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Exclusive: Federal judge dismisses lawsuit against CNS

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The sign at the main entrance to the Y-12 National Security Complex is pictured above on Sunday, Aug. 6, 2017. (Photo by John Huotari/Oak Ridge Today)

The sign at the main entrance to the Y-12 National Security Complex is pictured above on Sunday, Aug. 6, 2017. (Photo by John Huotari/Oak Ridge Today)

 

A federal judge has dismissed a lawsuit that was filed three years ago after Consolidated Nuclear Security LLC began managing and operating the Y-12 National Security Complex and made changes to health care benefits.

The changes in benefits led to protests, mostly by retirees, near Y-12 and the U.S. Department of Energy Oak Ridge Office just before they took effect January 1, 2015.

Y-12 retirees Betty Hatmaker and Charlene Edwards, who had been among the protesters, filed the lawsuit that summer. The 31-page civil complaint was filed August 12, 2015, in U.S. District Court in Knoxville. Hatmaker and Edwards sought to make their lawsuit a class action complaint, meaning they could have represented other plaintiffs, possibly including several thousand former Y-12 workers who retired between 1975 and 2015.

A trial had been scheduled for June 25, but the case was dismissed by Chief U.S. District Judge Thomas A. Varlan on May 30.

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UPF lawsuit: NNSA considering new, supplemental environmental impact statement for Y-12

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The sign at the main entrance to the Y-12 National Security Complex is pictured above on Sunday, Aug. 6, 2017. (Photo by John Huotari/Oak Ridge Today)

The sign at the main entrance to the Y-12 National Security Complex is pictured above on Sunday, Aug. 6, 2017. (Photo by John Huotari/Oak Ridge Today)

 

With a lawsuit pending, federal officials are considering whether a new or supplemental environmental impact statement is needed for the Y-12 National Security Complex after design plans changed for the Uranium Processing Facility, the largest federal construction project in Tennessee since World War II.

As part of the process, the National Nuclear Security Administration is preparing what is known as a supplement analysis, or SA. A draft of the new SA has been issued, and you can read it on the Y-12 website.

Comments on the draft supplement analysis can be submitted through June 20.

The final new supplement analysis and a record of decision could be issued by July 27, although the schedule is subject to change, according to a joint status report filed in U.S. District Court in Knoxville on May 11. The record of decision is expected to say whether a new or supplemental environmental impact statement is required for Y-12.

There was a site-wide environmental impact statement, or EIS, prepared for Y-12 in 2011. About five years later, in 2016, there was a supplement analysis prepared under the National Environmental Policy Act. It was connected to the decision by the NNSA and U.S. Department of Energy to not prepare a new or supplemental environmental impact statement after the NNSA decided on a new multi-building design for the UPF, rather than a single-building design, as part of an effort to keep project costs down, among other considerations. [Read more…]

Despite censure, lawsuit, calls for resignation, Jones still running in May 1 primary

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The Anderson County Commission, which is pictured above on March 20, 2018, unanimously censured Anderson County Circuit Clerk William Jones on Feb. 20, and asked him to resign after sexual harassment allegations were reported. (Photo by John Huotari/Oak Ridge Today)

The Anderson County Commission, which is pictured above on March 20, 2018, unanimously censured Anderson County Circuit Court Clerk William Jones on Feb. 20, and asked him to resign after sexual harassment allegations were reported. (Photo by John Huotari/Oak Ridge Today)

 

Note: This story was updated at 10:40 a.m.

CLINTON—He’s been accused of inappropriate behavior that includes unwelcome sexual advances, unwanted touching, and lewd and vulgar text messages. He’s been unanimously censured and asked to resign by the Anderson County Commission. He’s been sued in federal court. And some residents have joined commissioners in asking him to resign, or at least not seek re-election.

Despite those pleas, though, Anderson County Circuit Court Clerk William Jones, who has denied many allegations and called others false, is seeking re-election in the Anderson County Republican Party primary election on Tuesday, May 1. Jones has filed counterclaims in federal court and filed a defamation lawsuit in state court.

Some of the sexual harassment allegations appear to have been forwarded to the Federal Bureau of Investigation and other agencies, including the Tennessee Attorney General, Tennessee Department of Labor, and Tennessee Administrative Office of the Courts, according to records released by Anderson County. It’s not clear which outside agencies, if any, might be investigating the complaints, or whether the local district attorney general might be investigating.

Willliam T. Jones

Willliam T. Jones

Commission censures Jones, asks him to resign

The accusations against Jones, who is seeking his second four-year term, were publicly disclosed during a review of a sexual harassment complaint at an Anderson County Commission meeting on February 20.

During that meeting, Kim Jeffers-Whitaker, Anderson County’s chief deputy director of human resources and risk management, said her department had received five reports of inappropriate workplace behavior by Jones.

“The five reports create a harassing pattern,” Jeffers-Whitaker said.

She said the reports are supported by two affidavits and four sworn statements that the county’s human resources department obtained from the victims, who include four past or present employees and one citizen.

According to Jeffers-Whitaker, the alleged instances of unprofessional conduct include: [Read more…]

UPF lawsuit moved from DC to Knoxville

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A rendering of the Uranium Processing Facility at the Y-12 National Security Complex. (Image from May 2017 courtesy of NNSA)

A rendering of the Uranium Processing Facility at the Y-12 National Security Complex. (Image from May 2017 courtesy of NNSA)

 

The federal lawsuit that asks for an environmental review of the new multi-building design for the Uranium Processing Facility at the Y-12 National Security Complex has been transferred from Washington, D.C., to Knoxville.

The transfer of the civil complaint had been requested in September by the defendants, U.S. Energy Secretary James Richard “Rick” Perry and Frank G. Klotz, former administrator of the National Nuclear Security Administration. The NNSA is an agency within the U.S. Department of Energy that manages nuclear weapons programs and facilities, including Y-12, among other activities.

United States District Judge Dabney L. Friedrich, who was assigned the case in December, granted the motion to transfer the lawsuit from the District of Columbia to U.S. District Court for the Eastern District of Tennessee, which includes the Knoxville division, on March 23.

The 44-page federal lawsuit, which was filed in U.S. District Court in Washington, D.C., on July 20, argues that a new environmental impact statement should be prepared for the new design for the UPF, the largest federal construction project in Tennessee since World War II. The plaintiffs allege that the NNSA’s decision to use several new buildings for the UPF, rather than just one, and continue to use some old buildings at Y-12 for some nuclear weapons work is risky because the old buildings could collapse during a major earthquake, possibly leading to a nuclear accident that could release radiological materials.

Federal officials denied that allegation and others in a 29-page response filed September 29. They’ve called some allegations vague, ambiguous, or speculative, and they have said that safety and technical analyses are under way at Y-12. Some buildings may require seismic upgrades, depending upon evaluation results, and an Extended Life Program is meant to ensure that two buildings—Building 9215 and Building 9204-2E—will safely support future operations, federal officials said. [Read more…]

Oak Ridge man sentenced to 14 years for child pornography

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James Edward Hiatt

James Edward Hiatt

 

Note: This story was last updated at 10:38 p.m.

An Oak Ridge man was sentenced to 14 years in federal prison on Wednesday for distributing and possessing child pornography, authorities said.

James Edward Hiatt, 33, was sentenced by Chief U.S. District Judge Thomas A. Varlan in U.S. District Court in Knoxville.

He had been indicted by a federal grand jury on charges of distributing and possessing child pornography on February 17, 2016.

A sentencing memorandum filed September 11, 2017, said seized computer equipment found that Hiatt had about 2,900 digital images of child pornography and 1,400 digital videos. The child pornography included prepubescent minors engaged in sexually explicit activity, including “disturbing depictions of sadistic conduct, bondage, and bestiality involving very young children,” the sentencing memorandum said.

Hiatt consented to be interviewed during a search and admitted to knowingly downloading child pornography, the sentencing memorandum said. [Read more…]

Anderson County residents among 44 indicted in meth distribution conspiracy

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A group of Anderson County residents was part of an alleged methamphetamine distribution ring that involved 44 people and a conspiracy to distribute 50 grams or more of methamphetamine in East Tennessee and elsewhere, federal officials said Monday.

A 30-count indictment was returned against the 44 people by a federal grand jury in Greeneville in East Tennessee on January 9. Among those indicted were nine residents of Clinton, Oliver Springs, Powell, and Rocky Top, according to a press release from the U.S. Department of Justice’s Eastern District of Tennessee on Monday. There were also four Knoxville residents indicted and a dozen in Bristol and Kingsport in upper East Tennessee, among other defendants in Tennessee, Georgia, and Virginia.

Anderson County Sheriff’s Department, Clinton Police Department, Oak Ridge Police Department, Oliver Springs Police Department, and Seventh Judicial District Crime Task Force in Anderson County were among the agencies that helped with the investigation, the press release said.

Here are the people that were indicted in the alleged methamphetamine distribution conspiracy: [Read more…]

DOE, NNSA deny alleged risk of ‘catastrophic collapse’ of old Y-12 buildings

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Y-12 Building 9212

A low-level aerial shot of Building 9212 at the Y-12 National Security Complex, one of the buildings mentioned in a federal lawsuit filed in July over the proposed Uranium Processing Facility.

 

Note: This story was updated at 8:30 a.m.

The plaintiffs in a civil lawsuit filed in federal court in July alleged that there is a risk of a catastrophic collapse of old buildings containing nuclear weapon components at the Y-12 National Security Complex, possibly due to a large earthquake. A catastrophic collapse “would likely” result in the release of nuclear or toxic materials and place the environment and local residents in “extreme peril,” the plaintiffs said.

But federal officials denied that allegation and others in a response filed in late September.

The 44-page civil complaint, which is related to the planned Uranium Processing Facility at Y-12, was filed July 20 in U.S. District Court in Washington, D.C. The seven plaintiffs include three public interest organizations—Oak Ridge Environmental Peace Alliance, Nuclear Watch of New Mexico, and Natural Resources Defense Council of Washington, D.C.—and four people who live in Oak Ridge and Knoxville.

The federal lawsuit asked for an environmental review of the new design for the UPF, where design plans have changed from one building to three. The lawsuit alleged that the U.S. Department of Energy and the National Nuclear Security Administration have violated a federal environmental law, the National Environmental Policy Act, or NEPA, as they implement the major design change.

Specifically, the plaintiffs have requested a new supplemental environmental impact statement or a new site-wide environmental impact statement for the revised UPF design. They cited the decision to build several new buildings and the plan to continue using existing buildings that the plaintiffs say have significant structural defects. They want the U.S. District Court to vacate, or void, a supplement analysis and an amended record of decision prepared by the NNSA in 2016. [Read more…]

Federal lawsuit asks for environmental review of new UPF design

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OREPA-Ralph-Hutchison-Aug-6-2016-2

Ralph Hutchison, coordinator of the Oak Ridge Environmental Peace Alliance, is pictured above during a rally at Alvin K. Bissell Park on Saturday, Aug. 6, 2016. (File photo by John Huotari/Oak Ridge Today)

 

A lawsuit filed Thursday alleges that the U.S. Department of Energy and National Nuclear Security Administration have violated a federal environmental law, and the civil complaint asks for an environmental review of the new design for the Uranium Processing Facility at the Y-12 National Security Complex, the largest federal construction project in Tennessee since World War II.

The lawsuit was filed in U.S. District Court in the District of Columbia by several public interest organizations—Oak Ridge Environmental Peace Alliance, Nuclear Watch of New Mexico, and Natural Resources Defense Council of Washington, D.C.— and four people: Ed Sullivan of Oak Ridge, and Ralph Hutchison, Jack Carl Hoefer, and Linda Ewald, all of Knoxville.

The defendants are Energy Secretary James Richard “Rick” Perry and NNSA Administrator Frank G. Klotz.

The complaint alleges that the NNSA is taking, but failing to consider, grave risks with safety and the potential environmental impacts of the nation’s nuclear weapons program, in violation of the National Environmental Policy Act.

It says the NNSA has refused to prepare a supplemental environmental impact statement, or SEIS, to consider important new information about the serious vulnerability of the new design for UPF, which is supposed to be completed by 2025 for no more than $6.5 billion. [Read more…]

Benanti gets four life sentences, plus 155 years, in bank extortion, robbery spree

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Oak Ridge Police Department at Y-12 Federal Credit Union

The Oak Ridge Police Department responded to a kidnapping and attempted robbery at the Y-12 Federal Credit Union on Lafayette Drive in Oak Ridge on Tuesday morning, April 28, 2015. (File photo by John Huotari/Oak Ridge Today)

 

Michael Benanti

Michael Benanti

A Pennsylvania man was sentenced Tuesday to four consecutive life sentences in federal prison, plus an additional 155 years, for his convictions involving a violent bank extortion and robbery spree in four states and several cities, including Oak Ridge and Knoxville, authorities said.

Michael Anthony Benanti, 45, of Lake Harmony, Pennsylvania, was sentenced by Chief U.S. District Court Judge Thomas A. Varlan in Knoxville on Tuesday.

Benanti had been convicted by a jury after a trial in U.S. District Court in February 2017. The jury found him guilty of one count of conspiracy to commit robbery and armed bank extortion, two counts of attempted armed bank extortion, one count of armed bank extortion, three counts of carjacking, three counts of kidnapping, three counts of being a previously convicted felon in possession of a firearm, and 10 counts of using, carrying, and brandishing a firearm during and in relation to a crime of violence.

“Often, severe federal penalties, such as mandatory minimum sentences, are the most effective tool to protect the American public from a violent criminal like Benanti,” U.S. Attorney Nancy Harr said in a press release. “The consecutive sentences received by Benanti for firearms violations ensure he will never again be able to victimize families in East Tennessee or elsewhere. The U.S. Attorney’s office is, and remains committed to, prosecuting these crimes and seeking the highest penalties possible to help keep the American people safe.” [Read more…]

Ohio couple sentenced in fraud conspiracy involving Oak Ridge company

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Photo by U.S. District Court

Photo by U.S. District Court

An Ohio couple was sentenced Friday for their roles in a conspiracy involving an Oak Ridge company, its owners, and more than $350,000 in unauthorized purchases, authorities said.

Christy A. Greider, 40, and Jason A. Greider, 42, both of Huber Heights, Ohio, were sentenced for their roles in a conspiracy to commit mail and wire fraud by U.S. District Court Judge Pamela L. Reeves. Christy Greider will serve 33 months in federal prison, and Jason Greider will serve 27 months, United States Attorney Nancy Stallard Harr said in a press release.

The Greiders both pleaded guilty in February 2017 to one count of conspiracy to commit mail and wire fraud, the press release said. Christy Greider worked as the bookkeeper for M-3 Construction Inc., located in Oak Ridge. She also helped the company’s owners keep track of their personal finances, the press release said. [Read more…]

After crash, search, man sentenced on gun charge, woman indicted on drug charges

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Car Crash at Hilltop and West Outer Drive

Police said the driver of this silver Infiniti fled on foot after a three-car crash at North Illinois Avenue and West Outer Drive on Monday night, Sept. 21, 2015, just a few hours after a shooting was reported a short distance away on Wakefield Road. (File photo by John Huotari/Oak Ridge Today)

 

A man was sentenced on a federal gun charge in September and a woman was indicted on state drug charges in June after a three-car crash reported after a shooting in 2015 led authorities to track a driver to a home in north Oak Ridge, where officers allegedly found 49 grams of suspected heroin and other drugs.

Larry Dewayne Williams of Oak Ridge pleaded guilty to a federal charge of being a felon in possession of firearms and ammunition in U.S. District Court in Knoxville on September 26. He was sentenced by U.S. District Judge Pamela L. Reeves to the minimum seven years in prison, or 84 months.

In June, Chelsey Reign Lively, identified as Williams’ girlfriend in court documents, was indicted on state drug charges of selling, delivering, or possessing heroin for sale; selling, delivering, or possessing for sale more than 14.175 grams of marijuana; and selling, delivering, or possessing ethylone for sale. The Anderson County Grand Jury indicted Lively on June 6, and she was arraigned in Anderson County Criminal Court in Clinton on June 30.

The circumstances of the shooting, reported on Wakefield Road at about 8:30 p.m. Monday, September 21, 2015, remain unclear. No injuries were reported, although three bullets were reported to have hit one home. It’s not clear who the shooter was or if there was more than one person involved. There appeared to be a significant number of rounds fired. Investigating that night, Oak Ridge Police Department Detective Kevin Craig documented 21 casings.

About two hours after that shooting was reported, Oak Ridge Police Department Officer James Elkins tried to stop a silver Infiniti sedan that was reported to be involved in the shooting, according to court documents. But the silver Infiniti fled, ran a red light, and caused a three-car crash at West Outer Drive and North Illinois Avenue in north Oak Ridge, the court documents said. The Infiniti rolled onto its side and burst into flames, and Williams, identified as the driver, climbed out of the car and ran into the woods, according to his plea agreement. [Read more…]

Federal trial under way for man accused of kidnapping in robbery plots, including at Y-12 FCU

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Michael Benanti

Michael Benanti

The federal trial is under way for a Pennsylvania man accused of kidnapping family members and robbing or attempting to rob banks and credit unions, including in Oak Ridge and Knoxville.

The trial for Michael Anthony Benanti, 44, of Lake Harmony, Pennsylvania, started with jury selection on Monday in U.S. District Court in Knoxville. It has continued this week.

Benanti and a co-defendant, Brian Scott Witham, 45, of Waterville, Maine, had been named in a 15-count indictment issued by a federal grand jury in December 2015. They were accused of kidnapping family members and robbing or attempting to rob three banks and credit unions in Oak Ridge, Knoxville, and Elizabethton. The Y-12 Federal Credit Union in Oak Ridge was one of the three financial institutions that was targeted.

Witham pleaded guilty March 1, 2016. He received a 42-year sentence and will be the star witness against Benanti, his co-defendant, according to Jamie Satterfield, a Knoxville News Sentinel reporter.

The trial for Benanti could last up to three weeks. Oak Ridge Today has not been able to cover the trial, but Satterfield has been covering it. You can see four of her News Sentinel stories here: [Read more…]

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