WIPP truck leaving LANL

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.

 

 
NuclearWatchdog-150x150

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.

 

 

 

 

FOR IMMEDIATE RELEASE December 29, 2014
Contact:  Jay Coghlan, Nuclear Watch NM, 505.989.7342, c. 505.470.3154, jay@nukewatch.org

More WIPP Fallout:
NNSA Cuts Los Alamos Lab’s Award Fees by 90%
Watchdogs Say Management Contract Should Be Put Out for Bid

Santa Fe, NM – Today, Los Alamos Lab Director Charles McMillan notified LANL employees that the National Nuclear Security Administration (NNSA) had slashed FY 2014 management award fees to $6.25 million. Seventeen million dollars were available in fixed fees, and around $40 million in incentive fees, resulting in a 90% cut to potential awards. In addition, NNSA declined to grant a previously pro forma one-year contract extension, and most remarkably rescinded a contract extension from an earlier year (see more below). As justification, the agency invoked a ““First Degree” performance failure… [that] created damage to DOE property or costs for cleaning, decontaminating, renovating, replacing or rehabilitating property that in aggregate exceed $2.5 million.”

This is more fallout from WIPP. The Los Alamos National Laboratory (LANL) used unapproved radioactive waste treatment procedures that resulted in a ruptured drum at the Waste Isolation Pilot Plant, contaminating 21 workers and indefinitely closing that multi-billion dollar facility. It will cost an estimated half-billion dollars to reopen WIPP, which will likely double. Additionally, the New Mexico Environment Department has proposed $54 million in fines against LANL and WIPP, and Congress has cut $40 million from cleanup programs at the Lab, while adding $100 million to help reopen WIPP.

LANL is managed by Los Alamos National Security, LLC (LANS), whose two main partners are the University of California (UC) and the privately held Bechtel Corporation. UC ran the Lab as a nonprofit until June 2006, and received approximately $8 million in annual compensation. In contrast, the for-profit LANS was awarded $51.9 million in FY 2013, or more than six times the old nonprofit fee, for no apparent improvement in contract management. LANL Director Charles McMillan is compensated $1.5 million annually, while also acting as president of the for-profit limited liability corporation, a possible conflict of interest.

Because of grossly substandard performance, the Project On Government Oversight and Nuclear Watch New Mexico had jointly asked the Department of Energy Secretary to cut LANS’ FY 2014 incentive fee at least in half. NNSA’s final decision far exceeds our request. Jay Coghlan, Director of Nuclear Watch New Mexico, commented, “We strongly praise NNSA for gutting LANS’ award fees. This sends an unmistakable message to contractors that they will be held accountable, which has been sorely missing to date. However, in light of LANS’ miserable performance, NNSA should take the next big step and put the management contract out to bid. NNSA and Congress should also consider whether for-profit management of the nuclear weapons complex is really in the country’s best interests, when the track record demonstrates that it’s not.”

In addition to the WIPP fiasco, another monumental failure occurred in July 2012 when three elderly protestors broke into a highly secure area, previously thought impregnable, at the Y-12 nuclear weapons plant in Oak Ridge, TN. The for-profit contractor had self-appraised its security program management as “excellent” and physical security as “good” in the preceding official “Performance Evaluation Report,” which the NNSA approved and paid for with taxpayer dollars.

Concerning LANS’ own substandard performance, LANL has been incapable of conducting major operations at its main plutonium facility since the end of June 2013 because of serious nuclear criticality safety concerns. This belies the fact that the Lab is the country’s only designated, so-called “Plutonium Center of Excellence.” Bechtel has had a particularly troubled performance history with the Department of Energy. Under Bechtel management estimated costs for the Waste Treatment Plant at the Hanford nuclear reservation soared from $3.5 billion to $13 billion, with numerous complaints of retaliation against whistleblowers.

Similarly, under Bechtel’s partnership management of the Los Alamos Lab, estimated costs for the Chemistry and Metallurgy Research Replacement Project (CMRR) mushroomed from around $600 million to $6.5 billion, leading to cancellation of the proposed “Nuclear Facility.” Lab Director McMillan now pushes for a multi-billion dollar “modular” substitute for the CMRR Nuclear Facility, whose mission would be expanded production of plutonium pits, the fissile cores of nuclear weapons. However, existing nuclear weapons don’t need expanded pit production, implying that it would be for unspecified future nuclear weapons. In any event, LANL has questionable competency to perform any plutonium pit production at all.

On a final related matter, to its credit NNSA posted the LANS FY 2014 Fee Determination Letter and Notice of Reduction. However, the agency did not post the full Performance Evaluation Report upon which they are based. Jay Coghlan commented, “NNSA’s decision to slash LANS’ fees is very welcomed, but far greater transparency is still needed. Nuclear Watch New Mexico successfully sued in the past to make full Performance Evaluation Reports publicly available. We will sue again if our current Freedom of Information Act request for the full FY 2014 Performance Evaluation Report is not soon satisfied.”

LANS received a 68% contractor performance rating for FY 2012, but was given a waiver by the NNSA fee determination officer (who soon thereafter became the NNSA Administrator). That waiver gave LANS additional taxpayer-paid fees and granted it another contract extension, when the required minimum threshold was 80%. Nuclear Watch New Mexico discovered this after litigation that obtained the full FY 2012 Performance Evaluation Report. Congress subsequently required NNSA to report any future waivers to the Armed Services and Appropriations Committees, effectively ending that practice. This does, however, demonstrate the importance of public access to NNSA’s full Performance Evaluation Reports, so that taxpayers can know that nuclear weapons contractors are being held accountable.

# # #

References:

1.   NNSA, FY 2014 Performance Evaluation Report, Fee Determination Letter, Los Alamos National Security, LLC, http://nnsa.energy.gov/sites/default/files/nnsa/inlinefiles/FY14%20LANS%20FDO%20Letter.pdf

2.   NNSA, Contracting Officer’s Notice of Reduction of LANS FY 2014 Fixed Fee and Forfeiture of Previously Earned Award Term, http://nnsa.energy.gov/sites/default/files/nnsa/inlinefiles/Contracting%20Officer%20Notice%20of%20Reduction%20of%20LANS%20FY14%20Fixed%20Fee%20and%20Incentive%20Fee.pdf

3.   December 3, 2014 joint POGO and Nuclear Watch NM letter to DOE Secretary Ernest Moniz urging reduced award fees for the Los Alamos Lab contractor. http://nukewatch.org/importantdocs/resources/POGO-NukeWatch-Moniz-Sandia-performance-12-19-14.pdf

4.   LANL Director Charles McMillan December 29, 2014 announcement to Lab employees:

To/MS:LANL-ALL
From/MS: Charles F. McMillan, DIR, A100
Phone/Fax:7-5101/7-2997
Symbol:DIR-14-246
Date: December 29, 2014

SUBJECT:  FY2014 NNSA PERFORMANCE REVIEW

NNSA has presented the Laboratory with our annual performance
evaluation report (PER) for FY2014. As expected the overall
results are not, with several notable exceptions, positive.

The fee for Fiscal Year 2014 was reduced to $6.25 million.  Given
the events surrounding our breached drum at WIPP and the severity
of the issue, the Laboratory received a rating of
“unsatisfactory” in operations and infrastructure and a score of
zero in that area which accounted for the significant reduction
in fee.

Although the WIPP incident weighed very heavily on our overall
evaluation from NNSA we performed well in the areas of our core
nuclear weapons work, global security, and science. This good
performance prompted written praise from NNSA Field Office
Manager Kim Davis Lebak as well as in the PER. Lebak said, “The
majority of the work performed by the Laboratory met or exceeded
NNSA expectations.”

I want to emphasize that our true value as a Laboratory should be
measured by the contributions we make to national security. This
is something we can all be very proud of. According to the PER
our nuclear weapons mission and global security mission each
“exceeded expectations.”  The PER cited many weapons program
highlights including: assisting Pantex to surpass the recovery
schedule for W76-1 production, execution of the Leda experiment
at Nevada, advances in the plutonium strategy, and excellent
progress in support of B61-12.  In global security, according to
the PER, “The Laboratory’s efforts were high impact and largely
successful, especially in the areas of Nuclear Safeguards and
Security, the Nuclear Counterterrorism Program, the Nuclear Non-
Compliance Verification Program and Non-Proliferation Research
and Development.”

Despite the challenges of fiscal uncertainty during the past
year, the Laboratory has made significant strides in many areas.
Our mission deliverables included multiple activities and studies
that increased our understanding of the U.S. nuclear deterrent.

An update to the W78 life expectancy study was delivered, along
with analyses related to the B61, W76, W78, and W88 systems.  In
the broader national security mission the Laboratory was
instrumental in supporting the removal of low-enriched uranium
from Russia, hosting the IAEA non-destructive inspector training
course, and developing USAF satellite-based treaty verification
instruments.

In addition, the PER calls out our science, technology and
engineering missions for advancing the state of research and
utilization of the exceptional scientific resources of the
Laboratory including Laboratory Directed Research and Development
(LDRD).   According to the PER, “The Laboratory has reinforced
its stature as one of the preeminent scientific institutions of
the nation.” Indeed, we pushed the boundaries of science,
technology and engineering with major feats, such as: being
chosen to develop SuperCam for the Mars 2020 mission, supplying
unique RAPTOR telescope data on the birth of a black hole,
leading the development of a “desktop” human surrogate device,
and collaboration on the characterization of the damage to the
Fukushima nuclear plant.

Operationally, despite setbacks and shortcomings, we saw progress
and momentum in key areas:
*             Safety and environmental performance are at historically
positive levels.  Injuries and days away from work due to
safety issues are lower than ever before.  The Laboratory
was named a “Star Site” of the Voluntary Protection Plan
program, the largest site in the DOE complex to earn the
star level;
*             Site-wide energy usage was reduced and water consumption
was reduced by 18 percent over last fiscal year;
*             An upgrade project for plutonium facility security was
completed and seismic and fire protection upgrades at TA-55
were completed; and
*             Significant progress was made on construction projects,
including TA-55 revitalization, the Transuranic Waste
Facility, and the Los Alamos Neutron Science Center.

To position the Laboratory to deliver on our future national
security missions we made significant progress with NNSA on
plutonium strategy including the “modular” approach to
infrastructure that will reduce risk associated with the
construction of targeted facilities while meeting mission needs,
safety and security, and regulatory requirements.  We also
awarded a contract to Cray Inc. to build the next-generation
supercomputer, Trinity.  Trinity will play a key role in
assessing future issues, both known and unknown, in the U.S.
nuclear deterrent.

Although this was a very tough year for the Laboratory I am
optimistic that next year will be better. I am determined to do
all that I can to make it so. My personal priorities will be to
continue to make progress on getting PF-4 fully restarted,
continuing collaboration with DOE on an effective and efficient
transition of the Environmental Management program scope, and
enhancing our management and leadership capabilities by filling
key vacancies and correcting operational deficiencies.

I would like to personally thank each of you for the hard work
and wish you and your family members a safe and happy holiday
season. Enjoy your well-deserved break and come back in the New
Year rededicated to serving the national security needs of this
country.

 

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

 

 

GAO Seeks Broader Analysis For Proposed Liquid Waste Facility at LANL

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

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

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

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

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

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

The ailing facility is still operating.

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

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

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

 

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

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

 

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

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

 

December 10, 2014

Jack R. Craig, Jr.

DOE EM

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

Mr. Craig,

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

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

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

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

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

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

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

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

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

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

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

Sincerely,

Jay Coghlan                                                            Scott Kovac

Executive Director                                                Research Director

 

Safety Analysis Flaws Plague Los Alamos TRU Waste Handing Facility

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

NMED information is available here.

 

The House Armed Services Committee has tried repeatedly to cripple the Defense Nuclear Facilities Safety Board, realizing that the Board slows down what the nuclear weaponeers want to do (and causes the estimated costs of new nuclear facilities to explode because of safety concerns).

The Board’s enabling legislation authorized a staff of up to 150 personnel. HASC tried to cut it down to 120. The final House-Senate agreement on the FY 2015 Defense Authorization Act cuts it to 130. Remember, the Board covers the entire active nuclear weapons complex and then some, and is often the only adult in the room when it comes to nuclear safety issues. For example, the Los Alamos Lab’s plutonium pit production facility has not conducted major operations since the end of June 2013 because of nuclear criticality safety issues that the Board raised.

The relevant FY 2015 Defense Authorization Act Agreement language is as follows, page 350, http://www.armed-services.senate.gov/download/fy2015-ndaa-conference-jes

Number of employees of Defense Nuclear Facilities Safety Board(sec. 3203)

The House bill contained a provision (sec. 3203) that would amend section 313(b)(1)(A) of the Atomic Energy Act of 1954 (42 U.S.C. 2286b(b)(1)(A)) to limit the number of full-time employees of the Defense Nuclear Facilities Safety Board to 120. The Senate committee-reported bill contained no similar provision. The agreement includes the House provision with an amendment that would limit the number of employees to 130. – end of quote -

The Board deserves our ongoing support. In Nuclear Watch NM’s view, the Board should be expanded, not cut, especially in light of the govermnent’s plans to spend more than a trillion dollars over the next 30 years on nuclear weapons modernization.

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