Letter to The Honorable Dianne Feinstein, Chairman and The Honorable Lamar Alexander, Ranking Member Senate Appropriations Subcommittee on Energy and Water Development

Letter

U.S. Sens. Jeff Bingaman and Tom Udall are appealing to Senate appropriators to increase funding levels for operations at the Waste Isolation Pilot Plant (WIPP) in Carlsbad and for the cleanup of transuranic (TRU) waste at Los Alamos National Laboratory in the FY 2012 budget.

In a letter to the chairman and ranking member of the Subcommittee on Energy and Water, Bingaman and Udall acknowledge the constraints of the current budget climate, but emphasize the need for "the consideration of two high-priority environmental initiatives" for New Mexico.

For the operations of the WIPP facility in Carlsbad, the senators are asking the subcommittee to raise the funding level over the FY11 amount by $30 million. The facility has recently undergone layoffs and the increase is important to maintain a stable workforce and meet all safety requirements and for nuclear waste storage at the site. This increase to the WIPP facility operations account would bring the entire funding for WIPP to $220 million, which includes waste processing and transportation that takes place in other states.

"To ensure the continued safe and compliant operation of this important facility we believe staffing and operation levels must be maintained, and a funding increase to $167 million to operate WIPP is appropriate," they wrote.

The senators also say that in order for the Department of Energy to comply with "Fence-to-Fence" cleanup of LANL, as stipulated in a signed Consent Order with the State of New Mexico,

funding must be elevated to the "highest level possible" -- especially in light of the recent Las Conchas fire, which threatened some waste stored above ground that is destined for WIPP.

"Cleanup at Los Alamos allows for the transfer of lands to the county and other property owners, reduces risks, and protects ground and surface water," they wrote. "The importance of removing TRU waste from the site was clearly highlighted this summer when the massive Las Conchas forest fire threatened various laboratory facilities."

The Senate Appropriations Energy and Water Development Subcommittee reported legislation earlier this month, and the Senate and House will need to reach agreement on full FY 2012 appropriations levels.

Below is the full text of the senators' letter:

September 27, 2011

The Honorable Dianne Feinstein, Chairman

The Honorable Lamar Alexander, Ranking Member

Senate Appropriations Subcommittee on

Energy and Water Development

184 Dirksen Senate Office Building

Washington, DC 20510

Dear Madam Chairman and Senator Alexander:

We want to thank you for your fine work on the FY 2012 Energy and Water Development appropriations bill. We especially want to express our appreciation for the support you have shown in the bill for the people of New Mexico. We realize the great budget pressure you are operating under this year, and you and your staff should be complimented for the fair way you have handled this difficult task.

As your Subcommittee prepares to complete work on the FY12 bill, we respectfully request your consideration of two high-priority environmental initiatives for our state.

Waste Isolation Pilot Plant, Carlsbad, NM

President's Request: $228,926,000

Senate bill: $200 million; House bill: $220 million

We strongly urge you to accept the House's higher funding level of $220 million for WIPP with the Senate's report language. Though the House's bill would cut funding specifically for WIPP Operations (CB-0080), we believe the higher level of funding in FY12 is critical for completion of all required activities, including storage of TRU waste, compliance with safety requirements, maintenance, capital equipment, mining and closure efforts. WIPP has suffered from the loss of 116 staff positions this year. To ensure the continued safe and compliant operation of this important facility we believe staffing and operation levels must be maintained, and a funding increase to $167 million to operate WIPP is appropriate. In addition, we support the Senate's proposed FY12 funding levels for both the Central Characterization Project and for WIPP Transportation.

Los Alamos National Laboratory/Defense Environmental Cleanup

President's Request: $358 million

Senate and House Bills: $185 million

We are concerned that the proposed FY12 funding for cleanup at LANL is substantially below the president's request. The Department of Energy (DOE) signed a Consent Order with the State of New Mexico, effective on March 1, 2005, that requires DOE to complete a "Fence-to-Fence" cleanup of LANL by December 29, 2015. We believe the expedited cleanup is an important commitment that Congress and DOE have made to the community and the State of New Mexico. Cleanup at Los Alamos allows for the transfer of lands to the county and other property owners, reduces risks, and protects ground and surface water. The importance of removing TRU waste from the site was clearly highlighted this summer when the massive Las Conchas forest fire threatened various laboratory facilities. To comply with the consent agreement, the president's budget for FY12 proposed increasing efforts to stabilize and dispose of solid waste, for soil and water remediation, and for facility D&D. We hope you will make every effort to fund the cleanup effort at LANL in FY12 at the highest level possible.

We are very sensitive to the budgetary constraints under which your subcommittee will be operating as you complete the FY12 bill and sincerely appreciate your continuing attention to the needs of the citizens of New Mexico.

Sincerely,

Jeff Bingaman Tom Udall

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