Anthony T. Rivera's Petition for Secretarial Review was served on your office July 15, 2015. His case arose under 10 C.F.R. Part 708 due to reprisal for his reporting of dangerous incidents in the High Explosives Application Facility at Livermore. The issue is straightforward. Your Office of Hearings and Appeals conducted no investigation and no hearing.
If there is no particular explanation for the delayed response to the Petition for Secretarial Review, I will be obliged to start preparing to obtain judicial intervention. We will bring the matter to court if your decision is issued without providing a remedy. If no decision is received from your office, we will plan to file the court case January 15, 2016.
Your consideration is appreciated.
ANTHONY P. X. BOTHWELL
Attorney for Anthony T. Rivera
cc. Mr. Kevin Knobloch, Chief of Staff
Mr. Steven Croley, General Counsel
Does this effect the profit margin by LLNS?
This matter does not solely implicate the Contractor LLNS. The NNSA LFO staff of the period in question was also referenced in the NM La Jicarita article this past October. The article said the NNSA LFO was "fused together" administratively with LLNS. This would seem to put in question the LLNS profit evaluation objectivity of the NNSA LFO staff and puts another spin on the posted LLNS "profit margin" question