Ranking Member Capito Votes Against Matthew Marzano’s Nomination to Nuclear Regulatory Commission

WASHINGTON, D.C. – At a business meeting today, U.S. Senator Shelley Moore Capito (R-W.Va.), Ranking Member of the Senate Environment and Public Works (EPW) Committee voted against the nomination of Matthew Marzano to serve as a commissioner on the Nuclear Regulatory Commission (NRC).

In Ranking Member Capito’s opening statement, she highlighted the history of the NRC and quality of previous commissioners, as well as the ADVANCE Act’s purpose of streamlining and making the NRC more efficient. Ranking Member Capito concluded that Mr. Marzano’s inexperience would hinder the NRC’s effectiveness and nuclear energy’s potential.

Below is the opening statement of Ranking Member Shelley Moore Capito (R-W.Va.) as delivered on the nomination and her vote.

“Thank you, Chairman Carper, for holding this hearing and thanks for the witnesses that are coming before us today. I am pleased to be at this business meeting. 

“October 11 marked the 50th anniversary of the signing of the Energy Reorganization Act of 1974.

“This landmark law was a turning point in how our nation approached nuclear safety issues.

“In establishing the NRC, Congress preserved the Atomic Energy Commission’s basic structure, five Commissioners sharing equal responsibility to oversee the civilian use of nuclear power and radioactive materials.

“This five-member Commission structure has served the country well, each member contributes through their diverse background and experience.

“Previous nominees to serve as NRC commissioners have had exemplary careers leading large organizations, in the legal field, deep policy backgrounds, or impressive scientific and technical credentials.

“Each diverse perspective making the value of the Commission greater than the sum of each member.

“The Commissioners are responsible for leading the organization, making regulatory decisions, and setting policy.

“Given the crossroads that the NRC is facing and the nuclear industry, and Congress’s clear interest in changing the Agency’s culture from the status quo, it is imperative that we take into consideration the breadth and depth of this nominee’s background.

“I believe that the White House has sort of exaggerated Mr. Marzano’s experience in the nuclear energy industry, although I do recognize his training and time working at a power plant.

“As I stated at his confirmation hearing, demonstrating a capacity to follow procedures is fundamentally different than a Commissioner’s role in setting policy, promulgating regulations, and adjudicating significant legal issues.

“We must consider the totality of Mr. Marzano’s background and depth of his experience, particularly at this moment of tremendous importance.

“The overwhelming passage of the ADVANCE Act was a clear message from Congress that the NRC, with the leadership, support, and direction of the Commission, can and should do better to enable the safe use of nuclear technologies.

“Despite this clear direction – Chair Hanson has stated that he views the ADVANCE Act as an ‘endorsement’ of the work that the Agency is already doing, communicating his position to the staff, the NRC’s licensees and applicants, and to Congress that the status quo is acceptable.

“And it appears the NRC staff followed the Chair’s lead.

“The NRC staff’s recommendations to update the Agency’s Mission Statement, as the ADVANCE Act requires the Commission to do, rationalized really doing just the bare minimum to comply with the law.

“Those recommendations missed the mark and I expect the entire Commission will unanimously support a more ambitious Mission Statement than the lackluster staff paper.

“The ADVANCE Act was not an ‘endorsement’ of the status quo.

“After considering Mr. Marzano’s responses to my questions for the record – I do not have confidence that he has the necessary background and experience to be that agent of change at the Commission – or to set the Commission up for the Agency’s next 50 years as Congress just envisioned in the ADVANCE Act.

“So, I will be voting no on Mr. Marzano’s nomination.

“As Congress continues to consider the candidates for this vacancy, the Commission must continue to work efficiently."

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