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{{#Wiki_filter:1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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UNITED STATES OF AMERICA
 
NUCLEAR REGULATORY COMMISSION
 
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35TH REGULATORY INFORMATION CONFERENCE (RIC)
35TH REGULATORY INFORMATION CONFERENCE (RIC)
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COMMISSIONER CAPUTO PLENARY
COMMISSIONER CAPUTO PLENARY
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WEDNESDAY, MARCH 15, 2023
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                                  + + + + +
 
The   Plenary       Session         convened     at     the Bethesda North Marriott Hotel and Conference Center, located       at   5701   Marinelli         Road,       North   Bethesda, Maryland and via Video Teleconference, at 8:30 a.m.
WEDNESDAY,
EDT, The Honorable Annie Caputo, Commissioner, NRC, presiding.
 
MARCH 15, 2023
 
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The Plenary Session convened at the
 
Bethesda North Marriott Hotel and Conference Center,
 
located at 5701 Marinelli Road, North Bethesda,
 
Maryland and via Video Teleconference, at 8:30 a.m.
 
EDT, The Honorable Annie Caputo, Commissioner, NRC,
 
presiding.
 
PRESENT:
PRESENT:
ANNIE CAPUTO, Commissioner, NRC RAY FURSTENAU, Director, Office Nuclear Regulatory Research, NRC NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1716 14th STREET, N.W., SUITE 200 (202) 234-4433            WASHINGTON, D.C. 20009-4309          www.nealrgross.com


2 P-R-O-C-E-E-D-I-N-G-S 8:30 a.m.
ANNIE CAPUTO, Commissioner, NRC
MR. FURSTENAU:               Welcome     back   to     the second day of our 2023 RIC.                     I hope everybody had a great day yesterday and a nice evening.
 
This morning we have plenary sessions with       remarks   by     Commissioner             Annie   Caputo       and Commissioner         Bradley         Crowell         and   our   Executive Director,       Dan   Dorman.           Then       after   that,     we'll complete the morning with the fireside chat from our NRC Chair, Christopher Hanson, and Director General of the Nuclear Energy Agency, Bill Magwood.
RAY FURSTENAU, Director, Office Nuclear Regulatory
I want to mention for those folks here in person for the Q&As, please use the QR code.
 
It's real easy to use and it gets you right to the question and answer session and those online, when you sign into the session, there'll be a tab for Qs&As.
Research, NRC
With that, it's my honor and pleasure to introduce our first plenary speaker, the Honorable Annie Caputo.         She was sworn in as a Commissioner of the     US   NRC in   August       of     2022     and is   currently serving the remainder of her five-year term ending in June of 2026.           As many of you know, Commissioner Caputo previously served at the NRC from 2018 to NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1716 14th STREET, N.W., SUITE 200 (202) 234-4433           WASHINGTON, D.C. 20009-4309           www.nealrgross.com
 
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1716 14th STREET, N.W., SUITE 200 (202) 234-4433 WASHINGTON, D.C. 20009-4309 www.nealrgross.com 2
 
P-R-O-C-E-E-D-I-N-G-S
 
8:30 a.m.
 
MR. FURSTENAU: Welcome back to the
 
second day of our 2023 RIC. I hope everybody had a
 
great day yesterday and a nice evening.
 
This morning we have plenary sessions
 
with remarks by Commissioner Annie Caputo and
 
Commissioner Bradley Crowell and our Executive
 
Director, Dan Dorman. Then after that, we'll
 
complete the morning with the fireside chat from our
 
NRC Chair, Christopher Hanson, and Director General
 
of the Nuclear Energy Agency, Bill Magwood.
 
I want to mention for those folks here
 
in person for the Q&As, please use the QR code.
 
It's real easy to use and it gets you right to the
 
question and answer session and those online, when
 
you sign into the session, there'll be a tab for
 
Qs&As.
 
With that, it's my honor and pleasure to
 
introduce our first plenary speaker, the Honorable
 
Annie Caputo. She was sworn in as a Commissioner of
 
the US NRC in August of 2022 and is currently
 
serving the remainder of her five-year term ending
 
in June of 2026. As many of you know, Commissioner
 
Caputo previously served at the NRC from 2018 to
 
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1716 14th STREET, N.W., SUITE 200 (202) 234-4433 WASHINGTON, D.C. 20009-4309 www.nealrgross.com 3
 
2021. Most recently, she worked as a consultant for
 
the Idaho National Laboratory related to
 
international collaboration on advanced nuclear
 
reactors. Prior to her work at INL, she served as a
 
professional staff member on the US Senate Arms
 
Services Committee assisting with issues related to
 
the National Nuclear Security Administration's
 
infrastructure. She also served as the senior
 
policy advisor for Chairman John Barrasso on the
 
Senate Environment and Public Works Committee.
 
Commissioner Caputo held the same
 
position for then Chairman James Inhofe from 2007 to
 
2012 and from 2005 to 2006 and 2012 to 2015,
 
Commissioner Caputo worked for the House Committee
 
on energy and commerce, handling nuclear issues.
 
Prior to her positions on Capitol Hill, she worked
 
for Exelon Corporation. She's a graduate from the
 
University of Wisconsin - Madison and she holds a
 
Bachelor's degree in Nuclear Engineering.
 
With that, let's all welcome
 
Commissioner Caputo and I didn't take your notes.


3 2021.        Most recently, she worked as a consultant for the        Idaho    National          Laboratory            related          to international          collaboration              on    advanced      nuclear reactors.        Prior to her work at INL, she served as a professional        staff      member      on    the    US  Senate      Arms Services Committee assisting with issues related to the        National    Nuclear        Security          Administration's infrastructure.            She      also      served        as  the    senior policy advisor for Chairman John Barrasso on the Senate Environment and Public Works Committee.
Commissioner            Caputo          held    the      same position for then Chairman James Inhofe from 2007 to 2012      and  from    2005      to    2006      and    2012    to    2015, Commissioner Caputo worked for the House Committee on    energy    and  commerce,        handling          nuclear    issues.
Prior to her positions on Capitol Hill, she worked for Exelon Corporation.                  She's a graduate from the University of Wisconsin - Madison and she holds a Bachelor's degree in Nuclear Engineering.
With        that,          let's          all      welcome Commissioner Caputo and I didn't take your notes.
(Laughter.)
(Laughter.)
COMMISSIONER CAPUTO:                    Thank you, Ray, for that introduction.                Go Badgers.            Let's just you know get        started.        Thank you and good morning to NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1716 14th STREET, N.W., SUITE 200 (202) 234-4433            WASHINGTON, D.C. 20009-4309              www.nealrgross.com


4 everyone here.           It's wonderful to be live and in person.         Welcome to day two of the RIC.
COMMISSIONER CAPUTO: Thank you, Ray,
I want to take a moment to recognize and thank all of the countless NRC staff who have made this event possible and are working very hard to make it a success.           Thank you for being here and for all that you do.
 
for that introduction. Go Badgers. Let's just you
 
know get started. Thank you and good morning to
 
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1716 14th STREET, N.W., SUITE 200 (202) 234-4433 WASHINGTON, D.C. 20009-4309 www.nealrgross.com 4
 
everyone here. It's wonderful to be live and in
 
person. Welcome to day two of the RIC.
 
I want to take a moment to recognize and
 
thank all of the countless NRC staff who have made
 
this event possible and are working very hard to
 
make it a success. Thank you for being here and for
 
all that you do.
 
I also want to welcome so many people.
I also want to welcome so many people.
This event is so well attended with international colleagues, academia, federal and local governments, non-governmental           organizations,               members     of       the public         and everyone       both     online       and in   person.
 
This event is so well attended with international
 
colleagues, academia, federal and local governments,
 
non-governmental organizations, members of the
 
public and everyone both online and in person.
 
Thank you for joining us.
Thank you for joining us.
I also want to make a specific welcome to NEA Director Bill Magwood for joining us and for former        Chairman  Dick      Mes-erve        and    Stephen    Burns, former        Commissioners        Apostolakis          and  Ostendorff.
You've all been mentors to me for a very long time and I appreciate all of the wisdom you've shared over the years.
Like my fellow commissioners, I want to give one more thank you.                I am blessed with a staff of highly talented, high performers, who I would just be lost without them.                        A special thanks to Nicole, Heather, Eric, Marilyn, Bob and Julie, you NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1716 14th STREET, N.W., SUITE 200 (202) 234-4433            WASHINGTON, D.C. 20009-4309          www.nealrgross.com


5 rock!
I also want to make a specific welcome
The     theme       of       this       year's   RIC       is Navigating the Nuclear Future and who better to talk about       the future     than     Daniel       Yergin,     the   famous author and energy expert.                   In his recent book, The New Map: Energy, Climate, and the Clash of Nations, Yergin lays out the case for how climate change policy is changing our future through the reshaping of geopolitics, global economics and global energy supply.         He describes how different kinds of power are in play.           "One is the power of nations that is shaped         by   economics,         military         capabilities         and geography;         by     grand       strategy           and   calculated ambition,         by   suspicion         and       fear;     and   by     the contingent         and   unexpected."               This   statement         is particularly         prescient       given       that     the   book       was published shortly before Russia's malicious invasion of     Ukraine.           I   want     to     associate       myself     with remarks made by Director General Grossi and Chairman Hanson         on   this     situation           yesterday.         To       our Ukrainian         colleagues,         you       have     my   heartfelt admiration for your continued dedication given the challenge of ensuring nuclear safety in a war zone.
 
Dan Yergin also refers to other kinds of power, more specifically, "the power that comes from NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1716 14th STREET, N.W., SUITE 200 (202) 234-4433             WASHINGTON, D.C. 20009-4309           www.nealrgross.com
to NEA Director Bill Magwood for joining us and for
 
former Chairman Dick Mes-erve and Stephen Burns,
 
former Commissioners Apostolakis and Ostendorff.
 
You've all been mentors to me for a very long time
 
and I appreciate all of the wisdom you've shared
 
over the years.
 
Like my fellow commissioners, I want to
 
give one more thank you. I am blessed with a staff
 
of highly talented, high performers, who I would
 
just be lost without them. A special thanks to
 
Nicole, Heather, Eric, Marilyn, Bob and Julie, you
 
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1716 14th STREET, N.W., SUITE 200 (202) 234-4433 WASHINGTON, D.C. 20009-4309 www.nealrgross.com 5
 
rock!
 
The theme of this year's RIC is
 
Navigating the Nuclear Future and who better to talk
 
about the future than Daniel Yergin, the famous
 
author and energy expert. In his recent book, The
 
New Map: Energy, Climate, and the Clash of Nations,
 
Yergin lays out the case for how climate change
 
policy is changing our future through the reshaping
 
of geopolitics, global economics and global energy
 
supply. He describes how different kinds of power
 
are in play. "One is the power of nations that is
 
shaped by economics, military capabilities and
 
geography; by grand strategy and calculated
 
ambition, by suspicion and fear; and by the
 
contingent and unexpected." This statement is
 
particularly prescient given that the book was
 
published shortly before Russia's malicious invasion
 
of Ukraine. I want to associate myself with
 
remarks made by Director General Grossi and Chairman
 
Hanson on this situation yesterday. To our
 
Ukrainian colleagues, you have my heartfelt
 
admiration for your continued dedication given the
 
challenge of ensuring nuclear safety in a war zone.
 
Dan Yergin also refers to other kinds of
 
power, more specifically, "the power that comes from
 
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1716 14th STREET, N.W., SUITE 200 (202) 234-4433 WASHINGTON, D.C. 20009-4309 www.nealrgross.com 6
 
oil and gas and coal, from wind and solar and from
 
splitting atoms, and the power that comes from
 
policies that seek to re-order the world's energy
 
system and move toward net zero carbon in the name
 
of climate." Here in the US, we are seeing the
 
challenges of this net zero transition.
 
The PJM Interconnection, one of the
 
nation's largest grid operators, is growing
 
concerned about resource adequacy. PJM estimates
 
the retirement of 40,000 megawatts of electricity
 
generation, 21 percent of its total generation by
 
2030. Over half of the projected retirements are
 
considered policy driven. In contrast, PJM
 
estimates 15 to 30,000 of renewables and battery
 
storage may be added to the grid by 2030. All of
 
this comes at a time when policies are driving the
 
increase electrification of buildings,
 
transportation and industry. Calvin Butler, the new
 
CEO of Exelon, recently indicated that the
 
electrification of buildings in Baltimore would
 
double the electrical load. Consider for a moment
 
the impact of all of these policy dynamics across
 
the country.
 
Economic growth and growth in
 
electricity demand have historically been
 
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1716 14th STREET, N.W., SUITE 200 (202) 234-4433 WASHINGTON, D.C. 20009-4309 www.nealrgross.com 7
 
correlated. This correlation will become more
 
intense with increased electrification. This means
 
that economic wellbeing and efforts to eliminate
 
energy poverty around the world will be ever more
 
reliant on adequate supplies of clean, affordable
 
and reliable electricity. Hence, there is a growing
 
expectation that any success in mitigating climate
 
change and meeting future energy needs here and
 
around the world must include robust deployment of
 
safe and clean nuclear energy. While the completion
 
of Vogtle Units 3 and 4 will be a very significant
 
accomplishment, those units represent one small step
 
toward a net zero objective.
 
Here in the US, we at the NRC are
 
gatekeepers to that future. The primacy of our
 
mission to protect publish health and safety and
 
security and the environment is indisputable, but if
 
the global vision of success includes a robust
 
nuclear deployment, what does success look like for
 
us as a regulator? The posture with which we
 
approach our mission will have a distinct impact on
 
how nuclear energy will make a growing contribution
 
to our energy needs and that bears repeating. The
 
posture with which we approach our mission will have
 
a distinct impact on whether nuclear energy will
 
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1716 14th STREET, N.W., SUITE 200 (202) 234-4433 WASHINGTON, D.C. 20009-4309 www.nealrgross.com 8
 
make a growing contribution.
 
Years ago, we at the NRC embarked on a
 
transformation effort. The executive director set
 
our objective to be a modern, risk-informed
 
regulator. Similarly, the Office of Nuclear Reactor
 
Regulation embraced the motto, we make the safe use
 
of nuclear technology possible. What this
 
transformation effort and NRR's motto rightly
 
suggest is that as a regulator, our posture should
 
be finding solutions rather than raising obstacles.
 
For us to become successful as an
 
agency, I believe we need to become that moderate
 
risk-informed regulator who makes the safe use of
 
nuclear energy possible. I'm going to share with
 
you today what I think our success would look like
 
and there's no better time than the present to make
 
it happen. There's also no better time than the
 
present to innovate.
 
Once upon a time, space was the sole
 
domain of governments, now NASA astronauts ride to
 
the International Space Station on commercial
 
vehicles. Advances in artificial intelligence now
 
raise the question did I write this speech or did
 
ChatGPT? Innovation in nuclear technology is well
 
underway in both fission and fusion and we at the
 
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1716 14th STREET, N.W., SUITE 200 (202) 234-4433 WASHINGTON, D.C. 20009-4309 www.nealrgross.com 9
 
NRC consistently say we will be ready to review
 
applications we receive and we are, using our
 
established regulations, procedures, practices and
 
precedents. But by its very nature, innovation must
 
depart from precedent so the question is can we


6 oil and gas and coal, from wind and solar and from splitting          atoms,    and    the    power        that  comes      from policies that seek to re-order the world's energy system and move toward net zero carbon in the name of climate."            Here in the US, we are seeing the challenges of this net zero transition.
innovate how we regulate? Congress has directed us
The  PJM      Interconnection,            one    of      the nation's          largest      grid        operators,          is    growing concerned about resource adequacy.                            PJM estimates the retirement of 40,000 megawatts of electricity generation, 21 percent of its total generation by 2030.          Over half of the projected retirements are considered          policy      driven.              In    contrast,        PJM estimates 15 to 30,000 of renewables and battery storage may be added to the grid by 2030.                              All of this comes at a time when policies are driving the increase              electrification                  of        buildings, transportation and industry.                    Calvin Butler, the new CEO        of    Exelon,      recently          indicated        that        the electrification          of    buildings          in    Baltimore      would double the electrical load.                      Consider for a moment the impact of all of these policy dynamics across the country.
Economic          growth          and      growth          in electricity            demand          have          historically            been NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1716 14th STREET, N.W., SUITE 200 (202) 234-4433            WASHINGTON, D.C. 20009-4309            www.nealrgross.com


7 correlated.            This      correlation            will    become      more intense with increased electrification.                            This means that      economic    wellbeing        and      efforts      to   eliminate energy poverty around the world will be ever more reliant on adequate supplies of clean, affordable and reliable electricity.                  Hence, there is a growing expectation that any success in mitigating climate change        and  meeting      future      energy      needs    here      and around the world must include robust deployment of safe and clean nuclear energy.                      While the completion of Vogtle Units 3 and 4 will be a very significant accomplishment, those units represent one small step toward a net zero objective.
to develop a technology neutral, risk-informed,
Here    in      the    US,      we    at  the  NRC      are gatekeepers to that future.                          The primacy of our mission to protect publish health and safety and security and the environment is indisputable, but if the      global      vision      of    success        includes      a   robust nuclear deployment, what does success look like for us    as    a  regulator?          The    posture        with  which        we approach our mission will have a distinct impact on how nuclear energy will make a growing contribution to our energy needs and that bears repeating.                                  The posture with which we approach our mission will have a distinct impact on whether nuclear energy will NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1716 14th STREET, N.W., SUITE 200 (202) 234-4433            WASHINGTON, D.C. 20009-4309            www.nealrgross.com


8 make a growing contribution.
performance based framework for advanced reactors.
Years ago, we at the NRC embarked on a transformation effort.              The executive director set our        objective    to      be    a      modern,    risk-informed regulator.      Similarly, the Office of Nuclear Reactor Regulation embraced the motto, we make the safe use of      nuclear    technology          possible.          What      this transformation        effort        and      NRR's    motto    rightly suggest is that as a regulator, our posture should be finding solutions rather than raising obstacles.
For  us      to    become        successful    as      an agency, I believe we need to become that moderate risk-informed regulator who makes the safe use of nuclear energy possible.                  I'm going to share with you today what I think our success would look like and there's no better time than the present to make it happen.        There's also no better time than the present to innovate.
Once upon a time, space was the sole domain of governments, now NASA astronauts ride to the      International        Space      Station      on  commercial vehicles.        Advances in artificial intelligence now raise the question did I write this speech or did ChatGPT?        Innovation in nuclear technology is well underway in both fission and fusion and we at the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1716 14th STREET, N.W., SUITE 200 (202) 234-4433          WASHINGTON, D.C. 20009-4309        www.nealrgross.com


9 NRC consistently say we will be ready to review applications        we    receive        and      we    are,  using        our established regulations, procedures, practices and precedents.        But by its very nature, innovation must depart from precedent so the question is can we innovate how we regulate?                  Congress has directed us to      develop    a  technology          neutral,        risk-informed, performance based framework for advanced reactors.
Can we innovate where and when it counts?
Can we innovate where and when it counts?
This    nuclear        regulatory        framework        for advanced        reactors,      Part      53,      is    now  before        the Commission.        Significant work remains to develop the framework Congress envisioned.                      A framework that is truly risk-informed reflecting the inherent safety found in advanced designs and one that is efficient, enabling timely reviews to allow safe nuclear energy deployment on a scale warranted by our national and global energy needs.
I am rolling up my sleeves to work with my colleagues and shape a simpler, risk-informed, innovative        rule  that      will    be    the    foundation        for predictable        and  timely      safety        reviews    merited        by these          advanced    designs.                This    will    require considerable work on the part of the Commission, our staff,        but  it    is    important          that    we  focus        our NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1716 14th STREET, N.W., SUITE 200 (202) 234-4433            WASHINGTON, D.C. 20009-4309            www.nealrgross.com


10 collective efforts to meet Congress' intent with a sense of urgency.           The challenge is how efficiently can     we   enable   these       advanced         technologies     while preserving safety.
This nuclear regulatory framework for
There is also no better time than the present       for   data     driven,       risk-informed       decision making.       Our clarity principle of regulations states that       regulations     should       be     coherent,   logical       and practical and that agency position should be readily understood and applied.               To me, data driven decision making         is   foundational           to       these   principles.
 
Processes and outcomes should be objective, reliable and reproducible.           They should also be transparent.
advanced reactors, Part 53, is now before the
External stakeholders should be able to review our work and understand how we reached our conclusion.
 
What   do     we     mean       by risk-informed?
Commission. Significant work remains to develop the
Fundamentally, it means regulatory activities should be consistent with a degree of risk reduction they achieve, once again, as stated in our principles of good regulation.         Many of today's operating reactors were licensed in the '60s and '70s, at a time when technology was young and operating experience was limited.         Toleration of risk and uncertainty was unavoidable         in   the     early     development     of   nuclear energy.         Now, just in the US, we have nearly 4,000 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1716 14th STREET, N.W., SUITE 200 (202) 234-4433           WASHINGTON, D.C. 20009-4309         www.nealrgross.com
 
framework Congress envisioned. A framework that is
 
truly risk-informed reflecting the inherent safety
 
found in advanced designs and one that is efficient,
 
enabling timely reviews to allow safe nuclear energy
 
deployment on a scale warranted by our national and
 
global energy needs.
 
I am rolling up my sleeves to work with
 
my colleagues and shape a simpler, risk-informed,
 
innovative rule that will be the foundation for
 
predictable and timely safety reviews merited by
 
these advanced designs. This will require
 
considerable work on the part of the Commission, our
 
staff, but it is important that we focus our
 
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1716 14th STREET, N.W., SUITE 200 (202) 234-4433 WASHINGTON, D.C. 20009-4309 www.nealrgross.com 10
 
collective efforts to meet Congress' intent with a
 
sense of urgency. The challenge is how efficiently
 
can we enable these advanced technologies while
 
preserving safety.
 
There is also no better time than the
 
present for data driven, risk-informed decision
 
making. Our clarity principle of regulations states
 
that regulations should be coherent, logical and
 
practical and that agency position should be readily
 
understood and applied. To me, data driven decision
 
making is foundational to these principles.
 
Processes and outcomes should be objective, reliable
 
and reproducible. They should also be transparent.
 
External stakeholders should be able to review our
 
work and understand how we reached our conclusion.
 
What do we mean by risk-informed?
 
Fundamentally, it means regulatory activities should
 
be consistent with a degree of risk reduction they
 
achieve, once again, as stated in our principles of
 
good regulation. Many of today's operating reactors
 
were licensed in the '60s and '70s, at a time when
 
technology was young and operating experience was
 
limited. Toleration of risk and uncertainty was
 
unavoidable in the early development of nuclear
 
energy. Now, just in the US, we have nearly 4,000
 
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years, reactor years of operating experience. A
 
couple of years ago the Nuclear Energy Institute
 
produced a report detailing how the industry had
 
dramatically improved its safety over the past 20
 
years according to each and every NRC and in-post
 
safety performance indicator. With that experience
 
and safety improvement comes a highly refined
 
understanding of the technology and a wealth of risk
 
information. Have we put this wealth of information
 
and experience to good use to refine our
 
understanding of what is necessary for adequate
 
protection or as a regulator, do we instead seek
 
further precision? The desire for further precision
 
can lend itself to an insatiable appetite for
 
information and an ever shrinking tolerance of risk
 
and uncertainty.
 
With the combination of state of the art
 
probabilistic risk assessment and the computer
 
modeling and simulation tools available today, we
 
can debate the likelihood of an event happening once
 
in 10 billion years, billion with a B. How do we
 
balance the constant desire to know more with the
 
threshold of knowing enough? Is our ability to
 
model risk that small driving the pursuit of
 
absolute safety rather than adequate safety? Is it
 
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hindering our ability to accept some level of risk
 
and reach decisions? In the case of digital
 
instrumentation and control, the answer is clearly
 
yes. Thirty years ago, nuclear submarines went to
 
sea and commercial aircraft took off with digital
 
instrumentation and control. Yet, we still wrestle
 
with the issue.
 
We have processes in place that can
 
guide us to the extent that we follow them. Our
 
backfit rule is decision-making process that begins
 
with risk information before imposing a backfit and
 
requiring revisions, revising our requirements for
 
existing licensees, the agency must first determine
 
through a systematic analysis whether that change
 
will be a substantial increase in public safety and
 
that the change is cost justified. In this way,
 
risk information forms the basis for determining
 
whether the safety or security increase is, in fact,
 
beneficial.
 
Similarly, the regulatory analysis that
 
underpins our rule making proposals must also use
 
risk information to determine that each element of
 
the proposal is safety beneficial on its own.
 
Regulatory analysis shouldn't be an afterthought,
 
it should be a tool that helps us discern between
 
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1716 14th STREET, N.W., SUITE 200 (202) 234-4433 WASHINGTON, D.C. 20009-4309 www.nealrgross.com 13
 
proposals that merely sound good and those that are,
 
in fact, safety beneficial and cost effective. Our
 
ability to use effective risk information in these
 
processes rests on our commitment to data driven
 
decision making. We need to gather and utilize the
 
right data to make risk-informed decisions, but it's
 
not enough to simply gather the data, we need to use
 
it objectively. As our principles state: final
 
decisions must be based on objective, unbiased
 
assessments of all information.
 
If we become successful in making data
 
driven, risk-informed decisions, what would that
 
look like? If our regulatory activities were truly
 
consistent with the risk reduction they achieve,
 
what outcomes would we expect to see? For operating
 
reactors, I expect we would see a focus on
 
inspections and licensing reviews that are focused
 
on safety significance. That we would be using
 
risk-informed decision tools, like the risk-informed
 
process for evaluation and the Very Low Safety
 
Significance Resolution process to resolve things
 
that aren't safety significant. That we would
 
constantly, consistently adhere to the backfit rule.
 
We would produce complete, high quality regulatory
 
analyses. That we would be enabling widespread
 
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implementation of digital instrumentation & control
 
and that we would be executing predictable,
 
efficient 50.69 reviews to risk inform the
 
categorization and treatment of structures, systems,
 
and components.
 
With regard to advanced reactors, we
 
mustnt let the pursuit of absolute safety paralyze
 
our ability to reach decisions. Rather, we should
 
continue to pursue our statutory mandate of adequate
 
protection. It is difficult to justify regulating
 
safety to a level below that of an asteroid
 
destroying global civilization, a risk of 1 in 2.3
 
million years. We must innovate how we regulate
 
safety and find ways to risk inform our approaches,
 
recognize inherent safety features and exhibit
 
results driven leadership.
 
There is also no better time than the
 
present to improve our financial stewardship. Our
 
principles of good regulation state that the
 
American taxpayer, the rate paying consumer, and
 
licensees are all entitled to the best possible
 
management and administration of our regulatory
 
activities. My longstanding view is that the
 
agency needs to improve its financial management and
 
stewardship of its resources.
 
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The budget is the largest policy
 
instrument for the agency. It sets forth priorities
 
and it allocates resources. It should align with
 
our strategic plan. It should be performance based
 
and it should accurately depict our mission needs.
 
I'm not going to tell you anything that isn't
 
publicly available, but at the end of fiscal year
 
'22, the agency had a carryover of 92 million
 
dollars. This means the agency collected roughly 58
 
million dollars from licensees and 34 million
 
dollars from taxpayers that it did not need to
 
fulfill its mission last year. This, and a 906
 
million dollar budget, resulted in an excess of 10
 
percent due to inaccurate budget projections, yet
 
instead of adjusting the budget request down to
 
account for it, the 2024 budget request was
 
increased up to over a billion dollars.
 
The difference between what the agency
 
actually needed in '22 and the 2024 budget request
 
is 192 million dollars. This is difficult to square
 
with a drop in our workload. All the inspections
 
and licensing reviews are billed by the hour to our
 
licensees and applicants. This work is down 46
 
percent from 2016. In 2023, this work will require
 
roughly 419 FTE out of our 2,777 employees. That
 
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accounts for roughly 15 percent of our personnel and
 
only 21 percent of our budget. You can nearly
 
double this year's workload and still fit within
 
that 2024 budget request.
 
The agency will spend 46 percent more on
 
corporate support activities than on inspection and
 
licensing work. Compared to the 419 FTE doing
 
licensing and inspection, 579 will be doing
 
corporate support functions. We need to get back to
 
basics with a focus on actual expenditures to inform
 
budget development with a measure of detail
 
commensurate enough to make truly informed
 
decisions, but in my time on the Commission, we have
 
yet to effect these changes. We need to take a hard


11 years, reactor years of operating experience.                                    A couple of years ago the Nuclear Energy Institute produced a report detailing how the industry had dramatically improved its safety over the past 20 years according to each and every NRC and in-post safety performance indicator.                    With that experience and      safety  improvement          comes        a    highly    refined understanding of the technology and a wealth of risk information.        Have we put this wealth of information and        experience    to      good        use      to  refine        our understanding        of  what      is    necessary         for  adequate protection or as a regulator, do we instead seek further precision?          The desire for further precision can      lend  itself    to      an    insatiable          appetite        for information and an ever shrinking tolerance of risk and uncertainty.
look at necessary activities and services that
With the combination of state of the art probabilistic        risk      assessment          and    the  computer modeling and simulation tools available today, we can debate the likelihood of an event happening once in 10 billion years, billion with a B.                          How do we balance the constant desire to know more with the threshold of knowing enough?                        Is our ability to model        risk  that     small      driving          the  pursuit        of absolute safety rather than adequate safety?                            Is it NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1716 14th STREET, N.W., SUITE 200 (202) 234-4433          WASHINGTON, D.C. 20009-4309            www.nealrgross.com


12 hindering our ability to accept some level of risk and      reach  decisions?            In      the     case    of   digital instrumentation and control, the answer is clearly yes.        Thirty years ago, nuclear submarines went to sea and commercial aircraft took off with digital instrumentation and control. Yet, we still wrestle with the issue.
support the core mission of the agency and use data
We  have      processes          in    place    that      can guide us to the extent that we follow them.                                  Our backfit rule is decision-making process that begins with risk information before imposing a backfit and requiring revisions, revising our requirements for existing licensees, the agency must first determine through a systematic analysis whether that change will be a substantial increase in public safety and that the change is cost justified.                          In this way, risk      information    forms      the      basis      for  determining whether the safety or security increase is, in fact, beneficial.
Similarly, the regulatory analysis that underpins our rule making proposals must also use risk information to determine that each element of the      proposal    is    safety        beneficial        on    its      own.
Regulatory analysis shouldn't be an afterthought, it should be a tool that helps us                        discern between NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1716 14th STREET, N.W., SUITE 200 (202) 234-4433          WASHINGTON, D.C. 20009-4309            www.nealrgross.com


13 proposals that merely sound good and those that are, in fact, safety beneficial and cost effective.                                Our ability to use effective risk information in these processes rests on our commitment to data driven decision making.          We need to gather and utilize the right data to make risk-informed decisions, but it's not enough to simply gather the data, we need to use it objectively.            As our principles state: final decisions        must    be    based      on    objective,        unbiased assessments of all information.
driven decision making to reach effective outcomes.
If we become successful in making data driven,        risk-informed        decisions,            what  would      that look like?        If our regulatory activities were truly consistent        with  the      risk    reduction        they    achieve, what outcomes would we expect to see?                        For operating reactors,        I    expect      we    would        see    a  focus        on inspections and licensing reviews that are focused on safety significance.                    That we would be using risk-informed decision tools, like the risk-informed process        for  evaluation        and      the    Very    Low    Safety Significance Resolution process to resolve things that      aren't    safety      significant.              That    we    would constantly, consistently adhere to the backfit rule.
We would produce complete, high quality regulatory analyses.          That    we    would      be    enabling      widespread NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1716 14th STREET, N.W., SUITE 200 (202) 234-4433            WASHINGTON, D.C. 20009-4309            www.nealrgross.com


14 implementation of digital instrumentation & control and        that    we  would        be      executing        predictable, efficient          50.69      reviews        to      risk      inform        the categorization and treatment of structures, systems, and components.
So far, the agency's transformation efforts have
With    regard      to    advanced        reactors,        we mustnt let the pursuit of absolute safety paralyze our ability to reach decisions.                          Rather, we should continue to pursue our statutory mandate of adequate protection.          It is difficult to justify regulating safety        to  a  level        below      that      of  an  asteroid destroying global civilization, a risk of 1 in 2.3 million years.              We must innovate how we regulate safety and find ways to risk inform our approaches, recognize          inherent        safety        features        and    exhibit results driven leadership.
There is also no better time than the present to improve our financial stewardship.                                  Our principles          of  good      regulation          state    that      the American        taxpayer,      the    rate      paying      consumer,        and licensees        are  all    entitled          to    the    best  possible management          and    administration              of    our    regulatory activities.            My    longstanding            view    is  that      the agency needs to improve its financial management and stewardship of its resources.
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15 The    budget        is      the      largest      policy instrument for the agency.                  It sets forth priorities and it allocates resources.                      It should align with our strategic plan.              It should be performance based and it should accurately depict our mission needs.
seemed to achieve the opposite of what was expected.
I'm      not    going  to     tell    you      anything      that      isn't publicly available, but at the end of fiscal year
'22,      the    agency  had      a  carryover          of  92    million dollars.        This means the agency collected roughly 58 million        dollars    from      licensees          and  34    million dollars        from  taxpayers        that      it    did    not    need      to fulfill its mission last year.                          This, and a 906 million dollar budget, resulted in an excess of 10 percent due to inaccurate budget projections, yet instead        of  adjusting      the    budget        request    down      to account        for  it,    the      2024      budget      request        was increased up to over a billion dollars.
The difference between what the agency actually needed in '22 and the 2024 budget request is 192 million dollars.              This is difficult to square with a drop in our workload.                        All the inspections and licensing reviews are billed by the hour to our licensees and applicants.                      This work is down 46 percent from 2016.            In 2023, this work will require roughly 419 FTE out of our 2,777 employees.                                  That NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1716 14th STREET, N.W., SUITE 200 (202) 234-4433            WASHINGTON, D.C. 20009-4309            www.nealrgross.com


16 accounts for roughly 15 percent of our personnel and only      21  percent    of    our    budget.            You  can    nearly double this year's workload and still fit within that 2024 budget request.
The agency will spend 46 percent more on corporate support activities than on inspection and licensing        work.        Compared        to    the    419  FTE    doing licensing          and    inspection,            579      will  be      doing corporate support functions.                      We need to get back to basics with a focus on actual expenditures to inform budget        development          with      a    measure      of    detail commensurate            enough        to      make        truly    informed decisions, but in my time on the Commission, we have yet to effect these changes.                      We need to take a hard look      at    necessary        activities          and    services      that support the core mission of the agency and use data driven decision making to reach effective outcomes.
So    far,    the  agency's        transformation            efforts      have seemed to achieve the opposite of what was expected.
We are spending more to do less work.
We are spending more to do less work.
In short, our workload has shrunk.                          We are collecting significantly more revenue than we need and our budget is growing.                        This is not what I consider good stewardship.                    There is no better time than the present to get our fiscal house in order.
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17 There's     one     last       subject   I'd   like       to address         today and     that     is     the     challenges     facing women in the workplace.                   There is no better time than the present to empower women.                         As you're all aware, March is Women's History Month.                         This year, for me personally, it's different.                           I'd like to share with you some personal experiences as a woman in the nuclear field to illustrate why that is.
In short, our workload has shrunk. We
These     experiences           have   caused     me     to reflect on inclusion in the workplace, particularly because some of my observations may feel strikingly similar to other folks in the nuclear field.                               Some of what I will say today I have shared with NRC staff in a couple of venues.                     I particularly want to recognize Region Two since they shared my first step on this journey.
 
When I graduated and started working in the nuclear field, I often felt like I was treated as a young girl fresh out of college who doesn't know anything.         I shrugged it off because they had a point.         I was fresh out of school and I had a lot to learn, but I figured it wouldn't always be the case as I gained experience and knowledge.                         So, I plowed forward with my career goals, choosing to ignore that       treatment   and     not   let       it   stand in   my     way.
are collecting significantly more revenue than we
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need and our budget is growing. This is not what I
 
consider good stewardship. There is no better time
 
than the present to get our fiscal house in order.
 
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There's one last subject I'd like to
 
address today and that is the challenges facing
 
women in the workplace. There is no better time
 
than the present to empower women. As you're all
 
aware, March is Women's History Month. This year,
 
for me personally, it's different. I'd like to
 
share with you some personal experiences as a woman
 
in the nuclear field to illustrate why that is.
 
These experiences have caused me to
 
reflect on inclusion in the workplace, particularly
 
because some of my observations may feel strikingly
 
similar to other folks in the nuclear field. Some
 
of what I will say today I have shared with NRC
 
staff in a couple of venues. I particularly want to
 
recognize Region Two since they shared my first step
 
on this journey.
 
When I graduated and started working in
 
the nuclear field, I often felt like I was treated
 
as a young girl fresh out of college who doesn't
 
know anything. I shrugged it off because they had a
 
point. I was fresh out of school and I had a lot to
 
learn, but I figured it wouldn't always be the case
 
as I gained experience and knowledge. So, I plowed
 
forward with my career goals, choosing to ignore
 
that treatment and not let it stand in my way.
 
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Besides, the work environment was getting better for
 
women all the time, so this dynamic would wane over
 
time, right? Shortly after I was confirmed for my
 
second term, I found myself getting, for lack of a
 
better term, nukesplained. Someone with
 
significantly less technical and policy experience
 
talked to me as if I was clueless about an issue I
 
had monitored and studied for years. It was
 
frustrating and it was demeaning, but I let it go
 
and redirected the conversation to a different
 
topic.
 
Later that night, I reflected on the
 
experience. I was frustrated and I thought if this
 
is still happening to me at this stage in my career,
 
how many other women are also struggling. Not long
 
after this experience, I ran into Rumina Velshi, who
 
is an absolute inspiration, particularly on these
 
issues, but on so many others in our field. I
 
couldn't wait to share my story. She listened,
 
commiserated and then asked, so what did you do
 
about it? I was struck, wow, what a wakeup call.
 
What had I done about it? Nothing. The same
 
approach I had taken for my entire career. I
 
ignored it and plowed forward. I tolerated it.
 
What I now recognize is it's incumbent
 
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upon me at this point in my career to wrestle with
 
these issues and do what I can to impart change for
 
the better. Women have faced these issues as long
 
as they have been in the workplace and currently
 
things are a lot better than they were years ago and
 
certainly better than what our mothers faced, but
 
there's a saying, it's not enough to climb up the
 
mountain, you should reach behind and give someone
 
else a hand up.
 
Director General Grossi and Secretary
 
Granholm have both focused on the need to recruit
 
and retain women in nuclear and that's important. I
 
think the recent reports from the Nuclear Energy
 
Agency, Gender Balance in the Nuclear Sector, is an
 
important effort to gather data on the challenges
 
women face.
 
I think Director General Magwood has
 
really been a role model in trying to bring
 
attention to this issue and encourage women to
 
pursue careers in nuclear, but I think he goes
 
beyond that. This is where I'm going to insert a
 
strong caveat, I think my struggles have been a
 
fraction of what some women have faced, so what I'm
 
about to say is in no way intended to trivialize the
 
women out there who faced much tougher situations
 
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than I have, but these dynamics twice in my career
 
have influenced my decision to actually leave a
 
position. Once as my sole reason and the other as a
 
strong contributing factor. The fact that women
 
struggle in the work environment and they can choose
 
to leave as a result of that should be a reason for
 
all of us to focus on making our workplace more
 
inclusive. Among the strongest drivers of job
 
satisfaction were for people to feel appreciated and
 
I believe the extent to which people feel
 
appreciated is strongly influenced by how inclusive
 
we are.
 
I'm going to share two stories that
 
illustrate this. A recent one where I played a role
 
and one that happened to me many, many years ago. A
 
few months ago, I was in a meeting with about 15
 
people, three of them women. We had a PowerPoint
 
presentation over lunch and we were engaged in a
 
discussion. A woman across the table from me
 
started to speak up. She was interrupted. I
 
noticed it. I looked at her, she looked at me
 
expressionless. She waited a few moments for
 
another opportunity to jump into the conversation.
 
She tried to jump in and was cut off again. She
 
gave me a little knowing smile and I gave her a
 
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little knowing smile back.
 
I thought to myself okay, fine, I'll
 
barge into this conversation. I'm going to
 
interject and give her an opening. She deserves to
 
be heard and I want to hear what she has to say.
 
So, I tried to speak up and I was cut off. I gave
 
her a surprised look. She gave me a surprised look.
 
So, I waited a minute and I jumped in a little more
 
forcefully and I asked for her input. She had a
 
wonderful, insightful contribution to the
 
discussion. What stuck with me though was the level
 
of effort it took to elicit that contribution.
 
Women face these situations every day
 
and every situation is fraught with a judgment call.
 
Should I speak up? If a woman asserts herself, she
 
risks being labeled as bossy or aggressive or does
 
she choose to play it safe, withdraw and sit
 
quietly. It's so easy to focus on the substance of
 
the meeting and get lost in our own thoughts and
 
miss a moment like that one. In many cases it isn't
 
intentional and others in the room would be
 
mortified if they realized what that outcome was.
 
These moments can be subtle and fleeting, but when
 
we miss them, there is an equally subtle message
 
that her voice isn't worth hearing. This is a very
 
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subtle and crucial aspect of inclusion. How hard is
 
it for anyone, not just women, to contribute and be
 
heard?
 
Now I'm going to dive way back in my
 
past to a time when I was a volunteer firefighter
 
and emergency medical technician. Obviously, this
 
is a work environment where physical strength
 
matters and as a young woman, I was fairly self-
 
conscious about my physical strength and I wasn't
 
alone. One of the other women on the department and
 
I committed that we were going to lift weights
 
together at the station and build our strength.
 
One evening when we were working out,
 
one of the fellow firefighters came over to us with
 
an air of contempt. It was palpable instantly. He
 
stated in no uncertain terms he would never go into
 
a burning building with either one of us because if
 
something went wrong, neither of us would be able to
 
carry him out. In his opinion, we shouldn't even be
 
on the department. It was like a shot to solar
 
plexus. I couldn't breathe. I felt devastated.
 
Not 10 seconds later, our lieutenant in
 
charge of fire training, Scott, came around the
 
corner having heard everything. He looked us each
 
in the eye and told us to forget everything we had
 
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just heard. He told us that he would go into a
 
burning building with either one of us because he
 
trusted our judgment and our dedication. He knew
 
that most importantly, we would maintain situational
 
awareness and keep our partners and ourselves out of
 
dangerous situation and if the worst should happen
 
and our partner went down, he knew that no matter
 
what we would stop at nothing to get them out. It
 
wouldn't be a glamorous fireman's carry like in the
 
movies, but dragging a person out accomplishes the
 
same objective of getting them to safety and that is
 
what matters.
 
He was glad to see us in the weight room
 
and encouraged us to stick with it. He stressed
 
that everyone in the department has important
 
contributions to make. The strongest men aren't
 
necessarily the best in the back of an ambulance
 
with an injured child and a terrified parent. What
 
made us an important part of the team is that we
 
were all intent on finding ways to serve and help
 
those who needed us. That mindset together with our
 
judgment and dedication was why he wouldn't hesitate
 
to go inside a fire with either one of us.
 
I felt so valued. I felt empowered. I
 
was inspired and most of all, I was motivated.
 
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There was no challenge too big for me to tackle. I
 
was ready to face my fear and follow him into a
 
burning building because I knew that we were a team
 
and together we were unstoppable.
 
Stephen Covey has written about a
 
concept he calls the shadow of the leader. It means
 
that as a leader whether you realize it or not,
 
you're casting a shadow so be mindful of the
 
influence you exert, even when you are unaware.
 
This conversation took only a few minutes of Scott's
 
time and it took place over 30 years ago. He has
 
probably long since forgotten that conversation, but
 
you can tell the impact it had on me and how it
 
inspires me to this day.
 
Think of all the contrasts between these
 
two examples. One where women hesitate to speak up
 
in meetings and one where a woman would run into a
 
burning building. The difference is leadership.
 
Imagine for a moment if everyone felt as motivated
 
as I felt under Scott's leadership. Think of the
 
untapped potential that could be unleashed in a work
 
environment where women felt comfortable speaking up
 
and contributing.
 
True leadership inspires us to grow
 
beyond who we are and become something greater.
 
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Scott inspired me to grow beyond who I was and be
 
braver than I thought I could be. While I shared my
 
perspective as a woman, I have no intention to
 
ignore or dismiss the experiences of minorities or
 
gender diverse individuals, particularly because I
 
think some of these observations are probably
 
strikingly similar for them also.
 
This is an issue where we can all lean
 
in. Our workplace reflects how we as individuals
 
interact and treat each other. Our careers are the
 
sum of our experiences and interactions of those we
 
work with. Our coworkers help shape our work
 
environment and we shape theirs. So, the question
 
is, how do you want to shape it?
 
Megan Rapinoe, the professional soccer
 
player said, real change lies within all of us. It
 
is in the choices we make every day. I thought the
 
passage of time and my leaving footprints would make
 
the path easier for those who follow, but it isn't
 
enough, so I will find ways to step up my game, find
 
my voice and give a hand to others to help them up
 
the mountain. I recently had the pleasure of
 
inviting Mary Casto, a brilliant environmental
 
scientist new to the NRC team, to spend a day with
 
me in the office and my intent is for her to be the
 
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first in what I hope is a long line of proteges.
 
Encouraging women's engagement and helping them find
 
their voice is a choice that we can all make every
 
day and it's crucial to the future of the NRC and to
 
the nuclear industry at large. This is where
 
inclusion goes beyond principle and into practice
 
and there's no better time than the present. Thank
 
you.
 
MR. FURSTENAU: Thank you, Commissioner
 
Caputo. I've got to start with this. I started, as
 
I was monitoring questions, I've got to admit it, I
 
got a little bit overwhelmed because there were so
 
many great comments about what you were talking
 
about towards the end of your talk. I just wanted
 
to share some of those comments with you and the
 
audience before we get into the Q&A.
 
First, thank you for your bravery to
 
speak frankly about women's issues in the nuclear
 
field. Another comment, racial minorities have
 
expressed similar frustration with very similar
 
challenges. Thank you for addressing the common
 
struggles that we, as women engineers, face on a
 
daily basis and just, again, another comment, a
 
hearty thank you for sharing your experiences on
 
that.
 
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Okay, now we'll get to the --
 
COMMISSIONER CAPUTO: Thank you to
 
everyone for the thank yous.
 
MR. FURSTENAU: A question related to
 
the topic, I think is coming from industry, what
 
actions or incentives do you feel we could implement
 
to entice the under-represented at mid career or, I
 
think, any level of career to come to the NRC?
 
COMMISSIONER CAPUTO: Oh, to incentivize
 
them to join the NRC rather than industry?
 
MR. FURSTENAU: Yes. I threw that in,
 
that's my part of question.
 
COMMISSIONER CAPUTO: Okay, no that's
 
fine. That's fine. You know I really think that's
 
a better question for our NRAN cohort because they
 
made that decision. They're all quite talented and
 
bright and capable and they joined us instead of the
 
industry. I think a lot of times we are very self-
 
conscious about the fact that we can't necessarily
 
offer competitive salaries with industry, but what
 
we do offer is public service and a mission that
 
everyone can embrace with dedication and commitment.
 
I think that appeals to a lot of people. I think it
 
also appeals to the right kind of people.
 
For employees that are drawn to that
 
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mission, it's because they are dedicated and they
 
have a public service mindset and I think that that
 
level of commitment is exactly what we're looking
 
for. So, I think there's a certain amount of
 
natural affinity there.
 
MR. FURSTENAU: Okay, thank you.
 
Another one related to work force. What role do you
 
think the NRC should play in nuclear work force
 
development?
 
COMMISSIONER CAPUTO: I think we need to
 
continue doing a lot of what we're doing. One of
 
the challenges that we face as an agency is
 
attrition. Over half of our work force is over 50.
 
Our attrition rates have increased from four to
 
seven percent over the last several years, so if we
 
continue to see attrition at that level, you can
 
think about swapping out one-third of the agency
 
over the next five years. That's an incredible
 
hiring challenge, so recruitment is a tall order.
 
I think we have a very active HR
 
department that is working on being very strategic
 
in recruitment and places that they target to find
 
the high quality people we need for our mission and
 
to find a diverse set of people that are wanting to
 
engage in the mission. So, that is a part of it,
 
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but I also think retention is a big issue, not just
 
to recruit these people early in their careers, but
 
to show them an exciting career path where they can
 
grow and develop and continue to contribute to the
 
mission for a number of years and find the position
 
challenging and exciting. But, we also have a
 
contingent of middle management, who because we have
 
been blessed with such a large section of
 
experienced employees, perhaps have not had the
 
upper mobility as much as they might have liked. So
 
I think it's incumbent upon us to pay particular
 
attention to making sure that we are giving these
 
people the challenges and the room for growth that
 
they need to develop because in short order, we're
 
going to need each and every one of them to fill the
 
shoes left behind as our deep experienced bench
 
heads into a well-earned retirement.
 
MR. FURSTENAU: All right, thanks. I
 
think we have time for one more question here. How
 
do your statements on a decedent in workload square
 
with other statements from our external stakeholders
 
that the NRC will need to address new SMRs, new LWR
 
proposals, increase in international demands,
 
increase in advanced reactors and an increase in
 
regulations that the staff will need to address?
 
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COMMISSIONER CAPUTO: I think that's
 
probably a natural, I will call it, knee jerk
 
response because there's an expectation that there
 
will be a lot of applications and a lot of advanced
 
reactors coming. The natural response to that is to
 
make sure that we have the staff we need. I think
 
having enough staff with the right qualifications is
 
exactly what we need. We need to be focused on
 
that.
 
The challenge that I see is the fact
 
that we have significant resources to do that. When
 
you look at the scope of the workload, as these
 
applications come in the 419 that I referenced, this
 
includes all of our resident inspectors in all of
 
our plants full time. Everyone that's reviewing
 
license amendments. Everyone that's reviewing
 
advanced reactor applications, topical reports, pre-
 
application engagement right now. So, when I say we
 
could double our workload and still fit within the
 
'24 budget, that encompasses an enormous amount of
 
work that we could handle if we staff according to
 
our technical staff needs.
 
I think the concern that I have is the
 
fact that that portion of work is 21 percent of our
 
agency at this point. It's our primary mission, but
 
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it represents a small minority of the work that we
 
do.
 
I think it's that other work that we
 
should really scrutinize because I think, if
 
anything, I think it's quite possible that our
 
employees' time is getting cluttered with things
 
that are not necessarily crucial for the mission,
 
whether it's working groups, meetings, etc. I think
 
there's room to find ways to have our employees use


18 Besides, the work environment was getting better for women all the time, so this dynamic would wane over time, right?          Shortly after I was confirmed for my second term, I found myself getting, for lack of a better        term,    nukesplained.                    Someone        with significantly less technical and policy experience talked to me as if I was clueless about an issue I had      monitored    and     studied        for    years.        It      was frustrating and it was demeaning, but I let it go and      redirected      the      conversation            to  a  different topic.
their time more wisely and smarter and expect less
Later    that      night,        I    reflected      on    the experience.          I was frustrated and I thought if this is still happening to me at this stage in my career, how many other women are also struggling.                            Not long after this experience, I ran into Rumina Velshi, who is an absolute inspiration, particularly on these issues, but on so many others in our field.                                        I couldn't wait to share my story.                              She listened, commiserated and then asked, so what did you do about it?          I was struck, wow, what a wakeup call.
What      had  I  done    about      it?        Nothing.        The      same approach        I  had  taken      for    my    entire    career.            I ignored it and plowed forward.                      I tolerated it.
What I now recognize is it's incumbent NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1716 14th STREET, N.W., SUITE 200 (202) 234-4433            WASHINGTON, D.C. 20009-4309            www.nealrgross.com


19 upon me at this point in my career to wrestle with these issues and do what I can to impart change for the better.          Women have faced these issues as long as they have been in the workplace and currently things are a lot better than they were years ago and certainly better than what our mothers faced, but there's a saying, it's not enough to climb up the mountain, you should reach behind and give someone else a hand up.
clutter in their schedule to allow them the time to
Director        General        Grossi    and  Secretary Granholm have both focused on the need to recruit and retain women in nuclear and that's important.                                I think the recent reports from the Nuclear Energy Agency, Gender Balance in the Nuclear Sector, is an important effort to gather data on the challenges women face.
I  think      Director        General    Magwood        has really        been  a  role      model        in    trying  to      bring attention        to  this      issue      and      encourage    women        to pursue        careers  in    nuclear,          but    I  think    he    goes beyond that.          This is where I'm going to insert a strong caveat, I think my struggles have been a fraction of what some women have faced, so what I'm about to say is in no way intended to trivialize the women out there who faced much tougher situations NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1716 14th STREET, N.W., SUITE 200 (202) 234-4433            WASHINGTON, D.C. 20009-4309            www.nealrgross.com


20 than I have, but these dynamics twice in my career have      influenced      my    decision        to    actually    leave        a position.        Once as my sole reason and the other as a strong contributing factor.                        The fact that women struggle in the work environment and they can choose to leave as a result of that should be a reason for all of us to focus on making our workplace more inclusive.            Among    the    strongest          drivers    of      job satisfaction were for people to feel appreciated and I      believe      the    extent        to      which      people        feel appreciated is strongly influenced by how inclusive we are.
focus on what's truly important. That, I think, is
I'm    going      to    share      two    stories      that illustrate this.           A recent one where I played a role and one that happened to me many, many years ago.                                  A few months ago, I was in a meeting with about 15 people, three of them women.                        We had a PowerPoint presentation over lunch and we were engaged in a discussion.            A  woman      across        the    table  from        me started        to  speak    up.      She      was      interrupted.            I noticed it.            I looked at her, she looked at me expressionless.              She      waited        a    few    moments        for another opportunity to jump into the conversation.
She tried to jump in and was cut off again.                                    She gave me a little knowing smile and I gave her a NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1716 14th STREET, N.W., SUITE 200 (202) 234-4433            WASHINGTON, D.C. 20009-4309            www.nealrgross.com


21 little knowing smile back.
an area that is ripe for us to focus on.
I  thought        to    myself        okay,  fine,      I'll barge        into  this      conversation.                I'm    going        to interject and give her an opening.                          She deserves to be heard and I want to hear what she has to say.
So, I tried to speak up and I was cut off.                            I gave her a surprised look.                She gave me a surprised look.
So, I waited a minute and I jumped in a little more forcefully and I asked for her input.                            She had a wonderful,          insightful            contribution            to        the discussion.        What stuck with me though was the level of effort it took to elicit that contribution.
Women face these situations every day and every situation is fraught with a judgment call.
Should I speak up?              If a woman asserts herself, she risks being labeled as bossy or aggressive or does she      choose    to    play      it    safe,        withdraw    and      sit quietly.        It's so easy to focus on the substance of the meeting and get lost in our own thoughts and miss a moment like that one.                    In many cases it isn't intentional          and    others        in      the    room    would        be mortified if they realized what that outcome was.
These moments can be subtle and fleeting, but when we miss them, there is an equally subtle message that her voice isn't worth hearing.                          This is a very NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1716 14th STREET, N.W., SUITE 200 (202) 234-4433            WASHINGTON, D.C. 20009-4309            www.nealrgross.com


22 subtle and crucial aspect of inclusion.                           How hard is it for anyone, not just women, to contribute and be heard?
MR. FURSTENAU: Okay, thank you very
Now I'm going to dive way back in my past to a time when I was a volunteer firefighter and emergency medical technician.                            Obviously, this is      a    work  environment          where        physical      strength matters and as a young woman, I was fairly self-conscious about my physical strength and I wasn't alone.        One of the other women on the department and I    committed      that      we    were    going        to  lift    weights together at the station and build our strength.
One evening when we were working out, one of the fellow firefighters came over to us with an air of contempt.                It was palpable instantly.                    He stated in no uncertain terms he would never go into a burning building with either one of us because if something went wrong, neither of us would be able to carry him out.          In his opinion, we shouldn't even be on the department.                  It was like a shot to solar plexus.        I couldn't breathe.              I felt devastated.
Not 10 seconds later, our lieutenant in charge        of  fire    training,          Scott,        came  around        the corner having heard everything.                          He looked us each in the eye and told us to forget everything we had NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1716 14th STREET, N.W., SUITE 200 (202) 234-4433            WASHINGTON, D.C. 20009-4309            www.nealrgross.com


23 just heard.          He told us that he would go into a burning building with either one of us because he trusted our judgment and our dedication.                          He knew that most importantly, we would maintain situational awareness and keep our partners and ourselves out of dangerous situation and if the worst should happen and our partner went down, he knew that no matter what we would stop at nothing to get them out.                              It wouldn't be a glamorous fireman's carry like in the movies, but dragging a person out accomplishes the same objective of getting them to safety and that is what matters.
much, Commissioner Caputo. Appreciate your remarks
He was glad to see us in the weight room and encouraged us to stick with it.                          He stressed that        everyone  in    the    department          has  important contributions to make.                The strongest men aren't necessarily the best in the back of an ambulance with an injured child and a terrified parent.                            What made us an important part of the team is that we were all intent on finding ways to serve and help those who needed us.            That mindset together with our judgment and dedication was why he wouldn't hesitate to go inside a fire with either one of us.
I felt so valued.              I felt empowered.            I was      inspired    and    most    of    all,      I was  motivated.
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24 There was no challenge too big for me to tackle.                                    I was ready to face my fear and follow him into a burning building because I knew that we were a team and together we were unstoppable.
and the Q&A session. With that, I'll close this
Stephen        Covey      has      written    about          a concept he calls the shadow of the leader.                           It means that as a leader whether you realize it or not, you're        casting    a    shadow        so    be    mindful    of      the influence          you  exert,      even    when      you  are    unaware.
This conversation took only a few minutes of Scott's time and it took place over 30 years ago.                                He has probably long since forgotten that conversation, but you can tell the impact it had on me and how it inspires me to this day.
Think of all the contrasts between these two examples.            One where women hesitate to speak up in meetings and one where a woman would run into a burning        building.        The    difference          is  leadership.
Imagine for a moment if everyone felt as motivated as I felt under Scott's leadership.                            Think of the untapped potential that could be unleashed in a work environment where women felt comfortable speaking up and contributing.
True    leadership          inspires      us  to      grow beyond        who  we  are    and    become        something      greater.
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25 Scott inspired me to grow beyond who I was and be braver than I thought I could be.                     While I shared my perspective        as  a    woman,      I    have      no  intention        to ignore or dismiss the experiences of minorities or gender diverse individuals, particularly because I think        some  of  these      observations            are  probably strikingly similar for them also.
session. There's just a couple of minutes until the
This is an issue where we can all lean in.        Our workplace reflects how we as individuals interact and treat each other.                    Our careers are the sum of our experiences and interactions of those we work      with. Our    coworkers          help      shape  our      work environment and we shape theirs.                        So, the question is, how do you want to shape it?
Megan Rapinoe, the professional soccer player said, real change lies within all of us.                                It is in the choices we make every day.                        I thought the passage of time and my leaving footprints would make the path easier for those who follow, but it isn't enough, so I will find ways to step up my game, find my voice and give a hand to others to help them up the      mountain.      I    recently          had    the  pleasure        of inviting        Mary  Casto,        a    brilliant          environmental scientist new to the NRC team, to spend a day with me in the office and my intent is for her to be the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1716 14th STREET, N.W., SUITE 200 (202) 234-4433          WASHINGTON, D.C. 20009-4309            www.nealrgross.com


26 first in what I hope is a long line of proteges.
next plenary, so a very short, a very, very short
Encouraging women's engagement and helping them find their voice is a choice that we can all make every day and it's crucial to the future of the NRC and to the      nuclear    industry      at    large.          This  is    where inclusion goes beyond principle and into practice and there's no better time than the present.                              Thank you.
MR. FURSTENAU:            Thank you, Commissioner Caputo.        I've got to start with this.                  I started, as I was monitoring questions, I've got to admit it, I got a little bit overwhelmed because there were so many      great  comments      about      what      you  were    talking about towards the end of your talk.                          I just wanted to share some of those comments with you and the audience before we get into the Q&A.
First,    thank      you      for      your  bravery        to speak frankly about women's issues in the nuclear field.          Another    comment,        racial        minorities      have expressed        similar      frustration            with    very   similar challenges.          Thank you for addressing the common struggles that we, as women engineers, face on a daily        basis  and    just,     again,        another      comment,        a hearty thank you for sharing your experiences on that.
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27 Okay, now we'll get to the --
stretch break. Let's thank Commissioner Caputo
COMMISSIONER        CAPUTO:            Thank    you      to everyone for the thank yous.
MR. FURSTENAU:              A question related to the topic, I think is coming from industry, what actions or incentives do you feel we could implement to entice the under-represented at midcareer or, I think, any level of career to come to the NRC?
COMMISSIONER CAPUTO:                Oh, to incentivize them to join the NRC rather than industry?
MR. FURSTENAU:            Yes.       I threw that in, that's my part of question.
COMMISSIONER CAPUTO:                  Okay, no that's fine.        That's fine.      You know I really think that's a better question for our NRAN cohort because they made that decision.            They're all quite talented and bright and capable and they joined us instead of the industry.        I think a lot of times we are very self-conscious about the fact that we can't necessarily offer competitive salaries with industry, but what we do offer is public service and a mission that everyone can embrace with dedication and commitment.
I think that appeals to a lot of people.                      I think it also appeals to the right kind of people.
For  employees        that      are    drawn  to    that NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1716 14th STREET, N.W., SUITE 200 (202) 234-4433          WASHINGTON, D.C. 20009-4309          www.nealrgross.com


28 mission, it's because they are dedicated and they have a public service mindset and I think that that level of commitment is exactly what we're looking for.         So, I  think      there's        a    certain    amount        of natural affinity there.
again.
MR. FURSTENAU:                Okay,      thank      you.
Another one related to work force.                      What role do you think the NRC should play in nuclear work force development?
COMMISSIONER CAPUTO:                I think we need to continue doing a lot of what we're doing.                            One of the      challenges    that      we    face      as    an  agency        is attrition. Over half of our work force is over 50.
Our      attrition    rates      have      increased        from  four      to seven percent over the last several years, so if we continue to see attrition at that level, you can think about swapping out one-third of the agency over the next five years.                      That's an incredible hiring challenge, so recruitment is a tall order.
I  think      we    have      a    very  active        HR department that is working on being very strategic in recruitment and places that they target to find the high quality people we need for our mission and to find a diverse set of people that are wanting to engage in the mission.                So, that is a part of it, NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1716 14th STREET, N.W., SUITE 200 (202) 234-4433          WASHINGTON, D.C. 20009-4309          www.nealrgross.com


29 but I also think retention is a big issue, not just to recruit these people early in their careers, but to show them an exciting career path where they can grow and develop and continue to contribute to the mission for a number of years and find the position challenging        and  exciting.            But,      we also  have        a contingent of middle management, who because we have been        blessed    with      such      a      large    section        of experienced        employees,        perhaps        have  not  had      the upper mobility as much as they might have liked.                            So I think it's incumbent upon us to pay particular attention to making sure that we are giving these people the challenges and the room for growth that they need to develop because in short order, we're going to need each and every one of them to fill the shoes        left behind    as    our    deep      experienced      bench heads into a well-earned retirement.
(Whereupon, the above-entitled matter
MR. FURSTENAU:            All right, thanks.                I think we have time for one more question here.                            How do your statements on a decedent in workload square with other statements from our external stakeholders that the NRC will need to address new SMRs, new LWR proposals,        increase        in      international        demands, increase in advanced reactors and an increase in regulations that the staff will need to address?
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30 COMMISSIONER        CAPUTO:           I  think    that's probably        a  natural,      I  will      call    it,  knee      jerk response because there's an expectation that there will be a lot of applications and a lot of advanced reactors coming.        The natural response to that is to make sure that we have the staff we need.                          I think having enough staff with the right qualifications is exactly what we need.                We need to be focused on that.
went off the record at 9:12 a.m.)
The challenge that I see is the fact that we have significant resources to do that.                          When you look at the scope of the workload, as these applications come in the 419 that I referenced, this includes all of our resident inspectors in all of our plants full time.                Everyone that's reviewing license        amendments.          Everyone          that's  reviewing advanced reactor applications, topical reports, pre-application engagement right now.                      So, when I say we could double our workload and still fit within the
'24 budget, that encompasses an enormous amount of work that we could handle if we staff according to our technical staff needs.
I think the concern that I have is the fact that that portion of work is 21 percent of our agency at this point.             It's our primary mission, but NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1716 14th STREET, N.W., SUITE 200 (202) 234-4433          WASHINGTON, D.C. 20009-4309          www.nealrgross.com


31 it represents a small minority of the work that we do.
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I think it's that other work that we should        really    scrutinize          because        I  think,        if anything,        I  think    it's      quite      possible    that      our employees'        time    is    getting        cluttered      with    things that are not necessarily crucial for the mission, whether it's working groups, meetings, etc.                          I think there's room to find ways to have our employees use their time more wisely and smarter and expect less clutter in their schedule to allow them the time to focus on what's truly important.                        That, I think, is an area that is ripe for us to focus on.
MR. FURSTENAU:            Okay,    thank  you      very much, Commissioner Caputo.                    Appreciate your remarks and the Q&A session.                  With that, I'll close this session.        There's just a couple of minutes until the next plenary, so a very short, a very, very short stretch        break.      Let's      thank        Commissioner      Caputo again.
(Whereupon,        the      above-entitled        matter went off the record at 9:12 a.m.)
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2023 RIC Commissioner Plenary - Annie Caputo - Remarks
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1

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

+ + + + +

35TH REGULATORY INFORMATION CONFERENCE (RIC)

+ + + + +

COMMISSIONER CAPUTO PLENARY

+ + + + +

WEDNESDAY,

MARCH 15, 2023

+ + + + +

The Plenary Session convened at the

Bethesda North Marriott Hotel and Conference Center,

located at 5701 Marinelli Road, North Bethesda,

Maryland and via Video Teleconference, at 8:30 a.m.

EDT, The Honorable Annie Caputo, Commissioner, NRC,

presiding.

PRESENT:

ANNIE CAPUTO, Commissioner, NRC

RAY FURSTENAU, Director, Office Nuclear Regulatory

Research, NRC

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P-R-O-C-E-E-D-I-N-G-S

8:30 a.m.

MR. FURSTENAU: Welcome back to the

second day of our 2023 RIC. I hope everybody had a

great day yesterday and a nice evening.

This morning we have plenary sessions

with remarks by Commissioner Annie Caputo and

Commissioner Bradley Crowell and our Executive

Director, Dan Dorman. Then after that, we'll

complete the morning with the fireside chat from our

NRC Chair, Christopher Hanson, and Director General

of the Nuclear Energy Agency, Bill Magwood.

I want to mention for those folks here

in person for the Q&As, please use the QR code.

It's real easy to use and it gets you right to the

question and answer session and those online, when

you sign into the session, there'll be a tab for

Qs&As.

With that, it's my honor and pleasure to

introduce our first plenary speaker, the Honorable

Annie Caputo. She was sworn in as a Commissioner of

the US NRC in August of 2022 and is currently

serving the remainder of her five-year term ending

in June of 2026. As many of you know, Commissioner

Caputo previously served at the NRC from 2018 to

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2021. Most recently, she worked as a consultant for

the Idaho National Laboratory related to

international collaboration on advanced nuclear

reactors. Prior to her work at INL, she served as a

professional staff member on the US Senate Arms

Services Committee assisting with issues related to

the National Nuclear Security Administration's

infrastructure. She also served as the senior

policy advisor for Chairman John Barrasso on the

Senate Environment and Public Works Committee.

Commissioner Caputo held the same

position for then Chairman James Inhofe from 2007 to

2012 and from 2005 to 2006 and 2012 to 2015,

Commissioner Caputo worked for the House Committee

on energy and commerce, handling nuclear issues.

Prior to her positions on Capitol Hill, she worked

for Exelon Corporation. She's a graduate from the

University of Wisconsin - Madison and she holds a

Bachelor's degree in Nuclear Engineering.

With that, let's all welcome

Commissioner Caputo and I didn't take your notes.

(Laughter.)

COMMISSIONER CAPUTO: Thank you, Ray,

for that introduction. Go Badgers. Let's just you

know get started. Thank you and good morning to

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everyone here. It's wonderful to be live and in

person. Welcome to day two of the RIC.

I want to take a moment to recognize and

thank all of the countless NRC staff who have made

this event possible and are working very hard to

make it a success. Thank you for being here and for

all that you do.

I also want to welcome so many people.

This event is so well attended with international

colleagues, academia, federal and local governments,

non-governmental organizations, members of the

public and everyone both online and in person.

Thank you for joining us.

I also want to make a specific welcome

to NEA Director Bill Magwood for joining us and for

former Chairman Dick Mes-erve and Stephen Burns,

former Commissioners Apostolakis and Ostendorff.

You've all been mentors to me for a very long time

and I appreciate all of the wisdom you've shared

over the years.

Like my fellow commissioners, I want to

give one more thank you. I am blessed with a staff

of highly talented, high performers, who I would

just be lost without them. A special thanks to

Nicole, Heather, Eric, Marilyn, Bob and Julie, you

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rock!

The theme of this year's RIC is

Navigating the Nuclear Future and who better to talk

about the future than Daniel Yergin, the famous

author and energy expert. In his recent book, The

New Map: Energy, Climate, and the Clash of Nations,

Yergin lays out the case for how climate change

policy is changing our future through the reshaping

of geopolitics, global economics and global energy

supply. He describes how different kinds of power

are in play. "One is the power of nations that is

shaped by economics, military capabilities and

geography; by grand strategy and calculated

ambition, by suspicion and fear; and by the

contingent and unexpected." This statement is

particularly prescient given that the book was

published shortly before Russia's malicious invasion

of Ukraine. I want to associate myself with

remarks made by Director General Grossi and Chairman

Hanson on this situation yesterday. To our

Ukrainian colleagues, you have my heartfelt

admiration for your continued dedication given the

challenge of ensuring nuclear safety in a war zone.

Dan Yergin also refers to other kinds of

power, more specifically, "the power that comes from

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oil and gas and coal, from wind and solar and from

splitting atoms, and the power that comes from

policies that seek to re-order the world's energy

system and move toward net zero carbon in the name

of climate." Here in the US, we are seeing the

challenges of this net zero transition.

The PJM Interconnection, one of the

nation's largest grid operators, is growing

concerned about resource adequacy. PJM estimates

the retirement of 40,000 megawatts of electricity

generation, 21 percent of its total generation by

2030. Over half of the projected retirements are

considered policy driven. In contrast, PJM

estimates 15 to 30,000 of renewables and battery

storage may be added to the grid by 2030. All of

this comes at a time when policies are driving the

increase electrification of buildings,

transportation and industry. Calvin Butler, the new

CEO of Exelon, recently indicated that the

electrification of buildings in Baltimore would

double the electrical load. Consider for a moment

the impact of all of these policy dynamics across

the country.

Economic growth and growth in

electricity demand have historically been

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correlated. This correlation will become more

intense with increased electrification. This means

that economic wellbeing and efforts to eliminate

energy poverty around the world will be ever more

reliant on adequate supplies of clean, affordable

and reliable electricity. Hence, there is a growing

expectation that any success in mitigating climate

change and meeting future energy needs here and

around the world must include robust deployment of

safe and clean nuclear energy. While the completion

of Vogtle Units 3 and 4 will be a very significant

accomplishment, those units represent one small step

toward a net zero objective.

Here in the US, we at the NRC are

gatekeepers to that future. The primacy of our

mission to protect publish health and safety and

security and the environment is indisputable, but if

the global vision of success includes a robust

nuclear deployment, what does success look like for

us as a regulator? The posture with which we

approach our mission will have a distinct impact on

how nuclear energy will make a growing contribution

to our energy needs and that bears repeating. The

posture with which we approach our mission will have

a distinct impact on whether nuclear energy will

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make a growing contribution.

Years ago, we at the NRC embarked on a

transformation effort. The executive director set

our objective to be a modern, risk-informed

regulator. Similarly, the Office of Nuclear Reactor

Regulation embraced the motto, we make the safe use

of nuclear technology possible. What this

transformation effort and NRR's motto rightly

suggest is that as a regulator, our posture should

be finding solutions rather than raising obstacles.

For us to become successful as an

agency, I believe we need to become that moderate

risk-informed regulator who makes the safe use of

nuclear energy possible. I'm going to share with

you today what I think our success would look like

and there's no better time than the present to make

it happen. There's also no better time than the

present to innovate.

Once upon a time, space was the sole

domain of governments, now NASA astronauts ride to

the International Space Station on commercial

vehicles. Advances in artificial intelligence now

raise the question did I write this speech or did

ChatGPT? Innovation in nuclear technology is well

underway in both fission and fusion and we at the

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NRC consistently say we will be ready to review

applications we receive and we are, using our

established regulations, procedures, practices and

precedents. But by its very nature, innovation must

depart from precedent so the question is can we

innovate how we regulate? Congress has directed us

to develop a technology neutral, risk-informed,

performance based framework for advanced reactors.

Can we innovate where and when it counts?

This nuclear regulatory framework for

advanced reactors, Part 53, is now before the

Commission. Significant work remains to develop the

framework Congress envisioned. A framework that is

truly risk-informed reflecting the inherent safety

found in advanced designs and one that is efficient,

enabling timely reviews to allow safe nuclear energy

deployment on a scale warranted by our national and

global energy needs.

I am rolling up my sleeves to work with

my colleagues and shape a simpler, risk-informed,

innovative rule that will be the foundation for

predictable and timely safety reviews merited by

these advanced designs. This will require

considerable work on the part of the Commission, our

staff, but it is important that we focus our

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collective efforts to meet Congress' intent with a

sense of urgency. The challenge is how efficiently

can we enable these advanced technologies while

preserving safety.

There is also no better time than the

present for data driven, risk-informed decision

making. Our clarity principle of regulations states

that regulations should be coherent, logical and

practical and that agency position should be readily

understood and applied. To me, data driven decision

making is foundational to these principles.

Processes and outcomes should be objective, reliable

and reproducible. They should also be transparent.

External stakeholders should be able to review our

work and understand how we reached our conclusion.

What do we mean by risk-informed?

Fundamentally, it means regulatory activities should

be consistent with a degree of risk reduction they

achieve, once again, as stated in our principles of

good regulation. Many of today's operating reactors

were licensed in the '60s and '70s, at a time when

technology was young and operating experience was

limited. Toleration of risk and uncertainty was

unavoidable in the early development of nuclear

energy. Now, just in the US, we have nearly 4,000

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years, reactor years of operating experience. A

couple of years ago the Nuclear Energy Institute

produced a report detailing how the industry had

dramatically improved its safety over the past 20

years according to each and every NRC and in-post

safety performance indicator. With that experience

and safety improvement comes a highly refined

understanding of the technology and a wealth of risk

information. Have we put this wealth of information

and experience to good use to refine our

understanding of what is necessary for adequate

protection or as a regulator, do we instead seek

further precision? The desire for further precision

can lend itself to an insatiable appetite for

information and an ever shrinking tolerance of risk

and uncertainty.

With the combination of state of the art

probabilistic risk assessment and the computer

modeling and simulation tools available today, we

can debate the likelihood of an event happening once

in 10 billion years, billion with a B. How do we

balance the constant desire to know more with the

threshold of knowing enough? Is our ability to

model risk that small driving the pursuit of

absolute safety rather than adequate safety? Is it

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hindering our ability to accept some level of risk

and reach decisions? In the case of digital

instrumentation and control, the answer is clearly

yes. Thirty years ago, nuclear submarines went to

sea and commercial aircraft took off with digital

instrumentation and control. Yet, we still wrestle

with the issue.

We have processes in place that can

guide us to the extent that we follow them. Our

backfit rule is decision-making process that begins

with risk information before imposing a backfit and

requiring revisions, revising our requirements for

existing licensees, the agency must first determine

through a systematic analysis whether that change

will be a substantial increase in public safety and

that the change is cost justified. In this way,

risk information forms the basis for determining

whether the safety or security increase is, in fact,

beneficial.

Similarly, the regulatory analysis that

underpins our rule making proposals must also use

risk information to determine that each element of

the proposal is safety beneficial on its own.

Regulatory analysis shouldn't be an afterthought,

it should be a tool that helps us discern between

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proposals that merely sound good and those that are,

in fact, safety beneficial and cost effective. Our

ability to use effective risk information in these

processes rests on our commitment to data driven

decision making. We need to gather and utilize the

right data to make risk-informed decisions, but it's

not enough to simply gather the data, we need to use

it objectively. As our principles state: final

decisions must be based on objective, unbiased

assessments of all information.

If we become successful in making data

driven, risk-informed decisions, what would that

look like? If our regulatory activities were truly

consistent with the risk reduction they achieve,

what outcomes would we expect to see? For operating

reactors, I expect we would see a focus on

inspections and licensing reviews that are focused

on safety significance. That we would be using

risk-informed decision tools, like the risk-informed

process for evaluation and the Very Low Safety

Significance Resolution process to resolve things

that aren't safety significant. That we would

constantly, consistently adhere to the backfit rule.

We would produce complete, high quality regulatory

analyses. That we would be enabling widespread

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implementation of digital instrumentation & control

and that we would be executing predictable,

efficient 50.69 reviews to risk inform the

categorization and treatment of structures, systems,

and components.

With regard to advanced reactors, we

mustnt let the pursuit of absolute safety paralyze

our ability to reach decisions. Rather, we should

continue to pursue our statutory mandate of adequate

protection. It is difficult to justify regulating

safety to a level below that of an asteroid

destroying global civilization, a risk of 1 in 2.3

million years. We must innovate how we regulate

safety and find ways to risk inform our approaches,

recognize inherent safety features and exhibit

results driven leadership.

There is also no better time than the

present to improve our financial stewardship. Our

principles of good regulation state that the

American taxpayer, the rate paying consumer, and

licensees are all entitled to the best possible

management and administration of our regulatory

activities. My longstanding view is that the

agency needs to improve its financial management and

stewardship of its resources.

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The budget is the largest policy

instrument for the agency. It sets forth priorities

and it allocates resources. It should align with

our strategic plan. It should be performance based

and it should accurately depict our mission needs.

I'm not going to tell you anything that isn't

publicly available, but at the end of fiscal year

'22, the agency had a carryover of 92 million

dollars. This means the agency collected roughly 58

million dollars from licensees and 34 million

dollars from taxpayers that it did not need to

fulfill its mission last year. This, and a 906

million dollar budget, resulted in an excess of 10

percent due to inaccurate budget projections, yet

instead of adjusting the budget request down to

account for it, the 2024 budget request was

increased up to over a billion dollars.

The difference between what the agency

actually needed in '22 and the 2024 budget request

is 192 million dollars. This is difficult to square

with a drop in our workload. All the inspections

and licensing reviews are billed by the hour to our

licensees and applicants. This work is down 46

percent from 2016. In 2023, this work will require

roughly 419 FTE out of our 2,777 employees. That

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accounts for roughly 15 percent of our personnel and

only 21 percent of our budget. You can nearly

double this year's workload and still fit within

that 2024 budget request.

The agency will spend 46 percent more on

corporate support activities than on inspection and

licensing work. Compared to the 419 FTE doing

licensing and inspection, 579 will be doing

corporate support functions. We need to get back to

basics with a focus on actual expenditures to inform

budget development with a measure of detail

commensurate enough to make truly informed

decisions, but in my time on the Commission, we have

yet to effect these changes. We need to take a hard

look at necessary activities and services that

support the core mission of the agency and use data

driven decision making to reach effective outcomes.

So far, the agency's transformation efforts have

seemed to achieve the opposite of what was expected.

We are spending more to do less work.

In short, our workload has shrunk. We

are collecting significantly more revenue than we

need and our budget is growing. This is not what I

consider good stewardship. There is no better time

than the present to get our fiscal house in order.

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There's one last subject I'd like to

address today and that is the challenges facing

women in the workplace. There is no better time

than the present to empower women. As you're all

aware, March is Women's History Month. This year,

for me personally, it's different. I'd like to

share with you some personal experiences as a woman

in the nuclear field to illustrate why that is.

These experiences have caused me to

reflect on inclusion in the workplace, particularly

because some of my observations may feel strikingly

similar to other folks in the nuclear field. Some

of what I will say today I have shared with NRC

staff in a couple of venues. I particularly want to

recognize Region Two since they shared my first step

on this journey.

When I graduated and started working in

the nuclear field, I often felt like I was treated

as a young girl fresh out of college who doesn't

know anything. I shrugged it off because they had a

point. I was fresh out of school and I had a lot to

learn, but I figured it wouldn't always be the case

as I gained experience and knowledge. So, I plowed

forward with my career goals, choosing to ignore

that treatment and not let it stand in my way.

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Besides, the work environment was getting better for

women all the time, so this dynamic would wane over

time, right? Shortly after I was confirmed for my

second term, I found myself getting, for lack of a

better term, nukesplained. Someone with

significantly less technical and policy experience

talked to me as if I was clueless about an issue I

had monitored and studied for years. It was

frustrating and it was demeaning, but I let it go

and redirected the conversation to a different

topic.

Later that night, I reflected on the

experience. I was frustrated and I thought if this

is still happening to me at this stage in my career,

how many other women are also struggling. Not long

after this experience, I ran into Rumina Velshi, who

is an absolute inspiration, particularly on these

issues, but on so many others in our field. I

couldn't wait to share my story. She listened,

commiserated and then asked, so what did you do

about it? I was struck, wow, what a wakeup call.

What had I done about it? Nothing. The same

approach I had taken for my entire career. I

ignored it and plowed forward. I tolerated it.

What I now recognize is it's incumbent

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upon me at this point in my career to wrestle with

these issues and do what I can to impart change for

the better. Women have faced these issues as long

as they have been in the workplace and currently

things are a lot better than they were years ago and

certainly better than what our mothers faced, but

there's a saying, it's not enough to climb up the

mountain, you should reach behind and give someone

else a hand up.

Director General Grossi and Secretary

Granholm have both focused on the need to recruit

and retain women in nuclear and that's important. I

think the recent reports from the Nuclear Energy

Agency, Gender Balance in the Nuclear Sector, is an

important effort to gather data on the challenges

women face.

I think Director General Magwood has

really been a role model in trying to bring

attention to this issue and encourage women to

pursue careers in nuclear, but I think he goes

beyond that. This is where I'm going to insert a

strong caveat, I think my struggles have been a

fraction of what some women have faced, so what I'm

about to say is in no way intended to trivialize the

women out there who faced much tougher situations

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than I have, but these dynamics twice in my career

have influenced my decision to actually leave a

position. Once as my sole reason and the other as a

strong contributing factor. The fact that women

struggle in the work environment and they can choose

to leave as a result of that should be a reason for

all of us to focus on making our workplace more

inclusive. Among the strongest drivers of job

satisfaction were for people to feel appreciated and

I believe the extent to which people feel

appreciated is strongly influenced by how inclusive

we are.

I'm going to share two stories that

illustrate this. A recent one where I played a role

and one that happened to me many, many years ago. A

few months ago, I was in a meeting with about 15

people, three of them women. We had a PowerPoint

presentation over lunch and we were engaged in a

discussion. A woman across the table from me

started to speak up. She was interrupted. I

noticed it. I looked at her, she looked at me

expressionless. She waited a few moments for

another opportunity to jump into the conversation.

She tried to jump in and was cut off again. She

gave me a little knowing smile and I gave her a

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little knowing smile back.

I thought to myself okay, fine, I'll

barge into this conversation. I'm going to

interject and give her an opening. She deserves to

be heard and I want to hear what she has to say.

So, I tried to speak up and I was cut off. I gave

her a surprised look. She gave me a surprised look.

So, I waited a minute and I jumped in a little more

forcefully and I asked for her input. She had a

wonderful, insightful contribution to the

discussion. What stuck with me though was the level

of effort it took to elicit that contribution.

Women face these situations every day

and every situation is fraught with a judgment call.

Should I speak up? If a woman asserts herself, she

risks being labeled as bossy or aggressive or does

she choose to play it safe, withdraw and sit

quietly. It's so easy to focus on the substance of

the meeting and get lost in our own thoughts and

miss a moment like that one. In many cases it isn't

intentional and others in the room would be

mortified if they realized what that outcome was.

These moments can be subtle and fleeting, but when

we miss them, there is an equally subtle message

that her voice isn't worth hearing. This is a very

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subtle and crucial aspect of inclusion. How hard is

it for anyone, not just women, to contribute and be

heard?

Now I'm going to dive way back in my

past to a time when I was a volunteer firefighter

and emergency medical technician. Obviously, this

is a work environment where physical strength

matters and as a young woman, I was fairly self-

conscious about my physical strength and I wasn't

alone. One of the other women on the department and

I committed that we were going to lift weights

together at the station and build our strength.

One evening when we were working out,

one of the fellow firefighters came over to us with

an air of contempt. It was palpable instantly. He

stated in no uncertain terms he would never go into

a burning building with either one of us because if

something went wrong, neither of us would be able to

carry him out. In his opinion, we shouldn't even be

on the department. It was like a shot to solar

plexus. I couldn't breathe. I felt devastated.

Not 10 seconds later, our lieutenant in

charge of fire training, Scott, came around the

corner having heard everything. He looked us each

in the eye and told us to forget everything we had

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just heard. He told us that he would go into a

burning building with either one of us because he

trusted our judgment and our dedication. He knew

that most importantly, we would maintain situational

awareness and keep our partners and ourselves out of

dangerous situation and if the worst should happen

and our partner went down, he knew that no matter

what we would stop at nothing to get them out. It

wouldn't be a glamorous fireman's carry like in the

movies, but dragging a person out accomplishes the

same objective of getting them to safety and that is

what matters.

He was glad to see us in the weight room

and encouraged us to stick with it. He stressed

that everyone in the department has important

contributions to make. The strongest men aren't

necessarily the best in the back of an ambulance

with an injured child and a terrified parent. What

made us an important part of the team is that we

were all intent on finding ways to serve and help

those who needed us. That mindset together with our

judgment and dedication was why he wouldn't hesitate

to go inside a fire with either one of us.

I felt so valued. I felt empowered. I

was inspired and most of all, I was motivated.

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There was no challenge too big for me to tackle. I

was ready to face my fear and follow him into a

burning building because I knew that we were a team

and together we were unstoppable.

Stephen Covey has written about a

concept he calls the shadow of the leader. It means

that as a leader whether you realize it or not,

you're casting a shadow so be mindful of the

influence you exert, even when you are unaware.

This conversation took only a few minutes of Scott's

time and it took place over 30 years ago. He has

probably long since forgotten that conversation, but

you can tell the impact it had on me and how it

inspires me to this day.

Think of all the contrasts between these

two examples. One where women hesitate to speak up

in meetings and one where a woman would run into a

burning building. The difference is leadership.

Imagine for a moment if everyone felt as motivated

as I felt under Scott's leadership. Think of the

untapped potential that could be unleashed in a work

environment where women felt comfortable speaking up

and contributing.

True leadership inspires us to grow

beyond who we are and become something greater.

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Scott inspired me to grow beyond who I was and be

braver than I thought I could be. While I shared my

perspective as a woman, I have no intention to

ignore or dismiss the experiences of minorities or

gender diverse individuals, particularly because I

think some of these observations are probably

strikingly similar for them also.

This is an issue where we can all lean

in. Our workplace reflects how we as individuals

interact and treat each other. Our careers are the

sum of our experiences and interactions of those we

work with. Our coworkers help shape our work

environment and we shape theirs. So, the question

is, how do you want to shape it?

Megan Rapinoe, the professional soccer

player said, real change lies within all of us. It

is in the choices we make every day. I thought the

passage of time and my leaving footprints would make

the path easier for those who follow, but it isn't

enough, so I will find ways to step up my game, find

my voice and give a hand to others to help them up

the mountain. I recently had the pleasure of

inviting Mary Casto, a brilliant environmental

scientist new to the NRC team, to spend a day with

me in the office and my intent is for her to be the

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first in what I hope is a long line of proteges.

Encouraging women's engagement and helping them find

their voice is a choice that we can all make every

day and it's crucial to the future of the NRC and to

the nuclear industry at large. This is where

inclusion goes beyond principle and into practice

and there's no better time than the present. Thank

you.

MR. FURSTENAU: Thank you, Commissioner

Caputo. I've got to start with this. I started, as

I was monitoring questions, I've got to admit it, I

got a little bit overwhelmed because there were so

many great comments about what you were talking

about towards the end of your talk. I just wanted

to share some of those comments with you and the

audience before we get into the Q&A.

First, thank you for your bravery to

speak frankly about women's issues in the nuclear

field. Another comment, racial minorities have

expressed similar frustration with very similar

challenges. Thank you for addressing the common

struggles that we, as women engineers, face on a

daily basis and just, again, another comment, a

hearty thank you for sharing your experiences on

that.

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Okay, now we'll get to the --

COMMISSIONER CAPUTO: Thank you to

everyone for the thank yous.

MR. FURSTENAU: A question related to

the topic, I think is coming from industry, what

actions or incentives do you feel we could implement

to entice the under-represented at mid career or, I

think, any level of career to come to the NRC?

COMMISSIONER CAPUTO: Oh, to incentivize

them to join the NRC rather than industry?

MR. FURSTENAU: Yes. I threw that in,

that's my part of question.

COMMISSIONER CAPUTO: Okay, no that's

fine. That's fine. You know I really think that's

a better question for our NRAN cohort because they

made that decision. They're all quite talented and

bright and capable and they joined us instead of the

industry. I think a lot of times we are very self-

conscious about the fact that we can't necessarily

offer competitive salaries with industry, but what

we do offer is public service and a mission that

everyone can embrace with dedication and commitment.

I think that appeals to a lot of people. I think it

also appeals to the right kind of people.

For employees that are drawn to that

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mission, it's because they are dedicated and they

have a public service mindset and I think that that

level of commitment is exactly what we're looking

for. So, I think there's a certain amount of

natural affinity there.

MR. FURSTENAU: Okay, thank you.

Another one related to work force. What role do you

think the NRC should play in nuclear work force

development?

COMMISSIONER CAPUTO: I think we need to

continue doing a lot of what we're doing. One of

the challenges that we face as an agency is

attrition. Over half of our work force is over 50.

Our attrition rates have increased from four to

seven percent over the last several years, so if we

continue to see attrition at that level, you can

think about swapping out one-third of the agency

over the next five years. That's an incredible

hiring challenge, so recruitment is a tall order.

I think we have a very active HR

department that is working on being very strategic

in recruitment and places that they target to find

the high quality people we need for our mission and

to find a diverse set of people that are wanting to

engage in the mission. So, that is a part of it,

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but I also think retention is a big issue, not just

to recruit these people early in their careers, but

to show them an exciting career path where they can

grow and develop and continue to contribute to the

mission for a number of years and find the position

challenging and exciting. But, we also have a

contingent of middle management, who because we have

been blessed with such a large section of

experienced employees, perhaps have not had the

upper mobility as much as they might have liked. So

I think it's incumbent upon us to pay particular

attention to making sure that we are giving these

people the challenges and the room for growth that

they need to develop because in short order, we're

going to need each and every one of them to fill the

shoes left behind as our deep experienced bench

heads into a well-earned retirement.

MR. FURSTENAU: All right, thanks. I

think we have time for one more question here. How

do your statements on a decedent in workload square

with other statements from our external stakeholders

that the NRC will need to address new SMRs, new LWR

proposals, increase in international demands,

increase in advanced reactors and an increase in

regulations that the staff will need to address?

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COMMISSIONER CAPUTO: I think that's

probably a natural, I will call it, knee jerk

response because there's an expectation that there

will be a lot of applications and a lot of advanced

reactors coming. The natural response to that is to

make sure that we have the staff we need. I think

having enough staff with the right qualifications is

exactly what we need. We need to be focused on

that.

The challenge that I see is the fact

that we have significant resources to do that. When

you look at the scope of the workload, as these

applications come in the 419 that I referenced, this

includes all of our resident inspectors in all of

our plants full time. Everyone that's reviewing

license amendments. Everyone that's reviewing

advanced reactor applications, topical reports, pre-

application engagement right now. So, when I say we

could double our workload and still fit within the

'24 budget, that encompasses an enormous amount of

work that we could handle if we staff according to

our technical staff needs.

I think the concern that I have is the

fact that that portion of work is 21 percent of our

agency at this point. It's our primary mission, but

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it represents a small minority of the work that we

do.

I think it's that other work that we

should really scrutinize because I think, if

anything, I think it's quite possible that our

employees' time is getting cluttered with things

that are not necessarily crucial for the mission,

whether it's working groups, meetings, etc. I think

there's room to find ways to have our employees use

their time more wisely and smarter and expect less

clutter in their schedule to allow them the time to

focus on what's truly important. That, I think, is

an area that is ripe for us to focus on.

MR. FURSTENAU: Okay, thank you very

much, Commissioner Caputo. Appreciate your remarks

and the Q&A session. With that, I'll close this

session. There's just a couple of minutes until the

next plenary, so a very short, a very, very short

stretch break. Let's thank Commissioner Caputo

again.

(Whereupon, the above-entitled matter

went off the record at 9:12 a.m.)

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