Rockwell Sues U.S. on A-Plant Waste Disposal

WASHINGTON — Rockwell International Corp. filed a lawsuit Thursday seeking a federal court guarantee that criminal charges will not be filed against its “continuing operations” at the government’s Rocky Flats nuclear weapons plant near Golden, Colo.

Rockwell, which manages production of plutonium triggers used to detonate nuclear weapons, complained in its suit that it is required by a contract with the Energy Department to engage in toxic waste disposal operations deemed illegal by the Environmental Protection Agency and the Justice Department. The suit lists the three agencies and the federal government in general as defendants.

Federal agents raided the plant last June as part of an investigation in which the FBI accused Rockwell and the Energy Department of illegally dumping and burning hazardous waste and then lying to cover up the environmental violations.

Recently, the El Segundo, Calif.-based company signed a compliance agreement with the government aimed at remedying some of the problems.

Donald R. Beall, chairman and chief executive officer of Rockwell, said federal officials had sought to assure that criminal charges would not be filed “with respect to our continuing operations” under the compliance agreement.

“Unfortunately,” Beall said in a statement, “those assurances are insufficient, considering the investigations already under way. We have filed suit very reluctantly, but we simply cannot expose our employees and the company to the risk of criminal charges arising out of good-faith actions under the contract and at DOE’s direction.”

A company spokesman said that the suit sought protection only with regard to present operations, not past practices that are being investigated.

Rockwell threatened to shut down the plant last Friday as the dispute worsened. Rep. David E. Skaggs (D-Colo.) said in an interview that the suit appeared to be aimed at prompting government officials to give an ironclad promise that they would not prosecute.

But Skaggs said that he was assured Thursday by Deputy Secretary of Energy John Tuck that officials were firmly opposed to granting any such guarantee.

“The Justice and Energy departments are concerned that any kind of blanket immunity could well invite some backsliding” by Rockwell in its waste disposal operations, Skaggs said.

In a brief statement, Energy Secretary James D. Watkins said the department “regrets that Rockwell found it necessary to institute the court action today. My lawyers are looking into it.”

Rockwell alleged in the suit that it cannot discontinue all the activities challenged by the Energy Department and the EPA “because some of them are inherent in the design and required operational procedures” of the highly classified plant.