Investigation: NRC leader hid information in Yucca case

WASHINGTON -- Gregory Jaczko, the nation's top nuclear regulator, is back in the center of controversy following an internal investigation that concluded he was not forthright with colleagues in taking steps that halted the Yucca Mountain program.

The report by Nuclear Regulatory Commission Inspector General Hubert Bell does not say Jaczko, the agency's chairman, violated any laws or agency policies in his handling of the controversial Nevada nuclear waste project.

But while Jaczko had the authority, he was "not forthcoming" about his actions at various times last year to stop work on the project, including halting a key safety report that was nearing completion.

Jaczko "strategically provided three of the four other commissioners with varying amounts of information about his intention to proceed to closure," the inspector said in a report that has provided more fuel for debate over the government's management of highly radioactive waste.

The 46-page report painted an unflattering picture of Jaczko as a manager, and suggested disarray at the top level of the agency that regulates nuclear plant safety and the handling of radioactive materials.

The results of a nine-month investigation that was requested by House Republican leaders and separately by former NRC Commissioner Kenneth Rogers touched off a new partisan fight in Congress this week as to its significance.

Bell is scheduled to testify on Tuesday before a House Energy and Commerce subcommittee, where Republicans and some Democrats are expected to revive charges that Jaczko carried an anti-Yucca political agenda when he joined the commission in 2005.

One Republican, Rep. Mike Simpson of Idaho, has called for Jaczko to resign.

Jaczko, a 40-year-old physicist and a former adviser to Sen. Harry Reid, D-Nev., appeared before the subcommittee last month and defended his handling of Yucca Mountain as legal and proper.

On Wednesday, before the report was made public, Jaczko issued a statement saying that it "reaffirmed" his actions were within his authority as chairman.

"All NRC chairmen have the responsibility to make difficult and sometimes controversial decisions," Jaczko said.

Reid on Friday came to the defense of Jaczko, who had been his chief adviser on Yucca Mountain as the Nevadan sought to close down the project, which is unpopular in his home state.

"The NRC inspector general report affirmed that Chairman Jaczko has acted within the law, NRC guidance and his authority in closing out Yucca Mountain project licensing," Reid said in a statement. "It's time for House Republicans to move on and help find real solutions for safely managing nuclear waste. Yucca Mountain is dead."

Likewise, Rep. Edward Markey, D-Mass., for whom Jaczko once worked as an aide, said the report "is a vindication."

Markey said Republicans unhappy with the Obama administration's decision to terminate the waste plan were mounting a "witch hunt" against the regulator.

Republicans saw darker meaning.

"The NRC inspector general's report paints an embarrassing picture of a bully whose use of deceit and manipulation is ruining the integrity of a respected independent regulatory agency," said Rep. Darrell Issa, R-Calif., chairman of the House Oversight and Government Reform Committee that is conducting a separate investigation of Yucca.

Rep. John Shimkus, R-Ill., who has challenged Jaczko on his handling of Yucca Mountain, will lead the subcommittee hearing on Tuesday.

Shimkus said the report showed Jaczko was "strategically working to rig the system in a no-holds-barred effort to derail the Yucca Mountain repository."

According to the inspector general, Jaczko drew puzzled reactions from staff and opposition from other commissioners as the NRC wrestled with shrinking budgets for the plan, which President Barack Obama wanted to shut down.

Investigators said Jaczko acted to put the brakes on volumes of a NRC report on Yucca Mountain that staff said was ahead of schedule and could be finished before their release dates.

Jaczko directed managers to keep to the original schedule. The first volume was released last August, but a key volume on repository safety was not officially released before Jaczko told staff last October that the agency was running out of money for high-level waste studies.

One manager told investigators she thought the motivation to slow down the work was to avoid getting "out in front" of the Obama administration.

Jaczko told the inspectors he did not want to give an impression the NRC "was trying to rush information out before it was actually complete, knowing the project was terminating."

Jackzo directed NRC staff last October to start closing out their work on the repository, citing a budget request that had diminished to $10 million.

He sought backing from other commissioners for the guidance without fully explaining its implications, according to the report.

When Jaczko's colleagues came to realize what was happening, the commissioners challenged it to varying degrees but could not work their way to resolve the conflict. The chairman's directive stood.

Commissioner William Magwood said he objected to Jaczko that he was never told the idea was to shut down the Yucca Mountain program.

"You should have asked," Jaczko responded, according to the report.

The inspector general also relayed complaints that some managers walk on eggshells after incidents of Jaczko losing his temper at them. Several current and former staff members told investigators the chairman's behavior "caused an intimidating work environment."

Jaczko also was the subject of complaints that he restricts and controls the flow of information to other commissioners and that he has used his power to approve foreign travel as a tool to get other commissioners to support him on issues.

Jaczko told investigators that he has acted within his authority and that sometimes makes tough decisions in the interest of managing the agency's resources.

He acknowledged he sometimes lost his temper and "worked to control it." Jaczko "concluded that his behavior created an environment sometimes in which it is difficult for people to work with him, and he regretted that," the report said.

Contact Stephens Washington Bureau Chief Steve Tetreault at stetreault@stephensmedia.com or 202-783-1760.