[Congressional Record Volume 140, Number 81 (Thursday, June 23, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: June 23, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                             NUCLEAR SAFETY

  Mr. COHEN. Mr. President, shortly after taking office last year, the 
Clinton administration undertook a significant reorganization of 
Department of Energy and some of the elements of DOE's reorganization 
many think were highly commendable. Others, I might point out, caused 
me some concern at the time and particularly the fate of the Nuclear 
Safety Office.
  Under DOE's reorganization, the Nuclear Safety Office was folded into 
the Office of Environment, Safety, and Health. And the Office of 
Nuclear Safety is responsible for providing independent safety 
oversight of DOE's nuclear facilities. It is the only inhouse check on 
nuclear safety that is independent of those who manage DOE nuclear 
facilities.
  Now, partly in response to the criticisms from Members of Congress 
and others, DOE transferred the Nuclear Safety Office intact without 
reducing its staffing, at least initially. And while this also was a 
welcome decision, the reorganization had other effects on nuclear 
safety oversight that were of continuing concern.
  In order to have a sound basis for evaluating this matter, last April 
I asked the GAO to review DOE's restructuring of the nuclear safety 
oversight and to evaluate whether the proposed changes would improve or 
detract from DOE's ability to ensure nuclear safety. What the GAO found 
remains disconcerting. After its year-long review, it reached three 
basic conclusions.
  First, that DOE does not currently have an adequate number of 
qualified staff to oversee nuclear safety.
  Second, DOE does not have a mechanism to ensure that nuclear safety 
issues are elevated up the chain of command until they are resolved. As 
a result, DOE may fail to take action to correct known safety problems 
``potentially posing unnecessary risk to workers and to the public.'' 
This organizational flaw is particularly important because nuclear 
safety oversight officials told GAO that some DOE nuclear plant 
managers have become less responsive since its reorganization was 
adopted last year.
  Third, most importantly, GAO found that the independence of the 
nuclear safety oversight officials is compromised because they are now 
being directed to provide management assistance to those that they 
oversee. The regulators are, in effect, being told to become part of 
the plant management, undermining their ability to regulate in an 
objective, independent manner.
  Mr. President, I am prepared--and I was prepared this afternoon 
even--to offer an amendment that would hopefully make improvements on 
what has taken place with this reorganization plan. Because of the GAO 
report which was released publicly, and because of the questions that 
it raised, I agreed to meet with some DOE officials this afternoon. And 
I spent considerable time listening to the counter arguments 
that were made on behalf of Secretary O'Leary. I must say that I think 
the arguments that were raised to counter the GAO's investigation had 
some merit.
  So as a result of this afternoon's deliberations which consumed a 
good part of the latter part of the afternoon, I hopefully will be able 
to work out some kind of a compromise that will achieve the objectives 
certainly of the reorganization plan that the Secretary has in mind but 
also to ensure that there really is objective, independent oversight.
  It is sort of a catch-22 problem that they have. On the one hand, DOE 
would like to take the expertise of those individuals who go on to the 
plants to go to the on-line plant managers, assist them, and give 
technical assistance.
  There is a commendable aspect to that. But once you become part of 
the so-called management team, or even appear to be part of the team to 
ensure safety, then you tend to lose at least some measure of that 
independence that you are the overseer, and you are the one to be 
critical. It is hard to be critical of the team approach to this.
  I think the Secretary is very much aware, and she would like to see a 
separation of that function. Essentially, I believe what will be 
arrived at through this compromise will be a separate, independent 
office of nuclear safety oversight that a number of individuals within 
that office may from time to time be assigned to individual nuclear 
plant sites perhaps to give technical assistance. Those same 
individuals would not however be in a position to then conduct any 
oversight of that facility.
  So, in other words, we will be dividing up the personnel to send 
individuals who might be giving technical assistance to on-line plant 
managers' recommendations to ensure the safety of the workers and the 
public and to separate them from then being part of the oversight 
process for that plant.
  It sounds to me like, at least in theory, I hope in practice, that we 
can achieve the maintaining of that independent spirit within the 
oversight board as such.
  In theory, I say it may work out. We will have to wait and see how it 
is worked out in practice. But I am prepared to work with the 
administration to achieve a common goal; that is, to make sure that we 
provide the best possible safety measure that we can take for the 
workers and for the surrounding communities and the public at large.
  So I will offer an amendment, not this evening, but perhaps not even 
tomorrow, but only after we have worked this with the administration, 
to come up with what I believe will be an acceptable compromise.
  Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. NUNN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. NUNN. Mr. President, apparently, no one is going to come over to 
present any amendments this evening. I see no need to keep these 
hardworking people around here, Senators excepted.

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