[Senate Hearing 117-402]
[From the U.S. Government Publishing Office]
S. Hrg. 117-402
HEARING ON THE NOMINATIONS OF ANNIE CAPUTO AND BRADLEY R. CROWELL TO BE
COMMISSIONER OF THE NUCLEAR REGULATORY COMMISSION
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HEARING
before the
COMMITTEE ON
ENVIRONMENT AND PUBLIC WORKS
UNITED STATES SENATE
ONE HUNDRED SEVENTEENTH CONGRESS
SECOND SESSION
__________
JUNE 8, 2022
__________
Printed for the use of the Committee on Environment and Public Works
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Available via the World Wide Web: http://www.govinfo.gov
______
U.S. GOVERNMENT PUBLISHING OFFICE
48-912 PDF WASHINGTON : 2022
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
ONE HUNDRED SEVENTEENTH CONGRESS
SECOND SESSION
THOMAS R. CARPER, Delaware, Chairman
BENJAMIN L. CARDIN, Maryland SHELLEY MOORE CAPITO, West
BERNARD SANDERS, Vermont Virginia,
SHELDON WHITEHOUSE, Rhode Island Ranking Member
JEFF MERKLEY, Oregon JAMES M. INHOFE, Oklahoma
EDWARD J. MARKEY, Massachusetts KEVIN CRAMER, North Dakota
TAMMY DUCKWORTH, Illinois CYNTHIA M. LUMMIS, Wyoming
DEBBIE STABENOW, Michigan RICHARD SHELBY, Alabama
MARK KELLY, Arizona JOHN BOOZMAN, Arkansas
ALEX PADILLA, California ROGER WICKER, Mississippi
DAN SULLIVAN, Alaska
JONI ERNST, Iowa
LINDSEY O. GRAHAM, South Carolina
Mary Frances Repko, Democratic Staff Director
Adam Tomlinson, Republican Staff Director
C O N T E N T S
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Page
JUNE 8, 2022
OPENING STATEMENTS
Carper, Hon. Thomas R., U.S. Senator from the State of Delaware.. 1
Capito, Hon. Shelley Moore, U.S. Senator from the State of West
Virginia....................................................... 3
WITNESSES
Cortez Masto, Hon. Catherine, U.S. Senator from the State of
Nevada......................................................... 5
Prepared statement........................................... 7
Caputo, Hon. Annie, nominee to be Commissioner of the Nuclear
Regulatory Commission.......................................... 8
Prepared statement........................................... 10
Responses to additional questions from:
Senator Markey........................................... 12
Senator Capito........................................... 12
Senator Lummis........................................... 16
Response to an additional question from Senator Sullivan..... 18
Crowell, Bradley R., nominee to be Commissioner of the Nuclear
Regulatory Commission.......................................... 20
Prepared statement........................................... 23
Responses to additional questions from:
Senator Markey........................................... 25
Senator Capito........................................... 25
Senator Lummis........................................... 39
Response to an additional question from Senator Sullivan..... 40
ADDITIONAL MATERIAL
Statement of Hon. Jacky Rosen, U.S. Senator from the State of
Nevada......................................................... 61
Letter to Senators Carper and Capito from the Council on
Radionuclides and Radiopharmaceuticals, June 2, 2022........... 62
Following NRC Denial, Oklo Says It Plans to Promptly Resubmit Its
Advanced Reactor Application, morningconsult.com, January 14,
2022........................................................... 64
Letter to Senators Carper and Capito from the Nuclear Innovation
Alliance, July 7, 2022......................................... 69
Letter to Dr. Jacob DeWitte, Co-Founder, Chief Executive Officer,
Oklo Inc., from Andrea D. Veil, Director, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, January
6, 2022........................................................ 71
Nuclear Energy Innovation & Modernization Act (NEIMA) Section 102
Report, U.S. Nuclear Regulatory Commission, January 25, 2022... 80
NRC NEIMA Section 102 Report Discussion, February 16, 2022....... 95
HEARING ON THE NOMINATIONS OF ANNIE CAPUTO AND BRADLEY R. CROWELL TO BE
COMMISSIONER OF THE NUCLEAR REGULATORY COMMISSION
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WEDNESDAY, JUNE 8, 2022
U.S. Senate,
Committee on Environment and Public Works,
Washington, DC.
The Committee, met, pursuant to notice, at 10:01 a.m. in
room 406, Dirksen Senate Office Building, Hon. Thomas R. Carper
(Chairman of the Committee) presiding.
Present: Senators Carper, Capito, Cardin, Whitehouse,
Markey, Kelly, Inhofe, Lummis, Boozman, and Ernst.
OPENING STATEMENT OF HON. THOMAS R. CARPER,
U.S. SENATOR FROM THE STATE OF DELAWARE
Senator Carper. Good morning, everyone.
Good morning, Senator. How are you?
I am pleased to call this hearing to order.
We are here today to consider two important nominations to
the U.S. Nuclear Regulatory Commission, Annie Caputo and Brad
Crowell.
I will start by welcoming each of you, along with Senator
Cortez Masto, before our Committee. We look forward to hearing
your introduction, and later, your testimony.
Senator Inhofe is going to introduce Annie, I think not for
the first time.
Before we do all that, let me say a few words about each of
our nominees, as well as about the important role a well
functioning Nuclear Regulatory Commission has in ensuring we
continue to safely and reliably power our Nation into the
future.
As a Nation and as a planet, we are at a critical point
when it comes to reducing our addiction to fossil fuels. Just
last week, the National Oceanic and Atmospheric Administration,
affectionately known as NOAA, announced that Earth's atmosphere
surpassed another historic, alarming milestone. They reported
that the carbon dioxide in our atmosphere is now more than 50
percent higher than in pre-industrial times, a level not seen
in millions of years. That is right, millions of years. We
should find these figures alarming, especially as scientists
continue to warn of the future that awaits us if we fail to act
promptly.
The good news, there is some good news. The technology
required to transition our economy toward a cleaner energy
future already exists. That includes nuclear power, which
currently provides over half of all carbon free energy in the
United States.
I have just come from a meeting of a number of the
veterans' organizations that are in town because of the
legislations before the Senate today. I reminded them that the
United States Navy, where I served 23 years plus 4 years as a
midshipman, the United States Navy has been using nuclear power
for 70 years. I always ask people who have discomfort about
nuclear power because of the safety of nuclear power, I ask
them how many people in the United States Navy have died
because of their exposure to nuclear energy in the ships or
submarines or aircraft carriers. The answer is zero. Done
right, this can be not only good for our climate, but good for
providing power for all of us.
In addition to being our largest source of reliable, clean
energy, nuclear energy also generates economic opportunities
across our country. As I said during our oversight hearing in
December with Chairman Hanson, Commissioner Baran, and
Commissioner Wright, nuclear energy is key to reaching our
climate goals economy-wide. The Nuclear Regulatory Commission
is critical to ensuring that our nuclear energy is both safe
and reliable.
For the NRC to effectively maintain the safety of our
Nation's nuclear facilities and also prepare for the future, we
must ensure that the agency has the resources that it needs.
That includes having the right leadership in place. Currently,
two of five seats on the Commission are, as my colleagues know,
vacant.
Fortunately, in Annie Caputo and Brad Crowell, President
Biden has nominated two well qualified individuals to serve on
the NRC. From my conversations with each of them, I believe
that they possess both the knowledge and the experience to
successfully and faithfully serve the American people in these
roles.
Ms. Caputo and Mr. Crowell have strong professional
backgrounds. Both of them have worked for members of this
Committee who are passionately engaged on nuclear issues.
Importantly, both of them have also demonstrated an ability to
work collaboratively with members of both parties and with a
wide range of stakeholders to achieve progress and to get
results.
Ms. Caputo recently served as an NRC Commissioner for a 3
year term that expired in June of last year. Since that time,
Ms. Caputo served as a professional staff member on the U.S.
Armed Services Committee, and she has consulted with the Idaho
National Laboratory regarding international collaboration and
advanced nuclear reactors.
Prior to her term at the NRC, Ms. Caputo served as a
professional staff member and senior policy advisor for this
Committee under the leadership of former Chairmen Jim Inhofe
and Senator Barrasso. With the wide array of issues before the
Commission, I believe that the NRC will benefit from Ms.
Caputo's broad knowledge and expertise.
Mr. Crowell, meanwhile, has over 20 years of experience at
the State and Federal levels of government working on clean
energy and on nuclear power. He served as the Director of
Nevada's Department of Conservation and Natural Resources under
both Republican and Democratic Governors. His experience also
includes time at the Department of Energy handling
congressional affairs during the Obama administration and
serving as a policy advisor for Senator Whitehouse on our
Committee.
Mr. Crowell understands the importance of engagement among
the Federal Government and States, tribal, and local
governments, as well as the public, a key part of effectively
communicating the benefits of nuclear energy to those who might
otherwise be skeptical of it.
As I mentioned, a full slate of commissioners will help the
NRC carry out its responsibilities more effectively and more
efficiently. That is why I hope to work with our Ranking
Member, Senator Capito, to move both nominees through the
confirmation process together and to do so expeditiously.
With that, let me turn to our Ranking Member, Senator
Capito, for any comments she would like to make.
Senator Capito.
OPENING STATEMENT OF HON. SHELLEY MOORE CAPITO,
U.S. SENATOR FROM THE STATE OF WEST VIRGINIA
Senator Capito. Thank you, and good morning. It is nice to
be here at today's hearing.
As the Chairman has said, we will hear from two
individuals, Annie Caputo and Bradley Crowell, who have been
nominated to serve on the NRC. For more than 11 months, the NRC
has only had three members.
Welcome, Annie, back to the Environment and Public Works
Committee, where I first met her.
She worked as a congressional staffer for 13 years,
including two separate stints with this Committee, and that
included assisting me when I was Chairman of the Subcommittee
on Air and Nuclear Safety. We actually visited a nuclear site.
I also welcome Bradley Crowell, a former staffer of Senator
Whitehouse and fully capable for this position.
If confirmed, they will join this NRC at a very critical
time. A vast portion of the country faces potential electric
shortages this summer, making it clear that we need reliable
baseload electric generation. Energy prices are driving
inflation.
Internationally, 3 months after Putin's attack on Ukraine,
our European allies are still struggling to reduce reliance on
Russian oil and gas. Russia has been working for decades to try
to subordinate other countries to its nuclear industry as well.
As recent events have underscored, energy security is
inseparable from our national security. Nuclear power plants
provide America with reliable and affordable zero emission
energy, a point the Chairman made as well. In fact, nuclear
accounts for about half of our emissions free energy, providing
20 percent of America's power. Today's nuclear reactors are
operating at historically high levels of safety and
performance.
Despite this record, some States have decided to shut down
nuclear plants for political purposes. For example, California
has required its last nuclear power plants to close by 2025.
Those two reactors provide 8 percent of the entire State's
electricity production, and they are by far the largest source
of emissions free energy in that State.
Facing energy shortages, skyrocketing energy costs, and
reliability challenges, Governor Newsom is now reconsidering
that decision to shutter that site.
Continued operation of today's reactors and development of
the designs of the future are needed to help reduce carbon
dioxide emissions and ensure continued American leadership in
this essential national security and energy sector. Securing
this future requires an effective and efficient nuclear safety
regulator. As enshrined in the Nuclear Regulatory Commission's
Principles of Good Regulation, maintaining clear and reliable
rules is vital to keeping reactors open and operating safely
and efficiently.
Nuclear utilities cannot make long term investment
decisions when the NRC arbitrarily reverses settled regulatory
matters. However, in February, the Commission did just that
when it decided to change previously issued license extensions.
The Commission must also establish policies that prioritize
resources toward the most important safety issues. I have asked
the Commission to update its regulations to do so.
In addition to policies to preserve the operating reactors,
critical decisions will be made in the next 4 years during our
nominees' terms about how new nuclear technologies are
licensed, regulated, and operated.
Other countries are looking to us. They are looking to the
United States to see if advanced nuclear is part of our future
energy policy, and if we can be relied upon to partner with
them on their nuclear projects.
Our adversaries, namely Russia and China, are betting on
our failure. If America does not rise to this challenge, it
will make it easier for our adversaries to sell their reactors,
fuel, and nuclear services around the globe. They will be able
to establish strategic energy relationships or dependencies
that could last for 100 years or more. In the past, Russia
pursued this strategy with Ukraine.
U.S. businesses are now stepping up to help Ukraine replace
Russian nuclear fuel and build new reactors. American companies
are seeking to develop and deploy advanced technologies in this
country. Those companies are looking to the NRC to determine if
the agency can establish the safety rules to enable the safe
use of nuclear.
In addition to setting predictable and viable regulations,
the commissioners need to oversee and empower the NRC staff to
review and approve applications to build new nuclear plants.
Earlier this year, I am proud to say, the West Virginia
State Legislature voted to allow new nuclear development in our
State. The NRC is central to the future of nuclear energy in
West Virginia, across the country, and around the world.
I look forward to hearing from both nominees. Also, I know
that Senator Inhofe is going to introduce Annie, but I want to
welcome her husband, A.J., her son Owen, and her daughter Abby
to the hearing today.
Thank you.
Senator Carper. Senator Capito, thanks so much.
Let me yield at this time to Senator Inhofe, who has known
one of our nominees for a long, long time.
Senator Inhofe. Thank you, Mr. Chairman.
Yes, I think I win the prize for having introduced our star
today more than anybody else has, but not with all of her
family here and present. I thank both of you for the
opportunity for me to introduce Annie once more to this
Committee.
Annie is no stranger to the Committee, everyone is aware of
that, or to the NRC. She served on my staff for many years and
previously served as an NRC Commissioner from 2018 to 2021.
I have noticed, Annie, that you have your husband, A.J., as
has already been mentioned, someone we have known for a long
period of time, and your son Owen, who is 17, and your daughter
Abby. Now, this is very important, because I was here when Abby
was born 13 years ago. She is even more beautiful today than
she was then.
Let me say, I remember the whole family, and Annie joined
my EPW staff in 2007 and served for a short period of time on
my Senate Armed Services staff in the past year. No one
questions Annie's knowledge or expertise on the issues.
It is always interesting to me when you have a meeting such
as this, where the idea is to sell the individual to the
members of this Committee, when she is, without question, one
of the most, the really great experts in this subject area. As
we have said before, when I was Chairman, invaluable to me in
the aftermath of the Fukushima nuclear accident, as well as in
my work to ensure that NRC issued timely decisions on new
nuclear plant licenses and in developing the bipartisan Nuclear
Energy Innovation and Modernization Act.
So I enjoy having you back again so I can learn a little
bit more.
Thank you, Mr. Chairman.
Senator Carper. You are welcome. I think I have been here
in this room with you, Senator Inhofe, every time you have
introduced our nominee.
Senator Inhofe. I have changed it a little bit each time.
[Laughter.]
Senator Carper. That may have been the best introduction so
far. That is great.
Next, we are joined by Senator Cortez Masto, who is going
to introduce for us Brad Crowell.
Please proceed. Happy to see you.
STATEMENT OF HON. CATHERINE CORTEZ MASTO,
U.S. SENATOR FROM THE STATE OF NEVADA
Senator Cortez Masto. Thank you, Chairman Carper, Ranking
Member Capito.
It is my pleasure today to be able to introduce to you
President Biden's nominee to be a member of the U.S. Nuclear
Regulatory Commission, Brad Crowell, who is a fellow Nevadan.
Brad currently serves, as you noted, as Director of the
Nevada Department of Conservation and Natural Resources, or
DCNR, as we call it back home. He has spent his career focusing
on energy and environmental policy at both the State and the
Federal level.
During his tenure at Nevada's DCNR, Brad has received
strong bipartisan support, including through his appointment
and reappointment by Governors of both parties in recent years.
Prior to these appointments, Brad served at the U.S.
Department of Energy from 2010 to 2016. And he was previously
confirmed by the U.S. Senate in 2013 as the Assistant Secretary
of Energy for Congressional and Intergovernmental Affairs, also
at DOE.
Additionally, Brad served as a staff member for multiple
Members of Congress after receiving a Bachelor of Science
Degree from Santa Clara University. He was proud to work as a
staff member here in Congress.
He is married. He and his wife, Rebecca, have a 1 year old
daughter, absolutely beautiful, named Hazel. They currently
live in Nevada. I understand they couldn't be here today for
fear that Hazel would take over the room.
Let me just say this: I have known the Crowell family for
so long. His father is a proud veteran, and also the Mayor of
Carson City. His mother and father have contributed to our
State and our community for so many years. So it is not
surprising to me to know that Brad continues in that same vein
of understanding the importance of giving back, of public
commitment. And he continues to show that every day in the work
that he does.
He is knowledgeable, he is an experienced public servant
who truly understands the importance of public health, safety,
and national security. I know that Brad will continue to be an
advocate for sound and thoughtful policies.
With that, I would like to express my sincere
congratulations to Brad on his nomination, and thank the
Committee for allowing me to speak this morning.
[The prepared statement of Senator Cortez Masto follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Senator Carper. Thanks so much.
Would you say again the name of Brad's wife? I wrote down
Rebecca. Is it Rebecca? Yes. And daughter?
Senator Cortez Masto. Hazel, daughter Hazel. Rebecca and
Hazel.
Senator Carper. Hazel, great.
Well, I don't know if Hazel is up and watching television,
but Hazel, if you are out there somewhere, I just want to say
thank you for sharing your dad, your willingness to share your
dad with our country, and to Rebecca, the very same message to
you as well.
I think, with that, we are going to invite our nominees,
Ms. Caputo, Mr. Crowell, to the witness table, please.
We welcome you both. If there is somebody with you today,
family or non-family, that you would like to introduce as you
begin your testimonies, you are welcome to do that. It is great
to see you both. We welcome your families and friends who might
be here with us.
Ms. Caputo, we would like to begin with you. You are now
recognized to give your statement. You are recognized for 2
hours.
[Laughter.]
Senator Carper. Maybe not. Make sure your mic is on. We
want to hear every word.
STATEMENT OF HON. ANNIE CAPUTO, NOMINEE TO BE COMMISSIONER OF
THE NUCLEAR REGULATORY COMMISSION
Ms. Caputo. Thank you, Chairman Carper, Ranking Member
Capito, and members of the Committee, and thank you, Senator
Inhofe, for a very gracious introduction. You have always been
a beloved mentor of mine, and I thank you for your leadership
and everything you have taught me through my many years of
service with you.
Obviously, after having worked for this Committee for so
many years, it is nostalgic to be back in this room, even
though it is for a different purpose this time.
I am also grateful to President Biden for nominating me to
serve on the Nuclear Regulatory Commission, and so I am honored
to appear today in that capacity. Nearly 5 years ago, this
Committee reported my nomination with strong bipartisan
support. It was then, and still is, humbling to be considered
for such a serious responsibility. I hope to earn the
Committee's confidence again.
Chairman Carper and Ranking Member Capito, thank you for
your warm statement. I particularly thank you for your
continued support.
I also want to thank my family. Without their support, I
wouldn't be here. A.J., my husband of 24 years now, has been a
constant champion of my public service.
Senator Carper. A.J., would you raise your hand? Thank you.
Would you raise both hands?
[Laughter.]
Ms. Caputo. That is how supportive he is. We also have our
son and daughter, Owen and Abigail, here, who have also been a
source of support and inspiration. Obviously, they have grown
quite a bit since we were here 5 years ago.
Senator Carper. How old are they now?
Ms. Caputo. Thirteen for Abigail and 17 for Owen.
Senator Carper. Welcome.
Ms. Caputo. Six-one and counting for Owen. He will be as
tall as you, maybe, one day.
During my career, I have seen the fate of nuclear energy
wax and wane more than I ever would have imagined as a nuclear
engineering student. In 1996, when I graduated from the
University of Wisconsin--go, Badgers--nuclear energy was
struggling to be economically viable, and plants were closing
prematurely.
Ten years later, there was a renaissance that led to
license applications being filed at the NRC for 31 new
reactors. Then the renaissance waned, resulting in only two
reactors being built, or currently being built, and the
industry returning to early shutdowns. But now, once again,
considerable momentum is building in support of Small Modular
Reactors and advanced reactors.
This Committee has demonstrated strong bipartisan support
for advanced reactors, and I recognize the sense of urgency
driven by climate change and energy security concerns. These
innovative designs offer a range of benefits, including
improved safety and economics, and may become a significant
source of clean energy for our country and the world.
Safety comes first, not only because it is the agency's
mandate to protect public health and safety, but also because
it is a predicate to the societal benefits that might be gained
by developing advanced reactors. Any design must first be
proven safe before the economic viability of deployment can
reasonably be tested.
NRC's role as gatekeeper to the future of advanced reactors
is a role that this Committee and the agency and I all take
very seriously. If confirmed, I would work collegially with my
fellow commissioners to build consensus as the agency proceeds
with regulating these innovative technologies.
I have also, through my years working for this Committee,
but also during my time as a commissioner, I have seen the
impressive expertise and professionalism of the NRC staff in
action. After all, they are the reason why the NRC is
considered the gold standard for nuclear safety the world over.
I have no doubt the staff can meet the challenge of advanced
reactors while continuing to ensure the safe operation of
existing nuclear facilities and materials users.
In summary, if confirmed, I will endeavor to serve in a
manner worthy of your confidence, the public's trust, and in
keeping with the NRC's mission, principles, and values.
I appreciate the opportunity to appear today. I look
forward to your questions.
[The prepared statement of Ms. Caputo follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Senator Carper. Thanks so much.
Brad, before you speak, I believe, in my recollection,
there was a time when you once worked for my friend over here
to my left, Sheldon Whitehouse.
Sheldon, would you like to say anything about this fellow
before he gives his testimony?
Senator Whitehouse. I am just delighted that Brad is here.
He worked for me from 2007 to 2010. We were, at that point in
the early stages of developing the policies around nuclear that
led to the bipartisan legislation for reform of the Nuclear
Regulatory Commission and for enhancement of the process for
licensing next generation reactors.
Between his experience as a regulator in Nevada, his
experience with Congress, which is not insignificant, I think
he will be terrific. He was hardworking, completely honorable
to deal with in all of our negotiations, including with offices
that did not necessarily agree with us on the merits of various
issues.
I think he will do an outstanding job. So I couldn't be
happier to welcome him here. I will have the chance to razz him
a little bit further in my question time.
Senator Carper. Good. Thank you for those words.
All right, Mr. Crowell, you are on, and then we will have
some questions for both of you.
STATEMENT OF BRADLEY R. CROWELL, NOMINEE TO BE COMMISSIONER OF
THE NUCLEAR REGULATORY COMMISSION
Mr. Crowell. Chairman Carper, Ranking Member Capito, and
members of the Committee, thank you for the opportunity to
appear before you today. I am honored to have been nominated by
President Biden to serve on the Nuclear Regulatory Commission.
Thank you to Senator Cortez Masto for the very kind
introduction. Her confidence in me and support for my
nomination is greatly appreciated.
It is hard for me to believe that 15 years have passed
since I sat on the back bench of this hearing room as a young
staff member for Senator Whitehouse during his first term in
the Senate. Today, I feel both comfort and a small amount of
anxiety to be on this side of the dais and on the receiving end
of the Senator's trademark glare over the rim of his glasses. I
now wear glasses as well.
[Laughter.]
Mr. Crowell. I thank the Senator for his trust in me so
many years ago, and I look forward to any questions he may have
for me today.
Most of all, I am grateful for the love and support of my
family. My wife Rebecca could not be here with me today. She is
home with our 14 month old daughter, Hazel. They are both
watching today's proceedings from Nevada with my mother, Susan,
and I know my father, Robert Crowell, who passed in late 2020,
is looking down from above with pride. His lifelong commitment
to public service instilled in me a similar devotion to
advancing the public good that has guided me throughout my
career and to this moment today.
Shortly after my wife and I first met, it occurred to me
that both sides of our family have a unique story with respect
to America's nuclear history. On my side of the family, my
father grew up in Tonopah, Nevada, just outside the former
Nevada Test Site. As a youth during the 1950s, he would go with
his brother to the edge of town and watch the above ground
atomic tests conducted in the Nevada desert. Years later,
during his 23 year career in the U.S. Navy, he would serve as
the nuclear weapons officer on a U.S. Navy destroyer.
Meanwhile, my wife's family has deep roots throughout
Pennsylvania. My mother-in-law gave birth to her fourth child
just 10 days after evacuating from their home in Philadelphia
following the partial meltdown at Three Mile Island. Given the
uncertainty during the early days of that event, I appreciate
her trademark abundance of caution to ensure the safety of her
family, particularly given that I am now married to that fourth
child, my wife, Rebecca.
Given this personal context, perhaps it is no surprise that
my professional career has included work on both defense
related and civilian nuclear topics. As a career public
servant, I have had the unique opportunity to address these
issues at both the Federal and State levels of government.
During my tenure as Assistant Secretary for Congressional
Affairs at the Department of Energy, I gained invaluable
experience managing the Department's relationship with Congress
on topics including advanced nuclear reactor technologies,
consent based siting for spent nuclear fuel disposal, nuclear
weapons modernization, and cleaning up America's cold war era
environmental legacy. Notably, my time at DOE included events
such as the 2011 Fukushima nuclear accident and the 2014
radioactive waste incident at the Waste Isolation Pilot Plant
in New Mexico.
As the State level, I have had the honor of leading one of
Nevada's largest cabinet agencies for the past 5 and a half
years, the Nevada Department of Conservation and Natural
Resources. I thank Governor Sisolak and former Governor
Sandoval for their trust in my to lead an agency so integral to
Nevada's identify and for their formal support of my
nomination.
The department serves as Nevada's primary State level
regulator for nearly all environmental and natural resource
topics, including hard rock and critical minerals mining,
hazardous and low level radiological waste disposal, water
rights, and land management, just to name a few.
At both levels of government during my career in public
service, I have always prioritized the fundamental principles
of balance, transparency, efficiency, and fact based
decisionmaking as hallmarks for how a public agency should
operate in all respects and to maintain the integrity of the
regulatory process. If confirmed by the Senate to serve on the
Nuclear Regulatory Commission, I will strive to uphold these
same principles.
The role of the NRC today is perhaps more important than at
any point in the agency's history. The NRC has a pivotal role
to play in responsibly overseeing our Nation's operating
nuclear reactors and decommissioning plants, while preparing to
safely license and regulate the next generation of civil
nuclear energy technologies.
If given the honor to serve on the Commission, I look
forward to working with my fellow commissioners and the expert
professional NRC staff to embrace these challenges and succeed
in our collective mission to regulate the safe civilian use of
nuclear materials and power on behalf of the American people.
Thank you, Mr. Chairman. I look forward to answering any
questions you and other Committee members may have for me
today.
[The prepared statement of Mr. Crowell follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Senator Carper. Thank you, Mr. Crowell.
Senator Inhofe has asked to go out of order in order to
have the first questions. After considerable debate and
discussion, we have decided, reluctantly, to allow him to do
that.
Senator Inhofe.
Senator Inhofe. Good job. Thank you. I appreciate that very
much.
I have kind of an obligation that comes at this time from
the Armed Services Committee. It is hard to be in two places at
once.
I am also very well aware of the talents and the background
and the personalities of the two individuals who are here today
as witnesses.
So what I would say to you is the Nuclear Regulatory
Commission is a fee based organization. I think it is important
that we understand this is unusual, and it is one that is
important, that they have talents in these areas. This year,
the agency will receive, we think, about $745 billion in fees.
This money comes from either ratepayers or consumer energy
generated by the nuclear power plant or companies that are
seeking a Nuclear Regulatory Commission license.
Both witnesses, I would just ask one question primarily,
and that is: How do you view the Nuclear Regulatory
Commission's responsibility to effectively manage its budget?
You have had so much experience in this area. And will you each
commit to prioritizing the Nuclear Regulatory Commission's
financial resources on areas most important to fulfill the
agency's core mission, to license and oversee the civilian use
of radioactive material?
Senator Carper. Before you respond to that, I should have
asked three questions that we ask for the record, and then I
would yield back to Senator Inhofe. Those three questions are
ones you have heard before.
The first question is, do you agree, this is for both of
you, do you agree if confirmed, to appear before the Committee
or designated members of this Committee and other appropriate
committees of the Congress to provide information subject to
appropriate and necessary security protections, with respect to
your responsibilities? Do you?
Ms. Caputo. Yes.
Mr. Crowell. Yes.
Senator Carper. Second question: Do you agree to ensure
that testimony, briefings, documents, and electronic and other
forms of communication of information are provided to this
Committee and its staff and other appropriate committees in a
timely manner? Do you?
Ms. Caputo. Yes.
Mr. Crowell. Yes.
Senator Carper. Very good. Last question: Do you know of
any matters which you may or may not have disclosed that may
place you in a conflict of interest if you are confirmed? Do
you?
Ms. Caputo. No.
Mr. Crowell. No.
Senator Carper. Those are the right answers.
Senator Inhofe, back to you. Do you want to recap your
question?
Senator Inhofe. Thank you, Mr. Chairman.
It would just be one very brief question requiring a brief
answer, starting with you, Ms. Caputo. Would you go ahead and
respond to the question that I asked?
Ms. Caputo. Yes, Senator. Absolutely. I would work with my
colleagues, if confirmed, to ensure financial discipline and
prioritization to make sure that the most important portions of
the agency's workload are adequately resourced.
Senator Inhofe. I have no doubt about that.
Mr. Crowell.
Mr. Crowell. Yes, as well, Senator. My understanding is
that the NRC is in the process of adjusting its budget and
aligning its staff in order to meet that demand. If confirmed,
I look forward to participating in that process to make sure
that the Commission works in the most effective, efficient way.
Senator Inhofe. I am sure you will. Thank you very much.
Thank you, Mr. Chairman.
Senator Carper. You bet.
I am going to ask a couple questions of each of you, and
then yield to Senator Capito. Senator Cardin, I think, is going
to be joining us by Webex, and then back to Senator Whitehouse.
My first question is really for both of you. The NRC is
considered to be the world's gold standard for nuclear
regulatory agencies. That is because of the NRC's work force
and leadership's dedication to safety.
Strong leadership is especially important at the NRC. We
need individuals to serve at the NRC who are dedicated to the
critical independent role that the agency plays in ensuring our
Nation's nuclear power facilities continue to be the safest in
the world. Question: If confirmed, how do you plan to apply
your personal background and professional experience to advance
the NRC's safety mission?
Ms. Caputo.
Ms. Caputo. Well, Senator, to a large extent, I feel like
my education and technical background in nuclear engineering
gives me a capacity to understand technologies in detail that
are presented before the Commission, but it also gives me a
familiarity with the technology to ensure that it is done
safely. So that is the perspective that I would bring to the
Commission.
Senator Carper. Thanks.
Mr. Crowell.
Mr. Crowell. Thank you for the question, Senator.
As mentioned, at both the State and Federal levels of
government, I have had experience in managing and directing
regulatory agencies and large budgets. I will bring that skill
set to the Commission as well.
I am also very familiar with the issues before the
Commission, and I have developed a very good ability to work
with professional expert staff, hear their input, ask
questions, and work to arrive at the correct outcome.
Senator Carper. As you know, the Partnership for Public
Service ranks all Federal agencies, at least the major ones, as
the best and as the worst places to work based on employee
satisfaction and other metrics. A decade ago, and for a long
time, the Nuclear Regulatory Commission was ranked No. 1, top
of the charts among mid-sized agencies. The latest report, I am
told, ranks NRC 12th among 25 mid-sized agencies. Twelfth, from
one, top of the charts, to No. 12.
If confirmed as NRC commissioner, you will have a direct
role in ensuring that the NRC work force feels supported and
excited to come to work every day and help the NRC attract and
hold on to the best and brightest employees. This part of your
job is important, as you know, especially now as the NRC is
looking to replace its aging work force and ramp up to meet the
need of emerging nuclear technologies.
Question: If confirmed, what steps will you encourage the
NRC to take to better support the existing work force and
attract new talent?
Mr. Crowell, do you want to go first?
Mr. Crowell. Thank you, Senator. I have worked at agencies
before that have had reputational issues, and we have turned
those around in short order. I believe that workplace culture
and employee satisfaction is integral to the effective workings
of a department. At present, with the NRC needing to both
retain and recruit new talent, that cultural aspect is more
important than ever so that we can recruit the best and
brightest to work at the Commission going forward.
Senator Carper. Ms. Caputo, same question. Let me just
restate the question. If confirmed, what steps would you
encourage the NRC to take to better support the existing work
force and to attract new talent?
Ms. Caputo. I agree with Mr. Crowell on what he said. I
think leadership plays a strong role. I know this has certainly
been an issue that, in my previous capacity as a commissioner,
commissioners took very seriously.
I know the senior executives within the agency pay
considerable attention to this to understand the results and
look for measures to put in place to improve job place
satisfaction. I expect that the nature of the agency's mission
is a draw for employees. I think there are a lot of people who
feel very strongly about the safety mission of the agency and
the national importance.
I think there is often competition, perhaps, in industry
where the salaries might be a little bit better. But I think
the attraction of that national mission draws people that are
particularly dedicated, and I think that has been the history
at the agency, and I hope that that history continues.
Managing attrition of our work force as it ages is a
challenge. I think the agency is learning to forecast and
anticipate that a little bit better. I am not surprised to see
increases in hiring as more of this attrition begins to unfold.
It is a challenge, continually, for the agency to manage that
loss of expertise as these people retire, but there are
significant efforts at knowledge management to try and
translate that wisdom, transfer that wisdom into people working
in the agency. But it also gives more opportunities for those
in mid-level to learn and advance and be promoted. And I think
that does a lot to help with retention of those who will soon
be in those leadership spots as our more senior people retire.
Senator Carper. Before I yield to Senator Capito, we have
gone through a period in this country where the nuclear
industry was, I think, highly regarded by most Americans. For a
number of years, a lot of skeptics emerged and questioned
whether this really should be part of our mix of providing
energy in this country.
We had a meeting, along with some of my colleagues, we met
with Ambassadors from the European Union, including Germany. In
that conversation with those Ambassadors, I mentioned that
there are a number of older nuclear power plants in this
country where there are decisions being made, kind of
contemplated, whether or not to keep them open or to close
them. In Germany, as you may know, they chose to shut down a
number of their nuclear power plants. Maybe ultimately shut
down all of them.
I ask him especially, I said, what advice would you have
for us in this country as we consider similar decisions? He
essentially said, I think I would leave them open. I think that
might have something to do with job satisfaction.
Senator Capito.
Senator Capito. Thank you, Mr. Chairman.
Thank both of you for your statements.
Multiple companies are either currently in the license
process or are expected to use existing licensing pathways
known as Part 50 or 52 for advanced reactors. The Commission
really needs to update a number of policies, such as emergency
planning, siting, and nuclear liability insurance to reflect
the reduced risk associated with smaller, safer nuclear
designs. This will allow advanced nuclear companies to have
certainty that their designs can be reviewed, licensed, and
deployed in a timely, economical, and safe manner.
So, basically, Mr. Crowell, if you are confirmed, would you
commit to prioritizing policies to establish predictable,
efficient, and safe regulations for advanced nuclear reactors?
Mr. Crowell. Yes, I would, Senator.
Senator Capito. How, in terms of the efficient issue,
because I think there is lagging in the timeframes of timelines
that have been set, how do you make this process speed up so it
meets the increasing interest in this particular advanced
nuclear?
Mr. Crowell. Thank you for the question, Senator. My view
is that the NRC needs to be a modern, nimble, independent
agency that is able to keep pace with industry, but do so in a
safe way. It is really an inflection point for the Commission
and the expert staff there to meet the demands of what may be a
renaissance in nuclear power in the United States, and quite
frankly, around the world.
I don't believe that bureaucratic efficiency has to be an
oxymoron. I think a well run agency can be efficient and safe
at the same time. That will be one of my goals if confirmed.
Senator Capito. Thank you.
Ms. Caputo, same question. In terms of your previous
experience on the Commission, in terms of addressing these
policies for advanced nuclear on the safety, efficiency, and
predictable regulatory environment.
Ms. Caputo. If you look at the wide variety of advanced
reactor technologies out there, what we are seeing is sort of
two groups--those that are more advanced and looking to apply
at the agency in the next 2 to 5 years, and then another set
that is looking more toward the second half of the decade. For
those early movers, they will need to be reviewed under the
existing framework, which the agency has said repeatedly the
agency is capable of doing.
Some of those issues that you mentioned should certainly be
handled in tandem with these early movers to resolve as many
policy issues as possible to make sure that the agency has
policies in place to have efficient reviews of these early
movers.
For that second group, in the second half of the decade, it
is certainly my hope, and I would work toward this to the
extent that I can with my colleagues, to further the staff's
effort on a technology neutral, risk informed, performance
based rulemaking that was mandated under the Nuclear Energy
Innovation and Modernization Act. To the extent that the agency
can get that rule in place, I think that will create a more
predictable path for those companies that are looking to
develop toward the second half of this decade.
Senator Capito. So, if I understand your response,
basically you are saying that the early movers are going to
move through the existing regulations.
Ms. Caputo. Yes.
Senator Capito. Does that provide the predictability, so if
the rules change in the second half of, between 2025 and 2030,
would those early movers have to make adjustments? Because we
have already seen the Commission come back recently, and I
mentioned it in my opening statement, and rescind an original
decision and ask for some revisions. I think we have to avoid
that at all costs.
Ms. Caputo. I wouldn't expect that the rules change. I
think the way that, and certainly the safety, would not change.
The way that companies would demonstrate how they meet the
rules would hopefully become more predictable, because right
now, as Senator Whitehouse has often said, there are
requirements in the existing framework that simply don't make
sense for some of these technologies.
So as they go forward, there is an exercise that the agency
has to go through between which sections of its rules will be
applied and which are not applied. So that will be somewhat
different for each of these different technologies. So that is
an unpredictable path forward as the agency has to make these
determinations on each application.
Hopefully with a new rulemaking, there will be less of a
need for exemptions and making those applicability
determinations, because it will be flexible and performance
based and more predictable in terms of people making their
safety justifications.
Senator Capito. OK, thank you.
Thank you, Mr. Chair.
Senator Carper. Thank you.
Senator Cardin is going to join us a little bit later. He
is going to join us by Webex, but he is tied up in another
hearing right now. We are going to yield to Senator Whitehouse
for his questions.
Senator Whitehouse. Great. Thank you very much.
First of all, let me say again how terrific it is to see
Brad here, having moved from the bench behind me to the table
in front of me, and having moved on to become a husband and a
father and the leader of a very significant organization in
Nevada.
Welcome. It is terrific to see you here.
The question that I have for both of you relates to next
gen nuclear technologies. As you both know, I have been heavily
involved in the bipartisan nuclear compromises that have
emerged from this Committee to change NRC procedures so, as you
mentioned, Ms. Caputo, Tesla no longer has to clear carburetor
inspection on its way to approval and to create more
opportunities for integration between the NRC and academia and
the private sector, again, with the view to help develop those
next generation technologies.
One of my motivations for participating in those efforts
with my colleagues in this Committee has been the sense that
those technologies provide the prospect, at least, of
addressing some of the nuclear waste that is now being stored
in facilities around the country, that it could actually become
fuel. And in fact, that is the intention of a considerable
number of the private innovators who are operating in this
space.
What I would like from each of you is some assurance that,
as these new, innovative nuclear technologies get developed,
you will make sure that there is a lane for inquiry and
innovation regarding taking advantage of spent fuel. My concern
is that if spent fuel costs a nickel more than new nuclear
fuel, that will create an economic disincentive that will drive
all of the innovation toward new nuclear fuel and will starve
the real prospect that we could actually get new, clean power
out of existing spent fuel.
We don't want to be in that position. I don't want to have
it be exclusively dedicated to spent fuel. I think there are
determinations that are important for the NRC to make along
those lines. But I certainly don't want to see saving that
nickel to be the thing that drives us completely away from the
opportunities that these next generation nuclear technologies
create for beginning, in some fashion, to deal with these spent
fuel stockpiles.
So, Ms. Caputo. It can be pronounced both ways.
Ms. Caputo. We have had to be careful about that over the
years.
Senator Carper. What are the odds that we would have a
Ranking Member Capito and Nominee Caputo; what are the odds of
that?
Senator Whitehouse. To both, respond to that concern of
mine.
Ms. Caputo. Senator, I understand your interest in
technologies that may have that capability. That is a great
potential. There has been historically, a lot of research into
technologies like that, and some of these vendors are looking
at how to capitalize on that historic knowledge and try to turn
it in an innovative direction.
The challenge for the agency will be for those
technologies, they would tend to be, I think, somewhat
different than what we think of as a reactor design and a
reactor review. It would fall more into our fuel facilities
sector of the agency because there would be some sort of,
probably a processing step to prepare fuel. It would be
fabricated, the nature of the fuel would be somewhat different;
all of that would require reviews.
But certainly, if technologies, if vendors are interested
in pursuing that, then there will be encouragement for doing
pre-application reviews with the agency to understand the
nature of the technologies that are coming forward and to
ensure that we have resources budgeted to adequately review
those, that personnel are trained to understand the technology
and be prepared when those applications arrive.
Senator Whitehouse. I take out of that there will be
encouragement, resources and personnel. Thank you.
Mr. Crowell. Thank you, Senator. I will agree with my
colleague, Ms. Caputo, who has deep experience at the
Commission.
If given the honor to serve on the Commission, this is one
of the areas I am most interested in delving into. We already
have a nuclear waste issue that needs to be resolved in this
country. If we can approach advanced reactor and new nuclear
technologies in a way that helps mitigate or even partially
solve that issue, that is very attractive. It should be
factored into that nickel cost equation that you referenced.
So I look forward to working with you on these issues going
forward.
Senator Whitehouse. Thank you very much.
My time is expired. Thank you, Chairman.
Senator Carper. Thank you so much.
At one time, before I came to work here with my colleagues,
I got to be Governor of Delaware for a while. Senator Capito's
dad was Governor of West Virginia.
One of the hard decisions we would have to make in Delaware
is where to site correctional institutions. Most, a lot of
States do corrections by counties, by cities, and by State. In
Delaware, we do it at the State level for the most part. But we
would have a lot of heartburn trying to decide, when we had to
build a new prison, male, female, juvenile facility.
I heard about over in France they were into processing
spent fuel. Instead of having a hard time convincing
communities to be a repository for spent fuel, and maybe for
processing and ultimately recycling, they had communities which
were almost like standing in line to compete for the right to
be a repository or a facility.
I mention that because there are some States where we have
found, not Delaware but other States would compete for the
right to build a prison and to take our inmates, and to take
inmates from other States. Again, we are happy to work with
those folks, where it made sense to allow our inmates to be
sited in prisons hopefully not too far away.
But there is a lesson for us somehow. One of the hardest
siting decisions for us in Delaware, our correctional
institutions, if somehow other States wanted to take our
inmates and provide a place for them to live, corrections and
so forth. Then we look at France, and they say, well, they are
willing to take spent fuel rods, nuclear waste, and compete for
the right to house that. Is there a lesson there for us?
Ms. Caputo. Senator, I would start by saying, I think that
is something that the Department of Energy is looking at. I
agree with you, but I think there is probably some
consideration based on the duration of the spent fuel
repository compared to a prison. That probably provokes a fair
amount of concern in terms of that analogy.
But honestly, I would defer to my colleague, Mr. Crowell,
because I think he has a lot more direct experience with this.
Senator Carper. Mr. Crowell, is that true?
Mr. Crowell. Your prison analogy, at least the experience
that you are referencing, is true in Nevada as well, just so
you know. With regard to nuclear waste disposal, I strongly
believe that any administration and led by the Department of
Energy needs to engage in a consent based process to help
create that dynamic where a community is willing and happy to
host a facility, be it interim or permanent.
I can't think of any examples in the past where a Federal
project has been stuffed down someone's throat and they have
been happy with it at the State or local level. So I think
starting from a consent based process is the right way to go.
The NRC, for its role, needs to be ready to license that
facility if the application comes before the Commission.
Senator Carper. OK, thank you.
I have another question. This would be for both of you.
Public trust is at the core of NRC's mission to ensure that the
benefits of nuclear technology are harnessed and harnessed
safely. This trust is especially important for communities who
are hosting, operating or decommissioning nuclear power plants,
spent fuel, nuclear fuel, or other nuclear materials.
My question is this. Would you each take a moment or two to
describe how you, if confirmed, would work to maintain or
increase public confidence in transparency in the NRC's
decisionmaking and regulatory processes?
Would you do that, Ms. Caputo? Would you lead us off?
Ms. Caputo. Certainly. Transparency is something that the
agency takes very seriously, and in particular, openness. I
will quote here from the principles of good regulation:
``Nuclear regulation is the public's business, and it must be
transacted publicly and candidly.'' The public needs a
transparent window into the nature of how the agency makes its
decisions. That shouldn't be buried at the bottom of a document
room that is only accessible to people who really live in the
neighborhood.
So over the years, this has been something that the agency
has really strived to improve, the ways people can access
information, the ways people can participate in decisions, the
increased use of public meetings, but also use of the Web for
people who are not within driving distance, perhaps, of those
public meetings. This is an area certainly that the staff takes
very seriously and looks constantly for ways to improve access
for the public and engagement to try and build that trust.
Senator Carper. All right, thank you.
Mr. Crowell.
Mr. Crowell. Thank you, Mr. Chairman. I associate myself
with Ms. Caputo's remarks and say that transparency and
engagement with all stakeholders is paramount for the
Commission. The duty and obligation of the NRC is not just to
regulate industry, but to the American people.
And we need to honor that in the respect of both
decommissioning plants as well as establishing new nuclear
facilities. If we don't have that trust of States and
communities, particularly on the decommissioning side, they are
not going to trust us on the new nuclear, establishing new
nuclear technologies in the United States.
So we can and should do both. If confirmed, I would look
forward to engaging on that.
Senator Carper. All right. Thank you both.
I think we are going to be joined now by Senator Cardin, by
Webex. He will be followed by Senator Lummis, who is here now,
Senator Markey, Senator Boozman, and Senator Kelly.
Senator Cardin, are you out there?
Senator Cardin. I am here, Mr. Chairman, thank you very
much.
Let me thank all of our witnesses and nominees for their
willingness to serve our country. The NRC is an important
agency for the public safety as well as the reliable source of
energy for our country. I take great pride in the NRC, since it
is headquartered in the State of Maryland. We very much
appreciate the dedication of the work force.
I want to ask each of the nominees, one of the issues that
really concerns me about the NRC, and that is the age of its
work force and being able to attract the most talented people
in the industry in order to carry out its mission. It is my
understanding that over half of the work force is over the age
of 50, and 30 percent are eligible for retirement.
They are charged with regulating the use of nuclear
reactors that, in many cases, have already extended their life
expectancy beyond their intended use. We are looking at the
next generation of nuclear reactors, which require an expertise
from a work force that can meet these challenges. But when you
look at the turnover, when you look at the age, it is a concern
as to whether we are attracting the very best to carry out this
mission.
So I would welcome the views of each of the nominees as to
how they would deal with the issue of the work force, making
sure we have the expertise that we need, dealing with the
reality of the current demographics of the work force, and what
their strategy would be if confirmed.
Ms. Caputo. Senator, I would like to start by saying thank
you. It is wonderful to see you again. I would also say based
on my experience at the Commission, your support of the agency
is something that I think is relished by everyone who works
there. Thank you for that support over the years.
I agree, the aging work force is a challenge for the
agency. This has been something that has been recognized; the
aging constantly progresses. So attrition grows over time as
more and more people reach the point where they choose to
retire. The agency has several processes in place to perhaps
capitalize on the expertise of those who are thinking about
retirement but not maybe retiring completely, working in some
way, maybe half-time for a period of time as they transition
into retirement.
The flexibility is there to capitalize on those folks who
want to have one foot out the door but are not ready to leave
completely gives us an opportunity to continue to benefit from
their expertise. So that is one good strategy that is in place.
There are a couple different ways that people can do that.
There are also, I mentioned earlier, there are pretty
significant processes in place to work on knowledge transfer.
Hiring has been something that the agency has recognized in the
last few years, the need for certainly strategic hiring to make
sure that we have the skill sets in house that we need.
As this aging cohort moves closer to retirement, to build
in those not just the early movers, the early entrants that are
just starting their career, but also the mid-level that need to
be in a position to have the skills and expertise developed
ready to take over those higher level management positions to
replace the expertise that is retiring.
So a lot of this gets accomplished through the agency's
strategic work force plan where managers look at the skill sets
that they need and the nature of where hiring needs to be
accomplished. That is probably the main strategy for addressing
that challenge.
Senator Cardin. You have a dedicated work force at NRC. But
it does require some special attention in order to offer
incentives to keep the experienced staff on payroll, doing
their mission, but also attracting the next generation of
experts in this field. It seems to me you may need some help
from Congress in the appropriations process to do that. But I
would hope that you would be very open in acknowledging the
needs and a strategy for filling those needs.
Ms. Caputo. I am certainly open to that. That is something,
having been gone from the Commission for a year, I am not clear
exactly where those discussions are with the Commission, and
perhaps with the Office of Management and Budget. I do think
one of the things that is unique about the Nuclear Regulatory
Commission is the strong need for highly skilled, very
specifically skilled employees. As such, I think salaries for
the NRC tend to be a bit higher than other agencies,
necessarily so.
So I would certainly be open to looking at that issue and
working with my colleagues if confirmed.
Senator Cardin. Thank you.
Thank you, Mr. Chair.
Senator Carper. Thanks, Senator Cardin, for joining us, and
for your stewardship and attention to these issues for a long,
long time.
We have been joined by other colleagues. I just said to
Senator Capito how pleased I am by the broad participation that
we have seen and are continuing to see at this important
hearing.
Senator Lummis, you are up to bat.
Senator Lummis. Thank you, Mr. Chairman.
I want to follow up on Ranking Member Capito's question
regarding advanced nuclear reactors, specifically, fuel.
Wyoming has enough uranium to power America's nuclear fleet for
decades, including new advanced reactors. But America lacks the
ability to enrich uranium to create the high assay, low
enriched uranium, or HALEU, for short, that those reactors will
need. Today the only source of that uranium is Russia.
America's national security requires HALEU enrichment
capabilities today. But building those plants will require
licenses from the NRC.
So what can be done to ensure that any application for
HALEU enrichment can be expedited? I address the question to
both of you.
Ms. Caputo. Senator, I understand there is a need for this
high assay, low enriched uranium. The need is getting more and
more pressing, as companies further their development and look
forward to filing applications. The fuel will need to come from
somewhere.
There are three companies out there that have enrichment
technologies, some of which have licenses, but probably not
licenses for this level of assay. So were they to pursue
construction of a facility, they would need to gain a license
amendment to enrich to that level. Once again, that is
something that would be through our fuel facilities branch. I
would expect making sure that such companies give appropriate
notice to the agency so that the agency can budget accordingly.
It is a matter of resourcing, and our personnel are certainly
capable of conducting those reviews.
There is one company out there in New Mexico that is
currently operational. It would also need to pursue a license
amendment to do that extra capacity. But I believe the agency
is certainly capable of accomplishing that, should any or all
of those companies come forward.
Senator Lummis. So how do the Commission members, and I
want to get to you as well, same question, how do the
Commission members get things past square one?
Ms. Caputo. It really begins with the applicants. The
Commission can't review something that isn't before it, so it
really begins with the applicants notifying the agency that
they intend to file an application. That is the signal, if you
will, that the agency needs to budget staff accordingly and
train, so that we are ready as soon as those applicants file
their application, so we can conduct an efficient review.
But that is really the starting signal, if you will. Other
than that, we have significant staff on board with expertise in
these areas. It would simply be a matter of refining that
expertise and making sure we are adequately staffed.
Senator Lummis. Thank you.
Mr. Crowell.
Mr. Crowell. Thank you, Senator Lummis. I agree with the
premise of your question, and I would say that it is long
overdue in being addressed, both from our national security as
well as an energy security standpoint. We have to pursue this
in a responsible way, but do it quickly. If we are going to
position ourselves to really lead in advanced nuclear
technology in the reactor space, we can't do it without a
secure domestic supply of enriched fuel as necessary.
So I think the Commission should be willing and able and
nimble in responding to any application that comes before it.
My understanding is that the Commission is working on
implementing the more iterative process with applicants for
various applications. I think that is a good way to expedite
things. So I will look into this. I agree that it is of
urgency.
Senator Lummis. Thank you both for that response. And as
you both know, certain technologies for use in uranium ore
processing are dual use remediation technologies. They cannot
only be used on NRC regulated activities, but remediation
projects governed by other agencies like the EPA. So the NRC's
determinations in regulating certain technologies would
directly impact their use for remediation projects under other
agencies.
Will you work to inform yourselves and work with us on
developing these dual purpose technologies going forward?
Again, addressing it to both of you.
Ms. Caputo. Thank you, Senator. I have actually toured
several uranium production facilities in Wyoming, both in my
former capacity but also as a commissioner. So I am somewhat
familiar with the uranium production technology. I am not
specifically familiar with the remediation technology that you
have mentioned. But I would certainly look at that and work
with my colleagues to address that technology.
Senator Lummis. Thank you.
Mr. Crowell.
Mr. Crowell. Thank you, Senator.
I agree that there is some promising technologies out
there. I think similar to the discussion earlier about how
small modular reactors may help with our waste profile by using
spent fuel or reprocessing, we could do the same potentially
through remediation on the uranium front. I know this is of
particular interest to Senator Kelly as well, in his State.
It is the NRC's responsibility to be knowledgeable in these
areas, so that if something does come before the Commission for
approval that they can act quickly and responsibly.
Senator Lummis. Thank you both. Thanks for your willingness
to serve. I agree, this is something Senator Kelly and I will
have in common that we can work with you on. Thank you.
Thanks, Mr. Chairman.
Senator Carper. Thank you, Senator.
I am going to move next to Senator Kelly, then Senator
Boozman.
Senator Kelly. Thank you, Mr. Chairman.
Senator Lummis, I agree, this is an area that is important
to both our States. We can work together on it.
Thank you both for serving and testifying today. I want to
start by discussing the important role that nuclear power can
play in providing baseload power to support the grid,
especially during times of peak demand and during times when
renewable generation is unavailable.
In Arizona and throughout the West, one of the best sources
of baseload power has been hydropower. But with the risk of
Glen Canyon Dam at risk of getting the minimum power pools, the
level of water in Lake Powell has dropped so far that it may
not be able to generate electricity anymore, and this could
happen as soon as next year, there is a real urgency to ensure
that communities in the western United States have access to
clean and reliable sources of energy.
Ms. Caputo and Mr. Crowell, with the NRC poised to receive
an increasing number of applications for advanced reactors in
the next few years, how will you ensure that the Commission
conducts thorough but efficient reviews of this new technology,
given that the clear and urgent need for these new technologies
is there, especially in the West?
Ms. Caputo. Thank you for that question, Senator. I think
that is one of the largest challenges before the agency at this
point, is being ready for those applications as they come in.
So this is a matter of ensuring that adequate resources are
planned, and that we have adequate staff, but also particularly
the staff that are trained to actually review these
applications. Familiarity with the technologies that are coming
in, to the extent that these are innovative technologies that
the agency hasn't necessarily reviewed before, those will
require unique skill sets. So there is a fair amount of
technology specific training that would need to be conducted.
These are all activities that the agency has had underway
for quite some time in addition to the regulatory framework
development that has often gotten a lot more attention. So
there is the need to make sure that the framework is ready,
that it is clear, that it is predictable and efficient, so that
companies know how to develop high quality applications.
Senator Kelly. Do you feel it is ready now, or do you need
some more time to get there?
Ms. Caputo. The agency has repeatedly said that it is ready
to review should these applications come in. They are starting
to come in. So part of that then I think is also the training
piece of making sure that we have adequate people as the number
of applications increases to make sure that we are adequately
staffed across various technologies and various applications.
So it is a matter of wrestling with making sure we have the
right people in the right place at the right time.
Senator Kelly. Thank you. I want to switch gears in my
remaining time here. As both of you know, commercial scale
nuclear fusion reactors are something that is possible here in
the future. While this technology is still in the R&D phase,
there has been some progress made in recent years. And it is
likely that the NRC at some point will need to begin the
approval process for these technologies in possibly the not too
distant future.
Do you believe that fusion reactors should be regulated the
same way that nuclear fission reactors are regulated?
Ms. Caputo. Senator, I firmly believe that the regulation
of fusion technology should be risk informed. In that way, the
risk profile for a fusion reactor would be substantially
different than an existing reactor. And I am not sure exactly
where the staff's work on this topic is at the moment.
But I know that there is some consideration of whether it
would be regulated more as a materials possession facility,
given the nature of how it operates rather than the full
regulatory framework that you would expect for an existing
light water reactor.
Senator Kelly. I think you have the line of thinking
correct. Often, we throw the word nuclear out there in front of
something, and people get rather nervous. This technology is
much different than a fission reactor. Where we have always
thought about these things being 20 or 30 years in the future,
I think at least for me, it feels like it is now closer than
that.
Thank you for paying attention to this. Thank you to both
of you for being here today.
Ms. Caputo. Thank you, Senator.
Senator Carper. Senator Kelly, thank you for raising a very
interesting question. While you were speaking, I said to
Senator Capito that I don't know that we have had a hearing in
this Committee that focuses on nuclear fusion. But it is quite
timely. It has always been over the horizon, over the horizon.
I think it is getting closer. Thank you so much for raising
that.
Senator Markey, if he were here, he would be in order. He
is not.
Senator Boozman is here, and we are delighted that you are
here.
Senator Boozman. Thank you, Mr. Chairman, and thank you for
holding this very important hearing. Nuclear energy creates
jobs, powers our homes, businesses, is a key contributor to our
national defense capabilities. Additionally, nuclear plays a
key role to help produce low cost, safe, reliable, and carbon
free electric generation for Arkansas and the rest of the
country, especially when compared to the costs or efficiency of
some of the renewables.
While we must continue to accelerate innovation and
encourage private sector investment in advanced nuclear reactor
technologies, we should not ignore the 93 nuclear reactors
currently in operation. Ms. Caputo, will you elaborate on the
importance of continuing to support our existing fleet that
generates roughly 20 percent of our Nation's electricity and
over half of our carbon free energy?
Ms. Caputo. Yes, Senator, it is always good to see you.
Thank you for that question.
Obviously, the work of oversight of these 93 operating
reactors is the lion's share of the agency's workload, and
certainly where the largest portion of our employees focus
their time. So part of ensuring that these reactors continue to
operate safely, and for many, for years to come, is the
importance of our resident inspectors keeping an eye on things
daily and ensuring that they are operated safely.
But there is also considerable licensing work that goes on
to address these facilities as they change. Many people think
of a nuclear plant as just being built and then it runs. But
the reality is, over its lifespan, many, many parts of the
plant are replaced and modernized. And depending on the nature
of that equipment, those require varying levels of regulatory
attention, either through license amendments or inspections
during installation, etc.
So I think that remains a huge focus of the agency to make
sure that modifications and modernization can take place to
allow these facilities to remain vibrant sources of power, but
safe sources of power in their communities.
Senator Boozman. Very good. We have the issue with the baby
formula, where you have a plant that supplies a great deal of
the formula to the country; it goes down, and then you have got
a crisis. So I would hope that we would look at that in that
context of what happens if we don't, in a way that we recognize
the importance and how the grid all works together.
You all understand this much better than I. But I do know
that we can get ourselves in trouble by not recognizing that
and working to make sure not only that that we have the
adequate power but the hallmark of us being able to compete
with countries overseas. We can't compete with labor, but we
can compete with energy, which is so, so very important.
Ms. Caputo. If I may add, Senator, one thing that I would
add to that is just my experience working for a utility right
out of college. It was a utility that had several plants that
were not necessarily performing well.
What I learned from that experience is, the company's
recognition that very high standards of safety go hand in hand
with high levels of operational performance. And so I believe
many licensees recognize that and work very hard to maintain
their levels of safety. And the inspectors keep an eye on that
to ensure that they do.
But there is that recognition of the importance of
continuing to operate is dependent on continuing to operate
safely.
Senator Boozman. Right. We actually had, in the Ag
Committee, we had a hearing on the drought out west. I
appreciate Senator Kelly bringing up the idea with the lake
levels being so low you are not going to be able to potentially
generate electricity. It doesn't seem like that is going away
any time soon. But those are the kinds of, we have to cross
agencies and get that kind of information, or we are going to
get ourselves in trouble in some regions of the country.
Do you have anything to comment on, Mr. Crowell, before the
Chairman yells at me?
Mr. Crowell. Thank you, Senator. I will try to be quick and
efficient here.
Coming from Nevada, we understand the analogy that Senator
Kelly made as well with the Hoover Dam and those challenges. As
we talked about in this hearing, the importance of nuclear
energy for our national security, our energy security, meeting
our climate goals, are all integral.
But if we don't manage that power supply responsibly,
particularly maintaining the existing fleet while we transition
to new nuclear power, and there is a hiccup there in how much
power is supplied by nuclear, we are going to undermine all of
those larger goals. So it is important for the NRC to be able
to meet that challenge. If confirmed, it is something I will
focus on as well.
Senator Boozman. Good. Thank you.
Thank you all for being here.
Senator Carper. Senator Boozman, thank you for being here
and for your questions.
Senator Markey has joined us.
Senator Markey, if you are ready, I am happy to recognize
you.
Senator Markey. Thank you, Mr. Chairman, very much.
The Nuclear Regulatory Commission is responsible for
ensuring a safe, effective, and efficient decommissioning
process of nuclear power plants, including the Pilgrim Nuclear
Power Station in Plymouth, Massachusetts. But I am very
disappointed that the Nuclear Regulatory Commission's proposed
decommissioning rule would fail to strengthen the
decommissioning process and would prioritize industry savings
over community safety.
In the latest version of the proposed decommissioning rule
at the NRC, the Commission would have no ability to formally
approve a nuclear plant's decommissioning proposals, known as
post-shutdown decommissioning activity reports. All they can do
is acknowledge that they received the decommissioning plan from
the nuclear company.
That is like having a mechanic that checks to make sure
your car has all four tires without having to check to make
sure those tires don't have a hole in them. It is a policy
designed for a crash. All the NRC will do is accept the report
from the nuclear company, and just note that they had received
it. And that would be the NRC's role. That is irresponsible. It
is like a take home exam where the student says, I get an A,
and the teacher says, OK, I am writing down an A. That is OK in
school, maybe. But it is not OK when it comes to the safety of
the American public and nuclear power.
So my first question is, I will say to you, Mr. Crowell, do
you think it is important for the NRC to have a role in a
formal process, legal process, to ensure that the public has an
ability to be able to comment on the decommissioning plan
before it is finalized by the NRC? Do you think the public
should be able to intervene at that point?
Mr. Crowell. Thank you for the question, Senator, and thank
you for meeting a week or so ago and discussing this topic. As
I mentioned earlier in questioning, I see the NRC's
responsibility as not just to the regulated industry, but to
the American people. That includes the communities that our
plants and other regulated entities are in.
We need to honor that. If confirmed, I will be looking at
this seriously and delving into it. I would be happy to work
with you going forward to make sure that we strike the right
balance.
Senator Markey. Do you agree that it is unacceptable to cut
the public out of a process as important as decommissioning?
Mr. Crowell. I believe the public and stakeholder
engagement is paramount in the regulatory process.
Senator Markey. Do you believe that means hearings and a
legal process and no exemptions for emergency response
planning, that all of that has to be factored in?
Mr. Crowell. It is somewhat difficult for me to answer
that, having not served on the Commission. But in general, yes,
the participation and support from a community, whether it is
decommissioning or creating new nuclear power plants, is
critical. It is essential.
Senator Markey. We saw this in Massachusetts, where the
only reason Massachusetts, the Attorney General, could
intervene was that there was a transfer of ownership of the
plant over to Holtec from Entergy. Otherwise, Massachusetts
could not intervene. Because they could intervene, what came
out of it is Massachusetts got financial assurances for the
community. Massachusetts got stronger cleanup standards.
Massachusetts got a commitment that they would move to a
greenfields standard. All that because Massachusetts could get
in.
So that is the flaw in this whole system. Because
otherwise, all the NRC could do is just accept the plan from
Holtec. So if Massachusetts was able to get it because there
was a plant transfer, there are 49 other States where perhaps
they will not do a transfer, and therefore there will be no
process for the public to get in for a State attorney general
to say, protect us.
So do you agree, Ms. Caputo, that the public should be able
to have public hearings on a decommissioning plan as it is
submitted to the NRC?
Ms. Caputo. Senator Markey, not having served with the
Commission that voted out that decision, I would be hesitant to
comment on the nature of their decision. This is something
that, there are proposed rules out for lengthy public comment.
If confirmed, I would certainly want to consider the full
nature of the rule, and I would want to discuss it with my
colleagues.
Senator Markey. In principle, do you believe the public
should be able to comment upon important decisions related to
nuclear safety in their community before those decisions are
finalized?
Ms. Caputo. Senator, there is an ongoing public comment
period for the rulemaking now.
Senator Markey. I mean on the specific plant in the
specific State, like Pilgrim in Massachusetts. Should the
public be able to intervene and ask questions about this final
plan, the safety, the finances for the community for the long
run? Should they be able to ask questions, or is it all over?
Once this rule is finalized there is no role for the public at
all. It is all over. It could be a complete mess of a plan that
this company that is trying to maximize its profits, Holtec,
just trying to max out, and cut safety, shouldn't they be able
to make some comments in the community?
Ms. Caputo. Ultimately, Senator, the Commission has
responsibilities for inspection during decommissioning. There
are site release standards that are issued by EPA; sites cannot
be released until the NRC verifies that decommissioned
facilities have met those site release criteria. So there are
protections in place.
Senator Markey. There is no ability for the public to raise
the issues. Only because Massachusetts raised the issues did we
get all these concessions.
Now, if they got those concessions for Massachusetts, why
can't other States get the same concessions? Otherwise Holtec
will go to the other States and say, under this new rule, the
public is not even going to be allowed to get in. The attorney
general of every other State can't get in. We are all set, and
we have an NRC ready to rubber stamp what we did.
That is our big problem now. You need to have a State, you
need to have individuals be able to raise those issues. Because
at Pilgrim, and the proposed rule, plants would be able to
strip away their emergency planning response capabilities
before all the spent fuel is even out of the pools. Is that
unbelievable? No emergency response plan, and the spent fuel is
still in the plant.
That makes no sense. The State should be able to raise
those issues and say, we need those safety protections in
place. By the way, FEMA says that is dangerous. FEMA. Well, how
about the attorney general of a State? Why can't they get in
and say it? Why can't we have those public hearings? Why can't
everyone understand it?
So all I would say to both of you is, please firm up on
this, whether or not you believe the public should have a
voice; whether or not attorneys general should be able to get
in and raise questions, and not just in a context that plant's
ownership is transferred, which triggers the ability for a
State to get in, but in the ordinary process of 90 plants still
left to be decommissioned. It is absolutely critical that we
get this issue resolved once and for all. The public's voices
will be heard.
Mr. Crowell, I will give you one final comment.
Mr. Crowell. Thank you, Senator Markey. I would just say
very quickly, not having served on the Commission, my
perspective broadly is that if the public is going to trust the
NRC to safely regulate new nuclear power going forward, they
need to also have trust that we can safely decommission plants
as well. Striking that balance and building that trust is
essential to the work of the Commission.
Senator Markey. Yes, the balance is obviously the public's,
and then the Commission votes, and then everyone knows that
they heard the evidence, and still voted the way they did. That
is the whole key.
Thank you, Mr. Chairman. I very much appreciate it.
Senator Carper. Sometimes our Committee hears me say that
on a particular issue, or when a question comes up, if I don't
have an absolute answer I default to the Golden Rule, just to
make sure we treat other people the way we want to be treated.
The Golden Rule. You know what that is. Keep that in mind.
I have a question. I think it was you, Ms. Caputo, who said
somewhere earlier in the hearing, I think these were your
words, aging work force is a challenge. Aging work force is a
challenge. I think it is, at the NRC. I think it might also be
an opportunity. It is a two headed coin. Albert Einstein used
to say, in adversity lies opportunity.
With respect to the aging work force, where is the
opportunity? Ms. Caputo, would you go first, then Mr. Crowell?
Where is the opportunity?
Ms. Caputo. The opportunity in an aging work force is to
fully capitalize on the expertise and experience that has been
felt over a lengthy career. I think the challenge is replacing
that expertise as these people choose retirement and ensuring
that the people behind them ready to fill their shoes are
developed and trained and ready. So I think that is where the
challenge is.
One thing I think that is perhaps not fully reflected in
the NRC's ranking of best places to work is the fact that a lot
of our employees continue to serve while past the time when
they become eligible to retire. And I think two things about
that. One, I think that is a credit to the agency, and their
desire, their dedication to continue working, and also their
appreciation of the work environment that they enjoy so much.
It is certainly in the agency's best interests to remain a good
place to work and capitalize on that expertise as long as those
people continue to be willing to serve.
Senator Carper. Same question, Mr. Crowell. I think we all
agree that an aging work force at the NRC and other agencies as
well is a challenge. Where is the opportunity in that aging
work force?
Mr. Crowell. I agree with Ms. Caputo's comments as well. I
think preserving that institutional knowledge is critical as
the work force ages and retires. Then looking forward for
recruitment, if you are in any STEM field that works on
nuclear, within any STEM field, the NRC should be a place that
you want to come and work because of what lies ahead for the
NRC in terms of its mission and duty. It should be an exciting
place to work, unique compared to working in industry or
elsewhere.
I think that is the attractiveness. I think the younger
generation will be drawn to that. But we need to reach out to
them and be connecting. That is always a challenge in
government agencies.
Senator Carper. Good. I am going to give you a last
opportunity, if there is anything else you would like to say,
maybe a question you haven't been asked and you would like to
answer the question now. If you would like to do that, take a
minute to do that, each of you. Then I am going to yield to
Senator Capito for any questions that she may have, and we will
wrap it up.
Any closing thoughts or any questions you wish you would
have been asked?
Ms. Caputo. Senator, as you know very well, this
Committee's level of interest in these issues and in this
agency is profound. These discussions and these opportunities
to testify always have very vibrant discussions that cover the
waterfront.
With that said, I would not have any further questions to
suggest.
Senator Carper. Mr. Crowell, any last comments before we
wrap it up?
Mr. Crowell. One very brief comment. The career staff at
the agency is critically important. But how the commissioners
work together is also critically important. I think
collaboration is key, and knowledge sharing is essential. That
is certainly the approach I will take if given the honor to
serve on the Commission. It will be a pleasure to work with Ms.
Caputo in that regard as well. I have a relationship with the
chair from our time at DOE, and I think we are going to be a
very effective group of commissioners, if confirmed.
Senator Carper. All right, thanks.
Senator Whitehouse, as you walk out the room, thanks so
much for joining us and for your good words about one of these
nominees.
Senator Capito, any last thoughts?
Senator Capito. I want to thank both of you for your
willingness to serve. I think we have some very substantive
issues out. I look forward to supporting both of you in your
nominations. Thank you.
Ms. Caputo. Thank you, Senator.
Senator Carper. I think I have something else I need to
say, some boilerplate here. Again, thank you on behalf of the
entire Committee and our staff. I want to thank our staffs for
helping us prepare for this hearing.
Thank you for your willingness to serve, and to your
families, thank you for your willingness to share your loved
ones with us. The Nuclear Regulatory Commission is clearly a
vitally important agency, maybe more important now than it has
ever been. It is important for providing safe nuclear power to
our Nation as we continue to confront the worsening climate
crisis.
The agency needs good leaders. We are looking forward to
consideration of both your nominations in the coming week.
Before we adjourn, a little bit of housekeeping. First, I
want to ask unanimous consent to submit into the record a
variety of materials related to today's hearing.
Is there objection?
Hearing none, without objection.
[The referenced information follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Senator Carper. Finally, Senators will be allowed to submit
written questions for the record through the close of business
on Wednesday, June 22nd. We will compile those questions; we
will send them to you, both of our witnesses. We ask you to
reply to us by July 6th, 2022.
With that, I think it is a wrap. Thanks so much.
This hearing is adjourned.
[Whereupon, at 11:35 a.m., the hearing was adjourned.]
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