Jeremy L. Dillon
RW Monitor
9/12/2014
The two nominations to fill the vacancies on the Nuclear Regulatory Commission moved out of committee this week, and now await full Senate approval after a quick turnaround from hearing to vote. The Senate Environment and Public Works Committee voted 11-7 and 11-6 to move Jeffery Baran and Stephen Burns to the full Senate for consideration. The Senate plans to vote on the two nominations on Tuesday next week. The move received bi-partisan support, with Sen. James Inhofe (R-Okla.), usually a staunch opponent to the Obama Administration, voting for the nominations. “I believe the nominees that were approved by the EPW Committee today are highly qualified, and their commitment to NRC’s mission will increase the level of confidence the American people have in the safety of the nation’s nuclear facilities,” EPW Chair Barbara Boxer said in a statement. “I look forward to moving these nominations quickly through the full Senate.”
The Obama Administration in July nominated Burns and Baran to fill the open spots on the NRC. Burns previously worked for the NRC, rising to General Counsel under then-Chairman Gregory Jaczko, but left in 2012 for a position with the Nuclear Energy Agency. Baran served as an aide to House Energy and Commerce Ranking Member Henry Waxman (D-Calif.) while also serving as Democratic staff director for the Energy and Environment Subcommittee. Baran would fill the vacancy opened by the Administration’s decision to oust George Apostolakis as commissioner, while Burns will finish Commissioner William Magwood’s five year term, which ends next year.
GOP Sens. Question Reid Influence
During the nomination hearing, much of the discussion focused on Senate Majority Leader Harry Reid’s (D-Nev.) political influence on the Commission, as Republicans called into question whether the two nominees were Reid’s political pawns or independent regulators. The Republicans, led by Sens. John Barrasso (R-Wyo.) and Jeffrey Sessions (R-Ala.), cited a recent article in Politco chronicling Reid’s long-time interest in the NRC, especially in regards to Yucca Mountain, as evidence to the political tilt of the two nominees. “We need to maintain a full, qualified slate of commissioners who continue to protect our communities by assuring nuclear safety,” Barrasso said. “That is best achieved by having experienced commissioners who aren’t removed and called names on the Senate floor because they don’t share the majority leader’s narrow political agenda.”
Boxer responded that any Majority Leader would show an interest in the nomination process. “I don’t think it comes as a big surprise that a majority leader of the majority party is interested in this,” Boxer said. “You can go all the way back to the original majority leaders. Why are they interested? Because they set the agenda, and if they feel uncomfortable with a nomination, it is uncomfortable for them. I just want to say whether Mitch McConnell was the majority leader, or Harry Reid, or Bob Dole, they all cared about who the commissioners are. It is not a big surprise. Majority leaders care.” The two nominees, meanwhile, maintained to the Committee that they would serve as independent regulators to protect public safety.
Boxer, Markey Hit NRC on Sensitive Document Policy
Meanwhile, Boxer and Sen. Edward Markey (D-Mass.) used the nomination hearing to voice their grievances with the NRC’s sensitive document policy. Last year, the NRC changed its policy to limit the documents member of the House and Senate were able to receive, but a provision in the Fiscal Year 2014 Omnibus Appropriations bill reversed the policy to its original form. Boxer and Markey, though, appear to still be having trouble getting the information they want. “I was able to insert language into last year’s Omnibus Appropriations bill to reverse NRC’s efforts to withhold information from Congress, and restore the old document policy,” Markey said. “I am disappointed to say the NRC is currently breaking that law because NRC is withholding documents that I have requested on a range of important issues.” Boxer added, “We have a real problem. We can’t get documents. The NRC has told me that there is a separation of powers and that this Committee doesn’t deserve certain documents.”
Both nominations pledged to work with the Senators to release the documents when requested. “The 2011 internal Commission procedure, which you referred to as the ‘old procedure,’ ensured that documents were available not just to the Committee, but to individual members of the Committee, to Senators or House members who have facilities in their districts and states,” Baran said. “I believe that is the right policy and the appropriations bill makes it clear that is the policy it is now.” Burns added, “Yes, I will work with you. As my past experience, I worked with a lot of issues and sometimes tough document issues, so from my position, the Congress has an important oversight role, and I will try to help it.”
