▶ 0:14:21>> make us look better and the new furnishings look great. I want to thank the staff and the architect at the capitol, senate recording studio and contractors that worked on the project. I want to give special thanks to lisa hobbs and kelly zimmerman who oversaw the prop -- project.
▶ 0:14:49Alicia butler and carly of my staff for their dedication to this project. I was in my blue phase when she asked me what colors I like. I think we did a good job. With that I will turn to my opening statement.
▶ 0:15:10Again, good morning and thank you for joining us today as we hear from the members of the nuclear regulatory commission on the proposed budget for fiscal year 2027. The first time they are hearing from the chairman and commissioner as they were confirmed last year with bipartisan support. Chairman has been actively overseeing implementation of the advanced act.
▶ 0:15:38Executive order 14 while also making sure licenses are efficiently reviewed and approved. Because of chairman wright's tenure, the nrc was well-positioned to accelerate its work.
▶ 0:16:06Of particular note commissioner wright worked with commissioner crowell to update the nrc's mission statement to align with today's reality that we observe and rapidly expand capacity. That goal will be achieved by the nrc. This updated mission statement, the nrc staff and industry undergoes a rapid change.
▶ 0:16:33This rapid change is partially driven by the bipartisan efforts of this committee to get the nrc to do its work smarter, faster, cheaper and do so without compromising the agency's foundational goal of ensuring nuclear safety. I have previously expressed caution particularly with the likelihood of unintended consequences about the potential impact of creating regulatory uncertainty the nrc does not accomplish its tasks deliberately.
▶ 0:17:04The work is encouraging but the most consequential work I do believe still remains in front of us. The 2027 budget reflects the agency's recent successes, accounts for high priority ongoing work and forecast expensive workload. When the committee re-baselined its reactor oversight inspection program earlier this year which will yield savings both for staffing and funding.
▶ 0:17:33The reactor oversight process I'm pleased to say the commission ambitiously moves forward. They improved agency organization that aligns the staff with current and projected work. It consolidates unnecessary administrative staffing and eliminates levels of bureaucracy. They are in the midst of a wholesale review. This broad effort requires more near-term resources for rulemaking but it should result in long-term budget savings.
▶ 0:18:05The nrc is projecting licensing work, the purpose for which the agency exists. That licensing work will be completed faster and with fewer staff due to efficiencies in the advance act. Those efficiencies are already evident. The nrc recently completed the fastest ever subsequent licensed renewal. Cutting half the time and cost of what was normal at the agency two years ago.
▶ 0:18:36The multitude of these changes heighten the importance of strategic planning. Its role of developing and executing the budget and modeling the leadership trades that are needed to sustain the culture we are seeing at the nrc. I want to thank the efficiency for which you are working on the thoughtfulness that you are fulfilling your responsibilities.
▶ 0:18:59At the recommendation of the commissioner, the commission directed the staff to develop a change management plan to ensure the new structure is clearly communicated and deliberately undertaking. This will help make the commission's action successful and durable. I would like to commend chairman , the commission, and the staff for working in a bipartisan way with this committee to keep us informed about their work.
▶ 0:19:25As we discussed the budget proposal today I will explore how the positive steps will be translated into an enduring framework into what the administration, the public expects from our nation's nuclear safety regulator.
▶ 0:19:41As states across the country including my state of west virginia have the potential to meet the growing energy demand I expect they will prove through their actions that it will not be an obstacle to reliable, clean electricity generation. I recognize ranking member whitehouse.
▶ 0:20:05Sen. Whitehouse: Let me join the chair in thanking the architect of the capitol in the construction team for our hearing room upgrade. It is nice to be back in our own hearing room again. Let me also congratulate the chair on her thumping primary victory yesterday, even though that is not in much doubt. It is nice to have them behind you. Congratulations to you.
▶ 0:20:36Sen. Whitehouse: Welcome to all of the commissioners who arched here, 2020 six has been a busy year for you. Nrc issued its first commercial construction permit in nearly a decade. The water reactor permit in over 40 years. Months ahead of schedule. Issued its first new fuel fabrication license.
▶ 0:21:08Sen. Whitehouse: Producing low enriched uranium for america's future, advanced reactor fleet. A completed task to sever license renewal approval another 12 months with the robinson plant in south carolina. They finalize the risk informed technology inclusive reactive license pathway to accommodate diverse advanced reactor technologies. Proposed regulatory frameworks.
▶ 0:21:39Sen. Whitehouse: The nrc is a showing it could get the job done. These accomplishments are the result of our actions in congress, of prepared and engaged project applicants and of the commission itself. Including its seasoned expert staff. The narrative that nrc is the problem is now the domain of unqualified developers seeking shortcuts.
▶ 0:22:12Sen. Whitehouse: These developers look to the department of energy to take over or supplant our nation safety regulator. As the ceo said the regulator was a concern for or five plus years ago. We started seeing progress beginning that far back. The nrc is no longer the big concern.
▶ 0:22:39Sen. Whitehouse: The release that was entered into the record, they could navigate the licensing process smoothly. Working with nrc will bring the station where it needs to go. Threats to nrc success in the industry, first is the independence.
▶ 0:23:06Sen. Whitehouse: Public trust in nuclear safety and the regulator from infiltration to haphazard executive orders, to the firing without because of the commissioner. The trump administration reached unprecedented political levels into the nrc. The worst of this turbulence has subsided. Whose combined experience and expertise will allow the nrc to function at its best.
▶ 0:23:38Sen. Whitehouse: The white house and department of energy operatives with a subset of the nuclear neo fights forming a shadowy steering committee. Some kind of covert commission reporting to whom? We don't know but shaping priorities at the agency.
▶ 0:23:59Sen. Whitehouse: Meanwhile, doe forges ahead with the explicit goal of fast tracking them for future nrc licensing. Decades ago congress put a firewall between nuclear regulation and nuclear promotion. It did so for a reason. These moves threatened all work of nuclear safety.
▶ 0:24:30Sen. Whitehouse: All of this while the proposed budget for the inspector general is cut by nearly a quarter begging the question whether any mischief will be caught before it is to rate -- too late. The transparency and deliberative process, the agency is churning through two dozen rules and a wholesale revision.
▶ 0:24:54Sen. Whitehouse: Instead of the compensation -- consultation they moved darkly for the white house political players and other agencies could quietly influence nrc previously independent rules. Even commissioners votes on rulemakings which ones were crucial windows into nrc process are no longer even public.
▶ 0:25:24Sen. Whitehouse: Even if no hidden mischief occurs the lack of transparency reduces confidence and trust. Third and finally nrc's workforce the agency is taking on more work than ever. These staffing losses are unsustainable and will undermine the renaissance this administration claims it wants to bring to fruition.
▶ 0:25:49Sen. Whitehouse: We have spent years passing nrc reforms to deliver on the promise of nuclear energy. Those reforms have coincided with the regulatory renaissance as described. The results are clear. We see before us a commission guided by a strong group of capable leaders.
▶ 0:26:19Sen. Whitehouse: It ushers in a new day for nuclear energy in america.
▶ 0:26:26Chair Capito: We will turn to our witnesses. The first witness is the chairman of the nrc, confirmed by the senate in november. Designated chairman by president trump. You are recognized for five minutes to deliver your opening statement.
▶ 0:26:48Chair Nieh: Thank you and good morning. Thank you for the opportunity to appear before you today. The regulatory commission appreciates the bipartisan leadership of this committee through the advance act guiding the monitor is asian the monitor is as -- modernizatn the monitor is as -- modernizat.
▶ 0:27:10Chair Nieh: I want to recognize and appreciate my fellow commissioners together, our expertise and perspective shaping the future nuclear safety regulation in america during one of the most consequential moments in the history of nrc. The mission remains our top priority. Congress mandated the mission enable the safe use of nuclear technologies.
▶ 0:27:38Chair Nieh: The regulatory context, enabling is lining our regulations with actual risks, adapting to new technologies and adding new flexibility where safety is maintained. Enabling is how the nrc fulfills its commitment and delivers public benefit. America urgently needs more energy due to artificial intelligence, data centers, industrial growth, nuclear is seen as essential to the energy security.
▶ 0:28:07Chair Nieh: The question now is execution whether america could build that scale or have lower cost. That is where the nrc matters. Uncertainty is capital risk. Capital could go elsewhere if risk is too high. Our role is clear. Our safety decisions must be credible, predictable, timely.
▶ 0:28:33Chair Nieh: The nrc is making reforms driven by congress and the president throughout this period of change the nrc is coordinating with partners including the department of energy. The nrc is making it safety decisions independent from the department of energy.
▶ 0:28:54Chair Nieh: As the nrc implements the advance act we are focusing on what is most important to safety by eliminating unnecessary conservatism and adding and applying risk performance-based approaches consistently. We are making major changes to how we oversee and license nuclear facilities. Rebalancing our oversight programs to reflect the high level of safety and security across the industry.
▶ 0:29:26Chair Nieh: Developing licensing frameworks that are predictable, efficient, designed for point. The nrc has been delivering results. We finalize part 53 ahead of schedule. We issued its instruction permit for the reactor ahead of schedule. We approve the restart pathway for a shutdown reactor. We renewed the operating licenses for 15 operating reactors.
▶ 0:29:58Chair Nieh: We launched a regulatory framework and we prepared 19 executive order 1400 draft rulemakings. They demonstrate the strong safety focus and timely regulatory decisions go hand and hand. To meet this moment I am focusing the agency on three priorities. Core mission delivery with mission and speed.
▶ 0:30:28Chair Nieh: Operational excellence in how we do our business and sustaining our performance through a culture of continuous improvement. Our success depends on our people. While the agency has above average, we continue to deliver on our mission because we are working smarter, not harder and with the help of the advance act. To recruit, retain, develop our people.
▶ 0:30:58Chair Nieh: We are delivering our mission and deliver realistic planning, discipline budget execution, alignment with strategic goals. The fiscal year 27 budget request reflects those principles and the resources needed. Going forward, the american public could expect credible, predictable, expectations.
▶ 0:31:28Chair Nieh: I look forward to your questions.
▶ 0:31:29Chair Capito: Our next witness is commissioner david wright. Commissioner wright was confirmed in the third term and served as the chair from january, 2025 through january of this year. Welcome and you are recognized for two minutes.
▶ 0:31:47Commissioner Wright: Good morning. Thank you for the opportunity to appear before you today. I want to thank my fellow commissioners for their congealed reality. The nrc sits at the center of the nuclear energy landscape since being confirmed to the commission and 2018 I have worked to transform the nrc into a more agile and modern regulator.
▶ 0:32:17Commissioner Wright: Congress provided clear direction to provide a path for licensing reactors and technology neutral manner that was efficient and streamlined. While maintaining safety as our northstar. The nrc took this directive and got to work. Part 53 is the culmination of that work and I'm happy to say we accomplish this nine months ahead of schedule. It is one of the most significant updates to our approach in decades providing a flexible foundation.
▶ 0:32:50Commissioner Wright: While this accomplishment is huge, the american people demanded more. Congress passed and the president signed the advance act. The first thing they did was update its mission statement. They publish the nrc's new mission statement that provides clear direction to the staff that the nrc is here to enable the safe use of nuclear technologies for the betterment of society.
▶ 0:33:19Commissioner Wright: We have seen this change in the culture of staff. They are leaning in on the mission in providing results all while keeping safety at the heart of every decision. This change is more evident in the revisions to our regulations directed by president trump at the heart of all of these accomplishments are the dedicated people that work at the nrc. Every day they deliver results for the country.
▶ 0:33:47Commissioner Wright: As I have said many times the nrc is the best place and has the best people. I stand by that statement today. The nrc is the living meaningful results, a skilled workforce, and unwavering focus on protecting public health and safety. Thank you for your support.
▶ 0:34:09Chair Capito: Next we will hear from commissioner bradley kraut. He was confirmed as a member of the nrc, he has 20 years of experience in environmental policy you are recognized for two minutes.
▶ 0:34:34Commissioner Crowell: Thank you for inviting us to speak up about the nuclear regulatory commission's fiscal year 2027 budget request. We find ourselves at a pivotal juncture that will determine the future of nuclear power in the united states and around the world.
▶ 0:34:56Commissioner Crowell: Upon joining the commission I was excited to get to work and help lead an ongoing investigation commensurate with my growing confidence in the ability to position the U.S. as the world's leader in technologies. Maintaining the united states hard earned legislation and security.
▶ 0:35:18Commissioner Crowell: The accomplishments and milestones over the last few years, we highlighted many of the recent successes and I share his optimism that we are building a framework to accelerate further achievement. Success is far from guaranteed. Looking ahead, my confidence is buoyed by building and sustaining nuclear power to be our nation's energy needs.
▶ 0:35:45Commissioner Crowell: Giving the resources needed to modernize this approach in oversight without sacrificing safety. Recent positive change in the way the nrc could be traced to the mission statement to establish a more enabling culture without losing focus on safety and security. With an enabling mindset among agency staff seeing notable improvements and clarity of agency licensing. I hope this agency culture change will persevere.
▶ 0:36:17Commissioner Crowell: Just in the past 16 months we have lost 510 employees while adding only 59 new staff. The agency has been exclusively focused on the executive order 14-300, the reform of the commission. This doubles down on the agency's ongoing work. The breadth and scope of this order combined with the extraordinary climb risks undermining the goals set itself.
▶ 0:36:48Commissioner Crowell: Maintaining trust in the government's ability means getting it right should be more important than moving fast. The need to enhance regulatory efficiencies are of paramount concern, the current and future nrc workforce. The agency is being directed to do more with less despite a growing workload and new time frames for oversight activities. This is an unsustainable dynamic.
▶ 0:37:20Commissioner Crowell: I'm equally concerned about the continued focus in fiscal year 2027 to execute the mission including the current state of nuclear power fuel cycle facilities. For lasting success the nrc must double down on efforts to restore, build, maintain trust. The surest way to undermine confidence with protecting public health and safety.
▶ 0:37:46Commissioner Crowell: I am confident in the current crop of commissioners that we could work collaboratively to achieve these objectives and I look forward to discussing that with you today. Thank you.
▶ 0:37:55Chair Capito: Our next witness is commissioner matthew marciano. Confirmed by the senate in 2024, previously having been detailed by the idaho national laboratory's to support the dpw committee. Welcome and you are recognized for two minutes.
▶ 0:38:20Commissioner Marzano: I appreciate the opportunity to appear before you today. They are going under one of the most important reforms in history. The direction provided by congress as well as a recent executive orders intended to modernize the safe deployment of nuclear technologies. The staff dedication to this effort is demonstrated through the sheer volume of activity is nothing short of remarkable.
▶ 0:38:50Commissioner Marzano: The progress we have made and we can respond successfully to the task before us. As a former nuclear operator much of my focus on human performance and the precursor behaviors that lead to human error. The context of reforms underway I believe we might be at risk allowing scheduled pressure to drive outcomes.
▶ 0:39:19Commissioner Marzano: When organizations are pushed to move faster through complex and interconnected tasks, the potential for error increases significantly. For our purposes the risk is not simply delayed, it is more outcomes, reduce transparency and loss of confidence. This challenge before us is not whether he could succeed in this effort but rather insuring speed does not come at the expense of the agencies core values and principles.
▶ 0:39:48Commissioner Marzano: I believe we could accomplish the ambitious goals of three things happened. The agency must have a well resourced and robust workforce. Expanded responsibilities require sufficient staffing, training, expertise to execute them efficiently. We must maintain stakeholder involvement and public, and opportunities. It depends on transparency.
▶ 0:40:17Commissioner Marzano: Third we must preserve strong morale and organizational culture at the nrc. It applies sound technical judgment with the safety commission. I believe we could accomplish all that is before us while maintaining the confidence of congress in the american public. I look forward to your questions.
▶ 0:40:45Chair Capito: We will hear from commissioner weaver. He was sworn in december 2025 and his nomination to serve a full five-year term is pending a vote on the senate floor. Welcome back to the committee.
▶ 0:41:03Commissioner Weaver: Good morning members of the committee. Thank you for the opportunity to appear before you today. Enabling the safe and secure use of nuclear technologies for the benefit. I appeared last year as a nominee to be a member of the commission.
▶ 0:41:27Commissioner Weaver: I testified that if confirmed I would work to effectively implement the advance act and executive order in a matter that maintains public trust and meets the needs of a nation. As I approached five months on the commission I could say the nrc is delivering on those commitments and will continue to do so on our organizational model, and more risk informed programs.
▶ 0:41:55Commissioner Weaver: The nrc stands ready to meet the country's needs today and will be better position to do so tomorrow. I would describe the work we are doing is transformational. The full scope of changes will become apparent. These regulatory changes with the cultural alignment is safety focused and a true enabler of
▶ 0:42:26Commissioner Weaver: Technology. That is the vision. I'm committed to advancing that vision through my votes, my engagement with staff and stakeholders and my work with colleagues on the commission. I appreciate the oversight and I look forward to your questions.
▶ 0:42:43Chair Capito: I will kick us off. Let's talk first about the proposed budget, which is nearly $80 million lower than the enacted budget of fiscal year 2026. The proposal realizes the vision will put together the advance act which directed the agency to be more efficient. In doing so lowering those regulatory costs paid by industry.
▶ 0:43:16Chair Capito: Will you please briefly summarize and quantify key cost savings as a result of the advance act.
▶ 0:43:26Chair Nieh: Yes. One thing instrumental to the savings that I will describe momentarily is enabling the emission that in my view is one of the most substantial aspects that we are able to achieve these efficiencies.
▶ 0:43:48Chair Nieh: There is reductions to the provisions in how we do business in licensing alone we reduced cost by $6 million and 30 full-time equivalents. We reduced costs around $9 million on 40 full equivalents. There are other reductions that we have implemented as well in the corporate support area. Another area of focus in the advance act.
▶ 0:44:17Chair Nieh: The advance act alone, the disciplined milestones achieving efficiencies with that enabling mindset delivering this back to the country again so we could really execute our work and the best efficiency possible.
▶ 0:44:34Chair Nieh: One thing I would add to that, bringing my private sector experience to the agency, companies really look to streamline and simplify or eliminate the work that doesn't contribute to the outcome. We really want to do less with less. We found that over the years there are things we have been doing to contribute to mission outcomes.
▶ 0:45:02Chair Nieh: The executive director of operations are seeking to look for more and more as we execute our work so we are focused on what is important for safety and nothing more or nothing less.
▶ 0:45:16Chair Capito: The next question I have is related to several of you address this in your opening statements. That is appropriate staffing levels. Many of you noted a lot of folks with the agency. We are seeing a dramatically different nrc. The proposed budget for nrc appears to have this staff.
▶ 0:45:46Chair Capito: The agency is accomplishing as significantly ahead of schedule. You alluded to this in your statement. The needs, the staffing needs in the budget and how does that align with future workload?
▶ 0:46:10Commissioner Crowell: They will be vulnerable to a dynamic in fiscal year 27 and beyond that will require us to have multiple applications at the same time. We are able to meet these goals. They have multiple applications for different technologies.
▶ 0:46:39Commissioner Crowell: They have the skill sets to appropriately review the advanced reactor technologies.
▶ 0:46:46Chair Capito: What would be your perspective on that, how would you intend to address these human capital challenges as it faces updates and continues to do the licensing?
▶ 0:46:58Commissioner Weaver: Thank you for the question. In addition to the efficiencies, we are not simply doing the same old way and doing our work. Doing it faster with fewer people. You are fundamentally changing the way we do licensing. We do performance-based regulations and approaches.
▶ 0:47:23Commissioner Weaver: What that means is we focus on what matters the most and we spend our time on what really impacts safety. That way we could be more efficient, use less resources and use good safety outcomes. It's true, we need to hire at this point, we have 15 or more postings and we are looking to hire 80 people primarily from outside of the agency.
▶ 0:47:59Commissioner Weaver: We have interns coming this summer. We are hiring to fill the critical needs right now.
▶ 0:48:13Sen. Whitehouse: Let's talk for a minute about public voting. My understanding is generally commission's a public vote before they submit a proposed regulation that then goes into a notoriously nontransparent process irrespective of the administration. And ultimately comes back out with a another public vote of the rule.
▶ 0:48:44Sen. Whitehouse: You're not doing that right now, correct?
▶ 0:48:49Chair Nieh: We are sending our rules to the process.
▶ 0:48:58Sen. Whitehouse: There's not a public vote? Each individual commissioners public votes are considered part of the deliberative process from the government wide protocols.
▶ 0:49:15Sen. Whitehouse: I don't want to credit that as being legally sound at all. When congress asks questions, the process doesn't pertain. We have constitutional oversight.
▶ 0:49:35Sen. Whitehouse: When you provide this committee a list of all the votes that have been taken since that executive order with a vote role as to who voted how on which vote, could you update the committee on these vote tallies as they proceed.
▶ 0:50:02Sen. Whitehouse: Committee with oversight over your voting know what happened in your voting. Fair enough?
▶ 0:50:11Chair Nieh: Yes.
▶ 0:50:13Sen. Whitehouse: Next let's talk about the mysterious steering committee we have had. I understand it has three members. I understand that only one of its members is even on your organizational chart. I understand that the steering committee itself does not exist on your organizational chart.
▶ 0:50:44Sen. Whitehouse: Could you provide the committee an updated version of your organizational chart that includes where this steering committee resides within your organization and to whom it reports?
▶ 0:50:59Chair Nieh: Yes. I would like to clarify some things. This is a committee that is looking at the overall project management. It is not unlike other projects that the nrc has where they oversee the work. It is a temporary management structure.
▶ 0:51:28Chair Nieh: I would like to clarify there are two members of the committee with the executive director and general counsel who is on the steering committee. There is one person who is on detail. They are understanding how the committee are functioning. They are not writing the rules themselves.
▶ 0:52:01Chair Nieh: The overall desire and objectives to the rulemaking.
▶ 0:52:07Sen. Whitehouse: It's not like you are handing off some minor project to run it while the project gets done. This is essential to the operation of the regulatory commission and central to the well-being of the future in nuclear fleet.
▶ 0:52:33Sen. Whitehouse: Handing off to the steering committee that we don't even know who it reports to. Does the commission have a person present in the room when the steering committee meets.
▶ 0:52:51Chair Nieh: Making sure they are directionally correct and there is relationships between various rulemaking.
▶ 0:53:01Sen. Whitehouse: That begs the big question, according to whom? Who do they report to? Within the nrc, are they reporting up to you? The secretary of energy? Are they reporting to somebody in the white house? I get that this is their task but somebody is adjudicating whether that task is being done correctly or not. If it's not the commission, who is it?
▶ 0:53:31Sen. Whitehouse: It just seems like it's a really weird organizational anomaly and in the context of the -- what I would consider to be the infiltration of ferns of the nrc by the department of energy raises no concern about the shadow commission that is making decisions that are not even made aware of at the behest of or subject of the review of
▶ 0:54:02Sen. Whitehouse: Somebody within the nrc. That needs to be dispelled and I hope you will work with us. My time has expired.
▶ 0:54:09Chair Nieh: I assure you there is no shadow commission. Each individual member, we own our votes and we take positions that are different than what might be recommended. I assure you there is no shadow commission operating. I feel 100% accountable to congress as well as the president who appointed me to ensure all decisions we make will protect the american people.
▶ 0:54:41Sen. Whitehouse: It is not your decisions that worry me, it is the steering decision for who they report to and who they need to be were made aware of.
▶ 0:54:50Sen. Curtis: Congratulations, thank you for your service and for your leadership during that period of time. Some of you will remember senator whitehouse, all of those lists of accomplishments. If we could just make every member of congress a mayor, we would be in good shape.
▶ 0:55:21Sen. Curtis: It is known as the beehive state. It produces outcomes, better outcomes. State and local leaders and industry partners often recognized the potential in the community long before a federal agency a thousand miles away. That is why policy works best when mpower states, communities, instead of having a one-size-fits-all solution across the country.
▶ 0:55:48Sen. Curtis: We need to acknowledge reality that comes up repeatedly permitting the regulatory process are too slow, duplicative, unpredictable. We should recognize the tremendous opportunity in front of us. America has the capacity to lead the world in the next generation of energy development. Leadership requires a government that could move at the pace of innovation.
▶ 0:56:17Sen. Curtis: Let me start with a question about rulemaking as you consider new rules. Are you looking at anything for making recovery? Is there a plan for that? If so, maybe a timeline?
▶ 0:56:29Chair Nieh: Yes, the nrc's efforts started on the the executive order, covered the entire lifecycle of nuclear from the front end to the backend. It's important we look at our regulatory framework to enable the entire circle of life as you already know america is too dependent, we need to fix that.
▶ 0:56:57Chair Nieh: What we are doing is when the commercial interests align with capital resources, workforces, supply chain to bring new facilities, bringing the new fuel cycle, we have a predictable and credible licensing framework.
▶ 0:57:15Sen. Curtis: Utah has requested this to be added to utah's agreement. I hope it is still on track. Could you comment on that?
▶ 0:57:25Chair Nieh: I believe we are on track but we will verify that.
▶ 0:57:33Sen. Curtis: Utah is actively exploring this based on power. How is the nrc in states to provide clarity around the path forward for deploying nuclear?
▶ 0:57:46Chair Nieh: We always stay ready through nrc licensing and personally I have been invited to several states to speak about some of the reforms happening with the nrc related to new requirements. By the end of this month I will be attending the event to do the event.
▶ 0:58:15Commissioner Wright: If I could add to that, I actually met with the governor's team as well as the president of the senate and the majority speaker of the house to discuss these things several months ago. I met personally with governor cox and actually appeared in a video with him.
▶ 0:58:43Commissioner Wright: We are a resource for the states. I think it is important and we will assist them as appropriate to do what chairman was talking about, to answer that question and better understand the process and all of it consistent with omission.
▶ 0:58:59Sen. Curtis: Could any of you, to the american taxpayer as you look at these changes, the things that are upcoming, how could the american taxpayer be assured that we are on track that we are spending money well and what is your message to the constituents back home?
▶ 0:59:20Chair Nieh: We are making our licensing performance more transparent. There are dashboards that show how we are using resources for licensing. Set priorities to operate in the more disciplined and efficient manner. The nrc is enabling the use of technology in america. The people in your state will be able to judge that and confirm that through our actions and results.
▶ 0:59:51Sen. Curtis: I'm going to paraphrase something you said, you kind of classified a couple different applicants to those who know what they are doing, when they do so they interact well.
▶ 1:00:09Sen. Curtis: I would introduce a third class I think of power authority and the organizations in the state of utah, they condo fall into a third category. They don't have resources to navigate the way some of these larger organizations do. The way they ensure applicants.
▶ 1:00:41Chair Nieh: One of the most important things we do is the free application is one of the most valuable things to ensure that there is clear expectations on what is expected to be in the application and is very clear the applications have to contain sufficient information so we do those discussions up front, it really is a prioritization tool.
▶ 1:01:06Chair Nieh: We could judge through a pre-application engagement and what level of maturity the application might be in and what type of application may exist to help us prioritize where the focus are.
▶ 1:01:18Sen. Curtis: Thank you for your answers and thank you for the good work you do as commissioners. We have our questions and our concerns. We don't get many hearings. Really at a critical point for nuclear and energy of all countries. Thank you.
▶ 1:01:43Sen. Padilla: Thank you to the commissioners for your service and your participation today. The department of energy has approved three reactors to begin operation under its reactor pilot program. It aims to reach criticality by the fourth of july.
▶ 1:02:06Sen. Padilla: The department of energy uses this to have a an extremely short timeline. The department of energy has advertised a program as fast track to nrc commercial licensing. Making sure this understands the role that nrc plays in this fast-track process.
▶ 1:02:32Sen. Padilla: It will propose a rule allowing applicants to use data gathered in dod authorized reactor tests to inform their own licensed approvals. My first question is to the chairman, how does this assess the validity of the authorization process to ensure this review is addressed during the report?
▶ 1:02:59Chair Nieh: I want to say upfront that the information through authorization is not a shortcut through nrc licensing. There is nothing that will happen at the agency.
▶ 1:03:13Chair Nieh: With this rule that we have published in april of last month , the accompanied guidance for that interaction using interaction from the department of energy or department of war, what that will do is help the nrc had the depth using this from another federal agency to make a safety decision.
▶ 1:03:40Chair Nieh: Every applicant will have to send in a complete application that shows how the authorization activities meet nrc requirements. As I mentioned using the guidance to figure out the scope and depth is how we will figure out this. Field modification testing. The department of energy reactor project does fuel testing to qualify the fuel. We will not re-create that.
▶ 1:04:08Chair Nieh: We will see how that meets our requirement and move that forward with greater efficiency. Same thing if there is safety analysis or source term analysis. We will use that information and make a determination of how far we need to go.
▶ 1:04:26Sen. Padilla: We are all for being as efficient as possible. Not in a way that is going to increase risk unnecessarily. Ensuring that there is no steps missed on the doe side. In the senate, the administration because it whatever it wants. It is the department of defense.
▶ 1:04:55Sen. Padilla: You are assuring me that your utilization of the dod data is not going to lead to any steps skipped?
▶ 1:05:06Chair Nieh: Yes, sir.
▶ 1:05:09Sen. Padilla: Under the close rules, would it be possible at all for the department of energy fuel facility to simply transfer to commercial license to have the same facility continuously for commercial purposes?
▶ 1:05:29Chair Nieh: I would assure you it was going to receive an nrc license, --
▶ 1:05:42Sen. Padilla: We will ask for follow-up. Finally in my time remaining while the commissioners I will keep it simple. Will you review issues that were nominally addressed by the dod authorization process if you do not believe such issues were sufficiently investigated as part of this fast-track process?
▶ 1:06:06Chair Nieh: Yes. >> I will do my part. >> yes. >> yes.
▶ 1:06:17Sen. Padilla: I will have additional follow-up questions.
▶ 1:06:25Sen. Blunt-Rochester: Thank you. I start off by saying hearing the conversation about the advance act was really important and looking back to see the overwhelming bipartisan support given that history and context for me as a new member was really important as you know, I received the torch from chairman
▶ 1:06:56Sen. Blunt-Rochester: Carper. I am proud to be sitting in the seat. Workforce development is crucial for the energy demand. At a time when we are seeing the impacts of the volatility on fossil fuels is even more important now. We build a workforce that is stable, that could focus on safety.
▶ 1:07:28Sen. Blunt-Rochester: That is about our health, our economy. Beyond the university leadership program where does that -- what is it doing to support the nuclear workforce across the industry?
▶ 1:07:48Chair Nieh: The programs that directly impact workforce are really for a leadership program. We don't really have things that programs execute in trade schools and things of that nature. I would say maybe what we do is somewhat indirect through the work of the agency. The development of nuclear technologies.
▶ 1:08:19Chair Nieh: That gives technologies to applicants, businesses, making investments into the supply chain. I would say speaking from experience, developing the workforce is very important. Developing craft in trades that support the nuclear ecosystem.
▶ 1:08:42Sen. Blunt-Rochester: I will ask you a similar question but if you could share more expensively, what do we need to be doing as a country to expand this workforce?
▶ 1:08:56Commissioner Wright: One of the things we could do, which we do when we go out to universities or to other places where we know there is interest, there is interest, there is students, could they be middle schools, high schools, the nrc is a good place to come to work. We are the cool kids on the nuclear block today.
▶ 1:09:19Commissioner Wright: People could support the family, they could have a career that is really meaningful working with your local communities when you are out there. We could talk about what we do as commissioners.
▶ 1:09:31Sen. Blunt-Rochester: I asked specifically about the general public but I know there have been a couple of comments by commissioners as well as our ranking member about your own workforce and going from over 500 folks, losing their positions and I thought I heard you say you are on track to hire 59 additional staff, is that correct?
▶ 1:10:04Commissioner Crowell: We have lost 500 but we have been able to replace 59 is the number right now. We are continuing to push. We outpace the availability and applications for the positions we need to fill. 6 Sen. blunt-rochester: what I would suggest is a real concerted push.
▶ 1:10:30Commissioner Crowell: I want to clarify commissioner weaver, you mentioned as you were talking about doing more with less and things like that, you mentioned hiring 30 interns. As a former intern it took me 30 years to get here. I want to know what they will be doing at an agency like this.
▶ 1:10:55Commissioner Weaver: They go through a year and a half program where they get out in the field, they go to a power plant, spend time and go through various trainings. After 18 months they are not fully qualified to do the work but they have got a taste of all of the different things that we do and they could really begin to be productive and support the agency.
▶ 1:11:20Sen. Blunt-Rochester: I will run out of time so I better go quickly. I want to put a fine point on this. Interns will not replace the experience and expertise of people who have been with the agency.
▶ 1:11:37Sen. Blunt-Rochester: We could follow up about the specifics, the president signed an executive order of independent agencies to submit for review significant regulatory actions to the white house office of information and regulatory affairs.
▶ 1:12:04Sen. Blunt-Rochester: This means that public comment would have to go through nrc and oira?
▶ 1:12:16Chair Nieh: The nrc will hold a public comment period. Prior to the draft rule being published, that's where the review comes in. They will provide comments on rules.
▶ 1:13:15Chair Nieh: It will be the case for every single rule and technically it is intact. The broader federal government in review provide some perspectives because they are not deep in the process.
▶ 1:13:33Sen. Blunt-Rochester: I did want to understand how we tried to do things quickly and ensure their safety. We have to engage the public. I want to make sure the public involvement gets to the transparency and that is vital.
▶ 1:13:59Chair Capito: Senator kelly is up next. Since you are the old guy on the block in terms of seniority and being on the commission, not the other way, I did not mean it like that. I'm very sensitive to that culture change. Senator whitehouse and I had a brief conversation about the past hearings with the nrc.
▶ 1:14:27Chair Capito: Not quite having as much camaraderie between being able to get things done. Briefly could you describe is there a culture change at the commission level and how do you see that?
▶ 1:14:42Commissioner Wright: Absolutely. Thank you for your comments earlier recognizing last year. Everything flows through with the first requirement was out of the advance act, foundational to everything, was the adoption of the new mission statement. Worked very closely with commissioner crowell on that. Marzano came on near the end of it and the others are not here to help him bring it forward.
▶ 1:15:12Commissioner Wright: Everything flows from this mission statement, and it's connected to everyone through it, commission, reactors, ite, international programs, fuels, nuclear materials, medical stuff. Everything is connected. That right there and everybody is leaning into including commissioners themselves. We have a very good relationship.
▶ 1:15:37Chair Capito: Came from the bipartisan advance act. I guess we can share a little bit of the credit for that. Senator kelly.
▶ 1:15:48Sen. Kelly: Thank you, madam chair. Thank you for being here today. Chairman nieh, there has been a lot of attention on the nrc's work of improving the permitting process for nuclear reactors. It seems like we have already seen some results. Terra power's permit was created nine months ahead of schedule. That matters. We need to get clean, reliable power on the grid faster.
▶ 1:16:17Sen. Kelly: As an engineer myself, I know this is not an area where we can cut corners. Safety always has to be the top priority. Chairman nieh, how has the commission maintain the regulars safety standards the public expects and deserves in the nrc licensing process while finding ways to move forward faster?
▶ 1:16:42Chair Nieh: Thank you for the question, senator. I believe it's the same for my colleagues on the commission as well, we are fully committed to the nrc safety mission. We are here to protect the public from the hazards associated.
▶ 1:16:57Sen. Kelly: Did you have to add more people to the safety part of the organization to be able to do these things faster and still not compromise safety?
▶ 1:17:04Chair Nieh: Not in all cases. There was some dialogue before you joined the hearing about our focus on what is most important to safety. One of the reasons we are able to achieve these efficiencies is because, in the past, some of our licensing activities that have taken too long and cost too much because we spent too much time looking at matters in a license application that really did not affect safety. They were low safety significant issues.
▶ 1:17:35Chair Nieh: This team is aligned, embracing the enabling mindset to focus on what is most important in the licensing view. That is one reason we are able to do that. Other instances, if we don't have a specific skill set, let's say in a very focused technical area, fuels, electrical instrumentation, we would have to augment the technical capacity. The thing that moves the needle the most is focusing on what matters, safety.
▶ 1:18:01Sen. Kelly: Does that mean that you focus the licensing approval process on the areas that affect safety? Try to maybe not worry so much about other things?
▶ 1:18:14Chair Nieh: Yes, and I will share an example from the last time I was here with the agency. An application that came in for a particular reactor design. Staff had some really great interest in some non-safety-related ventilation systems where the reactor was, spending time to look at that. The leadership team had to focus the staff to say that is not going to affect the safety case outcome one way or another, let's not spend time there. Let's focus on what is truly most important for the safety case.
▶ 1:18:46Chair Nieh: Examples like that that are enabling us to do more disciplined and efficient regulatory reviews, smrs, other nuclear technologies.
▶ 1:18:53Sen. Kelly: Thank you. Commissioner weaver, you have testified about the need for a strong nuclear fuel cycle to support more nuclear power, I agree with that. Building more reactors does not get us anywhere if you don't have the fuel to operate them. Right now, our fuel supply is in a precarious place. More than 80% of enrichment happens overseas.
▶ 1:19:21Sen. Kelly: Ultimately that means the utility bills of millions of americans depend on a global supply chain we cannot control. 20% of enriched uranium comes from russia. Clearly that is a problem, russia is an adversary. We should not be relying on them for something as I for something as important as nuclear reactors. That leaves us with a real capacity gap. We only have two enrichment facilities in the united states.
▶ 1:19:51Sen. Kelly: We need more of those. We should be making this stuff here at home. Nuclear fuel is too important to our economy and national security to leave at the hands of foreign suppliers. So what is the plan?
▶ 1:20:08Commissioner Weaver: As you know, department of energy has funded a number of enrichments, both low in rich, high and rich uranium. Our role at the nrc will be to be prepared when they come to us .
▶ 1:20:28Commissioner Weaver: They have testified in the house a few weeks ago, there are some changes to the atomic energy act that would be useful for the in richers so they can get constructing a little bit faster.
▶ 1:20:40Sen. Kelly: Have you received applications?
▶ 1:20:43Commissioner Weaver: I know we are in pre-application with several. I don't know that we have any enrichment applications. >> we received an application from an energy facility, project. Accepting review now.
▶ 1:21:00Sen. Kelly: Assuming that process proceeds smoothly, is it possible to have an enrichment facility built and operating by 20 28? I assume not. If not, when could we have another enrichment facility here in the U.S.? >> I don't have the exact timeline for this project but what I like to share with this committee is another example of how nrc will be a regulator.
▶ 1:21:30Sen. Kelly: The facility I just mentioned, it's a facility that operates in france, same technology, actually builds on technology we had in the united states a few decades ago. Eagle rock. Nrc staff is looking how to leverage our experience, as well as the experience from the french regulators, so we don't have to reinvent the wheel.
▶ 1:21:51Sen. Kelly: We are going to validate technical information that meets our regulatory requirements to deliver a more timely regulatory review to get this enrichment facility, application, so they can start building. I agree 100% with you, this is a huge gap. It is national security for the united states and nrc will play its part, not be an impediment to getting the fuel cycle up and running.
▶ 1:22:14Sen. Kelly: Thank you.
▶ 1:22:16Chair Capito: Senator markey.
▶ 1:22:20Sen. Markey: Thank you, madam chair. The nuclear regulatory commission is being asked to monitor more facilities, regulate more types of technologies, defend against more types of threats in the immediate years to come. But this budget gives the agency less resources, less capacity, less staff time to ensure a growing fleet is operated safely .
▶ 1:22:51Sen. Markey: The agency is putting out dozens of rulemakings and will have to review dozens of license applications for new and restarted reactors. While you shrink the agency's budget, a loss on top of the existing departure of one in 10 nrc employees over the last year and have, you are shrinking your
▶ 1:23:22Sen. Markey: Ability to conduct oversight over the nuclear fleet and your own agency. The budget cuts the office of the inspector general by 24%. The operating reactors program by nearly 1/10. Your reactor oversight process cuts inspection hours by nearly half.
▶ 1:23:49Sen. Markey: Those cuts put a big leash on both internal and external watchdogs. One of those major changes of the nrc's reactor oversight process overhauls how the agency conducts security evaluations.
▶ 1:24:07Sen. Markey: For three decades, these force on force exercises have major nuclear facilities are ready to prevent and mitigate and respond to security threats that could lead to widespread disasters. Force on force inspections were strengthened in the aftermath of 9/11.
▶ 1:24:30Sen. Markey: In 2005, I wrote the provision of the energy policy that ordered inspections to be "conducted by the commission and for those inspections to be free of any conflict of interest." to ensure integrity. That is the law. I wrote the law.
▶ 1:24:53Sen. Markey: But in the recent reactor oversight process rewrite, the nrc moved to phase out its role in these inspections by the end of next year. Instead, it will replace the process entirely with one where plant operators design and perform force on force inspections on themselves. That is what we corrected in 2005.
▶ 1:25:21Sen. Markey: Commissioner marzano come in your vote, you expressed concerns the new force on force procedures would be in violation of the atomic energy act. Do you think self conducted inspections could introduce potential conflicts of interest?
▶ 1:25:37Commissioner Marzano: Thank you for the question, senator, your leadership on that position. In our analysis of the proposal, we did see the challenge with conflicts of interest specifically in moving to a licensing-let framework. We did see a conflict of interest issued in the licensing-let framework.
▶ 1:26:05Commissioner Marzano: I think in the context of a performance of the exercises themselves, I think it is potentially possible that licensees could perform and execute their own force on force exercises. However, the law is the law, and that is where we saw the issue. Cannot conflict of interest he managed?
▶ 1:26:27Commissioner Marzano: They needs to be some legal analysis done to how we would manage a conflict of interest in a licensing-led framework, so it's possible but some legal analysis and understanding of what the provision is needed.
▶ 1:26:42Sen. Markey: It is the law. Letting licensees design and run their own inspections is like letting a student right and take and then revise their own exam, and then giving them their own grade. It is a take-home exam.
▶ 1:27:04Sen. Markey: Of course, that then creates a real danger because that is why we had to write the law in the first place, because of the fundamental conflict of interest that existed. Especially as we are now engaging in new conflicts around the world. Terrorism threats are rising. We know that nuclear power plant's have always been at the top of the list of the terrorist targets around the world. We can see that in ukraine.
▶ 1:27:32Sen. Markey: We can see that around the world. We also know that from our own information gathering after 9/11 which is by the great interest. Nuclear power plant's are at the top of the terrorist's target list and you are reducing the safety, reducing protections.
▶ 1:27:49Sen. Markey: Letting the power plants, shareholders decide how much safety is there, rather than letting independent inspectors guarantee that the public is safe in the event of a terrorist attack. That is just plain wrong. Thank you, madam chair, for holding this important hearing. This is just completely out of line with the nrc's governing statute.
▶ 1:28:11Chair Capito: Thank you. Senator alsobrooks.
▶ 1:28:18Sen. Alsobrooks: Thank you, good morning. Thank you, chair capito, ranking member white house, for holding today's hearing, thank you as well to each of our witnesses for being here. The nuclear regulatory commission is essential to maryland's energy sector. In fact, overseeing calvert cliffs nuclear power plant is really important because it supplies close to 40% of our state's electricity.
▶ 1:28:44Sen. Alsobrooks: The nrc's headquarters are also in rockville, maryland, and for both of these reasons, it's important to me that the nrc is adequately staffed and funded. In fy 25, 26, the nrc experienced the highest attrition rates in 20 years.
▶ 1:29:01Sen. Alsobrooks: Overall attrition is expected to fall between 14 and 15% for this fiscal year compared to approximately 8% historical average, no prior year about 10% before fy 25. Chairman nieh, the first question is for you. Beyond salary competition with the private sector which we know is an issue, what are the primary reasons you would say employees are leaving nrc?
▶ 1:29:30Sen. Alsobrooks: To what extent are these departures driven by uncertainty?
▶ 1:29:33Chair Nieh: Thank you for the question, senator. From the limited data I have looked at since being in role, when we do exit interviews, you pointed out one aspect of it, which is the private sector.
▶ 1:29:49Chair Nieh: Other things I have heard as reasons for people leaving were work-life balance issues come long commutes, things like that, trying to find companies that offer full-time telework in order to improve their work-life flexibility. I have heard that. What I will say is there are so many dedicated staff at the nrc. I said this on my confirmation hearing.
▶ 1:30:16Chair Nieh: The nrc staff is among the most dedicated people I've worked with in 33 years in the industry. They are really there because they believe in what they are doing right now, in this moment that america has, nrc is a part of. We are doing something so meaningful for america, and a lot of people believe that. Some of the things that we are looking at with recruitment, retention incentives, we appreciate the foresight you all had in the advance act, giving us some of the authorities.
▶ 1:30:45Chair Nieh: Those are the tools that will help us strengthen our workforce into the future.
▶ 1:30:48Sen. Alsobrooks: As far as the other commissioners, as well, I know there has been a lot of uncertainty surrounding organizations changing, inspection programs, concerns as well about the agency's direction and independence. I wonder if any of you can speak to this issue regarding attrition and retention? I agree with you, chair nieh, it is not just the employees at the nrc are committed, we found that sort of commitment around government.
▶ 1:31:20Sen. Alsobrooks: That is what we find in the quality of people we have been able to attract. The question is more about how you regard their morale across the agency. We know they are excellent, but how do you feel they feel about the environment in which they work? What would you say about staff morale, whether you believe the nrc currently feels empowered to raise technical disagreements or safety concerns through any of the established channels?
▶ 1:31:47Sen. Alsobrooks: >> I will give brief so my colleagues can answer. I walk around a lot, talk to people. I sense enthusiasm and pride in what they are doing. Before votes on major issues, I invite the technical staff to talk through. I ask them, if you see things differently, we can talk to the different activities. I will ask them how their management resolved different perspectives. I feel fully confident that nrc staff is not shy.
▶ 1:32:17Sen. Alsobrooks: They will share their viewpoints, even with a member of the commission. I feel confident in that. >> good morning. Going through the last year, we had a lot of attrition over the last year, for a number of reasons that were already talked about this morning. It's important for us to look forward hear. There is a silver lining in what happened, too.
▶ 1:32:44Sen. Alsobrooks: Now, opportunity for people that had shorter run times at the agency that some of the others are now going to step up, and they are leaving their legacy, leaving their mark on positive changes for the agency. They are going to be the ones that are new hires, coming on, looking to then now to mentor and train and learn from. There is an excitement from the younger crowd coming in to the agency right now.
▶ 1:33:14Sen. Alsobrooks: The leaders who are there in the positions of leadership today, they are leaning in and helping guide these people. >> thank you for the question, senator. With all due respect to the question, commission colleagues, the culture at the nrc is a little bit more tenuous at this moment in time given the staff attrition we have seen.
▶ 1:33:41Sen. Alsobrooks: The people that we have lost are the most senior, most experienced folks. Those are not easily replaced by interns and fellows coming into the workforce for the first time. It's a challenge. We have incredibly hard-working workforce but you can only ask them to do so much. At some point, they'll be asked to do more than the ability of one person to do, and then you'll face issues of burnout.
▶ 1:34:10Sen. Alsobrooks: When you don't have complementary things that make the work environments more beneficial to folks, it has an impact. On top of that, the dynamic that commissioners themselves now have to think twice about what they say before they say it, for fear of being fired. That resonates through the staff as well.
▶ 1:34:32Sen. Alsobrooks: Time has expired, thank you.
▶ 1:34:35Chair Capito: Ranking members make a quick remark and comment and then we will bring this to a close.
▶ 1:34:42Sen. Whitehouse: Just want to make the point with respect to staffing, it seems to me at least, in some respects, you all are the victims of your own success. The work of the nrc, regulatory changes that congress has created, the process that you have gone through -- I described in my opening remarks -- has livened up the nuclear industry to the point where there is now
▶ 1:35:12Sen. Whitehouse: A lot of hiring taking place. Where better to go for experienced folks than the nrc? Not too long ago, it was really hard to get a job in the nuclear energy industry because it was pretty moribund. Now that it is not, you have real competition from companies who can pay real money.
▶ 1:35:41Sen. Whitehouse: I will ask this to you all, a question for the record, so you don't need to answer now. But I think it's important for us on the committee to think about what you need to deal with, for staffing issues, in an environment that is much, much more competitive than it used to be. So put that thought in your heads, question for the record, then give us your best advice on what needs to be done to solve for that problem.
▶ 1:36:12Chair Capito: I agree with senator whitehouse. It is an exciting career with the energy appetites we have come a nuclear becoming much more a part of the conversation. It does provide a challenge. With no further questions, I want to thank the commissioners for being here this afternoon. All my colleagues for their participation in today's hearings. Senators who wish to submit written questions for the record
▶ 1:36:37Have Until Five : 00 on wednesday, may 27 to do so. The witness responses to those questions are due back to the committee no later than 5:00 wednesday, june 10, and will be submitted for the record. With that, this hearing is adjourned. Many thanks.