Laser Project Hits a Snag; Court Hints At Conflict

By JAMES GLANZ

A federal judge has temporarily barred backers of an Energy
Department laser project from citing an expert panel's evaluation,
a decision suggesting that the panel may have been improperly
stacked with people who have a stake in the project.

 Congress saved the project last year, when it was nearly $1
billion over budget and years behind schedule, after a panel of
technical experts found that many technical and managerial problems
had been corrected. The project's budget for the current fiscal
year was nearly tripled to $199 million.

 But on Wednesday, Judge Emmet G. Sullivan of the Federal District
Court for the District of Columbia, issued a preliminary injunction
barring the Energy Department, which operates the project at
Lawrence Livermore National Laboratory in Northern California, from
offering the panel's report in continuing lobbying efforts before
Congress.

 The department says the laser project, called the National
Ignition Facility, will help ensure the reliability of the nation's
nuclear stockpile without actual nuclear tests, by simulating
conditions close to those in bombs. Opponents say the project was
built only to give Livermore weapons scientists a mission after the
end of the cold war.

 The suit was filed by the Natural Resources Defense Council in
Washington and a local organization critical of the laboratory. It
charges, in effect, that the department filled the panel with
scientists who had a financial and professional stake in the laser,
in violation of the Federal Advisory Committee Act.

 "This court injunction suggests that D.O.E.'s review is not
independent and is not even legal," said Senator Tom Harkin, an
Iowa Democrat who opposes the project, referring to the Department
of Energy. "We should not continue to pour money into N.I.F.
without a rigorous, independent review."

 Darwin Morgan, a spokesman for the National Nuclear Security
Agency, a semiautonomous agency within the department that handles
the project, denied that panel members had conflicts of interest.

 "The merits of the case have not been decided yet," Mr. Morgan
said. 

 But Dr. Thomas B. Cochran, director of the nuclear program at the
defense council, which brought the suit, said the injunction could
be significant, since Congress withheld $69 million of the 2001
money until the Energy Department could certify, sometime after
this March 31, that the project's revised schedule and cost
estimates were sound and that it could meet its technical goals.

 The injunction, which also covers a second review panel formed
this year, means that the findings may not be offered in support of
the project during the certification and indicates that Judge
Sullivan believes that the plaintiffs in the suit are likely to
prevail.

 But Judge Sullivan also ruled that if Congress decided to request
the reports, they could be sent with a disclaimer saying that they
might be in violation of the statute.

Copyright 2001 The New York Times Company