Justice Dept. Replies to Criticism of Its Role in Rocky Flats A-Plant Case

The Justice Department on Thursday issued a rebuttal to congressional criticism of its handling of the 1989 investigation of environmental and safety problems at the Rocky Flats nuclear weapons complex.

The operator of the Colorado plant, Rockwell International Corp., paid an $18.5-million fine, the largest hazardous waste fine in history, in 1992 after pleading guilty to 10 hazardous waste and clean water violations.

“This case was not handled perfectly in the sense that any case of this nature with complicated investigatory and institutional issues is likely to have difficulties,” said a report issued by the department. “None of these factors, however, was related to institutional breakdowns or improper political or personal influences.”

The report serves as a response to criticism of the case by the investigation subcommittee of the House Committee on Science, Space and Technology, headed at the time by former Rep. Howard Wolpe (D-Mich.), which claimed that the plea agreement was too lenient. The Justice Department report said the agreement reflected “an appropriate exercise of prosecutorial discretion.”

Wolpe, who left Congress and is now running for governor in Michigan, said: “My reaction is: What would you expect?”

The case attracted wide attention when a grand jury tried to issue a report that was more critical of Rockwell and the Energy Department than the prosecutors would endorse.