ECA Update: September 20, 2013
Published: Fri, 09/20/13
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White House Issues Veto Threat on Stopgap Funding Bill
Kellie Lunney, Government Executive
September 19, 2013
September 19, 2013
President Obama will veto a measure to keep the government open past Sept. 30 if it reaches his desk in its current form, according to a statement from the White House.
The House is poised to pass a continuing resolution on Friday that funds the government through Dec. 15, but also starves the 2010 Affordable Care Act of money. The Senate is expected to take out the language related to defunding Obamacare and send a "clean" temporary spending measure back to the House next week, edging the government closer to an Oct. 1 shutdown. Senate Majority Leader Harry Reid, D-Nev., posted a message on Twitter Thursday saying that any bill defunding the health care reform law is "dead on arrival in the Senate."
House Speaker John Boehner, R-Ohio, would not speculate on what would happen once the bill leaves the House. "The fight here has been won; the fight there [Senate] is just beginning," Boehner told reporters during a Thursday briefing.
The White House said it would support a short-term CR to avoid a government shutdown, but not one that guts Obama's signature policy achievement and "advances a narrow ideological agenda that threatens our economy and the interests of the middle class."
In addition to the language regarding Obamacare, the continuing resolution also keeps the sequester in place and ensures the government prioritizes payments on the debt held by the public and Social Security benefits if the debt limit is reached.
Republicans met Wednesday morning to lay out a new plan for tackling the impending fiscal deadlines, after the party's most conservative wing rejected a measure that would have allowed the Senate to pass a continuing resolution without defunding Obamacare. The House GOP leadership ultimately decided to support the Tea Party's effort to tie government funding to defunding the health care reform law, teeing up a showdown between the lower chamber and the Democratic-controlled Senate with less than two weeks left before Oct. 1. The House canceled a recess scheduled for the week of Sept. 23 to stay in Washington to figure out how to get a government funding bill to Obama before the deadline.
The Office of Management and Budget issued guidance on Wednesday telling agencies to prepare for a possible shutdown. The last time the government almost shut down because of a lapse in appropriations was in April 2011. The Federal Aviation Administration partially shut down for two weeks in the summer of 2011 when lawmakers could not agree on a reauthorization bill. Congress granted back pay to furloughed FAA workers, but there's no guarantee they would do the same for all federal workers if they close the government in the next few weeks.
The debates over keeping the government open and increasing the debt limit are likely to come down to the wire, as House Speaker John Boehner, R-Ohio, indicated during a press briefing on Thursday. "We will have plenty of time next weekend to discuss it," Boehner told reporters, smiling as he walked away from the podium.LINK
House Speaker John Boehner, R-Ohio, would not speculate on what would happen once the bill leaves the House. "The fight here has been won; the fight there [Senate] is just beginning," Boehner told reporters during a Thursday briefing.
The White House said it would support a short-term CR to avoid a government shutdown, but not one that guts Obama's signature policy achievement and "advances a narrow ideological agenda that threatens our economy and the interests of the middle class."
In addition to the language regarding Obamacare, the continuing resolution also keeps the sequester in place and ensures the government prioritizes payments on the debt held by the public and Social Security benefits if the debt limit is reached.
Republicans met Wednesday morning to lay out a new plan for tackling the impending fiscal deadlines, after the party's most conservative wing rejected a measure that would have allowed the Senate to pass a continuing resolution without defunding Obamacare. The House GOP leadership ultimately decided to support the Tea Party's effort to tie government funding to defunding the health care reform law, teeing up a showdown between the lower chamber and the Democratic-controlled Senate with less than two weeks left before Oct. 1. The House canceled a recess scheduled for the week of Sept. 23 to stay in Washington to figure out how to get a government funding bill to Obama before the deadline.
The Office of Management and Budget issued guidance on Wednesday telling agencies to prepare for a possible shutdown. The last time the government almost shut down because of a lapse in appropriations was in April 2011. The Federal Aviation Administration partially shut down for two weeks in the summer of 2011 when lawmakers could not agree on a reauthorization bill. Congress granted back pay to furloughed FAA workers, but there's no guarantee they would do the same for all federal workers if they close the government in the next few weeks.
The debates over keeping the government open and increasing the debt limit are likely to come down to the wire, as House Speaker John Boehner, R-Ohio, indicated during a press briefing on Thursday. "We will have plenty of time next weekend to discuss it," Boehner told reporters, smiling as he walked away from the podium.LINK
A Messy Solution to Avoid a Shutdown
Michael Catalini and Billy House, National Journal
September 19, 2013
Congress ambled toward adopting a temporary measure to fund the government on Thursday.
But Republicans continued to disagree over tearing down the president's signature health law, even as Democrats vowed to defeat any spending bill containing language to defund Obamacare and the White House promised to veto it.
The House is expected to pass its spending bill--with the health care language--on Friday, though Speaker John Boehner, R-Ohio, sounded miffed at a news conference Thursday over the perception that Sen. Ted Cruz, R-Texas, and others in the Senate were backing away from the fight over the Affordable Care Act.
It is "time for them to pick up the mantle, and get the job done," Boehner said.
For his part, Cruz said he would "do everything necessary," even possibly pursue a filibuster. But he also said, "As soon as the House passes this ... it's going to be in Harry Reid's court."
The expectation is that the House will pass the bill, only to have the Obamacare language removed in the Senate. Boehner was less vocal about House Republican plans for what would come next.
"We'll have plenty of time next weekend to discuss that," he said, indicating that he expects the showdown could go into the final days before the current funding mechanism's expiration on Sept. 30.
Though next week had been scheduled as a recess week in the House, lawmakers have been told to come back to Washington on Wednesday.
Meanwhile, Senate Democrats are practically giddy at the reports that House and Senate Republicans are bickering over strategy. "You know they know what they're doing is wrong," said Sen. Chuck Schumer, D-N.Y.
Senate Majority Leader Harry Reid, D-Nev., said he wants to wait for whatever the House sends them before revealing what he'll do next. But he did take defunding Obamacare off the table--again.
"Any bill that defunds Obamacare is dead," he said. "Dead."
It's clear that Democrats think they have the public--and perhaps some Senate Republicans--on their side, with Reid citing a tweet from Sen. Bob Corker, R-Tenn., who criticized Cruz.
"I didn't go to Harvard or Princeton, but I can count -- the defunding box canyon is a tactic that will fail and weaken our position. -BC," Corker tweeted.
There are also growing signs that the fight over Obamacare might not be the only hurdle Republicans have to overcome with Democrats--in both chambers.
House Minority Leader Nancy Pelosi, D-Calif., on Thursday warned that House Republicans may not be able to count on House Democratic votes to help pass a temporary spending bill. "Democrats can provide votes if Democrats have a say in what the bill is," she said.
The need for Democratic votes could conceivably emerge if the Senate, as expected, kicks the continuing resolution back to the House stripped of language to defund Obamacare, and there is a resulting erosion of conservative backing behind the measure.
The Republican House bill would continue spending beyond Sept. 30 through Dec. 15 at an annualized level of $986.3 billion, maintaining the sequester cuts. Democrats in the Senate have been writing their spending bills for the new fiscal year at $1.057 trillion, reflecting their desire for a repeal of sequester.
"We're not demanding $1.057 [trillion], or whatever it is," Pelosi said. But she also indicated there is a sense the final top-line number should be somewhere in between the two figures.
She also noted that the House's No. 2 Democrat, Minority Whip Steny Hoyer of Maryland, "has been very forceful that we just cannot have that number [$986.3 billion] ... we suggested splitting the difference," she said.
Would they push such a stance at the risk of letting government shut down? "We'll see when it [the bill] comes back," Pelosi said. "But right now, the mood is not favorable to a $986 [billion] number."
House Appropriations Committee ranking member Nita Lowey, D-N.Y., said the Republican spending bill will also be opposed by Democrats and the White House because of its inclusion of language she said would "dictate to the president in what order to pay the nation's bills in order of default."
"Voting to add politically motivated provisions to the CR is akin to voting to shut down government," Lowey added.
Meanwhile, House Republicans are planning to meet again Friday morning in a strategy discussion on upcoming talks with the Senate and the White House over increasing the debt ceiling--another arena in which they may try to defund Obamacare.
But Republicans continued to disagree over tearing down the president's signature health law, even as Democrats vowed to defeat any spending bill containing language to defund Obamacare and the White House promised to veto it.
The House is expected to pass its spending bill--with the health care language--on Friday, though Speaker John Boehner, R-Ohio, sounded miffed at a news conference Thursday over the perception that Sen. Ted Cruz, R-Texas, and others in the Senate were backing away from the fight over the Affordable Care Act.
It is "time for them to pick up the mantle, and get the job done," Boehner said.
For his part, Cruz said he would "do everything necessary," even possibly pursue a filibuster. But he also said, "As soon as the House passes this ... it's going to be in Harry Reid's court."
The expectation is that the House will pass the bill, only to have the Obamacare language removed in the Senate. Boehner was less vocal about House Republican plans for what would come next.
"We'll have plenty of time next weekend to discuss that," he said, indicating that he expects the showdown could go into the final days before the current funding mechanism's expiration on Sept. 30.
Though next week had been scheduled as a recess week in the House, lawmakers have been told to come back to Washington on Wednesday.
Meanwhile, Senate Democrats are practically giddy at the reports that House and Senate Republicans are bickering over strategy. "You know they know what they're doing is wrong," said Sen. Chuck Schumer, D-N.Y.
Senate Majority Leader Harry Reid, D-Nev., said he wants to wait for whatever the House sends them before revealing what he'll do next. But he did take defunding Obamacare off the table--again.
"Any bill that defunds Obamacare is dead," he said. "Dead."
It's clear that Democrats think they have the public--and perhaps some Senate Republicans--on their side, with Reid citing a tweet from Sen. Bob Corker, R-Tenn., who criticized Cruz.
"I didn't go to Harvard or Princeton, but I can count -- the defunding box canyon is a tactic that will fail and weaken our position. -BC," Corker tweeted.
There are also growing signs that the fight over Obamacare might not be the only hurdle Republicans have to overcome with Democrats--in both chambers.
House Minority Leader Nancy Pelosi, D-Calif., on Thursday warned that House Republicans may not be able to count on House Democratic votes to help pass a temporary spending bill. "Democrats can provide votes if Democrats have a say in what the bill is," she said.
The need for Democratic votes could conceivably emerge if the Senate, as expected, kicks the continuing resolution back to the House stripped of language to defund Obamacare, and there is a resulting erosion of conservative backing behind the measure.
The Republican House bill would continue spending beyond Sept. 30 through Dec. 15 at an annualized level of $986.3 billion, maintaining the sequester cuts. Democrats in the Senate have been writing their spending bills for the new fiscal year at $1.057 trillion, reflecting their desire for a repeal of sequester.
"We're not demanding $1.057 [trillion], or whatever it is," Pelosi said. But she also indicated there is a sense the final top-line number should be somewhere in between the two figures.
She also noted that the House's No. 2 Democrat, Minority Whip Steny Hoyer of Maryland, "has been very forceful that we just cannot have that number [$986.3 billion] ... we suggested splitting the difference," she said.
Would they push such a stance at the risk of letting government shut down? "We'll see when it [the bill] comes back," Pelosi said. "But right now, the mood is not favorable to a $986 [billion] number."
House Appropriations Committee ranking member Nita Lowey, D-N.Y., said the Republican spending bill will also be opposed by Democrats and the White House because of its inclusion of language she said would "dictate to the president in what order to pay the nation's bills in order of default."
"Voting to add politically motivated provisions to the CR is akin to voting to shut down government," Lowey added.
Meanwhile, House Republicans are planning to meet again Friday morning in a strategy discussion on upcoming talks with the Senate and the White House over increasing the debt ceiling--another arena in which they may try to defund Obamacare.
Defense bill likely stalled in Senate until December, aides say
Jeremy Herb, The Hill
September 19, 2013
The Defense authorization bill is not likely to come to the Senate floor until December at the earliest, Senate aides told The Hill.
Senate Armed Services Committee Chairman Carl Levin (D-Mich.) has warned that the Defense bill was slipping until the end of the year, but he has previously said that it could still get to the floor in October or November.
Senate aides, however, said that the bill is not expected to be taken up before Thanksgiving.
"We're probably, unfortunately, looking at December," said one aide familiar with the process.
Senate Armed Services Committee Chairman Carl Levin (D-Mich.) has warned that the Defense bill was slipping until the end of the year, but he has previously said that it could still get to the floor in October or November.
Senate aides, however, said that the bill is not expected to be taken up before Thanksgiving.
"We're probably, unfortunately, looking at December," said one aide familiar with the process.
A senior Democratic aide said that December "is a possibility," but added that it depended on a number of factors.
Sen. James Inhofe (R-Okla.), the top Republican on the Armed Services panel, told The Hill Thursday that he had heard the Defense bill wasn't likely to get to the floor until December.
Asked Thursday about a delay until December, Levin said it was a"vicious rumor" and that he hadn't received anything definitive on timing yet.
Levin told reporters earlier this month that the bill would probably be "another cliffhanger" and end up "closer to the end of the session than I'd like."
The Defense bill, which sets Pentagon policy and authorizes roughly $600 billion in Defense spending, has been moved back on the Senate calendar for a variety of reasons, including the conflict in Syria and the current fight over funding the government and raising the debt ceiling.
Sen. James Inhofe (R-Okla.), the top Republican on the Armed Services panel, told The Hill Thursday that he had heard the Defense bill wasn't likely to get to the floor until December.
Asked Thursday about a delay until December, Levin said it was a"vicious rumor" and that he hadn't received anything definitive on timing yet.
Levin told reporters earlier this month that the bill would probably be "another cliffhanger" and end up "closer to the end of the session than I'd like."
The Defense bill, which sets Pentagon policy and authorizes roughly $600 billion in Defense spending, has been moved back on the Senate calendar for a variety of reasons, including the conflict in Syria and the current fight over funding the government and raising the debt ceiling.
If the Senate waits until December to take it up, it would be the fourth year in a row it has slipped to the final month of the year.
In 2010, the fight over "Don't ask, don't tell," pushed it back; in 2011, it was indefinite detention for terror suspects; and last year, it was a combination of sequestration and national elections.
This year's bill will be tackling a number of thorny topics, including sequestration, closing Guantánamo and military sexual assault.
This year's bill will be tackling a number of thorny topics, including sequestration, closing Guantánamo and military sexual assault.
A December vote inevitably leads to a hastily hashed out conference committee with the House to reconcile the two bills. The House passed its Defense authorization legislation in June.
The authorization bill is one of the few "must-pass" pieces of legislation remaining, and Congress has passed the measure for 51 straight years.
The authorization bill is one of the few "must-pass" pieces of legislation remaining, and Congress has passed the measure for 51 straight years.
NNSA Nominee Klotz Pledges to Focus on Security and Safety
Rachel Oswald, Global Security Newswire
September 19, 2013
WASHINGTON -- Retired Air Force Lt. Gen. Frank Klotz on Thursday told a Senate panel he would focus on maintaining "security and safety" at the embattled National Nuclear Security Administration if confirmed as its director.
President Obama in August nominated Klotz, the previous head of the Air Force Global Strike Command, to lead the Energy Department agency that oversees U.S. atomic weapons and nuclear-nonproliferation efforts. In recent years, NNSA has experienced problems with its oversight of the contractors it employs to manage and protect key U.S. nuclear weapon facilities, as well as with cost overruns and delays for construction projects aimed at replacing aging facilities that deal with fissile materials.
Klotz told the Senate Armed Services Committee during his confirmation hearing that "security and safety are going to be my top priorities if confirmed."
Committee member Roy Blunt (R-Mo.) had asked Klotz whether he had any concerns about NNSA reliance on contractors, given the recent Washington Navy Yard shooting allegedly by a contractor Aaron Alexis and the massive intelligence leaks by former NSA contractor Edward Snowden.
The former lieutenant general said, "We need to take a very close look, given the events of the past few months, whether it's a failure in terms of security of individuals or failures in terms of ... securing facilities."
A 2012 break-in by a trio of elderly peace activists at a bomb-grade uranium storage area of the Y-12 National Security Complex in Tennessee brought congressional scrutiny of the quality of NNSA contractors. The site at the time was managed by private operator B&W Y-12.
At the same time, there are concerns there is too much government oversight of the nation's nuclear weapons facilities. A September National Academies of Science report concluded that NNSA oversight of contractors was contributing to the escalating cost of the atomic experiments that are a core function of the enterprise's national laboratories.
Klotz on Thursday told the Senate Armed Services Committee that he would use the lessons he learned leading the Air Force's Global Strike Command to improve the performance of the semiautonomous Energy Department agency.
In his written responses to advance-policy questions from the Senate committee, Klotz said he would work to reform the NNSA by clarifying lines of authority and accountability throughout the agency's bureaucracy. He also promised to "identify steps to streamline business processes and eliminate needlessly burdensome, non-value added activities."
"I will likewise focus with intensity on adopting measures to dramatically improve NNSA's capabilities for cost estimation, program management, and oversight of capital construction projects," he wrote.
Klotz led Global Strike Command from 2009 to 2011. It was created in response to numerous lapses in the Air Force's management of its nuclear weapons mission such as the 2007 accidental flight of four nuclear-armed cruise missiles across several U.S. States. Under Klotz, responsibility over the Air Force's ICBMs and nuclear bombers was merged into a single chain-of-command.
"When we established the command in 2009, our task was to establish clear lines of authority, responsibility and accountability," Klotz said.
"We also placed strong emphasis on strengthening the safety and security culture, while at the same time, streamlining processes and eliminating needlessly burdensome, non-value-added activities that stood in the way of our people and their incentive to innovate," he added.
Senate Armed Services Committee Ranking Member James Inhofe (R-Okla.) emphasized his concerns with NNSA in his prepared opening statement for Thursday's hearing.
"Congress has serious concerns about [NNSA] management, especially with respect to cost growth, schedule slippage, security and planning," the Oklahoma Republican said.
President Obama in August nominated Klotz, the previous head of the Air Force Global Strike Command, to lead the Energy Department agency that oversees U.S. atomic weapons and nuclear-nonproliferation efforts. In recent years, NNSA has experienced problems with its oversight of the contractors it employs to manage and protect key U.S. nuclear weapon facilities, as well as with cost overruns and delays for construction projects aimed at replacing aging facilities that deal with fissile materials.
Klotz told the Senate Armed Services Committee during his confirmation hearing that "security and safety are going to be my top priorities if confirmed."
Committee member Roy Blunt (R-Mo.) had asked Klotz whether he had any concerns about NNSA reliance on contractors, given the recent Washington Navy Yard shooting allegedly by a contractor Aaron Alexis and the massive intelligence leaks by former NSA contractor Edward Snowden.
The former lieutenant general said, "We need to take a very close look, given the events of the past few months, whether it's a failure in terms of security of individuals or failures in terms of ... securing facilities."
A 2012 break-in by a trio of elderly peace activists at a bomb-grade uranium storage area of the Y-12 National Security Complex in Tennessee brought congressional scrutiny of the quality of NNSA contractors. The site at the time was managed by private operator B&W Y-12.
At the same time, there are concerns there is too much government oversight of the nation's nuclear weapons facilities. A September National Academies of Science report concluded that NNSA oversight of contractors was contributing to the escalating cost of the atomic experiments that are a core function of the enterprise's national laboratories.
Klotz on Thursday told the Senate Armed Services Committee that he would use the lessons he learned leading the Air Force's Global Strike Command to improve the performance of the semiautonomous Energy Department agency.
In his written responses to advance-policy questions from the Senate committee, Klotz said he would work to reform the NNSA by clarifying lines of authority and accountability throughout the agency's bureaucracy. He also promised to "identify steps to streamline business processes and eliminate needlessly burdensome, non-value added activities."
"I will likewise focus with intensity on adopting measures to dramatically improve NNSA's capabilities for cost estimation, program management, and oversight of capital construction projects," he wrote.
Klotz led Global Strike Command from 2009 to 2011. It was created in response to numerous lapses in the Air Force's management of its nuclear weapons mission such as the 2007 accidental flight of four nuclear-armed cruise missiles across several U.S. States. Under Klotz, responsibility over the Air Force's ICBMs and nuclear bombers was merged into a single chain-of-command.
"When we established the command in 2009, our task was to establish clear lines of authority, responsibility and accountability," Klotz said.
"We also placed strong emphasis on strengthening the safety and security culture, while at the same time, streamlining processes and eliminating needlessly burdensome, non-value-added activities that stood in the way of our people and their incentive to innovate," he added.
Senate Armed Services Committee Ranking Member James Inhofe (R-Okla.) emphasized his concerns with NNSA in his prepared opening statement for Thursday's hearing.
"Congress has serious concerns about [NNSA] management, especially with respect to cost growth, schedule slippage, security and planning," the Oklahoma Republican said.
Republican bill would rein in nuclear regulator
Julian Hattem, The Hill
September 18, 2013
Republican lawmakers are introducing legislation to put new checks on the power of the Nuclear Regulatory Commission (NRC).
The NRC Reorganization Act, introduced by Sen. David Vitter (R-La.) and Rep. Lee Terry (R-Neb.) on Wednesday, would add new restrictions on the agency in an attempt to increase accountability.
"The Nuclear Regulatory Commission has a supremely important role within our government, and it cannot effectively operate without common sense legislation supporting it. We want to support the function of the Commission, but put some simple checks and balances in place," Vitter said in a statement. "Our bill will allow the Commission to run itself efficiently, and to preempt abuse of power."
The bill would spread out power from the NRC chairman to all five commissioners, giving them power to fill vacancies and assuring access to all information. According to the lawmakers, that would prevent mismanagement and abuse at the agency.
The bill would spread out power from the NRC chairman to all five commissioners, giving them power to fill vacancies and assuring access to all information. According to the lawmakers, that would prevent mismanagement and abuse at the agency.
"Trust at the Commission has been broken before, and it shouldn't happen again," Terry added in a statement. "This legislation is a good first step in the process to help the Nuclear Regulatory Commission function at a level the American people expect."
Vitter and other critics of former NRC Chairman Gregory Jaczko have accused him of abusing his power at the agency and pushing around his colleagues.
Jaczko stepped down from the NRC last year. Allison Macfarlane is the agency's current chairwoman.
Vitter and other critics of former NRC Chairman Gregory Jaczko have accused him of abusing his power at the agency and pushing around his colleagues.
Jaczko stepped down from the NRC last year. Allison Macfarlane is the agency's current chairwoman.
Transporting Spent Nuclear Fuel: How Do We Know It's Safe?
Nuclear Regulatory Commission
September 19. 2013
In May, we talked about changes to NRC regulations regarding shipments of nuclear materials - including spent fuel. This month, we wanted to share the results of a periodic evaluation of the risk posed by spent fuel shipments. The NRC expects to publish the final study later this year. A draft was published in 2012.
Spent fuel shipments are strictly regulated and have not released any radioactive materials since they began more than 30 years ago. But the NRC still periodically evaluates the risks. As more data become available and computer modeling improves, these studies allow us to refine our understanding of these risks.
The latest study, Spent Fuel Transportation Risk Assessment, modeled the radiation doses people might receive if spent fuel is shipped between various sites. The study confirmed that NRC regulations for spent fuel transport are adequate to ensure safety of the public and the environment.
Both the NRC and the U.S. Department of Transportation oversee radioactive material transport. DOT regulates shippers, vehicle safety, routing, and emergency response. The NRC certifies shipping packages for the more hazardous radioactive materials, including spent fuel.
To be NRC-certified, a package must provide shielding, dissipate heat, and prevent a nuclear chain reaction. It must also prevent the loss of radioactive contents under both normal and accident conditions. The package must be able to survive a sequence of tests meant to envelope the forces in a severe accident. These tests include a 30-foot drop onto an "unyielding" surface (one that does not give, so the package absorbs all the force), a puncture test drop onto a steel peg, and then a 1475-degree Fahrenheit fire that engulfs the package for 30 minutes.
The 2013 risk assessment examined how three NRC-certified packages would behave during both normal shipments and accidents. It modeled a variety of transport routes using population data from the 2000 census, as updated in 2008. It used actual highway and rail accident statistics. It considered doses from normal shipments to people living along transportation routes, occupants of vehicles sharing the route, vehicle crew and other workers, and anyone present at a stop. And it used state-of-the-art computer models. The risk assessment found:
Doses from routine transport would be less than 1/1000 the amount of radiation people receive from background sources each year
There is less than a 1 in 1 billion chance that radioactive material would be released in an accident
If an accident did release radioactive material, the dose to the most affected individual would not cause immediate harm
The 2013 risk assessment builds on earlier studies of transportation risks. It uses real-world data and equipment in place of generic designs and conservative assumptions. The first study, done in 1977, allowed the NRC to say that its transport regulations adequately protect public health and safety. Other studies done in in 1987 and 2000 found the risks were even smaller than the 1977 study predicted. These studies, together with analyses we perform on major transportation accidents, previous physical testing of package performance, and the global experience with thousands of completed spent fuel shipments, give the NRC confidence in the safety of spent fuel shipments.
For more information on how the NRC regulates spent fuel transportation, click here. To read our updated backgrounder on the subject, click here.
The latest study, Spent Fuel Transportation Risk Assessment, modeled the radiation doses people might receive if spent fuel is shipped between various sites. The study confirmed that NRC regulations for spent fuel transport are adequate to ensure safety of the public and the environment.
Both the NRC and the U.S. Department of Transportation oversee radioactive material transport. DOT regulates shippers, vehicle safety, routing, and emergency response. The NRC certifies shipping packages for the more hazardous radioactive materials, including spent fuel.
To be NRC-certified, a package must provide shielding, dissipate heat, and prevent a nuclear chain reaction. It must also prevent the loss of radioactive contents under both normal and accident conditions. The package must be able to survive a sequence of tests meant to envelope the forces in a severe accident. These tests include a 30-foot drop onto an "unyielding" surface (one that does not give, so the package absorbs all the force), a puncture test drop onto a steel peg, and then a 1475-degree Fahrenheit fire that engulfs the package for 30 minutes.
The 2013 risk assessment examined how three NRC-certified packages would behave during both normal shipments and accidents. It modeled a variety of transport routes using population data from the 2000 census, as updated in 2008. It used actual highway and rail accident statistics. It considered doses from normal shipments to people living along transportation routes, occupants of vehicles sharing the route, vehicle crew and other workers, and anyone present at a stop. And it used state-of-the-art computer models. The risk assessment found:
Doses from routine transport would be less than 1/1000 the amount of radiation people receive from background sources each year
There is less than a 1 in 1 billion chance that radioactive material would be released in an accident
If an accident did release radioactive material, the dose to the most affected individual would not cause immediate harm
The 2013 risk assessment builds on earlier studies of transportation risks. It uses real-world data and equipment in place of generic designs and conservative assumptions. The first study, done in 1977, allowed the NRC to say that its transport regulations adequately protect public health and safety. Other studies done in in 1987 and 2000 found the risks were even smaller than the 1977 study predicted. These studies, together with analyses we perform on major transportation accidents, previous physical testing of package performance, and the global experience with thousands of completed spent fuel shipments, give the NRC confidence in the safety of spent fuel shipments.
For more information on how the NRC regulates spent fuel transportation, click here. To read our updated backgrounder on the subject, click here.
SRS cleanup firm lays off 465 workers
Jeff Wilkinson, The State
September 12, 2013
The contractor hired to clean up high-level radioactive waste at the Savannah River Site near Aiken is laying off 465 of its 2,200 workers.
The layoffs come just two weeks after the director of South Carolina's environmental control agency warned the U.S. Energy Department that federal budget cuts could result in hundreds of millions of dollars in fines for not meeting deadlines for the cleanup.
In a letter to the employees released to the news media Thursday, Stuart MacVean, interim president and project manager for contractor Savannah River Remediation, said the workers' last day will be Sept 27.
Tom Clements, with the environmental watchdog group Friends of the Earth, told The State the layoffs make it impossible for the company to reach its milestone agreements with South Carolina. He added the layoffs were the result of the Department of Energy not asking Congress for enough money for the cleanup in a continuing budget resolution for fiscal year 2014.
"The layoffs ... reveal DOE's lack of commitment to cleaning up SRS and to reducing the threat presented by dangerous nuclear waste at the site," he said.
Catherine Templeton, the director of the S.C. Department of Health and Environmental Control, on Aug. 28 warned the energy department that the budget reductions would make it virtually impossible for SRR to meet more than 30 milestones for cleaning up high-level radioactive liquid waste stored in degrading, underground tanks.
In a letter to Energy Secretary Ernest Moniz obtained by The Associated Press, Templeton also warned that the agency will fully enforce the deadlines.
The fines will top $154 million if a waste processing facility doesn't open in October 2015, she said, adding that the agency will not waive daily fines of $105,000 that have accrued since 2011, when the agency granted an extension. Those fines will continue until opening day, the director said, and another extension won't be granted.
Templeton called the waste stored in the site's aging tanks the single largest environmental threat in South Carolina.
During the Cold War, the 310-square-mile complex that encompasses parts of Aiken, Barnwell and Allendale counties produced plutonium and tritium for atomic bombs. After years of cleanup efforts at the site, 37 million gallons of waste remain in 49 underground tanks.
Officials say the large processing facility is needed to reach cleanup goals. Under a joint agreement among the state agency, the Department of Energy, and the Environmental Protection Agency, the 20 remaining "non-compliant" tanks that carry a higher risk for leaks must be closed by 2022. Each tank has its own closure date. A separate consent order signed with the state in 1995 sets the deadline for all of the high-level waste to be treated by 2028. The Department of Energy agreed to fines of $3,000 daily for missing that date
The laid off SRR employees will receive two weeks' pay in lieu of notice and a severance payment equal to one week's pay for each full year of eligibility service up to a maximum of 26 weeks, MacVean wrote to the workers.
Medical coverage can be continued under the DOE Displaced Worker Medical Benefit Program or Consolidated Omnibus Budget Reconciliation Act, the letter said.
"I regret that we have to take this step, but I encourage you to avoid the distractions that these work force changes can cause," MacVean wrote. "We ask that you continue to focus on achievement of this critical mission, and watch out for each other's safety."
LANL operator pledges $3M for economy, education in northern NM
Dan Mayfield, Albuquerque Business First
September 19, 2013
Los Alamos National Security has pledged $3.1 million in economic development and educational help for northern New Mexico.
LANS, which operates Los Alamos National Laboratory, announced the new pledge on Wednesday.
"We've tailored our programs very carefully to leverage dollars for the maximum benefit to the community," said Lab Director and LANS President Charlie McMillan. "Working with regional leaders, we've built a constructive and mutually beneficial relationship."
LANS has pledged $1 million in financial and technical assistance to start and grow regional businesses, $1.1 million for educational projects and $1 million to match employee gifts to nonprofits.
LANS, which operates Los Alamos National Laboratory, announced the new pledge on Wednesday.
"We've tailored our programs very carefully to leverage dollars for the maximum benefit to the community," said Lab Director and LANS President Charlie McMillan. "Working with regional leaders, we've built a constructive and mutually beneficial relationship."
LANS has pledged $1 million in financial and technical assistance to start and grow regional businesses, $1.1 million for educational projects and $1 million to match employee gifts to nonprofits.
Hanford vit plant builder earns half of award payment
Annette Cary, Tri-City Herald
September 18, 2013
Bechtel National has been awarded 49.6 percent of the performance pay possible for the first half of 2013 for its work on the Hanford vitrification plant, according to the Department of Energy.
Bechtel will receive a little more than $3.1 million of a possible $6.3 million for satisfactory ratings for the two categories considered -- project management and cost.
In each category it will be awarded just under 50 percent of the maximum pay possible.
The last pay period, the second half of 2012, Bechtel voluntarily gave up its performance fee. And in the first half of 2012, it received about $3.1 million, which was its lowest performance award payment to date.
Although it received the same pay for the first half of this year, new Bechtel project director Peggy McCullough was encouraged by improvements.
DOE recognized significant improvement in several areas, especially in the last two months of the performance period, she said in a memo to the vit project's 2,300 workers. Improvements in nuclear safety and quality culture received high ratings, she said.
Those areas had been the focus of criticism and numerous reviews.
DOE also liked the way Bechtel managed its contract and purchases during an uncertain financial period. Hanford officials had to wait to learn if money appropriated by Congress could be moved among vit plant and other Hanford work.
Mandatory federal budget cuts were in place, and with no 2013 budget passed by Congress Hanford work was done under a continuing resolution.
Coordination was improved between Bechtel and Department of Energy engineering, according to the award pay scorecard prepared by DOE. DOE also praised Bechtel for identifying a vessel or tank for the plant that did not meet quality assurance requirements before it was delivered and refusing to accept it.
Under the cost category, positives included updating risk management plans and procedures and that 91 percent of risk mitigation actions were effective, DOE said.
"Early identification of risks continues to be effective and helpful," said the DOE scorecard.
However, DOE also identified areas needing improvement, especially in quality.
Bechtel did not agree with all aspects of DOE's evaluation of quality, McCullough said. But it is continuing to aggressively identify and correct deficiencies to make sure the completed plant meets quality requirements and DOE expectations for operations, she said.
The plant will turn up to 56 million gallons of radioactive and hazardous chemical waste now held in underground tanks into a stable glass form for disposal. The waste is left from the past production of plutonium for the nation's nuclear weapons program.
"To meet the DOE goal of verifying readiness to safely operate the WTP (Waste Treatment Plant or vit plant), we must address DOE's concerns regarding quality pedigrees," she said. "We will satisfy those concerns."
Bechtel needs to move faster in making some project management improvements, DOE said. It found Bechtel was slow to develop a plan to correct some problems and made slow progress in resolving some issues related to the eventual safe operation of the plant.
It also has not adequately integrated design of the plant and work to ensure its eventual safe operation, DOE said.
DOE indicated that only 7 of 20 milestones were reached on time, but several of the milestones were missed because of sequestration, the mandatory cuts to the federal budget.
Bechtel needs to find a better way of forecasting the effects of budget reductions, DOE said. DOE also was disappointed that Bechtel found no opportunities for cost efficiency or risk reduction in the first half of the year.
"We will continue to improve and meet future contract milestones," McCullough told staff.
Waste likely not from Hanford tank, report says
Annette Cary, Tri-City Herald
September 12, 2013
It's highly likely that radioactive liquid collected by a system to detect leaks in a Hanford double-shell tank did not come from inside the tank, according to results of a recently completed investigation.
The finding eases concerns that Tank AY-102, Hanford's oldest double-shell tank, may be leaking radioactive waste into the soil beneath it.
A comprehensive study done for the Department of Energy by contractor Washington River Protection Solutions shows "with a high level of confidence" that contaminated liquid collected in a leak detection pit for Hanford's oldest double-shell tank did not come from within the tank, the investigation concluded.
Instead, the pit likely caught some rain water that dripped through the soil, picking up contamination in the soil left during more than 40 years of operating Tank AY-102, and then infiltrated the leak detection pit, according to information in the report. The pit collects water between the bottom of the tank's outer shell and the underground concrete platform beneath the tank.
The inner shell of Hanford's Tank AY-102 slowly is leaking waste into the space between its inner and outer shells. But that waste was not believed to have reached the environment until contamination was found June 20 in the leak contamination pit, raising concerns that the outer shell of the tank also was leaking.
In July, DOE said further tests then to determine if the outer shell was leaking had been inconclusive and had not shown that the contamination came from the tanks.
Although results of the completed investigation are encouraging, DOE will continue its look at the leak detection pit to validate the investigation's conclusion.
It plans to send robotic technology down the leak detection pit, possibly later this year.
Equipment would be lowered from the ground about 65 feet down the pit and then it would go laterally into the collection pipes of the detection system. Technology for the test has not been selected, and sensitive equipment will have to be able to withstand a high-radiation environment.
DOE also will continue to monitor the area between the tank's two shells and the leak detection pit, said Erik Olds, of the DOE Office of River Protection.
The radioactive liquid pumped from the leak detection pit June 20 was contaminated with cesium, which Hanford workers check for as a radioactive marker to determine tank waste contamination. But the level of cesium was a million times more dilute in the pumped liquid than in liquid samples drawn from the tank, according to the completed investigation report.
The liquid pumped from the pit also had sodium and nitrate contamination, but it was several thousand times more dilute than the liquid in the tank, the investigation report said.
One theory had been that the pump lowered into the pit to remove the liquid had been contaminated previously. The pump was taken apart at Hanford's 222-S Laboratory and contamination was found within it, but it was not consistent with tank waste, according to the report.
The Washington State Department of Ecology, a Hanford regulator, has been sent the report and is reviewing it.
"We stand solid in our belief that the tank needs to be pumped," said Jane Hedges, manager of Ecology's nuclear waste program, in a statement Thursday.
DOE has taken actions need to prepare to immediately begin pumping liquid from the tank, if warranted, Olds said.
However, about 22 months would be needed to prepare to also remove sludge from the tank.
Some liquid would need to be left in the tank unless all waste is pumped because the waste generates heat.
In addition to the inner leak at Tank AY-102, six single-shell tanks at Hanford also may be leaking radioactive waste and Hanford officials are continuing an investigation of those tanks.
Hanford has 56 million gallons of radioactive and hazardous chemical waste stored in underground tanks until it can be treated for disposal.
Waste, left from past production of weapons plutonium, is being pumped from 149 single-shell tanks to 28 newer double-shell tanks.
3 Hanford DOE execs switch jobs
Annette Cary, Tri-City Herald
September 18, 2013
Richland -- Three Department of Energy executives are switching jobs at Hanford as part of a program to develop leadership.
Jonathan "JD" Dowell will become the DOE Office of River Protection deputy manager.
His present position as DOE Richland Operations Office assistant manager for the river and plateau will be filled by Ray Corey.
Corey now is the Richland Operations Office assistant manager for safety and environment.
Stacy Charboneau will move to that position. She now is the Office of River Protection deputy manager, the job that now will be held by Dowell.
Matt McCormick, manager of the Richland Operations Office, and Kevin Smith, manager of the Office of River Protection, announced the changes Wednesday in a joint memo to staff.
They are effective Oct. 7.
The rotation will expand the breadth and depth of capabilities, experience and skills within the senior executive service program at the two DOE Hanford offices, the memo said.
The Office of River protection is responsible for Hanford's 56 million gallons of radioactive waste held in underground tanks and the vitrification plant being built to treat that waste for responsible.
The Richland Operations Office is responsible for all other environmental cleanup and operations at Hanford.
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