Suit Accuses Federal Contractors of Mishandling Cleanup at Nuclear Lab

February 19, 2001

By JO THOMAS

IDAHO FALLS, Idaho — Buried in underground tanks and dumped into
trenches at the Idaho National Engineering and Environmental
Laboratory northwest of here is a witches' brew of deadly chemicals
and radioactive waste left over from the cold war. It includes
enough plutonium debris from the Rocky Flats weapons plant in
Colorado to build hundreds of nuclear bombs.

 This laboratory, more than half the size of Rhode Island, has
built and tested civilian and military nuclear reactors for 52
years. Because of its residues and stored wastes, it was designated
a Superfund site in 1989, and the government started trying to
clean it up. Now two men who audited that effort say in a federal
lawsuit that government contractors who were paid hundreds of
millions of dollars made the contamination worse. When the auditors
complained, they said, they were harassed until they resigned.

 The auditors said the contractors deliberately bypassed safety
measures, turned off monitors and alarms, falsified documents, did
not report spills, dumped hazardous wastes on the ground and
illegally sent waste from a pit contaminated with plutonium to a
public landfill.

 Those contentions shed a different light on what state and federal
officials told the public about the contractors' problems at the
site. And in internal documents, federal officials shared some of
the auditors' concerns.

 Officials at the Idaho Division of Environmental Quality announced
in May 1999 that the United States Energy Department, as the site
owner, would pay $504,000 in fines and costs for mishandling
dangerous waste. The division, and Energy Department officials,
said at the time that the violations resulted from oversights or
from problems created before the contractors took over.

 "Things happen," Mike Gregory, the hazardous waste enforcement
coordinator for the state, said in an interview. "Someone gets
lazy. Or they think they're doing right."

 But in 1998, an internal Energy Department review said the
contractor that oversaw the lab and ran the cleanup at that time,
Lockheed Martin Idaho Technologies, had not established "an
underlying culture of rigor, discipline and sustaining leadership"
on environmental, safety and health issues.

 That review, signed by John M. Wilcynski, manager of the Energy
Department's Idaho Operations Office, said that three major
accidents, including the deaths of two workers, had occurred. He
recommended that the contract be put out for bid.

 Jim Fetig, a spokesman for the Lockheed Martin Corporation, based
in Bethesda, Md., said that there might have been environmental
missteps in Idaho, but that none were intentional.

 "I don't think for a second that there was an ethos of nonconcern
about environmental issues," Mr. Fetig said.

 Waste was stored improperly in some cases, he said, but it was
hard to find out what old storage tanks contained. "They are still
trying to get a handle on what's in those tanks and what to do with
it," Mr. Fetig said. "There was a lot of bad stuff out there and
only so much money. A contractor can only do what the Department of
Energy approves."

 Lockheed Martin did not seek to renew its contract in Idaho, but
still manages two research facilities for the Energy Department,
the Sandia National Laboratories in Albuquerque and the Knolls
Atomic Power Laboratory in Schenectady, N.Y.

 Besides Lockheed Martin, which ran the site from October 1994
through September 1999, the lawsuit names EG&G Idaho Inc., the
contractor that ran the site from 1976 to 1994, and the
Westinghouse Idaho Nuclear Company, which ran the Idaho Chemical
Processing plant from 1989 to 1994. The plant stored and
reprocessed nuclear waste from reactors around the world.

 Mark J. Meagher, a Denver lawyer representing Westinghouse, said
the company denied all the charges. Edward W. Pike, an Idaho Falls
lawyer representing EG&G, declined to comment on the case.

 Also named is Coleman Research, a Lockheed Martin subcontractor
that employed the auditors, Neil Mock and Scott Lebow. William
Goodrich, a lawyer for Coleman, said the company did not retaliate
against the men for their complaints.

 The lawsuit is being brought under a federal law that allows
individuals who contend that contractors committed fraud to sue on
the government's behalf and recover 25 percent to 30 percent of any
judgment. The suit was filed in 1996 in United States District
Court in Pocatello, Idaho, but was kept under seal until the
government decided three years ago not to join it. 

 The Energy Department considers the Idaho laboratory, now managed
by BWXT Idaho, a consortium led by Bechtel Inc., essential to the
future of nuclear power, both civilian and military. The laboratory
has also been named to lead development of new cleanup
technologies.

 The auditors arrived at the laboratory in the early 1990's. Mr.
Lebow was a senior environmental, safety and quality regulatory
compliance specialist. Mr. Mock was a senior scientist.

 They said that they were told that employees of Westinghouse and
Lockheed Martin had turned off spill alarms on 300,000-gallon tanks
containing liquid high-level radioactive waste, and that no one
responded to two spills they saw in 1995.

 They said Lockheed Martin tried to flush out four other storage
tanks EG&G had described as empty. When the tanks were found to
contain corrosives contaminated by mercury at a rate nine times the
reportable level, Lockheed Martin continued flushing the
contaminated water — 2.4 million pounds in all — into a pond for
absorption into the soil and for evaporation.

 Brad Bugger, a spokesman for the Department of Energy in Idaho,
said that the mercury spill was an example of bad management but
that it posed no additional risk to the environment because "only a
couple of ounces of mercury" were involved.

 Mr. Mock and Mr. Lebow charge that from 1995 to 1998 Lockheed
Martin employees occasionally disabled or disconnected the
monitoring devices on smokestacks at a plant where high-level
radioactive waste was processed, to conceal excess emissions of
iodine-131, a radioactive isotope that is readily absorbed by the
human body. They say this happened at the laboratory's Nuclear
Technology and Environmental Complex, formerly known as the Idaho
Chemical Processing Plant.

 In 1995, they said, monitors were also disabled at the
laboratory's Waste Experimental Reduction Facility, which burned
radioactive paper, clothing, plastic and garbage. That incinerator
was closed last October after citizens threatened to sue Idaho
officials, who denied it a hazardous waste permit.

 When Lockheed Martin managers were told in writing about the
disabling of the air pollution monitors, the auditors say, the
company told staff members not to report these acts to the
authorities. Lockheed Martin denies this.

 Boxes of soil contaminated with hazardous waste, improperly
labeled as low-level waste, were sent illegally to a disposal site
in Utah in 1996, Mr. Mock and Mr. Lebow say, and a Lockheed Martin
subcontractor, Lockheed Martin Advanced Environmental Systems,
illegally disposed of waste from Pit 9, which contains plutonium
and other radioactive substances, in the Bonneville County
landfill.

 This month, Gary Johnson, the assistant inspector general of the
Environmental Protection Agency, said he would look into questions
about the laboratory raised by local environmental organizations
concerned about airborne emissions. Another local organization has
warned of dangers to the Snake River Aquifer, which is the water
supply for 20 percent of Idaho's population. 

Copyright 2001 The New York Times Company