Politician taking on NRC
New England lawmaker questioning dismissal of Texas whistleblowers

A prominent New England congressman has taken up the cause of three Texans who were fired after reporting wrongdoing in the Nuclear Regulatory Commission's regional office in Arlington.

The allegations led to the arrests of three employees in the NRC's Region IV two years ago. In a letter to NRC Chairman Richard Meserve last week, Rep. Edward Markey, D-Mass., demanded to know why the accusers fared worse than the accused, who were allowed to resign or retire.

"In the wake of the events of Sept. 11, 2001, it is even more vital that the NRC foster a work environment that rewards whistleblowers for their courage in disclosing safety, security or criminal violations," wrote Mr. Markey, a senior member of the House Energy and Commerce Committee. "Instead, the commission appears to treat these brave individuals as though they are themselves criminals."

Victor Dricks, a Region IV spokesman, said that agency officials would have no comment on the firings, which occurred between December 2000 and September 2002, or on Mr. Markey's letter.

The three workers who lost their jobs, on the other hand, have much to say. In interviews, former NRC employee Peter Krayer and former contract workers Lanell Allen and Ron Bath said they fell victim to a shoot-the-messenger mentality that continues to pervade Region IV's Division of Resource Management and Administration.

"The NRC has a fundamental responsibility to protect whistleblowers because that's one of its main sources of information," Mr. Krayer said. "When there is an ongoing fear of retaliation, particularly in a regional office, it can have an impact on safety because it can discourage employees from coming forward. It's the regional offices that are responsible for inspections and enforcement."

It seemed a triumph for principled Region IV employees when Dean Papa, Guy Compton and Joe Tapia were taken into custody by the Secret Service in February 2001. Mr. Papa and Mr. Tapia were branch managers; Mr. Compton was a computer network specialist.

The men, who have since left the agency and could not be reached for comment, were arrested on charges of making, selling or using counterfeit satellite television access cards on government time, an activity that began in 1999 or earlier. The cards, containing computer chips, gave users free access to TV service for which a monthly fee is charged. They were marketed inside and outside the Region IV office.

Mr. Compton pleaded guilty to criminal charges. He was placed on five years' probation and paid $8,625 in restitution, court records show.

Mr. Papa and Mr. Tapia were placed in a pretrial diversion program for first-time offenders and did not admit guilt, according to Inside NRC , a trade publication.

The arrests received little attention beyond the NRC. The fallout from the illegal enterprise, however, continues to this day.

In December 2000, Mr. Bath, working as a computer network specialist for U.S. Robotech, an NRC contractor, was fired after being told the NRC had eliminated his position. Ms. Allen, who worked for another computer contractor, EER Systems, lost her job in March 2002. No reason was given, she said; she was told only that she had violated the NRC's trust.

Mr. Krayer, who joined the NRC in 1991 as a senior program analyst, was fired in September. The agency accused him of telling another employee to change a number in an internal report. He denies doing so.

All had reported what they believed to be illicit behavior on the part of their co-workers to the NRC's Office of Inspector General. And all said they were flabbergasted by their dismissals.

"It just killed me," Ms. Allen said. "It was like I disappeared off the face of the earth."

Lasting effects

Among other things, the division manages computer networks, telecommunications and facilities in Region IV. Although it employs no field inspectors, some of its duties are safety-related: It installs and maintains telephone systems to be used in emergencies at nuclear power plants, and maintains security and radiation-detection badges.

One of four regional NRC offices, Region IV oversees 21 nuclear reactors at 14 sites – including Comanche Peak, southwest of Dallas – and about 600 other medical, industrial and commercial users of radioactive materials in 23 states. Washington attorney Billie Garde, who represents Mr. Krayer, Ms. Allen and Mr. Bath, said the NRC has "an abysmal, dysfunctional, embarrassing situation going on in their own house, which they are not addressing."

Ms. Garde said she finds it ironic that the NRC encourages whistleblowers at nuclear utilities to come forward with allegations of fraud or safety lapses and promises protection for doing so – when the agency can't seem to protect its own.

Mr. Krayer, 45, is trying to get his NRC job back through the federal Merit Systems Protection Board. Ms. Allen, 53, and Mr. Bath, 54, have no such recourse because they worked for contractors. Both have filed notices to sue the NRC.

The fired workers blame their plight primarily on Kathleen Hamill, director of the Division of Resource Management and Administration. After the arrests of the three men, Ms. Hamill – who supervised Mr. Papa and Mr. Compton – showed hostility toward the whistleblowers, Ms. Allen said.

Mr. Krayer filed a formal complaint of retaliation against Ms. Hamill in June 2001. Mr. Dricks, the NRC spokesman, said that Ms. Hamill did not wish to comment.

Help from the Hill

Unhappy with what he believed to be an inadequate response, and troubled by the subsequent firings of Ms. Allen and Mr. Krayer, the congressman followed up with another letter last week.

"I am concerned that the management problems in Region IV appear to be deep, systemic and in need of urgent action on the part of NRC headquarters to resolve," Mr. Markey wrote. He asked Mr. Meserve to respond by March 28.

The whistleblowers, for their part, say they have struggled emotionally and financially.

Mr. Krayer, a captain in the Naval Reserve, said he expects to be summoned to active duty at any time. "I would like to have a career to come home to when the Navy gets done with me," he said.

Ms. Allen and Mr. Bath said they have worked sporadically since leaving Region IV and worry that their reputations have been tainted by their ordeal.

"If I had to do it all over again, I'd do exactly the same," Mr. Bath said. "But my advice to colleagues would be, 'Keep your mouth shut and don't say anything. Don't report wrongdoing if you depend on that job to provide food and shelter for your family, because they will fire you.' "