[Senate Hearing 116-237]
[From the U.S. Government Publishing Office]
S. Hrg. 116-237
HEARING ON THE NOMINATIONS OF BETH HARWELL AND BRIAN NOLAND TO BE
MEMBERS OF THE BOARD OF DIRECTORS, AND KATHERINE CRYTZER TO BE
INSPECTOR GENERAL, OF THE TENNESSEE VALLEY AUTHORITY
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HEARING
BEFORE THE
SUBCOMMITTEE ON CLEAN AIR
AND NUCLEAR SAFETY
OF THE
COMMITTEE ON
ENVIRONMENT AND PUBLIC WORKS
UNITED STATES SENATE
ONE HUNDRED SIXTEENTH CONGRESS
SECOND SESSION
__________
MAY 19, 2020
__________
Printed for the use of the Committee on Environment and Public Works
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Available via the World Wide Web: http://www.govinfo.gov
__________
U.S. GOVERNMENT PUBLISHING OFFICE
40-943PDF WASHINGTON : 2020
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
ONE HUNDRED SIXTEENTH CONGRESS
SECOND SESSION
JOHN BARRASSO, Wyoming, Chairman
JAMES M. INHOFE, Oklahoma THOMAS R. CARPER, Delaware,
SHELLEY MOORE CAPITO, West Virginia Ranking Member
KEVIN CRAMER, North Dakota BENJAMIN L. CARDIN, Maryland
MIKE BRAUN, Indiana BERNARD SANDERS, Vermont
MIKE ROUNDS, South Dakota SHELDON WHITEHOUSE, Rhode Island
DAN SULLIVAN, Alaska JEFF MERKLEY, Oregon
JOHN BOOZMAN, Arkansas KIRSTEN GILLIBRAND, New York
ROGER WICKER, Mississippi CORY A. BOOKER, New Jersey
RICHARD SHELBY, Alabama EDWARD J. MARKEY, Massachusetts
JONI ERNST, Iowa TAMMY DUCKWORTH, Illinois
CHRIS VAN HOLLEN, Maryland
Richard M. Russell, Majority Staff Director
Mary Frances Repko, Minority Staff Director
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Subcommittee on Clean Air and Nuclear Safety
MIKE BRAUN, Indiana, Chairman
JAMES M. INHOFE, Oklahoma SHELDON WHITEHOUSE, Rhode Island,
SHELLEY MOORE CAPITO, West Virginia Ranking Member
KEVIN CRAMER, North Dakota BENJAMIN L. CARDIN, Maryland
MIKE ROUNDS, South Dakota BERNARD SANDERS, Vermont
DAN SULLIVAN, Alaska JEFF MERKLEY, Oregon
JOHN BOOZMAN, Arkansas KIRSTEN GILLIBRAND, New York
ROGER WICKER, Mississippi CORY A. BOOKER, New Jersey
JONI ERNST, Iowa EDWARD J. MARKEY, Massachusetts
JOHN BARRASSO, Wyoming (ex officio) TAMMY DUCKWORTH, Illinois
THOMAS R. CARPER, Delaware (ex officio)
C O N T E N T S
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Page
MAY 19, 2020
OPENING STATEMENTS
Braun, Hon. Mike, U.S. Senator from the State of Indiana......... 4
Whitehouse, Hon. Sheldon, U.S. Senator from the State of Rhode
Island......................................................... 5
Carper, Hon. Thomas R., U.S. Senator from the State of Delaware,
prepared statement............................................. 62
WITNESSES
Alexander, Hon. Lamar, U.S. Senator from the State of Tennessee.. 2
Blackburn, Hon. Marsha, U.S. Senator from the State of Tennessee. 3
Harwell, Beth, nominee to be a Member of the Board of Directors,
Tennessee Valley Authority..................................... 6
Prepared statement........................................... 8
Response to an additional question from Senator Braun........ 10
Responses to additional questions from:
Senator Carper........................................... 10
Senator Sanders.......................................... 17
Noland, Brian, nominee to be a Member of the Board of Directors,
Tennessee Valley Authority..................................... 20
Prepared statement........................................... 22
Response to an additional question from Senator Braun........ 25
Responses to additional questions from:
Senator Carper........................................... 26
Senator Sanders.......................................... 35
Crytzer, Katherine, nominee to be Inspector General, Tennessee
Valley Authority............................................... 39
Prepared statement........................................... 41
Response to an additional question from Senator Braun........ 43
Responses to additional questions from Senator Carper........ 43
HEARING ON THE NOMINATIONS OF BETH HARWELL AND BRIAN NOLAND TO BE
MEMBERS OF THE BOARD OF DIRECTORS, AND KATHERINE CRYTZER TO BE
INSPECTOR GENERAL, OF THE TENNESSEE VALLEY AUTHORITY
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TUESDAY, MAY 19, 2020
U.S. Senate,
Committee on Environment and Public Works,
Subcommittee on Clean Air and Nuclear Safety,
Washington, DC.
The Committee, met, pursuant to notice, at 3:02 p.m. in
room 406, Dirksen Senate Office Building, Hon. Mike Braun
(Chairman of the Subcommittee) presiding.
Present: Senators Braun, Whitehouse, Sullivan, Boozman,
Wicker, Ernst, and Carper.
Senator Braun. Good afternoon. This hearing of the Clean
Air and Nuclear Safety Subcommittee is called to order.
Today we will be considering three nominations for the TVA.
This afternoon we will be hearing from Beth Harwell, Brian
Noland, who President Trump has nominated to the TVA Board of
Directors; and Katherine Crytzer, who has been nominated to the
position of Inspector General of the TVA.
I would like to welcome you all here today.
In compliance with the Senate's social distancing
guidelines, our members have the option of attending virtually.
This is a first for this Subcommittee to do so, so please
pardon any technical issues. It seems to have been going pretty
well, though, so far, in other hearings.
If confirmed, each of you will be tasked with ensuring that
the TVA's broad strategies, goals, objectives, are adequate for
ratepayers in the region, and that TVA pursues an agenda that
is in the best interest of the United States.
This afternoon, we are honored to be joined by both Senator
Alexander and Senator Blackburn, who wanted to be here today to
introduce the President's nominees.
So, Senator Alexander, you are coming from afar. You may
proceed.
STATEMENT OF HON. LAMAR ALEXANDER,
U.S. SENATOR FROM THE STATE OF TENNESSEE
Senator Alexander. Thank you, Mr. Chairman, and to Ranking
Member Whitehouse and to my colleague Senator Blackburn.
I am delighted today to have a chance to introduce to the
Committee and to the Senate President Trump's nominees for the
TVA board, Elizabeth Harwell and Brian Noland.
As the Chairman indicated, TVA is a big and important
institution. It is a $10 billion a year business and serves
residents in seven States by providing electricity, and a
majority of those are in Tennessee.
In my opinion, the TVA has been on a good track for the
last few years. The scoreboard for TVA is its rates. According
to TVA, its residential rates are in the bottom 25 percent, the
cheapest 25 percent residential rates, and its business rates
are in the cheapest 10 percent of business rates in the
country. It has been reducing its debt, strengthening its
pension fund.
Of special interest I think to Senator Braun and Senator
Whitehouse, during this period of reduced demand, TVA officials
tell us that they produce 85 percent of their electricity using
emission-free nuclear power and hydropower.
I am especially delighted that these two individuals, Beth
Harwell and Brian Noland, have been nominated to serve on the
TVA board. They are two of our State's most distinguished
residents.
I have admired Beth Harwell's leadership, her style of
leadership, ever since she was first elected to the Tennessee
House of Representatives in 1988. Her constituents liked what
she did, and so did her colleagues, because they eventually
elected her speaker of the house. She was the first female
speaker in the history of our State.
She taught at Belmont University, has been active in a
variety of enterprises in Nashville, which is her hometown. She
knows Tennessee from Memphis to Mountain City which is where 70
percent of the TVA ratepayers live.
Speaking of Mountain City, the other nominee, Brian Noland,
is distinguished in a different way; He lives in that part of
the State that we call upper east Tennessee. He is president of
East Tennessee State University, one of the largest
universities in our State. He formerly has been president of
the West Virginia Higher Education Association. His colleagues
in higher education have honored him by electing him to the
board of directors of the American Council on Education. So he
knows administration, we [inaudible] on the board of such a
large entity.
One other thing I should say is that these two seats are
vacant today. Their predecessors' terms expired a year ago. The
previous occupants left their seats in December. So I am
especially grateful to the Committee for moving these nominees
ahead. I hope they will be considered on the floor very
quickly.
There is one other person I want to mention today, a person
with some Tennessee background, Katherine Crytzer, who is
nominated to be Inspector General of TVA. She is a native of
east Tennessee, she [inaudible] Tennessee State University. She
worked at the Department of Justice in more than one capacity,
and she was Assistant U.S. Attorney in Kentucky.
So thank you very much for allowing me this time to express
my support of two nominees for the board of the TVA, two of the
most important positions in our State.
Thank you very much.
Senator Braun. Thank you, Senator.
Senator Blackburn, you are now recognized.
STATEMENT OF HON. MARSHA BLACKBURN,
U.S. SENATOR FROM THE STATE OF TENNESSEE
Senator Blackburn. Thank you, Mr. Chairman.
It is really truly a pleasure and an honor to join Senator
Alexander to introduce to the Committee two nominees for the
board, and also the third nominee, which is to be the Inspector
General for the TVA.
These seats on the board have been vacant for some time, as
Senator Alexander just said. So it is a pleasure to bring
forward these three Tennesseans.
TVA is the largest public power provider in the United
States. Their mission is to provide reliable, low cost power to
the people of the seven State Tennessee Valley region. With
that comes great responsibility to defend the actions that are
scrutinized by the public, much more so than other large
investor owned utilities. The board's mission is to help guide
TVA in a way that helps Tennesseans thrive, especially in rural
areas.
These nominees have had extensive and unique careers that
will provide valuable insight to the TVA board. Dr. Beth
Harwell has nearly three decades of legislative experience, and
most recently made history, being elected as the first female
speaker of the house in the Tennessee General Assembly. Her
work in the legislature with the State's budget will prove
invaluable when making decisions regarding TVA's debt load and
their bond ratings.
As speaker of the house, she helped lead the State of
Tennessee to balanced budgets and a fully funded pension. Also,
she helped lead to a Triple A bond rating.
Dr. Harwell graduated from Lipscomb University and received
her master's and Ph.D. from Vanderbilt University. She
previously taught at Belmont University and is now a visiting
professor at Middle Tennessee State University.
Dr. Harwell, it is such an honor to introduce you.
Brian Noland, who has experience running one of Tennessee's
public universities, will also be a valuable asset on the TVA
board. He became the ninth president of East Tennessee State
University in January 2012, after serving for 6 years as
chancellor of the West Virginia Higher Education System. Under
his leadership, ETSU has undertaken numerous construction
projects across their campus. Past and current major projects
include the construction of a performing arts center,
[inaudible], creation of a research and education center, and
extensive renovation to the university center.
For an industry with massive capital investment, like that
of utilities, his experience in the area will undoubtedly prove
to be an asset for Tennessee. And it is such an honor to bring
him forward.
Katie Crytzer will bring valuable expertise as a Federal
prosecutor to the TVA Inspector General position. After growing
up in Knoxville, she attended Middle Tennessee State University
and received her J.D. magna cum laude from Antonin Scalia Law
School at George Mason University. She went on to clerk for the
U.S. Court of Appeals for the Eighth Circuit, and then
practiced law in our Nation's capital.
Katie then joined the Department of Justice, first as an
assistant U.S. attorney, where she successfully led multiple
complex fraud investigations. She focused on the prosecution of
computer fraud and drug crimes to tackle the opioid epidemic.
She now serves our country as the Acting Deputy Assistant
Attorney General in the Office of Legal Policy. I am delighted
that she is taking over this challenge at TVA. She has great
potential to bring discipline, accountability, and integrity to
the highest levels of leadership at the TVA.
Their debt currently stands at $22 billion, an amount that
has slowly [inaudible] in recent years. I hope the agency
continues to work toward fiscal responsibility and makes more
efforts to reduce that debt under the steadfast leadership of
its new and current TVA leadership.
So thank you, Mr. Chairman, for giving me the opportunity
to introduce these Tennesseans.
OPENING STATEMENT OF HON. MIKE BRAUN,
U.S. SENATOR FROM THE STATE OF INDIANA
Senator Braun. Thank you, Senator Blackburn.
In June 2019, William Kilbride came before this
Subcommittee as we reviewed his nomination for the board of
directors. At the time, I noted my desire to see the TVA
continue to accomplish its dual mandate to serve the best
interests of its customers, also the best interests of the
American people as a whole.
Today the TVA is executing this dual mission by securing
one of the NRC's first early site permits to build a
demonstration small module nuclear reactor at the utility's
Clinch River nuclear site.
Just last month the TVA signed a nuclear research
memorandum of understanding with the University of Tennessee on
advanced reactor technologies. This MOU follows similar
agreements between TVA and Oak Ridge Laboratory.
These developments are encouraging, could be laying the
foundation for what lies ahead in terms of carbon-free electric
generation. If done right, it will hold the potential to
substantially reduce cost and burn more sustainably fuels that
will help the environment.
At the same time, small module reactors promise to operate
more safely than our Nation's already impressive record of
accomplishment in nuclear performance.
However, in order to make sure the TVA stays on track, it
needs a fully staffed, qualified board of directors and a
Senate confirmed inspector general with the independence to ask
hard questions. Accountability, ensuring transparency.
As I highlighted when Mr. Kilbride was before this
Subcommittee, the TVA continues to face challenges with
whistleblower reporting. It is particularly troubling that
recently whistleblowers noted that the TVA has violated
numerous workplace safety requirements and downplayed safety
complaints raised by employees.
Whistleblowers also accuse the TVA of inappropriately
retaliating against those who file such complaints. The NRC is
investigating these incidents, and complaints like these make
it even more critical that the TVA has a Senate confirmed
inspector general.
All of the innovation and investment being made to achieve
market competitive advanced nuclear technology could be
threatened by one safety incident. We cannot take that chance.
I am pleased that the Senate has returned to process your
nominations. In the case of Ms. Crytzer, she has been nominated
to fill an inspector general position that has been vacant for
more than 2 years. It is hard to believe, more than 2 years.
Given both the enormous opportunities and challenges facing
the TVA today, I look forward to today's hearing and getting
each of you confirmed and in place as quickly as possible.
Now I would like to recognize Ranking Member Senator
Whitehouse for his opening statement.
Senator.
OPENING STATEMENT OF HON. SHELDON WHITEHOUSE,
U.S. SENATOR FROM THE STATE OF RHODE ISLAND
Senator Whitehouse. Thank you, Mr. Chairman.
To all the members of the Subcommittee and to the nominees,
welcome.
Last Congress, this Subcommittee helped clear five new
members onto the Tennessee Valley Authority. This Congress, we
have already filled one board vacancy, and today we hear from
two additional nominees to fill the final two vacancies. We
will also hear from the nominee to fill the important role of
Inspector General.
In these challenging times, public utilities, including the
TVA, have a big role to play in ensuring that the American
people have affordable electricity. The TVA has been providing
cheaper and cleaner energy for its customers during the
economic fallout of this pandemic. In fact, the TVA notes that
energy costs for consumers were 4 percent lower in the first
part of this year compared to last. The Authority's chief
financial officer reports most of this decline in cost is
attributable to the TVA adopting clean sources of energy, like
renewables and nuclear.
I am very glad to work with Chairman Braun on the NRC
issues that have helped pave the way for new nuclear
technologies.
What TVA has done is no small feat. Nearly 60 years ago,
the TVA derived more than two-thirds of its power from coal. In
the first half of this year, that proportion had fallen to 12
percent. That means that TVA got more power from renewables
than coal during the first 3 months of 2020. At one point, TVA
actually shut down all its coal plants, because it didn't need
them.
The Institute of Energy, Economics, and Financial Analysis
has observed this trend across the United States during the
pandemic: Electricity from clean energy sources exceeding that
of coal for a record 40 straight days. And contrary to what
some think will happen as we expand renewables on our grid,
there has been no significant interruption in service for
consumers.
This brings me to my two points today. First, the Authority
must remain a non-partisan and independent regulator. In recent
years, the TVA has voted to close its old, polluting resources
despite political pressure from the Trump administration and
Kentucky Republicans to keep them open. The TVA must be guided
by the facts and the interests of its consumers, not by
political pressure.
I hope to hear a strong commitment from the nominees today
that your regulatory decisions will honor those priorities.
Second, given the Authority's history and unique public
charter, it should take particular care to avoid the fossil
fuel industry's anti-climate efforts. I would like to hear a
commitment that the nominees will work to ensure that the
Authority won't fall victim to the fossil fuel industry's long
campaign against climate action and clean air regulations.
I note that President Noland is here from East Tennessee
State University, where they don't just believe in climate
change, they teach climate science. So I appreciate that very
much.
The push toward clean, cheap energy requires independent
and clear thinking. As the Nation's largest public utility, the
Authority leads the way, and it should continue to do so.
Regulators are there to ensure that prices are fair to
consumers, and rates and rules are not compromised in the
service of special interests.
I look forward to hearing from the witnesses, and thank
you, Chairman Braun.
Senator Braun. Thank you, Senator.
I will now recognize each of you for 5 minutes of your
opening statement. I want to remind you that your written
testimony will be part of the record. We look forward to the
testimony.
Dr. Harwell, you may begin.
STATEMENT OF BETH HARWELL, NOMINEE TO BE A MEMBER OF THE BOARD
OF DIRECTORS, TENNESSEE VALLEY AUTHORITY
Ms. Harwell. Chairman Braun, Ranking Member Whitehouse, and
distinguished members of the Committee, my name is Beth
Harwell, and I have the great honor of being nominated by
President Trump to the Tennessee Valley Authority Board of
Directors.
As a young girl growing up in Pennsylvania, I became
fascinated with the televised Watergate hearings. I would watch
them for hours with my grandmother. It was during that time
that I became interested in government and public service.
Never, though, did I dream that one day I would be sitting
before a U.S. Senate committee myself. So it is an honor and
privilege to be here today, and I thank you for giving me this
opportunity.
I especially want to thank Senator Lamar Alexander and
Senator Marsha Blackburn of my home State of Tennessee for
supporting my nomination to the TVA board.
By way of introduction, I have lived in Nashville,
Tennessee, since the age of 16 when I moved there to attend
David Lipscomb University. In the following decades, I worked
as a faculty member at a local university, ran for a seat in
the State House, raised a family, served as the chair of the
Tennessee Republican Party, and ultimately was elected speaker
of the Tennessee House of Representatives. As speaker, I worked
every day to improve the lives of Tennesseans, very similar to
the mission of TVA, ``to make life better for the people of the
Tennessee Valley.''
In fact, the three areas of focus of the TVA--energy,
environment, and economic development--are ones in which I have
worked and led on throughout my time in the Tennessee
legislature.
I have traveled our great State many times over, and I have
seen firsthand TVA's impact on counties and cities. I know what
it means to residents of a rural county in west Tennessee to
land a new business thanks to TVA's assistance.
For many years, my family and I have enjoyed boating on TVA
lakes, thanks to TVA's commitment to clean and safe water. I
have attended meetings at the TVA headquarters and always come
away with a greater understanding of and appreciation for the
scope of the organization's work.
With my deep knowledge of State government and an extensive
network of contacts across Tennessee and other TVA States, I am
confident I could be helpful in the board's work.
Before closing, I would like to pivot to one other point
that I think is important for you to know. At my core, I am a
fiscal conservative. I firmly believe that strong fiscal
management is a path to investment and opportunities.
As speaker, I presided over eight consecutive balanced
budgets. When we discovered that our pension plan was not
financially sustainable, we reformed the system, and today, the
Tennessee Consolidated Retirement System is regarded as one of
the healthiest pension plans in the Nation.
I share these experiences with you because I will bring
that same sense of fiscal responsibility to my work as a TVA
board member. The 9 million people in the Tennessee Valley
should expect and deserve no less than this from a board
member.
TVA plays an important role in the States in which it
operates, and I would be grateful for the opportunity to work
with other board members to advance its work during these very
challenging times.
Thank you again for this opportunity to be with you today
and for your consideration of my nomination. I would be happy
to answer any questions.
[The prepared statement of Ms. Harwell follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Senator Braun. Thank you, Dr. Harwell.
Dr. Noland.
STATEMENT OF BRIAN NOLAND, NOMINEE TO BE A MEMBER OF THE BOARD
OF DIRECTORS, TENNESSEE VALLEY AUTHORITY
Mr. Noland. Chairman Braun, Ranking Member Whitehouse, and
members of the Committee, thank you very much for the
opportunity to appear before you today.
I am honored to have been nominated by the President to
serve on the Tennessee Valley Authority Board of Directors. I
would like to thank Senator Alexander, as well as Senator
Blackburn, for their support, and to all of you for taking the
time today to consider my nomination.
In 2012, I had the privilege of moving my family to east
Tennessee, back to an area where our family has deep roots, to
serve as the president of East Tennessee State University.
Having spent my entire professional career in higher education,
I was honored to be given the opportunity to serve a university
community in its chief executive officer position, providing
strategic vision for that institution.
Not only was I drawn to ETSU because of our connection to
the region, but I was also drawn by our school's founding
mission in 1911 to improve the quality of life for the people
of the Appalachian Highlands, a segment of TVA's service area.
In 1933, when TVA was formed, it also had a similar mission
to improve the quality of life for the people of the Tennessee
Valley. Watching this mission play out on a daily basis across
my region gives me promise for the opportunities on the horizon
for TVA to continue to fulfill its mission to improve the lives
of the more than 10 million individuals in our service area.
This shared mission and the understanding of how this mission
can be implemented has provided me with integral insights into
setting a strategic vision for the TVA as a member of its Board
of Directors.
As I look across my region of east Tennessee, it is evident
that TVA has been committed to this mission throughout its
history, and has honed its mission as things have evolved. With
longstanding ties to the region in which I live, I have
witnessed the firsthand the impact TVA has on its citizenry,
not only in terms of providing energy resources, but through
river and land management, recreational activities, and
economic development.
Having lived and worked in the State of West Virginia, a
State with similar rural communities with similar challenges, I
can attend to the benefits that the TVA has provided to the
rural communities in our State and each of the States that the
TVA calls home. For TVA, economic development is an inherent
part of its mission.
Economic development is also an inherent part of the
mission of higher education, for we are a driver to train and
educate the work force. I was called into a career in higher
education, because I believe deeply in the value that education
can provide our society to better all. That passion goes simply
beyond providing an education, but it is ensuring that students
have the opportunity to practice their newly developed skills
in fulfilling and rewarding careers. This happens through the
work of economic development.
Through TVA's investments of more than $11 billion, they
have created 65,000 jobs in 2019 alone. That is a testament to
the continued work in this space.
Another privilege of serving in higher education is that I
have been able to gain a deep appreciation of the impact that
research and innovation can have on our society. Research and
innovation drives businesses, industries, healthcare
facilities, production companies, and energy providers.
Research is the innate work of higher education, for it helps
to advance our society and continues to improve the lives of
others.
This work is no different in the energy sector in which we
continually seek ways to improve energy production, develop new
energy sources, and enhance the use of energy. TVA is
instrumental in energy enterprise research and technology
across the Tennessee Valley.
Serving as president of a major public university and
engaging with colleagues across the State, I have gained a deep
appreciation and insight into the needs of Tennesseans, and
Tennessee encompasses TVA's largest single service area by
State.
I believe my background and experience has prepared me for
the challenge and responsibility of joining the TVA board.
Mr. Chairman and members of this Committee, I welcome the
opportunity to be considered to serve on the TVA Board of
Directors and to assist the TVA to continue to fulfill its
mission of service to the people of the Tennessee Valley.
I appreciate your consideration of my nomination, and thank
you, once again, for the opportunity to be here today. I look
forward to the opportunity to address questions.
Thank you, Mr. Chair.
[The prepared statement of Mr. Noland follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Senator Braun. Thank you.
Ms. Crytzer.
STATEMENT OF KATHERINE CRYTZER, NOMINEE TO BE INSPECTOR
GENERAL, TENNESSEE VALLEY AUTHORITY
Ms. Crytzer. Chairman Braun, Ranking Member Whitehouse, and
distinguished members of this Committee, thank you for the
opportunity to appear before you today and for making today's
hearing possible under the circumstances.
I would also like to thank the President for nominating me
to serve as the Inspector General of the Tennessee Valley
Authority. I am honored.
I am grateful to Senator Alexander and Senator Blackburn
for their support of my nomination. For decades, Senator
Blackburn and Senator Alexander have fought hard for
Tennesseans, and it is both humbling and inspiring that they
have placed their trust in me to do the same.
I would also like to thank my family, friends, and
colleagues for their support. First and foremost, I want to
thank my husband, Joe Oliveri. Joe is a brilliant lawyer and my
rock.
I also specifically want to thank my mother, Karen Crytzer,
who is watching this hearing electronically from our family
home in Knoxville, Tennessee. My mom is a strong woman, and she
is the most bighearted person I know.
I also want to recognize my father, Jim Crytzer, who passed
away unexpectedly 6 years ago. My father was an auditor, first
for the Army and then for the Office of Inspector General at
the Department of Energy in Oak Ridge, Tennessee.
My family moved to Tennessee 25 years ago, and no matter
how far I have traveled away since then, I have always come
home to east Tennessee.
Growing up, my parents instilled in me and my siblings a
respect for service, the importance of integrity and fair
dealing, and a steadfast appreciation for precision and
details. Those are important values that continue to guide my
life and work today.
For the last 6 years, I have had the privilege of serving
at the Department of Justice. For me, public service is a
higher calling. The day I was sworn in as an Assistant United
States Attorney is one I will not forget. That day, in front of
my colleagues, I took a solemn oath to support and defend the
Constitution of the United States. I committed to doing
justice.
Every day in my work at the Department, I strive to be
independent and objective, to do justice. As an AUSA, I led
criminal and civil fraud investigations and audits in a fair,
impartial, and meticulous fashion. We followed the facts where
they led us and applied the relevant law to the facts as we
found them, without interference or favor.
In my office at the Justice Department, I keep a piece of
paper posted above my computer. That piece of paper reads:
``Far and away the best prize that life offers is the chance to
work hard at work worth doing.'' President Theodore Roosevelt
delivered these words in 1903, before the Tennessee Valley
Authority was created, but they still ring true today. Those
words stand as a constant reminder to seek out the hard work
that is truly worth doing.
That is what led me to serve at the Department of Justice,
and it is what brings me here today. In the Tennessee Valley
Authority Act, Congress charged the TVA with a unique mission,
to improve the quality of life for the people of the Tennessee
Valley through technical innovation, the provision of low cost
power, and environmental stewardship. TVA's effectiveness
depends on public trust. That trust must be earned and
maintained. It can be lost forever on any day, at any moment.
By conducting rigorous oversight, the Office of Inspector
General plays a critical role in ensuring that the TVA
continues to foster and earn the public's trust. I would be
honored to lead the Office of Inspector General's crucial work
to prevent and detect waste, fraud, and abuse within TVA.
If I am fortunate enough to be confirmed, I will remain
independent and impartial in my undertakings, including audits,
evaluations, and investigations. I will act with integrity and
be a fair and honest dealer. I am committed to the rule of law.
I promise to work hard to make the Tennessee Valley
Authority more efficient, effective, and accountable, so that
it can make life better for the people of the Tennessee Valley,
my family included. To return to the words of President
Roosevelt, that is certainly work worth doing.
Thank you again for the opportunity to appear before you
today. I appreciate your consideration of my nomination, and I
look forward to answering your questions.
[The prepared statement of Ms. Crytzer follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Senator Braun. Thank you.
Before we take questions from members of the Subcommittee,
I have to ask the following questions that we ask of all
nominees on behalf of the Committee.
Do you agree, if confirmed, to appear before this Committee
or designated members of this Committee and other appropriate
committees of the Congress and provide information, subject to
appropriate and necessary security protection, with respect to
your responsibilities?
Ms. Harwell. Yes, sir.
Ms. Crytzer. I do.
Mr. Noland. I do.
Senator Braun. Do you agree to ensure that testimony,
briefings, documents, and electronic and other forms of
information are provided to this Committee and its staff and
other appropriate committees of jurisdiction in a timely
manner?
Ms. Harwell. Yes, sir.
Mr. Noland. Yes, sir, I will.
Ms. Crytzer. I do.
Senator Braun. Do you know of any matters which you may or
may not have disclosed that might place you in any kind of
conflict of interest if you are confirmed?
Ms. Harwell. No, sir.
Mr. Noland. No, sir.
Ms. Crytzer. No.
Senator Braun. Thank you for the responses.
I will begin the questioning by recognizing myself for 5
minutes.
The first question will be for Dr. Harwell, after I go
through this opener.
As I noted during my opening statement, the TVA has
received one of the first early site permits from the U.S.
Nuclear Regulatory Commission to construct a small modular
nuclear reactor. This permit marks a milestone in our Nation's
efforts to deploy advanced nuclear technologies.
Question for Dr. Harwell. How should the TVA, as a Federal
organization, support innovative Federal infrastructure
projects while providing reliable, affordable, clean energy to
TVA ratepayers?
Ms. Harwell. Sir, thank you for the question. TVA does in
fact have a very diverse portfolio. As you mentioned, nuclear
energy plays a very important role in that. You mentioned the
permits that have been issued, and I think they continue to
lead the way in not only investment but innovation to bring new
technology and also make sure that technology is safe, always
within the back of their minds what is best for the ratepayers.
Senator Braun. Thank you.
Dr. Noland, do you believe that the TVA has an obligation
to continue leading the energy sector in making these
investments?
Mr. Noland. Mr. Chair, I do. I feel that it is important
that the TVA continue work to diversify its portfolio
deliverables. Central to that is work within the nuclear space.
There are a number of innovations that are underway. You have
referenced the opportunity for modular reactors. If confirmed
to the board, I look forward to the opportunity to help lead
those efforts and be a part of that strategic perspective
envisioned from the board.
Senator Braun. A follow up question for each one of you
before I get to Ms. Crytzer. How long do you envision until we
will have the first modular advanced nuclear reactor up and
running in your grid?
Ms. Harwell. Senator, I appreciate the question. I am not
sure that I am capable of answering that question. But I know
that the sooner, the better.
Mr. Noland. Mr. Chair, I concur with that response. I do
not have the particulars related to that matter. But I am
confident that staff will push forward with due speed.
Senator Braun. Very good.
Ms. Crytzer, the TVA Inspector General is a unique role, as
a nominee is tasked with ensuring the agency is meeting both
the needs of local ratepayers, but also serving the best
interests of the Nation as a whole. Your experience prosecuting
fraud cases as the Assistant U.S. Attorney in Kentucky gives
you a perspective from the other side of these investigations.
The first question is, how does your experience as an Assistant
U.S. Attorney prepare you particularly for this role?
Ms. Crytzer. Senator, one of the most important things
about the Inspector General position is its transparency, its
objectiveness, and its independence. As an Assistant United
States Attorney, I was able to practice all three of those
qualities in working investigations through indictment and
ultimately to prosecution.
Senator Braun. Are there any particular cases in your span
of time that come to mind that would be especially applicable
to what you see ahead in this role?
Ms. Crytzer. Senator, one investigation, it was actually
the last case that I tried before coming to the Department of
Justice to work, was the case United States v. Lonnie Hubbard.
I think it is a good example of how in the U.S. Attorney's
office, you have a multidisciplinary approach. For that
investigation, we had auditors, investigators, we had special
agents. We even had folks from the pharmacy board working with
us.
We took that case from a large set of facts, spreading
really from Ohio down to Florida, and figured out how to put
that case together, how to charge that case, and how to be
effective in stopping the bad conduct that was ongoing.
Senator Braun. Thank you.
Senator Whitehouse.
Senator Whitehouse. Thanks, Chairman Braun, and thanks to
all the witnesses for being here. I appreciate it.
To follow up on Senator Braun's questions about nuclear
power, one of our goals--as you may know, this is the
Environment and Public Works Committee--that has pushed very
hard and worked in very bipartisan fashion to reform the
Nuclear Regulatory Commission, so that innovative nuclear
strategies can be approved and cleared and brought online
safely.
One of our goals in doing this together has been to work
toward technologies that present the prospect of allowing us to
re-use nuclear waste, spent nuclear fuel. Now, because the TVA
has had old line nuclear plants online for some time, it has
nuclear waste stored at two of its facilities. I wanted to flag
for both President Noland and for Speaker Harwell that I think
in most accounting, that would be a pretty significant
liability as you are developing nuclear technologies for TVA
and encouraging the development of those technologies.
I hope that you will keep an eye on the prospect for the
latest generation of nuclear technologies, to actually take
that waste on your facilities and turn them into a valuable
electricity providing product.
Ms. Harwell. I would certainly do that, to be committed to
that.
Mr. Noland. I would also be committed to that, and look
forward to learning more about that technology.
Senator Whitehouse. Another concern that I have is that
particularly around the State House and around Congress, the
fossil fuel industry kind of can't help itself but to try to
meddle politically, even in market decisions. I would like to
have both of the two board members' assurances that if the
fossil fuel industry comes peddling political schemes that are
not in the best interests of the TVA ratepayers, do not
contribute to security and low rates, that they will not be
treated favorably by you as a board member.
Ms. Harwell. I will commit to that, sir.
Mr. Noland. You also have my commitment, and would note the
fact that TVA has pledged to hold rates constant through the
close of this decade. Much of their ability to do so is their
focus on efficiencies and a diversified portfolio.
Senator Whitehouse. Yes, and I think the risks that come
with continuing to release carbon emissions are ones that will
have effect throughout the TVA service area if we don't get
ahead of it. It is usually kept off the books, it is what is
called a negative externality in economics talk. But I hope
that as board members, you will be aware of negative
externalities as well as things that are formally on your
books.
Ms. Harwell. Yes, sir.
Mr. Noland. Yes, sir.
Senator Whitehouse. And Ms. Crytzer, welcome. I did a few
years in the Department of Justice as our United States
Attorney. So I am glad to see somebody from the Department of
Justice in this position.
Unfortunately, in this Administration, we are seeing a
very, to me, concerning view of what an inspector general is
supposed to be. As soon as one becomes the least bit difficult
or controversial, they seem to be run out the door, sending a
message to all inspectors general to go along to get along.
It is not my view that the role of inspectors general that
they are there to go along to get along, particularly
politically. They are there to do a hard job, answer difficult
questions, investigate fairly, and get good results for the
ratepayers and for the board.
Do you agree with that sentiment, and do you have any
concerns about the way the Administration is treating
inspectors general, specifically when you allow that treatment
to pull you back in the performance of your duties?
Ms. Crytzer. Senator, as I mentioned earlier to Chairman
Braun, one of the most important qualities for an inspector
general is that he or she be independent and objective. It is
right there in the Inspector General Act. If I were fortunate
enough to be confirmed, I intend to do my job independent and
objectively, without any undue influence.
Senator Whitehouse. Let me close out my time with a word
about Senator Alexander, who supported all of your nominations.
He has been instrumental in all of the TVA nominations during
the 10-plus years that I have been in the Senate. I suspect,
given the timing, that you will be the last TVA nominees that
Senator Alexander has this role in supporting, because of his
announced retirement from the Senate.
I just wanted to take a moment to say that it has been a
pleasure working with him. He is a man of great honor and
dignity. I think he has served the country and the TVA well
with people who he has recommended and supported. So on this
occasion, for Senator Alexander, a compliment from his friend,
and best wishes.
Senator Braun. Thank you, Senator.
Senator Boozman.
Senator Boozman. Thank you, Mr. Chairman. I want to echo
what my friend, Senator Whitehouse, said about Senator
Alexander and the fact that he has worked so hard in regard to
this agency. It is so important for that region of the country.
Coming from Arkansas, adjacent, I understand the
significance in everything it does. Again, I also want to
commend Senator Alexander for all he has done through the years
in a very, very positive way. Not only with that issue, but so
many others.
Ms. Harwell, tell me, now, my experience is that things
work best when the Federal Government gets along with the
people they serve, local government and all the stakeholders.
You have had a lot of experience in State government. Tell me
how you feel like that you are in a position to do that in a
good way.
Ms. Harwell. Thank you, Senator. Indeed, my experience as
both a House member and then speaker of the House led me to
understand just how important it is to have a good working
relationship with not only Federal officials, but certainly
other State officials, and then that government that is closest
to the people, the county and city officials.
So throughout my time in service in State government, I
have prided myself on having a good working relationship with
my colleagues in government.
Senator Boozman. Good.
Ms. Harwell, Mr. Noland, TVA has a responsibility to the
region it serves to continue to provide reliable, affordable
electricity. That is balanced out, though, with maintaining
high standards with regard to the environment, continuing to
manage all the resources under their care in a professional,
responsible manner.
How do you see TVA balancing keeping rates low, while still
providing safe and reliable electricity?
Mr. Noland. Senator, I think the work that TVA has put in
place over the course of the past couple of years chart a path
forward for the future. TVA has made a commitment to ensure
that it does not increase rates for the remainder of the
decade. It has also put in place a series of accountability and
stewardship elements that are central to the activities of the
board.
As board members, we help to frame and shape a vision for
the organization, and then to hold its executives accountable
for moving in that direction. I look forward to being a part of
that, to learning more about those opportunities.
But I have also had the direct opportunity to see the
benefits of TVA up close and personal. The economic development
work that occurs in our area is central to the future of rural
communities all across the south. I also have had the chance to
benefit personally from the amenities of many of the
recreational opportunities that affords.
All those elements together create an entity that is vital
for the future of our region of this country.
Senator Boozman. Thank you.
Ms. Crytzer, I really don't have any questions for you, but
I did enjoy visiting with you and talking to you at length
about your responsibilities in the future. I appreciate you, I
appreciate Ms. Harwell and Mr. Noland, for your willingness to
serve.
This is something that, these aren't glamorous positions.
But they are so, so very important, and really the underpinning
of our economy, the underpinning of the region, of that part of
the country.
So we do appreciate your service and your willingness to
serve, and look forward to supporting all of you as we go
forward through the process.
Ms. Crytzer. Thank you, Senator.
Senator Boozman. Thank you.
Senator Braun. Thank you, Senator Boozman.
Senator Carper.
Senator Carper. Thanks, Mr. Chairman.
I can just barely see you out there.
[Laughter.]
Senator Carper. Any of you from Tennessee, is that what I
understand?
My wife grew up in Boone, North Carolina, in western North
Carolina. She owns, we own, a farm in Zionville, North
Carolina. If you drive west out of Boone, you drive into
Tennessee, turn around and come back into North Carolina, you
go to her farm. She went to Appalachia State as an
undergraduate and University of Tennessee for graduate school.
So we feel some kinship to all of you.
I thank you for your willingness to take on these
responsibilities, which I think are important responsibilities.
I must say, in terms of the kind of progress that has been made
at TVA with respect to the mix of energy sources that they rely
upon, and they still produce some electricity, as we know, with
coal and fossil fuels, but a whole lot with hydro and a growing
amount, still quite a bit with nuclear, which I think is
appropriate. But some growing commitment and investment in
renewables, too.
Let me just ask, if I can, Ms. Harwell, I feel like I
should call you Speaker. People ask me what they should call
me, I have been a treasurer, Congressman, Governor, Senator,
and retired Navy captain. People ask me what they should call
me, and I say, ``Excellency.''
[Laughter.]
Senator Carper. So what should people call you?
Ms. Harwell. Senator, Ms. Harwell is just fine.
Senator Carper. All right, Ms. Harwell. If you had to say
there is one overarching goal that you would have if confirmed
to serve, what would be something you would be thrilled to be
able to accomplish as a member of this body?
Ms. Harwell. Well, I think it would mean a great deal to me
to ensure that TVA keeps heading in the right direction,
trending the right way when it comes to its fiscal house. If
you don't have your financial house in order, it is hard for
you to live up to your other opportunities that would exist.
So I am pleased that they have a plan both for debt
reduction and to reform their pension program. It would be my
commitment as a board member to monitor that, and I would be
very pleased to see TVA continue to get sounder footing in its
financial conditions.
Senator Carper. Dr. Noland, same question. What would be,
at least initially, your greatest desire to accomplish, be part
of accomplishing?
Mr. Noland. Senator, thank you for that question. I enjoyed
our conversation the other day, with the story of your
``Excellency'' title.
Senator Carper. As did I.
Mr. Noland. With respect to an overarching goal, it would
be the opportunity to play a small role in the continuation of
the mission of the TVA to improve the quality of life for the
people of our region.
As you look across the rural south, there are communities
that are being left behind in a rapidly changing economic
world. The opportunity for TVA to play a role in economic
development, job recruitment, and business expansion in rural
areas of the south is something that I would look forward to
the opportunity to play a small role in.
Senator Carper. All right, thank you.
Ms. Crytzer, if I could, how are you today? Welcome. Very
nice to see you.
In recent weeks, our President has fired or removed, I
think, a number of inspectors general who were investigating
his Administration. His actions, for me at least, send a
troubling message to the remaining inspectors general that we
have. They play an important role, as you know, in the system
of checks and balances on which literally our democracy relies.
In the last 2 months, I think the President has fired the
IG for the Intelligence Committee, Michael Atkinson, for his
involvement with the Ukraine whistleblower complaint. He has
replaced the Acting Defense Department IG, Glenn Fine, who was
highly regarded. He was voted, in fact, by his peers to chair
the Watchdog Panel overseeing the COVID-19 stimulus funds, but
he fired him.
The President has replaced the Acting Inspector General for
the Department of Health and Human Services, Christi Grimm,
soon after she released her report on COVID-19 hospital supply
shortages and testing delays. And he announced, just this past
Friday night, he was firing the Inspector General of the State
Department, Steve Linick, reportedly for opening an
investigation into whether Secretary Pompeo and his wife were
using State Department employees inappropriately.
So I would have a question for you, not a trick question,
but just looking for an honest answer. I have these core values
that sort of guide me in my life, you probably do, too. And for
me, the first one is, figure out the right thing to do, and not
what is easy, not what is expedient, but what is right, and
just try to do what is right.
The second is, embrace the Golden Rule, treat other people
the way we want to be treated. The third is focus on excellence
in everything we do, if it isn't perfect, make it better.
Finally, just don't give up. Just don't give up.
And with respect to--different people have different views
of what is right or wrong, but I would--I don't mean to put you
on the spot, but honestly tell us, do you think it is OK to
remove inspectors general from their jobs simply because they
aggressively and independently pursue evidence of wrongdoing,
even if that wrongdoing is conducted at the highest political
levels?
Ms. Crytzer. Senator, the most important aspect of an
inspector general is that someone be independent and objective.
I don't know the full situation for each of those instances
that you have mentioned. But what I can commit to you today is
that if I am fortunate enough to be confirmed, I will do my job
to the best of my abilities, consistent with the Inspector
General Act, and that includes independence and objectivity.
Senator Carper. Good. Just another similar question, just
to go down that path a little further. Do you think it is OK
for the President to subject inspectors general to public
attacks on their credibility, on their independence, on their
professionalism, simply because the report information that is
inconsistent with the President's narrative?
Ms. Crytzer. Senator, again, I am not familiar with all the
facts in the situation that you have just mentioned. But what I
can tell you is that if I were fortunate enough to be
confirmed, I would do this job objectively and with
independence. And I wouldn't let undue influence affect the way
that I do my work.
Senator Carper. OK.
Back to Dr. Harwell and Dr. Noland. I have been on this
Committee now for 19 years. I have always encouraged folks who
have been nominated to serve on TVA to endeavor to make TVA an
industry leader when it comes to clean energy, energy
efficiency, and safety.
Last year, TVA reported that it was on target to reduce
carbon emissions by 70 percent from 2005 levels by 2030,
without ``impacting reliability or adversely increasing power
rates.'' That is a laudable goal.
But I challenge TVA to go even further. Our Nation needs to
be at what we describe as net zero emissions by no later than
2050, or we are not going to meet the climate goals that are
set for us and for our planet.
I don't ask a lot of yes or no questions, but I will ask
both of you a yes or no question. That would be, if confirmed,
do you commit to continuing clean energy investments and
ensuring that TVA is a national leader in technological
innovation and environmental stewardship? Yes or no.
Ms. Harwell. Yes, sir, I will.
Senator Carper. Thanks very much.
Mr. Noland. Senator, yes, sir, I will.
Senator Carper. All right, thanks very much. TVA's 2019
integrated resource plan calls for a significant expansion in
solar energy of up to 14 gigawatts by 2038. You all will still
be serving, I am sure, on the TVA then. So this is germane. If
confirmed, do you commit to fostering and supporting solar
investments in the Tennessee Valley and at TVA? And if so, how
might you do that?
Dr. Noland, would you like to go first?
Mr. Noland. Senator, thank you for that question. I would
echo your comments regarding the positive directions of that
commitment. In fact, there was a story in the Johnson City
Press earlier this week that talked about the first TVA solar
farm in Washington County, which is the county that I call
home.
At our institution, there are more than five buildings on
our campus that have solar panels on the roofs, so that
demonstrates my personal commitment to renewable energy, all of
which have been installed during my tenure as president. I
would look forward to taking those local initiatives across the
areas served by the TVA.
Senator Carper. OK.
Same question for Dr. Harwell.
Ms. Harwell. Yes, sir, I would commit to that, with always,
in the back of my mind, concern for the ratepayers.
Senator Carper. How would you go about doing that? I
appreciate the commitment. But how might you go about doing
that?
Ms. Harwell. Well, I think the TVA has taken the first step
by holding rates steady for a decade, especially during this
very challenging time. That is important.
Senator Carper. When I say doing that, I asked you if you
would be committed to fostering and supporting solar
investments in the Tennessee Valley, TVA, that is what I asked.
The question was, how would you go about doing that?
Ms. Harwell. Well, I think it is new, it depends on the
geography, the area that we are talking about. But I certainly
think that I would commit to encouraging the staff to look into
the possibilities of expanding solar energy.
Senator Carper. All right, thank you.
Dr. Harwell, let me just ask one more question. Dr.
Harwell, do you question the conclusions of the issued Fourth
National Climate Assessment, and also GAO reports that state
our economy is at risk if we do not take climate actions? And
if so, why?
Ms. Harwell. I do believe that the climate is changing, and
I do think that we need to be aware of it, and further
scientific study needs to be enacted. But I am committed, as I
believe the TVA is, to lower their emissions.
Senator Carper. All right, thank you.
Mr. Chairman, I think my time has expired.
What do you think, more than expired?
Senator Braun. I gave you a lot of time.
Senator Carper. You really did, I am grateful. Thanks so
much. I owe you one.
Senator Braun. You are welcome.
Senator Carper. Thank you all.
Thank you.
[The prepared statement of Senator Carper follows:]
Statement of Hon. Thomas R. Carper,
U.S. Senator from the State of Delaware
Thank you, Mr. Chairman, for convening this hearing and
continuing the conversation we began during our hearing on this
very topic in April 2018, less than a year ago. The subject is
particularly timely now, given recent actions by the Trump
administration.
The Clean Air Act requires EPA to partner with States to
address air pollution, especially air pollution that crosses
State borders. The Act ensures all States are good neighbors
when it comes to clean air.
These protections are critical for my home State of
Delaware because our State is located at the end of what I call
``America's tailpipe.'' This means that other States' dirty
emissions from cars and power plants drift east into our State
and other downwind States. This cross-State air pollution makes
it impossible for Delaware to meet national health air
pollution standards without the cooperation of upwind States
and the EPA.
However, instead of working with States on solutions to our
clean air problems, Administrator Wheeler's EPA has actually
made it more difficult for States, especially downwind States,
to meet clean air goals.
For example, Wheeler's EPA has rejected 126 Clean Air Act
petitions filed by three States--Delaware, Maryland, and
Connecticut--that ask EPA to require upwind power plants to
install, or consistently operate already installed, pollution
controls.
Furthermore, Administrator Wheeler's EPA is cutting State
air program funding, weakening enforcement and rolling back
critical clean air protections that will exacerbate the ongoing
air pollution confronting our States. Here are just three
examples of such rollbacks.
First, Administrator Wheeler told members of this Committee
in January that, ``no one wants a 50-State deal more than I
do,'' when asked about negotiating a ``win-win'' compromise on
vehicle fuel economy and greenhouse gas standards with
California. But 2 weeks ago, EPA walked away from even the
pretense of negotiations, despite being asked by every single
automaker, utilities, auto parts suppliers, and others to
strike a deal.
Second, last September, Administrator Wheeler signed a
proposal at the behest of the oil and gas industry to repeal
basic rules requiring them to control leaking methane gas.
Administrator Wheeler's own proposal states the rollback would
increase leaking methane by 380,000 short tons, increase
leaking volatile organic compounds by 100,000 tons, and also
result in 3,800 tons of leaking hazardous air pollution.
The proposal says EPA ``expects [the proposal] may degrade
air quality and adversely affect health and welfare,'' but EPA
has declined to quantify the negative health effects or
determine how many people will be affected. EPA has also
declined to determine how this proposal will affect States'
ability to meet air quality standards.
So EPA is admitting its methane rollbacks will increase air
pollution, but leaves States in the dark on how this additional
pollution will harm their constituents and whether it will push
them into nonattainment or not.
Third, in the eleventh hour before the Government shutdown
in December 2018, Administrator Wheeler signed a proposal that
guts the legal foundation of the Mercury and Air Toxics
Standards--also known as the MATS rule. Using outdated data,
EPA decided that some benefits, like reductions in cancer,
birth defects, and asthma attacks, are no longer important for
the agency to count, and proposed action that puts the MATS
rule in legal jeopardy. Undermining the MATS rule could result
in installed mercury and air toxic control technology to be
turned off, putting downwind States at particular risk.
Every stakeholder--from the coal fired utilities who comply
with the rules, to religious leaders, to health experts, to
environmental organizations, to the Chamber of Commerce--have
urged this Administration not to take this step. Administrator
Wheeler has so far ignored these pleas to keep the MATS rule in
place and effective.
These are just three examples of EPA's rollbacks of clean
air regulations that will likely result in increased air
pollution across this country. There are many more that I've
not mentioned today. It's clear that these rollbacks harm our
air quality and public health, yet EPA refuses to model any of
those negative effects.
So we have a situation in which Administrator Wheeler's EPA
is denying downwind States' efforts to hold upwind States
accountable for their own air pollution and expanding air
pollution that crosses State borders, while taking away
critical financial tools and programs that help States address
pollution.
Cooperative federalism means cooperation between the
Federal Government and the States to solve problems. As we will
hear today, many States are not receiving much cooperation from
this Administration. Instead, States are finding themselves
without a Federal partner in addressing these serious problems.
We may have changed Administrators, but clearly, we have
not eliminated the problems with this Administration.
I look forward to today's hearing.
Senator Braun. If there are no further questions for today,
members may also submit follow up questions for the record by 4
p.m. on Friday the 22nd. The nominees should respond to those
written questions by 4 p.m. on Thursday, May 28th.
I want to thank you all for the willingness to appear
before this Subcommittee today.
This hearing is adjourned.
[Whereupon, at 3:59 p.m., the hearing was adjourned.]