Los Alamos Nat’l Lab Files Motion to Dismiss James Doyle Whistleblower Case

Dr. James Doyle:

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

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

Santa Fe, NM

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

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

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

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Nuclear Weapons Experts File Amicus Brief to Support Marshall Islands Lawsuit to Require Nuclear Disarmament Negotiations Under U.S. NonProliferation Treaty Commitments

Hans Kristensen, Director of the Nuclear Information Project at the Federation of American Scientists; Dr. James Doyle, a nuclear nonproliferation expert fired by Los Alamos National Lab after publishing a study arguing for nuclear weapons abolition; Robert Alvarez, a former Senior Policy Advisor to the Secretary of Energy, now at the Institute for Policy Studies; and Jay Coghlan, director of Nuclear Watch New Mexico, have filed an amicus (“friend of the court”) brief in support of a lawsuit filed by the Republic of the Marshall Islands to compel the United States to meet its requirements under the Nuclear NonProliferation Treaty (NPT).

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Watchdog Groups Seek Info On Alleged Rat Shootings in Nuclear Weapons Facilities

Rep. Mac Thornberry, Chairman House Armed Services Committee, said that Nuclear engineers no longer consider national laboratories “desirable” places to work, “partly because they had to shoot rats off their lunch in some of the facilities that they were working in.” (see video) Mr. Thornberry’s remarks raise a number of serious safety and security questions that we are keen to have answered… Peace Farm and Nuclear Watch New Mexico have filed a Freedom of Information Act (FOIA) request…

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Watchdog Groups Praise NNSA Decision to Obey the Law, Prepare Supplement Analysis on Bomb Plant

“The National Nuclear Security Administration’s disclosure that the agency is “in the process” of preparing a Supplement Analysis for the much-changed Uranium Processing Facility (UPF) at the Y-12 nuclear weapons production plant brought praise from the Oak Ridge Environmental Peace Alliance (OREPA) and Nuclear Watch New Mexico. Just two days ago the two grassroots watchdog groups filed an expedited Freedom of Information Act request asking for the Supplement Analysis. At the same time, the two groups noted that NNSA could be legally vulnerable without one.”

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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.

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Watchdogs Urge Big Cut to Contractor Fees at the Sandia Labs

Washington, DC and Santa Fe, NM

Today, the Project On Government Oversight and Nuclear Watch New Mexico sent the Department of Energy Secretary a letter urging that the FY 2014 contractor incentive award fee for the Sandia National Laboratories be completely denied. The two watchdog organizations wrote to the Secretary earlier this month to urge him to cut performance incentive award fees at least in half for the Los Alamos Lab contractor because of substandard performance that led to the contamination of 21 workers at the Waste Isolation Pilot Plant and the indefinite closure of that multi-billion facility. As deplorable as the Los Alamos situation is, the Sandia case is arguably worse because it involves direct violations of federal law that prohibit contractor use of taxpayers’ dollars to lobby the government for further work.

The Sandia Labs are run by the for-profit Sandia Corporation, wholly owned by the country’s largest contractor, the Lockheed Martin Corporation. According to its current contract with the federal government, the Sandia Corporation could earn up to $9.8 million in FY 2014 performance incentive award fees (it also stands to receive $18.3 million in fixed fees). In addition, Lockheed Martin could receive $2.8 million for “Home Office And Other Corporate Support,” which includes the subcategory “Provision of Corporate Ethics.” The Department of Energy should refuse to pay both because of improper lobbying of Congress and federal officials and Lockheed Martin’s ethical failure while doing so.

Watchdog Urges Increasing DOE Accountability in Wake of Fines

Santa Fe, NM

Today 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.

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.

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Fired LANL Expert, Lab Watchdogs Team Up; Launch Project to Increase Nonproliferation Programs, Cut Exorbitant Nuclear Weapons “Modernization” Programs

Santa Fe, NM

Today, Dr. James (Jim) E. Doyle and Nuclear Watch New Mexico begin a collaborative project to assess and augment the nonproliferation programs of the National Nuclear Security Administration. Our ultimate goal is to redirect the focus of three national security labs from wasteful nuclear weapons research and production programs to expanded research and development of the monitoring and verification technologies needed for global abolition.

This project is a direct follow-on to Dr. Doyle’s February 2013 study Why Eliminate Nuclear Weapons? Doyle had clarified that he was stating his own personal views, and not those of his employer, the Los Alamos National Laboratory (LANL), where he was a senior nonproliferation expert. Nevertheless, out of caution, Doyle had successfully submitted his study to the Lab’s classification review process. But as his study became more widely known, LANL retroactively classified it without credible justification, despite the fact that it has been continuously available on the internet. Moreover, a common sense reading makes clear that nothing in Doyle’s study deserves restriction.

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LANL Fires Nonproliferation Specialist; Lab Abuses Classification Procedures to Restrict Nuclear Weapons Abolition Message

Santa Fe, NM

Today, the Center for Public Integrity broke a story on how Los Alamos National Laboratory (LANL) fired its nonproliferation specialist James Doyle. That firing followed an inquiry by the Center to senior Lab management about a study Doyle completed in his personal capacity arguing for the abolition of nuclear weapons. LANL retroactively classified his report, which Nuclear Watch believes is a clear abuse of proper classification procedures.

Doyle’s study Why Eliminate Nuclear Weapons? has long been available at our website www.nukewatch.org and an independent online publisher. Any quick reading shows it has no information whatsoever about nuclear weapons designs and materials that would merit classification. The study is instead a 28-page narrative argument by a nationally recognized nonproliferation expert for eliminating the stockpile, while citing the aspirations of both Presidents Reagan and Obama to abolish nuclear weapons. But Los Alamos Lab didn’t like Doyle’s message and sought to kill it through classification. Not coincidentally, LANL’s 2.2 billion dollar annual budget is just under two-thirds nuclear weapons research, testing, and production.

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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.”

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