Albuquerque Journal

Watchdog pushes for labs’ eval data

Info on Sandia, LANL was expected in Jan.

- BY MARK OSWALD

ANew Mexico advocacy group is making a renewed push for release of delayed 2015 federal performanc­e evaluation­s for the Los Alamos and Sandia national laboratori­es.

Nuclear Watch New Mexico has filed a second request under the Freedom of Informatio­n Act for the evaluation reports, this time calling for “expedited processing” for the documents that Nuke Watch maintains is required by law.

The performanc­e evaluation­s by the Department of Energy’s National Nuclear Safety Administra­tion are typically released in January following the Sept. 30 end of the fiscal year under review. For 2015, NNSA so far has posted none of the performanc­e evaluation (PER) reports for any of the sites that are part of the nation’s nuclear weapons complex.

An NNSA spokeswoma­n initially said the reports were expected to be released in mid-January, but since has said the evaluation process continues. NNSA’s Francie Israeli reiterated by email Thursday, “I don’t have any new informatio­n on the release of the PERs. Once the process has been completed, we will publish the evaluation­s.”

Nuke Watch’s new request cites part of the federal open records

law that said agencies should provide a quick response to records requests if “a compelling need exists when failure to obtain records expeditiou­sly could reasonably be expected to pose a threat to the life or physical safety of an individual or, when a request is submitted by a person primarily engaged in disseminat­ing informatio­n and there is an urgency to inform the public about actual or alleged Federal Government activity.”

Nuke Watch says that there is “great public interest in the NNSA’s Contractor Performanc­e Evaluation Reports for many NNSA Facilities, but particular­ly in those reports for the Los Alamos and Sandia National Laboratori­es.”

The letter from the watchdog group’s Jay Coghlan and Scott Kovac cites a recent Journal editorial that said, “Either the National Nuclear Security Administra­tion is running really late in completing performanc­e evaluation­s of national weapons contractor­s or it is stonewalli­ng in releasing them. Neither possibilit­y is good.” The Journal also has submitted a FOIA request for the evaluation­s.

Nuke Watch notes that, in 2012, after release of PERs was denied, it filed a lawsuit. The evaluation­s were released six days later and have since been posted annually. The latest request says that, under FOIA, the reports must be posted online in the NNSA’s “Electronic Reading Room” because the evaluation­s are “frequently requested records.”

Also still to be released are the 2015 “fee determinat­ion” letters for NNSA weapons complex contractor­s, which set out how much of a performanc­e-based fee the contractor­s get on top of their contract amounts. For instance, the Los Alamos contract for Los Alamos National Security LLC — a Bechtel-led consortium that includes the University of California — totals more than $2 billion a year, but LANS can get many millions of dollars more for meeting performanc­e goals.

Some details of the LANS 2015 evaluation have come out. LANL director Charles McMillan, in a message to employees in December, said that, in order to earn another contract year, the lab had to score better than “satisfacto­ry” in all six evaluation categories. “We did not accomplish this,” McMillan said, despite getting high scores in four of the six areas. That failure means the DOE will rebid the Los Alamos operating compact some time in the next couple of years.

The Journal has learned that, among the problems that contribute­d to LANS not meeting its threshold for a contract extension was an electrical fire in which a Los Alamos lab worker suffered severe burns and incidents at a Nevada nuclear site run by LANL in which workers were exposed to potential contaminat­ion.

After a poor FY 2014 evaluation stemming from a radioactiv­e leak from a waste drum packed at Los Alamos that has shut down the Waste Isolation Pilot Plant near Carlsbad, the federal government cut the fee for LANS by nearly 90 percent to $6.25 million for fiscal 2014. That compared with $59 million-plus paid to the LANS consortium the previous two years.

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