    [Senate Hearing 118-713]
    [From the U.S. Government Publishing Office]

                                                            S. Hrg. 118-713

                                BUSINESS MEETING

    =======================================================================

                                    MEETING

                                     of the

                                  COMMITTEE ON
                          ENVIRONMENT AND PUBLIC WORKS

                              UNITED STATES SENATE

                        ONE HUNDRED EIGHTEENTH CONGRESS

                                 FIRST SESSION

                                   __________

                                 JUNE 14, 2023

                                   __________

      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

    61-667                    WASHINGTON : 2025

                   COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

                        ONE HUNDRED EIGHTEENTH CONGRESS

                                 FIRST SESSION

                      THOMAS R. CARPER, Delaware, Chairman
              SHELLEY MOORE CAPITO, West Virginia, Ranking Member

    BENJAMIN L. CARDIN, Maryland         KEVIN CRAMER, North Dakota
    BERNARD SANDERS, Vermont             CYNTHIA M. LUMMIS, Wyoming
    SHELDON WHITEHOUSE, Rhode Island     MARKWAYNE MULLIN, Oklahoma
    JEFF MERKLEY, Oregon                 PETE RICKETTS, Nebraska
    EDWARD J. MARKEY, Massachusetts      JOHN BOOZMAN, Arkansas
    DEBBIE STABENOW, Michigan            ROGER WICKER, Mississippi
    MARK KELLY, Arizona                  DAN SULLIVAN, Alaska
    ALEX PADILLA, California             LINDSEY O. GRAHAM, South Carolina
    JOHN FETTERMAN, Pennsylvania

                   Courtney Taylor, Democratic Staff Director
                   Adam Tomlinson, Republican Staff Director

                                C O N T E N T S

                                  ----------
                                                                       Page

                                 JUNE 14, 2023
                               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
      Virginia.......................................................     2
        Opening Statement, Business Meeting on Wednesday, May 31,
          2023, Hon. Shelley Moore Capito............................     3

                                  LEGISLATION

    PN547, Nomination Reference and Report, Jeffery Martin Baran, of
      Virginia, to be a Member of the Nuclear Regulatory Commission..    21

                              ADDITIONAL MATERIAL

    Letter from various organizations opposing the confirmation of
      Commissioner Jeff Baran to another five-year term..............    10
    Letter of Support from the International Brotherhood of
      Electrical Workers (IBEW) to appoint Jeff Baran for another
      five-year term.................................................    14
    Commissioner Baran Voting Record Fact Sheet......................    17

                                BUSINESS MEETING

                                   ----------

                            WEDNESDAY, JUNE 14, 2023

                                   U.S. Senate,
             Committee on Environment and Public Works,
                                                        Washington, DC.
        The committee met, pursuant to notice, at 10:04 a.m. in
    room 406, Dirksen Senate Office Building, Hon. Thomas R. Carper
    (chairman of the committee) presiding.
        Present: Senators Carper, Capito, Sanders, Whitehouse,
    Merkley, Markey, Stabenow, Kelly, Padilla, Fetterman, Cramer.

              OPENING STATEMENT OF HON. THOMAS R. CARPER,
                U.S. SENATOR FROM THE STATE OF DELAWARE

        Senator Carper. Good morning, everybody. Welcome to the
    Environment and Public Works Committee. We are going to have a
    two-part show. In the beginning of it we will have a short
    business meeting to consider the nomination of Jeff Baran to
    serve a third term as Commissioner of the Nuclear Regulatory
    Commission. Once we have disposed of his nomination, we will
    turn to our hearing.
        We have been joined by Shailen Bhatt, who is the head of
    the Federal Highway Administration. We welcome him and others
    who have joined us.
        We need enough people to start talking, and when we get a
    few more people we will start voting on Jeff Baran. I thank
    everybody for coming.
        Over the course of his tenure, Jeff Baran has played a
    critical role in ensuring that the Nuclear Regulatory
    Commission (NRC) maintains its status as the world's gold
    standard for a nuclear regulatory agency. People ask me what
    the NRC does, they ensure safety with respect to all these
    nuclear power plants across the Country that are providing
    about half the carbon-free electricity for our Country.
        I commend Commissioner Baran for his efforts to help safely
    advance our energy security and address climate change through
    the work of the Nuclear Regulatory Commission. These include
    ensuring the safe licensing and operation of carbon-free
    nuclear technologies, such as the next generation of nuclear
    reactors and fusion energy as well.
        Mr. Baran has also worked to provide opportunities for
    engagement and input from all stakeholders, especially those in
    disadvantaged and underserved communities. In addition,
    maintaining a full panel of commissioners will help the NRC to
    continue to carry out its responsibilities effectively and
    efficiently.
        With all that in mind, I will vote yes on Jeff Baran's
    nomination. I urge our colleagues to join me in doing the same.
        Let me yield at this point to Senator Capito. Senator
    Capito, please.

            OPENING STATEMENT OF HON. SHELLEY MOORE CAPITO,
              U.S. SENATOR FROM THE STATE OF WEST VIRGINIA

        Senator Capito. Thank you, Mr. Chairman. We are here again
    this morning to consider, as we heard, the renomination of Jeff
    Baran to serve as a member of the Nuclear Regulatory
    Commission.
        Two weeks ago, the committee supported the bipartisan
    Accelerating Deployment of Versatile Advanced Nuclear for Clean
    Energy, the ADVANCE Act, by a resounding 16 to 3 votes. So we
    are committed to the ADVANCE Act, which will help position the
    United States as the undisputed global leader of nuclear
    energy, including the next generation of advanced reactors.
        Commissioner Baran's nearly 9-year record shows that he is
    not the right person for the NRC, especially at this critical
    time for nuclear energy and the emergence of new technologies.
    His votes and positions simply do not align with enabling the
    safe use of nuclear technologies that the NRC is expected to
    undertake in the coming years.
        Throughout his past nomination processes, he has a history
    of telling the committee he supports advanced nuclear and then
    not doing so once he is in office. I will not belabor the point
    now, but I believe that it has been made before, including at
    the last business meeting.
        Instead, I ask unanimous consent for my opening statement
    from our last business meeting and as well as a letter of
    opposition from several pro-nuclear organizations to be entered
    into the record.
        Senator Carper. Without objection, so ordered.
        [The referenced information follows:]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Senator Capito. Based on his record, I will oppose his
    nomination. Thank you.
        Senator Carper. Let me thank everybody for joining us
    today. We will address the nomination of Commissioner Baran to
    serve another term. We have a quorum, so let's get started.
        I call up Presidential Nomination 547, Jeff Baran of
    Virginia, to continue serving as a member of the Nuclear
    Regulatory Commission. I move to approve and report the
    nomination favorably to the Senate.
        Is there a second?
        Senator Cardin. Second.
        Senator Carper. It has been moved and seconded. The Clerk
    will call the roll.
        The Clerk. Mr. Boozman.
        Senator Capito. No by proxy.
        The Clerk. Mrs. Capito.
        Senator Capito. No.
        The Clerk. Mr. Cardin.
        Senator Cardin. Aye.
        The Clerk. Mr. Cramer.
        Senator Cramer. No.
        The Clerk. Ms. Graham.
        Senator Capito. No by proxy.
        The Clerk. Mr. Kelly.
        Senator Kelly. Aye.
        The Clerk. Ms. Lummis. Senator Capito. No by proxy.
        The Clerk. Mr. Merkley.
        Senator Merkley. Aye.
        The Clerk. Mr. Markey.
        Senator Markey. Aye.
        The Clerk. Mr. Padilla.
        Senator Padilla. Aye.
        The Clerk. Mr. Mullin.
        Senator Capito. No by proxy.
        The Clerk. Mr. Ricketts.
        Senator Capito. No by proxy.
        Senator Ricketts. I am here.
        [Laughter.]
        The Clerk. Mr. Sanders.
        Senator Sanders. Aye.
        The Clerk. Ms. Stabenow.
        Senator Stabenow. Aye.
        The Clerk. Mr. Sullivan.
        Senator Capito. No by proxy.
        The Clerk. Mr. Whitehouse.
        Senator Whitehouse. Aye.
        The Clerk. Mr. Wicker.
        Senator Capito. No by proxy.
        The Clerk. Mr. Chairman.
        Senator Carper. Aye.
        The Clerk. The ayes are 10, the nays are 9.
        Senator Carper. The nomination is favorably reported. My
    thanks to everyone who changed their schedule to be here so we
    could get this done.
        Now we are going to have the hearing with Shailen Bhatt,
    the Federal Highway Administration. Thanks, everyone for
    joining us. This concludes the committee's votes as part of the
    business meeting today. I thank all the members for their
    participation.
        I will now recognize any member who would like to speak on
    the matter we have voted. Does anyone want to speak on what we
    just voted on, the nomination of Mr. Baran?
        Hearing no requests, in closing, I am delighted that our
    committee has voted to report to the Senate the nomination of
    Jeff Baran to continue to serve on the Nuclear Regulatory
    Commission.
        I would like to ask unanimous consent to submit additional
    materials related to this morning's vote for the record,
    including letters of support for Mr. Baran's nomination.
        I also ask unanimous consent that the staff have the
    authority to make technical and conforming changes to the
    matters approved today. I would repeat those unanimous consent
    requests. Is there objection?
        Hearing no objection, so ordered.
        [The referenced information follows:]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Senator Carper. With that, our business meeting is
    adjourned. We will be getting ready to start the second half of
    the day-night header. Hopefully it will not extend into the
    nighttime. I do not think it will.
        [Whereupon, at 10:10 a.m., the committee proceeded to other
    business.]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                  [all]