Magwood Sets Departure Date, Enviro. Groups Still Call for Resignation
Jeremy L. Dillon
RW Monitor
7/25/2014
The Obama Administration this week nominated Stephen Burns and Jeff Baran to fill open spots on the Nuclear Regulatory Commission. The duo had been viewed as likely candidates for the openings for some time. Burns previously worked for the NRC, rising to General Counsel under then-Chairman Gregory Jaczko, but left in 2012 for a position with the Nuclear Energy Agency. Baran currently serves as an aide to House Energy and Commerce Ranking Member Henry Waxman (D-Calif.) while also serving as Democratic staff director for Energy and Environment Subcommittee.
The two nominations aim to fill the vacancies opened by the impending departure of Commissioner William Magwood, who will be leaving at the end of August to assume his new position as the Director-General of the Organization for Economic Cooperation and Development’s (OECD) Nuclear Energy Agency (NEA), and former Commissioner George Apostolakis, who the President declined to re-nominate at the end of June. Magwood announced in the spring that he would be leaving the agency for the new job, but he had not set a departure date until this week. “It has been a rare honor to have been one of only 33 people to have served as an NRC Commissioner,” Magwood said in a statement. “The NRC is a truly outstanding organization that stands as a powerful model for nuclear safety organizations throughout the world. The mission of the NRC has engendered a culture of independence of decision-making, dedication to purpose, and commitment to excellence to which one would hope all regulators and staffs might aspire. Though my tenure with the NRC is coming to its end, I will remain a strong advocate for these values.”
Industry Has Lukewarm Reaction to Nominees
Industry reaction to the nominees appears to be mixed. Nuclear Energy Institute President and CEO Marvin Fertel celebrated that fact that the White House finally put out nominations for the vacancies, but he did raise some doubt about each candidate. He pointed to Burns’ previous experience at the NRC as a positive indicator of his abilities, but was worried over some things that happened while he was General Counsel. “With the nomination of Stephen Burns, who served as NRC general counsel, President Obama has identified a figure familiar with the commission’s responsibilities, processes and culture,” Fertel said in a statement. “Industry recognizes Burns’ 33 years of service to the commission—he received numerous positive reviews and was repeatedly promoted. Industry has some concerns regarding certain actions taken by the NRC while Burns served as general counsel, including the chairman’s use of emergency authority in the weeks after the Fukushima Daiichi accident and the decision to terminate the Yucca Mountain repository licensing process. The confirmation process will provide ample opportunity for Burns to elaborate on his views.”
Fertel seemed more skeptical of the Baran nomination. “The nomination of Jeff Baran merits close scrutiny,” he said. “Although Baran has energy and environmental policy experience, his background includes little, if any, relevant experience with nuclear energy technology or the NRC regulatory process and policies. We look forward to hearing his perspectives on these matters during the confirmation process.”
Environmental Groups Go To Obama on Magwood Resignation Issue
Meanwhile, a group of 34 environmental activist organizations seeking Magwood’s resignation for alleged credibility issues sent a letter to President Barrack Obama this week calling on the President to request the Commissioner’s resignation. The group wants his resignation and retroactive recusal from decisions in the past nine months because he accepted the position with the Nuclear Energy Agency while still serving as Commissioner. The environmental groups saw the move as “fatally compromising” to his role as an independent regulator of public health and safety. The White House did not respond to calls for comment this week.
Magwood, for his part, announced he would not be stepping down because the NEA is dedicated to the sharing of ideas between nations, not a platform to sell nuclear—an argument the group rejected. “Mr. Magwood also claims he has no conflict of interest because NEA has no financial, research or policy interests that would be directly affected by his decisions,” the group’s letter to Obama said. “But he completely fails to address the fact that the NEA members who have hired him include countries that own or sponsor U.S. nuclear licensees or applicants, such as France (MOX Fuel Fabrication Facility through AREVA; Nine Mile Point Units 1 and 2, Calvert Cliffs Units 1 and 2, and Ginna through Electricité de France) and the Netherlands (Louisiana Enrichment Services through URENCO). He also overlooks the fact that NEA promotes the financial interests of many private nuclear companies doing business in the U.S. and other countries. Therefore, we request that you seek Mr. Magwood’s immediate resignation from the NRC and his recusal from all NRC decisions related to safety or protection of the environment since the date of his application to the NEA,” they wrote.
Reid Calls Magwood Tenure a ‘Disaster’
Meanwhile, Senate Majority Leader Harry Reid (D-Nev.) added his take on the pending Magwood departure during a conference call with reporters this week, according to reports by Bloomberg Business. In the call, Reid criticized the Commissioner’s tenure, going so far as to call it a ‘disaster.’ “He couldn’t leave quick enough for me,” Reid said during the call. “He’s been a disaster. Other than that I have no feelings.”
Reid has a hostile relationship with Magwood, who Obama nominated in 2010. In an interview with the Huffington Post in 2012, Reid called the Commissioner a “treacherous, miserable liar” and a “first-class rat.” Most of the vitriol from Reid stems from Magwood’s role in the Commission backlash against then-Chairman Gregory Jaczko—a former Reid aide—as well as his support of the Yucca Mountain licensing review.
