Groups Fire Back at Feds’ Move to Dismiss Plutonium Pit Lawsuit

NNSA Delays Urgent Research on Plutonium “Pit” Aging While Spending Tens of Billions on Nuclear Weapons Bomb Core Production

FOR IMMEDIATE RELEASE, April 17, 2024
Tom Clements, SRS Watch – 803.240.7268 | Email
Scott Yundt, TVC – 415.990.2070 | Email
Jay Coghlan – 505.989.7342 | Email

Nearly three years after filing a Freedom of Information Act request, the public interest group Savannah River Site Watch has finally received the National Nuclear Security Administration’s (NNSA’s) congressionally-required “Research Program Plan for Plutonium and Pit Aging.” However, the document is 40% blacked out, including references and acronyms. Plutonium “pits” are the radioactive cores of all U.S. nuclear weapons. The NNSA claims that potential aging effects are justification for a ~$60 billion program to expand production. However, the Plan fails to show that aging is a current problem. To the contrary, it demonstrates that NNSA is delaying urgently needed updated plutonium pit aging research.

In 2006 independent scientific experts known as the JASONs concluded that plutonium pits last at least 85 years without specifying an end date [i] (the average pit age is now around 40 years). A 2012 follow-on study by the Lawrence Livermore nuclear weapons lab concluded:

“This continuing work shows that no unexpected aging issues are appearing in plutonium that has been accelerated to an equivalent of ~ 150 years of age. The results of this work are consistent with, and further reinforce, the Department of Energy Record of Decision to pursue a limited pit manufacturing capability in existing and planned facilities at Los Alamos instead of constructing a new, very large pit manufacturing facility…” [ii]

Since then NNSA has reversed itself. In 2018 the agency decided to pursue the simultaneous production of at least 30 pits per year at the Los Alamos National Laboratory (LANL) in northern New Mexico and at least 50 pits per year at the Savannah River Site (SRS) in South Carolina. Upgrades to plutonium facilities at LANL are slated to cost $8 billion over the next 5 years. The redundant Savannah River Plutonium Processing Facility in South Carolina will cost up to $25 billion, making it the second most expensive building in human history.

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NNSA’s Nuclear Weapons Budget Takes Huge Jump

Arms Race Accelerates with MIRVed Warheads
Los Alamos Lab Cleanup Cut

FOR IMMEDIATE RELEASE, March 11, 2024
Jay Coghlan – 505.989.7342 | Email

Santa Fe, NM – Ironically the day after the film Oppenheimer was awarded multiple Oscars, the Department of Energy’s semi-autonomous National Nuclear Security Administration (NNSA) asked Congress for its biggest nuclear weapons budget ever. NNSA’s FY 2025 request for “Total Weapons Activities” is $19.8 billion, $700 million above what Congress recently enacted for FY 2024. It is also a full billion dollars above what President Biden asked for last year, which Congress then added to and will likely do so again.

The Biden Administration states that the $19.8 billion will be used to:

“[P]rioritize implementation of the 2022 National Defense Strategy and Nuclear Posture Review by modernizing the Nation’s nuclear deterrent to keep the American people safe. The Budget supports a safe, secure, reliable, and effective nuclear stockpile and a resilient, responsive nuclear security enterprise necessary to protect the U.S. homeland and allies from growing international threats.” whitehouse.gov/wp-content/uploads/2024/03/budget_fy2025.pdf, page 75.

The 2022 National Defense Strategy and Nuclear Posture Review for the first time posited two nuclear “near peers”, i.e. Russia and China, that need to be simultaneously “deterred.” This hinted at a potentially large nuclear buildup which this budget may now be implementing. That claimed need to deter two nuclear near peers was explicitly taken a step beyond just deterrence in an October 2023 report from the Strategic Posture Commission. It declared:

“Decisions need to be made now in order for the nation to be prepared to address the threats from these two nuclear-armed adversaries arising during the 2027-2035 timeframe. Moreover, these threats are such that the United States and its Allies and partners must be ready to deter and defeat both adversaries simultaneously.” ida.org/research-and-publications/publications/all/a/am/americas-strategic-posture, page vii (bolded emphasis added)

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NNSA Suppresses How Taxpayers Money Is Spent

FOR IMMEDIATE RELEASE, January 19, 2024
Jay Coghlan – 505.989.7342 | Email

Santa Fe, NM – The National Nuclear Security Administration (NNSA) has just released cursory two or three page summaries of contractors’ performance paid for by the American taxpayer. For the just ended fiscal year 2023, NNSA gave nothing less than grades of “Excellent” or “Very Good” in six broad mission goals for its major contractors. This is despite the constant cost overruns and schedule delays that are the rule, not the exception, in the nation-wide nuclear weapons complex. NNSA and its parent Department of Energy have been on the Government Accountability Office’s “High Risk List” for project mismanagement ever since GAO started that List in 1991.

NNSA Suppresses How Taxpayers Money Is SpentA current example is the Uranium Processing Facility (UPF) at the Y-12 Plant near Oak Ridge, Tennessee, originally estimated in 2011 to cost $1.4 to $3.5 billion. After costs started going through the roof, NNSA and Senator Lamar Alexander (R.-TN), then-chair of Senate Energy and Water Appropriations, swore that UPF would never go over $6.5 billion. But even after eliminating non-nuclear weapons production missions and a formal decision to continue operations at two old, unsafe buildings slated for replacement, the Uranium Processing Facility is now estimated to cost $8.5 billion. However, even that is not the final price, as NNSA is still to “rebaseline” UPF costs at some unspecified date.

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alliance for nuclear accountability, ANA, nuclear watch new mexico, nwnm, nukewatch, nukewatchnm

Media Advisory: What to Look For in the U.S. Department of Energy’s FY2021 Nuclear Weapons and Cleanup Budget Request

According to media reports, the National Nuclear Security Administration (NNSA), the semiautonomous nuclear weapons agency within the Department of Energy (DOE), has persuaded President Trump to increase its weapons budget by more than 20% in one year. NNSA Administrator Lisa Gordon-Hagerty has claimed that a failure to give her agency that huge increase would amount to “unilateral disarmament” despite the U.S. having thousands of nuclear warheads ready to launch on a moment’s notice.

The Alliance for Nuclear Accountability, a 33-year-old network of groups from communities downwind and downstream of U.S. nuclear weapons sites, strongly opposes this unnecessary and dangerous spending that promotes a new global nuclear arms race. In addition, Trump’s FY 2021 budget request is expected to cut or hold flat cleanup, nonproliferation, dismantlement and renewable energy programs that meet real national needs to pay for more unneeded nuclear weapons. To compound all this, DOE’s nuclear weapons and environmental management programs have been on the Government Accountability Office’s “High Risk List” for project mismanagement and waste of taxpayers’ dollars for 27 consecutive years.

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Citizens Rebut Government Attempt To Continue Illegal Construction Of Nuclear Weapons Plant

12 November 2019 for immediate release

Calling the National Nuclear Security Administration’s brazen disregard for a federal court’s September 24, 2019, ruling an “abuse of the judicial process,” the Oak Ridge Environmental Peace Alliance, Nuclear Watch New Mexico, and the Natural Resources Defense Council, along with four individual plaintiffs, returned to federal court in Knoxville, TN, today to file a rebuttal of the NNSA’s argument that the agency should be allowed to continue construction on a new nuclear weapons production plant “in the interim”—even while they are preparing the studies that will tell them whether the facilities can be made safe for workers and the public in the event of an earthquake.
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Calling the National Nuclear Security Administration's latest Record of Decision (Federal Register, October 4, 2019) for the Continued Operation of the Y-12 National Security Complex , "an obvious attempt by the government to deliberately circumvent this Court's ruling," the Oak Ridge Environmental Peace Alliance, Nuclear Watch New Mexico, the Natural Resources Defense Council and four individual co-plaintiffs today filed a Motion to Enforce the judgment handed down in federal court in September by Chief United States District Judge Pamela Reeves.

"Within hours of the Judge's September ruling, NNSA told reporters that it would keep right on doing what it was doing, including building the UPF bomb plant. Then they published the new Record of Decision which is a direct challenge to the Court—it says they have decided they will comply with the Court's order at some uncertain date in the future, and in the meantime, it's business as usual. We went to court in the first place, because 'business as usual' was violating the law." — OREPA coordinator Ralph Hutchison

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Judge voids UPF decision, requires more seismic hazard analysis

BY:  oakridgetoday.com

Structural steel installation is under way on the eastern half of the Main Process Building of the Uranium Processing Facility, the Y-12 National Security Complex said Tuesday, Sept. 24, 2019. (Photo courtesy CNS Y-12)

A federal judge in Knoxville on Tuesday said a critical decision made in 2016 for enriched uranium operations at the Y-12 National Security Complex, including for the $6.5 billion Uranium Processing Facility, violated a national environmental law, and she ordered the decision vacated, or set aside.

The UPF is already under construction, and Wedenesday morning, the National Nuclear Security Administration, which oversees work at Y-12, said construction will continue.

The 104-page opinion and order was filed in U.S. District Court on Tuesday by Chief U.S. District Judge Pamela L. Reeves.

The lawsuit was initially filed in U.S. District Court in the District of Columbia, but it was later moved to the Eastern District of Tennessee. Besides OREPA, the plaintiffs included two other public interest organizations—Nuclear Watch of New Mexico and Natural Resources Defense Council of Washington, D.C.— and several individual plaintiffs.

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NNSA Review of UPF Compounds Legal Violations, Environmental Groups Say

OCTOBER 18, 2018
NNSA Review of UPF Compounds Legal Violations, Environmental Groups Say
BY EXCHANGE MONITOR

A September review by the Department of Energy compounded the agency’s alleged transgressions of federal environmental law stemming from a 2016 design change to a next-generation uranium plant under construction at the Oak Ridge Site in Tennessee, a band of environmental groups said this week in an amended federal lawsuit.

The supplemental analysis DOE’s semiautonomous National Nuclear Security Administration (NNSA) published last month on the Uranium Processing Facility “not only failed to correct the NEPA [National Environmental Protection Act] violations identified in Plaintiffs’ original Complaint, but also revealed additional ways in which the NNSA was continuing to violate NEPA,” the Oak Ridge Environmental Peace Alliance, Nuclear Watch New Mexico, and the Natural Resources Defense Council wrote in an amended complaint filed Monday in the U.S. District Court for Eastern Tennessee.

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Y-12 OREPA protest 2011

Challenging the UPF Bomb Plant – Y-12 Supplement Analysis Comments

On July 5, 2018, OREPA and Nuclear Watch New Mexico—along with many of you!—submitted formal comments on the National Nuclear Security Administration’s plan for the Y-12 Nuclear Weapons Complex in Oak Ridge, TN. The gist of our comments is that NNSA is required to prepare a new Environmental Impact Statement, or at least a thorough Supplemental EIS, and can’t move forward with the UPF bomb plant until they have done so.

The comments, which you can read or download here, now become part of the Administrative Record which the judge hearing our legal challenge will use to decide the case.

We believe the government’s attempt to rectify their past errors is way too little and way too late, and the Supplement Analysis has effectively strengthened our argument. In addition to the comments, we also submitted attachments, including expert declarations on the NNSA’s plans, the seismic risks they are overlooking, and the unsuitability of a piecemeal approach to planning at Y12. You can read or download the attachments here

Joseph Rotblat

“Nuclear disarmament is not just an ardent desire of the people, as expressed in many resolutions of the United Nations. It is a legal commitment by the five official nuclear states, entered into when they signed the Non-Proliferation Treaty.”

-Nobel Laureate Joseph Rotblat

United States To Begin Construction Of New Nuclear Bomb Plant

The National Nuclear Security Administration (NNSA) announced on Friday, March 23, that it was authorizing the start of construction of the Uranium Processing Facility (UPF) and two sub-projects at the Y-12 National Security Complex in Oak Ridge, Tennessee. The UPF is a facility dedicated solely to the manufacture of thermonuclear cores for US nuclear bombs and warheads.

Citizen watchdog groups are responding by filing an expedited Freedom of Information Act request demanding a full fiscal accounting of the UPF bomb plant- something the NNSA has refused to provide for the last five years, including to Congress, despite repeated assurances that the project is “on budget.”
“This project is already a classic boondoggle, and they are just getting started,” said Ralph Hutchison, coordinator of the Oak Ridge Environmental Peace Alliance (OREPA) in Knoxville, Tennessee. “Worse, it undermines US efforts to discourage nuclear proliferation around the world. How can we oppose the nuclear ambitions of other countries when we are building a bomb plant here to manufacture 80 thermonuclear cores for warheads every year?”

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Oak Ridge Environmental and Peace Alliance, Nuclear Watch New Mexico, and The Natural Resources Defense Council File Lawsuit Against New Nuclear Bomb Plant

Washington, DC Today, the Oak Ridge Environmental Peace Alliance (OREPA), Nuclear Watch New Mexico, and the Natural Resources Defense Council filed a federal lawsuit to stop construction of the problem-plagued Uranium Processing Facility (UPF) until legally required environmental review is completed. The UPF, located at the National Nuclear Security Administration’s (NNSA’s) Y-12 production plant near Oak Ridge, TN, is slated to produce new thermonuclear weapons components until the year 2080. The UPF is the tip of the spear for the U.S.’s planned one trillion dollar-plus make over of its nuclear weapons arsenal, delivery systems, and production plants.

“The story of this new bomb plant is a long tale of outrageous waste and mismanagement, false starts and re-dos, a federal agency that refuses to meet its legal obligation to engage the public, and a Senator that is bent on protecting this piece of prime nuclear pork for his home state,” said Ralph Hutchison, coordinator of OREPA. “But the short version is this: when the NNSA made dramatic changes to the UPF, and admitted that it intends to continue to operate dangerous, already contaminated facilities for another twenty or thirty years, they ran afoul of the National Environmental Policy Act. Our complaint demands that the NNSA complete a supplemental environmental impact statement on the latest iteration of its flawed plans.”

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Watchdog Groups Call For New Environmental Impact Study For Nuclear Bomb Plant

Cite Worker And Public Risks, New Seismic Information

“The Oak Ridge Environmental Peace Alliance and Nuclear Watch New Mexico today released a letter to Secretary of Energy Ernest Moniz calling for a new Site-Wide Environmental Impact Statement for the Y-12 Nuclear Weapons Complex in Oak Ridge, Tennessee. Y-12 is a manufacturing plant that produces the thermonuclear cores (secondaries) for US nuclear warheads and bombs.
“The letter rejects the analysis prepared by the National Nuclear Security Administration and the subsequent Amended Record of Decision released in August 2016 in which the NNSA gave itself the green light to proceed with construction of the Uranium Processing Facility, a bomb plant originally intended to replace aging facilities.”

Jay Coghlan, Nuclear Watch New Mexico Director, commented:

“The Uranium Processing Facility is the tip-of-the-spear for the trillion dollar “modernization” of U.S. nuclear forces that will fleece the American taxpayer. It will enrich the usual fat cat defense contractors by keeping nuclear weapons forever while rebuilding them to give them new military capabilities. The public has the legal right to review planned changes to the deeply troubled Uranium Processing facility, which we seek to enforce.”

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See Also: Letter To Senator Moniz 

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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