Oak Ridge Today

Y-12 protesters can’t use necessity, Nuremberg defenses at Tuesday trial

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Y-12 Plowshares Protesters

Pictured above are the three anti-nuclear weapons protesters who broke into the Y-12 National Security Complex on July 28. From left, they are Michael Walli, Megan Rice, and Greg Boertje-Obed.

The three protesters accused of sneaking into the Y-12 National Security Complex and vandalizing a uranium storage building in July will not be able to argue during their trial next week that they violated federal laws in order to achieve a greater good, a judge said.

It’s what is known as a necessity defense, and it only applies in rare situations, U.S. District Judge Amul R. Thapar said in an opinion and order filed Tuesday. It allows a defendant to avoid a conviction even when the government has proven all the elements of an offense.

Thapar said the three anti-nuclear weapons activists—Greg Boertje-Obed, Megan Rice, and Michael Walli—did not have any evidence to establish three of the four required elements of the necessity defense, including a “reasonable fear of death or serious bodily injury due to a present, imminent, and unlawful threat.”

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CNS will offer more details on proposed cost savings at Y-12, Pantex

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The team that won the $22.8 billion contract in January to manage two nuclear weapons facilities in Tennessee and Texas will provide more details on how it proposes to save $3.27 billion during the next decade, a company spokesman said Monday.

Consolidated Nuclear Security LLC, or CNS, won the contract to manage and operate the Y-12 National Security Complex in Oak Ridge and the Pantex Plant near Amarillo, Texas.

But the two losing teams filed protests, and in a decision announced Monday, the U.S. Government Accountability Office upheld parts of the protests. The GAO raised questions about whether the National Nuclear Security Administration, which announced the contract award to CNS on Jan. 8, had properly evaluated the costs savings proposed by bidders. [Read more…]

Parts of Y-12, Pantex contract protests upheld; GAO says procurement should be re-opened

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Y-12 National Security Complex

The U.S. Government Accountability Office has upheld parts of two protests filed over the January award of a five-year contract to manage and operate the Y-12 National Security Complex, pictured above, and Pantex Plant near Amarillo, Texas. (Submitted photo)

A federal agency has upheld parts of two protests challenging a five-year contract to manage two nuclear weapons plants in Tennessee and Texas.

The U.S. Government Accountability Office also recommended re-opening the contract procurement, raising questions about the status of the $22.8 billion contract awarded to Consolidated Nuclear Security LLC, or CNS, in January. CNS was one of three bidding teams who competed for the contract to manage and operate the Y-12 National Security Complex in Oak Ridge and Pantex Plant near Amarillo, Texas.

At the heart of the GAO decision, announced Monday, were questions about proposed savings. In particular, the agency seemed to question whether the National Nuclear Security Administration, which awarded the consolidated contract to CNS on Jan. 8, had properly evaluated the expected savings.

“NNSA failed to follow the publicly stated solicitation criteria, which provided that the agency would evaluate the feasibility and size of each offeror’s proposed cost savings resulting from the consolidation of the management and operation of these sites,” Ralph O. White, GAO managing associate general counsel for procurement law, said in a statement released Monday afternoon. [Read more…]

Government asks court to dismiss one charge against Y-12 protesters

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Y-12 Plowshares Protesters

Pictured above are the three anti-nuclear weapons protesters who broke into the Y-12 National Security Complex on July 28. From left, they are Michael Walli, Megan Rice, and Greg Boertje-Obed.

Note: This story was last updated at 9:47 a.m. April 29.

Federal prosecutors have asked the U.S. District Court in Knoxville to dismiss one of the charges against the three anti-nuclear weapons activists accused of breaking into the Y-12 National Security Complex in July and splashing blood and spray-painting slogans on a uranium storage building.

A motion filed on Thursday said the United States has determined that it is unable to establish jurisdiction for that charge, one of three faced by the defendants: Greg Boertje-Obed, Megan Rice, and Michael Walli. That charge alleges that the trio destroyed and injured, and attempted to destroy and injure, Y-12 property. [Read more…]

Court will not limit time for jury examination in Y-12 protester case

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A federal judge will not limit the time used to examine prospective jurors during jury selection on May 6 in the trial against three anti-nuclear weapons activists accused of breaking into the Y-12 National Security Complex last summer and vandalizing a uranium storage building.

As previously reported, attorneys for the defendants—Greg Boertje-Obed, Megan Rice, and Michael Walli—had asked for six hours for jury selection because of the publicity the unprecedented security breach has generated. [Read more…]

B&W Y-12 names Kevin Corbett as VP of quality assurance

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Kevin Corbett

Kevin Corbett

Kevin Corbett has been named B&W Y-12 vice president of quality assurance. He is replacing Janice Christman, who will be retiring from the Y-12 National Security Complex at the end of April.

With 32 years of experience, Corbett has managed quality programs on projects and installations for the U.S. Department of Energy and National Nuclear Security Administration, the Department of Defense, and the Department of State, as well as commercial nuclear power facilities and large-scale infrastructure programs valued at more than $20 billion.

“The B&W Y-12 team certainly will benefit from Kevin’s broad range of experience,” said B&W Y-12 President and General Manager Chuck Spencer. “With quality being a key component of everything we do at Y-12, Kevin’s expertise will help us ensure quality is an integral part of our culture.” [Read more…]

Y-12 protesters arrested during demonstration will not contest charges, group says

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OREPA March to Y-12

Three members of the Oak Ridge Environmental Peace Alliance will not contest the charges filed against them during this April 6 march from the Oak Ridge Civic Center to the Y-12 National Security Complex.

Three members of the Oak Ridge Environmental Peace Alliance will not contest charges filed against them for impeding the flow of traffic during an April 6 demonstration that ended at the Y-12 National Security Complex, the group said in a press release Monday.

The three OREPA members were arrested as about 70 protesters marched from the Oak Ridge Civic Center to Y-12 during an annual spring demonstration. [Read more…]

Former attorney general says Y-12 work unlawful, nuclear weapons should be eliminated

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Ramsey Clark

Ramsey Clark

Note: This story was updated at 3:54  p.m.

KNOXVILLE—A former U.S. attorney general who said he has been involved in many cases that address the legality and wisdom of the nation’s nuclear arms policy on Tuesday said he supported the mission of the three protesters who broke into the Y-12 National Security Complex in July, splashing blood and spray-painting slogans on a building that stores most of the country’s bomb-grade uranium.

“I agree absolutely with their purpose, which is to eliminate nuclear weapons,” said Ramsey Clark, who was U.S. attorney general from 1967-1969.

The three protesters—Greg Boertje-Obed, Megan Rice, and Michael Walli—face a May 7 trial in U.S. District Court in Knoxville. Clark could testify for them. [Read more…]

Closed-circuit TV may be used for jury selection in Y-12 protester case

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Y-12 Plowshares Protesters

Pictured above are the three anti-nuclear weapons protesters who broke into the Y-12 National Security Complex on July 28. From left, they are Michael Walli, Megan Rice, and Greg Boertje-Obed.

There could be 70 potential jurors during jury selection for the May 7 trial against three protesters accused of breaking into Y-12 National Security Complex last summer, so supporters and reporters might not be allowed in the courtroom.

One defense attorney said there would be a problem fitting everyone into even the largest courtroom in U.S. District Court in Knoxville, but another said jury selection is part of the trial and should be open to the public.

U.S. District Judge Amul R. Thapar said federal officials may try to set up a closed-circuit television system for jury selection, which could last several hours. [Read more…]

Former U.S. attorney general, civil rights participant can testify at Y-12 protester hearing

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Y-12 Plowshares Protesters

Pictured above are the three anti-nuclear weapons protesters who broke into the Y-12 National Security Complex on July 28. From left, they are Michael Walli, Megan Rice, and Greg Boertje-Obed.

A federal judge will allow a former U.S. attorney general and civil rights sit-in participant to testify at a Tuesday motions hearing for the three anti-nuclear weapons activists who broke into the Y-12 National Security Complex in July.

The two witnesses are former U.S. Attorney General Ramsey Clark and civil rights sit-in participant Robert Booker.

The three anti-nuclear weapons activists are accused of cutting through three fences in the high-security Protected Area at Y-12 on July 28 and splashing human blood and spray-painting messages on the Highly Enriched Uranium Materials Facility, where most of the nation’s bomb-grade uranium is stored. [Read more…]

United Way donations down after security breach, contractor changes

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United Way of Anderson County

Tom Hilton, 2012-2013 campaign chair, left, with outgoing United Way of Anderson County Board President Jimmy Stone, who accepted the No. 1 Company Campaign Award on behalf of Oak Ridge National Laboratory. (Photo courtesy of D. Ray Smith)

Donations to the United Way of Anderson County were down this year, and on Thursday, officials cited challenges in the federal contracting community, including the July 28 security breach at the Y-12 National Security Complex and the later departure of security contractor WSI.

There was also an end to federal stimulus money, a freeze in federal budgets and salaries, and a new consolidated contract to manage Y-12 and the Pantex Plant near Amarillo, Texas, which could result in the departure of B&W Y-12, said Rick Morrow, UWAC executive director.

The United Way of Anderson County had hoped to raise $1.4 million in the fiscal year that ended March 31, but volunteers and staff members fell short of that, collecting $1,277,771. [Read more…]

DOE Environmental Management has public meeting to discuss cleanup funding, strategy

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Mark Whitney

Mark Whitney

The U.S. Department of Energy’s Oak Ridge Office of Environmental Management, or EM, is holding a public meeting to discuss the program’s fiscal year 2015 budget and cleanup priorities. The workshop, featuring Oak Ridge’s senior EM leadership, is scheduled from 4-6 p.m. April 23 at Pollard Auditorium.

“As taxpayer stewards, I think these public meetings are a responsible practice that increase transparency and explain our decision process,” said Mark Whitney, Oak Ridge’s Environmental Management manager. “These meetings also provide a forum for residents and stakeholders to voice their opinions, suggestions, and concerns about our vision.” [Read more…]