HENRY GOVERNOR May 2, 2018 The Honorable Secretary Rick Perry U.S. Department of Energy 1000 Independence Avenue, SW Washington, DC 20585 Dear Secretary Perry: I have met with you and Department of Energy (DOE) staff to discuss the mixed oxide solution for repurposing 13 metric tons of weapons-grade plutonium into usable As 1 have stated, the DOE has attempted to stop the MOX program for several years, electing to break federal law 50 U.S.C.A. ?2566. Further, the DOE has ignored a recent federal court order requiring the DOE to continue the MOX program. The DOE has also ignored South Carolina?s concerns, instead opting to pursue diluting the weapons-grade plutonium and permanently storing the waste, deSpite having no timeline, no location for the dilution process, and no licensed facility for storage. Now, the DOE is considering relying on a temporary budget proviso in the Fiscal Year 2018 National Defense Authorization Act to eliminate the current MOX program by (1) certifying a suitable MOX alternative exists and (2) providing a complete life-cycle cost estimate showing the new disposal plan will cost less than half the estimated cost of MOX. This proviso does not override the federal statutory MOX obligations. Moreover, any such DOE certi?cation is meritless as these conditions cannot be met. First, the DOE has no alternative plan, only an idea. The DOE commissioned the National Academies of Science (NAS) to evaluate the ?viabiligg of the U.S. Department of Energy?s conceptual glam: for disposing of surplus plutonium in the Waste Isolation Pilot Plant The NAS experts are still meeting and will not provide a report before December of 2018 regarding the viability of the dilute and dispose plan. Additionally, the Environmental Protection Agency states that it has not reviewed the possible placement of diluted weapons-grade plutonium at the (Attached EPA Letter). dilution proposal is, at best, conceptual. Second, the DOE cannot demonstrate that the dilute and dispose process will be cheaper as it has no proper evaluation of the MOX program's costs. The September 2017 Government STATE House - I l00 Ganvms STREET - Cowmam. SOUTH CAROLINA 2920] - TELEPHONE: 803-734-2l00 Secretary Perry Page 2 May 2, 2018 Accountability Report #17-390 states that the DOE has not completed a life-cycle cost estimate of the MOX program. p. 23-25.) The DOE cannot realistically compare costs of the MOX program and its idea to dilute and dispose of weapon-grade plutonium without an accurate cost estimate of both programs. Accordingly, if DOE moves forward with the certi?cation process, South Carolina will use all legal recourse available to enjoin the DOE and continue the MOX program. History will repeat itself, as South Carolina sued the DOE in 2014 under President Obama?s administration, the ?rst time the DOE tried to unlawfully halt the MOX program. South Carolina is still embroiled in litigation with the DOB. The State sued the DOE in 2016 for its failure to complete the MOX program or remove the weapons-grade plutonium stored in South Carolina. By federal statute, South Carolina should receive $l million per day beginning January I, 2016, for failure. DOE continues to evade its obligations under the law, yet expects South Carolina citizens to trust its promise to one day begin a new process to remove the I3 metric tons of weapons-grade plutonium. The recent attempts to pacify South Carolina by dangling a possible ?recommendation? to manufacture plutonium pits at the Savannah River Site (SRS) solves no current problem. A new project does not dispose of the 13 metric tons of weapons-grade plutonium on site, and a ?recommendation? provides no current jobs. It will take upwards of 10 years to produce plutonium pits, well after the current SRS MOX employees have been terminated. I will utilize all available options to protect South Carolina from becoming a permanent plutonium waste repository. Yours very truly, Agkmz; Henry McMaster HM ~'rkt cc: Attorney General Alan Wilson The Honorable Lindsey Graham The Honorable Tim Scott The Honorable Joe Wilson