioactive and hazardous wastes are left behind forever in unlined dumps, protected only by “cap and cover” and thereby “cleaned up” according to regulations. But this, of course, is false cleanup. As a 2005 LANL hydrogeological report put it, “Future contamination at additional locations [in regional groundwater] is expected over a period of decades to centuries as more of the contaminant inventory reaches the water table.”

But nuclear weapon research and production at LANL, which threatens precious water resources, is not only thriving, but is expanding. Currently, up to $6 billion is planned to be spent on upgrading existing plutonium facilities and building new ones so that production can be expanded to 50-80 plutonium pits per year by 2028 (pits are the fissile cores of nuclear weapons). Ironically, expanded pit production is for exorbitant “Interoperable Warheads” for both intercontinental ballistic missiles and sub-launched missiles that the nuclear weapons labs are pushing but the Navy doesn’t want. Moreover, the planned changes to the existing, extensively tested nuclear stockpile are so radical that they could undermine confidence in performance reliability, possibly prompting a return to full scale testing.

Scott Kovac, Research Director at Nuclear Watch NM, commented, “Ten years from now, after taxpayers spend another $50 billion on cleanup, DOE’s environmental liability estimate will probably still be more than $400 billion. Meanwhile the US will have spent the same amount on expanded nuclear weapons production that will cause yet more contamination. That money should instead be used to get cleanup done once and for all, giving American taxpayers the real national security of a clean environment and safe drinking water.”

Jay Coghlan, Nuclear Watch New Mexico Executive Director, observed, “Over the next few decades the window will close for comprehensive, genuine cleanup. Unfortunately, our children and grandchildren will instead be saddled with the ongoing financial and environmental debts of never-ending improvements to nuclear weapons that keep a privileged elite rich. As citizens we need deep and meaningful contractor reform and stronger federal oversight. The directors of the nuclear weapons labs should be stripped of their two-hatted role as the presidents of the for-profit limited liability corporations that run the labs, which are built-in conflicts-of-interest. Then perhaps we would begin to see jobs-creating cleanup programs taking precedence over unneeded, exorbitant nuclear weapons programs that threaten global security and local environments.”


GAO High-Risk Series 2017 is available at http://www.gao.gov/products/GAO-17-317

Specific DOE cleanup cost numbers are at http://gao.gov/highrisk/us_government_environmental_liability/why_did_study#t=1

Projected Costs Of U.S. Nuclear Forces, 2017 To 2026 February 2017 is available at https://www.cbo.gov/sites/default/files/115th-congress-2017-2018/reports/52401-nuclearcosts.pdf

The quote on top-level counterforce nuclear weapons doctrine is from:

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

For possible more usable nuclear weapons and a return to full-scale testing, see Seven Defense Priorities for the New Administration, Defense Science Board, December 2016, http://www.acq.osd.mil/dsb/reports/Seven_Defense_Priorities.pdf
The quote on more expected groundwater contamination is from LANL’s Hydrogeologic Studies of the Pajarito Plateau: A Synthesis of Hydrogeologic Workplan Activities (1998–2004), ER2005-0679 December 2005, Page 5-15, http://www.worldcat.org/title/los-alamos-national-laboratorys-hydrogeologic-studies-of-the-pajarito-plateau-a-synthesis-of-hydrogeologic-workplan-activities-1998-2004/oclc/316318363

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