Washington State v. Bodman et al

Filing 259

ORDER GRANTING 258 DEFENDANTS' UNOPPOSED MOTION TO ENTER CONSENT DECREE MILESTONE EXTENSIONS AND MODIFYING AMENDED CONSENT DECREE BETWEEN U.S. DEPARTMENT OF ENERGY AND STATE OF WASHINGTON. The Consent Decree, ECF No. 59 , as modified by the Amended Consent Decree, ECF No. 222 , and its subsequent amendments, ECF Nos. 232 , 242 , and 251 , is further amended as ordered herein. Signed by Senior Judge Rosanna Malouf Peterson. (CV, Case Administrator)

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FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Jul 18, 2022

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SEAN F. MCAVOY, CLERK

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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STATE OF WASHINGTON,
DEPARTMENT OF ECOLOGY,

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Plaintiff,

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v.

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JENNIFER GRANHOLM, Secretary
of the United States Department of
Energy, and the UNITED STATES
DEPARTMENT OF ENERGY,

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Defendants.

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NO. 2:08-cv-5085-RMP
ORDER GRANTING
DEFENDANTS’
UNOPPOSED MOTION TO
ENTER CONSENT DECREE
MILESTONE EXTENSIONS
AND MODIFYING
AMENDED CONSENT
DECREE BETWEEN U.S.
DEPARTMENT OF ENERGY
AND STATE OF
WASHINGTON

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BEFORE THE COURT is an Unopposed Motion to Enter Consent Decree

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Milestone Extensions by Defendants Secretary of the Department of Energy

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Jennifer Granholm 1 and the United States Department of Energy (collectively,

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“Defendants”), ECF No. 258. Having reviewed the motion, the record, and

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relevant law, the Court is fully informed.

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The Court substitutes Secretary Granholm in the caption in this matter. Fed. R.
Civ. P. 25(d).
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ORDER GRANTING DEFENDANTS’ UNOPPOSED MOTION TO ENTER
CONSENT DECREE MILESTONE EXTENSIONS AND MODIFYING
AMENDED CONSENT DECREE BETWEEN U.S. DEPARTMENT OF
ENERGY AND STATE OF WASHINGTON ~ 1

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Defendants and Plaintiff State of Washington, Department of Ecology
(collectively, “the Parties”), stipulate to amendment of the Consent Decree, ECF
No. 59, the Amended Consent Decree, ECF No. 222, and its subsequent
amendments, ECF Nos. 232, 242, 251, on the basis that the novel coronavirus
(COVID-19) pandemic is a force majeure event that continues to create work
interruptions at the Hanford Site, justifying amendment under Section VII.E
(Force Majeure) of the Consent Decree. ECF No. 258 at 2–8.
The Court finds good cause for amendment based upon the Parties’
agreement, as well as Defendants’ showing, that the criteria for amendment of the
Consent Decree have been met. Accordingly, IT IS HEREBY ORDERED that
Defendants’ Unopposed Motion to Enter Consent Decree Milestone Extensions,
ECF No. 258, is GRANTED. The Consent Decree, ECF No. 59, as modified by
the Amended Consent Decree, ECF No. 222, and the amendments at ECF Nos.
232, 242, and 251 is further amended, by stipulation of the Parties, as follows:
STIPULATION
WHEREAS, on October 25, 2010, the Court entered a Consent Decree
between the United States Department of Energy (“DOE”) and the State of
Washington, ECF No. 59;
WHEREAS, after contested proceedings regarding modification of certain
aspects of the Consent Decree, the Court on March 11, 2016, issued an Amended
Consent Decree, ECF No. 222, including amendments to the Decree’s milestones
for tank waste retrievals and construction of the Hanford Waste Treatment and
Immobilization Plant;
WHEREAS, on October 12, 2018, the Court entered an agreed extension of
the B-2 and B-3 tank retrieval milestones, ECF No. 242;
ORDER GRANTING DEFENDANTS’ UNOPPOSED MOTION TO ENTER
CONSENT DECREE MILESTONE EXTENSIONS AND MODIFYING
AMENDED CONSENT DECREE BETWEEN U.S. DEPARTMENT OF
ENERGY AND STATE OF WASHINGTON ~ 2

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WHEREAS, on May 21, 2020, DOE submitted to the State of Washington a
Section VII.E. (Force Majeure) proposal to extend certain milestones due to
ongoing work interruptions caused by the coronavirus (COVID-19) pandemic;
WHEREAS, following good-faith discussions during dispute resolution,
DOE and the State of Washington agreed to a method for calculating an extension
of several milestones to offset work interruptions occurring between March 23,
2020, and the end of Phase 2 of the Hanford Site Remobilization Plan;
WHEREAS, on December 10, 2020, the Court granted a joint motion by
DOE and the State of Washington to amend the Consent Decree by incorporating a
method for calculating schedule extensions necessary to offset force majeurecaused work interruptions at the Hanford Site affecting five milestones;
WHEREAS, Phase 2 of remobilization at the Hanford Site concluded as of
March 13, 2022;
WHEREAS, according to the Court-approved method for calculating
schedule extensions in this circumstance, the remobilization period between March
23, 2020, and March 13, 2022, warrants a 579-day extension to the B-2, B-3, A-7,
A-8, and A-9 milestones; and
WHEREAS, DOE and the State of Washington have agreed that DOE may,
as it deems necessary, seek further milestone extensions pursuant to the Decree’s
force majeure provisions (Section VII.E.) to offset work interruptions at Hanford
caused by the COVID-19 pandemic not addressed by previous relief granted by the
Court;
THEREFORE, IT IS HEREBY STIPULATED AND ORDERED:
The Consent Decree between the U.S. Department of Energy and the State
of Washington, as amended, is modified as follows:
ORDER GRANTING DEFENDANTS’ UNOPPOSED MOTION TO ENTER
CONSENT DECREE MILESTONE EXTENSIONS AND MODIFYING
AMENDED CONSENT DECREE BETWEEN U.S. DEPARTMENT OF
ENERGY AND STATE OF WASHINGTON ~ 3

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I.

Section IV.B.2

Section IV.B.2 of the Consent Decree, ECF No. 59, as amended by ECF
Nos. 222, 232, 242, and 251, is hereby VACATED and SUPERSEDED by the
following text:
In accordance with Appendix B, no later than May 1, 2028, DOE shall
complete retrieval of tank waste from nine (9) additional SSTs selected by DOE.
II.

Section IV.B.4

The first sentence of Section IV.B.4 of the Consent Decree, ECF No. 59, as
amended by ECF Nos. 222, 232, 242, and 251, is hereby VACATED and
SUPERSEDED by the following text, with the remainder of the paragraph to
remain unchanged:
In accordance with Appendix B, no later than January 30, 2023, DOE shall
complete retrieval of five (5) SSTs selected by DOE from the remaining C, A, and
AX-Farm SSTs.
III.

Appendix B

The Table in Appendix B of the Consent Decree, ECF No. 59, as amended
by ECF Nos. 222, 232, 242, and 251, is hereby VACATED and SUPERSEDED
by the following:
1.
Tank Waste Retrievals
Project
Description
Date
B-1
Complete retrieval of tank wastes from the
3/31/2024
following remaining SSTs in WMA-C: C-102,
C-105, and C-111.
B-2
Complete retrieval of tank wastes from the
05/01/2028
following SSTs in Tank Farms A and AX: A101, A-102, A-104, A-105, A-106, AX-101,
AX-102, AX-103, and AX-104. Subject to the
requirements of Section IV-B-3, DOE may
ORDER GRANTING DEFENDANTS’ UNOPPOSED MOTION TO ENTER
CONSENT DECREE MILESTONE EXTENSIONS AND MODIFYING
AMENDED CONSENT DECREE BETWEEN U.S. DEPARTMENT OF
ENERGY AND STATE OF WASHINGTON ~ 4

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B-3

substitute any of the identified 9 SSTs and
advise Ecology accordingly.
Of the 12 SSTs referred to in B-1 and B-2,
complete retrieval of tank wastes in at least 5.

01/30/2023

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IV.

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The Table in Appendix A of the Consent Decree, ECF No. 59, as amended

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by ECF Nos. 222, 232, 242, and 251, is hereby VACATED and SUPERSEDED

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by the following:

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1. WTP Construction and Startup

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Appendix A

The milestones referred to in Section IV above are as follows:
Project
Description
A-1
Achieve Initial Plant Operations for the Waste
Treatment Plan
A-2
HLW Facility Construction Substantially Complete
Interim
A-3
Start HLW Facility Cold Commissioning
Interim
A-4
HLW Facility Hot Commissioning Complete
Interim
A-5
LAB Construction Substantially Complete
Interim
A-6
Complete Methods Validations
Interim
A-7
LAW Facility Construction Substantially Complete
Interim

Date
12/31/2036

A-8
Start LAW Facility Cold Commissioning
Interim

08/01/2024

A-9
LAW Facility Hot Commissioning Complete
Interim

08/01/2025

12/31/2030
06/30/2032
12/31/2033
12/31/2012
(COMPLETED)
06/30/2032
08/02/2022

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ORDER GRANTING DEFENDANTS’ UNOPPOSED MOTION TO ENTER
CONSENT DECREE MILESTONE EXTENSIONS AND MODIFYING
AMENDED CONSENT DECREE BETWEEN U.S. DEPARTMENT OF
ENERGY AND STATE OF WASHINGTON ~ 5

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A-12
Interim
A-13
Interim
A-14
Interim
A-15
Interim
A-16
Interim
A-17
A-18
Interim
A-19
Interim
A-20
Interim
A-21
Interim

Steam Plant Construction Complete
Complete Installation of Pretreatment Feed
Separation Vessels FEP-SEP-OOOO1A/1B
PT Facility Construction Substantially Complete

12/31/2012
(COMPLETED)
12/31/2031
12/31/2031

Start PT Facility Cold Commissioning

12/31/2032

PT Facility Hot Commissioning Complete

12/31/2033

Hot Start of Waste Treatment Plant
Complete Structural Steel Erection Below
Elevation 56’ in PT Facility
Complete Elevation 98’ Concrete Floor Slab
Placements in PT Facility
Complete Construction of Structural Steel to
Elevation 14’ in HLW Facility
Complete Construction of Structural Steel to
Elevation 37’ in HLW Facility

12/31/2033
12/31/2009
(COMPLETED)
12/31/2031
12/31/2010
(COMPLETED)
12/31/2012
(COMPLETED)

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IT IS SO ORDERED. The District Court Clerk is directed to enter this
Stipulation and Order and provide copies to counsel.

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DATED July 18, 2022.

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s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
Senior United States District Judge

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ORDER GRANTING DEFENDANTS’ UNOPPOSED MOTION TO ENTER
CONSENT DECREE MILESTONE EXTENSIONS AND MODIFYING
AMENDED CONSENT DECREE BETWEEN U.S. DEPARTMENT OF
ENERGY AND STATE OF WASHINGTON ~ 6