Top Nuclear Regulator Faces Tough Reconfirmation Battle In The Senate

Biden wants to keep Jeff Baran on the Nuclear Regulatory Commission, but the GOP and pro-nuclear activists say he’s holding back an atomic renaissance.

Huff Post, By Alexander C. Kaufman, Jun 27, 2023

When President Barack Obama first named Jeff Baran to the Nuclear Regulatory Commission in 2014, the Democratic majority in the Senate confirmed the former congressional staffer in a 52-40 vote. When President Donald Trump renominated the Democrat for another five-year term in 2018, the GOP-led Senate approved Baran by a simple voice tally.

But President Joe Biden’s plan to give Baran a third stint on the federal body responsible for the world’s largest fleet of commercial reactors has already hit the rocks, as Republicans move to block a commissioner critics paint as an “obstructionist” with a record of voting for policies nuclear advocates say make it harder to keep existing plants open and more expensive, if not impossible, to deploy advanced next-generation atomic technologies.

Last Friday, the Senate went on break for the next two weeks, all but guaranteeing that Baran’s current term ends on June 30 without a decision on whether he will rejoin the five-member board, creating a vacancy that could cause gridlock on some decisions and mark a return to the partisan feuds of a decade ago…………

The White House and the Democrats who control the Senate hope to reinstate Baran in a vote next month, casting the regulator as a sober-minded professional with an ear to the woes of those living in polluted or impoverished communities. The battle highlights growing tensions over nuclear energy in the United States, the country that built the world’s first full-scale fission power plant nearly seven decades ago but all but ceased expanding atomic energy in the 30 years since the Cold War ended…………………………………………………………….

“His voting record shows he’s been a consistent obstructionist, a defender of a regulatory system that has basically presided over the long-term decline of the nuclear sector in the U.S.,” said Ted Nordhaus, executive director of the Breakthrough Institute, a California-based environmental think tank that advocates for nuclear energy. “There’s a broad view at a pretty bipartisan level that we need nuclear energy. If Democrats are serious about it, they have to stop putting a guy like Jeff Baran at the Nuclear Regulatory Commission.”

The Breakthrough Institute was among five pro-nuclear groups that signed on to a June 12 letter urging the Senate Committee on Environment and Public Works to reject the White House’s nomination of Baran for a third term.

The NRC declined HuffPost’s request to interview Baran…………………………………………………

The Case Against Baran

Baran came to power right as the last attempt at a “nuclear renaissance” fizzled…………………

As governments scrambled to keep operating reactors from going out of business, Baran voted last July to increase the frequency of federal safety inspections on existing nuclear plants, arguing that it would allow for “more focused inspections” that would “provide the staff flexibility to take a deeper dive into different areas of high safety importance” as the reactor fleet ages.

Baran also came out against measures that supporters of new reactor designs say would have helped tailor the regulatory process to the specific needs of novel technologies…………………

Baran issued the NRC’s sole vote against three recent proposals to make it easier to build an SMR at a former coal- or gas-fired plant, to tailor the size of the emergency preparedness zone to the size of the reactor, and to update the environmental permitting requirements for new reactors to account for the dramatic difference in water use between traditional and new designs…………..

While outnumbered by the other four commissioners, Baran’s hard-line view against easing regulations mirrors the Fukushima era in which he came to power, when Democrats Gregory Jaczko and Allison Macfarlane chaired the NRC and delivered on Reid’s efforts to block key nuclear projects. Nordhaus described Baran as a holdover from that period…………………..

The Case For Baran

Baran is not without his defenders among atomic energy advocates.

“It’s not as though he’s anti-nuclear,” said Jackie Toth, the Washington-based deputy director of the Good Energy Collective, a progressive pro-nuclear group headquartered in California. She noted that Baran’s critics often paint him as having the same views as Jaczko and Macfarlane. “To pool them together without looking at the full breadth of his record and what he’s done is unfair.”

“He prioritizes safety and not simply taking industry at its word,” Toth said. “It’s critical to have on the commission someone who understands both the need for increased nuclear capacity on our grid for climate, communities and energy security, but still wants to make sure the industry is putting its best foot forward.”

In particular, she said, Baran has been a crucial supporter of efforts to make it easier for poor and polluted communities — which, thanks to the U.S. history of racist legal and cultural norms, tend to be populated by Black, Latino or Native Americans — to participate in the public regulatory process. While she said she “did not have concerns regarding” the other commissioners’ dedication to environmental justice, Baran’s focus on the issue served to “complement” the other four regulators.

“We feel it’s an asset to have someone like him at the NRC who gets the climate imperative for new reactors but also upholds the agency’s mission to be a trusted regulator that prioritizes public health and safety,” Toth said.

‘Rolling The Dice’

But as Congress presses ahead with legislation to boost nuclear power, Baran’s opponents see him as a potential hurdle to implementing the laws.

In 2018, Congress passed the Nuclear Energy Innovation and Modernization Act, which directed the NRC to establish a novel regulatory framework for new technologies that takes into account the differences between advanced reactors and traditional ones. Baran consistently voted against adjusting the size of a new nuclear plant’s emergency planning zone to align with the size of the reactor, or insisted that the Federal Emergency Management Agency should decide even though the NRC is the regulator with the technical expertise to make the final call.

Over the past two years, Congress earmarked billions of dollars for new reactors in the landmark infrastructure laws Biden signed. And the same Senate committee that narrowly voted along party lines to confirm Baran’s renomination for another term overwhelmingly passed a new bill known as the ADVANCE Act to speed up deployment of new reactor technologies earlier this month………………………..

January 23, 2024 - Posted by Christina Macpherson | politics, safety