NRC commissioner recuses from Yucca case

WASHINGTON -- A member of the Nuclear Regulatory Commission has disqualified himself from an upcoming key vote on the Yucca Mountain repository, saying he may have a conflict.

George Apostolakis, a former nuclear science and engineering professor, disclosed he headed a panel that conducted a review on the nuclear waste project from March 2007 to March 2008 for Sandia National Laboratories, the lead science agency at Yucca Mountain.

For that reason, he said in a statement Thursday, "I have concluded that I should recuse myself." The commission is expected to rule this summer whether the Department of Energy should be allowed to terminate licensing for a project it no longer wants to build.

A panel of law judges within the NRC has decided that DOE cannot end the Nevada project unilaterally. The commission, which is the nuclear safety agency's ruling body, will determine whether that decision should be upheld or reversed.

Apostolakis was one of three commissioners who had been urged to step aside on the Yucca Mountain vote, but for another reason.

Attorneys representing the states of Washington and South Carolina in the legal fight over the repository filed a motion last week charging that the commissioners were compromised during a Senate confirmation hearing in February, and should recuse themselves.

At the hearing, Apostolakis, William Magwood and William Ostendorff were asked whether they would "second guess" the DOE decision to end Yucca Mountain, and each declared "no."

Attorneys have differed as to whether that episode presented grounds for recusal as a formal matter under NRC rules. No matter, the states seeking disqualification said it would "undermine public confidence" if the commissioners were allowed to vote.

In his one page recusal statement, Apostolakis emphasized his decision was not prompted by the controversy over the Senate hearing. Magwood and Ostendorff have not commented.

The move by Apostolakis has given rise to speculation about how the four remaining commissioners might rule in a closely watched case. Magwood is a former DOE nuclear energy director. Ostendorff is a nuclear defense expert and former Navy officer.

NRC chairman Gregory Jaczko is a physicist and former adviser to Sen. Harry Reid, D-Nev., and Rep. Ed Markey, D-Mass. Kristine Svinicki is a nuclear engineer who advised Sens. John Warner, R-Va., Larry Craig, R-Idaho, and John McCain, R-Ariz.

The development at the federal agency came on the same day that battle lines over Yucca Mountain were hardened on Capitol Hill.

In two venues, Republicans showed resistance to the Obama administration's plan to shut down the nuclear waste project. In both cases, Democrats prevailed to keep the Obama plan on track.

Democrats on the House subcommittee forming a Department of Energy spending bill for next year rejected an amendment by a 10-6 vote that would have restored $100 million for repository licensing. The DOE budget zeroes out the program.

Rep. Rodney Frelinghuysen, R-N.J., said Obama was thumbing his nose at Congress by shutting down Yucca Mountain against the wishes of most lawmakers. But Rep. Ed Pastor, D-Ariz., the acting chairman, said Congress could restore funding if the NRC decides to continue licensing.

Meanwhile a set of Republicans on the House Energy and Commerce Committee complained the Department of Energy was stonewalling their requests for documents to justify the termination. But Democrats derailed a GOP resolution that demanded DOE produce the paperwork.

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