Here’s the text of an automated phone message Chuck Muth received last week…

Loux, age 59, apologized to the commission (and the public) for giving himself and other agency staffers unauthorized pay increases.

Gov. Gibbons has ordered that the salaries in question be corrected to the approved amounts and has asked that the Department of Personnel obtain repayment of the excess.

“This action will ensure that the general fund is reimbursed…and will also ensure that any retirement benefits to employees of the Agency for Nuclear Projects are based on the correct salary levels,” the LVRU reports Gibbons to have said.

Loux’s salary has been rolled back to the 2006 budgeted amount of $104,497 and his retirement will be based on a percentage of his three highest pay years, excluding the unauthorized ones.

Still a pretty good deal for a guy who, according to Stuart Waymire, holds a bachelor’s degree in education from the University of Nevada, Reno, did not have credentials for the job, and has done more than anyone to get in the way of a civil, intelligent discussion about Yucca Mountain.  (I’ve got excerpts from a book Waymire wrote here.)

Anyway, Loux is out. 

As the flight attendants cheerfully say at the end of long, tedious flights, “Buh-Bye now.”

Over the weekend, someone faxed him some old copies of the Bullfrog County Times newsletter (circa the late 80s).  Apparently this publication tried to tell ”the other side” of the Yucca Mountain issue – which Nevadans weren’t getting from Bob Loux and the Nuclear Waste Project Office (NWPO).

One Bullfrog newsletter mentioned a letter-to-the-editor written by a man from Carson City who had suggested that “Nevada should be receiving financial compensation for the study of Yucca Mountain.”

According to the Bullfrog, Bob Loux of the NWPO “mobilized his office, cranked up the typewriters and copy machines, called in all of his envelope stuffers, and fired off [a]…news release to every newspaper in the state, large and small…”  In his missive, Loux insinuated that the original letter-to-the-editor was written by the Department of Energy or someone in the nuke industry, “implying that no right-thinking Nevadan could possibly conclude on his own that our state should be compensated for what’s happening at Yucca Mountain.”

The Bullfrog concluded: “The poor guy in Carson City must be wondering what he did to incur the wrath of an entire agency.  We’ll tell you what you did, sir.  You dared to think for yourself.  You dared to speak the unspeakable.  That’s the way it is in Nevada these days.  And it appears that no one in any higher position cares what Loux does with his power or budget.”

Twenty years later, it looks the ghosts of Bullfrog’s past can croak with joy as they finally get to see Lady Justice comin’ ’round the proverbial Mountain for Mr. Bob Loux.

Bob Loux, Grand Propaganda Poobah for Nevada’s Nuclear Waste Policy Office, didn’t just redistribute funds in the form of unauthorized 2008 raises.  Apparently he’s been over-paying himself and his staff for years.

According to figures released by the governor’s office yesterday, Loux over-paid himself and his staff (i.e. exceeded his budgeted salary amount) for fiscal year 2007 by 6.69 percent.  This year, he exceeded his budget by 12.06 percent. And for next year, he was planning to exceed by 18.99 percent.

As for his personal salary, Loux was budgeted to be paid $114,088 this year but jacked up his salary more than 27 percent to $145,718.  He was budgeted to be paid $114,088 again next year (due to the statewide salary freeze) but set himself up to rake in $151,542 instead. 

Here’s the kicker:  These raises look to be about more than just the immediate extra cash.  Turns out Loux is eligible to retire on October 8, 2008.  And his already generous retirement package will/would reported be based on his ending salaries for his final three years of service. So it sure appears as if Loux was jacking up his salary in an effort to rip off taxpayers for higher retirement benefit over the next twenty or thirty years.

Assemblyman Morse Arberry was right on Tuesday.  Bob Loux shouldn’t just be fired; he ought to be prosecuted and thrown in jail.  AND stripped of his inflated retirement benefit.

(Hat Tip to Chuck Muth’s News and Views.)

According to NRS 283.440, “Any person now holding…any office in this State…who is guilty of any malpractice or malfeasance in office, may be removed therefrom as hereinafter prescribed in this section.” 

According to a September 9, 2008, story by Cy Ryan of the Las Vegas Sun, Mr. Loux gave “himself and his staff an unauthorized 16 percent pay raise,” well above levels set by the Legislature for his office. 

On September 10, 2008, Brendan Riley of the Associated Press reported that Mr. Loux “apologized to the lawmakers’ Interim Finance Committee” (IFC) at the hearing on September 9, 2008, “for giving himself and other agency staffers unauthorized pay increases of up to 16 percent.” 

According to the AP report, Mr. Loux’s agency falls under the governor’s office, but Mr. Loux ”didn’t report the pay increases to the governor and instead signed the paperwork needed to authorize the higher pay.”

The raises came to light at the IFC meeting because Mr. Loux had overspent his budget – which in itself is malfeasance in office per NRS 353.260 (copy attached).

According to the statute, “It is unlawful for any state officer, commissioner, head of any state department or other employee, whether elected or appointed, to expend more money than the sum specifically appropriated by law for any such office, commission or department.”

Mr. Loux admitted to the IFC that he both overspent his budget and personally approved the unauthorized pay increases. “I take full responsibility for all of these errors,” Mr. Loux said.  “They were done by me.”

In an official letter to Mr. Bob Loux calling for his resignation, Nevada Gov. Jim Gibbons noted that a review by the Budget Office discovered that “there has been a history of salaries in (Mr. Loux’s) office paid well over the amounts budgeted” and that “increases have been made without my approval and in violation of NRS 223.085.”

According to a report by Ed Vogel in the September 11, 2008, edition of the Las Vegas Review-Journal, Mr. Loux’s “salary manipulation” resulted in Mr. Loux receiving a salary of $151,542 per year – well in excess of his authorized, approved and budgeted salary of $114,088.

In addition, the Budget Office review referenced by Gov. Gibbons shows that Mr. Loux’s willful and unauthorized actions resulted in salary increases for every member of his staff in excess of 27 percent higher than budgeted for Fiscal Year 2008, and in excess of 32 percent higher than budgeted for Fiscal Year 2009.  In one case, one employee was scheduled by Mr. Loux to receive a salary increase next year which would have been more than 50 percent higher than budgeted.

According to Mr. Vogel’s story today, Mr. Loux has rejected Gov. Gibbons’ request for his resignation, saying “I am not going away.”

We’ll soon see!!

Most Nevadans probably don’t even know the NWPO exists (see my post below on Bob Loux), let alone how it came about or what it does.  For a little tutorial, here are some excerpts from a history written over ten years ago by author/researcher Stuart D. Waymire (emphasis mine; non-italicized sarcastic comments also mine):

“Nevada’s Nuclear Waste Project Office was created using money set aside from the Nuclear Waste Fund. Under its director, Bob Loux, NWPO has consumed nearly fifty million dollars over the last decade, much of it employed in opposition to nuclear energy…”

So, the Waste Project Office wasted Money from the Waste Fund.  Seems logical to me.

“…Robert Loux…has become as notorious in Nevada as a one-man anti-nuclear wrecking ball. A high school teacher with a major in history and minor in psychology from the University of Nevada, Reno, Loux had been involved in state energy and nuclear waste programming since 1976. In fact, except for a few years of teaching high school, this appears to have been the only career he has ever pursued.”

A high school history teacher was obviously the best choice to head up an agency overseeing the largest proposed nuclear project in our nation’s history.  “Duh”

“Since becoming executive director of NWPO, Loux’s lack of scientific expertise and technical credentials has become a raw wound in the Nevada technical community which sees him as a political manipulator and engineering dilettante. This hasn’t stopped Loux from gaining carte blanche over what has now grown to more than $5 million dollars per year in funds, in large part distributed to foes of the nuclear industry.”

I think $13,698.63 per day is a very reasonable rate for all the non-expert misinformation we’ve gotten from Loux and his staff.  

“As a result of action by the 1985 Nevada Legislature, NWPO became, officially, the Agency for Nuclear Projects – a statutorily established entity responsible for monitoring and overseeing U.S. Department of Energy activities related to the Yucca Mountain nuclear waste site. In the hands of then-Governor Richard Bryan, it also became part of a political strategy designed to bludgeon political opposition into submission – notably former Senator Chic Hecht in the 1988 senatorial campaign eventually won by Bryan.

 “Under the troika of Senator Bryan, director Robert Loux and former governor Grant Sawyer (who was enlisted to head the Nevada Commission on Nuclear Projects), the Nuclear Waste Project Office became an anti-nuclear propaganda machine.

“Oversight by the Sawyer Commission transformed into show trials masquerading as fact finding. Science conducted by NWPO’s technical and planning division was corrupted by political considerations. The social scientists of the planning division, given lucrative contracts worth $15 million, used their expertise to generate anti-nuclear hysteria in Nevada. Less abusive but no less disturbing was that some of the technical studies were designed to support the party line rather than investigate real technical questions at Yucca Mountain.”

Kudos to ex- Nevada Governors Richard Bryan and Grant Sawyer for administrative efficiency:  they ordered skewed technical studies, effectively smeared the Yucca project, and defeated their political opponents using the same agency.

 “Nevada’s politicians, notably Senator Bryan and ex-governor Sawyer, looked the other way as Bob Loux awarded millions of dollars of contracts without Requests For Proposals and without competitive bids.

We don’t need no stinking bids.

“Even more problematic was that the Department of Energy, which was supposed to oversee the spending of NWPO, caved in to the political pressure and allowed the state to violate federal laws rather than risk making political waves…

Given a choice between upholding federal law and being called a bunch of Big Meanies, the DOE made the obvious choice.

“For example, NWPO openly violated the Federal Acquisition Regulations (FAR) against using funds to run public relations and lobbying campaigns. Whenever questioned about the legality of these public relations activities, Bob Loux simply claimed the regulations didn’t apply, or that his agency was in compliance because its activities were strictly ‘informational’. The pertinent regulation regarding limits on public relations and lobbying by agencies accepting Federal grants is FAR 31.205-22.”

Loux’ activites were actually MIS-informational, but let’s not split hairs – or atoms, as the case may be.

Twenty-three years later, Loux, Richard Bryan, the NWPO, most of Nevada’s elected officials, and many of Nevada’s citizens are still rabidly anti-Yucca Mountain.  And, unfortunately, many well-intentioned people remain completely uninformed about the facts and benefits.

What a shame.

(I’ll collect and post assorted contact info for the appropriate persons and agencies later today, so please stand by.)

The whole Yucca “controversy” continues to amaze me.  What I’ve found from talking to regular folks is that Yucca really isn’t all that controversial except in the minds of Reid and others who are rabidly against it.  Most people seem to realize that Nevada would draw a HUGE paycheck in exchange for supporting the infrastructure of Yucca.  They are also appreciative of the potential cash boost to our construction industry and the creation of thousands of permanent jobs.

Here’s a little history lesson:

The U.S. Dept. of Energy had its first public meeting in Nevada on Yucca Mountain in 1983.  Don Veith, the Yucca Mountain project manager, presented an overview of the legislation.  The meeting was then opened to public comment.  Governor Richard Bryan stood and announced that he was “unalterably opposed” to the storage of “nuclear waste” in Nevada.  A surrogate for then-Congressman Harry Reid echoed the congressman’s “strong opposition.”  According to those present, most other attendees expressed an opinion along the lines of, “Interesting – maybe there’s something in it for us.”

But via the governor’s office and the Nevada Agency for Nuclear Projects (created in ‘85), the state officially adopted a negative view of Yucca.  And under Director Bob Loux, Yucca has faced two decades of unrelenting criticism and obstruction.

Along the way, several multi-billion dollar offers have been informally made to Nevada by the DOE and/or nuclear industry in exchange for the state’s acceptance of the repository.  At one point, the Reagan administration offered Nevada a multi-billion-dollar nuclear medicine and nuclear science research facility to be associated with UNLV and situated on the Nevada Test Site.  The offer was flatly rejected.

Ladies and gents, spent nuclear fuel is presently stored at temporary sites around the nation.  It is stored safely and without incident.  The nuclear reactors that render efficient electricity are also operated safely and without incident.  For the good of our economy and our nation, we should all take a second look at Yucca.  Please contact me if you would like to get on a Yucca Mountain mailing list and participate in future discussions, forums, panels, and meet-ups.