The Path Forward for WIPP: A State and Local Perspective David Martin, Cabinet Secretary NM Energy, Minerals, and Natural Resources Department (EMNRD) Low-Level Radioactive Waste Forum Fall 2014 Meeting Denver, Colorado October 30, 2014

Outline Summary of Events Leading to Suspension of Operations DOE’s Response: A Regulator’s Perspective (NMED) Negatives Positives A Path Forward for Re-opening WIPP Identification and Resolution of the Problems Facility Operation DOE Management Independent Peer Review Stronger Oversight State Plans and Requests

Fire and Radiological Release Feb 5, 2014: Vehicle Fire Ineffective maintenance, fire protection and emergency management/preparedness Feb 14, 2014: Radiological release Ventilation/filtration system did not operate correctly Amount of radiation released is below any threshold that would indicate a public health hazard 21 employees at WIPP tested positive for radiological contamination, but “dose does not represent a clinically significant exposure”

DOE’s Response from the Perspective of a Regulator Negatives WIPP: Initial Communication with Regulator & Public Damaged DOE’s Credibility at the Start Pace of the Investigation is Moving Too Slowly LANL: Poor Communication with Regulator is Damaging DOE’s Credibility & Increasing Potential Liability DOE HQ: Difficulty Keeping Everyone Focused

DOE’s Response (cont.) Positives Multi-Laboratory Technical Assessment Team & LANL Teams (Energetics Team, Remediation Planning Team, Chemical Reactions Team) WIPP: Town Hall Meetings & Communication with Regulators WIPP: Recovery Plan Looks Promising

New Mexico’s Initial Views on How to Move Forward at WIPP Root Cause of Release Must be Identified & Verified by Independent Team Interim Panel Closure: Panel 6 ASAP & Panel 7, Room 7 Pending Accident Investigation Board Findings Eliminate the Silo Effect at WIPP/Generator Sites DOE-HQ Cannot Manage Recovery Operations from Washington, D.C. DOE-EM Must be Given Control of Legacy Waste Cleanup at LANL and Throughout the Complex

DOE Actions to Date Decontamination at WIPP more than 50% completed Ongoing assessments by Accident Investigation Board and Technical Assessment Team Office of Inspector General Management Alert* WIPP Recovery Plan** Cleanup of transuranic waste at LANL will be transitioned from NNSA to DOE-EM Improved communication and transparency at Carlsbad Town Hall Meetings *Remediation of Selected Transuranic Waste Drums at Los Alamos National Laboratory- Potential Impact on the Shutdown of the Department’s Waste Isolation Plant (Sept. 2014) **Waste Isolation Pilot Plant--Road to Recovery (Sept. 30, 2014)

Independent Peer Review All scientists currently studying the radiological event are DOE employees or contractors of DOE Independent team of experts is needed Review DOE’s conclusions regarding the root cause of the radiological release Define procedures to ensure this problem will never happen again

Stronger Oversight Among Oversight Agencies Multiple Regulatory Agencies (22) Involved, including U.S. Environmental Protection Agency U.S. Nuclear Regulatory Commission N.M. Environment Department (NMED) N.M. Energy, Minerals, and Natural Resources Department Carlsbad Environmental Monitoring and Research Center (CEMRC) Mine Safety and Health Administration N.M. and U.S. Department of Transportation Alliance of key agencies and local government for coordination and accountability to the public

State Plans and Requests State will request funding for an independent peer review team led by New Mexico Tech State will convene a meeting of the key WIPP oversight agencies and local government officials Stronger coordination among agencies Community Assurance Program for improved communication Request management changes at DOE A full-time DOE employee at the CBFO with decision-making authority to run the WIPP recovery Ensure FY16 funding Better collaboration with generator sites

Questions?