[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





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        Available via the World Wide Web: http://www.govinfo.gov

                               ______
                                 

                 U.S. GOVERNMENT PUBLISHING OFFICE

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               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

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                                                                   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:]

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    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:]

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    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.]

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