Todd Jacobson
WC Monitor
7/3/2014

Nine Department of Energy nominees remain in a sort of limbo with the Senate confirmation process gridlocked, and with Republicans still smarting over Senate Majority Leader Harry Reid’s use of the nuclear option last year and the mid-term elections looming, there’s likely no relief in sight. The list of unconfirmed DOE nominees is headed by DOE Under Secretary for Management and Performance Elizabeth Robinson and National Nuclear Security Administration Principal Deputy Administrator Madelyn Creedon and, but also includes spots heading up the Office of Fossil Energy (Chris Smith), Office of Science (Marc Kastner), Under Secretary for Science (Franklin Orr), Chief Financial Officer (Joseph Hezir), and Director of the Advanced Research Projects Agency-Energy (Ellen Williams).

Once DOE Assistant Secretary for Environmental Management Monica Regalbuto, the newest addition to the waiting list having been formally nominated March 10, is cleared by the Senate Armed Services Committee, she’ll be added to the list of pending nominations as well. “The prospects aren’t good for any of them to get through. It takes a lot of political capital to get anyone though these days and there just doesn’t seem to be much of a push” for the DOE nominees, a Congressional aide told WC Monitor.

Average Wait Time: 244 Days and Counting

In recent months, only two DOE nominees have gotten through the Senate: NNSA Administrator Frank Klotz (April 8) and DOE General Counsel Steven Croley (May 12). Robinson has had the longest wait of any DOE nominee. The Chief Financial Officer at NASA, she was first nominated to the position July 18, 2013—meaning her wait is 350 days and counting. Creedon was nominated Nov. 6, 2013, and overall, the nine nominees have had an average wait of 244 days. And counting. “Clearly NNSA and DOE are not a priority for Senate leadership,” the Congressional aide said. “Once Klotz got through and the GC got confirmed, the momentum has just gone away, and it’s a shame.”

The confirmation congestion has taken its toll on various program offices, according to DOE and NNSA observers. While Klotz has been lucky to be confirmed, the NNSA has been without a true No. 2 official for more than 18 months. “The longer the nominees remain in limbo, the effectiveness of NNSA’s ability to execute its mission is hampered. Given the many challenges facing NNSA, it’s important that Administrator Klotz play with a full deck,” said Kingston Reif, the director of Nuclear Non-Proliferation at the Center for Arms Control and Non-Proliferation. “Officials working in an ‘acting’ capacity can plug some holes, but making and executing key decisions is greatly enhanced when key leadership positions are occupied by chosen nominees.”

‘DOE’s Top Leadership Positions Sit Vacant For Too Long’

Energy Communities Alliance Director Seth Kirshenberg said local communities are also growing frustrated. EM, for instance, hasn’t had a Senate confirmed leader since Ines Triay left her post almost exactly three years ago. EM is currently headed up by Dave Huizenga, with No. 2 official Mark Whitney widely expected to be taking over the top spot in an acting capacity soon once Huizenga returns to a position in the NNSA. Regalbuto is currently serving as EM’s No. 3 official. “ECA members have been disappointed at the length of time that any DOE nominations are being approved by the Senate,” Kirshenberg said. “DOE’s top leadership positions sit vacant for too long. NNSA was impacted by not having Senate confirmed leadership.  It has been over three years since EM has had a Senate confirmed Assistant Secretary—longer than almost any Assistant Secretary has ever served.  Leaving key roles without Senate confirmed leadership impacts an organization.  However, the only solace local governments can take is that it is not just DOE—no nominations from any agencies are moving forward in Senate this year.”

Indeed, last week the White House expressed frustration at the number of national security posts awaiting confirmation by the Senate. The waiting list includes 70 pending national security nominations and 48 ambassadors, according to Congressional Quarterly. “We urge Republicans in the Senate to stop playing political games, and let these individuals get to work on behalf of the American people,” White House Press Secretary Josh Earnest said June 25. “Fielding a full team abroad is not a partisan priority, it’s an American necessity.”