Court Injunction Blocks Russian Engine Purchase by ULA for US National Security – Win for SpaceX Yields Uncertainty

United Launch Alliance Atlas V rocket – powered by Russian made RD-180 engines – and Super Secret NROL-67 intelligence gathering payload poised for launch at Space Launch Complex 41 at Cape Canaveral Air Force Station, FL, in March 2014. Credit: Ken Kremer – kenkremer.com
Story updated[/caption]

A US Federal Court has now issued a preliminary injunction that blocks the purchase and importation of Russian rocket engines by United Launch Alliance (ULA) for its Atlas V rocket used in National Security launches for the US Air Force after a filing by SpaceX. But what are the implications?

The US Federal Court of Federal Claims order was issued late Wednesday, April 30, by US Judge Susan G. Braden of the US Court of Federal Claims. The court order is in response to a protest filed by SpaceX against ULA and the US Air Force relating to the uncontested $11 Billion “block buy” launch contract purchase in December of 36 rocket cores for US National Security launches and is also related to US sanctions imposed after Russia’s recent actions in Ukraine and seizing and annexing the Crimea.

The temporary injunction marks a big win for SpaceX but immediately throws future National Security spy satellite and NASA science launches into uncertainty and potential disarray as I reported previously – here and here.

As I posted here last Friday, April 25, SpaceX CEO Elon Musk declared his firms intent to file suit against ULA and the Air Force on Monday, April 28 to break the launch monopoly.

Judge Braden’s injunction followed barely two days later.

Musk said the recent ‘block buy’ launch contract was unfair in blocking SpaceX from competing for launches of surveillance satellites, would cost taxpayers billions of extra dollars in coming years and should be recompetited.

“The national security launches should be put up for competition and they should not be awarded on a sole source, uncompeted basis,” Musk said at the April 25 briefing at the National Press Club in Washington, DC.

SpaceX CEO Elon Musk announces lawsuit protesting Air Force launch contracts while speaking at the National Press Club in Washington, DC on April 25, 2014
SpaceX CEO Elon Musk announces lawsuit protesting Air Force launch contracts while speaking at the National Press Club in Washington, DC on April 25, 2014

ULA quickly vowed today that they will respond to resolve the injunction and further stated that “This opportunistic action by SpaceX … ignores the potential implications to our National Security.”

Federal Judge Braden’s order specifically states the following; “The preliminary injunction prohibits the United States Air Force and United Launch Alliance, from making any purchases from or payment of money to NPO Energomash or any entity, whether governmental, corporate or individual, that is subject to the control of Deputy Prime Minister Rogozin.”

“IT IS SO ORDERED,” wrote Braden.

The engines at the heart of the Federal preliminary injunction are the RD-180 liquid fueled engines which power ULA’s Atlas V rocket and are manufactured in Russia by NPO Energomash – which is majority state owned by the Russian Federation and subject to the control of Russian Deputy Prime Minister Rogozin, who is specifically named on the US economic sanctions target list.

In response, Rogozin said that sanctions could “boomerang” against the US space program. He said that perhaps NASA should “deliver their astronauts to the International Space Station using a trampoline.”

Thanks to the utter folly of US politicians in shutting down the Space Shuttle program before a replacement crew vehicle was available and repeatedly slashing NASA’s commercial crew budget, American astronauts are now 100% dependent on the Russian Soyuz capsule for rides to the ISS and back for several more years ahead.

NASA has NO immediate alternatives to Russia’s Soyuz – period.

The rocket engine injunction is just the latest fallout impacting a vast swath of US space programs from National Defense to NASA stemming from the dangerously escalating crisis between Ukraine and the Russian Federation in the worst confrontation with the West since the Cold War era.

In response to the worsening Ukraine crisis, Western nations have instituted waves of increasingly harsh economic sanctions against Russia and several key members of the Russian government.

Judge Braden’s injunction stands until she receives clarification otherwise from US government entities that the engine purchase is not covered by the Federal government santions.

The order remains in effect “unless and until the court receives the opinion of the United States Department of the Treasury, and the United States Department of Commerce and United States Department of State, that any such purchases or payments will not directly or indirectly contravene Executive Order 13,661.”

ULA issued a swift statement today – received by Universe Today – from ULA’s general counsel Kevin G. MacCary, in response to Judge Braden’s preliminary injunction.

“ULA is deeply concerned with this ruling and we will work closely with the Department of Justice to resolve the injunction expeditiously. In the meantime, ULA will continue to demonstrate our commitment to our National Security on the launch pad by assuring the safe delivery of the missions we are honored to support.”

“SpaceX’s attempt to disrupt a national security launch contract so long after the award ignores the potential implications to our National Security and our nation’s ability to put Americans on board the International Space Station.”

The Atlas V rocket, powered by the Russian made RD-180 engines, will also be used as the launch vehicle by two of the three companies vying for the next round of commercial crew contracts aimed at launching US astronauts to the ISS. The contracts will be awarded by NASA later this year.

“This opportunistic action by SpaceX appears to be an attempt to circumvent the requirements imposed on those who seek to meet the challenging launch needs of the nation and to avoid having to follow the rules, regulations and standards expected of a company entrusted to support our nation’s most sensitive missions,” said ULA.

ULA is a joint venture between aerospace giants Boeing and Lockheed Martin, formed in 2006. It has conducted 81 consecutive launches with 100% mission success – including many NASA science and mission probes like Orion EFT-1, Curiosity, MAVEN, TDRS and more.

Judge Braden furthermore made clear that her order did not include prior RD-180 engine purchases.

“The scope of this preliminary injunction does not extend to any purchase orders that have been placed or moneys paid to NPO Energomash prior to the date of this
Order [April 30, 2014].”

ULA has a two year contingency supply of the RD-180’s and blueprints to begin production, if needed.

However in the event of a cutoff by Russia or US court injuncions, it would take ULA at least three to five years to start and certify RD-180 engine production somewhere in the US, a ULA spokesperson told me recently at Cape Canaveral.

This possibly leaves a 1 to 3 year gap with no Atlas V 1st stage engine supply.

SpaceX claims they can fill part of the launch gap. But their Falcon rockets are not yet certified for National Security launches.

“So far we are most of the way through the certification process. And so far there have been zero changes to the rocket. Mostly it’s just been a paperwork exercise.”

“In light of international events, this seems like the wrong time to send hundreds of millions of dollars to the Kremlin,” said Musk during the April 25 press briefing at the National Press Club in Washington, DC.

SpaceX is suing the Air Force for the right to compete for US national security satellites launches using Falcon 9 rockets such as this one which successfully launched the SES-8 communications satellite on Dec. 3, 2013 from Pad 40 at Cape Canaveral, FL. Credit: Ken Kremer/kenkremer.com
SpaceX is suing the Air Force for the right to compete for US national security satellites launches using Falcon 9 rockets such as this one which successfully launched the SES-8 communications satellite on Dec. 3, 2013 from Pad 40 at Cape Canaveral, FL. Credit: Ken Kremer/kenkremer.com

Watch for my continuing articles as the Ukraine crisis escalates and court orders fly – with uncertain and potentially dire consequences for US National Security and NASA.

Stay tuned here for Ken’s continuing SpaceX, Orbital Sciences, commercial space, Orion, Chang’e-3, LADEE, Mars rover, MAVEN, MOM and more planetary and human spaceflight news.

Ken Kremer

Curiosity rover launches to Mars atop Atlas V rocket on Nov. 26, 2011 from Cape Canaveral, Florida.  Credit: Ken Kremer
NASA’s Curiosity rover launches to Mars atop Atlas V rocket on Nov. 26, 2011 from Cape Canaveral, Florida. Atlas V 1st stage is powered by Russian made RD-180 engines.
Credit: Ken Kremer – kenkremer.com

ISS, NASA and US National Security dependent on Russian & Ukrainian Rocketry Amidst Crimean Crisis

The International Space Station (ISS) in low Earth orbit
The sole way for every American and station partner astronaut to fly to space and the ISS is aboard the Russian Soyuz manned capsule since the retirement of NASA’s Space Shuttles in 2011. There are currently NO alternatives to Russia’s Soyuz. Credit: NASA[/caption]

Virtually every aspect of the manned and unmanned US space program – including NASA, other government agencies, private aerospace company’s and crucially important US national security payloads – are highly dependent on Russian & Ukrainian rocketry and are therefore potentially at risk amidst the current Crimea crisis as tensions flared up dangerously in recent days between Ukraine and Russia with global repercussions.

The International Space Station (ISS), astronaut rides to space and back, the Atlas V and Antares rockets and even critical U.S. spy satellites providing vital, real time intelligence gathering are among the examples of programs that may be in peril if events deteriorate or worse yet, spin out of control.

The Crimean confrontation and all the threats and counter threats of armed conflicts and economic sanctions shines a spotlight on US vulnerabilities regarding space exploration, private industry and US national security programs, missions, satellites and rockets.

The consequences of escalating tensions could be catastrophic for all sides.

Many Americans are likely unaware of the extent to which the US, Russian and Ukrainian space programs, assets and booster rockets are inextricably intertwined and interdependent.

First, let’s look at America’s dependency on Russia regarding the ISS.

The massive orbiting lab complex is a partnership of 15 nations and five space agencies worldwide – including Russia’s Roscosmos and the US NASA. The station is currently occupied by a six person crew of three Russians, two Americans and one Japanese.

Since the forced retirement of NASA’s space shuttle program in 2011, America completely lost its own human spaceflight capability. So now the only ticket for astronauts to space and back is by way of the Russian Soyuz capsule.

Expedition 38 crew members proudly sport their national flags in this March 2014 picture from the International Space Station. Pictured (clockwise from top center) are Russian cosmonaut Oleg Kotov, commander; Japan Aerospace Exploration Agency astronaut Koichi Wakata, Russian cosmonaut Sergey Ryazanskiy, NASA astronauts Rick Mastracchio and Mike Hopkins, and Russian cosmonaut Mikhail Tyurin, all flight engineers. Credit: NASA
Expedition 38 crew members proudly sport their national flags in this March 2014 picture from the International Space Station. Pictured (clockwise from top center) are Russian cosmonaut Oleg Kotov, commander; Japan Aerospace Exploration Agency astronaut Koichi Wakata, Russian cosmonaut Sergey Ryazanskiy, NASA astronauts Rick Mastracchio and Mike Hopkins, and Russian cosmonaut Mikhail Tyurin, all flight engineers. Credit: NASA

American and station partner astronauts are 100% dependent on Russia’s three seat Soyuz capsule and rocket for rides to the ISS.

Russia has a monopoly on reaching the station because the shuttle was shut down by political ‘leaders’ in Washington, DC before a new U.S. manned space system was brought online.

And congressional budget cutters have repeatedly slashed NASA’s budget, thereby increasing the gap in US manned spaceflight launches from American soil by several years already.

Congress was repeatedly warned of the consequences by NASA and responded with further reductions to NASA’s budget.

In a continuation of the normal crew rotation routines, three current crew members are set to depart the ISS in a Soyuz and descend to Earth on Monday, March 10.

Coincidentally, one of those Russian crew members, Oleg Kotov, was actually born in Crimea when it was part of the former Soviet Union.

A new three man crew of two Russians and one American is set to blast off in their Soyuz capsule from Russia’s launch pad in Kazakhstan on March 25.

The U.S. pays Russia $70 million per Soyuz seat under the most recent contact, while American aerospace workers are unemployed.

The fastest and most cost effective path to restore America’s human spaceflight capability to low Earth orbit and the ISS is through NASA’s Commercial Crew Program (CCP) seeking to develop private ‘space taxis’ with Boeing, SpaceX and Sierra Nevada.

Alas, Congress has sliced NASA’s CCP funding request by about 50% each year and the 1st commercial crew flight to orbit has consequently been postponed by more than three years.

So it won’t be until 2017 at the earliest that NASA can end its total dependence on Russia’s Soyuz.

A sensible policy to eliminate US dependence on Russia would be to accelerate CCP, not cut it to the bone, especially in view of the Crimean crisis which remains unresolved as of this writing.

If U.S. access to Soyuz seats were to be cut off, the implications would be dire and it could mean the end of the ISS.

When NASA Administrator Chales Bolden was asked about contingencies at a briefing yesterday, March 4, he responded that everything is OK for now.

“Right now, everything is normal in our relationship with the Russians,” said Bolden.

“Missions up and down are on target.”

“People lose track of the fact that we have occupied the International Space Station now for 13 consecutive years uninterrupted, and that has been through multiple international crises.”

“I don’t think it’s an insignificant fact that we are starting to see a number of people with the idea that the International Space Station be nominated for the Nobel Peace Prize.”

But he urged Congress to fully fund CCP and avoid still more delays.

“Let me be clear about one thing,” Bolden said.

“The choice here is between fully funding the request to bring space launches back to the US or continuing millions in subsidies to the Russians. It’s that simple. The Obama administration chooses investing in America, and we believe Congress will choose this course as well.”

NASA Administrator Charles Bolden discusses NASA’s human spaceflight initiatives backdropped by the service module for the Orion crew capsule being assembled at the Kennedy Space Center.  Credit: Ken Kremer/kenkremer.com
NASA Administrator Charles Bolden discusses NASA’s human spaceflight initiatives backdropped by the service module for the Orion crew capsule being assembled at the Kennedy Space Center. Credit: Ken Kremer/kenkremer.com

Now let’s examine a few American rockets which include substantial Russian and Ukrainian components – without which they cannot lift one nanometer off the ground.

The Atlas V rocket developed by United Launch Alliance is the current workhorse of the US expendable rocket fleet.

Coincidentally the next Atlas V due to blastoff on March 25 will carry a top secret spy satellite for the U.S. National Reconnaissance Office (NRO).

The Atlas V first stage however is powered by the Russian built and supplied RD-180 rocket engine.

Several Air Force – DOD satellites are launched on the Atlas V every year.

Many NASA probes also used the Atlas V including Curiosity, MAVEN, Juno and TDRS to name just a few.

NASA’s Mars bound MAVEN spacecraft launches atop Atlas V booster at 1:28 p.m. EST from Space Launch Complex 41 at Cape Canaveral Air Force Station on Nov. 18, 2013. Image taken from the roof of the Vehicle Assembly Building (VAB) at NASA’s Kennedy Space Center.  Credit: Ken Kremer/kenkremer.com
NASA’s Mars bound MAVEN spacecraft launches atop Atlas V booster at 1:28 p.m. EST from Space Launch Complex 41 at Cape Canaveral Air Force Station on Nov. 18, 2013. Image taken from the roof of the Vehicle Assembly Building (VAB) at NASA’s Kennedy Space Center. Credit: Ken Kremer/kenkremer.com

What will happen to shipments of the dual nozzle, dual chamber RD-180’s manufactured by Russia’s NPO Energomesh in the event of economic sanctions or worse? It’s anyone’s guess.

ULA also manufactures the Delta IV expendable rocket which is virtually all American made and has successfully launched numerous US national security payloads.

The Antares rocket and Cygnus resupply freighter developed by Orbital Sciences are essential to NASA’s plans to restore US cargo delivery runs to the ISS – another US capability lost by voluntarily stopping shuttle flights. .

Orbital Sciences and SpaceX are both under contract with NASA to deliver 20,000 kg of supplies to the station. And they both have now successfully docked their cargo vehicles – Cygnus and Dragon – to the ISS.

The first stage of Antares is built in Ukraine by the Yuzhnoye Design Bureau and Yuzhmash.

And the Ukrainian booster factory is located in the predominantly Russian speaking eastern region – making for an even more complicated situation.

Antares rocket raised at NASA Wallops launch pad 0A bound for the ISS on Sept 18, 2013. Credit: Ken Kremer (kenkremer.com)
Antares rocket raised at NASA Wallops launch pad 0A bound for the ISS on Sept 18, 2013. Credit: Ken Kremer (kenkremer.com)

By contrast, the SpaceX Falcon 9 rocket and Dragon cargo vessel is virtually entirely American built and not subject to economic embargoes.

At a US Congressional hearing held today (March 5) dealing with national security issues, SpaceX CEO Elon Musk underscored the crucial differences in availability between the Falcon 9 and Atlas V in this excerpt from his testimony:

“In light of Russia’s de facto annexation of the Ukraine’s Crimea region and the formal severing of military ties, the Atlas V cannot possibly be described as providing “assured access to space” for our nation when supply of the main engine depends on President Putin’s permission, said Space X CEO and founder Elon Musk, at the US Senate appropriations subcommittee hearing on Defense.

Next Generation SpaceX Falcon 9 rocket blasts off with SES-8 communications satellite on Dec. 3, 2013 from Pad 40 at Cape Canaveral, FL. Credit: Ken Kremer/kenkremer.com
Next Generation SpaceX Falcon 9 rocket blasts off with SES-8 communications satellite on Dec. 3, 2013 from Pad 40 at Cape Canaveral, FL. Credit: Ken Kremer/kenkremer.com

So, continuing operations of the ISS and US National Security are potentially held hostage to the whims of Russian President Vladimir Putin.

Russia has threatened to retaliate with sanctions against the West, if the West institutes sanctions against Russia.

The Crimean crisis is without a doubt the most dangerous East-West conflict since the end of the Cold War.

Right now no one knows the future outcome of the crisis in Crimea. Diplomats are talking but some limited military assets on both sides are reportedly on the move today.

map_of_ukraine

Stay tuned here for Ken’s continuing Orbital Sciences, SpaceX, Orion, commercial space, Chang’e-3, LADEE, Mars and more planetary and human spaceflight news.

Ken Kremer

Atlantis thunders to life at Launch Pad 39 A at KSC on July 8.   Credit: Ken Kremer
Final Space Shuttle liftoff marks start of US dependency on Russia for human access to space.
Space Shuttle Atlantis thunders to life at Launch Pad 39 A at KSC on July 8, 2011. Credit: Ken Kremer