WASHINGTON, DC – Representative Edward J. Markey (D-MA), a senior Member of the House Energy and Commerce and Homeland Security Committees, issued the following statement in response to reports that the Government Accountability Office (GAO) determined that the Nuclear Regulatory Commission (NRC) altered its security regulations for nuclear reactors in response to industry pressure.  Specifically, the GAO concluded that the NRC removed several weapons from its list of weapons and reduced the size of the truck bomb nuclear reactors were supposed to be able to defend against as a result of industry claims that it couldn’t afford to protect against terrorist attacks using them.

“When it comes to homeland security, the Bush Administration motto is “In Industry We Trust,” said Rep. Markey.  “This report comes as no surprise - the Nuclear Regulatory Commission has neglected to protect citizens living near nuclear reactors and instead has catered entirely to the nuclear industry’s corporate bottom line.”

Representative Markey has long expressed concern that the nuclear industry has undue influence on the NRC:

•    In 2005, Rep. Markey requested that the NRC Inspector General conduct an investigation into the NRC’s inappropriate use of secrecy designations to bar independent experts and members of the public from obtaining access to security information and information related to other NRC proceedings, while it allows the nuclear industry complete and unfettered access to the same information.
•    Rep. Markey has written the NRC regarding its decisions to hold secret meetings with the nuclear industry to discuss potential regulatory changes while it bars non-industry experts from obtaining access to information they need to prepare materials to oppose a licensee application.  Evidently, non-industry experts are almost never granted ‘need to know’ (the extra information access status required by the NRC) even when they possess the necessary security clearances. Moreover, in the rare event that they are granted, the process takes an inordinately long time, and these individuals must continually demonstrate a ‘need to know’ for each document they request access to. In contrast, nuclear industry members are reportedly able to receive the ‘need to know’ by merely submitting their names and social security numbers to the NRC.
•    In the late 1990s, after the NRC backed down from an ill-advised plan to eliminate its force-on-force security exercise program, it planned to allow the nuclear industry to design, implement and evaluate security exercises at nuclear reactors. Rep. Markey has been a long-time opponent of this plan, and has written numerous oversight letters and offered legislative remedies to ensure that the NRC remains in charge of this important function – most recently in the Energy bill, in which his provisions were enacted. The Congressman has also voiced his strong opposition to the decision by the NRC to allow the Nuclear Energy Institute (NEI, the nuclear industry’s lobbying organization) to contract with Wackenhut, a private security company, during the force-on-force security exercises at nuclear reactors, since the Nuclear Energy Institute, the lobbying arm of the nuclear energy industry (NEI) has an inherent conflict-of-interests and since Wackenhut provides security services for about half the nation’s nuclear reactors and could therefore not objectively evaluate itself.  During last year’s debate on the House Energy and Water Appropriations bill, Rep. Markey offered an amendment that prohibits the NRC from using funds to contract with or reimburse nuclear reactor licensees or the NEI for matters relating to nuclear site security. The amendment was agreed to by a voice vote.
•    On December 9, 2002 Rep. Markey wrote to the NRC regarding reports of secret meetings that occurred between the Commission and the NEI to discuss potential upgrades to security at nuclear reactors (while non-industry security experts were essentially barred from participating in the process).  
•    Rep. Markey was informed that at a January 12, 2005 meeting at the NRC, Commission staff indicated that that the agency is considering altering its definition of “proprietary information” to include material that is currently releasable to the public so it can be withheld in the future.  This material would be shared within the industry, but not with the public.
•    The NRC barred access to portions of the materials on its website on more than one occasion in order to remove documents that posed a security concern, but has allowed its proceedings to go on even though some non-industry stakeholders were unable to obtain access to documents needed to participate.  

For more information on Rep. Markey’s work on the security of nuclear facilities check out: http://markey.house.gov/