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Original Message -----
From: Philip
Pulver
To: Andrewt@dnfsb.gov
Cc: catherinef@dnfsb.gov ; Rick Schapira
Sent: Thursday, November 03, 2011 8:55 PM
Subject: Public Comments to DNFSB re: DOE
Response
CCOL Inc.
2415 South Garfield Street
Kennewick, Washington 99337
NationalLabSafetyRisk.com [Evidence Site]
November 3,
2011
Defense Nuclear Facilities Safety Board [DNFSB]
625 Indiana Ave NW Suite 700
Washington, DC 20004
Dear Andrew L. Thibadeau,
Subject: DOE 9/19/11 Response to DNFSB
8/12/11 Letter [Re: Recom 2011-1] Lacking Credibility Due to its Ongoing 8-Year
Cover-up of Contractor Battelle Misconduct via DOE Retaliation & Witness Tampering [Perjury to Suppress Evidence]
by Office of Science [HQ, Pacific Northwest & Oak Ridge], Office of General Counsel & Office of
Inspector General [IG].
Energy Dept. 9/19/11
response to DNFSB 8/12/11
Letter [Re: DOE 6/30/11
response to DNFSB Recommendation 2011-1 regarding WTP
safety, security, witness
tampering, tech. information suppression, retaliation, confidentiality and
Tamosaitis-v-Bechtel issues] lacks credibility
because DOE [with Inspector
General’s consent] continues churning taxpayers by funding
litigation fraud/perjury, retaliation,
security breach,
and other violations to cover up Battelle’s criminal misconduct [False Claims (31
USC §3729), False Statements
(18
USC §1001), Perjury (18
USC §1621), False Declarations (18
USC §1623), and Security Breach (10
CFR §710 - Accessing Classified Mat.)].
For the benefit of DNFSB, taxpayers and those reporting
misconduct and to illustrate current health/safety/security risks at
DOE sites,
this ongoing cover-up of
contractor misconduct by DOE senior officials [Chu, Poneman, Podonsky, Koonin
and Friedman (IG)] necessitates
a
factual public comment consisting of the following sections presented below
with attachments and links to evidence of misconduct:
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1. DOE’s safety assertions in its 9/19/11
letter to DNFSB
are
discredited by its ongoing 8-year cover-up of contractor
misconduct [condoned by IG]. DOE is funding abusive personal-injury
defense lawyer tactics [condemned by courts]
and suborning perjury [falsifying research & ventures] to suppress technical information
from the federal courts, e.g.,
evidence of research fraud, false
claims, security breach and other violations by Battelle [Operating
6 DOE national labs].
2. For 5 years, HSS [Podonsky…] disregarded contractor
security/safety violations. Such conduct further discredits DOE assertions of safety [e.g., “given our steadfast
commitment to safety…That is why we have asked HSS to conduct
follow-on safety culture review at WTP as part of its broader
extent-of-condition review across the DOE complex.”] All of Pulver emails to HSS were ignored as shown by DOE continuing to suborn perjury by PNNL scientist doing classified work.
3. Comments on Specific “Safety Culture” Assertions Refuted by DOE Cover-Up of Contractor Misconduct
& IG Retaliation
4. Aug. 2011: Chu rewards the ongoing 8-year
fraud by extending the 48-year-uncompeted PNNL contract to Battelle,
thereby preempting GAO investigations and protests by 3+ bidders previously identified by DOE. Such complicity
to conceal criminal misconduct,
security breaches, and taxpayer-funded perjury [to suppress technical information]
negates DOE assertions that it’s
strengthening “efforts
to promote a strong safety culture…across the DOE complex.”
5. Aug. 2011: Friedman rebuffs Pulver FOIA evidence sent to DNFSB implicating IG Office of Investigations in
complicity
in contractor perjury, leaking DOJ documents, cover-up & retaliation, thus refuting Chu
assertion of strong safety culture.
6. Closing Points Re: DOE Discredited/Disingenuous
Safety-Related Assertions/Responses to DNFSB 8/12 Letter
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1. DOE’s safety assertions in its 9/19/11 letter to
DNFSB are discredited by ongoing 8-year cover-up of contractor
misconduct [condoned
by IG]. DOE is funding abusive
personal-injury defense lawyer tactics [condemned by courts] and suborning
perjury [falsifying research & ventures] to suppress technical info. from federal courts, e.g.,
evidence of research fraud,
false claims, security breach & other violations by Battelle [Running
6 labs]. Some relevant details:
1a. Prior Misconduct to Conceal – Then,
DOE-funded counsel
Miller’s firm was fined/sanctioned [record $325K] by WA Supreme
Court for discovery abuse, i.e., concealing smoking-gun evidence of
dangerous toxicity of a drug that permanently brain damaged
a 3-year old. His firm was later fined by a federal judge
for withholding
NHTSA
personal-injury data for a
Subaru seatback design.
Now, Battelle’s
own evidence shows that DOE is funding (i) This attorney to repeat such abuses and
(ii) Battelle to
suborn perjury
[falsify research & hide ventures] to suppress evidence [technical info. & software] that implicates
it in again violating
the False Claims Act [defrauding/skimming small
business assistance research] and falsifying inventions to
patent office. [Attach.
5 details abuses & cites news
articles.]
1b. DOE 8-Year Suppression – By authorizing such abusive/fraudulent concealment
tactics, DOE has confirmed its practice of
misappropriating taxpayers by funding litigation fraud/perjury against
individuals or small businesses suing contractors due to fraud, negligence,
or other misconduct. Notably, the GAO reports [04-148R] that most lawsuits against DOE contractors pertain to
“radiation
and/or
toxic exposure, personal injury and wrongful discharge.”
Thus, DOE's
cover-up [~$1M] of Battelle misconduct via litigation fraud [Authorized by Friedman, Chu, Poneman…] has dangerous implications for those suing for injury,
HAZMAT/radiation exposure, wrongful
termination or other tortuous/negligent contractor
misconduct at Hanford or any site in the DOE complex. [Details at evidence site]
2. For 5 years, HSS [Podonsky…] disregarded contractor security/safety violations. Such
conduct further discredits DOE assertions
of safety [“given our steadfast commitment to safety…That is why we have asked HSS to conduct
follow-on safety culture review at WTP as part of its broader extent-of-condition
review across the DOE complex.”] All Pulver emails to HSS were ignored as shown by DOE
continuing to suborn perjury by scientist doing classified work. Key
examples:
2a. 2010 Security Violations –
Chu & Podonsky ignored Pulver’s 1/13/10
email regarding (i) 2009 Christmas Day bombing and (ii)
Security breach, i.e., Battelle granting access to counter-terrorism and other classified research by PNNL scientist implicated in criminal
violations [e.g., perjury, false claims (pocketing
DOE-funded research from small business) and falsifying inventions to
patent office]. Excerpts are as follows:
“Many compelling
reasons necessitate that DOE
address the issues detailed in emails below and hold Battelle accountable
for
criminal misconduct [False
Claims (31
USC §3729), False Statements...Perjury (18
USC §1621) & violating 10
CFR §710 (Accessing Classified Mat.)].”
“The 12/25/09 terrorist
attack underscores that Science is putting national security at risk by
covering up Battelle’s misconduct by
funding and suborning
perjury of top-secret Q-clearance holder Kevin Dorow who’s involved
with DHS air cargo
explosives and other classified work; in an 8/27/08 email [below], Science refused
to take any action on this security breach, thus violating 10
CFR§710.
Its complicity
to ‘protect’ its largest contractor is far worse than the
systemic failure situations of DHS [Detroit(12/25/09) & SEC[Madoff]”.
“DOE’s refusal to
revoke/suspend Dorow’s clearance emboldens Battelle nationally to
suborn perjury [or possibly espionage] by
top-secret clearance
holders when ‘needed’ to protect/promote its corporate
interests (domestic/foreign).”
2b. 2009
Safety/Security Concerns to HSS –
Excerpts of Pulver’s 11/23/09
email,
ignored by HSS and Science are as follows:
“Congress has been concerned/outraged that DOE reimburses litigation costs for wrongdoing contractors. [GAO
Report d04148r]
In this case, DOE Office of Science has gone a giant step further by funding Battelle
and attorney Miller to willfully misrepresent
research [RPMP], hide commercial investments and invoke litigation
fraud/perjury to conceal smoking-gun evidence. [See Doc.
5 citing
Miller’s prior firm sanctioned for…withholding
toxicity data on a drug causing
brain damage to a 3-year old.] With this ongoing cover-up,
DOE set a precedent that jeopardizes
others who may later file lawsuits for injury, illness, cancer, toxic or
radiation exposure, hostile work environment, wrongful termination [whistleblower]…due to
Battelle’s conduct at Office of Science labs.”
“Sources show distinct parallels
between DOE/Battelle
and SEC/Madoff. However, DOE conduct is more
egregious because it is…
Funding-directing Battelle’s
litigation fraud to obstruct justice [conceal evidence]…churning
taxpayers…Unlike Madoff, Battelle’s
violations threaten
national security, research & patenting integrity, economic development,
entrepreneurs, whistleblowers, and
other issues relevant to safely
running a national lab.” [See details including oversight
concerns/outrage by Congress (hearings).]
2c. 2008
Health/Safety Warnings to HSS –
HSS
[Podonsky et
al.] ignored
this 9/29/08
email which stated in relevant
part:
“Staff health/safety/security at Office of
Science labs is at greater risk going forward. DOE’s authorizing
Battelle to violate
48
CFR 970.5228-1 [Litigation in
“good faith”] via “personal-injury defense” tactics to
withhold smoking-gun evidence is relevant to staff
at DOE labs which entail HAZMAT, radiation,
machinery, high-temperature apparatus, and other work hazards. These abusive fraudulent
litigation tactics put at risk staff that may later file lawsuits for
wrongful injury, illness, cancer, death, termination or other causes
of action due to Battelle’s negligent or tortuous conduct…Your decision eliminates/mitigates
Battelle’s legal and financial risk of violating staff
health/safety/security procedures…incents them to relax procedures
to increase profit [See Westbrook--Battelle-ORNL case in 8/24
email (radiation dose
alarm levels)]…employees at the five national labs run
by Battelle could be adversely effected.”
In sum, as shown by Battelle/DOE
ongoing perjury [research falsification] since, HSS ignored these and all
evidence-based emails.
This many-year disregard
of security/safety concerns discredits the HSS “extent-of-condition review across the DOE
complex”. For
8 years, DOE put Battelle corp. interests ahead of safety; Tamosaitis case
and DNFSB interviews show DOE’s now doing this for Bechtel.
3. Comments on DOE
Assertions of “Safety Culture” [Negated by Cover-Up of Contractor
Misconduct and IG Retaliation]
3a. Excerpt: “…Safety
Culture at
the Waste Treatment and Immobilization Plant (WTP). As you know, because
this issue is of
such great
importance
to the Department of Energy, I have designated Deputy
Secretary Poneman as the Responsible Manager
for this Recommendation,
and he has already begun our efforts to address the issues our staffs have
discussed.”
Comment: The record shows Poneman & Chu permit contractor safety/security breaches; they
ignored my detailed 4/28/10
email
showing the
Inspector General authorized practices with adverse health and safety
consequences as shown by this excerpt:
“Doesn’t Friedman
[IG] realize he’s jeopardizing health/safety at DOE labs by waiving oversight of litigation
fraud and allowing Science
to retain injury defense lawyers with records of
concealing evidence [e.g.,
radiation dosage, HAZMAT, equipment safety
maintenance records, surveillance logs] or witness
tampering if Battelle is sued for exposure, injury or wrongful death
due to negligent or other misconduct?
[Now knowing that…Battelle may relax
health/safety procedures to increase lab profits.]”
2011 DOE cost data confirms
Poneman [et. al.] continues
funding litigation fraud/perjury [witness tampering] and security breach.
His complicity-in-concealing refutes Chu’s argument that Poneman’s lead role shows
that safety is of “great importance” to DOE.
3b. Excerpt: “In
developing our Implementation Plan on Recommendation 2011-1, DOE therefore will continue
to work to establish a strong safety culture” and “are enthusiastic
about our work toward the shared goal of safety excellence throughout the DOE complex.”
Comment:
Logically, DOE
can’t work to establish a strong safety culture while it continues
covering up contractor fraud and security breaches cited above, i.e.,
funding injury defense lawyer tactics to
falsify technical information and suppress evidence of fraud by Battelle. [See also Attach.
5 (DOE Repeating Tactics Used to Suppress
Technical Safety-Related Docs)]. DOE’s
ongoing cover-up to hide evidence of contractor misconduct renders absurd
statements that DOE is enthusiastically establishing a
“strong safety culture”.
4. Aug. 2011: Chu rewards the ongoing 8-year fraud by
extending the 48-year-uncompeted
PNNL contract to Battelle,
thereby preempting GAO investigations and protests by 3+
bidders previously identified by DOE. Such complicity
to conceal criminal misconduct, security breaches, and taxpayer-funded
perjury [to suppress technical information]
negates DOE assertions that it’s strengthening “efforts
to promote a strong safety culture…across DOE complex.”
Despite receiving
prima facie evidence implicating Battelle-PNNL in criminal misconduct & security breach that would
disqualify all
other bidders, Chu extends [Att. 2] this national lab contract, un-competed since 1964 [longest in nation - All others
re-bid since 2000.].
By handing the contract to
Battelle, he denied the opportunity to others
expressing interest to bid PNNL [Att. 3] and instead continues
the cover-up after warned [in 2009
email] of consequences of competing PNNL while
funding & concealing Battelle’s
misconduct:
“Battelle’s
ongoing DOE-funded litigation fraud will
trigger bid protests, lawsuits, media/watchdog scrutiny & GAO investigations when
Battelle
is awarded PNNL…Losing bidders, after spending millions
competing in good faith, will conclude that Battelle keeping the lab
was
a pre-determined result because DOE site offices funded a cover-up of the following misconduct
that would disqualify any other
bidder:
Misrepresenting PNNL’s largest project [RPMP] to conceal fraud; withholding technical assistance
research from small business;
false
declarations & perjury by Q-clearance holder accessing classified
work [e.g., DHS air cargo explosives
detection];
patent fraud;
obstruction
of justice; and, other violations contrary to managing a national lab.”
[See other
Pulver-DOE emails at the evidence site.]
Washington Post ["Stimulus
dollars going to accused contractors" ] has similar concerns about Chu, citing Battelle as prime
example.
5. Aug. 2011: Friedman rebuffs Pulver FOIA evidence sent to DNFSB implicating IG Investigations Office in complicity
in contractor perjury, leaking DOJ documents, cover-up/retaliation → refuting Chu assertion of strong safety culture.
▪ Greg Friedman, in response to
Pulver’s 8/7/11
email
[Re: comments to
DNFSB], refused to
investigate any of his substantiated
allegations, e.g., suppressing & falsifying technical information,
admitted patent fraud, witness tampering (perjury), forcing taxpayers
to fund abusive injury defense
lawyer tactics, violating national security, breaching confidentially of
complainants, and DOE
retaliation.
▪ DOE
documents implicate an IG
Office of
Investigations armed field agent in leaking confidential case material that
Pulver sent to
a US Attorney regarding legal
matters and evidence of contractor fraud. The agent not only divulged that material to
Battelle's legal
advisors but also provided them
legal advice;
3 weeks later,
Battelle’s perjury began and continues with Friedman’s consent.
Such
collusion shows the current IG retaliates against complainants and protects
contractor interests at expense of oversight, confidentiality,
taxpayers, health/safety/security, research integrity, etc. [Friedman’s 8-year complicity detailed at InspectorGeneralMisconduct.info (Att. 1)]
▪ Friedman exposes his complicity
in concealing misconduct by his abject refusal to investigate credible
allegations that his agent
colluded with an accused
contractor and General Counsel against a complainant reporting fraud per DOE
Order 221.1.
[A proper IG would
diligently address such concerns to preserve trust in his office by
whistleblowers, taxpayers, Congress and the President.] His refusal
(a) Confirms DOE will continue funding litigation
fraud/perjury, retaliation or other tactics to hide contractor abuse
exposed by Pulver,
Tamosaitis, Westbrook, Laul et al. and (b) Negates/contradicts DOE claims of strengthening efforts to “promote strong safety
culture”.
▪ Because the IG himself authorizes DOE contractors, at taxpayer
expense, to conceal evidence, perjure and make false statements
to gov.
officials, it follows that DOE will
suppress/misrepresent safety-related information to DNFSB in order to protect its
contractors.
In sum, Friedman’s misusing
IG office has these & other implications for Tamosaitis
or others exposing contractor misconduct :
•
DOE contractor staff
are directed to obstruct justice [e.g., perjured testimony to conceal evidence from courts or
law enforcement.]
[This
includes suborning perjury by national lab top-secret Q clearance holders
accessing classified material from any US government
agency
(DHS, DOD, DOE,
State, White House…), thus violating 10
CFR §710
and jeopardizing
national security at any of these agencies.]
•
Complainant/plaintiff’s
confidential case documents [sent to DOJ et al.] will be leaked back to the accused contractor’s legal
team.
•
Taxpayers and
complainants/plaintiffs will be financially drained/churned by DOE-funded protracted litigation [e.g., appeals]
via
Friedman-condoned perjury,
suppression and retaliation against those reporting contractor safety
violations or other misconduct.
6. Closing Points Re: DOE Discredited/Disingenuous Safety-Related
Assertions/Responses to DNFSB 8/12 Letter
▪ DOE’s assertions of promoting and
improving a strong safety culture is soundly discredited by Sec. Chu,
Poneman, Friedman
and Koonin who continue as
accessories to Battelle’s taxpayer-funded perjury, material
suppressions, national security breach,
research misconduct and false
claims, all done to conceal contractor fraud against a small business,
courts, patent office, et al.
▪ DOE’s suborning perjury to protect Battelle’s interests demonstrates it
will similarly suppress technical safety information and
engage in witness tampering to
protect Bechtel’s interests, e.g., keeping WTP performance bonus. DOE's nearly-decade-old
cover-up of misconduct by
Battelle emboldens Bechtel to repeat such taxpayer-funded litigation
fraud/abuse against Tamosaitis.
▪ Instead of holding tax-exempt
billion-dollar contractor Battelle accountable for misconduct proven by PNNL & DOE evidence,
Sec. Chu and senior staff, with
consent of the IG, are churning taxpayers [~$1M] in protracted litigation [via perjury by Q-clearance
holder] in an attempt to financially bury
and retaliate against a small business who reported fraud per DOE
Order 221.1
in 2003.
▪
While Friedman is
IG, DOE statements to
DNFSB re: contractor health/safety can’t be
trusted and must be independently verified.
Acting on Solyndra, he yet ‘protects’
Battelle that also received $500M
Stimulus (Att.
4) but costs taxpayers over $5B yearly and has prior
fraud finding
(by DOJ).
▪ Chu/Poneman/Friedman & General Counsel misconduct
confirms there’s no independent oversight of contractors in $30B DOE.
Mr.
Thibadeau, if you or other members of the DNFSB have questions or need more information, please contact me.
Thank you.
Sincerely,
Philip C. Pulver, Owner
[NationalLabSafetyRisk.com OfficeOfScienceFraud.com PNNLfraud.com NationalLabSecurityThreat.com
PatentFraud.org]
Attachments [Click to Download]
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