Editorial: Disturbing conflict of interest

Friday, Nov. 16, 2001 | 5:06 a.m.

In July the Sun reported that the law firm that had worked on the Department of Energy's Yucca Mountain Project also had a lobbying contract with a nuclear power industry trade group that wants to build a nuclear waste dump in Nevada. The newspaper's discovery of the conflict of interest ultimately led to an investigation by the DOE's inspector general. Last week the inspector general said that the Chicago-based law firm of Winston & Strawn failed to disclose at the time that the DOE hired it in 1999 that the firm also had a lobbying contract on the side with the Nuclear Energy Institute.

The DOE is supposed to conduct an unbiased review to determine whether Yucca Mountain is suitable to store 77,000 tons of man's deadliest waste. It is untenable for the DOE to have hired as its legal counsel the same firm that was advocating on behalf of the nuclear power industry's main trade group. Winston & Strawn knew when they sought the DOE legal consulting contract in 1999 that the firm had a conflict of interest. But the $16.5 million contract the law firm secured from the DOE apparently was just too tempting for them to say no to such an obvious ethical breach.

The inspector general said the DOE must promptly evaluate whether the Chicago-based law firm acted illegally or unethically, but this reminds us of the fox being asked to guard the henhouse. Over the years the DOE hasn't acted impartially on the Yucca Mountain Project, almost always siding with the interests of the nuclear power industry over those of public safety. Nevadans will be watching carefully to see whether Winston & Strawn gets a slap on the wrist or is punished appropriately for its conflict of interest. For that matter, whatever work the law firm has performed for the DOE is suspect and should be cast aside.