Editorial: Whistleblower probe was full of problems

Tuesday, Dec. 10, 2002 | 9:03 a.m.

In May 2001 the Energy Department hired the Morgan Lewis law firm to investigate whistleblower allegations and personnel disputes involving the quality assurance program at the Yucca Mountain project. James Mattimoe, the whistleblower who said the department mishandled quality assurance concerns raised by project employees, was fired after a Morgan Lewis report claimed that it was actually Mattimoe who abused his authority, a finding he disputes. Ultimately the Labor Department sided with Mattimoe and found that he was fired unfairly.

But there's much more to the story. Morgan Lewis previously had represented nuclear power industry interests. And just 18 days after its report against Mattimoe was issued, the law firm registered as a lobbyist for the Nuclear Energy Institute, the industry's top trade association, to push Congress to pass legislation in 2002 designating Yucca Mountain as the nation's nuclear waste dump. The Energy Department's selection of Morgan Lewis -- and the firm's subsequent findings against Mattimoe -- should not be too shocking for a department that conducted a one-sided investigation into Yucca Mountain's suitability, a sham review that favored the nuclear power industry.

Rep. Shelley Berkley, D-Nev., is right to call for an Office of Government Ethics investigation to probe conflict-of-interest issues involving the hiring of Morgan Harris. It's a shame that Congress wasn't aware of these facts before it voted earlier this year on Yucca Mountain's fate.