Oak Ridge Today

Y-12 protesters ask for extra month to file motions in federal case

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Attorneys for the three anti-nuclear weapons activists accused of sneaking into the Y-12 National Security Complex have asked for more time to file motions.

The three defendants—Greg Boertje-Obed, Megan Rice, and Michael R. Walli—have been charged with property destruction, property depredation, and trespassing. They face a Feb. 26 trial in U.S. District Court in Knoxville.

Tuesday was the deadline to file motions in the federal case against them. The activists and their attorneys have asked for an extra month.

In a motion filed Tuesday, the attorneys asked for the deadline to be extended to Nov. 9 because they haven’t finished investigating the “circumstances of this case and therefore cannot yet fully advise the defendants regarding the filing of motions in this matter.”

Walli is represented by Christopher Scott Irwin of Knoxville and William P. Quigley of New Orleans, Rice is represented by Francis L. Lloyd Jr. of Knoxville, and Boertje-Obed is representing himself, although he has the assistance of “elbow counsel,” Knoxville attorney Bobby E. Hutson Jr.

During the July 28 security breach at Y-12, the three activists allegedly spray-painted slogans and splashed human blood on the Highly Enriched Uranium Materials Facility, where bomb-grade uranium is stored.

They have pleaded not guilty to the federal charges against them. They face potential penalties of up to 16 years in jail and $600,000 in fines.

Ohio congressman questions leaders’ knowledge of Y-12 security failures

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Mike Turner

Mike Turner

Note: This story was last updated at 12:50 p.m.

An Ohio congressman on Tuesday said federal and contractor officials continue to assert that senior leaders had no knowledge of failing systems before the July 28 security breach at the Y-12 National Security Complex, but he finds that unbelievable.

“It is not fathomable and not credible that the systems would have such repeated failures and have such vulnerabilities and no one knew,” said U.S. Rep. Mike Turner, an Ohio Republican. “The system didn’t just fail that night but had been repeatedly failing.”

Many of the alleged failures that allowed three anti-nuclear weapons activists to sneak into the plant on July 28, including cameras that didn’t work and guards who didn’t respond appropriately, have been documented in an Aug. 10 “show cause” letter from the National Nuclear Security Administration to B&W Y-12 as well as in an August report from the U.S. Department of Energy Inspector General. The failures were scrutinized in two congressional hearings in September, when lawmakers scolded federal officials and criticized contractors.

Not knowing about the failures might be even worse than knowing about them and not doing anything, Turner said.

Turner, who toured Y-12 on Monday and had a conference call with reporters on Tuesday, chairs the Strategic Forces Subcommittee of the House Armed Services Committee. He has introduced legislation that would have the military, rather than contractors, provide security at certain National Nuclear Security Administration sites such as Y-12.

He and Rep. Loretta Sanchez, a California Democrat and ranking member of the Strategic Forces Subcommittee, expressed their concerns in a Sept. 13 letter to President Barack Obama.

“From our preliminary oversight activities of the Y-12 site security incursion of July 28, it is clear that an unprecedented security failure occurred due to contractor incompetence and failures at every level of oversight,” the letter said. “Lapses at every level in terms of process, personnel, and accountability could have allowed a disaster.”

The system that was in place was permitted to degrade and may have been insufficient, Turner said Tuesday.

In their letter to Obama, he and Sanchez said the issues may not be limited to Y-12. They said security at DOE-NNSA facilities is inadequate and the facilities could be “gravely at risk.”

Turner’s legislation, called Securing Our Nuclear Weapons and Facilities Act, would transfer responsibility for providing security at certain NNSA sites to the U.S. Department of Defense. Under the bill, the military would provide security for nuclear weapons and special nuclear material at NNSA sites like it does for nuclear weapons in military custody, the congressman’s office said.

In addition, the responsibility for securing the transportation of nuclear weapons would shift to DOD.

It’s part of a debate that dates back decades over whether to use federal or contractor forces for certain types of government work. There is also a debate over what nuclear weapons work should be done by civilians and what should be done by the military.

“The July 28 incident is evidence that the current guards aren’t up to the job,” the congressman’s office said in a statement. “Much of the fault is on the larger system that enabled the failures, but ultimately several of the individual guards failed to do their jobs.”

The statement said the military is already responsible for safeguarding nuclear weapons on bases, including at facilities in Washington and Georgia.

“The military already knows how to do this and do it well,” the statement said.

Turner said he left Monday’s tour believing that officials—including Rod Johnson, who is now the senior official in charge of security at Y-12—are highly dedicated to resolving security issues. He said security at Y-12 today is better than it has ever been.

There were different types of failures that allowed the July 28 security breach, including technological problems, the performance of security personnel, and senior management and leadership failures, Turner said. But he said the problems that existed on July 28, when the three activists spray-painted slogans and splashed human blood on the Highly Enriched Uranium Materials Facility, have been addressed.

Turner said ongoing investigations will hold people accountable. There have already been a string of staff changes and a series of investigations, among other things, and security guard company WSI Oak Ridge is losing its contract at Y-12.

But Turner said he is still skeptical about whether the nation is adequately addressing security needs at NNSA facilities.

“We have no margin for error,” he said.

WSI Oak Ridge pledges to help B&W Y-12 during security transition

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Although it is losing its contract to guard the Y-12 National Security Complex, WSI Oak Ridge on Monday said it will work with B&W Y-12 to help with the transition of the plant’s protective force during the next few weeks.

B&W Y-12 announced Friday that it would end the contract with WSI. That announcement came two months after an unprecedented security breach at Y-12, and it occurred on the same day that the National Nuclear Security Administration recommended a contract termination.

B&W Y-12, which manages and operates the plant for the National Nuclear Security Administration, will now be responsible for security.

The transition of the site’s protective functions started Monday, and a WSI press release suggested it could last several weeks.

“WSI Oak Ridge will continue to assist however necessary, for as long as necessary, to ensure a safe and secure transition,” the release said. “Both parties have agreed that in the interest of Y-12, we will work together to secure opportunities for support personnel.”

The 811-acre Y-12 plant, which manufactures parts for every weapon in the nation’s nuclear arsenal, has about 500 guards. Also known as Wackenhut Services and G4S Government Solutions, WSI has guarded the site since 2000.

“WSI has enjoyed supporting NNSA, B&W, and the Oak Ridge community at large over our past decade of protective force support to the Y-12 National Security Complex,” the release said.

In its press release Friday, B&W Y-12 said active Y-12 security police officers and other active union WSI Oak Ridge employees at Y-12 and the Central Training Facility in Oak Ridge will be offered employment with B&W Y-12 at their current wages and benefits. Collective bargaining agreements with union employees will be honored.

 B&W Y-12 will also conduct an evaluation and hiring process for non-union WSI Oak Ridge employees who supervise and support Y-12 guards, the release said.

B&W Y-12 will terminate WSI Oak Ridge security contract

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Note: This story was updated at 10:48 a.m. Oct. 1.

WSI Oak Ridge, the company that has guarded the Y-12 National Security Complex for about a dozen years, will lose its contract, B&W Y-12 announced Friday evening.

The announcement came two months after an unprecedented security breach. It occurred on the same day that the National Nuclear Security Administration recommended a contract termination.

“B&W Y-12 fully supports NNSA’s recommendation in this matter and will work diligently to further enhance the security at Y-12 and make the transition for former WSI Oak Ridge employees as seamless as possible,” said B&W Y-12 President and General Manager Chuck Spencer. “We recognize that our focus on safety and security at Y-12 cannot be compromised, and we remain committed to continuing to drive improvements in both areas.”

B&W Y-12, which manages and operates the plant for the NNSA, will now be responsible for Y-12 security, a press release said. The transition will start Monday.

Y-12 manufactures parts for every weapon in the nation’s nuclear arsenal, and B&W Y-12 said it wants the transition to be orderly, ensuring that “safe and secure operations remain the highest priority.”

A company press release said active Y-12 security police officers and other active union WSI Oak Ridge employees at Y-12 and the Central Training Facility in Oak Ridge will be offered employment with B&W Y-12 at their current wages and benefits. Collective bargaining agreements with union employees will be honored.

B&W Y-12 will also conduct an evaluation and hiring process for non-union WSI Oak Ridge employees who supervise and support Y-12 guards, the release said.

It said WSI Oak Ridge employees at Y-12 and the Central Training Facility should continue reporting to work as scheduled.

There are about 500 guards at Y-12. WSI, also known as Wackenhut Services and G4S Government Solutions, has provided security services there since 2000.

WSI became a subcontractor to B&W Y-12 after the July 28 security breach. Before that highly publicized intrusion, which has brought the plant much unwanted attention and punctured its aura of invincibility, WSI had operated under a separate contract with the NNSA.

Officials said the subcontractor status would result in a “single-point accountability for security.”

During the security breach, three anti-nuclear weapons activists sneaked into the plant, cut through fences with bolt cutters, and spray-painted slogans and splashed human blood on the Highly Enriched Uranium Materials Facility, where bomb-grade uranium is stored.

A variety of concerns have been raised since then, including by members of Congress, who focused on the actions of the guards and contractors, and security cameras that didn’t work.

On Friday, NNSA Public Affairs Director Josh McConaha did not say what evidence was used to recommend a WSI contract termination.

The B&W Y-12 press release said the company began making changes quickly after the July 28 intrusion to prevent any future occurrences.

“These actions included the removal and replacement of key leadership personnel, restoration of critical security system elements to service, and refining and recalibrating of alarm system components to enhance reliability,” it said. “Through multiple corrective measures, daily site-wide alarms have been significantly reduced, and protective force alarm responses have improved.”

Federal officials recommend WSI contract termination, extend B&W Y-12 contract

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Highly Enriched Uranium Materials Facility

Federal officials have recommended ending a contract with a security company two months after three protesters reached the Highly Enriched Uranium Materials Facility at the Y-12 National Security Complex. (Photo courtesy of NNSA/B&W Y-12)

Note: This story was last updated at 10:41 a.m. Oct. 1.

Two months after an unprecedented security breach, federal officials have recommended ending a contract with guard company WSI Oak Ridge at the Y-12 National Security Complex.

In a brief letter Friday, the National Nuclear Security Administration said it has had “grave concerns” about the ability of WSI Oak Ridge and managing contractor B&W Y-12 to “effectively perform physical security functions at Y-12” after the July 28 intrusion by three anti-nuclear weapons activists.

Federal officials said B&W Y-12 should assume direct responsibility for protective force operations as early as it can. B&W Y-12 manages and operates Y-12 for the NNSA, a separate U.S. Department of Energy agency, and the company will decide whether to end the WSI contract.

“They will have to figure out what that transition looks like,” NNSA Public Affairs Director Josh McConaha said.

B&W Y-12 officials were not able to immediately respond to the NNSA recommendation on Friday afternoon.

WSI Oak Ridge, also known as Wackenhut Services and G4S Government Solutions, now provides about 500 security guards at Y-12. The company has been the security contractor at the plant, which makes parts for every weapon in the nation’s nuclear arsenal, since 2000.

While recommending a contract termination for WSI, the NNSA has given B&W Y-12 a one-month contract extension. The B&W contract had been set to expire Sunday.

On Aug. 10, B&W Y-12 was notified that it could lose its contract. That “show cause” notice gave the contractor 30 days to explain why its contract should not be terminated.

“While we recognize that both B&W Y-12 and WSI-OR have undertaken corrective actions, neither these actions nor the response to the show cause notice are enough, at this point, to fully resolve the issues,” Jill Y. Albaugh, NNSA Production Office contracting officer, said in the Friday letter.

Although B&W Y-12’s response to the show cause was not deemed sufficient, McConaha said discussions continue between federal officials and that contractor.

“It was clear that we did not need to wait for that process to wrap up regarding WSI,” he said, although he didn’t give more information.

Y-12 National Security Complex

Contractor WSI Oak Ridge, which could lose its contract, has provided security personnel at the Y-12 National Security Complex since 2000, and there are now about 500 guards at the 811-acre plant.

Albaugh made the recommendation to end the WSI contract in the Friday letter, which was written to B&W Y-12 President and General Manager Charles G. Spencer. She said it would assure the best performance of physical security operations and help transition to a new consolidated management contract at Y-12 and the Pantex Plant near Amarillo, Texas.

“This decision comes after the top leadership of WSI at Y-12 were removed and are no longer welcome at DOE sites,” an NNSA statement said. “The officers associated with the incident were fired, demoted, or suspended without pay. Additionally, three federal officials with security oversight responsibilities were reassigned.”

On Aug. 31, B&W Y-12 notified WSI that its contract could be terminated “for default” if the company didn’t take action to address security concerns, including the July security breach and an incident on Aug. 29, when a federal inspector allegedly found papers in a patrol vehicle that weren’t supposed to be shared. The papers included answers to a test scheduled to be given to guards as part of an investigation after the security breach and a copy of a test designed to quiz a random sample of a few dozen guards on policies and procedures.

WSI later announced that it had investigated the incident and found that its employees hadn’t intended to do anything wrong.

On Friday, WSI Oak Ridge Public Affairs Manager Courtney Henry said the company hadn’t received official notification of the NNSA and DOE recommendation to terminate its contract.

Federal officials have repeated an August statement by Energy Secretary Steven Chu that the Y-12 security breach was completely unacceptable.

“The security of our nation’s nuclear material is the department’s most important responsibility, and we have no tolerance for federal or contractor personnel who cannot or will not do their jobs,” the NNSA statement said.

It said NNSA and DOE have taken strong and decisive action to fix the problems that led to the security breach and are reviewing security operations at all levels from contractors to federal management to the security model itself.

“The final review in that series will begin shortly when the secretary asks observers outside the department to analyze the current model for protection of nuclear materials and explore additional options for protecting these sites,” the statement said.

One review by the DOE Office of Health, Safety, and Security has been completed. The classified report was delivered to Chu this week. It reinforced the seriousness of the incident, and it will help improve security at Y-12 and across the department, the NNSA statement said.

McConaha said there is no timeline for determining whether to end the B&W Y-12 contract. However, there is an early November goal to announce an award that would combine the management and operations contracts at Y-12 and Pantex.

McConaha said he couldn’t confirm details on the bidders.

During the July 28 security breach, three activists allegedly sneaked into Y-12 before dawn, cut through fences with bolt cutters, evaded guards, and spray-painted slogans and splashed human blood on the Highly Enriched Uranium Materials Facility, where bomb-grade uranium is stored. It’s the nation’s primary storehouse for enriched uranium.

The three protesters—Greg Boertje-Obed, Megan Rice, and Michael R. Walli—face a Feb. 26, 2013, trial in U.S. District in Knoxville on federal charges of property destruction, property depredation, and trespassing.

The intrusion has led to a string of staff changes in federal and contractor work forces, a series of investigations, a reassignment of the protective forces contract from NNSA to B&W Y-12, a temporary halt in nuclear operations, and congressional hearings.

B&W Y-12 names new deputy general manager for operations

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David Richardson

David Richardson

The Y-12 National Security Complex has a new deputy general manager for operations, B&W Y-12 announced Tuesday.

The new manager, David Richardson, will be one of three deputy general managers at Y-12.

Richardson has the same job title as William R. Klemm, a former deputy general manager of operations who retired in August, a few weeks after an unprecedented July 28 security breach. However, Richardson’s range of job duties will be narrower than Klemm’s, allowing him to focus on nuclear operations.

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Ohio Republican introduces bill to transfer nuclear facility security to military

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Mike Turner

Mike Turner

The chair of the U.S. House Subcommittee on Strategic Forces has introduced legislation that would put the military in charge of security of nuclear weapons and special nuclear materials at certain federal sites, including the Y-12 National Security Complex.

The legislation is in response to the unprecedented July 28 security breach at Y-12, according to a press release from U.S. Rep. Mike Turner, an Ohio Republican.

Security at Y-12, including security systems and personnel, has been provided by contractors B&W Y-12 and WSI Oak Ridge.

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No intentional wrongdoing in Y-12 test question distribution, WSI Oak Ridge says

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Note: This story was updated at 9:58 a.m. Sept. 19.

WSI Oak Ridge workers did not intend to do anything wrong when test questions associated with a federal inspection were distributed to employees in August, the company said in a statement Tuesday.

The test questions and other information were allegedly found in a patrol vehicle on Aug. 29. They were part of a federal investigation after the July 28 security breach at the Y-12 National Security Complex, and they were not supposed to be shared, a U.S. Department of Energy official said earlier this month.

In its statement Tuesday, WSI Oak Ridge said its investigation, which used independent legal counsel, found that the distribution of the papers was not meant to help employees that could have been tested.

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Guard, union president defend security officer performance during Y-12 breach

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The work of a few security guards has been heavily scrutinized and repeatedly criticized since the July 28 security breach at the Y-12 National Security Complex.

Last week, the criticism came from members of the U.S. House of Representatives, who also directed their frustration at U.S. Department of Energy officials and the plant’s contractors, calling the security breach “appalling” and an “all-out failure.”

But in recent interviews, a guard and union representative defended the performance of the security police officers at Y-12.

“I did my job exactly the way I’ve been trained for 30 years,” said Kirk Garland, who was the first security guard to reach the three anti-nuclear weapons activists who sneaked into Y-12 before dawn on July 28 and vandalized a building where bomb-grade uranium is stored.

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NNSA reassigns two officials after Y-12 security breach

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Daniel Hoag

Daniel Hoag

Two National Nuclear Security Administration officials have been reassigned after the July 28 security breach at the Y-12 National Security Complex.

Daniel Hoag has been temporarily reassigned to the Oak Ridge Site Office, NNSA Administrator Thomas D’Agostino said in an Aug. 7 staff memo. Hoag has been deputy manager of the new NNSA Production Office, or NPO, which oversees nuclear production missions at Y-12 in Oak Ridge and the Pantex Plant near Amarillo, Texas.

Hoag’s appointment was announced in July, shortly before the security breach. He served as the chief operating officer for Pantex and Y-12, reporting to NPO Manager Steven Erhart in Oak Ridge.

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Y-12 security breach ‘obvious dereliction of duty’

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Lawmakers criticized federal officials and contractors during congressional hearings this week on the July 28 security breach at the Y-12 National Security Complex, demanding to know who had been fired and who had been responsible for repairing critical cameras that didn’t work.

“This level of intrusion into the perimeter of a highly secure nuclear weapons facility is unprecedented—and it is completely unacceptable,” said Mike Turner, an Ohio Republican who chairs the U.S. House Strategic Forces Subcommittee. “It is outrageous to think that the greatest threat to the American public from weapons of mass destruction may be the incompetence of Department of Energy security.”

Legislators took aim at federal officials and the “mind-boggling incompetence” of contractors. They wanted to know how an 82-year-old nun was able to reach the “Fort Knox” of uranium, a building inside a high-security area at Y-12 surrounded by fences and protected by alarms and cameras—and where deadly force is authorized.

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Second House panel questions federal officials on Y-12 security breach

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The U.S. House of Representatives has a second hearing this afternoon on this summer’s security breach at the Y-12 National Security Complex.

Today’s 2 p.m. hearing is before the House Subcommittee on Strategic Forces, and it can be watched live online.

Today’s hearing follows one yesterday by the House Oversight and Investigations Subcommittee. During that hearing, House members called the July 28 security breach at Y-12 “appalling” and an “all-out failure,” and they asked who had been fired and who was responsible for various problems—such as security cameras that didn’t work.

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