DOMENICI APPROVES DEAL WITH WHITE HOUSE THAT FREED APPROXIMATELY 175 NOMINEES FOR SENATE CONFIRMATION WHILE PRESERVING INTEGRITY OF CONFIRMATION PROCESS

Jaczko to be recess appointment for two-year term only, 12-month Yucca recusal

November 21, 2004
12:00 AM
Washington, D.C. – Senate Energy & Natural Resources Chairman Pete V. Domenici today expressed his approval of an agreement reached last night between Senate Republicans and the White House which prompted Senate approval of approximately 175 pending nominations and will result in the expected recess appointment of nominees Gregory B. Jaczko and Albert H. Konetzni to the Nuclear Regulatory Commission. Chairman Domenici’s statement: “Senate Republicans yesterday made it clear that we will not confirm nominees to the Nuclear Regulatory Commission without a proper hearing and an opportunity to question those nominees on the record. We made it clear that a nominee as controversial as Greg Jaczko will not be confirmed by the Senate for the sake of political expedience regardless of the pressure exerted by his advocate, Senator Reid. I am pleased with agreement reached with the White House last night. I am pleased with the terms of that agreement. We have protected the integrity of the senate confirmation process and I hope we have ensured the impartiality and fairness of the NRC.” The agreement reached in the final hours of the session will result in Jaczko and Konetzni being appointed to the NRC for a term of two years. President Bush is expected to make the appointments in January. Under the terms of the agreement, NRC Chairman Nils Diaz will serve as chairman for an additional six months, Jaczko must recuse himself from all Yucca Mountain matters for the first 12 months of his appointment and Jaczko cannot be renominated to the NRC at the end of his two-year term. The agreement was reached after Senate Republicans made it clear that the Senate would not confirm Jaczko by unanimous consent. Chairman Domenici yesterday delivered a letter to Majority Leader Frist signed by himself and 15 other Republican senators which said in part, “We cannot agree to allow Mr. Jaczko or Mr. Konetzni, the Republican nominee to the Commission, to be confirmed without so much as a hearing and the opportunity for senators to ask him questions on the record. While our position is certainly not politically expedient, we place too much importance on the role of the Nuclear Regulatory Commission to let that happen. Therefore, by this letter, we object to any unanimous consent agreement regarding Mr. Jaczko.” The letter was signed by Senators Domenici, Craig, Voinovich, Inhofe, Murkowski, Cornyn, Brownback, Thomas, Alexander, Allen, Santorum, Session, Chambliss, Fitzgerald, Miller and Graham. Hours later, the Senate reached a compromise with the White House on the matter. The compromise freed approximately 175 nominations held hostage by Senator Reid, including Federal Energy Regulatory Commissioner Suedeen G. Kelly. Kelly and others were confirmed by the Senate early Sunday morning just before the close of the session.