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Senate · Hearing transcript

Hearings to examine The U.S. Nuclear Regulatory Commission's Proposed Fiscal Year 2027 Budget.

Wednesday, May 13, 2026

Summary

  • Ho K. Nieh (Chairman, U.S. Nuclear Regulatory Commission) said FY2027 budget is nearly $80M below FY2026 due to Advance Act licensing and oversight efficiencies.
  • Bradley R. Crowell (Commissioner, U.S. Nuclear Regulatory Commission) warned NRC lost 510 employees while adding only 59, threatening ability to handle growing advanced reactor workload.
  • Sen. Whitehouse pressed Nieh to provide all NRC votes since the executive order and clarify to whom the steering committee reports.
  • Sen. Capito praised NRC efficiency gains and culture change while Sen. Whitehouse warned political interference, secrecy, and attrition threaten independence and safety.
  • NRC must prove it can license new reactors, Orano enrichment facility, and oversee existing fleet safely despite smaller budget and workforce losses.

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Hearing Details

Witnesses

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Transcript

Sen. Capito (WV)14:01 – 20:02

Well, it's nine fifty nine, so let's go ahead and start if it's okay. Um, welcome and welcome to everybody. Before we begin, uh, I would like to note that this is the committee's first day back in our new hearing room after the re renovations that took nearly a year to complete. The renovation has added technology, functionality to the room, which I believe will help the committee make us look better, and the new furnishings look great. I wanna thank all the staff of the Architect of the Capitol, the Senate Recording Studio, and the contractors who worked on the project and did an excellent job. I also wanna give special thanks to uh Lisa Hobbs and Kelly Zimmer, who oversaw the project for the Architect of the Capitol, Alicia Butler, our committee's Chief Clerk, and Carly McQuitty of my staff for their dedication to this project. So I think um I was in my blue phase when Carly asked me what colors I liked and I think we did a good job. Carly I like I'm still in my blue phase so um that's good. So with that I will turn to my opening statement. So again good morning and thank you for joining us today as we hear from the members of the Nu uh Nuclear Regulatory Commission. on the NRC's proposed budget for Fiscal Year twenty twenty seven. This is the first time that the committee is hearing from uh Chairman Nii and Commissioner Weaver, uh as they were confirmed last year with bipartisan support. Since being designated Chairman on January the eighth, Chairman Nii has been actively overseeing the implementation of the Advance Act, executive order fourteen thirty three hundred, while also making sure licenses are efficiently uh reviewed and approved. Because of Chairman Wright's tenure as Chairman throughout twenty twenty five, the NRC was well positioned to accelerate its work under Chairman Nee. Commissioner Wright, thank you for your steady hand last year, we really appreciate it. A particular note, Chairman Wright or Commissioner Wright worked with Commissioner Crow to update the NRC's mission statement to align with today's reality that we need to preserve and rapidly expand nuclear capacity. Thank you both for that. That goal will be achieved by the NRC enabling the safe and secure use of radioactive material and nuclear energy. This updated mission statement is paying dividends as the commission the NRC staff and the industry undergoes a rapid change. This rapid change is partially driven by the bipartisan efforts of this committee to get the NRC to do its work smarter, faster, and cheaper, and to 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 impacts of creating regulatory uncertainty if the NRC does not accomplish its task deliberately. So far, the Commission's work is encouraging, But the most consequ consequential work, I do believe, still remains in front of us. The Commission's twenty twenty-seven budget reflects the agency's recent successes, accounts for high-priority ongoing work, and forecasts exp expected workload. One success was when the committee re- re-baselined its primary reactor oversight inspection programs earlier this year, which will yield savings both for staffing and for funding. I've previously supported this long-running effort to re-examine the reactor oversight process, So I'm pleased to see the commission ambitiously move forward with this initiative. The commission has also approved an agency reorganization that aligns the NRC staff with current and projected work, consolidates unnecessary administrative staffing, and eliminates levels of bureaucracy. The NRC is in the midst of a wholesale review and revision of its regulations. This broad effort requires more near-term resources for rule rulemaking, but it should result in long-term budget savings. Most importantly, the NRC is projecting an increase of licensing work, the purpose for which the agency exists. That licensing work will be completed faster and with fewer staff due to the efficiencies that were directed by this Congress in the Advance Act. Those licensing efficiencies are already evident. The NRC recently completed the fastest ever subsequent license renewal for a reactor nearly cutting in half the time and cost of what was normal at the agency two years ago. The multitude of these changes heightened the importance of the Commission's strategic planning, its role in developing and executing the agency's budget, and in modeling the leadership traits that are needed to sustain the changing culture we're seeing at the NRC. I want to thank the Commission for both the efficiency for which you are working, and the thoughtfulness for which you are fulfilling your responsibilities. For example, at the recommendation of Commissioner Marzano, The commission directed the staff to develop a change management plan to ensure that the new organizational structure is clearly communicated and deliberately undertaken. This will help make the commission's actions successful and durable. I would also like to commend Chairman Nii, the entire commission, and the NRC staff for working in a bipartisan way with this committee to keep us informed about their work. As we discuss the NRC's budget proposal today, I will explore how the positive steps will be translated into an enduring framework that can deliver what Congress, the administration, industry, and the public expect from our nation's nuclear safety regulator. As states across the country, in including my state of West Virginia, consider nuclear power's potential to to meet the growing energy demand, I expect the NRC will prove through its actions that it will not be an obstacle uh to reliable clean electricity generation. And I now recognize Ranking Member Whitehouse for his opening statement.

Sen. Whitehouse (RI)20:04 – 20:35

First, let me um join the chair in thanking the uh AOC, and by that I mean architect of the capital, um and the construction team for our hearing room uh upgrade. It is nice to be back in our own hearing room again. And let me also congratulate the chair on her thumping primary victory yesterday even though that was not in much doubt it's always nice to have them behind you

Sen. Alsobrooks (MD)20:33 – 20:35

thank you certainly it's a

Sen. Whitehouse (RI)20:35 – 26:27

so uh congratulations to you madam chair uh welcome to all the commissioners who are here um twenty twenty six has already been a busy year for you nrc issued its first commercial construction permit in nearly a decade and first commercial non-light water reactor permit in over forty years for terrapowers advanced reactor months ahead of schedule. It issued its first new fuel fabrication licenses in over fifty years to try so X to produce high assay, low enriched uranium for America's future advanced reactor fleet. It completed its fastest ever license renewal approval in under twelve months for the H P Robinson plant in South Carolina. It finalized the part fifty-three risk informed technology inclusive reactor licensing pathway. to accommodate diverse advanced reactor technologies and proposed regulatory frameworks for micro-reactors and fusion machines, as directed by Congress. The NRC is showing that it can 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. These developers look to the Department of Energy to either take over or supplant our nation's safety regulator. As Terra Power's CEO said, The regulator was a concern four, five plus years ago, but we started seeing progress beginning that far back. The NRC is no longer the big concern." Terra Power's press release, which I will enter into the record, makes clear that capable applicants can navigate the licensing process at NRC smoothly. Working with NRC will bring this nation where it needs to go. Unfortunately, threats to NRC's success and to success of the nuclear industry still loom. First, NRC's independence. Public trust in nuclear safety requires an independent regulator. From doggy infiltration to haphazard executive orders to the firing without cause of a commissioner, the Trump administration has reached unprecedented political tentacles into the NRC. Luckily, the worst of this turbulence has subsided, as evidenced by the full commission seated before us today, whose combined experience and expertise will allow the NRC to function at its best. But White House and Department of Energy operatives lurk at NRC with a subset of these nuclear neophytes forming a shadowy steering committee. some kind of covert commission within a commission reporting to whom we don't know, but shaping priorities at the agency. Meanwhile, DOE itself forges ahead, hastily approving reactors with the explicit goal of fast-tracking them for future NRC licensing, as stated in DOE's own documents. Decades ago, Congress put a fire wall between nuclear regulation and nuclear promotion. And it did so for a reason. To protect the safe operation of our reactor fleet. These moves threaten that bulwark of nuclear safety. All this while the proposed budget for NRC's inspector general is cut by nearly a quarter, begging the question whether any mischief at the agency will be caught before it's too late. Second, NRC's transparency and deliberative process. The agency is churning through over two dozen rules in a wholesale revision of its regulations. Instead of robust stakeholder consultation, NRC rules move darkly through OIRA, where the White House, political players, and other agencies can quietly influence NRC's previously independent rules. Even commissioners' votes on rulemakings which once were crucial windows into NRC's evaluative process, are no longer even public. Even if no hidden mischief occurs, the lack of transparency reduces confidence and trust. Third and finally, NRC's workforce. Attrition at NRC remains at alarming highs, while the agency is taking on more work than ever. These staffing losses are unsustainable, and will undermine the nuclear renaissance this administration claims it wants to bring to fruition. Chair Capito and I, along with many of our colleagues, have spent years passing NRC reforms to effectively deliver on the promise of nuclear energy. Those reforms have coincided with the regulatory renaissance terror power described. The results are clear. We see before us a commission guided by a strong group of capable leaders. At all costs, we must not let creeping political influence compromise the NRC as it ushers in a new day for nuclear energy in America. Thank you, Chairman.

Sen. Capito (WV)26:29 – 26:50

Uh, I wanna thank the ranking member, and uh, we will now turn to our witnesses. Our first witness is the Chairman of the NRC, uh, Ho Nii. Ch- Chairman Nii was confirmed by the Senate in November of last year, and designated Chairman by President Trump. in January. Welcome, uh, Chairman Nii, and you are recognized for five minutes to deliver your opening statement.

Ho K. Nieh (Witness)26:52 – 30:26

Thank you and good morning. Chairman Capito, Ranking Member Whitehouse, and members of the committee, thank you for the opportunity to appear before you today. The Nuclear Regulatory Commission appreciates the bipartisan leadership of this committee through the Advance Act which is guiding the NRC's modernization to accelerate the deployment of new nuclear, and expand existing capacity. I want to recognize and appreciate my fellow commissioners, together, our expertise and perspectives are shaping the future of nuclear safety regulation in America during one of the most consequential moments in the history of NRC. The NRC's safety mission remains our top priority. And Congress also mandated that the NRC's mission enable the safe use of nuclear technologies through predictable and efficient regulation. In the regulatory context, enabling is aligning our regulations with actual risks, adapting to new technologies, and adding flexibility where safety is maintained. Enabling is how the NRC fulfills its safety commitment and delivers public benefit. America urgently needs more energy. Due to artificial intelligence, data centers, and industrial growth, nuclear is seen as essential to our nation's energy security. The question now is execution, whether America can build at scale, on schedule, and at lower cost. And that is where the NRC matters. Regulatory uncertainty is capital risk, and capital will go elsewhere if risk is too high. As America's nuclear safety regulator, our role is clear. Our safety decisions must be credible, predictable, and timely. Accordingly, the NRC is making reforms driven by Congress and the President. Throughout this period of change, the NRC is coordinating with federal partners, including the Department of Energy. In doing so, the NRC is making its safety decisions consistent with its mission, and independent from the Department of Energy. As the NRC implements the Advance Act and Executive Order fourteen three hundred, we are focusing on what is most important to safety, by eliminating unnecessary conservatism and adding uh um and and applying risk-informed performance-based uh approaches consistently. We are making major changes to how we oversee and license nuclear facilities. We are rebalancing our oversight programs to reflect the high level of safety and security performance across the industry. And we are developing new licensing frameworks that are predictable, efficient, and designed for deployment. Over the past year, the NRC has been delivering results. We finalized part fifty-three, ahead of schedule. We issued a construction permit for a nine light-water advanced reactor, ahead of schedule. We approved a restart pathway for a permanently shut-down reactor. We renewed the operating licenses for fifteen operating reactors. We issued a license for a triso fuel fabrication facility, ahead of schedule. We launched a regulatory framework for fusion. And we prepared nineteen executive order fourteen three hundred draft rulemakings. These results demonstrate that a strong safety focus and timely regulatory decisions go hand in hand. The NRC will not be an impediment to nuclear energy innovation in America. To meet this moment, I'm focusing the agency on three priorities. First,

Sen. Capito (WV)30:25 – 30:26

Right.

Ho K. Nieh (Witness)30:26 – 31:31

core mission delivery with safety, efficiency, and speed. Second, leadership and operational excellence in how we do our business. third, sustaining our performance through a culture of continuous improvement. Our success in this moment depends on our people. While the agency has experienced above average attrition over the last year, we continue to deliver on our mission because we are working smarter, not harder, and with the help of the Advance Act. We are increasing our efforts to recruit, retain, and develop our people. Our success in this moment, delivering our mission also requires realistic planning, disciplined budget execution, and alignment with strategic goals. The NRC's fiscal year twenty-seven budget request reflects those principles and the resources needed to accelerate deployment while ensuring safety and security of America's existing nuclear facilities. Going forward, the American public can expect credible, predictable, and timely safety decisions from the NRC. Thank you. I look forward to your questions.

Sen. Capito (WV)31:32 – 31:50

Thank you very much. Uh, our next witness is Commissioner David Wright. Uh, Commissioner Wright was confirmed to a third term on the NRC in Ja- in July of twenty twenty six and served as the chair from January twenty five through January of this year. Commissioner, welcome and you are recognized for two minutes for your opening statement.

David A. Wright (Witness)31:51 – 34:11

Thank you. Good morning, uh, Chairman Capito, ranking member of White House and members of the committee. Thank you for the opportunity to appear before you today. I wanna thank chairman nee and my fellow commissioners for their collegiality as we enable nuclear technology here and abroad. The NRC sits at the center of the nation's nuclear energy landscape. Since being confirmed to the commission in twenty eighteen, I have worked to transform the NRC into a more agile and modern regulator. In twenty nineteen, Congress provided clear direction in NEMA to provide a path for licensing reactors in a technology-neutral manner that was efficient and streamlined, while maintaining safety as our North Star. The NRC took this directive and got to work. The part fifty-three rule making is the culmination of that work, and I'm happy to say that we accomplished this nine months ahead of schedule. This rule represents one of the most significant updates to our regulatory approach in decades, providing a flexible foundation for advanced reactor technologies. While this accomplishment is huge, the American people demanded more. And in July of twenty-four, Congress passed and the President signed the Advance Act. The first thing the NRC did was to update its mission statement. The Commission led this initiative and in January of twenty-five published the NRC's new mission statement that provides clear direction to the staff that the NRC is here to enable the safe use and deployment of nuclear technologies for the betterment of society. In the years since, We have seen a sea change in the culture of the staff, and they are leaning in on the mission and providing results, all while keeping safety at the heart of every decision. This culture change is more evident in the revisions to our regulations directed by President Trump's EO fourteen three hundred. 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. As I've said many times before, the NRC is the best place and has the best people and the federal government. I stand by that statement today and thank the staff for all that they do. The NRC is delivering meaningful results through a modernized mission, a skilled workforce, and an unwavering focus on protecting public health and safety. Thank you for your support and for your comments, Chairman Capito, and I look forward to questions.

Sen. Capito (WV)34:12 – 34:33

Thank you. Thank you very much. Uh, next we will hear from uh Commissioner Bradley Crowell. Uh, Commissioner Crowell was confirmed to serve as a member of the NRC in twenty twenty-two. and has over twenty years of experience in energy and environmental policy, including as a staffer for our own ranking member, ranking member White House. So welcome, uh, Commissioner, and you're recognized for two minutes.

Bradley R. Crowell (Witness)34:35 – 34:47

Thank you, Chairman Capito, ranking member White House and members of the committee. Uh, thank you for inviting me and my fellow commissioners to appear before you today, to discuss the Nuclear Regulatory Commission's fiscal year twenty twenty seven budget request. Uh, today

Sen. Capito (WV)34:47 – 34:49

Could you pull the microphone more towards you, yeah.

David A. Wright (Witness)34:48 – 34:48

Yep.

Bradley R. Crowell (Witness)34:49 – 37:59

today today we find ourselves uh at a pivotal juncture that will determine the future of commercial nuclear power not just in the united states but around the world upon joining the commission uh in twenty twenty two i was excited to get to work and help lead an ongoing transformation at the nrc commensurate with my growing confidence in our country's ability to position the us as the world's leader for the next generation of nuclear energy technologies but most importantly to do so while maintaining the united states hard-earned world-class reputation for nuclear safety and security i'm proud to have helped facilitate many accomplishments and milestones achieved by the agency staff in just the last few years. chairman nee highlighted many of the nrc's most recent successes and i share his optimism that we are building a framework to accelerate further achievements. however success is far from guaranteed. looking ahead, my confidence in our nuclear future is buoyed by congress building and sustaining bipartisan support for nuclear power to meet our nation's energy needs. and in doing so giving the nrc the policy direction and resources needed to modernize its approach to responsible nuclear regulation and oversight, without sacrificing safety. Recent positive change underway at the nrc can be traced directly to the agency's recent update of its mission statement to establish a more enabling culture, without losing focus on safety and security. By effectively establishing an an enabling mindset among agency staff, we've already seen notable improvements in both the efficiency and clarity of agency licensing and oversight activities. I hope this agency culture change will persevere despite recent upheavals amongst nrc staff just in the past sixteen months we have lost five hundred and ten employees including many senior executives and subject matter experts while adding only fifty-nine new staff over the past year the agency has been almost exclusively focused on implementing the current administration's executive order fourteen three hundred ordering the reform of the nuclear regulatory commission this eo doubles down on much of the agency's ongoing work in related reform efforts however the breadth and scope of this executive order combined with the extraordinary short timelines for implementation risks undermining the very goals set by the eo itself maintaining the public's trust in our government's ability to safely and securely regulate nuclear power generation means that getting it right should be more important than moving fast the need to enhance regulatory efficiencies without impacting safety is why my paramount concern as a commissioner today is the current and future nrc workforce but the agency is being directed to do more with less despite a growing workload and aggressive new time frames for agency licensing and oversight activities this is an unsustainable dynamic. uh i'm equally concerned about the agency's continued focus in in in a in fy twenty seven to execute on the nrc's full mission including the oversight of our nation's current fleet of nuclear power and fuel cycle facilities for lasting success the nrc must double down on efforts to restore build and maintain public trust whereas the surest way to undermine the public's confidence in nuclear safety and in the nrc's role in protecting public health is to decrease transparency. I am confident in the current crop of NRC commissioners that we can work collaboratively and collegially uh to achieve these objectives, and I look forward to discussing that with you today. Thank you.

Sen. Capito (WV)37:59 – 38:19

Thank you. Our next witness is Commissioner Matthew Marzano. C- Commissioner Marzano was confirmed by the Senate to serve as a member of the NRC in twenty twenty four, previously having been detailed by the Idaho National Laboratory to support the EPW. committee for then uh chairman carper welcome mr mozzano and you are recognized for two minutes

Matthew J. Marzano (Witness)38:20 – 38:24

thank you chairman capito uh ranking member white house members of the environment

Sen. Capito (WV)38:21 – 38:22

mmm

Matthew J. Marzano (Witness)38:24 – 40:45

and public works committee i appreciate the opportunity to appear before you today the nrc is undergoing one of the most significant periods of reform in the agency's half century history staff at all levels are working diligently to implement the direction provided by congress through the advance act as well as recent executive orders intended to modernize and accelerate the safe deployment of nuclear technologies. The staff's dedication to this effort is demonstrated to through the sheer volume of activity is nothing short of remarkable. The progress we have made over the past year gives me confidence that we can respond successfully to the task before us. At the same time, I must offer a note of caution. As a former nuclear operator, much of my focus in the role centered on understanding human performance and identifying precursor behaviors and conditions that lead to human error. In the context of the reforms underway, I believe that we may be at risk of allowing scheduled pressure to drive outcomes. In my experience, 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 delay, it is poor outcomes, reduced transparency, and ultimately a loss of public confidence. this challenge before us is not whether the nr c can exceed can succeed in this effort but rather ensuring that speed does not come at the expense of the agency's core values and principles i firmly believe we can accomplish the ambitious goals before us if three things happen first the agency must be have a well resourced and robust workforce expanded responsibilities require sufficient staffing training and technical expertise to execute them effectively second we must maintain meaningful stakeholder involvement and adequate public uh public comment opportunities durable regulatory progress depends on transparency and public trust and third we must preserve strong morale and organizational organizational culture at the nr c one that empowers employees to raise concerns apply sound technical judgment and remain committed to the agency's public safety mission if we get these things right i believe that we can successfully accomplish all that is before us while maintaining the confidence of congress industry and the american public thank you and i look forward to your questions

Sen. Capito (WV)40:46 – 41:04

thank you very much and our final witness we will hear for commissioner douglas weaver commissioner weaver was sworn into his current position in december of twenty twenty five and his nomination to serve a full five year term is currently pending for a vote on the senate floor commissioner weaver welcome back to the committee

Douglas W. Weaver (Witness)41:06 – 42:44

Good morning, Chairman Capito, Ranking Member Whitehouse, and members of the committee. Thank you for the opportunity to appear before you today, with my colleagues, to discuss the NRC's efforts to enable the safe and secure use of nuclear technologies for the benefit of our nation. On December third, last year I appeared before this committee as a nominee to become a member of the commission. I testified on that day that if confirmed, I would work with the current members of the commission to effectively implement both the advance act, and executive order one four three hundred, in a manner that maintains public trust and meets the needs of the nation. As I approach five months on the commission, I can say that the NRC is delivering on those commitments and will continue to do so, as we implement our new organizational model, new regulations, and more risk-informed programs. NRC stands ready to meet the country's needs today, and will be even better positioned to do so tomorrow. i would describe the work we are doing as transformational the full scope of the changes will become apparent as the commission deliberates on and issues the full suite of proposed rules in the coming months these regulatory changes in conjunction with the cultural and organizational alignment in progress will result in an nrc that is both safety focused and a true enabler of nuclear technology that's the vision i am committed to advancing that vision through my votes my engagement with staff and stakeholders, and my work with and my work with the colleagues on the commission. I appreciate the committee's oversight and I look forward to your questions. Thank you, Jimmy.

Sen. Capito (WV)42:46 – 43:26

Thank you all very much, and I will kick us off with the questions. Um, let's just talk uh first with Chairman Nii about the the proposed budget, which is nearly eighty million dollars lower than the enacted budget of fiscal year twenty twenty six. The proposal realizes much of the savings that Congress envisioned will be put together, the Advance Act, which directed the agency to be more efficient in its licensing and oversight program, and in doing so, lowering those regulatory costs paid by industry. Will you please, uh, Chairman Nii, um, briefly summarize and quantify key cost savings that are included in this budget that would have been uh as a result of the Advance Act.

Ho K. Nieh (Witness)43:28 – 43:29

Thank you, Chairman Capito.

Sen. Capito (WV)43:28 – 43:29

Mm-hmm.

Douglas W. Weaver (Witness)43:29 – 43:29

Yes.

Ho K. Nieh (Witness)43:29 – 45:19

i i can do that and i do wanna echo one thing that i think is instrumental to the savings that i'll uh describe momentarily is the uh committee's efforts to include enabling in the nrc's mission that in my view is one of the most substantial aspects of how we're able to uh achieve these uh licensing and oversight program efficiency so as you mentioned there are significant reductions through the provisions in the advance act that we're building into how we do business uh in licensing alone we've reduced costs by approximately six million dollars and thirty full-time equivalents and in the oversight program we have reduced costs uh around nine million dollars and uh forty full-time equivalents there are other reductions that we have uh implemented as well in the corporate support area again another area of focus through the advance act so taken together with the advance act alone the the focus on disciplined milestones and achieving efficiencies with that enabling mindset has enabled us to really deliver this value back to the country again so we can really execute our work at the best efficiency possible and the one thing i would really add to that bringing in to my my private sector experience to the agency and having a disciplined leadership model companies that execute well on their objectives really look to streamline and simplify or eliminate the work that doesn't contribute to the desired outcome and that's one thing that we're doing at the nr c we really wanna do less with less Cuz we found that over the years there are things that we have been doing that really do not materially contribute to mission outcomes. And those are the things that the Executive Director for Operations and his senior leadership team are really seeking to look for more and more as we execute our work so that we're focusing on what is absolutely most important for safety, and nothing more or nothing less than that.

Sen. Capito (WV)45:20 – 46:04

OK, thank you. Well, the next question uh I have is related to s- uh several of you addressed this in your um opening statements and that's appropriate staffing levels. But many of you noted a lot of folks had left the agency. Um and so we're seeing a dramatically different NRC. So I wanna start with uh uh Commissioner Crowell on this one. Um the proposed budget for NRC appears to include a notable reduction of staff, yet the licensing and regulatory work that the uh agency is accomplishing is sufficient as significant and a hedge up head of schedule. what is your assessment, and you alluded to this in your statement, um, in the needs, the staffing needs in the budget, and how does that align with future workload?

Bradley R. Crowell (Witness)46:05 – 46:48

So, thank you for the question, Senator. My concern in this regard is that these accelerated timelines and efficiencies that we've been able to achieve, um, will be vulnerable to a dynamic in FY twenty-seven and beyond, where we have an increased workload that, uh, that will uh require us to review multiple applications at the same time right now we're able to meet some of these aggressive goals because we're pretty much in a one at a time uh framework when that becomes uh multiple applications for different technologies um that's going to be more challenging i'm also concerned about having the right knowledge skillsets to appropriately review uh some of the advanced reactor technologies that we expect to come before the commission

Sen. Capito (WV)46:48 – 47:01

mmm commissioner weaver what what would be your perspective on that on what is how the commission intends to address these human capital challenges as it faces the updates and continues to do the licensing and uh regulatory work.

Douglas W. Weaver (Witness)47:02 – 47:04

Yep. Thank you for the question, Chairman.

Sen. Capito (WV)47:04 – 47:04

Mm-hmm.

Douglas W. Weaver (Witness)47:05 – 48:06

In in addition to the efficiencies that the Chairman mentioned, I think there's a we're not simply doing the same old way of doing our work and ho- and and trying to do it faster with fewer people. We're fundamentally changing the way we do licensing. we're using risk informed performance based regulations and approaches and what that means is we focus on what matters the most and we spend our time on what really impacts safety in that way we can be more efficient use less resources and still have good safety outcomes um it's true we need to hire um at this point and i happened to check our website we have i think fifteen or more postings and we're looking to hire approximately uh eighty people primarily from outside the agency we also have i believe thirty um interns or or uh yeah interns coming this summer so we are hiring to fill the critical needs right now.

Sen. Capito (WV)48:03 – 48:10

mmm alright uh uh senator whitehouse

Sen. Whitehouse (RI)48:12 – 48:49

thanks thanks chairman uh chairman let's talk for a minute about public voting Um, my understanding is that generally, commissions have a public vote when they, before they submit a proposed regulation to OIRA, it then goes into, at OIRA, a notoriously non-transparent process, irrespective of the administration, and then ultimately comes back out, and there's another public vote on final adoption of the rule. Um, you are not, doing that right now. Correct?

Ho K. Nieh (Witness)48:51 – 48:58

Uh, it's uh, ranking member Whitehouse, yeah, well, we are sending our rules to the OIRA process, which is a government-run

Sen. Whitehouse (RI)48:57 – 49:04

But not after a public vote. And there's not a public vote when they're returned for approval by the commission.

Ho K. Nieh (Witness)49:04 – 49:14

That's correct. The the commissioners, each individual commissioners' public uh votes are considered part of the deliber deliberative process and per the government-wide Protocols.

Sen. Whitehouse (RI)49:14 – 50:14

OK, well that's first of all that's pretty unique way of looking at a public act of an appointed Commissioner. So, I don't wanna credit that as being legally sound at all. But, more to the point, when Congress asks questions, um, the deliberative process just doesn't pertain. We have constitutional oversight. So, what I'm gonna ask is that you provide this committee a list of all the votes that have been taken by the NRC since that executive order with a vote roll as to who voted how on which vote. That'd be question A. Question B, on a going forward basis, could you update the, uh, committee on those vote tallies as they proceed? I think it's important that the committee with oversight over your voting know what the hell happened in your voting. Fair enough?

Ho K. Nieh (Witness)50:15 – 50:15

Yes, sir.

Sen. Whitehouse (RI)50:16 – 51:01

Thank you. Um, next let's talk about the um, this sort of mysterious steering committee that we've read about. Um, I understand that it has three members. I understand that only one of its members is even on your organizational chart. And I understand that, um, the steering committee itself does not exist on your organizational chart. 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?

Ho K. Nieh (Witness)51:02 – 52:06

Ye- uh, s- Senator, yes. and i i would like to clarify some things about this steering committee this is a a committee that is looking at uh the overall project management of the executive order fourteen three hundred rule makings it's it is not unlike other projects that the nrc's has where they have established a steering committee to oversee the work it's not something that's put on the major organizational uh diagram because it's a temporary uh management structure and i'd like to clarify just the membership of the committee as well there are two uh members of the committee that are nrc employees that is the executive director for operations and there is also our general counsel who are is on the steering committee and then there is one uh person who is on detail to the nrc in my interactions and with the executive director for operations and understanding how the steering committee functions it's really to provide the management oversight of the staff's work developing these rules they're not uh writing the rules themselves they're coordinating the overall proj project as well as the um you know desired uh objectives of the rule making

Sen. Whitehouse (RI)52:07 – 52:48

well what given the importance of the rule making process right now that's you know this isn't like you're just handing off some minor project to a ad-hoc committee to run it while the project gets done this is central to the executive order central to the uh operation of the nuclear regulatory commission and central to the well-being of the future of the nuclear fleet. So the idea is that this gets handed off to a steering committee that we don't know who it even reports to. Do you have a person, does the, does the commission have a person present in the room when the steering committee meets?

Ho K. Nieh (Witness)52:49 – 53:02

N- no, they do not. And uh, Senator, as I mentioned previously, this is really project leadership and, you know, making sure that things are directionally correct. And there's, into relationships between the various rule making so this committee is able to plot that.

Sen. Whitehouse (RI)53:01 – 54:11

yeah i hear you saying that but the that begs the really big question which is according to whom. the question is who do they report to. i mean within the nrc. are they reporting up to you. are they reporting to the secretary of energy. are they reporting to somebody in the white house. what. i i get that that's their task. but somebody is adjudicating whether that task is being done. or not and if it's not the commission which i would think it should be then who the heck is it it just seems like it's a really really weird organizational anomaly and in the context of the um what i consider to be infiltration efforts of the nrc by the department of energy then um i think it raises real concerns about whether there is a shadow commission within the commission that is making decisions that you're not even made aware of uh at the behest of and subject to the review of somebody who may not even be within the nr c i think that needs to be dispelled as a concern and i hope you'll work with us to dispel it and my time has expired

Ho K. Nieh (Witness)54:12 – 54:16

uh if uh if i may ranking member of white house i assure you that there is no shadow

Sen. Whitehouse (RI)54:15 – 54:15

but

Ho K. Nieh (Witness)54:16 – 54:41

commission we each individual member of the commission we own our votes and decisions and we may positions that are different than what is recommended by the steering committee in the ultimate package that comes to the commission so i assure you there is no shadow commission operating at the nrc i feel one hundred percent accountable to congress as well as you know the president who appointed me in this role to insure that all decisions we make and all rules that we promulgate will protect the american people

Sen. Capito (WV)54:42 – 54:44

yeah i guess i just

Sen. Whitehouse (RI)54:43 – 54:51

say it's not your decisions that worry me it's the steering committee's decisions and who they're made for the benefit of and to whom they report And I think that needs to be clarified.

Ho K. Nieh (Witness)54:52 – 54:52

I understand.

Sen. Capito (WV)54:53 – 54:54

Uh, Senator Curtis.

Sen. Curtis (UT)54:55 – 56:32

Thank you. Um, Chairman Nii, congratulations. Uh, Mayor Wright. Thank you for your your service and for your leadership during that period of time. Some of you will remember from previous hearings that we both share that title in common. Uh, Senator Whitehouse. All those lists of accomplishments that you mentioned I would attribute to uh him having been a mayor. uh, s- the Senate of Mayor, we would be in good shape. Uh, Utah, as many of you know, is known as the " beehive state". Uh, that's a reminder that working together produces outcomes, better outcomes. State, local leaders, and, and industry partners often recognize the potential in their communities, long before a federal agency thousands of miles away. That's why I believe federal policy works best when it empowers states and communities instead of imposing a one-size- fits all solution across the country. We also need to acknowledge reality that comes up repeatedly in these hearings. Our permitting and regulatory processes are too slow, too duplicative, and too unpredictable. We should recognize the tremendous opportunity in front of us. America has the talent, resources, innovation, capacity to lead the world in next-generation energy development and advanced technologies. But leadership requires a government that can move at the pace of innovation. So let me start uh Chairman Nii with a a question about uh rule making and as you consider new rules, are you looking at anything for making uranium recovery? Uh is there a plan for that? And if so, maybe a timeline please.

Ho K. Nieh (Witness)56:33 – 56:59

Yes uh Senator, the the NRC's efforts for these rule makings started under the executive order will cover the entire life cycle of of nuclear from the front-end to the back-end. It's important that we really look at our uh regulatory frameworks to make sure that we can enable the entire uh circle of life in in nuclear as you already know the america is uh too dependent on foreign uranium and enrichment and we need to fix that

Sen. Curtis (UT)56:57 – 56:57

yeah

Ho K. Nieh (Witness)56:59 – 57:17

and what we are doing with all of these rules is that when the commercial interests align with the capital resources workforce and supply chain to bring new facilities all around the uh fuel cycle to the nrc we will have a predictable and credible licensing framework to support that.

Sen. Curtis (UT)57:17 – 57:28

Thank you. Utah has a request to allow conversion uh to be added to Utah's agreement in the state status. I hope the NRC is still on track uh by to give them an answer by this summer. Can you comment on that?

Ho K. Nieh (Witness)57:28 – 57:31

I I I believe we are on track, but I will verify that

Sen. Curtis (UT)57:31 – 57:32

Yeah, super important.

Ho K. Nieh (Witness)57:31 – 57:32

after the hearing.

Sen. Curtis (UT)57:32 – 57:48

Thank you. Um With that, Utah is actively exploring nuclear as a dependable source of of clean base load power. I think uh it's been clear Utah wants to be a leader in this. How is the NRC engaging states to provide clarity around the path forward for deploying that nuclear?

Ho K. Nieh (Witness)57:49 – 58:17

S so, Senator, we we always stay ready to engage with uh our state partners through any NRC licensing activities. Uh I I would share uh personally I've been invited to to several states to speak about some of the reforms at uh happening at the NRC related to some of the new requirements I I'll be in in by the end of this month uh attending an event in in your home state, Senator, to to do the same. So we stand ready to engage. to ensure that there's full uh transparency and awareness about the nr c s licensing processes.

Sen. Curtis (UT)58:17 – 58:18

Good. Uh Commissioner Wright, yeah please.

David A. Wright (Witness)58:18 – 58:23

Yeah if I could add to that um uh Mayor, I mean I mean Senator, thank you, um

Sen. Curtis (UT)58:23 – 58:24

Mayor works just fine, thank you.

David A. Wright (Witness)58:24 – 59:00

I I actually um met with the Governor's team as well as the President of the Senate in Utah and the uh majority or speaker I guess of the House uh to discuss these things several months ago um I've also met personally with uh with Governor Cox and actually appeared in a video with him, uh, on the nuclear issues and the nuclear stuff that's going on in Utah. So we are a resource for the states. That um uh I I think it's important and we will assist them as appropriate to do exactly what uh Chairman Nee was talking about to answer their questions, help them better understand the process and um all of it consistent with our mission.

Sen. Curtis (UT)59:00 – 59:21

Excellent, good. Can um uh Chairman or any of you really comment really to the American taxpayers? You're looking at these uh changes these um the things that they're uh upcoming how can the american taxpayer be assured that that we're on track that we're we're spending the money well and uh what is your message to my constituents back home

Ho K. Nieh (Witness)59:21 – 59:53

uh the the message to your constituents is is judge us by our actions uh we are making our uh licensing performance more transparent on our website there are dashboards that show how we are using resources uh for licensing so there is increased transparency again i've set priorities for this agency to operate in a more disciplined and efficient manner so uh my message would be nrc is enabling the safe use of nuclear technologies in america and i hope that your your your people in your state will will be able to judge that and and confirm that through our actions and results

Sen. Curtis (UT)59:54 – 1:00:44

uh uh ranking member white house i'm gonna i'm gonna paraphrase uh something you said in remarks and i'll get it wrong so i'll apologize but you kinda classified a couple of different applicants to those who are on their game they know what they're doing uh and when they do so they interact well with nrc uh others are not so i i would introduce a third class i think of uh utah municipal power authority and um uamps two uh municipal uh organizations in the state of utah who i would say kind of fall in a third category who really just don't have the resources uh to navigate the way uh uh you know some of these larger organizations do and so just a quick question about uh what you're doing to insure applicants uh who don't have a wealth of resources know how to navigate this as well, who are good actors and who we want to be players in this in this space.

Ho K. Nieh (Witness)1:00:45 – 1:01:19

one of the most important things we do senator is our pre-application engagement with applicants that is one of the most valuable things to insure that uh there's clear expectations on what is expected to be in an application and and you know it's very clear that the applications have to contain sufficient information that demonstrate nrc requirements are met so we do those discussions and it really is a prioritization tool for us as well as an agency we can judge through a pre-application engagement you know what level of maturity the application may be in what type of information gaps may exist and it helps us really prioritize what to focus on

Sen. Curtis (UT)1:01:19 – 1:01:41

uh i'm out of time but thank you for your answers and really thank you for uh the good work that all of you do as commissioners i we don't get very many hearings and yes we have our questions and yes we have our concerns we don't get very many hearings when we have a body in front of us that's really doing really good work and and really at a critical point not just for for nuclear but for energy uh throughout our whole country so thank you and i yield my time

Sen. Whitehouse (RI)1:01:41 – 1:01:45

and i will accept my friend's characterization of a third category

Sen. Curtis (UT)1:01:45 – 1:01:46

thank you

Sen. Capito (WV)1:01:47 – 1:01:48

uh senator padilla

Sen. Padilla (CA)1:01:49 – 1:01:49

thank you madam chair

Sen. Capito (WV)1:01:50 – 1:01:50

thank you

Sen. Padilla (CA)1:01:51 – 1:03:02

thank you to uh all the commissioners for your service and your uh participation today the department of energy has now approved three reactors to begin operation under its reactor pilot program and aims to reach criticality by the fourth of july department of energy's reviews and this uh criticality target data are both proceeding on extremely short timelines um and i understand the department of energy has advertised the program as quote fast track to nrc commercial licensing but i wanna make sure this committee understands the role that nrc plays in this fast-track process since the nrc will soon propose a rule allowing reactor applicants to use data gathered in doe or do the authorized reactor tests to inform their own license approvals so my first question is to chairman how will the nrc assess the validity of doe or dod s authorization process to ensure that any potential steps skipped in doe s review are addressed during the nr c s review

Ho K. Nieh (Witness)1:03:03 – 1:04:29

yes thank thank you for the question senator i wanna say up front that the information through a doe or dow authorization is not a shortcut through nr c licensing there is no rubber stamping that is gonna happen at the agency with this rule that we have published in draft form we just published in april uh last month the accompanying guidance for that um interaction using information And what that does, what that guidance will do, it will help the NRC uh identify the scope and depth of how it uses information from another federal agency to make an NRC safety decision. So every applicant coming through NRC is gonna have to send in a complete application that shows how the information and authorization uh activities meet NRC requirements. And as I mentioned, using the guidance to figure out the scope and depth is how we're gonna gain efficiencies here. So I'll give you one example, fuel qualification testing. So if the Department of Energy reactor pilot project does fuel testing and and experiments and things like that to qualify the fuel, the NRC, we're not gonna recreate that. We're gonna look at the data, we're gonna see how that meets our uh requirements and then move that forward with greater efficiency. Same thing if there's safety analysis or a source term analyses that are done in the pilot project, we'll use that information and make a determination how far we need to go. So the idea is let's not reinvent the wheel and create

Sen. Padilla (CA)1:04:28 – 1:05:09

Yeah. Look, and and don't get me wrong, we're we're all for being as uh efficient and expeditious as possible, but not uh eh to um not in a way that's gonna increase risk unnecessarily. So I think the spirit of my question was ensuring that there's no steps missed on the DOE side or don't wanna get off topic here, in the senate it's still the department of defense you know the administration calls whatever it wants it's the department of defense i wanna make sure there is no steps skipped in that process so you're assuring me that your uh utilization of either doe or dod uh data uh is not gonna lead to any steps skipped

Ho K. Nieh (Witness)1:05:09 – 1:05:10

yes sir

Sen. Padilla (CA)1:05:10 – 1:05:30

ok thank you um related question under the nrc's proposed rules would it be possible at all for the department of energy authorized reactor or fuel facility um to simply transfer to an nrc commercial license to operate the same facility continuously for commercial purposes

Ho K. Nieh (Witness)1:05:31 – 1:05:42

it uh that is something we're exploring senator how how that might work but i i would assure you that if it's gonna receive an nrc license it will receive a rigorous review to insure that all of the nrc requirements are met

Sen. Padilla (CA)1:05:43 – 1:06:12

ok then we'll ask for additional information as part of follow-up and questions for uh the record finally my time remaining my one minute remaining to all the commissioners i'll keep it simple it's just a yes or no question will you review issues that were nominally addressed by the doe or the dod's authorization process if you do not believe such issues were sufficiently investigated as part of this uh fast-track process yes or no starting with commissioners

Ho K. Nieh (Witness)1:06:10 – 1:06:13

yes yes yes

Bradley R. Crowell (Witness)1:06:13 – 1:06:15

um i'll do my part to ensure that happens

Ho K. Nieh (Witness)1:06:16 – 1:06:16

yes

Bradley R. Crowell (Witness)1:06:17 – 1:06:17

Yes.

Sen. Padilla (CA)1:06:17 – 1:06:21

OK. Thank you all very much. I'll have additional follow-up questions for the record. Thank you.

Sen. Capito (WV)1:06:22 – 1:06:23

Uh, Senator Blunt Rochester.

Sen. Blunt Rochester (DE)1:06:25 – 1:07:47

Thank you, Chair Capito, Ranking Member Whitehouse. Um, thank you, Mister Chairman, Mister Mayor, Commissioner. Uh, and to the other commissioners as well for being here. Um, I start off by just saying, um, hearing the conversation about the Advance Act was really important and looking back to see the overwhelming bipartisan support for that. Um, just giving that history and context for me as a new member was really important. Um, as m- as you know, Mister Marzano, I received the torch from s- uh Chairman uh, Tom Carper, and so I'm really proud to be sitting in this seat. Uh, nuclear workforce development is crucial, uh, to helping us meet the growing energy demand. And at a time when we're seeing the impacts of the volatility of the fossil fuel industry on energy bills, even more important now um and that we build a workforce that is um stable um that can focus on safety that can um focus on low energy low carbon energy sources um ultimately it's truly about our public health it's about our economy and our national security uh so i wanna my first question is to you chairman nee um beyond the university nuclear leadership program uh what is the nrc doing to support nuclear workforce development across the industry.

Ho K. Nieh (Witness)1:07:50 – 1:08:44

Yes, uh, thank you for the question, um, Senator Blunt-Rochester, so the NRC's programs that directly impact the workforce are are really through the university uh nuclear leadership program. Uh, we we don't really have uh things that we, you know, programs that the NRC exec executes at trade schools and and things of that nature. So, I I would say maybe what we do is is is somewhat, you know, indirect. through the the work of the agency and uh you you know as as we do things that enable the development of nuclear technologies that that gives confidence to you you know uh applicants uh businesses to make investments into the supply chain as well as the workforce and i i will say speaking from experience working for a nuclear utility running a fleet of reactors developing the workforce was very very important and the you know the company that i used to work for would make investments in local communities to you know develop uh craft and and trades that support the nu nuclear ecosystem.

Sen. Blunt Rochester (DE)1:08:44 – 1:08:55

Chairman, uh, right, I'm gonna ask you a similar question. Um, but if you could just share more expansively, what do we need to be doing as a country to expand this workforce?

David A. Wright (Witness)1:08:55 – 1:09:35

Well, we need to pay attention and and and we need to speak about it, got to talk about it. Uh, one of the things that that we can do as commissioners, which w- which we do when we go out to universities or to other other places where we know there's interests their students you know could they be middle schools high schools and and the university programs the nr the nr c is a good place to come to work right we're we are the the cool kids on the nuclear block today and and we can uh people can support they can grow a family they can have a career that is really meaningful uh working with in your local communities when you're out there you know i mean we need to talk about what we do as commissioners

Sen. Blunt Rochester (DE)1:09:35 – 1:10:01

well i know we uh i've asked specifically about the the general public, but I know there have been a couple of comments by commissioners as well as our ranking member about um your own workforce and going from over five hundred folks, um losing their positions and I thought I heard you say you're on track to hire fifty nine staff, additional staff, is that correct?

Bradley R. Crowell (Witness)1:10:03 – 1:10:23

Senator, those are my opening remarks and and and um Uh, we have lost over five hundred, but we have um been able to replace about fifty nine, I think is the is the number right now. And and we're continuing to push, but um I think our needs outpace um the availability uh uh and applications for the types of positions we need to fill.

Sen. Blunt Rochester (DE)1:10:23 – 1:10:54

I mean, that's why I asked the question about workforce development and what I w- I would suggest is a real concerted push and effort there. Um, I I I also wanted to clarify, Commissioner Weaver, you mentioned in as you were talking about many of you talked about doing more with with less and things like that but you also mentioned hiring thirty interns how do the as a former intern for tom carper it took me thirty years to get here i wanna know what those interns are gonna be doing at an agency like this um

Bradley R. Crowell (Witness)1:10:54 – 1:10:54

right

Douglas W. Weaver (Witness)1:10:55 – 1:11:24

yeah thank you senator i'll try i'll start maybe some of the others wanna add something but they they go through um i think it's a year and a half program where they get out in the field Um, they go to a power plant and spend time there, they go through various trainings. So, it, it doesn't, after eighteen months they're not fully qualified to do the work, but they've gotten a taste of all the different things that we do, and, and they can really begin and begin to be productive and support the agency.

Sen. Blunt Rochester (DE)1:11:24 – 1:12:19

I'm gonna run out of time, so I better go quickly, but I just, again, wanna put a fine point on this because interns will not replace the experience and expertise of people who have been with the agency all of this time. And we can follow up afterwards about the specifics of a plan, a workforce plan, and also look at us as a country because I wanna shift to um February twenty twenty five, the president signed the executive order requiring all agencies, including independent agencies, to submit for review all significant regulatory actions to the White House Office of Information and Regulatory otherwise known as OIRA. Um, a- and so this means that public comment, as I understand it, would have to go through NRC and OIRA. Is that, um, to agree on like a proposed rule? Is that correct or or incorrect?

Ho K. Nieh (Witness)1:12:19 – 1:12:35

Uh, Senator, if I may clar- clarify, so the NRC will hold a a public comment period when it publishes the draft rule. Prior to the draft rule being published, that's where the inter-agency review comes in with OIRA so they will provide some comments on on the rules that we're proposing.

Sen. Blunt Rochester (DE)1:12:35 – 1:12:46

So help me understand what OIRA's role was prior to this executive order, and also could you share how the public comment part will be impacted by this?

Ho K. Nieh (Witness)1:12:47 – 1:13:33

So in in my view I the public comment part will not be affected by the OIRA rev review because OIRA review happens uh prior to the draft rule being published. So what what I've experienced far in this OIRA process is there's comments that um relate to how the need for the rule is framed up in the federal register notice there's uh some questions for clarification around the regulatory analysis the cost and benefits and things of that nature in my experience so far I can't say this will be the case for every single rule but generally the NRC's technical substance is is largely intact because we're the technical experts that are doing this but the the broader federal government in review provides, you know, some some uh perspectives, cuz they're not deep in the in in the process for us.

Sen. Blunt Rochester (DE)1:13:33 – 1:13:52

I I thank you, the Madam Chairwoman, for giving me that extra time, cuz I I did wanna understand how we're doing, trying to do things quickly, we're trying to make sure their safety, we're also having to engage the public. So I I I just wanna make sure that public involvement, that gets to the transparency,

Sen. Capito (WV)1:13:53 – 1:13:53

Yeah.

Sen. Blunt Rochester (DE)1:13:53 – 1:13:57

that gets to the public trust. And that's vital for the work that you do. Thank you and I yield back.

Sen. Capito (WV)1:13:58 – 1:14:44

Thank you. Um, Senator Kelly is up next. Uh, if he wants to wait till he sits there, I'm gonna ask a real quick question, then in between two. Uh, Commissioner Wright, since you're kind of the old guy on the block in terms of seniority and and being on the commission not not the other way I didn't mean it like that I'm very sensitive to that. Um, culture change. Um We just had a brief uh, Senator Whitehouse and I just had a brief conversation about past uh hearings with the NRC. Not quite having um as much um camaraderie between commissioners in terms of being able to get things done. I mean briefly, can you describe is there a culture change at the commission level and how do you see that?

David A. Wright (Witness)1:14:44 – 1:15:34

Oh absolutely. Um, so uh that, and first off thank you for your comments earlier, uh recognizing last year Um, you know we everything flows through what the first requirement was out of the advance act. It's foundational to everything was the adoption of the new mission statement, which who I worked very closely with, uh Commissioner Kroll, uh and and then Marzano came on near the end of it, right, and and uh the others are now here to help and and to bring it forward. Eh everything flows from this mission statement and it's connected to everyone. Um through it, I mean commission, reactors, IT, uh uh international programs, fuels and other nuclear materials, medical stuff, everything and everything is connected. So I think that so that right there, everybody's leaning into it,

Sen. Capito (WV)1:15:34 – 1:15:34

Mm.

David A. Wright (Witness)1:15:34 – 1:15:36

even the commissioners themselves.

Sen. Capito (WV)1:15:36 – 1:15:37

Great.

David A. Wright (Witness)1:15:37 – 1:15:38

Um and we have a very good relationship.

Sen. Capito (WV)1:15:38 – 1:15:48

Good. And I would say the uh the direction of redoing the mission statement came from the bipartisan advance act. So uh I guess we can share a little bit of the credit for that. So, Senator Kelly.

Sen. Kelly (AZ)1:15:50 – 1:16:42

Thank you Madam Chair, uh thank you gentlemen for being here today, Chairman Nii. There's been a lot of attention on the NRC's work to improve the permitting process for nuclear reactors. And it looks like we've already seen some results. TerraPowers reaction, or reactor permit was completed in less than eighteen months nine months ahead of schedule. That matters. We need to get clean, reliable power on the grid faster. But as an engineer myself, I know it's uh, this is not an area where we can cut corners. Safety always has to be the top priority. So, Chairman Nii, how has the commission maintained the rigorous safety standards the public expects and deserves in the NRC licensing process while finding ways to move forward faster?

Ho K. Nieh (Witness)1:16:43 – 1:16:58

Thank you for the question, Senator. So, for myself as an individual member of the commission, and I believe, It's the same for my colleagues on the commission as well. We are fully committed to the NRC safety mission. That is why we are here. We are here to protect the public from the hazards associated.

Sen. Kelly (AZ)1:16:58 – 1:17:08

Did you have to ha- 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?

Ho K. Nieh (Witness)1:17:08 – 1:18:05

Not not in all cases, Senator, as as there was some dialogue bef- before you you joined the hearing uh about our focus on what is most important to safety. the one of the reasons why we're able to achieve these efficiencies is because in the past, Senator, some of our licensing activities 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. So this team is really aligned. They're embracing the enabling mindset to really focus on what's most important in a licensing review. So that is one reason why we're able to do that. Other instances though, if we don't have a specific skill set, let's say in a very, very focused technical area, maybe like fuels or electrical instrumentation and control, yes, we would have to, you know, maybe augment the technical capacity, but the the the thing that moves the needle the most is really focusing on what matters most for safety.

Sen. Kelly (AZ)1:18:05 – 1:18:18

So, does that mean that you've focused the licensing, approval, process on the areas that affect safety? and try to maybe not worry so much about other things.

Ho K. Nieh (Witness)1:18:15 – 1:18:57

Yeah. Y- yes, sir, and - and I'll just give - share you an example from the last time I was here at the agency. There was a - an application that came in for a particular reactor design. Uh, the staff had some really great interest in some non-safety related ventilation system near where the reactor was, and - and spending time looking at that. So the leadership team had to really focus the staff to say, hey, that isn't really gonna affect the safety case outcome one way or another. Let's not spend time there. let's focus on really what is truly most important for the safety case. So it's it's examples like that that are really enabling us to do more disciplined and efficient regulatory reviews for SMRs and other nuclear technologies.

Sen. Kelly (AZ)1:18:57 – 1:20:09

Alright, thank you, and um, Commissioner Weaver, you've 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 we don't have the fuel to operate them. So right now our fuel supply is in a precarious place. More than eighty percent of enrichment happens overseas. Ultimately that means the utility bills of millions of Americans depend on a global supply chain that we can't control. And notably about twenty percent of enriched uranium comes from Russia. Clearly that's a problem. Russia's an adversary. And we should not be relying on them for something as important as the fuel, that powers our nuclear reactors. That's why we passed a law banning those impur imports in twenty, by twenty twenty eight. But that leaves us with a real capacity gap. We only have two enrichment facilities in the United States, we need more of those, and we should be making this stuff here at home. Nuclear fuel is too important to our economy and our national security to leave the hands of foreign sup- leave it in the hands of foreign suppliers. So what's the, what's the plan?

Douglas W. Weaver (Witness)1:20:12 – 1:20:43

senator as you know department of energy has funded um a number of uh enrichments for both low enriched high enriched and and uh highest say low enriched uranium so our role at the nrc will be to be prepared to review those applications when they come to us um and i've testified uh in the house a few weeks ago that there are some changes to um the atomic energy act that would be useful for the enrichers so they can get constructing a little bit faster and i i know

Ho K. Nieh (Witness)1:20:42 – 1:20:44

have you have you received applications

Douglas W. Weaver (Witness)1:20:46 – 1:20:55

we are i know you are in pre-application with several i don't know that we have any enrichment applications under review i can get back to you with it

Ho K. Nieh (Witness)1:20:54 – 1:21:08

well we we we received uh an application from uh orano for orano for an enrichment facility under their project i and that's undergoing acceptance review now assuming that process proceeds smoothly

Sen. Kelly (AZ)1:21:09 – 1:21:23

is it possible to have an enrichment facility built and operating by twenty twenty eight? I assume not. And if not, when could we have another enrichment facility here in the US?

Ho K. Nieh (Witness)1:21:23 – 1:22:20

S- Senator, I don't have the exact timeline for this project, but what I would like to share with this committee is another example of how NRC is gonna be an enabling regulator. The the facility that I just mentioned is u- it's a facility that operates in the world today. It's in in France. technology and actually builds on a technology we had in the united states a a few a few decades ago eagle rock so the the nrc staff is looking to how to leverage our previous experience as well as the experience from the french regulator so we don't have to reinvent the wheel again we're not gonna rubber stamp anything but we are gonna validate technical information that it meets our regulatory requirements to deliver a a more timely regulatory review to get this enrichment facility uh an application to the applicant so they can start building because as you i agree one hundred percent with you this is a huge gap it is national security for the united states and nrc will do its part by not uh being an impediment to getting the fuel cycle up and running on the front end alright thank you gentlemen

Sen. Capito (WV)1:22:20 – 1:22:22

thank you uh senator markey

Sen. Markey (MA)1:22:24 – 1:25:40

thank you madam chair uh 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. The agency is putting out dozens of rulemakings and will have to review dozens of license applications for new and restarted reactors. And while you shrink the agency's budget, a loss on top of the existing departure of one in ten NRC employees over the last year and a half, you're shrinking your ability to conduct oversight over the nuclear fleet and your own agency. The budget cuts the office of the inspector general by twenty-four percent, and the operating reactor's program by nearly one tenth. Your reactor oversight process changes cut inspection hours inspection hours by nearly a half. Those cuts put a big leash on both internal and external watchdogs. Now, one of those major changes of the nr c s reactor oversight process overhauls how the agency conducts security evaluations for three decades these force on force exercises have made sure that nuclear facilities are ready to prevent and to mitigate and to respond to security threats that could lead to wide spread disasters force on force inspections were strengthened in the aftermath of nine eleven In two thousand and five, I wrote the provision of the Energy Policy Act that ordered inspections to be, quote, conducted by the commission and for those inspections to be, quote, free of any conflict of interest to ensure integrity. That's the law. I wrote that law. But in the recent reactor oversight process rewrite, the nr c moved to phase out its role in these inspections by the end of next year instead it's going to replace the process entirely with one where plant operators design and perform force on force inspections on themselves that's what we corrected in two thousand and five commissioner marzano in your vote you expressed concerns that the new force on force would be in violation of the atomic energy act do you think self-conducted inspections could introduce potential conflicts of interest

Matthew J. Marzano (Witness)1:25:42 – 1:25:56

thank you for the question senator and your leadership in that provision yeah in our analysis of the of the proposal uh we did see uh a challenge with conflict of interest specifically in moving to a licensee led uh framework

Sen. Markey (MA)1:25:56 – 1:25:57

could you speak up a little please

Matthew J. Marzano (Witness)1:25:58 – 1:26:45

Uh, yeah, so we did we did see a conflict of interest um issue um in the licensee-led framework. Um. I think in the context of performance of the exercises themselves, um, I think that it's it is potentially possible uh that licensees could perform and execute their own force-unforce exercises. However, the law is the law, and that's where we saw the issue. Um. can that conflict of interest be managed is the question now um i think that there needs to be some legal analysis and some work done with how we would manage the conflict of interest in a licensee led framework um so it's possible but again i think uh some more legal analysis uh and understanding of of of the provision is is needed to execute that

Sen. Markey (MA)1:26:44 – 1:28:16

right it is the law and letting licensees design and run their own inspections is letting a letting a student write and take, and then revise their own exam, and then giving them their own grade. It's a take-home exam. And, of course, that then creates a real danger, because that's why we had to write the law in the first place, because of the fundamental conflict of interest that existed. And especially, as we are now engaging in new conflicts around the world, terrorism threats arising we know that nuclear power plants have always been at the top of the list of the terrorist targets around the world we can see that in ukraine we can see it around the world but we also know it from our own information gathering after nine eleven which is why the great interest in it nuclear power plants are at the top of the terrorist target list and you are reducing to safety reducing to protections letting the power plants letting 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. And that's just plain wrong. And I thank you, Madam Chair, for holding this very important um uh hearing. Uh, this is just completely out of line with the NRC's uh governing statute. Thank you.

Sen. Capito (WV)1:28:17 – 1:28:19

Thank you. Uh, Senator Alsabrooks.

Sen. Alsobrooks (MD)1:28:20 – 1:29:37

Thank you so much. Good morning. Thank you, Chair Capito and Ranking Member Whitehouse, uh, for holding today's hearing, and thank you as well, uh, to each of our witnesses for being here. The Nuclear Regulatory Commission is essential to Maryland's energy sector. In fact, overseeing, uh, Calvert-Cliffs nuclear power plant, uh, is, is really important because it supplies close to forty percent of our state's electricity. 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. Um, in FY twenty-five and twenty-six, the NRC has experienced the highest attrition rates, uh, in twenty years. Overall, attrition is expected to fall between fourteen and fifteen percent for this fiscal year compared to apro- approximately eight percent historical historical uh average and no prior years, above ten percent before FY twenty-five. So Chairman Nii, um, the first question is for you, beyond salary competition with the private sector, which we know is an issue, uh, what are the primary reasons you would say employees are leaving uh NRC and to what extent uh are these departures driven by uncertainty?

Ho K. Nieh (Witness)1:29:38 – 1:30:52

Thank you for the question, Senator. I I think uh from the limited data that I've looked at, I've you know, since since being in role when we do exit interviews, obviously you you pointed out one Aspect of it, uh, which is, you know, the private sector, but o- other things that I've heard as reasons for, uh, people leaving were work-life balance issues, you know, the long commutes and things like that, and trying to find companies that offer, you know, full-time telework and, you know, to, um, im- improve their work-life flexibilities and things of that nature. So I've I've heard that. Uh, but I what I will say is that there there are so many dedicated staff of the NRC, and I said this at my confirmation hearing. The NRC staff are among the most dedicated people I've ever worked with in thirty three years in this industry and they r- r- really are are there because they believe in what they doing right now now this moment that America has and the USNRC is a part of is we are doing something so meaningful for America and I think a lot of people believe that so I think with some of the things that we're looking at with recruitment and retention incentives and we appreciate the uh the the the foresight you all have. in the advance act with giving us some of the award authorities those are the tools that i believe will help us really strengthen our our workforce going into the future

Sen. Alsobrooks (MD)1:30:52 – 1:31:52

thank you and so you know as far for the other commissioners as well um i know that there has been a lot of uncertainty surrounding the reorganizations change to inspection programs um or concerns as well about the agency's uh direction and independence so i wonder whether any of you might be able to also speak to this issue regarding attrition and retention Um, and I know, I agree with you, chair, and me, it is not just that the employees at the uh, NRC are committed. We found that sort of commitment throughout government. Um, that's what we find in the quality of people we've been able to attract. So the question really is more about how how you regard their morale across the agency. We know that they're excellent, but how do you feel, that they feel, um, about the environment in which they work? Would you, what would you say about staff morale and whether you believe that the NRC currently feel empowered to raise technical disagreements or safety concerns um through any of the established uh channels so so maybe mr. chairman and then

Ho K. Nieh (Witness)1:31:52 – 1:32:10

yes i'll be brief so my colleagues can answer i walk around a lot and talk to people and i i sense an enthusiasm and a sense of pride for what they're doing uh before votes on major issues i invite the technical staff up to my office to talk me through i ask them tell me what you know if you see things differently than what's proposed you know and and we'll

David A. Wright (Witness)1:32:26 – 1:32:27

Hi, good morning.

Sen. Alsobrooks (MD)1:32:27 – 1:32:28

Good morning.

David A. Wright (Witness)1:32:28 – 1:33:27

Um, so uh going through the last year we had a lot of attrition while I was and that year when I was chair um for a number of reasons that were already been talked about this morning. Um, But it's important for us to look forward here. There's a silver lining in and what happened too. Um, because now opportunity for people who had shorter run times at the agency than some of the others are now able to step up. And they are stepping up and they're they're they're leaving their legacy. They're starting to make their mark um on on changes, positive changes for the agency. And they're going to be the ones that are are new hires uh that are coming on are gonna be they're looking to them now. to mentor, uh, and to train and learn from, and there's an excitement among the younger crowd that's coming in to the agency right now. Um, and the, the, the, the leaders who were who were there in the positions, the leadership they're in today, they're actually leaning in and helping, uh, guide these people.

Sen. Alsobrooks (MD)1:33:28 – 1:33:28

OK.

Bradley R. Crowell (Witness)1:33:29 – 1:34:35

Uh, thank you for the question, sir, you know, with all due respect to, um, my commission colleagues, I, I think the positive culture at the nrc is a little bit more tenuous uh at this moment in time um given the staff attrition that we've seen um you know the the people that we've lost are the you know very senior most experienced folks and you know those aren't easily replaced by you know uh you know interns and fellows coming into the workforce for the first time is a challenge um and you know we have an incredibly uh hard-working workforce but you can only ask them to do so much and at some point they're gonna be asked to do more than they have ability as one person to do and then you're gonna face issues of burnout um when you don't have teleworking complimentary you know things that make uh the uh work environment uh more you know more beneficial to folks it it has an impact and i think when you add on top of that the dynamic that commissioners themselves now have to think a little bit twice about what they say before they say it because for fear of being fired that resonates down to the to the staff as well

Sen. Capito (WV)1:34:31 – 1:34:31

mmm

Sen. Alsobrooks (MD)1:34:35 – 1:34:38

Thank you. My time has expired. Thank you so much.

Sen. Capito (WV)1:34:38 – 1:34:44

Thank you. Uh, the ranking members make a quick, uh, remark and comment, and then we'll go ahead and bring it to a close.

Sen. Whitehouse (RI)1:34:44 – 1:36:14

Yeah, I'd just, um, like to make the point that with respect to staffing, it seems to me at least that in some respects you all are the victims of your own success. That the work of the NRC, that the regulatory changes that Congress has created, um, and that the process that you've gone through that i described in my opening remarks has livened up the nuclear industry to the point where there's now a lot of hiring taking place. And where better to go for experienced folks than the nr c. Not too long ago it was really hard to get a job in the nuclear energy industry, cuz it was pretty moribund. And now that it's not, you have real competition from companies who can pay real money. And, um, I'll ask this to you all as question for the record, so you don't have to answer it now. But I do think it's important for us on the committee to be thinking about what you need to deal with your staffing issues in an environment that is much, much, much more competitive than it used to be. So, put that thought in your heads, wait for my question for the record, and then give us your best advice on what needs to be done to solve for that problem.

Sen. Capito (WV)1:36:16 – 1:36:54

I, I agree with uh, Senator Whitehouse. I think that's, um, it's an exciting career and with the energy appetites that we have and nuclear's become much more part of the conversation, it does uh provide a challenge. So, with no further questions, I'd like to thank the commissioners for being here this afternoon, and all of my colleagues for their participation in today's hearings. Senators who wish to submit written questions for the record have until five PM on Wednesday May twenty seventh to do so. The witness responses to those questions are due back to the committee no later than five PM on Wednesday June the tenth, and will be submitted for the record. With that, this hearing is adjourned, and many thanks.

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