Schedule Set for Hearings on NMED Compliance Orders
Kenneth Fletcher
WC Monitor
2/27/2015
New Mexico has asked Los Alamos National Laboratory to turn over records for a suspect batch of waste dating back to 2006, threatening fines of up to $10,000 per day if the Department of Energy doesn’t comply. The documents cover nitrate salt-bearing waste drums processed at LANL, one of which is thought to be the source of last year’s radiological release at the Waste Isolation Pilot Plant. Last year, DOE gave NMED a summary of the processes used to identify the 267 parent containers at LANL believed to contain the nitrate salts. NMED is now asking DOE and contractor Los Alamos National Security, LLC, to provide, among other documentation, “all internal reviews of waste management practices regarding nitrate salt-bearing waste streams from 2006 to present,” according to a Feb. 17 letter from NMED to DOE and lab contractor officials.
The letter cited penalties that could reach up to $10,000 per day for failing to carry out the request. “Your compliance with this information is mandatory. Failure to respond fully and truthfully within the time specified herein, or adequately justify such failure to respond, may result in enforcement action by NMED,” the letter states. NMED requested a response by March 9.
Relations between DOE and NMED have been tense since last year’s incidents at WIPP. In December, NMED issued a set of compliance orders levying a $17.7 million fine for 13 violations at WIPP and a $36.6 million fine for 24 violations at Los Alamos National Laboratory. Earlier this month, NMED warned of potentially $100 million in additional penalties, citing additional violations at Los Alamos. DOE has fought back, though, calling the penalties grossly disproportionate” and denied many of the alleged violations in a case filing last month.
Compliance Order Hearing Schedule Set
NMED has set the hearing schedule for the WIPP and LANL compliance orders, with a hearing set for WIPP on July 9 and for LANL Sept. 21, which will take place unless there is a settlement with DOE prior to the hearings. They will be NMED administrative hearings with DOE, set before a hearing officer designated by NMED and will not be in a court, but will be open to the public, according to NMED spokeswoman Jill Turner. After hearing arguments from both sides the hearing officer will make a recommendation to NMED leadership. An appeal of that decision could go into state or federal court, Turner said.
