I’ve received comments from knowledgeable people that questioned some of the things I wrote in my book titled “An Insider’s View of Rocky Flats, Urban Myths Debunked.” It has been interesting to do additional research in an attempt to better understand the issues questioned. I mentioned in the book I do not consider myself to be a Rocky Flats expert; the plant was far too large and complex for anyone to claim to be an expert. The comments verify that observation.

For those unfamiliar with the story, the government raided the plant in June of 1989 with dozens of federal agents after delivering a search warrant alleging sensational environmental crimes. I was the Manager of Environmental Management, and was frightened because I thought something really terrible must have been happening to justify such a large and highly publicized raid. It wasn’t long before I realized the agents knew very little about Rocky Flats, and they didn’t seem to be on the trail of anything specific. I would later verify they quickly learned they had been duped by tips from uninformed people who disagreed with the mission of the plant. The investigators also had misinterpreted physical evidence that they believed proved some of the allegations. The eventual guilty plea by Rockwell International, the operator of the plant at the time of the raid, was based on trumped-up charges that had nothing to do with the search warrant. The government insistence on a plea bargain was driven, in my opinion, by officials unwilling to admit they had made an embarrassing mistake.

Comments from a former Rocky Flats contractor who is familiar with how corporations balance legal and business risks and a person who was a senior DOE manager both disagree with what I wrote answering why Rockwell agreed to plead guilty. I speculated they agreed to the plea bargain and to pay an 18.5 million dollar fine to save the reputations of Rockwell managers being threatened with indictment. Both of the commenters say it was a business decision. Rockwell had already accumulated significant legal costs, and those costs were continuing to increase by about a million dollars a month. Trials that could have lasted two or three years would not have been good for the corporate reputation regardless of outcome, and the media circus that would have been created would have been a distraction from other business matters.

There is disagreement on one issue. One person thought the government decided to force a plea bargain on Rockwell after they “went nuts” when there were indications the Grand Jury was considering indicting one or more Department of Energy Officials along with several Rockwell people. The DOE official says that isn’t true, because the threat of indictments from the Grand Jury came a year or two after the plea bargain, and that the government “…did not care about the indictment of federal employees.” That person believes the government’s motivation to settle was that they did not want trials “…to disclose the trumped up nature of their search warrant.”   I’m inclined to believe the opinion offered by the DOE official.

Changing subjects to one of the “crimes” included in the guilty plea, the DOE official disagreed with what I wrote regarding Rockwell agreeing to pay $2,000,000 in fines for failure to file a permit application for a waste storage area. Rockwell wrote in the report they provided to the court about the guilty plea that they had delivered the permit application to the DOE office, and had “…no knowledge of what happened thereafter until the application was filed by DOE, apparently six months later.” (United States District Court (Defendants) March 26, 1992, pages 54-55) The DOE official wrote the application submittal was delayed because what Rockwell gave to DOE was “woefully inadequate.” I’ve had several back and forth messages with several people to try to sort this out, and I now believe the commenter was referring to a different permit application that the one that resulted in the fine. What I’ve learned from this is confirmation that the permit application process was complicated and filled with opportunities for disagreement between Rockwell, DOE, and the federal agencies that would make it difficult to prepare a permit application and submit it on schedule.

What I haven’t found is why Rockwell was forced to pay a two million dollar fine for failure to submit the application when, according to the statement submitted by Rockwell to the court, it was DOE that failed to submit the application. The DOE official wrote that both Rockwell and DOE were responsible for filling the application. However, that wouldn’t explain why only Rockwell was held accountable for failure to meet the application submital schedule. I concede I don’t know whether the application was submitted late because what Rockwell provided was inadequate. Who did what or who was most at blame might continue to be in dispute, but it is a fact that this was a paperwork problem and not an environmental problem. No one has yet questioned my continued belief that the plea bargain was too absurd to stand up to any kind of scrutiny. John F. Seymour wrote in an article titled “U.S. v. Rockwell:  GOCO Assessed Criminal Fines for Violations at Rocky Flats,” in the summer 1992 Federal Facilities Environmental Journal, that “…the plea bargain involves relatively mundane and commonplace…violations.” The DOE official said it well, “One of the crazy aspects of our legal system these days is the assignment of felonies to what should be civil matters.”  I think a final comment from that person is a good closing. “I have told people that RFP (Rocky Flats Plant) was never as good or as bad as it was alleged.”