NNSA Head Props Up Nuclear Weapons Modernization…Again

In her September 17, 2020 testimony before before the Senate Armed Services Committee, Lisa E. Gordon-Hagerty, Administrator of the National Nuclear Security Administration, restated the ongoing company line that more money must be spent on the US nuclear weapons stockpile, or the whole enterprise might fall over.

She stated, “The need to now modernize our nuclear weapons stockpile and recapitalize the supporting infrastructure needed to produce and maintain that stockpile has reached a tipping point.”

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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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Sandia National Laboratories Annual Budget is 81% Military Work

Posted by Scott Kovac – Sandia National Laboratories, has one of the Department Of Energy’s (DOE’s) largest annual budgets and the fiscal year 2020 (FY20) Congressional Budget Request shows continued military priorities for the Lab. There are two components of Sandia’s annual budget – work for DOE (with a $2.4 billion request for FY20) and ‘Work For Others’ (with an annual request of $1.2 billion). Sandia’s work for DOE centers around nuclear weapons engineering. ‘Work for Others’ (WFO) is work done for federal agencies other than the DOE and for non-federal entities. An annual total budget of $3.6 billion puts Sandia’s budget second only behind Washington Headquarters among DOE sites.

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Nuclear Weapons Spending at Los Alamos Is 71% of Annual Budget

By Scott Kovac  Los Alamos National Laboratory is first and foremost a nuclear weapons laboratory. The Department of Energy’s annual Congressional Budget Request for fiscal year 2020 shows that 71% of the Lab’s budget will go to nuclear weapons work if Mr. Trump has his way. While cleanup of Cold War wastes would be 7%. And electrical transmission research along with renewable energy and energy efficiency research were slashed to a mere 0.36% of the request for the Lab. As the country goes deeper in debt, we must let go of the old Cold War mentality and invest in our future.

The full Budget Laboratory Tables are Here
Or see our condensed version Here

 

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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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.

“Gateway Drug to Nuclear War” Feeds More Nuke Addiction

“Gateway Drug to Nuclear War” Feeds More Nuke Addiction

The Trump Administration’s high policy document, the Nuclear Posture Review (NPR), released February 2, includes recommendations for the deployment of lower yield, “more usable” nuclear warheads. This will only feed the US addiction to nukes.

An article on the same day in The American Conservative, “Trump’s Nuke Plan Raising Alarms Among Military Brass”, quotes one retired senior Army officer who tracked the NPR as saying that nuclear neocons were providing Donald Trump with “gateway drug for nuclear war.”

From that article –

So while the [NPR’s] recommendations won’t necessarily be a surprise, what is less public is the bitter battle during its drafting that pitted senior Army and Navy warriors against nuclear wonks inside the Defense Department. That fight—over the exorbitant costs associated with the NPR, and charges that it could make nuclear war more likely—are bound to continue through implementation.

“It’s one thing to write a policy,” a senior Pentagon civilian privy to the NPR fight told The American Conservative, “and it’s another thing to have it implemented. What the NPR is recommending will break the bank, and a lot of people around here are worried that making nuclear weapons more usable isn’t what we should be doing. The conventional military guys have dug in their heels, they’re dead-set against it. This battle isn’t over.”

In effect, the congressionally mandated review calls for the U.S. to deploy two new types of lower yield nuclear warheads, generally defined as nuclear bombs below a five kiloton range (the one dropped on Hiroshima was 20 kilotons), that could be fitted onto a submarine-launched ballistic missile, and one, yet to be developed, that would be fitted onto a submarine-launched cruise missile. Additionally, the NPR calls for “recapitalizing” the complex of nuclear laboratories and plants, which, taken together with the proposed modernization program of the U.S. nuclear arsenal (the “triad”), will almost certainly cost in excess of the estimated price tag of $1.2 trillion over the next 30 years.

The article continues that Army and Navy officers worry that senior administration officials would promote massive new funding initiatives at the expense of badly needed funding for conventional military readiness. They also worry, more urgently, that the administration would put the nation on the slippery slope to nuclear escalation.

NukeWatch’s bottom line: Addiction to nukes is a potentially world-ending problem.

Trump’s Nuclear Posture Review goes in the opposite direction of meeting our long-term need to eliminate the one class of weapons of mass destruction that can truly destroy our country. It will instead set back nonproliferation and arms control efforts across the globe, and further hollow out our country by diverting yet more huge sums of money to the usual fat defense contractors at the expense of public education, environmental protection, natural disaster recovery, etc. Under the Trump Administration, expect Medicare and Social Security to be attacked to help pay for a false sense of military security. Trump’s Nuclear Posture Review is part and parcel of that.

Nuclear Watch New Mexico seeks to promote safety and environmental protection at nuclear facilities; mission diversification away from nuclear weapons programs; greater accountability and cleanup in the nation-wide nuclear weapons complex; and consistent U.S. leadership toward a world free of nuclear weapons. Please help support NukeWatch.

Trump’s Nuke Plan Raising Alarms Among Military Brass

Los Alamos Nuclear Weapons Activities Reaches 70% Of Annual Budget

Make no doubt about it, Los Alamos National Laboratory is a nuclear weapons research, development, and production facility. In this year’s FY18 Congressional Budget Request:

70% of the Lab’s budget is Nuclear Weapons Activities

11% is for Nuclear Nonproliferation

10% for ‘Work For Others’

8% Cleanup

1% Science

.4% Nuclear Energy

.2% Renewables

LANL Budget Is 70% nuclear weapons activities
Los Alamos National Laboratory
FY 2018 Congressional Budget Request
(In billions of dollars)

This chart and the FY18 LANL Lab tables to back it up are here

US Still On Track For $1 Trillion Nuclear Weapons Modernization

Here’s a breakdown of nuclear weapons costs. The average is $34 billion per year.

$1T Trainwreck For Nuclear Weapons Spending
10-Year Estimates for Sustaining and Modernizing the U.S. Nuclear Deterrent

DOD and DOE are undertaking an extensive effort to sustain and modernize U.S. nuclear weapons capabilities. This effort is expected to take decades and cost hundreds of billions of dollars. Congress requires submission of an annual report to congressional committees on DOD’s and DOE’s plans for related matters and includes a provision that GAO review aspects of that joint report. GAO has previously recommended that future joint reports provide more thorough documentation of methodologies and context for significant changes from year to year.

GAO analyzed the departments’ internal plans and budget estimates for sustaining and modernizing the nuclear deterrent and interviewed DOD and DOE officials. The fiscal year 2017 joint report continues to omit explicit information about all assumptions and limitations in DOD’s and DOE’s methodologies and reasons for year-to-year programmatic changes in some estimates—information that could improve transparency for decision makers in Congress.

Read the GAO Report Here

NM Environment Dept Finalizes Consent Order on Los Alamos Lab Cleanup Surrenders Enforcement to Nuclear Weaponeers

NM Environment Dept Finalizes Consent Order

on Los Alamos Lab Cleanup

Surrenders Enforcement to Nuclear Weaponeers

 

Santa Fe, NM – In a classic move to avoid publicity, the New Mexico Environment Department (NMED) announced late Friday afternoon June 24 that it had finalized a new “Consent Order” to replace a 2005 Order governing cleanup at the Los Alamos National Laboratory (LANL). The Environment Department’s brief press release headlined “Agreement Focuses on Cleanup & Supporting Stronger Federal Funding Requests.” This is doublespeak, as the new Consent Order is a giveaway to the Department of Energy and the Lab, surrendering the strong enforceability of the old Consent Order. The new Order is also 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. In contrast, the new Consent Order allows them to get out of future cleanup by simply claiming that it’s too expensive or impractical to clean up.

The nuclear weaponeers are now openly talking about the “The Second Nuclear Age” before cleaning up form the first nuclear age. They are actively seeking to expand nuclear weapons production that caused the widespread contamination to begin with, particularly plutonium pit production at LANL.

Jay Coghlan, Nuclear Watch New Mexico Director, commented, “The nuclear weaponeers plan to spend a trillion dollars over the next 30 years completely rebuilding U.S. nuclear forces. Meanwhile, cleanup at the Los Alamos Lab, the birthplace of nuclear weapons, continues to be delayed, delayed, delayed. Real cleanup would be a win-win for New Mexicans, permanently protecting our water and environment while creating hundreds of high paying jobs. But yet the Environment Department fails New Mexicans by failing to enforce cleanup at Los Alamos.”

When NMED Secretary Ryan Flynn announced a draft new Consent Order on March 30, he claimed that the old Consent Order did not work. Nuclear Watch agrees, but that’s because Secretary Flynn granted more than 150 compliance milestone extensions at the Lab’s request, effectively eviscerating the old Consent Order. While finalizing the new Consent Order NMED ignored the explicit public participation requirements of the old Order, which among other things requires a public hearing on major modifications. Instead, NMED rammed through the final Consent Order, largely brushing aside the formal comments of some 40 concerned citizens and the Santa Clara Pueblo.

LANL is key to the trillion dollar rebuilding of nuclear forces as the premier nuclear weapons design lab and the nation’s sole production site for plutonium pit triggers, the most critical nuclear weapons components. Funding for Department of Energy (DOE) nuclear weapons programs is nearly double historic Cold War averages, with around $1.5 billion spent annually at LANL alone. In contrast, funding for Lab cleanup has been cut to $189 million for FY 2017 (down from $225 million in FY 2014), with only approximately a third going to actual cleanup (one-third goes to pensions and another third to safeguard improperly treated radioactive waste barrels, one of which ruptured and closed the multi-billion dollar Waste Isolation Pilot Plant).

The original 2005 Consent Order required DOE and LANL to investigate, characterize, and clean up hazardous and mixed radioactive contaminants from 70 years of nuclear weapons research and production. It also stipulated a detailed compliance schedule that the Lab was required to meet. Ironically, the last milestone, due December 6, 2015, required a report from LANL on how it successfully cleaned up Area G, its largest waste dump. However, real cleanup remains decades away, if ever. Instead, the Lab plans to “cap and cover” Area G, thereby creating a permanent nuclear waste dump in unlined pits and shafts, with an estimated 200,000 cubic yards of toxic and radioactive wastes buried above the regional groundwater aquifer, four miles uphill from the Rio Grande.

 

A few of the serious deficiencies of the new Consent Order are:

[Quotes are from the new Consent Order followed by page numbers]

• “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 will be held hostage to DOE’s budget, which recently cut LANL’s cleanup funding.

• “… [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.

• The new draft Consent Order explicitly states that public participation requirements do NOT apply to future modifications of the Order. P. 25. This is the opposite of what the original Consent Order required, which made a point of incorporating the public process requirements of federal environmental law. Nuclear Watch New Mexico maintains that full public participation requirements apply to the new Consent Order as well, including its very formulation as a major modification of the old Consent Order. That full public participation process requires a public hearing if there are unresolved issues, which NMED has rejected, a position that may be of questionable legality.

 

On May 12, 2016, Nuclear Watch New Mexico filed a lawsuit against LANL and DOE for failing to meet compliance milestones in the old Consent Order. These violations incur around $300 million dollars in potential penalties, which NMED shows no sign of enforcing. To the contrary, NMED has filed a motion to intervene against Nuclear Watch New Mexico in its lawsuit, raising the question of whose side the Environment Department is on, the environment or the polluter (in this case a for-profit nuclear weapons lab)?

Moreover, when Nuclear Watch NM filed a notice of intent to sue on January 21, NMED Secretary Flynn sought to intimidate our lawyers by declaring “If a suit is filed, and the Environment Department becomes involved, we would insist on collecting any and all labor and legal costs from the (New Mexico Environmental Law Center) to reimburse New Mexico’s taxpayers for the costs resulting from this groundless and frivolous action.”

Far from being a frivolous action, Nuclear Watch and the New Mexico Environmental Law Center seek to compel full and genuine environmental restoration at the Los Alamos Lab, which the new Consent Order blocks by giving the nuclear weaponeers giant loopholes to avoid cleanup.

 

#  #  #

NMED’s June 24 press release and the new Consent Order are available here

Public comment on the draft Consent Order (including Nuclear Watch NM and Santa Clara Pueblo) is available here

Nuclear Watch New Mexico’s lawsuit complaint, filed May 12, 2016, is available here

  • Our complaint alleged twelve counts of milestone compliance violations where NMED did not grant extensions. At that time we calculated 7,853 total days of noncompliance at $37,500.00 per day, equal to $294,487,500, with the clock still ticking.

Our May 5, 2016 second notice of intent to sue (which is a good summary of our complaint) is available here

Our January 20, 2016 notice of intent to sue is available here

NMED Secretary Flynn’s quote is from “Nuclear Watch to sue over LANL cleanup problems”, Mark Oswald, Albuquerque Journal, January 21, 2016, is here.

 

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

NukeWatch NM Heads to DC To Stop U.S. Nuclear Weapons “Trillion Dollar Trainwreck”

NukeWatch NM Heads to Washington to Press Congress, Obama Officials

To Stop U.S. Nuclear Weapons “Trillion Dollar Trainwreck” —

LANL Whistleblower Chuck Montaño to Be Honored

 

Three members of Nuclear Watch New Mexico will visit Washington, DC from April 17 to April 20 to oppose U.S. Department of Energy (DOE) nuclear weapons projects, which they say will lead to a “trillion dollar trainwreck” through out-of control spending, more radioactive waste generation, and weapons proliferation. The group will meet with the New Mexican congressional delegation, committee staffers, and administration officials with responsibility for U. S. nuclear policies to press for new funding priorities.

The Nuclear Watch NM delegation will be working with more than 50 colleagues from two dozen other states who are participating in the 28th annual Alliance for Nuclear Accountability “DC Days.” They will distribute copies of the ANA’s new report “Trillion Dollar Trainwreck” a detailed analysis of the Obama Administration’s latest plans to spend more money on nuclear weapons without truly enhancing U.S. security.

Jay Coghlan, NukeWatch director and president of the ANA Board of Directors, said, “Massive spending on nuclear weapons ‘modernization’ creates potential catastrophic risks for U.S. taxpayers, the environment and world peace. We will press policy-makers to cut programs that fund dangerous DOE boondoggles. The money saved should be redirected to dismantling weapons and cleaning up the legacy of nuclear weapons research, testing and production.”

NukeWatch NM Steering Committee member Chuck Montaño will receive recognition during DC Days from the Alliance for Nuclear Accountability (ANA) at a reception on April 19, 2015, at the Hart Senate Office Building. He, along with California’s senior U.S. Senator Diane Feinstein and ranking member of the House Armed Services Committee Rep. Adam Smith (D.-WA), will be among those honored by ANA for their efforts to hold the nuclear weapons military-industrial complex accountable. Montaño is being recognized for his advocacy confronting whistleblower and employee abuse, managerial malfeasance and fraudulent activity, all of which he documents in his recently released book detailing the chain of events that led to him becoming a federally protected whistleblower.

Montaño commented that he wrote Los Alamos: Secret Colony, Hidden Truths, “so people can appreciate the Lab’s full impact and legacy, not just what institutional leaders want the public to remember. There are important events I document for posterity, which may otherwise be hidden or erased from memory, and I didn’t want that to happen.”

Jay Coghlan, NukeWatch director, said, “I am very proud of Chuck Montaño, especially since he’s a Nuke Watch Steering Committee member as well. We depend on people like him with the inside story to help keep the Lab safe for communities and workers alike. It’s gratifying to see that the Alliance for Nuclear Accountability and its many member organizations appreciate his efforts.”

Mr. Montaño, a lifelong Santa Fe area resident, was employed at the Los Alamos National Laboratory for 32 years, until his forced retirement from the lab in 2010. He is also the former Director of Fraud and Special Audits for the Office of the New Mexico State Auditor.

The Alliance for Nuclear Accountability (ANA) is a network of three-dozen local, regional and national organizations representing the concerns of communities downwind and downstream from U.S. nuclear weapons production and radioactive waste disposal sites.

 

# # #

 

Chuck Montaño’s book Los Alamos: Secret Colony, Hidden Truths

is available at www.losalamosdiary.com

 

 

 

Los Alamos Cleanup At the Crossroads – New Cleanup Agreement Requires New Schedule and That Is About All

Los Alamos Cleanup At the Crossroads

New Cleanup Agreement Requires New Schedule and That Is About All

Following protracted negotiations, threatened litigation, and claims of imminent and substantial endangerment, the New Mexican Environment Department (NMED), the Department of Energy (DOE) and the Los Alamos National Laboratory (LANL) contractor agreed to sign the original Consent Order in March 2005. Its promise was fence-to-fence cleanup of Cold War legacy waste at Los Alamos. The 2005 Consent Order was designed as a plan-to-make-a-plan, with investigations followed by cleanup and with hundreds of specific milestones. The intent was to convince DOE to increase funding for LANL cleanup by making a complete cleanup schedule subject to enforcement. The original CO had a “final compliance date” scheduled for December 6, 2015.

However, in 2012, NMED signed a “Framework Agreement” with DOE that prioritized the transfer of 3,706 cubic meters of aboveground, “transuranic” (TRU) nuclear bomb production wastes from LANL to the Waste Isolation Pilot Plant (WIPP) in southern New Mexico. This put Consent Order cleanup on the back burner. Approximately 150 milestone extensions of the 2005 CO were granted to LANL by NMED. In February 2014, WIPP was shut down by improper packaging at LANL of a drum of this waste. Dealing with the remaining “suspect” drums (packaged at the same time) at LANL is a major priority lately instead of cleanup. This has kept the Consent Order cleanup on the back burner.

 

  • Just change the schedule

So NMED and LANL could pick a new final cleanup date, say 2030, and work backwards. Or start by adding 4 or 5 years to the old schedule for some reports and work it out from there. The point is to keep the original 2005 Consent Order language, which is very protective of the health and environment of Northern New Mexico, and just change the schedule dates. However the work is rescheduled, all the work items in the old Compliance Schedule Tables need to be addressed in new Compliance Schedule Tables with new dates given for all the work.

Recent public presentations by NMED implied that cleanup milestones in a revised CO would be assigned annually based on the anticipated budget. This would leave hundreds of cleanup items with no target date for completion and would leave cleanup at the mercy of Congressional budget winds. Any cleanup item not on the list for any given year could be outside the scope of enforcement. LANL could be in the position to not put items on the annual list and to delay cleanup forever.

If the schedule must be rearranged into some sort of “Campaign Mode” in an attempt to make cleanup more “efficient”, completion dates must be kept for every step. Every item in the Campaign must remain enforceable with concrete milestones including a final compliance date. All other items not in a Campaign must remain scheduled.

 

  • Lack of budget cannot be an excuse for lack of cleanup

Taking cleanup dollar crumbs and sprinkling them annually over some perceived priority cleanup items is the least efficient way to address the fence-to-fence cleanup of Cold War wastes at Los Alamos. Cleanup of the 70 years worth of contamination will never again be cheaper than it is this year. It is imperative that ambitious schedule be made and that it be kept.

Every day of delay means another day of Cold War radioactive and hazardous wastes leaking into the environment of Northern New Mexico.

  • Particular items to keep –  meaningful public comment and a final date

NMED Secretary Ryan Flynn stated publicly (starting at 8:00 min) that the need for a final cleanup date at Los Alamos is critical to Congress for funding. He presented a map that showed that Los Alamos National Laboratory was the only DOE weapons site without final cleanup date. (Slide 4) Instead, cleanup at LANL is listed as “TBD” (To Be Determined).

The final compliance date for the last work item must keep the Class 3 permit modification language. Please see our earlier blog for more information. This will ensure that the public can be heard at the end of the next CO and requires the opportunity for a public hearing.

There must be meaningful public input for the revised CO. NMED must give response to all comments.

A well-planned schedule with concrete milestones and final compliance dates would get the work done faster and cheaper. Course corrections with schedule adjustments will have to be made along the way. This would be expected for such a complex task. Having to adjust the schedule is no reason to throw it out. Any major rewrite of the 2005 Consent Order may only leave the future of NM less protected.

Not keeping up with changes in the 2005 Consent Order schedule is the main reason that the CO needs to be revised today. We currently find ourselves with cleanup of legacy wastes in such disarray that it seems that the only fix is to start over. But there is no reason not to just update the original 2005 schedule. Secretary Flynn has stated that the 2005 Consent Order is still in effect.

Today we could be looking at a known Consent Order with a new schedule. Instead we may end up with NMED and DOE renegotiating some untried document with unknown benefits and an unknown schedule.

Cleanup at Los Alamos National Laboratory is too important to leave as TBD.

 

DOE Cold War Sites Closure Dates map
Current Estimated Dates for Final Cleanup of Cold War Nuclear Weapons Sites

 

 

 

 

Four Strikes and You’re Out

Four Strikes and You’re Out

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

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

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

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

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

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

LANS lost award term in 2013.

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

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

That’s four.

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

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

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

But we have some questions about this statement:

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

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

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

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

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

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

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

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

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

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

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

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

The 2005 Consent Order, as modified, is here.

 

What does $4.79 million look like to Lockheed Martin?

What does $4.79 million look like to Lockheed Martin Inc, the world’s biggest defense contractor?

Recently, Lockheed Martin (LM) agreed to pay a $4.79 million settlement to the federal government to settle Justice Department allegations that LM illegally used taxpayer money to lobby for an extension of its Sandia Labs management contract.LM was trying to get its $2.5 billion annual management and operating contract extended without any pesky competition.

What may seem like a large amount to us is just a slap on the wrist to LM, which has scored almost $300 billion in 169,345 different contracts with the US federal government since 2008.

The website USA Spending tells us that LM did $32 billion in business with the federal government in 2014. Of that, $25 billion was contracted with the Department of Defense and almost $3 billion with the Department of Energy (DOE). It is for DOE that LM runs Sandia and co-manages Pantex and Y-12 with Bechtel. These 3 sites are a large part of the US nuclear weapons complex. We are all familiar with LM’s defense contracting, but Lockheed Martin is also contracting to help build the nuclear warheads for the missiles and aircraft that it also builds, for example with the world’s first nuclear “smart” bomb, the B61-12. It’s one-stop nuclear war machine shopping.

Lockheed Martin also has its tentacles in many diverse federal agencies, for instance the Internal Revenue Service where it provides computer-related services. The taxpayer ultimately pays for all contracts.

The settlement on clearly illegal lobbying behavior represents only .015% of LM’s annual total federal contracts and just .16% of the DOE contracts for 2014.

To LM, $4.79 million must look like the cost of doing business.

Here are some Lockheed Martin numbers for 2014:

US Agency Year(s) Amount Contracts Source
Total for LM

2008-2015

$293,176,103,660

169,345

More

Total for LM

2014

$32,496,127,143 20,156

More

Department Of Defense

2014

$25,319,041,531

17,869

 More

Department Of Energy

2014

$2,998,937,872

138

 More

IRS

2014

$27,824,450

83

 More

 

 

 

 

 

Please join Nuclear Watch New Mexico and Global Zero at CCA for the premier of “Message from Hiroshima.”

Please help us prepare for Thursday evening by registering today. Speaking of silent auctions, we have a great list of items that can be yours.

For instance, one of the pieces is “Daybreak” by Santa Fe artist Jamie Chase (18” x 24”, 2015)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Other items include this beautiful canvas printed photograph from “Ireland, One Island, No Borders” by Elizabeth Billups and Gerry Adams (16” X 24” 2005)

 

 

 

 

 

 

 

 

 

 

 

 

Chuck Montano will be joining us for a benefit sale of autographed copies of his recently published, “Los Alamos: A Whistleblower’s Diary,” documenting fraud and abuse at the Los Alamos National Laboratory. All sales will benefit us

This Thursday evening, August 6, is the 70th anniversary of the Hiroshima atomic bombing.

Please join Nuclear Watch New Mexico and Global Zero at the Center for Contemporary Arts for the premier of “Message from Hiroshima.” This will followed by a panel discussion of nuclear weapons issues by Valerie Plame of Global Zero, Rev. John Dear of Campaign Nonviolence, and Jay Coghlan of NukeWatch.

 

Tickets for the event are:

$25 for a 6:30 pm reception with the panel members, the film and panel discussion.

$15 for the film at 7:30 and panel discussion afterward.

Reservations are recommended – call CCA at (505) 982-1338.

https://web.archive.org/web/20181029175616/https://www.ccasantafe.org/cinematheque/upcoming-films

Center for Contemporary Arts, 1050 Old Pecos Trail, Santa Fe, NM

 

As we work toward a future world free of nuclear weapons, we hope you will join us to commemorate the day that changed history 70 years ago.  We look forward to seeing you. If you have any questions, please contact us at 505-989-7342. Tax-deductible financial contributions to the two organizations are encouraged!

 

Event Sponsored by VES & HET Fund For Change

Special thanks to Santa Fe Brewery Co, Kelly’s Liquor Barn, and CCA.

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

 

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

 

 

 

 

 

 

 

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

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

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

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

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

NM Senator Tom Udall

NM Senator Martin Heinrich

NM Congressional Representative Ben Ray Lujan

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

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

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

From

Alliance for Nuclear Accountability

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

For further information, contact:

Jay Coghlan jay(at)nukewatch.org

 

Download the pdf and more contact info here.

 

Nuclear Weapons Sites Evaluations Released After NukeWatch requests

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

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

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

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

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

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

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

Check out our NNSA Performance Evaluation Page.

 

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

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

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

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

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

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

Some key findings of Doyle’s new report are:

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

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

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

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

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

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

His full report, Essential Capabilities Needed for Nuclear Security:

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

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

An executive summary is available here.

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

 

 

 

Watchdogs Urge Big Cut to Contractor Fees at the Sandia Labs

Watchdogs Urge Big Cut to Contractor Fees at the Sandia Labs

December 19, 2014 – 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.

The Sandia Corporation’s unlawful lobbying has been well documented in two recent Department of Energy Inspector General reports. The first report concluded that Sandia had improperly paid ex-Congresswoman Heather Wilson (R.-NM) around $226,000 in consulting fees to lobby for additional work for the Sandia Labs. This began in January 2009, the day after she stepped down from office representing the congressional district in which Sandia is located. The DOE IG investigation forced the Sandia Corporation to reimburse the government the monies it had received to pay Wilson.

The second DOE IG report concluded: We believe that the use of federal funds for the development of a plan to influence members of Congress and federal officials to, in essence, prevent competition was inexplicable and unjustified… The evidence indicated that SNL and LMC [Lockheed Martin Corp.] officials had conversations with members of Congress and federal officials to convince the department, NNSA and Congress of the merits of contract extension without competition.

Peter Stockton, POGO’s senior investigator, commented, “This blatant attempt to pass along lobbying costs to taxpayers is revolting. Another example of catch me if you can. Reimbursement isn’t enough; DOE must punish Sandia for violating the law.”

Jay Coghlan, Nuclear Watch Director, commented, “The for-profit Sandia Corporation has made no public acknowledgment of responsibility or remorse. The Department of Energy must seriously cut Sandia’s award fees to make sure contractors get the message that business as usual corrupted by unlawful lobbying will no longer be tolerated. There should be no more contract extensions. Instead the management contract should be put out to bid as previously planned, until it was short-circuited by the Sandia Corporation’s illegal actions.”

# # #

The POGO/Nuclear Watch NM letter to DOE Secretary Ernest Moniz urging reduced award fees for the Sandia Labs contractor is here.

For the DOE IG reports, see:

Concerns with Consulting Contract Administration at Various Department Sites, Inspection Report: DOE/IG-0889, June 7, 2013, and

Alleged Attempts by Sandia National Laboratories to Influence Congress and Federal Officials on a Contract Extension, Special Inquiry: DOE/IG-0927, November 2014

 

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

December 10, 2014

Jack R. Craig, Jr.

DOE EM

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

Mr. Craig,

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

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

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

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

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

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

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

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

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

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

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

Sincerely,

Jay Coghlan                                                            Scott Kovac

Executive Director                                                Research Director

NNSA Considers Stuffing More Plutonium Into New Facility

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

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

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

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

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

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

# # #

Read the Defense Nuclear Facilities Safety Board report here.

 

Los Alamos Rated Easiest County to Live in

Los Alamos Rated Easiest County to Live in

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

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

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

Taos County = #1234

Sandoval County = #420

Santa Fe County =  #148

 

Some specific comparisons:

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

Rio Arriba County = 15.9%

Taos County = 28.8%

Sandoval County = 28.1%

Santa Fe County = 39.3%

 

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

Rio Arriba County = $40,791

Taos County = $33,835

Sandoval County = $58,116

Santa Fe County =  $53,642

 

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

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

Taos County = 9.1%, and 1.2%

Sandoval County = 8%, and 1%

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

 

Los Alamos County residents live on average 82.4 years

Rio Arriba County = 75 years

Taos County = 79.3 years

Sandoval County = 79.4 years

Santa Fe County = 80.1 years

 

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

Rio Arriba County = 34%

Taos County = 29%

Sandoval County = 32%

Santa Fe County = 22%

 

Making nukes and the livin’s easy.

Los Alamos Budget is 65% Nuclear Weapons

Los Alamos Budget is 65% Nuclear Weapons

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

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

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

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

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

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

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

Let me know if you have any questions.

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