▶ 0:14:53Chair Capito: Good morning to all of you and thank you for being here today. Today we will receive testimony from ho nieh who is nominated to serve on the nuclear regulatory commission for the remainder of the term expiring june 2029 and douglas troutman was the nominee to lead the epa office of chemical safety. First we will hear from ho nieh.
▶ 0:15:24Chair Capito: Strong unified leadership at the nrc will provide necessary conference to the industry and public we need to build more nuclear safely and quickly and to meet our energy needs. Five commissioners all aligned with ambitiously implement in the bipartisan advanced act, and executive order 14-300.
▶ 0:15:44Chair Capito: The commission and the nrc staff working on these efforts must carry out reform initiatives without losing sight of the agency's core responsibility and safety mission and deliver updated regulations that are durable and thoughtful. Mr. nieh's diverse and unique background provides them with the necessary experienced is to strike that balance.
▶ 0:16:08Chair Capito: He worked in many different roles including as a resident inspector, chief of staff or commissioner and ultimately as the office director for the most consequential nrc office, the office of nuclear reactor regulation. He has had two sints at international nuclear organization, the atomic energy organization and oecd's nuclear energy agency.
▶ 0:16:36Chair Capito: Most recently he was detailed to the institute of nuclear power operations, the nuclear industry's own safety watchdog. Today we will consider the nomination of douglas troutman to serve as assistant administrator pas office of chemical safety and pollution administration. This is essential to how are country regulates chemicals and sustains american competitiveness.
▶ 0:17:01Chair Capito: If confirmed he will inherit an office with well-documented problems and high stakes for the country and successfully addressing them. Mr. troutman brings 18 years of progressively more senior leadership having led legal and government affairs teams for more than a decade. Also serving as interim co-ceo during the final nine months of his tenure. I am confident Mr.
▶ 0:17:27Chair Capito: Troutman's legal and regulatory experience has prepared him for this role. The current chemical safety berries new and safer regulations under years of scrutiny and restrictions. That is the opposite of what congress intended in the bipartisan 2016 amendments. Instead of a balanced science-based approach the system today assumes the worst of every product by leaving legacy chemicals largely untouched.
▶ 0:17:56Chair Capito: As we work to improve the committee has received feedback on what works and what needs to be fixed. We have heard customers preferred older chemicals over newer ones. We have heard epa imposed restrictions that create major business impacts such as delaying investments and moving projects overseas.
▶ 0:18:27Chair Capito: The economic impacts of the status quo are clear and the environmental costs are especially troubling. For one large company even when it's clients tried to purchase chemicals compliance to be so unworkable that compliance is unfeasible. The only way to comply was to incinerate wastewater.
▶ 0:18:52Chair Capito: We are forcing companies to burn water to bring safer chemicals to market, and absurd backwards outcome. The gao and epa inspector general concluded the dysfunctional implementation is not a resource problem, it is combined issues of leadership and management and culture. I look forward to hearing from both nominees on how we can efficiently support environmental safety.
▶ 0:19:19Chair Capito: I will now turn to our ranking member for his opening statement and that I will turn to senator britt to introduce one of our candidates.
▶ 0:19:25Sen. Whitehouse: Let me welcome senator britt also and let me thank you, madam chair and welcome both of our witnesses. Mr. nieh, I appreciate your willingness to return to public service, to an agency where you have devoted nearly 20 years of your career. Be warned, this is not the same agency you left four years ago.
▶ 0:19:53Sen. Whitehouse: Over the past nine months institutional and technical knowledge have been gutted, dozens of senior managers and staffers have laughed or been pushed out, the administration hiring freeze has left the nrc unable to backfill positions. At the same time there is a rush to roll agency safety protocols and carry out organizational restructuring.
▶ 0:20:22Sen. Whitehouse: Unqualified staffers have moved into offices at nrc headquarters to "make recommendations" and "consult with" the agency. Despite calls for less political appearance, more members keep appearing at the nrc. Yet another arrived at the nrc last month.
▶ 0:20:47Sen. Whitehouse: The department of energy influence erodes the firewall that was the very purpose for the nrc's creation. Another clout hangs over the commission. You've nominated to fill an unexpired term, fired without cause in june. The first commissioner fired in the agencies history signaling influence pressure.
▶ 0:21:13Sen. Whitehouse: Fossil fuel operatives are infiltrating the agency with every motive to obstruct and delayed new technologies that will displace fossil fuels polluting electrons. This turbulence at the nrc comes at a pivotal moment where the U.S. needs to deploy more nuclear power safely to meet future electricity demand and cut greenhouse gas emissions. The nrc anticipates new reactor operations on a scale it is never been experienced.
▶ 0:21:42Sen. Whitehouse: It must review these applications in a predictable and timely manner. Most importantly the public must have confidence that nrc review is based solely on ensuring the public safety. The success of the nuclear industry in america depends upon that confidence. Mr. nieh you are well qualified to serve on the commission based on your naval nuclear reaction training and decades of experience at the nrc of international regulatory agencies and in the private sector.
▶ 0:22:13Sen. Whitehouse: But you must uphold the nrc's safety mission along with your fellow commissioners. You almost have the fortitude to stand up to political pressures that shut safety aside for expediency. My only reservation about your nomination is that you can and will do that. I expect to support you but I want to reserve judgment until after your hearing. I look forward to your testimony and answers to the committee's questions. As to Mr.
▶ 0:22:41Sen. Whitehouse: Troutman, the nominee for the office of chemical safety and pollution prevention, and this administration I would put that title in quotation marks, has spent his career as a lobbyist for oil and gas and chemical interests and for interest groups out to weaken protection against dangerous chemicals, groups aping the fossil fuel disinformation campaign to undermine science and obstruct efforts aimed at protecting people from pollution.
▶ 0:23:11Sen. Whitehouse: He will be the third such industry operative in the office he has been nominated to lead. He has stock in the companies's he is supposed to regulate, dow, procter & gamble. It is clear where his loyalty will lie. Mr. troutman will be one more industry proxy embedded at the polluter captured epa out to tilt the scales towards industry profits in away from transparency, public health, and safety.
▶ 0:23:39Sen. Whitehouse: Out to protect industry secrecy and profits and not protect the american people from toxic chemical dangers. This is what corruption looks like. I have zero confidence he cares about chemical safety or pollution prevention. I plan to opposes conversation and Mr. troutman, I challenge you to make me wrong.
▶ 0:23:57Chair Capito: Without opening statement I will ask senator britt to introduce Mr. nieh, and before she does that I would like to acknowledge carrie, his wife who is here and also cameron, his daughter. Not in attendance is hunter, your other daughter. I hope you listening, hunter when we are talking about you. Senator britt?
▶ 0:24:21Sen. Britt: Thank you madame chairman and ranking member cantwell members of the committee for the opportunity to introduce ho nieh. I want to welcome him and his family. It is an honor to join you today. Thank you for your willingness to serve. He has president trump's nominee to serve on the U.S.
▶ 0:24:42Sen. Britt: Nuclear regulatory commission and as referred to by the chair and ranking member ho has spent his career dedicated to advancing america's nuclear leadership in many capacities. This includes serving as director of the office of nuclear reactor regulation where he was directly responsible for reactor safety licensing and new reactor oversight.
▶ 0:25:08Sen. Britt: Ho skillfully served the nrc for more than two decades in a variety of leadership positions. This includes on-site resident inspector. The nrsc resident inspectors are the eyes and ears of the commission and his personal experience and strong leadership will keep our nuclear reactors safe.
▶ 0:25:33Sen. Britt: In fact, he will be the only nrc commissioner with experience as a resident inspector at multiple different reactor sites. A significant accomplishment that makes him uniquely qualified for this role. Aside from his time at the nrc he has a strong international experience that I believe this role demands.
▶ 0:26:00Sen. Britt: He advised the international atomic energy agency and separately serving as director of the division of nuclear safety technology and regulation at the nuclear energy agency puts him head and shoulders above the rest. Importantly, one of the reasons I am honored and proud to be here today is that ho is in alabamians. We are proud of all he has accomplished in our state is thrilled to have them represent us on the national stage.
▶ 0:26:32Sen. Britt: Alabama is a top producer of electricity for nuclear power in the country with five reactors between two nuclear plant making our state and national leader. As the vice president of regulatory affairs, ho has not only supported alabama's nuclear capabilities but also strengthened america's energy dominance.
▶ 0:26:53Sen. Britt: In this role ho had directly involved himself in helping bring three and four online, the first newly constructed nuclear units in over three decades. If I were to list each and every role that ho has served in around the nuclear industry I can promise you we would be here all day.
▶ 0:27:16Sen. Britt: His years of dedication to the industry, unparalleled understanding of science and demonstrate leadership immediately position him to advance the commission's directive of safely developing america's nuclear assets and materials. I urge this committee to support ho's nomination and I look forward to seeing all he is going to accomplish for our country. Thank you, madam chair.
▶ 0:27:39Chair Capito: Senator britt, appreciate that. I will now ask the nominees to move towards the witness table, please. Before you get seated we will do something. Before we moved to the opening statements I would minister the oath to receive their sworn testimony. If you would raise your right hand and answer the following questions.
▶ 0:28:08Chair Capito: Use where the testimony you are about to give to this committee is the truth, the whole truth, nothing but the truth so help you god? Let the record show the witnesses have answered in the affirmative so we shall now hear from the witnesses. Mr. nieh, when you are ready you can proceed with your opening statement.
▶ 0:28:35Mr Nieh: Thank you. Good morning chairman o, ranking member whitehouse and distinguished members of the committee. Thank you for this opportunity to appear before you today. I also thank senator britt for her kind introduction and support. Alabama holds a special place in my heart. Before I begin my remarks I would like to recognize and appreciate my wife carrie. She has been a constant source of love and encouragement.
▶ 0:29:04Mr Nieh: I also want to thank our daughters hunter and cameron and my parents catherine and ho nieh, sr. For their support. I am honored to be nominated by president trump serve on the nuclear regulatory commission. My term sam's -- my 10 spans 32 years where I begin as is and inspector and worked in a variety of roles.
▶ 0:29:29Mr Nieh: My desire to return reflects my commitment to the nrc commission and its dedicated workforce. I am thankful for the trust the nrc placed in me. Today it america's electricity demand is soaring driven by artificial intelligence, data centers, and economic growth. Nuclear energy is increasingly seen as a safe and reliable solution to help meet this demand. The work of the nrc is essential to our nation's welfare and energy security.
▶ 0:30:01Mr Nieh: Through safely expanding the capacity and lifetime of america's existing reactor fleet and timely licensing of new nuclear power plants. The nrc is at a critical crossroads. What worked well 50 years ago may not meet the needs of today. The advance act in executive order 14-300 are roadmaps for improvement and reform. I will work to ensure they are implemented effectively in ways that strengthen the credibility and public trust of the nrc.
▶ 0:30:33Mr Nieh: The nrc is capable of change. From 2018 to 2021 I served as director of the nrc's office of nuclear reactor regulation. During that time we improved and streamlined licensing and oversight programs using risk informed approaches. We modernized business tools to increase accountability and efficiency. Our aim was to focus nrc resources on what matters most to safety.
▶ 0:31:00Mr Nieh: Perhaps more importantly, we embarked on a culture change to become a more enabling and innovative regulator without compromising safety. We embraced a new vision statement for the nrc reactor safety program which is we make safe use of nuclear technology possible. This statement embraced the safety enabling elements of the atomic energy act and served as our shared sense of purpose.
▶ 0:31:27Mr Nieh: As I was leaving the agency a senior scientist shared with me that he initially had reservations about this new sense of purpose. Over time he came to believe it struck the right balance between safety and innovation. What encouraged me most was when he said that after three decades at the agency he felt more energized about the nrc's work than ever before. That shared sense of purpose that renewed energy are what I commit to bill if confirmed.
▶ 0:31:59Mr Nieh: Especially since the nrc's mission statement has recently been updated to include safety and enabling. In addition to my experience at the nrc I have had the privilege to work in international nuclear committee and the electric utility industry. These experiences gave me broader perspectives on how other regulators and organizations pursue safety, perspectives I believe can help the nrc adapt to today's challenges.
▶ 0:32:26Mr Nieh: If confirmed I will be an advocate for safety and the nrc principles of good regulation which are independence, openness , efficiency, clarity, and reliability. I hope to have this opportunity to mark -- to work with current members of the commission and the staff of the nrc. Thank you for the opportunity to meet with you. I look forward to your questions.
▶ 0:32:48Chair Capito: Our next nominee under consideration is douglas troutman. He is nominated to lead the epa's office of chemical safety and pollution prevention. Before joining the epa, Mr. troutman served for more than a decade as general counsel, corporate secretary come in senior vice president of government affairs for the american cleaning institute. Prior to that he served at various government affairs roles and as an aid to former senator alan spector.
▶ 0:33:20Chair Capito: Mr. troutman, you are now recognized but before you give your statement I want to recognize your wife pam who is here with us, your son max who I see, and emily is not in attendance but I hope you are listening because we are talking about you. Feel free to introduce anybody or other members of your families that might be here. We welcome your statement.
▶ 0:33:41Mr. Troutman: Good morning, madam chair, ranking member whitehouse, distinguished members of the committee. Thank you for holding the hearing. My name is douglas troutman and I have the privilege of appearing before you as the president's nominee to be the assistant administrator for epa's office of chemical safety and pollution prevention. I want to express my deep gratitude to president and administrators eldon for the confidence and trust they have put in me. It is an honor to be here.
▶ 0:34:15Mr. Troutman: I'm joined by my wife pam and my son max. Emily is online and also my mother bark -- my brother mark. My mother, my late father, and -- complete the colleagues and friends who support me and say I say deeply and genuinely thank you. I come to you with a deep respect for public service and serving the interest of others.
▶ 0:34:41Mr. Troutman: I follow on the path of my father who served in the military and siblings who did the same in the navy and the army and my sister who was a nurse. Coming from pennsylvania and residing in maryland I am fortunate to enjoy clean air, water, and land and also a robust economy that has showed me the power of dynamic innovations in the brilliance of new technologies. I seek to help all americans who have the same benefits I am fortunate to enjoy.
▶ 0:35:11Mr. Troutman: If confirmed I am committing to working to bring the best for all to this office to provide a clean and safe environment with an eye towards a strong economic growth and social well-being. My entry into public service began as a senate aide to arlen specter. The variety of issues I saw on capitol hill -- there I gained the unique vantage point to understand the impact of capital innovations on the lives of americans.
▶ 0:35:42Mr. Troutman: Most of my career has been spent in complex environmental legal frameworks and their role and importance of the federal and state level. I've been part of broad public policy roles could have engaged in statutory rulemaking process. The program office I am nominated to lead leads the chemical policy work across the environmental protection agency to develop and implement broad chemical policy programs.
▶ 0:36:09Mr. Troutman: It is charged with the mission of protecting you, your family, and the environment for potential risks. This reduces waste and saves energy and natural resources, leaving our homes and schools and workplaces cleaner and safer. The program staff are talented and dedicated and if confirmed I would be proud to lead them and to learn from them.
▶ 0:36:34Mr. Troutman: If confirmed I hope to bring a reasoned approach to engaging chemical management matters and issues under the belief that economic prosperity and environmental protection are not mutually exclusive. I pledge to work with the public , this committee, congress in a balanced and thoughtful manner that promotes clean air, land, and water and to leverage this innovations technologies to continue to stimulate economic growth.
▶ 0:37:04Mr. Troutman: I look forward to working with all of you to fulfill this mission. I thank you for the invitation and I look forward to answering your questions.
▶ 0:37:12Chair Capito: Thank you. Before we start the individual questioning I want to ask both of you these questions. There are three questions. Do you agree if confirmed to appear before this committee, members of this committee, and other appropriate committees to provide information subject to appropriate and necessary security protections with respect to your responsibilities?
▶ 0:37:36Mr. Nieh: Yes.
▶ 0:37:37Mr. Troutman: Yes.
▶ 0:37:39Chair Capito: You agree to ensure testimony briefings, documents, and other forms of information provided to the committee, its staff and other appropriate committees in a timely manner? Finally do you know of any matters that may place you in a conflict of interest if you're confirmed?
▶ 0:38:01Mr. Nieh: No.
▶ 0:38:03Mr. Troutman: No.
▶ 0:38:07Chair Capito: I will start my first questions with Mr. troutman. We are working to improve the efficiency and effectiveness of the epa chemicals program. Much of the public conversation is focused on speed or ways to address unacceptable multiyear delays in the review process. American innovators are also concerned about the outcome of this process.
▶ 0:38:31Chair Capito: If epa continues imposing burdensome restrictions it will effectively make it impossible for U.S. businesses to commercialize their new products. This creates massive uncertainty. New chemistries will be funneled into a commercial dead end. If in a if they survived this long drawn out review. Mr.
▶ 0:38:52Chair Capito: Troutman, do you agree the problem is timeliness and outcome, that is my first question, and as a follow-up, what specific reforms would you pursue to achieve faster reviews and predictable commercially viable outcomes?
▶ 0:39:10Mr. Troutman: I appreciate the question at the discussion we had in your office very much. Epa needs to ensure the reviews of the chemicals are timely using the best available science and follow the statutory instructions provided by congress. In direct answer to your question it is twofold. It is timeliness and it is outcomes.
▶ 0:39:36Mr. Troutman: I acknowledge your concerns and your observations with the program. As the administrators publicly remarked and in testimony before congress there are new resources coming to the office of chemical safety prevention, both in new team members but also in additional resources such as technological resources, I.t.
▶ 0:40:03Mr. Troutman: Resources, which we appreciate, to speed up those reviews and make sure they are done in a timely manner.
▶ 0:40:10Chair Capito: We also are going to be looking at the fee authorization that expires next year. This is an opportunity for us to address gaps for current implementation has fallen short. We are working on bipartisan legislation to achieve this goal. If confirmed will you work with congress in a timely and constructive manner on this effort?
▶ 0:40:32Mr. Troutman: I will.
▶ 0:40:35Chair Capito: Mr. nieh, during your time as the director of the nrc office of nuclear reactor regulation you lead an effort to change the culture of the office with the vision of making safe use of nuclear technology possible. This aligns with the nrc role to enable the use of nuclear energy by the advance act and as reflected in the recently updated mission statement.
▶ 0:41:00Chair Capito: Which you discuss your experience and how your efforts to bring about a culture change will help shape your vision for the agency as a member of the commission?
▶ 0:41:07Mr. Nieh: In my role as director of nrr, we embarked on this culture change to become a more enabling regulator. From my experience there I found the staff of the nrc is among the most dedicated staff I've ever worked with in my career and there were many staff that understood the need for ensuring that any nuclear development is brought to american safely but also that the nrc and nuclear
▶ 0:41:38Mr. Nieh: Technologies have significant benefit to the welfare of our nation. It is to focus on safety but at the same time recognize the benefit these technologies can bring to the united states. I feel confident the dedicated workforce at the nrc can rise and meet this moment and deliver to united states with congress and the president and the administration are asking for with the further development of nuclear technologies in the united states in a safe way.
▶ 0:42:05Chair Capito: As a follow-up to that, any time you're in a conversation when we are talking about the shortage of energy and nuclear enters the conversation it is almost as if there is a rolling of eyes of people you're talking about, because they feel like we will never get there because of the length of time at the expense of all of this but I think it is important and I would be interested to hear your
▶ 0:42:36Chair Capito: Insights into what our international leadership needs to be. It is important for our nation but it is important for our nation to lead and be the world leader. What is your perspective on that?
▶ 0:42:46Mr. Nieh: Referring back to the vision we embraced when I was last at the nrc about making the safe use of nuclear technology possible, one element of that was to reassert america's leadership in nuclear energy.
▶ 0:43:06Mr. Nieh: We recognized that having a robust civilian program and a regulatory process that enables this technology to be depleted more timely and safely gives us great benefit in global nuclear energy market. That was something in the spirit of making safe nuclear technology possible. My experience in the international nuclear community, america has incredible leadership through its technical capacity and credibility it brings to many of the international fora I have seen.
▶ 0:43:36Mr. Nieh: I think this is a great opportunity and I know the advanced act calls for greater collaboration in international activities to help restore america's leadership in global nuclear energy.
▶ 0:43:47Chair Capito: Senator whitehouse?
▶ 0:43:50Sen. Whitehouse: Thank you very much. Mr. nieh, I was glad to have the chance to meet with you and as I recall we discussed four dangers to the nrc, which I told you I would mention at the hearing in which I will now mention. The first is political influence over the nrc brought to bear by the industry through political channels at the white house.
▶ 0:44:19Sen. Whitehouse: White house is willing to fire nrc commissioners without cause is a good sign they seek to exert political influence and are likely beneficiaries of that exertion of influence would be nuclear industry plans trying to be rushed forward ahead of safety parameters. That is the first one. The second is infiltration by the department into the nrc. Bureaucracies love to expand, bureaucrats love control.
▶ 0:44:48Sen. Whitehouse: The efforts of doe to infiltrate their way into the nrc risk degrading the firewall between the doe, and the nrc, which is the safety regulator for the industry. A firewall that was the very purpose for the establishment of the nrc. I see the doe infiltration as dangerous. The third danger we discussed his staff collapse.
▶ 0:45:19Sen. Whitehouse: Whether that is because the staff are overwhelmed after so much in the way of departures or whether they are underqualified because people are being brought in who do not know what they are doing, but are perhaps obedient to doe or to the industry or something else, and the fourth is how many people who do not know the first thing about the nuclear industry but come out of fossil fuel are being put into the nrc?
▶ 0:45:49Sen. Whitehouse: The fossil fuel industry has a vested interest in slowing down and degrading the expansion of clean nuclear energy because every clean nuclear energy facility that comes online, to a significant degree, in fact often to its entirety, will displace fossil fuel generated electronics and the revenues the fossil fuel industry gets from generating those electrons.
▶ 0:46:17Sen. Whitehouse: Watch out for the possibility that these are moles whose purpose is not to advance the cause of safe nuclear energy quickly achieved, but to get in there and try to degrade and attack competing industries the way they attacked offshore wind facilities until a court put an end to that political nonsense.
▶ 0:46:46Sen. Whitehouse: Tell me how you will defend the nrc against those potential dangers it faces right now.
▶ 0:46:58Mr. Nieh: Ranking member whitehouse, I appreciated the opportunity we had to meet prior to this hearing and I understand your concerns. Related to the first two about administration influence and department of energy influence over the nrc, if confirmed I will 100% state committed to the independent safety mission of the nuclear regulatory commission to ensure all of the
▶ 0:47:29Mr. Nieh: Decisions nrc makes are in fact made independently with the right technical input.
▶ 0:47:34Sen. Whitehouse: Even if it gets you fired?
▶ 0:47:37Mr. Nieh: My focus will be on the nrc safety mission. I do not envision a circumstance where the president or anyone in the administration would advocate for anything unsafe. That would be counterproductive to the vision embraced in the advanced act of congress as well as the executive order 14-300 and I commit to you I will dutifully support the independent safety mission of the agency.
▶ 0:48:05Mr. Nieh: On your third point related to the staff, if confirmed one of my top priorities would be to work with my fellow -- other members of the commission to ensure we do everything we can to develop the leadership and talent at the agency to continue to do the excellent work it has been performing. One of the things I believe I bring to the table is the experience gained from the private sector in leadership and talent development.
▶ 0:48:35Mr. Nieh: There are many things I've learned over my years is very beneficial to help grow the agency. Senator, I assure you I will focus on ensuring the nrc has a capable and incredible staff to conduct his -- to conduct its work.
▶ 0:48:52Sen. Whitehouse: And watching out for fossil fuel moles?
▶ 0:48:56Mr. Nieh: I cannot speculate on your observation.
▶ 0:48:59Sen. Whitehouse: You have heard it. You will keep an eye out and if something shows up you'll be alert to it.
▶ 0:49:05Mr. Nieh: Yes.
▶ 0:49:07Sen. Whitehouse: There enough. My time has expired -- fair enough. My time has expired.
▶ 0:49:14Chair Capito: Senator curtis?
▶ 0:49:18Sen. Curtis: Mr. nieh, we had a chance to talk to you and in our conversation we talked about utah. Nuclear is clean and reliable and as we get up to scale it will become more and more affordable and utah would love to be a leader. Can you talk about how we can better engage states and how states can play a role in expediting and them into their states.
▶ 0:49:49Mr. Nieh: Thank you for that opportunity to meet with you prior to this hearing. As we discussed I believe the states are a very important stakeholder for the nuclear regulatory commission. The opportunities I envision for building on the relationships between the state and the nrc as it relates to nuclear development are for the nrc to share as much information as possible about any nuclear projects being under
▶ 0:50:19Mr. Nieh: Consideration for nrc licensing as well as explaining the process and the timelines of how nrc arrives at its safety decisions in any new nuclear project, if that comes before the agency.
▶ 0:50:35Sen. Curtis: Some of the things we talked about is helping utah get ahead of expediting sites. I also mentioned opportunities to run pilot programs in utah would be very interested in participating to see if we can find some new innovative approaches. I would like to shift the advanced act.
▶ 0:51:01Sen. Curtis: Inside that I have a bill called the advanced nuclear reactor prize act aimed at bringing predictability to innovators and as you know we had a very long process and a number of things including the unpredictably killed that application. What do you think if confirmed the nrc -- what are some of the steps they could take to ensure applicants have a more clear predictable path ahead of them?
▶ 0:51:32Mr. Nieh: Thank you, senator. In terms of predictability I believe the nrc in providing clarity of its licensing process and of course the advanced act is driving changes along with the executive order 14-300.
▶ 0:51:53Mr. Nieh: Having said that the nrc can greatly enhance the predictability by clearly explaining the licensing process so applicants well understand what is needed on their end to support a timely regulatory review in the nrc can also clearly explain their commitments on timeliness and what to expect during review.
▶ 0:52:14Sen. Curtis: If confirmed we look forward to working with you in the state of utah to see what we can do. Mr. troutman, I appreciate lee zeldin's prioritization of reducing the chemical review backlog. When he came here for his nomination that was a topic I brought up and I reminded him the previous administration had a 0% record for chemicals within the statutory guideline.
▶ 0:52:46Sen. Curtis: I continue to think that it that is impossible, you could accidentally improve one on time. I told lee zeldin I would give him time to get his feet under him and I would be as grumpy with him as the previous administration. Please know that is a huge priority. On lots of levels, whether you are concerned about the environment, you have all of the chemicals that can be replaced with newer ones, lots of reasons this can be a problem.
▶ 0:53:13Sen. Curtis: I'm wondering if you can take a minute and share what the impact of not approving these is on downstream users and how it is impacting innovation and what you are seeing because of the slow approval process.
▶ 0:53:27Sen. Curtis: -- Mr. troutman: I appreciate the opportunity to meet and talk with you in the moments I have remaining under your time. The innovative chemistries that could be spent to market and come to the fore for consumer and commercial use are so vital for american manufacturing, for the growth of the U.S. economy, and to help the U.S. economy remain competitive globally.
▶ 0:53:58Sen. Curtis: There are anecdotal and real-life examples of where those chemistries have not made it to the market in various applications, either in the consumer or commercial world. I am excited to work with you, senator, and members of this committee and with the administrator and -- to continue to press for more chemical reviews in a timely and certain way.
▶ 0:54:20Sen. Curtis: I yield my time.
▶ 0:54:23Chair Capito: Senator padilla?
▶ 0:54:26Sen. Padilla: I want to begin by echoing senator whitehouse remarks of the illegal firing of senator chris hansen. The firing was without cause and contrary to existing law and long-standing precedent regarding the removal independent agency appointees. As I mentioned during a previous hearing Mr.
▶ 0:54:49Sen. Padilla: Hansen was an exceptional public service in this action is another example of this administration's overreach and an example of how they threaten the very independence of the nrc. The fact that the nomination we are considering today is only open due to this unlawful firing taints the entire process. That being said let me raise a couple of key questions.
▶ 0:55:16Sen. Padilla: I remain deeply concerned about the continued presence of doge at nrc. Their presence threatens the very autonomy in subject matter expertise we are relying on to ensure nuclear safety and maintaining the trust of the american people. I ask this of current nrc commissioners during last months nrc oversight hearing. I want to ask it again today. Mr.
▶ 0:55:43Sen. Padilla: Nieh, if confirmed you commit to ensuring any doge staffers, even if they are labeled as doe detail eez do not dictate policy to nrc staff or have power over nrc staff, yes or no?
▶ 0:55:59Mr. Nieh: Yes.
▶ 0:56:01Sen. Padilla: Thank you. Do you support the separation of nuclear safety and nuclear promotion responsibilities between nrc and the doe?
▶ 0:56:10Mr. Nieh: Yes.
▶ 0:56:12Sen. Padilla: Thank you very much. Do you agree the nrc staff has unique and critical expertise necessary to license new reactors as compared to the expertise at dod or the dod?
▶ 0:56:26Mr. Nieh: Yes.
▶ 0:56:28Sen. Padilla: Thank you very much. Good answers. I also want to move on to another topic. Nearly 40% of americans live within three miles of high-risk chemical facilities. They are at an increased risk as a result, of cancers, respiratory illnesses, and other preventable illnesses from exposure to toxic chemicals.
▶ 0:56:57Sen. Padilla: Despite the mandate to evaluate the risks to groups with greater exposure or susceptibility that the general population, the epa recently proposed a rule to no longer include what was referenced as "overburdened communities" from "potential exposures to susceptible subpopulations." this rollback is in addition to other changes that would overlook increased risks to
▶ 0:57:29Sen. Padilla: Communities such as allowing the epa to narrow the scope of uses in exposure pathways evaluated in making use by use rather than whole chemical determinations. The question for you, Mr. troutman. You agree there communities that face disproportionate health risks because of proximity to chemical facilities?
▶ 0:57:48Mr. Troutman: I appreciate the question. The rule which I believe you are referring to is the proposed risk of evaluation role which was noticed for comment just a short time ago. As you know that rule has been proposed in various iterations in 2017, 2024, and now in 2025.
▶ 0:58:16Mr. Troutman: Based on the briefings I have had and the notice that is out there will be further comment on all aspects of the amendments with regard to what has been proposed and the federal register and we will take a very close look on where there is actual risk and looking at real-world conditions. We expect to review those comments in a timely manner.
▶ 0:58:39Sen. Padilla: Appreciate the additional context. I think my question is straightforward. You agree or disagree there are certain populations with disproportionate risk based on disproportionate exposure?
▶ 0:58:54Mr. Troutman: With the statute we will follow the statute and the authorization.
▶ 0:58:59Sen. Padilla: Do you believe there are certain communities with disproportionate exposure and therefore risk or not?
▶ 0:59:05Mr. Troutman: Where the statute indicates --
▶ 0:59:09Sen. Padilla: This is a pretty straightforward question. Geographic proximity is easy to understand. The data is absolutely there. My follow-up question if there was more of a common sense response to my first was if these considerations are being taken away, is there any new framework that you would have in mind to evaluate or address these increased risks or would you simply leave communities to their fate by declining to take any action to properly protect
▶ 0:59:40Sen. Padilla: Them?
▶ 0:59:40Mr. Troutman: Without prejudging out from I would like to see where the comments come in on this rule and consult with the subject matter of experts and understand where changes need to be made.
▶ 0:59:53Sen. Padilla: Thank you, madam chair.
▶ 0:59:57Chair Capito: Senator ricketts?
▶ 1:00:00Sen. Ricketts: Sherman o, ranking member whitehouse thank you for holding this important hearing. Good to see you both again. Thank you for your willingness to serve our great nation. Let's start by talking about the science used at the epa. The epa's regulatory process is supposed to be based upon a robust risk-based reviews.
▶ 1:00:30Sen. Ricketts: This is the right regulatory approach. We should be using the best available data and evaluate uses for chemistry based upon known risks. The biden administration epa had repeatedly overestimated foreign pesticide use in its efforts to comply with stringent endangered species act measures. This in turn has implications for fifra.
▶ 1:00:57Sen. Ricketts: The epa is required to use the best science and commercial data available when evaluating pesticides. Protections are critical to modern agricultural practices. Conflicting federal and state guidance threatens the use of pesticides used on to maximize yields while minimizing inputs despite international and american research indicating these are safe. Mr.
▶ 1:01:23Sen. Ricketts: Troutman, do you believe the epa has consistently followed sound science and its evaluation and approval of pesticides?
▶ 1:01:31Mr. Troutman: I appreciate the conversation we had in your office about these issues. With regard to the american farmer and the importance of crop protection but also the role of the farmer -- the role american farms play not only domestically but in the global realm, it is critical to help continue to innovate and stimulate american farm growth and the availability of crops
▶ 1:02:02Mr. Troutman: Not only to our own population but to competitive across the globe. Fifra and the other statutes are risk-based statutes and where the science leads to those data rich analyses the administration is committed to following the statutory authority and the authorization that is in place there for that on a risk-based analysis.
▶ 1:02:31Mr. Troutman: I am committed to consulting with the subject matter experts in making sure it is a risk-based analysis and to continue to balance these interests for human health and the environment and the american farmer and our competitiveness around the globe.
▶ 1:02:46Sen. Ricketts: That is what I was trying to get out is the implementation. I understand the epa models are structured to assume the maximum pesticide application when that is certainly not the case given economic costs. Does assuming the highest possible pesticide application rates truly reflect what is happening on farmers fields? Are you are aware of other places epa assumes risk-based approaches?
▶ 1:03:13Mr. Troutman: If confirmed I expect to get further briefings on other aspects with relation to your question and concerns. If confirmed I am committed to continuing to follow the risk-based statutory requirements that congress has provided to us.
▶ 1:03:30Sen. Ricketts: I encourage you to look for ways to implement the best and most up-to-date data. The epa regulates a real world and therefore the real world the epa should not rely and restrictive modeling to illuminate all risks.
▶ 1:03:45Mr. Troutman: Thank you, senator.
▶ 1:03:48Sen. Ricketts: We have heard complaints from agriculture about the process and decisions on pesticide review. One area of criticism has been the backlog of products under review. This limits the ability of our farmers to handle the latest and safest tools at their disposal. I understand the ministration is making headway but can you share any thoughts on how you plan to address this if confirmed?
▶ 1:04:12Mr. Troutman: The administration is making headway with additional resources, both financial and technical. With additional personnel to speed up those reviews but do them within the requirements we are statutorily bound by.
▶ 1:04:33Mr. Troutman: The importance of making sure that as the bathtub fills but gets empty if I can use that analogy with the backlog of the reviews we are making progress. The agency is making progress through the program staff and I would anticipate that continuing to be done.
▶ 1:04:53Sen. Ricketts: Thank you very much. One of the things I would highly recommend to you is the process for process improvement or some other process methodology. We had great success in the state of nebraska with that. It does not change any regulations, is just a way to improve processes to remove the steps that do not add value to consolidate steps to be able to run the process more effectively and efficiently.
▶ 1:05:25Sen. Ricketts: I certainly encourage you to take a look at that as you looking at how the epa manage the process.
▶ 1:05:31Chair Capito: Senator merkley?
▶ 1:05:35Sen. Merkley: My colleague from california asked the question of whether there are communities that have higher risks and you did not choose to answer the question. It is such a simple point that we know the cancer rates are higher in study after study around certain facilities, petrochemical facilities, chemical facilities.
▶ 1:05:58Sen. Merkley: I encourage you to do the easy thing and when a simple question is asked and there are simple clear facts just say guest instead of doing a big circular bureaucratic journey around the question. I did appreciate talking to you about the opportunity for good things for america in this role. This role of chemical safety approval, we have all kinds of chemicals that are causing harm.
▶ 1:06:28Sen. Merkley: That was highlighted by the study done in may and accentuated in september, make america healthy again. It laid out the risk associated with plastics and with p foss and chemicals. It also noted that often the studies that come from the industry are very biased compared to the rest. I thought that was fresh air about being honest about being the -- about the challenges we face for american health.
▶ 1:06:59Sen. Merkley: On the plastics front of the report says micro plastics, one study in 2025 shows a concentrations found in america's brain tissue increased by 50% between 2016 and 2024 as we've been able to measure micro and nano plastics we are finding more and more contamination inside of our bodies.
▶ 1:07:19Sen. Merkley: It noted that those plastics have endocrine disrupting chemicals that interfere with development, trigger early puberty and heightens the risk of obesity, infertility, and hormone related cancers. I appreciate that type of honesty about the challenges we are facing. We have chemicals that do amazing things but they're also effects on human health.
▶ 1:07:45Sen. Merkley: Let's face that honestly and wrestle with how do we maximize the good and minimize the harm that comes? On the plastics front both chemicals and plastics themselves and the additives are endocrine disruptors. That is a big significant contributor to the challenges we face for public health.
▶ 1:08:09Sen. Merkley: We heard from my colleagues the mission of accelerating the approval of chemicals but we know a lot of chemicals that have been approved or also having health related consequences. How are you going to use your position to help support the maha movement and try to figure out how we can minimize uses or applications in the plastics world. Plastics do a lot of amazing things. I'm not saying we are banning plastics.
▶ 1:08:37Sen. Merkley: When they get into the environment and get consumed by humans there is a risk factor. How do we try to figure out how to minimize that harm?
▶ 1:08:45Mr. Troutman: I appreciate the conversation we had and the time we had to meet in learning more about where your concerns and interests are with regard to the plastics matter and a couple of thoughts there.
▶ 1:09:04Mr. Troutman: With regard to the plastics and micro plastics at the agency, the administrator across the program offices recognize that micro plastics matter and plastics related interests there with regard to the science and protecting human health and the environment and is committed to using all of the program resources to continue to look at that across the programs that are within the environmental protection agency.
▶ 1:09:36Mr. Troutman: As the administrators committed and I do as well, we are working collaboratively across the federal family to ensure children in our environment are protected. With regard to where the maha strategy is, as the administrator has remarked and I am learning in my briefings, there are progrowth policies and collaborations with the private sector to advance research and drive innovation to increase public health awareness and
▶ 1:10:06Mr. Troutman: Address and understand where some of these critical issues are. Those are some of the commitments I am happy to talk about with you today.
▶ 1:10:17Sen. Merkley: I hope you pursue that because you will be under constant pressure to accelerate approval of chemicals and diminish doing anything about the harmful chemicals we have. We also talked about pfas and every nonstick pan. Consumers do not know where it ends. To get microwave popcorn and you do not know whether pfas is on it. You get the frozen food I eat every night and I've no idea if it has been sprayed with pfas.
▶ 1:10:50Sen. Merkley: Can we warn consumers about what this is so there is incentive for the industry to say of consumers do not want the stuff they should know and we will get alternatives? I cited example of growth hormone in milk. The weight was eliminated was because when people had small kids like we did we sought out the milk at the one place we could buy at that do not have growth hormones and pretty soon the dairy industry chose to say we are going to respond to that and collectively not use it.
▶ 1:11:20Sen. Merkley: Do you support at least labeling for us to be able to know, for americans to know when they are coming in contact with these pfas chemicals that have innumerable studies related to immune suppression and cancer risk?
▶ 1:11:36Mr. Troutman: I appreciate the question and the discussion. As you and I discussed the administrator has announced earlier this year a strategy across the agency for pfas and where the program office can help to advance that strategy and address some of these issues the program office will do so.
▶ 1:12:01Sen. Merkley: Thank you for the extra time. I will give some follow-up for the record on the other chemicals I'm concerned about. I do hope the strategy is not the strategy of doing nothing because that is what I am expecting and I would love for you to surprise us.
▶ 1:12:17Chair Capito: Thank you. Before I turn it over to senator blunt rochester I would like to ask for unanimous consent to submit various letters of support for both nominees. Without objection.
▶ 1:12:36Sen. Blunt: Rochester thank you chairwoman o. -- thank you chairwoman capito. Yesterday there was a split screen, coverage of committee hearings and a shutdown clock. It was a tale of two realities.
▶ 1:12:58Sen. Blunt: Our republican colleagues are holding hearings as if it is business as usual while americans are literally living in the midst of a shutdown at that depth that jeopardizes their health care, their jobs, and the services they rely on. The issues before us are very important but the number one priority in this moment should be reopening the government and restoring people's health care. Today I want to use my time to remind all of us about what is at stake.
▶ 1:13:29Sen. Blunt: We are in a pivotal moment. Energy costs are going up. The price of food has gone up. For some their rent has gone up. Millions of americans and red states and blue states alike are on the brink of their health care costs doubling or losing it altogether.
▶ 1:13:51Sen. Blunt: From small business owners, ranchers, and farmers to mom's and dad, at this moment americans across the nation are making difficult decisions about how to make ends meet. We can fix this but it requires negotiations. It requires us to do our jobs and define a path forward together. We can reopen the government. We can restore health care for the millions of americans who are counting on us.
▶ 1:14:18Sen. Blunt: It requires urgency and it requires trust and it requires a willingness to come to the table now. My republican colleagues control the white house, the house and the senate. The ball is in your court. I yield back.
▶ 1:14:39Chair Capito: I will resist saying something and turned to senator kelly. Seco kelly -- simple kell --
▶ 1:14:51Senator Kelly: As you know, I have spent a good amount of time in the navy and before that as a student at the U.S. merchant marine academy as a marine engineer working with power plants. I appreciate your leadership in this industry.
▶ 1:15:18Senator Kelly: I think the nrc is at a critical crossroads. It's independence is under pressure. Key staff is in removed or left. The nrc is being asked to do a lot more. And to do it faster. He recently served at the institute for nuclear power operations, a respected nonprofit.
▶ 1:15:45Senator Kelly: While later and praised for its safety mission, I concerns about applying that model to the nrc. Imposed funded by the very industry it evaluates and its findings are not made public. That is not the level of independence and transparency we expect from our agencies. As the nrc is asked to do more with less, I worry about the appearance the commission is in the pocket of the industry.
▶ 1:16:11Senator Kelly: We cannot have the american public feel that nuclear reactors are being deployed without independent oversight. Mistakes -- the stakes are just too high. How will you ensure the nrc maintains to independence from industry even as you collaborate to meet ambitious deployment goals?
▶ 1:16:35Mr. Nieh: I appreciate the opportunity we had to meet and I appreciate the connection we had with our merchant marine backgrounds. To your question about nrc's independence and being asked to do more at a time when the resources may be challenged with staffing levels, senator, I fully committed to ensuring that nrc's safety decisions are made independently.
▶ 1:17:02Mr. Nieh: Moreover, when I think about your comment about industry and nrc being in the pocket of industry, working for a private company, that electric utility and the institute of nuclear power operations, I have observed and learned those private organizations are 100% committed to the safety of their operating facilities.
▶ 1:17:25Mr. Nieh: I believe from my experience that institute of nuclear power operations at the high level of safety and reliability that exist today in the power plants that are operating with a few possible about the work of inpo. Nrc is an independent regulator by law. Independence does not apply isolation.
▶ 1:17:47Mr. Nieh: I commit to doing the job independently focused on safety first, working with other members of the commission and staff to the nrc to ensure that safety will always be the number one priority. We will listen to all stakeholders.
▶ 1:18:03Sen. Kelly: The nrc has been asked to reduce permitting time and issue more licenses than it has in decades. The administration wants 10 new reactors by 2030. That is nearly as many as have been done in the past 25 years. Cannot be done without sidelining public participation or compromising safety?
▶ 1:18:26Mr. Nieh: I think the public has a right to access the federal and government processes involved with the nuclear power projects. If confirmed, I commit to ensuring the nrc follows all applicable laws and statutes related to poor related to p public participation in the licensing process.
▶ 1:18:48Sen. Kelly: Do you think we can license 10 new reactors by 2030 safely?
▶ 1:18:54Mr. Nieh: If it comes up for the nrc, I commit I will work with the current members of the commission to ensure any agency decisions are done with safety as a top priority.
▶ 1:19:04Sen. Kelly: They also want, the administration, wants three small modular reactors up and running by next july. A lot of the technology is still untested or is in testing. Some project only recently broke ground. From an engineering and safety standpoint does the timeline seem to you to be overly optimistic to get these three up by july?
▶ 1:19:29Mr. Nieh: I don't want to speculate on the optimism of any particular schedules or goals. I will say that if anything comes to the nrc, if confirmed, I will ensure that nrc does its job with safety first. It has to be safety first. Recognizing there are some timelines on the table, the work of the agency has to be done with safety.
▶ 1:19:56Mr. Nieh: Beyond the regulatory process in our discussion you recall we talked about some of the other factors such as financing, supply chain for long lead time components and the workforce to construct the projects. Those are things that are not directly under the purview necessarily of the nrc. Those are factors that would need to be considered for any timeline of a large nuclear project.
▶ 1:20:19Sen. Kelly: Thank you. I believe that nuclear is part of the solution. We have rising energy demand needs. Clearly this needs to be done in a way that is safe and where the general public is fully informed. Thank you.
▶ 1:20:35Chair Capito: Senator lummis. Several lummis --
▶ 1:20:43Senator Lummis: Mr. nieh, you would like to make safe use of nuclear technology possible. I agree with that. I think we all agree that is the ultimate goal. How would you work with other nrc commissioners to reflect that mission of enabling the use of technology but retaining the nrc's mission as a nuclear safety regulator?
▶ 1:21:13Mr. Nieh: I appreciate the opportunity we had to meet in advance of the hearing. In terms of looking at safety and enabling, which is part of the atomic energy act and the organic elements of the agency, if confirmed I 100% commit to working collegially with the other members of the commission to ensure decisions are made with safety is a primary consideration.
▶ 1:21:42Mr. Nieh: In the collegial process there are opportunities for commissioners to engage with each other one-on-one or even during commission meetings. Perhaps those are opportunities to discuss the enabling aspects of how the safe use of nuclear technology can bring benefits to our society in a wide range of fields. If confirmed, I commit to you to do that.
▶ 1:22:02Sen. Lummis: As you are aware, one of the early licensees and future developers is in my state. Terra power. How are they not disadvantaged by shifting regulatory frameworks intended to benefit future applicants?
▶ 1:22:27Mr. Nieh: Senator, I think in any process if you're moving the goalpost, that is never good for getting the desired outcome. I think there are opportunities for early movers such as terra power to be thought leaders and things I could actually improve the permitting process in terms of its efficiency. At the same time maintaining the safety decision is the primary focus.
▶ 1:22:53Mr. Nieh: I believe going to the process is perhaps an opportunity that could be future regulatory reform. I commit I will work with other members of the commission to provide the leadership and direction to the staff if needed.
▶ 1:23:12Sen. Lummis: Thank you. I look forward to working with you in that regard as well. In addition, as you know, it's important the nrc quickly proceed with streamlining his environmental review requirements. It's been an area where they have been bogged down for years.
▶ 1:23:34Sen. Lummis: Could you tell me what you view as the most impactful opportunity to streamline the nrc's environmental review requirements?
▶ 1:23:47Mr. Nieh: In the advanced act there are a variety of opportunities to streamline environmental reviews such as expanding the use of a generic environment till impact statement, leveraging the use of categorical exclusions and reducing the sheer volume of an environmental review.
▶ 1:24:08Mr. Nieh: I believe other opportunities exist to perhaps look at any redundancies that are in an environmental review that might be occurring in the safety review. Also it is worth looking at there are any areas where the nrc is going above and beyond unnecessarily the minimum standards in the national environment of policy act.
▶ 1:24:36Mr. Nieh: Perhaps there's opportunity to leverage modern business and data tools to facilitate more for that environmental reviews. -- expedite more environmental reviews.
▶ 1:24:47Sen. Lummis: With regard to our U.S. enrichment technology, can you explain how you would go about processing licenses for U.S.-don't nuclear fuel facilities, including enrichment facilities using U.S. technology?
▶ 1:25:05Mr. Nieh: I believe if american society once nuclear -- wants nuclear, the front end of the fuel cycle has to be part of that. I commit we will -- I would work with other members of the commission to ensure the improvements and reforms to fuel cycle licensing will be treated the same way we are treating reactor licensing.
▶ 1:25:31Sen. Lummis: Both conversion and enrichment?
▶ 1:25:35Mr. Nieh: Yesmr. Nieh: --
▶ 1:25:42Mr. Nieh: Yes. And it has to be done with safety in mind first.
▶ 1:25:43Sen. Lummis: I appreciate your responses. Mr. troutman, welcome. Wyoming is going to be deeply involved in powering america's energy dominance in the fuel that is necessary to compete with china on artificial intelligence. Wyoming is the top coal producing state, top 10 for oil and gas, and also have enormous deposits of critical minerals.
▶ 1:26:15Sen. Lummis: All of these required chemistry to mine and process. Many of these chemicals have been under threat from tfca regulations. Given the chemicals are so fundamental, can you speak to how you would balance the need for access to critical chemicals we need while also protecting health and the environment?
▶ 1:26:43Mr. Troutman: Thank you for the a question and I enjoyed meeting your staff to further discuss various aspects of the program office. Briefly, the administrator has announced as part of his five pillars energy dominance is one of those aspects. Pmn, pre-manufactured notice. Notifications with regard to energy centers. Ai energy needs.
▶ 1:27:16Mr. Troutman: With regards to that, to help accelerate and understand the need for that innovation and that investment to help grow the american economy. If those pmn's help develop that resource within the U.S., it will not get a lesser robust review. It will be in and couldn't an important part of the queue.
▶ 1:27:46Sen. Lummis: Madam chairman, you have been gracious with my time and I appreciate that. We're glad you're here.
▶ 1:27:54Chair Capito: Senator alsobrooks.
▶ 1:28:03Sen. Alsobrooks: I would like to take a moment to notes on verlander's for my state who are willing to serve our -- marylanders from my state were willing to serve the federal government. We have a larger share of federal of employees in the country but cannot do so due to this administration's shutdown. I would like to thank Mr.
▶ 1:28:22Sen. Alsobrooks: Nieh for his comments in the hearing were you acknowledged during your time at the nuclear regulatory commission you said you were working now with the most dedicated professionals that you have had the privilege of working with. These are some top-notch individuals.
▶ 1:28:42Sen. Alsobrooks: I think that is refreshing to hear, especially considering the way this administration has maligned and attacked professionals like the ones with whom you have the privilege of working with every day. The nuclear regulatory commission plays a vital role in maryland, headquartered in rockville, and the nrc oversees the calvert cliffs nuclear power plant which generates nearly 40% of our staples electricity.
▶ 1:29:09Sen. Alsobrooks: On october 1, the nrc furloughed 1837 employees. That means the nrc is operating at reduced capacity with only 820 employees who are working without pay. Once the nrc exhaust is available funds, it will halt licensing, certification and permitting activities, adding to regulatory backlog and further delaying energy projects.
▶ 1:29:34Sen. Alsobrooks: My first question, and I would like to note that since july there have been reports of 11 senior level managers who have departed the nrc, including several of whom have been pushed out by doge detail these. -- detailese. Do you believe stuff do you believe st loss of staff morale is leading to departures at the nrc?
▶ 1:30:00Mr. Nieh: Because I am not currently at the nrc, I really cannot comment on what is happening inside the agency. What I will say in response to your concerns, if confirmed, I fully commit to working with other members of the commission and the dedicated staff of the nrc to ensure the nrc has maintained that dedicated and technically competent workforce
▶ 1:30:31Mr. Nieh: That it has had over the many decades of its existence. Last year was the 50 year anniversary of the nuclear regulatory commission. Staffing is an important issue for the agency to do its job to serve the american people. I commit to ensuring I put the people of the nrc at the top of the priority list in working with the other members of the commission.
▶ 1:30:53Sen. Alsobrooks: I think you so much for that -- I thank you so much for that. You are committing to support only candidate who have the requisite nuclear and management experience to full senior-level staff positions at the nrc?
▶ 1:31:10Mr. Nieh: Fully. To be an effective leader or technical contributor you have to be confident and qualified.
▶ 1:31:22Sen. Alsobrooks: I would like to ask another question. Global collaboration in harmonization of regulatory licensing are essential to driving the widespread adoption of standardized cost-effective advanced nuclear reactors. The lesson u.k. Announced several promising nuclear partnerships, including centrifuge plans to deploy six gigawatts of energy reactors. This is a company based in my home state of maryland.
▶ 1:31:51Sen. Alsobrooks: I would like to know whether you plan to engage with international partners to promote the standardization of reactor designs in the licensing process.
▶ 1:32:01Mr. Nieh: I mentioned I had the privilege to work in the international nuclear community. I have formed very good relationships with many regulatory counterparts from many different countries, including the united kingdom. If confirmed, yes, I will continue to build that collaboration. What I have experienced seeing other regulatory programs from around the world, in many ways we are more similar than we are different.
▶ 1:32:29Mr. Nieh: There are many opportunities for harmonization of regulatory approaches to safety.
▶ 1:32:34Sen. Alsobrooks: Thank you, madam chair.
▶ 1:32:36Chair Capito: Senator markey.
▶ 1:32:39Sen. Markey: The independence of the nuclear revelatory commission is vital to the safe operation and decommissioning of nuclear energy infrastructure in the united states, as well as critical to the trust of the public in the nuclear industry. The trump would rather kill the nrc's credibility to cut corners than to keep us safe. Mr.
▶ 1:33:03Sen. Markey: Nieh, is it appropriate that political appointees in the white house get final review on nrc decisions and documents through the office of information and regulatory affairs and can even intervene to make those decisions less protective of public safety?
▶ 1:33:30Mr. Nieh: Senator, thank you for the opportunity we had to discuss some of the issues that are important to you prior to this hearing. If -- let me first say, I have been away from the nrc for almost five years. I am not current on how the process you referenced is currently being implemented in the federal government. If confirmed, I assure you I will seek to understand that current way of doing business. What I also commit to you is that --
▶ 1:34:00Sen. Markey: This administration has shown it will fire nrc commissioners who would seize focusing too much on safety. That is the commissioner you are replacing. I would not put in electrons worth of confidence that they will not meddle with nrc regulators. Will you stand up if the white house tells you to compromise on any nuclear safety decision which you have made?
▶ 1:34:29Mr. Nieh: If confirmed, I will faithfully commit to carrying out the nrc's independent safety regulatory authorities.
▶ 1:34:39Sen. Markey: You are going to be challenged. It is coming. The nrc recently posted job openings to try to replace some of the 200 staff that have left since the start of the administration. The applications posted on my don't just ask about technical qualifications. They include a loyalty test, about which of president trump's executive orders are the applicant -- what are their favorite executive orders from trump.
▶ 1:35:11Sen. Markey: They have to answer that in an essay question. Mr. nieh, which is more important in hiring? Qualified nrc staff or fealty to the president and his views on executive orders, or the technical expertise in nuclear safety that should be what guides who get tired the agency?
▶ 1:35:37Mr. Nieh: In my experience working at the nrc, it has always been a valuation of the technical qualifications and merits of the candidate for a particular position. If confirmed, I will commit to working with the other members of the commission and the senior leaders at the nrc to ensure nrc hires only the best technically competent people.
▶ 1:36:05Sen. Markey: Not only are these civil service rules, they are civil service rules I would is supposed to be an independent agency. Qualified job candidate should not feel that employment is conditional on pledging allegiance to donald trump, just as independent commissioners should not feel they are standing at the agency -- their standing is based on their personal loyalty to this president's marching orders.
▶ 1:36:34Sen. Markey: Their loyalty has to be to nuclear safety to protect communities or nuclear power plant are located around this nation. Mr. trump --Mr. troutman, epa announced a plan to prioritize the review of chemicals used in ai dennis hitters -- data centers to make it easier to build ai data centers.
▶ 1:37:04Sen. Markey: Commissioners eldin said, "the trump epa wants to get out of the way." Mr. troutman, which provisions of our toxic safety laws tells epa to get out of the way of reviewing chemicals for safety?
▶ 1:37:21Mr. Troutman: I appreciate the question. With regard to the review of those pre-manufactured notices, nothing will change with regard to the robust review based on the risk statute under section five.
▶ 1:37:40Sen. Markey: You will be under orders to get out of the way. Get out of the way in terms of chemical safety. It does not say anywhere in any law that is your job, because this administration ultimately wants to make communities sick again, dumping toxic chemicals into our air,, our water our land.
▶ 1:38:08Sen. Markey: If there big tech bosses who survive behind the president at the inaugural what it. Are you going to guarantee there will never be a compromise of safety of toxics, even though the epa administrator is saying that is what you want to to do?
▶ 1:38:25Mr. Troutman: I commit to following the statutory requirements and regulations and rules congress has enacted and to follow the science and with the statutes require with regard to the review of chemicals, either new or existing.
▶ 1:38:46Sen. Markey: Lee zeldin is saying he is not going to follow the law. You will get the trump epa out-of-the-way so that these plants can be built without the protections against toxic chemicals going into the lungs of americans. That is the administration you are joining. That is the wash she will have at the epa. Lee zeldin. Every polluter's ally. Your job will be to stand up to him I'm not hearing you say that.
▶ 1:39:16Chair Capito: I think there is one more question and he will call it a day. Several lum --
▶ 1:39:26Senator Lummis: Mr. troutman, I took the epa's announcement, the directors announcement that he just plans to prioritize reviews of new chemicals. Not to just get out of the way and turn a blind eye, but rather to prioritize their review. Mr.
▶ 1:39:55Senator Lummis: Troutman, what would be your role in prioritizing those reviews? How he thought about going about it? -- how have you thought about going about it?
▶ 1:40:10Sen. Lummis: Nothing will change with regard --
▶ 1:40:12Mr. Troutman: Nothing will change with the pre-manufactured notice. If confirmed, I to working with the subject matter experts, the program step which is very capable to make sure I understand the rules in the law as stated in the statute. That is my commitment today.
▶ 1:40:33Sen. Lummis: Thank you. >> can I just follow up?
▶ 1:40:40Chair Capito: I will let you go over a little bit.
▶ 1:40:47Sen. Markey: There are thousands of chemicals that never had a robust safety review at the epa. That is where the resources should be placed, not firing epa employees for making sure -- but making sure we have more employees to review the exposure these chemicals could mean for the health of americans.
▶ 1:41:12Sen. Markey: What lee zeldin is saying is that he will prioritize the ai industry's desire for data centers be built in the epa will get out-of-the-way. They will not be reviewing these chemicals. They will be prioritizing ai centers that will result in more pollution in communities across this country. That is very clear what zeldin is saying. You will start of new coal burning plants that will be polluting neighborhoods.
▶ 1:41:42Sen. Markey: You will allow ai plans to be built without looking at the chemical effects. It is very clear with this agenda is and I thank you, madam chair.
▶ 1:41:51Chair Capito: I want to make a couple of comments. I live within three miles of a large chemical plant myself. I have for years, 50 years. The progress that has been made over the last 50 years, no matter who it is, republican or democrat in terms of cleaning up the air, cleaning up the water, making sure the communities are aware of what is going on if there is a potential spill or something happens at a plant is
▶ 1:42:24Chair Capito: Millennials beyond what it was when I first was a young married person living in charleston, west virginia. I want to say to both of you that the message I got from both of you is that safety is number one, both on the chemical side and the nuclear side. I will say in response to senator markey, he is saying chemicals have not gone through the system over the last year. They didn't do anything. They didn't do anything.
▶ 1:42:53Chair Capito: They left old chemistry on the books waiting for new, greener, safer chemistries to be approved and they never approved them. They just let them sit there. Mr. troutman, thank you for stepping up. Mr. nieh, thank you for stepping up and I hope we know all of us collectively you live in this country, you have kids in this country.
▶ 1:43:18Chair Capito: The safety of the air and the water and the energy production in this country is absolutely critical to you as it is to lee zeldin and the president. It's insulting to think that he will sit there and let all of us live and become less safe, less healthy and leave it to future generations. Without further questions, I would like to thank the nominees and my colleagues for participation in today's hearing. Senators who wish to submit written questions for the record have until 5:00 on friday, october 17 to do so.
▶ 1:43:49Chair Capito: The nominees' responses are due back no later than close of business on monday, october 27 and it will be submitted for the record. With that, this hearing is adjourned.