[Senate Hearing 112-923]
[From the U.S. Government Publishing Office]
S. Hrg. 112-923
NOMINATIONS OF WILLIAM C. OSTENDORFF, RICHARD C. HOWORTH AND LIEUTENANT
GENERAL THOMAS P. BOSTICK
=======================================================================
HEARING
BEFORE THE
COMMITTEE ON
ENVIRONMENT AND PUBLIC WORKS
UNITED STATES SENATE
ONE HUNDRED TWELFTH CONGRESS
FIRST SESSION
ON
THE NOMINATIONS OF WILLIAM C. OSTENDORFF TO BE A MEMBER OF THE NUCLEAR
REGULATORY COMMISSION;
RICHARD C. HOWORTH TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE
TENNESSEE VALLEY AUTHORITY; AND
LIEUTENANT GENERAL THOMAS P. BOSTICK TO BE CHIEF OF
ENGINEERS/COMMANDING GENERAL, U.S. ARMY CORPS OF ENGINEERS
__________
MAY 25, 2011
__________
Printed for the use of the Committee on Environment and Public Works
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COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
ONE HUNDRED TWELFTH CONGRESS
FIRST SESSION
BARBARA BOXER, California, Chairman
MAX BAUCUS, Montana JAMES M. INHOFE, Oklahoma
THOMAS R. CARPER, Delaware DAVID VITTER, Louisiana
FRANK R. LAUTENBERG, New Jersey JOHN BARRASSO, Wyoming
BENJAMIN L. CARDIN, Maryland JEFF SESSIONS, Alabama
BERNARD SANDERS, Vermont MIKE CRAPO, Idaho
SHELDON WHITEHOUSE, Rhode Island LAMAR ALEXANDER, Tennessee
TOM UDALL, New Mexico MIKE JOHANNS, Nebraska
JEFF MERKLEY, Oregon JOHN BOOZMAN, Arkansas
KIRSTEN GILLIBRAND, New York
Bettina Poirier, Majority Staff Director and Chief Counsel
Ruth Van Mark, Minority Staff Director
C O N T E N T S
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Page
MAY 25, 2011
OPENING STATEMENTS
Boxer, Hon. Barbara, U.S. Senator from the State of California... 1
Inhofe, Hon. James M., U.S. Senator from the State of Oklahoma... 3
Webb, Hon. Jim, U.S. Senator from the Commonwealth of Virginia... 6
Cochran, Hon. Thad, U.S. Senator from the State of Mississippi... 7
Wicker, Hon. Roger, U.S. Senator from the State of Mississippi... 8
Cardin, Hon. Benjamin L., U.S. Senator from the State of Maryland 9
Alexander, Hon. Lamar, U.S. Senator from the State of Tennessee.. 11
Lautenberg, Hon. Frank, R., U.S. Senator from the State of New
Jersey......................................................... 12
Barrasso, Hon. John, U.S. Senator from the State of Wyoming...... 13
Carper, Hon. Thomas R., U.S. Senator from the State of Delaware.. 15
Bozeman, Hon. John, U.S. Senator from the State of Arkansas...... 16
WITNESSES
Ostendorff, William C., nominated by President Obama to be
Commissioner, Nuclear Regulatory Commission.................... 17
Prepared statement........................................... 19
Responses to additional questions from:
Senator Boxer............................................ 20
Senator Lautenberg....................................... 24
Senator Udall............................................ 25
Howorth, Richard, C., nominated by President Obama to be a member
of the Tennessee Valley Authority Board of Directors........... 28
Prepared statement........................................... 30
Responses to additional questions from:
Senator Boxer............................................ 32
Senator Inhofe........................................... 34
Bostick, Lieutenant General Thomas P., nominated by President
Obama to be Chief of Engineers/Commanding General, U.S. Army
Corps of Engineers............................................. 36
Prepared statement........................................... 38
Responses to additional questions from:
Senator Boxer............................................ 41
Senator Baucus........................................... 44
Senator Inhofe........................................... 47
NOMINATIONS OF WILLIAM C. OSTENDORFF TO BE A MEMBER OF THE NUCLEAR
REGULATORY COMMISSION; RICHARD C. HOWORTH TO BE A MEMBER OF THE BOARD
OF DIRECTORS OF THE TENNESSEE VALLEY AUTHORITY; AND LIEUTENANT GENERAL
THOMAS P. BOSTICK TO BE CHIEF OF ENGINEERS/CONMMANDING GENERAL OF THE
U.S. ARMY CORPS OF ENGINEERS
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WEDNESDAY, MAY 25, 2011
U.S. Senate,
Committee on Environment and Public Works,
Washington, DC.
The full committee met, pursuant to notice, at 10 a.m. in
room 406, Dirksen Senate Office Building, Hon. Barbara Boxer
(chairman of the full committee) presiding.
Present: Senators Boxer, Inhofe, Cardin, Lautenberg,
Carper, Alexander, Vitter, Barrasso, Boozman, Sessions.
Also present: Senators Webb, Cochran, Wicker.
STATEMENT OF THE HON. BARBARA BOXER, U.S. SENATOR FROM THE
STATE OF CALIFORNIA
Senator Boxer. Good morning, everybody. The Committee will
come to order.
I just want to say before anything else that our hearts go
out to all the people across this country that are dealing with
the most extraordinary weather events. I know that Senator
Inhofe in particular was just, I was just riveted to see what
was going on in Oklahoma. I heard the Governor speak, and I
just, my heart is with everybody there in Missouri and Texas,
it is just happening all over. So I wanted to make sure that
was on the record.
Senator Inhofe. Let me respond to that, please.
Senator Boxer. Yes, please.
Senator Inhofe. It has been a real tragedy. Those of us
from Oklahoma and Kansas and Northern Texas, they call that
Tornado Alley, and a lot of the people, I have been in aviation
for many years, and a lot of people, actually won't even fly
through that area. We have really been through it. Three weeks
ago, we had another community go through it, just like El Reno
in Oklahoma, Piedmont last night. My wife was down in the
basement with a lot of our staff who didn't have basements.
So I appreciate your sympathy for our plight, not just us
but also Texas, Kansas and Missouri, who are having the same
kinds of problems.
Senator Boxer. Thank you for your remarks.
Well, today, we are here to consider nominations for three
important positions within the NRC, the Nuclear Regulatory
Commission; also the Tennessee Valley Authority and the U.S.
Army Corps of Engineers. We have three esteemed colleagues with
us who I will call on after I make a comment. We will try to
hold comments, if we can, until after our colleagues speak.
So I will just do a quick opening, Senator Inhofe will do a
quick opening. After our three colleagues, we will turn to the
rest of our colleagues.
Is that all right with everybody? Good.
So first, I would like to say, Mr. Ostendorff, if you could
raise your hand high, we welcome you. Current commissioner on
the Nuclear Regulatory Commission, he has been renominated for
a 5-year term. We know the NRC is an independent agency created
by Congress to regulate nuclear powerplants and use of nuclear
materials through licensing, inspection and enforcement. By
statute, they are charged with protecting the health and the
safety of the American people and minimizing the danger to life
or property.
We certainly know, after what happened in Japan, that the
NRC is taking steps to do just that. We know that their
resident inspectors have inspected and issued reports on the
104 operating nuclear reactors and their ability to address
power losses or damage during extreme events and following
extreme events. The NRC is conducting a 90-day review of its
processes in light of what happened in Japan. I think it is a
good first step. But I expect the NRC to take a hard look at
current practices and making more improvements to current
safeguards.
I want to quickly say, NRC inspectors have already
identified deficiencies at the two nuclear powerplants in
California. I want to make sure those plants undergo thorough
reviews and implement the changes necessary, because we have
millions of people who live within 50 miles of those.
This committee will hold an NRC oversight hearing next
month, and we will learn more then. So I do look forward to
Commissioner Ostendorff's testimony and response to questions.
I would also like to welcome Richard Howorth. Would you
raise your hand? Hello. Mr. Howorth is nominated to be a member
of the Tennessee Valley Authority. Congress created TVA in 1933
as part of President Roosevelt's New Deal. It was an ambitious
and unprecedented government effort to help a deeply
impoverished area. TVA's mandate is to be a national leader in
technological innovation, low-cost power, environmental
stewardship. We know the great opportunities for jobs that lie
within that mandate.
We understand TVA may expand its reliance on nuclear power.
However, earlier this month, one of TVA's three nuclear plants
received a red finding, the most serious, from the NRC, for a
faulty valve that could have impaired emergency cooling and
could have risked core damage. So in light of what is
happening, TVA needs to make sure its nuclear powerplants are
safe and secure.
So I do look forward to Mr. Howorth's testimony.
Finally, I would like to welcome Lieutenant General Thomas
Bostick, hello, sir, nominated to be Chief of Engineers,
Commanding General of the U.S. Army Corps. General Bostick,
while your nomination is not in our committee's jurisdiction, I
appreciate your agreeing to appear today, given our oversight
responsibility for the Corps' civil works. The Army Corps is so
critical to the people. We know the historic floods on the
Mississippi River clearly demonstrate the importance of flood
control infrastructure. We know General Walsh is working 24-7
on that to spare lives and property.
In my State, we rely on levees. In partnership with the
Corps, Sacramento has invested significant funding to initiate
design and construction of levees. We have extraordinarily
large populations in that flood plain. So there is a lot at
risk there. The Corps maintains harbors, such as in Oakland and
Long Beach, which facilitate the flow of much of our Nation's
commerce. Many of the Nation's most ambitious efforts to
restore degraded ecosystems, such as the Everglades and the
Coast of Louisiana, are led by the Corps.
So I do expect the Corps to play an important role as
efforts continue in all these projects, and in California's Bay
Delta. Strong leadership is needed. I also look forward to
working with everybody on both sides of the aisle, for sure, on
a WRDA bill. We have to get through this matter of figuring out
how you write a bill without naming a project, when that is
what the WRDA bill is. So I don't know another way to do it. I
almost call him my co-chairman, on issues such as this, we
really need to figure it out. We are working to do that.
So that is where we are. It is now my privilege to call
upon my Ranking Member, my friend, Senator Inhofe.
STATEMENT OF HON. JAMES M. INHOFE, U.S. SENATOR FROM THE STATE
OF OKLAHOMA
Senator Inhofe. Thank you, Chairman Boxer. First of all,
the nomination of William Ostendorff to serve the Nuclear
Regulatory Commission, he has served with such dignity in the
past, I don't think anyone can find anyone who knows more about
this issue and this subject than Commissioner Ostendorff. In
his 26-year career in the U.S. Navy, he was elevated to the
rank of Captain, commanded a squadron of attack submarines and
served as the director of the math and science division at the
U.S. Naval Academy.
He also served as counsel for the staff director for the
House Armed Services Committee, which I knew him at that time,
and on Strategic Forces and a principal deputy administrator.
In his current role as commissioner, he contributes knowledge
to the reactor operations and nuclear security issues that is
unmatched by his colleagues. His perspective is essential to
the commission's work as it unravels lessons learned from the
Fukushima accident and concludes its review of the first new
nuclear plant licenses in over 30 years.
It is very significant, I think that I could really cut it
short. I notice that Senator Webb is going to be here to make
an introduction. I also saw this morning, Madam Chairman, an
article that quoted U.S. Senator Patty Murray, that supports
Ostendorff's nomination, given the full slate of issues pending
before the Nuclear Regulatory Commission. I believe it is
imperative that we have a full set of commissioners. So he
enjoys the endorsement of Democrats and Republicans alike.
Today we also will be honored to consider the nomination of
Richard Howorth to serve on the board of the Tennessee Valley
Authority. He was a fellow mayor. I often say to my colleagues
here, you don't know what a hard job is until you have been a
mayor. There is no hiding place. So I know what you have been
through.
Today we will also hear from General Bostick. While the
Chairman is correct in that technically, it doesn't have to go
through this committee, it will be going through the Armed
Service Committee, of which I am the second-ranking member. We
will look forward to treating that nomination.
It is very important, in a challenging time that we have
significant water resources needs across the country, and the
Corps is currently engaged in an historic flood fight along the
Mississippi River. I commend the Corps for their work.
Additionally, in my State of Oklahoma, where many important
water projects, such as the dredging of the McClellan-Kerr
Waterway, a lot of people don't realize that my State of
Oklahoma is actually the home of the most inland port in
America. So we have that dog in the fight too. So we will look
forward to working with you, General, in that new capacity.
Last, the Chairman talked about the WRDA bill and how
important that is, and what our role is going to be at that
time. I would like to finally, I have talked to Senator Boxer
about this, I understand that the staff has talked about trying
to move today's nominees through the committee in the week of
June 4. That is when we come back, next week. I would ask, is
that the intention of the Chair?
Senator Boxer. It is.
Senator Inhofe. Good. I look forward to that, and we need
to keep moving with that.
I only have two other things I want to mention. There was
an article this morning in Politico that talks about the fact
that I have been wanting to have, there is lots of legislation
on some of this regulation, I am talking about the Boiler MACT
regulation, Utility MACT, the cap and trade, the ozone and all
these things, about the cumulative effect it has on business
and industry. It is very significant.
So I have been wanting to, the article this morning, Madam
Chairman, in Politico, said I was going to suggest shadow
hearings. I don't think that will be necessary, because I think
you are looking forward to having those anyway.
Senator Boxer. We are, yes.
Senator Inhofe. All right.
Senator Boxer. Come out of the shadows.
Senator Inhofe. Last, I don't think we are going to be
talking about it today, but we are joining together and trying
to do something with a transportation reauthorization bill. We
have been trying now for a long period of time. The opposition
is not really partisan, it is just opposition. We are going to
try to overcome it with an announcement we are making today.
I might add that I have several people from my State of
Oklahoma who are here and interested in the transportation
bill.
Senator Boxer. Good.
Senator Inhofe. I told them how closely we work together.
Thank you.
[The prepared statement of Senator Inhofe follows:]
Statement of Hon. James M. Inhofe, U.S. Senator from the
State of Oklahoma
Thank you, Chairman Boxer, for holding this hearing. One of the
Senate's more important responsibilities is to offer advice and provide
consent to the President's nominations.
The nomination of William Ostendorff to serve on the Nuclear
Regulatory Commission (NRC) is crucial, especially as the Commission
continues to make important decisions regarding nuclear safety. Only
last year, he was confirmed in the Senate by unanimous consent to serve
the remainder of a term, and President Obama has renominated him to
serve another full, 5-year term. Commissioner Ostendorff's
qualifications are stellar: In his 26-year career in the U.S. Navy, he
was elevated to the rank of Captain, commanded a squadron of attack
submarines, and served as the Director of the Math and Sciences
Division of the U.S. Naval Academy. He also served as Counsel and Staff
Director for the House Armed Services Subcommittee on Strategic Forces
and as Principal Deputy Administrator for the National Nuclear Security
Administration.
In his current role as Commissioner, Ostendorff contributes
knowledge of reactor operations and nuclear security issues that is
unmatched among his colleagues. His perspective is essential as the
Commission works to unravel lessons learned from the Fukushima accident
and concludes its review of the first new nuclear plant licenses in
over 30 years. The public would be ill-served if politics impedes the
confirmation of one of the Commission's most distinguished members--and
the only one with significant reactor operations and nuclear security
experience.
We are also considering the nomination of Richard Howorth to serve
on the board of the Tennessee Valley Authority. Mr. Howorth was Mayor
of Oxford, MS from 2001-2009. In this capacity, he served as chairman
of the Oxford Electric Department, a municipal customer of TVA. He also
served 8 years as a director and officer of the North Mississippi
Industrial Development Association, an economic development consortium
made up of power association directors and mayors of cities in 29
Mississippi counties in the Tennessee Valley Authority service area.
Today, we will hear from Lieutenant General Thomas P. Bostick who
is nominated to be the Chief of Engineers/Commanding General for the
U.S. Army Corps of Engineers. General Bostick has had a distinguished
military career and is currently serving as Deputy Chief of Staff for
the U.S. Army. Although nominations for this post are officially in the
jurisdiction of the Armed Services Committee, I think it's important
that we hear from him given the importance of water resources issues to
this Committee.
General Bostick's nomination comes at a very challenging time--we
have significant water resources needs across the country and the Corps
is currently engaged in a historic flood fight along the Mississippi
River. I commend the Corps for their work and I hope that the committee
will have an opportunity to learn more about the Corps' efforts in the
near future.
Additionally, in my home State of Oklahoma, there are many
important water resources projects--from dredging the McClellan-Kerr
Arkansas River System to 12 feet to the Arkansas River Corridor Master
Plan--that should be priorities.
In previous fiscal years, the Arkansas Senators and I have
requested funding to deepen the McClellan-Kerr Arkansas River
Navigation System to a depth of 12 feet in Oklahoma consistent with the
vast majority of the 445-mile-long System. Currently the portion of the
System in Oklahoma only provides a 9-foot depth. This funding would
deepen the navigation channel to a depth of 12 feet consistent
throughout the System as authorized by the fiscal year Energy and Water
Development Appropriations Act which also provided $7 million of
operations and maintenance funds to begin work for the 12-foot channel.
One billion dollars of trade transportation already reaches ports in
Oklahoma through the McClellan-Kerr System. Barge traffic delivers $1.3
million per day in commerce to Oklahoma. Deepening this channel to 12
foot is not only consistent with the remainder of the System but will
significantly enhance economic development and job creation in
Oklahoma.
The Water Resources Development Act of 2007 authorized the
Secretary of the Army to participate in the construction of features
identified in the Arkansas River Corridor Master Plan for flood risk
management, ecosystem restoration, and recreation. Based on two
independent economic analyses, local officials estimate that
implementation of the Arkansas River Corridor Master Plan would
initially create several hundred jobs. Those estimates grow to creating
nearly 10,000 new jobs after full construction under the Plan.
Implementation of this plan is one of my major priorities.
Improving and investing in the Nation's water resources
infrastructure fosters economic growth, creates jobs, and ensures
Americans' quality of life. Earlier this year, Chairman Boxer and I
signaled our intent to draft and move a Water Resources Development Act
(WRDA). We understand the need for the Administration's involvement in
this process. General Bostick, I hope you will give us your commitment
to work closely with the Committee on this critical piece of
legislation.
Commissioner Ostendorff, Mr. Howorth, and General Bostick, I look
forward to hearing from you.
Senator Boxer. We do. Yes, we do have some great news on
that. We have an agreement on a skeletal bill, which I believe
is going to be very, I think very well received by both sides.
I wanted to say thank you to Senators Baucus and Vitter for
joining with the two of us in a statement. So it is a good day
for this committee, a very good day for this committee.
It is always a good day when we have our colleagues here.
Senator Webb, I understand that you have a pressing issue. Is
it OK, Senator Cochran, if he goes prior? OK, go ahead.
STATEMENT OF HON. JIM WEBB, U.S. SENATOR FROM THE COMMONWEALTH
OF VIRGINIA
Senator Webb. Thank you very much, Madam Chair, Senator
Inhofe, other members of the committee.
I would like to begin by joining you in the condolences
that you expressed. Our fellow Americans who have undergone all
this tragedy with the tornadoes that have ripped through what
Senator Inhofe called Tornado Alley, heavily in Missouri, where
I happen to have been born. All of us share in our willingness
to try to do something to help those communities.
I would also like to thank you, Madam Chair, for your
leadership in agreeing to hold this important hearing in a very
timely manner, just after the President renominated
Commissioner Ostendorff to serve a full 5-year term as
Commissioner of the Nuclear Regulatory Commission, and to
congratulate the other two nominees who are before you today.
General Bostick has done a wonderful job in the Department of
the Army, as manpower chief. I am the personnel committee chair
that oversees that, and I wish him the best in his new
assignments.
I recently traveled to Japan, and during discussions on a
wide variety of issues was allowed, actually brought by the
Japanese self-defense forces up to the Sendai area, and was
able to take a visual reconnaissance of that area of Japan that
was so tragically devastated by the earthquake and tsunami and
the aftermath of that. I would agree with the points that you
made, Madam Chairman, that the incident in Japan will require
the incorporation of a large number of lessons learned that may
impact the management of our nuclear sector here. That review,
and a host of other issues, will require credible and capable
leaders.
I don't believe we could find a more credible or more
capable leader with the type of background and skill sets that
Commissioner Ostendorff has brought to the NRC. Senator Inhofe
mentioned a number of these credentials, but let me go over
them quickly. He is a graduate of the Naval Academy and
Georgetown Law Center. He has followed a strong career path,
not only with hands-on experience in the Navy, but also in the
Congress as someone overseeing policy at the Department of
Energy, the National Academies, and at the NRC.
While on active duty in the Navy, Mr. Ostendorff served on
six submarines, including as commander of the USS Norfolk
attack submarine. He also commanded 1,200 men and women of
submarine squadron six, based in Norfolk, VA. After retiring,
he joined the Strategic Forces Subcommittee of the House Armed
Services Committee, as Senator Inhofe pointed out, serving as
counsel and staff director, with oversight responsibilities of
the Department of Energy's atomic energy defense activities.
In 2007, he was confirmed by the Senate to become principal
deputy administrator of the National Nuclear Security Agency.
In 2009, he joined the National Academies as director of the
Committee of Science, Engineering and Public Policy. During the
14 months that Mr. Ostendorff has served as an NRC
commissioner, he has carried his integrity, professionalism and
good government approach to execute the NRC's principle of good
regulation. Mr. Ostendorff and his wife, Chris, are residents
of Oakton, VA. They have three children. Their daughter, Becky
is an attorney in New York City. Their son, Chuck just left the
Army last week as an Army captain after two combat tours in
Iraq. Another son, Jeff is a backpacking guide with the Boy
Scouts in New Mexico.
So I again would like to express my gratitude for your
moving forward with this nomination on a very timely basis. I
believe that what Mr. Ostendorff brings to the NRC is going to
be extremely valuable as we evaluate our nuclear programs in
the future.
Thank you, Madam Chair.
Senator Boxer. Thank you so much, Senator. We know you need
to rush off, so please do that.
We are very honored to have Senator Cochran here.
STATEMENT OF HON. THAD COCHRAN, U.S. SENATOR FROM THE STATE OF
MISSISSIPPI
Senator Cochran. Madam Chairman, thank you very much. I am
very pleased to be here to introduce and recommend Richard
Howorth from Oxford, MS for confirmation on the Tennessee
Valley Authority board.
Mayor Howorth has served as mayor of Oxford, MS, so he is
familiar with the challenges of public service. But he
acquitted himself very well. He and his entire family are some
of the finest citizens we have in our State. So I am sure he is
going to reflect credit on all of us through his service on the
TVA board. I am pleased to be here today with my colleague to
recommend his confirmation.
He and his fine family are active in a wide range of civic
and educational interests, the schools, the chamber of
commerce, the development authority in the region. It is so
important to our continued growth and prosperity. So it is
without any qualms whatsoever, but with a great deal of
pleasure and appreciation that I recommend Richard Howorth for
confirmation in this important position.
Senator Boxer. Thank you so much for taking the time out of
your hectic day to come here for Mr. Howorth. I think you are
doubly honored, because you have Senator Wicker here.
STATEMENT OF HON. ROGER WICKER, U.S. SENATOR FROM THE STATE OF
MISSISSIPPI
Senator Wicker. Thank you, Madam Chair, and let me say that
Senator Cochran knows the importance of brevity. I will try to
follow suit. I know there are demands on your time today.
I have a prepared statement, which I ask you to include in
the record at this time.
Senator Boxer. Without objection, so ordered.
Senator Wicker. Let me simply echo what Senator Cochran has
said. We are both very supportive of this nomination. TVA is
very important to the economy, not just the power generating
part of it, but the job creating part, very important to the
economy of our State. As a matter of fact, my home town of
Tupelo is known as the first TVA city. Some 329,000 households
in Mississippi in 36 counties are served by TVA.
So I want to commend the Administration for nominating a
Mississippian and a fine Mississippian for the TVA board.
Richard Howorth is himself a small business person, as Senator
Cochran said. He was mayor of Oxford for 8 years, and he did
such a fine job as mayor of Oxford, Madam Chair, that Senator
Cochran, my colleague, was persuaded to move to Oxford during
the administration of Richard Howorth.
[Laughter.]
Senator Wicker. Richard understands the importance of
working together at the municipal level with TVA. He is smart,
he is cooperative. He had a wonderful run as mayor, and you
will like him and you will enjoy working with him as a board
member of TVA.
Thank you very much.
[The prepared statement of Senator Wicker follows:]
Statement of Hon. Roger Wicker, U.S. Senator from the State of
Mississippi
Thank you, Madame Chairman and distinguished members of the
Committee on Environment and Public Works. I appreciate the opportunity
to be here today to offer my support for fellow Mississippian, Richard
Howorth, to serve on the board of directors of the Tennessee Valley
Authority.
TVA is important to all of us because it is the Nation's largest
public utility, but it is especially important to Mississippi. In fact,
my hometown of Tupelo is proud to be known as America's first TVA city.
TVA utilities are located in 36 counties and serve more than 329,000
households in Mississippi. Their service area covers 15,551 square
miles, about one-third of the entire State of Mississippi and about 18
percent of TVA's territory.
TVA also has made significant contributions in the area of economic
development in Mississippi. In fiscal year 2010, 7,300 jobs were
created or retained in Mississippi, and $534 million was invested our
State by TVA. TVA's effective partnerships with its customers and
communities in Mississippi have helped to produce quality jobs and
resulted in significant investments in new and existing companies in
Mississippi. TVA has announced plans for 33 expansion project locations
in Mississippi.
TVA's innovative programs and financial assistance combine to
create powerful tools for sustainable economic development that we hope
will continue for years and years to come.
Given these facts, Mississippi deserves representation on the TVA
Board of Directors. I was pleased to see President Obama nominate
Richard Howorth, who possesses a wealth of public and private sector
experience that will serve him well on the Board of Directors for TVA.
As Mayor of Oxford, 1 of 14 municipally run electric departments in
TVA's 36-county Mississippi service area, Richard Howorth became
intimately familiar with the ins and outs of TVA. Earlier, Mr. Howorth
served 8 years as director and officer of the North Mississippi
Industrial Development Association, an economic development consortium
related to TVA.
It is also important to note that Mayor Howorth is both a household
and business consumer of TVA power. For 32 years, he and his wife,
Lisa, have owned Square Books--a wonderful independent book store--on
the historic square of Oxford, MS. I believe his unique combination of
private and public experience will provide TVA with an invaluable
perspective.
I congratulate Mayor Howorth on his nomination and I look forward
to working with him in this new endeavor.
Senator Boxer. Thank you both so very much. We appreciate
it.
Mr. Mayor, you should be greatly honored.
Now we are going to turn to our colleagues in the order of
their arrival. While you leave, we will start their statements,
and then we will call up our first nominee. Let's start with
Senator Cardin. On our side it is Cardin, Lautenberg, Carper.
On the Republican side, it is Alexander and Vitter.
STATEMENT OF HON. BENJAMIN L. CARDIN, U.S. SENATOR FROM THE
STATE OF MARYLAND
Senator Cardin. First, Madam Chair, let me thank our
colleagues for their introduction. It certainly helps us when
the colleagues from the State in which the nominees are
nominated from are here to share their personal knowledge of
their qualifications.
I want to thank all three of our nominees for their
willingness to serve in the public. It is not an easy time, on
any of the three positions that are the subject of today's
hearing to serve. So we thank each of you and we thank your
families for your continued sacrifice.
To Mr. Ostendorff, as far as the Nuclear Regulatory
Commission is concerned, extremely important position. In
Maryland, of course, we have the Calvert Cliffs nuclear
facility, which is extremely important to our economy in
Maryland. As we look forward to a nuclear power policy in this
country, the Nuclear Regulatory Commission will play a critical
role. You come to this hearing with incredible credentials and
experience. We look forward to your testimony and we look
forward to your continued service.
In regard to Mayor Howorth, again, thank you for your
service. The Tennessee Valley Authority is not only important
for energy, it is important for land management and flood
control. It is a very important agency. You bring to this
position the type of experience that I think is very valuable
for the Tennessee Valley Authority. We thank you very much.
To Lieutenant General Bostick, you are assuming a position
of incredible importance to our Nation. In the State of
Maryland, we depend upon the Army Corps for many water projects
to keep our economy flowing, not the least of which is the Port
of Baltimore, which is critically important to our economy. I
think it is $2 billion of the Maryland economy. Critically
important.
We need to get to have the Army Corps focus on the present
challenges. At the present time, Poplar Island, which is a
model project for environmental restoration and a site for
dredged material, has been a very important project that is
serving now, I think, as a model for other places in the
country. I mention that, because there are still funding needs
to complete Poplar Island, and the Army Corps has done an
incredible job. But Mid-Bay is the next site, and Mid-Bay has
already passed the Chief's report and has been approved to move
forward.
The challenge, and I talked to the Chairman about this, the
challenge is that this project needs to be authorized through
Congress, through our Water Resources legislation. The
challenge is how the Administration is going to help us make
sure that we move forward with these types of important
projects. So during your confirmation process, I want to make
sure that we have you focusing on how we can move these types
of projects forward, which are critically important to our
economy and jobs, not just in Maryland, but around the Nation.
We also want to make sure that the work that you do
continues the tradition of the Army Corps to be sensitive to
our environment, and we will be asking for your comments in
that regard.
So Madam Chair, I am going to put my entire statement into
the record. I will look forward to the witnesses' testimony.
[The prepared statement of Senator Cardin follows:]
Statement of Hon. Benjamin L. Cardin, U.S. Senator from the
State of Maryland
Madame Chairman:
Thank you for holding this hearing today.
I look forward to hearing from the nominees, each of whom is being
considered for a role that is critically important to the protection of
our environment, with implications for human health and safety,
economic growth, and countless other issues of vital importance to our
Nation.
The Nuclear Regulatory Commission provides the regulation and
safeguards that are so crucial to the operation of our Nation's nuclear
system. My home State of Maryland is home to one operating nuclear
plant, Calvert Cliffs in Calvert County, and its safe and reliable
operation is of paramount importance to my constituents.
In addition to providing electricity to millions of people
throughout the southeast, the Tennessee Valley Authority provides
critical flood control, land management, and economic development
services for the Tennessee River system. Because of its wide reach, the
TVA's policy decisions--including with respect to such issues as coal
ash, coal-fired plants, and mountaintop removal mining--have
significant impacts on environmental quality in the region.
I am especially interested to learn more from Lt. Gen. Bostick, who
is nominated to lead the U.S. Army Corps of Engineers. I represent a
State that is home to a number of critical Army Corps civil works
programs.
The Chesapeake Bay is the largest estuary in the Nation: home to an
invaluable diversity of animal and plant life and a major economic
driver for the entire mid-Atlantic region. The Corps' oyster and
habitat restoration, shoreline protection, and sediment management
programs are critical to the health of the Bay.
The Port of Baltimore, one of the largest ports on the east coast
and worth about $2 billion per year to Maryland's economy, is in the
midst of a major expansion that will make it even more central to the
global shipping economy. The navigation channels serving the Port of
Baltimore are therefore critical to Maryland's economic future and that
of the Nation. Beyond the Port of Baltimore, Maryland also has more
than 70 smaller Corps of Engineers navigation projects around the
Chesapeake Bay and Atlantic Ocean. In Western Maryland, the Corps
provides essential flood protection and water supply services in
Western Maryland.
As you can see, the Corps of Engineers is deeply involved in the
safety, economic well-being, and environmental health of the State of
Maryland. I therefore anticipate working especially closely with Lt.
Gen. Bostick going forward.
I want to thank each of the nominees for their time; I look forward
to their testimony.
Senator Boxer. Thank you so much, Senator.
Senator Alexander.
STATEMENT OF HON. LAMAR ALEXANDER, U.S. SENATOR FROM THE STATE
OF TENNESSEE
Senator Alexander. Thanks, Madam Chair. I want to
congratulate the President for three excellent nominations.
First, for the Tennessee Valley Authority, while most of TVA
serves Tennessee, it serves other States in important ways, and
it strengthens the Tennessee Valley Authority to have strong
nominees from other States.
I will be looking forward to talking with Mr. Howorth about
what his thought is about the mission of TVA today, and
especially in light of the $4 gasoline prices, what we can do
to encourage the use of electric cars and trucks. TVA is a
Federal utility, it ought to be a model for the rest of the
country. It is astonishing to me that we sit here worrying
about $4 gasoline when we have enough fuel sitting on the
sidelines in terms of unused electricity at night, which could
power 40 percent of our cars and trucks at a lower cost without
using oil. A big utility like TVA ought to be able to do
something about that.
As far as the Nuclear Regulatory Commission, Mr. Ostendorff
has been twice in the last year to the only nuclear reactor in
America currently under construction. That is in the TVA
system, at Watts Bar. I will be interested in talking with him
about his sense of the progress there, and the interaction of
that with the TVA decisions. For example, TVA has just decided
to close some coal plants and put pollution control equipment
on others. But if it does that, where will it get its energy?
It will have to come from nuclear power.
So TVA is at the same time a leader in the country on
nuclear power, a leader in the country on energy efficiency, a
leader in the country on clean air, because of the number of
pollution control devices it will be placing on its coal plants
between now and 2020. It is important that the Nuclear
Regulatory Commission have strong leadership, people who are
not afraid of nuclear power, but are not afraid also to ask
tough questions about it and make sure that our plants are
operated safely, as they have been.
I think it is always important, particularly in light of
the tragedy in Japan, that we remember that the nuclear
reactors that Mr. Ostendorff worked on when he was in the Navy,
there are 104 of them today, there has never been a fatality
since the 1950s. There has never been a fatality in any of the
civilian reactors. We have 104 of those. We want to keep it
that way. So that is why I am glad Mr. Ostendorff is here.
I want to also welcome Mr. Howorth's family, whom I had a
chance to meet earlier.
General Bostick, I thank you for your willingness to take
on this responsibility. I want to congratulate the Corps of
Engineers for what in my judgment is an excellent job of
management of the Mississippi River during the last several
weeks. It hasn't been easy for a lot of families who have been
hurt by the flooding. But that wasn't the Corps' fault, the
Corps managed things well and the levees seemed to work at
Memphis and apparently in New Orleans and other places. Colonel
Reichling and others have done a good job. I want to thank you
for that, because I know the Corps gets lots of advice and
comments.
One thing I want to be asking you about, and I hope you
will be thinking about it, is the Inland Waterway Trust Fund.
The Chickamauga Lock is an example. We all ask about the locks
and the harbors that matter to us. Chickamauga matters to
Tennesseeans. It is crumbling, it will have to close in a few
years if it is not fixed. Nothing is happening there.
My question is, why is it not on the priority list, No. 1,
and No. 2, why did the Corps walk away from a proposal from
industry to raise fees on itself to put another money in the
Inland Waterway Trust Fund to be able to move ahead with very-
needed projects like the Chickamauga Lock? If the Corps is
going to walk away from a proposal by industry to basically tax
itself, then what is the Corps' proposal for dealing with these
urgent projects?
I want to ask about that when the time comes. But I thank
you, Madam Chair. I think these are three excellent nominees. I
look forward to supporting them and to having a chance to ask
questions of the three of them.
Senator Boxer. Very good.
Senator Lautenberg.
STATEMENT OF HON. FRANK LAUTENBERG, U.S. SENATOR FROM THE STATE
OF NEW JERSEY
Senator Lautenberg. Thank you, Madam Chair.
I want to begin by thanking today's nominees for agreeing
to serve our country. I too want to commend the Chairman for
mentioning the difficulties in Missouri and along the
Mississippi River. We send our condolences, and I hope that we
will stand up and send our services there as requested, when we
face that, when we have a chance to do it.
If confirmed, William Ostendorff, Lieutenant General Thomas
Bostick and Richard Howorth will play a significant role in
protecting our country's environmental and economic well-being.
William Ostendorff is nominated, as you know, to be a member of
the NRC, which is critical to keeping America's nuclear
facilities and materials safe and secure. There was a time not
too long ago when one couldn't mention nuclear in full voice,
because we didn't know what the reaction was going to be in the
public. The reaction now says it is a vital part of our power
production, and we have to figure out the safest ways to do it.
This mission is always important, but it has taken on an
added urgency in the aftermath of the disaster in Japan, where
the world's worst nuclear emergency since Chernobyl is still
unfolding. Fortunate, there have been few nuclear accidents and
few injuries here in the United States. But we can't afford to
take our success for granted. Today's New York Times has an
article, and the headline there says, ``Risk from spent nuclear
fuel is greater in the United States than in Japan,'' so says
the study. We will have a chance to talk about that.
This means revisiting the laws intended to keep nuclear
plants safe by strengthening the NRC's regulation and ensuring
plants are all in compliance at all times. It also means doing
a better job making sure that Americans know what to do in the
case of a nuclear emergency.
In March, I was troubled to learn that when American
citizens in Japan were told to stay at least 50 miles away from
the site of the meltdown, in our country the NRC's emergency
guideline required only plans to evacuate people to an area 10
miles from a plant. We shouldn't be sending mixed signals to
the public. The stakes are too high. This is one reason why it
is so important to ensure that all the seats on the NRC are
filled. These five commissioners are among our country's most
important guardians, and we need leaders to fill these seats
and to help our country make sure nuclear facilities are
protected and the public is prepared if a crisis arises.
Safeguarding the public is also the critical mission of the
Army Corps of Engineers, which builds the infrastructure that
keeps our economy moving and protects our communities. This
includes the dams, levees and beaches that shield homes and
businesses during major storms. We are learning these lessons
only too quickly and too sharply. The engineering and expertise
that the Corps provides saves lives. That is why I am pleased
to be working closely with the Corps on several important
projects in my home State. I look forward to discussing the
Corps' work with Lieutenant General Thomas Bostick, who is
nominated to be the Chief of Engineers and Commanding General
there.
Finally, Richard Howorth, nominated to the board of
directors of the Tennessee Valley Authority, which provides
electricity for 9 million customers in seven States. What an
asset the TVA is. The Government owns the Authority, ensuring
its goal remains public service and not private sector profit.
So we have to make the Authority a model for environmentally
sound energy practices, using it as a foundation to build a
cleaner energy future for the United States.
Madam Chairman, I look forward to hearing from all of
today's nominees. We have an excellent group of people that are
going to appear. I look forward to hearing their testimony.
Thank you very much.
Senator Boxer. Thank you, Senator Lautenberg.
Now Senator Vitter has asked that he retain his extra 5
minutes, so he will have 10 minutes in the question period. Is
there any objection to that? If not, it is fine with us.
So we will call on Senator Barrasso at this time.
STATEMENT OF HON. JOHN BARRASSO, U.S. SENATOR FROM THE STATE OF
WYOMING
Senator Barrasso. Thank you very much, Madam Chairman.
I would like to first thank and welcome the nominees who
are here with us today, and want to congratulate each and every
one of you and also want to thank your family members and
congratulate you as well.
I had a chance to visit with Mr. Ostendorff. You have
exemplary credentials and experience in the field, currently
serving on the Nuclear Regulatory Commission. I believe it is
important, as stated by the NRC chairman and by others that the
Commission needs to operate at full strength. I believe it is
important that that be done quickly and the American people do
not want their elected representatives playing politics with
nuclear safety. The nuclear incident in Japan is a stark
reminder of that.
So as the Ranking Member of the Clean Air and Nuclear
Safety Subcommittee, I believe it is vital to have the full
complement of commissioners available to address the safety
reviews of our domestic nuclear powerplants and urge swift
confirmation of Mr. Ostendorff.
One of the key qualities for any nominee before us today is
that they make decisions in a transparent way. I believe that
major decisions that have real policy implications on the
ground need to be transparent. Decisions that impact farmers,
ranchers, small business owners, local communities, all need to
be conducted through the appropriate administrative procedures
required by the law.
When an agency seeks to change or implement rules that will
have consequences on the public, it must adhere to the
rulemaking procedures of the Administrative Procedures Act. For
example, the Supreme Court says there was a limit to the Clean
Air water jurisdiction. Congress also said that there was a
limit to the Clean Water Act's jurisdiction when it said waters
needed to be navigable.
Well, the EPA and the Army Corps of Engineers now have
issued what they call guidance that doesn't strike any
meaningful limit on Clean Water Act permitting authority over
wet areas of the 50 States. The agencies have stated that they
intend to finalize this guidance and then potentially do a
rulemaking in the future.
Now, I disagree with this approach and I believe that it
violates the requirements of the law. If the agencies want to
eliminate the limits on their jurisdiction, then they should be
asking Congress for that authority. However, I doubt that
Congress would grant that request. When changing a regulation,
the Agency should follow the Administrative Procedures Act.
Unfortunately, this Administration is instead making major
decisions through guidance. The proposed guidance is intended
to and will have a material impact on Clean Water Act
permitting and enforcement nationwide, and multiple industries
and stakeholders will be subject to the new criteria set forth
by the agencies.
The response from the Administration to these concerns is
that this is ``simple guidance,'' it does not have the force of
law, and that at some point, there may be a rulemaking. Well,
this is a 40-page document. This is the guidance document. To
say it has no real impact on the ground for folks, I am just
not buying it. I think it does have an impact.
The president of the American Farm Bureau stated on April
18, and I have a poster, he said ``The proper procedure for
putting Federal policy in place is either by proposing formal
rules after taking public comments into consideration or
proposing legislation for Congress to consider. This current
regulatory guidance effort for the Clean Water Act circumvents
that process, implements controversial new policy and expands
the Federal Government's regulatory reach without public input
or Congress' authorization.''
I agree with that statement by the president of the
American Farm Bureau. This is not how major decisions that
affect the lives of people all across this country should be
made.
I would hope that General Bostick, who is the
Administration's nominee to head up the U.S. Army Corps of
Engineers, would agree that ``guidance'' is not how we should
be making major policy decisions. I would hope as the nominee
moves through the confirmation process that we get more
concrete assurances from this Administration as to exactly when
a rulemaking on this issue will commence.
I want to thank the Chair and look forward to the
testimony. Thank you, Madam Chairman.
Senator Boxer. Thank you very much.
So we will next go to Senator Carper.
STATEMENT OF HON. THOMAS CARPER, U.S. SENATOR FROM THE STATE OF
DELAWARE
Senator Carper. Thanks very much. Our witnesses, our
nominees, Commissioner Ostendorff, Mr. Howorth, General
Bostick, it is very nice to see you, General. Always glad when
you can come to Delaware, thanks for doing that. We look
forward to hearing your testimony and your response to our
questions.
Madam Chair and colleagues, I am impressed by the technical
breadth and depth of each of these three nominees and the set
of skills that they bring to the positions for which they have
been nominated or renominated. As chairman of the Senate
Subcommittee on Clean Air and Nuclear Safety, which oversees
both the Tennessee Valley Authority and the Nuclear Regulatory
Commission, I am especially happy to see us moving forward with
Commissioner Ostendorff's and Mr. Howorth's nomination today.
Over the years, along with other members of this committee,
I have worked with the Nuclear Regulatory Commission to ensure
that we establish a culture of safety in our U.S. nuclear
energy industry. In no small part because of the hard work by
the NRC commissioners and the NRC staff, we have not seen any
direct, as Senator Alexander mentioned earlier, direct deaths
from nuclear powerplant radiation exposure in this country in
gosh, 50 years.
However, the events that struck Japan, Alabama and recently
Joplin, MO, are reminders that we are all vulnerable to
unexpected disasters, whether they are an act of nature or a
terrorist attack. While we cannot predict when or where the
next major disaster will occur, we know that adequate
preparation and response planning are vital if we are to
minimize injury and death when it does happen. It is especially
true for nuclear powerplants.
While I am a proponent of clean energy, my top priority for
nuclear power remains public safety. Under this committee's
encouragement, the NRC is currently reviewing our domestic
nuclear fleet to make sure that every precaution is being taken
to safeguard the American people from a similar nuclear
incident and we anxiously await their results.
I expect and the public expects that the NRC must be a
strong, independent and effective regulator, a regulator that
acts firmly and decisively, a regulator that acts openly and
transparently, a regulator that produces results and is worthy
of the public's confidence. In sum, when it comes to domestic
nuclear power, the NRC must ensure the Nation's health, safety
and security and the protection of the environment as it
pertains to nuclear power.
Although Commissioner Ostendorff and I don't agree on every
single issue, I might add I don't agree on every issue with my
wife, but he has shown a commitment to safety and to make the
NRC a very strong and impartial regulator. For that, we thank
him. At a time when we have so many challenges in the nuclear
industry, I hope we can quickly move forward on the nomination
process for Commissioner Ostendorff and make sure that we have
a fully complemented NRC.
In the past few years, the TVA has also seen its fair share
of challenges, as we know. Being a Federal corporation means
higher responsibilities. A few years ago, TVA was not meeting
them. Two years ago, I called on TVA's board of directors to
change its culture: clean energy, conservation and transparency
that are needed to be a priority, not an afterthought. I felt
that TVA needed to be on the forefront of new, clean energy,
and not a laggard.
So far, I believe that TVA has stepped up to the plate and
met that challenge. I look forward to at today's hearing to
hearing how Mr. Howorth will help TVA continue on this path. We
welcome you today.
I believe all three of these nominees, Madam Chair, fill
critical leadership vacancies that help provide a vital balance
and strengthen the Nuclear Regulatory Commission, the Tennessee
Valley Authority and the Army Corps of Engineers. I want to
thank each of you for being here today and for your willingness
to serve our country in these important roles.
Thank you.
Senator Boxer. Thank you, Senator.
Senator Boozman.
STATEMENT OF HON. JOHN BOOZMAN, U.S. SENATOR FROM THE STATE OF
ARKANSAS
Senator Boozman. Thank you, Madam Chair and Ranking Member
Inhofe, for having the hearing today.
I want to thank the nominees for their history of service
and their continued willingness to serve our country. You all
have impressive backgrounds and credentials. Mr. Howorth, I
have not had a chance to visit with you, but I appreciate your
willingness to serve at TVA and look forward to reviewing your
testimony.
General Bostick, congratulations on your nomination. I
appreciate your appearing before the committee. The Civil Works
program of the Corps is so important to the Nation. If
confirmed, your responsibilities in this new role will be
great. The Corps has been asked to do more with less. I want to
help the Corps become more efficient and effective. I will
support providing the tools and resources the Corps needs to
accomplish each mission. I look forward to reviewing your
testimony.
Commissioner Ostendorff, thank you for decades of service
to the country. I am glad that President Obama has renominated
you to continue your service on the Nuclear Regulatory
Commission. I know that you have been confirmed by the Senate
twice before to important positions, including to serve as
Principal Deputy Administrator at the National Nuclear Security
Administration. You served our country in uniform for 26 years.
All the current Commissioners have strengths, but you are the
only current Commissioner with real-world hands-on experience
dealing with nuclear reactors. Your service on the six nuclear-
powered submarines and as the commanding officer of a nuclear
attack submarine squadron with eight nuclear attack submarine
provides you with a unique background.
The Nuclear Regulatory Commission needs to operate at full
strength with five members. This is especially true as the
Commission conducts the review of safety at existing U.S.
nuclear powerplants that has been ordered by President Obama.
Based on your experience, background and record of service, I
hope the Senate will move quickly on your nomination so that
you can continue your important work.
With that, I yield back.
Senator Boxer. Thank you so much, Senator.
So at this time, we will ask our honored nominees to take
their seats together at the podium. We will start with Hon.
William Ostendorff.
Mr. Ostendorff, do you have any members of your family or
friends you would like to ask to stand?
Mr. Ostendorff. Madam Chair, unfortunately, none could be
here today. My wife is administering special education
standards of learning in the State of Virginia, so she could
not attend. But I appreciate the invitation, thank you.
Senator Boxer. Well, good for her. Go right ahead, sir.
STATEMENT OF WILLIAM C. OSTENDORFF, NOMINATED BY PRESIDENT
OBAMA TO BE COMMISSIONER, NUCLEAR REGULATORY COMMISSION
Mr. Ostendorff. Thank you, Madam Chair, Senator Inhofe and
members of the committee. I appreciate the kind introduction
earlier by Senator Webb. I am certainly grateful to President
Obama for nominating me to a 5-year term on the Commission. If
confirmed, I look forward to continuing my work with this
committee and with the NRC.
This is my third appearance before this committee. I am
grateful for your leadership and oversight commitment to the
NRC's mission.
When I last appeared here in May 2010, I had been in office
just over 1 month. Now I have 14 months under my belt, and an
even greater appreciation for the mission of the NRC. It has
been a true privilege to serve our country as a commissioner,
and I hope to continue to have that opportunity after June 30.
In the last 14 months, I have worked and closely with all
my colleagues, Chairman Jaczko, Commissioners Svinicki,
Apostolakis, and Magwood, to tackle the work we have before the
Commission. My colleagues on the Commission bring a diverse set
of experiences and knowledge to the table. I value and respect
their insights.
The Commission has been involved in a number of important
issues related to nuclear safety and security over the last
year. Together, we have accomplished a great deal. I have cast
votes in well over 200 matters in the last 14 months as a
commissioner.
Throughout my tenure, I have done my best to adhere to the
NRC's principles of good regulation: independence, openness,
efficiency, clarity and reliability. I have also strived to get
out frequently to visit our regulated facilities. Pursuant to
my open door policy, I have met with people of all backgrounds
and opinions, both those in favor of and those opposed to
nuclear power. I have found that doing that enriches my
perspective as a regulator.
As this committee well knows, the events at Fukushima are
tragic and significant. I am fully supportive of the NRC's task
force the Commission approved on March 23 of this year. I am
fully committed to systematic and methodical review of the
lessons learned from Fukushima and how they may be applied to
improve our nuclear safety regulation. I know that if we need
to make changes to our regulatory framework as a result of this
accident, we will.
Madam Chair, Senator Inhofe, members of the committee, I
appreciate the opportunity to be here today and I look froward
to your questions. Thank you.
[The prepared statement of Mr. Ostendorff follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Senator Boxer. Thank you very much.
Mayor Howorth.
STATEMENT OF RICHARD HOWORTH, NOMINATED BY PRESIDENT OBAMA TO
BE A MEMBER OF THE TENNESSEE VALLEY AUTHORITY BOARD OF
DIRECTORS
Mr. Howorth. Good morning, Chairman Boxer and Ranking
Member Inhofe and distinguished members of the committee. I am
honored to have been nominated by President Obama to serve on
the board of directors of the Tennessee Valley Authority. I am
also very grateful to Senators Cochran and Wicker for coming
here this morning and expressing support. I appear humbly
before you today.
I also want to thank you for all of your welcoming comments
and the graciousness you have extended to my family.
Senator Boxer. Would you like to introduce them? Why don't
you stand up.
Mr. Howorth. My wife, Lisa, and Claire, my oldest child.
Senator Boxer. That is very nice.
Mr. Howorth. She came down on the train from New York.
Senator Carper. Which is which? I am sorry.
[Laughter.]
Mr. Howorth. As one who has had a lifelong interest and
stake in the progress of the region where I am from,
Mississippi in particular, I must say that the TVA has been and
remains a vitally important entity. It has a great track record
of providing low-cost, efficient and reliable power to the many
municipal and co-op power associations that serve as its
distributors and has brought great benefits to ratepayers and
economic development in our area.
A recent example of that is the Blue Springs auto
manufacturing site, which is 40 miles away from Oxford, where I
live. Toyota is reportedly on track to begin producing its
fuel-efficient Corolla model this fall, creating 2,000 new jobs
in Mississippi. A key attraction to that site was the presence
of TVA.
As mayor of Oxford, the Oxford Electric Department is a
municipal enterprise. I served as chairman of the authority
that oversaw the department. Thus I am familiar with TVA as a
municipal customer. As a member of the board of directors of
the North Mississippi Industrial Development Association, I
also had contact with TVA's economic development initiatives
and their staff, whom I have found to be quite effective.
I believe both my for-profit and public service experiences
can contribute to the TVA board's strength. I started my own
business 32 years ago, with $10,000 that Lisa and I had saved,
combined with a $10,000 loan that I secured after three
attempts to persuade the banker that I had a solid proposal.
The business grew well over time, eventually reaching a point
where I could delegate its management in order for me to have
the time to lead a national trade association, and then later
serve as mayor of Oxford, a full-time position.
The experience of wearing three different leadership hats
has taught me the necessity of healthy communication with
customers or stakeholders or constituents, the proper distance
a board member takes to a chief executive and staff of an
organization, the importance of trust and respect among fellow
board members, and indeed, within an entire organization, and
the tremendous responsibilities and obligations a Government
authority has to the general public.
I am a big believer in planning, a key component of my
mayoral administration and my trade association experience as
well. Leadership in the trade association involved undergoing
major industry and legal transitions, which would have proved
disastrous without extensive strategic planning, an initiative
that I chaired. With the city of Oxford, we created the city's
first major comprehensive plan in 30 years, which paved the way
for a robust annexation, historic preservation, major
infrastructure expansion, the city's first sustainability
committee, and its first public transit system.
Oxford Electric Department also required attention,
enhancing technical staff and bringing in a new superintendent
who made both the field and the clerical sides of the
department operate more efficiently. Those who know me at home
I hope would tell you that I have a strong work ethic.
If confirmed as a board member of the TVA I will be engaged
in and committed to its ambition to be an industry leader for
safety, technological innovation, low-cost reliable energy and
environmental stewardship. As we face rising demand for energy
against the backdrop of increasingly extreme challenges that
exist in generating power, I am particularly eager in working
to make the TVA, being the unique public entity that it is, a
national leader in conservation.
Thank you for your time. I look forward to your questions.
[The prepared statement of Mr. Howorth follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Senator Boxer. Thank you so very much.
Now, Lieutenant General Thomas P. Bostick. General, if you
want to introduce anyone, feel free to do so.
STATEMENT OF LIEUTENANT GENERAL THOMAS P. BOSTICK, NOMINATED BY
PRESIDENT OBAMA TO BE CHIEF OF ENGINEERS/COMMANDING GENERAL,
U.S. ARMY CORPS OF ENGINEERS
General Bostick. Thank you, Madam Chairman, Ranking Member
Inhofe and members of the committee. I am honored to appear
before you today as the nominee to be Chief of Engineers and
Commanding General of the U.S. Army Corps of Engineers.
I want to thank the President, the Secretary of Defense and
our Army leadership for this opportunity to continue serving
this great Nation. I also join in the condolences for those
affected by the tornadoes and the flooding throughout the
country.
It has been my privilege to serve the country in uniform
for the past 33 years. The Bosticks are a typical Army family,
engaged in military and community service. My wife, Renee, who
could not be here today, is an elementary school principal in
Arlington, and my son, Joshua is an undergraduate student in
California.
My father was an Army Master Sergeant and my father-in-law
a Marine Corps Sergeant Major. So it has been an honor for all
of us to serve the Nation.
For the past 18 months, I have served as the Army's Deputy
Chief of Staff for Personnel, responsible for 1.1 million
soldiers and over 300,000 civilians. I had the opportunity to
lead the Army's recruiting command for nearly 4 years, where
our soldiers were the face of the U.S. Army all across America.
I deployed with the First Cavalry Division and served with the
Corps of Engineers in Iraq.
I had several opportunities as a young officer to learn at
the strategic level here in Washington, as executive officer to
the Chief of Engineers during the 1993 floods that devastated
much of the Midwest, as special assistant to the Secretary of
Veterans Affairs, and as executive officer to the Chief of
Staff of the U.S. Army. These diverse experiences have prepared
me to lead one of our Nation's most vital organizations.
If confirmed, I look forward to working with the Congress,
the Administration, the Department of Defense, as well as State
and local leaders, to continue executing the important civil
works and military missions of the Corps of Engineers. The
recent flooding throughout the Midwest, the tornadoes, all
remind us of the vital need for the Corps of Engineers. The
Corps must be ready to provide assistance to State and local
governments in developing integrated water management
strategies and reliable inland navigation systems. Our Nation's
continued economic prosperity depends on these vital
infrastructure investments.
The Corps continually balances competing needs throughout
the Nation. It has an excellent record of compliance with the
National Environmental Policy Act, and other environmental
laws. The Corps' overseas construction missions remain vital to
our success in operational engagements across the world.
I appreciate the opportunity to appear before you today and
I look forward to answering your questions.
[The prepared statement of General Bostick follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Senator Carper [presiding]. General Bostick, thank you for
your testimony, Mr. Howorth and Captain Ostendorff. Our Chair
has had to leave the room to take a phone call from our
Majority Leader. She will be back shortly, she has asked me to
proceed. I will ask a few questions and then yield to Senator
Inhofe.
Mr. Ostendorff, you served a lot of years in the Navy. You
are familiar with the idea of a shakedown cruise, on a new
submarine or whatever, just going out there and taking it out
for a spin, maybe for months. You have had a shakedown cruise
with the Commission here. Let me just ask, first, how is it
going?
General Bostick. Senator, thank you for the question. I
think things are going well. An independent regulatory
commission that brings together five people with diverse
backgrounds is a very different situation than one would have
when I was captain of a nuclear-powered submarine or principal
deputy at the NSA in a single leadership, single administrator
role. An independent regulatory commission, by its very nature,
I think has a more complex decision structure. I would say that
my experience so far has been, I learn from my colleagues, I
think I am a better commissioner for having talked to my fellow
commissioners. Though we don't always agree on matters of
policy or rulemaking or adjudications, I think we go into those
decision steps better informed and better equipped by virtue of
our dialogs. We meet every week, at least once a week, to talk
to our colleagues on their viewpoints and matters.
I would say that in spite of controversies that have been
in the news with respect to high-level waste proceedings in
Yucca Mountain, that we are getting a tremendous amount of work
done in a very collegial manner.
Senator Carper. Thanks. Madam Chair, would you like for me
to yield back to you at this time?
Senator Boxer [presiding]. No, no, you continue, and then
we will go to Senator Inhofe, and then I will go after him.
Senator Carper. All right, thanks so much.
Speaking of Fukushima, Mr. Ostendorff, in your testimony
you mentioned the NRC task force that was commissioned with
reviewing our domestic nuclear fleet in light of the crisis of
Japan. Do you have any insights into how that investigation is
going that you might share with us? What do you think will be
some of the main lessons we learn from Fukushima? Or do you
think our domestic nuclear fleet might be vulnerable?
Mr. Ostendorff. Yes, sir. The task force was commissioned
on March 23, and that task force was to divide this effort into
two pieces: one, a near-term, 90-day effort. We should receive
the draft report of that 90- day effort in the middle of the
month of July. Then a longer term 6-month effort to follow that
90-day effort. We have had three commission public meetings on
this topic since March 21.
Some areas that that task force is looking at include the
resilience of U.S. nuclear powerplants to disasters, whether it
be an earthquake, a tsunami, hurricane, tornado, flooding. What
happens at a nuclear powerplant when there is what is called a
station blackout, which is the loss of all AC power, and what
are the roles of emergency diesel generators that are backup
power supplies, as well as direct current batteries. What are
methods to reduce the buildup of any pressure in the
containment.
At Fukushima, there were significant hydrogen explosions in
the containment buildings as a result of overheating of the
fuel elements that caused hydrogen gas to buildup. So the task
force is looking at what are the methods we have in this
country to deal with that. I will note that in 1989 the
Commission promulgated requirements to have hardened vents
installed at our boiling water reactors to preclude a buildup
of hydrogen gas that cannot be vented. That is just one
example.
I can't say at this point in time where this task force
will head. We had a report just on May 12, an initial 30-day
report, that there was nothing to suggest that currently we
believe there are safety concerns at our existing facilities.
But we fully well know that there will be a more in-depth look
taken across those areas, as I just mentioned. We will take
actions to enhance regulations, if appropriate.
Senator Carper. Thank you. Mr. Howorth, could you critique
Mr. Ostendorff's statement?
Mr. Howorth. I agree with it.
Senator Carper. All right, thanks very much. I thought you
might.
Mr. Howorth, as you and I discussed earlier this week, I
think you know I am very interested in clean air, I think we
all are. I would like to say that the cleanest, cheapest form
of energy is the energy we never use. I was happy to see that
you would like TVA to be a national leader in conservation. I
applaud that. I just want to know if we have your assurance
that if confirmed as a board member, you will push the TVA to
become a leader in conservation, especially in the area of
energy efficiency.
Mr. Howorth. I think so, Senator. I don't want to describe
myself as pushing anything when I am neither confirmed nor on
the board yet. But yes, you know that is where certainly my
interest and ambitions lie. I think that there is a lot we can
do. TVA has a tremendous opportunity due to its model, with its
customers, with its ratepayers, who own the place. There is a
cooperative relationship that I believe, and an engaged
relationship, that I believe can lead us to a lot of
initiatives that aren't so easily accomplished elsewhere.
Senator Carper. All right. Thanks so much. Madam Chair,
thanks for allowing me to ask those questions. I will yield
back to you and Senator Inhofe.
Senator Boxer. Yes, Senator Inhofe.
Senator Inhofe. Thank you, Madam Chairman.
Let me just really quickly, Commissioner Ostendorff, there
have been some things in the publications about some discord
among the members and so forth. Do you want to make any comment
about that in terms of the congeniality of what is happening in
the NRC?
Mr. Ostendorff. Senator Inhofe, I would be very pleased to
comment on that. I tried to address some of that in my response
to Senator Carper's question as to how things are going. But
let me delve a little bit deeper into that.
I have publicly disagreed with some of my commissioners on
certain topics at different times in an attempt to be very
transparent as to what my views are. I have responsibilities to
the Congress, the American taxpayers to communicate with them,
where is Ostendorff on this issue. I tried to do that in a
professional, collegial manner that has clearly stated my
position, at the same time being respectful that others on the
Commission have disagreed with me.
Senator Inhofe. Yes, and that is really enough said on
that. I just want to make sure, because it is my impression, I
know where you stand on issues, I know where most of the rest
of them do. That is what these commissions are all about, each
one to get out there, if you all were rubber stamps, we might
as well not have a commission.
Mr. Ostendorff. Exactly.
Senator Inhofe. So I appreciate that.
Let me mention to you, General Bostick, we have a concern
right now for a WRDA bill. We are concerned about that. The
Chairman has talked about that, I have talked about that. We
are concerned on that. There is one area there that I would
like to, General Bostick, address. I see that my colleague John
Boozman has had to leave, but he was here a short time ago.
We have been concerned, I think it was back in 2005 that we
actually did the 12-foot channel for the Kerr-McClellan
Waterway. It is about 90 percent 12-foot, but it is 10 percent
9-foot. Now, we know what kind of result that is, and that is
that it cuts back about 40 percent of the capacity that we can
have. I would like to personally invite you to come out and see
this and to understand the problem that we have, talk to some
of our importers and exporters as to what it means to them.
Do you have any comment to make about that? Where would
that be on your priority list to try to complete that as it was
originally intended and was authorized just a few years ago to
be a 12-foot channel?
General Bostick. Senator, thank you. First I will say that
it is an honor for me to be nominated for this position, and I
look forward to visiting many locations. It would be a priority
for me to visit, to make an assessment and then with the help
of the Corps, the Administration and the Congress, decide what
the right priorities ought to be. I think all of these
navigation and port issues that have funding issues are
something that we as a Nation need to look at. The
infrastructure has been allowed not to be maintained at the
level for which it was designed, and much of that is understood
by where we are with funding.
Senator Inhofe. Yes, that is happening, that is also
happening to the locks and dams. We know the problems that
exist out there. I am sure Senator Boozman and I would both
like to have you look at this in terms of priorities.
There is one other thing that is of a local nature. Our
Arkansas River Corridor master plan, while the WRDA bill 2007
had $50 million, authorized $50 million to carry out an
ecosystem restoration, flood damage and a few other things,
nothing has happened on that. There are a lot of people in my
area, in the Tulsa area, that are willing to come out there and
front this thing and start funding, putting some of the funding
in. The question they always ask me, if this happens, can the
Corps assure us that local sponsors will get some kind of a
credit.
Have you thought very much about that approach to getting
some of these things done that are currently just hanging out
there?
General Bostick. Senator, I have not looked at the details
of that. But I have thought about my approach in entering the
Corps. If confirmed, one of the first things I would do is go
out, visit and make assessments of these critical projects,
talk to the local government entities.
Senator Inhofe. Yes, I can set that up, too. So we will do
that maybe in one trip handle the Arkansas end of it and then
handle the Oklahoma end.
General Bostick. I would be delighted to visit.
Senator Inhofe. Good. We look forward to that.
Thank you, Madam Chairman.
Senator Boxer. Surely. Gentlemen, before I ask you your
questions, I have to ask you just the boilerplate questions we
have to do, so we make sure that you can move forward. I am
going to go down the line and ask you three questions.
Do you agree, if confirmed by the Senate, to appear before
this committee or designated members of this committee and
other appropriate committees of the Congress and provide
information, subject to appropriate and necessary security
protection, with respect to your responsibilities?
Mr. Ostendorff. I do.
Mr. Howorth. I do.
General Bostick. I do.
Senator Boxer. OK. No. 2, do you agree to ensure that
testimony, briefings, documents and electronic and other forms
of communication are provided to this committee and its staff
and other appropriate committees in a timely manner?
Mr. Ostendorff. I do.
Mr. Howorth. Yes.
General Bostick. Yes.
Senator Boxer. All right. Finally, do you know of any
matters which you may or may or have disclosed that might place
you in any conflict of interest if you are confirmed?
Mr. Ostendorff. No.
Mr. Howorth. No.
General Bostick. No.
Senator Boxer. All right. You each get an A plus on these.
Very good.
So I will start my time now. Mr. Ostendorff, I understand
that you disagreed with Chairman Jaczko on his decision to use
high-level waste disposal funds for an orderly closure of the
Yucca Mountain license review under the short-term continuing
resolution of 2011. Do you still disagree with the Chairman's
interpretation of NRC's high-level waste budget, now that we
have a final continuing resolution that is consistent with the
President's fiscal year 2011 funding request for Yucca
Mountain?
Mr. Ostendorff. Madam Chair, that circumstance, if I can
just expand upon this a bit.
Senator Boxer. Go ahead, yes, of course.
Mr. Ostendorff. Certainly back in the first of October
2010, when the continuing resolution for Fiscal Year 2011 came
out, there was no explicit direction from Congress on what to
do with the high-level waste activities. At that point in time,
I did disagree with Chairman Jaczko. We had a very collegial
discussion, quite frankly, twice on that first day of October
to discuss my disagreement, which led me to initiate what is
called a commission memorandum, in accordance with our internal
commission procedures.
I issued that to suggest this is a policy matter for my
fellow commissioners. I did not receive majority support. I
respected that my position did not prevail.
As we have gone down this path, for many months, until last
month, we had the uncertainty of the CR. Based on the CR that
we received in the month of April, I understand that is
Congress' intent and I do not have any objection to the
direction the program has taken.
Senator Boxer. That is a good answer for me. Thank you.
Mr. Ostendorff, the current situation in Japan has
indicated that damage to the reactors at Fukushima is worst
than first thought. It appears that fuel rods in units 1, 2 and
3 all suffered partial meltdowns in the early days of the
disaster. What is your latest understanding of the situation
there? Do you believe the Japanese will be able to meet their
goal of reaching cold shutdown of all reactors at the
Fukushima-Daiichi nuclear plant within 6 to 9 months?
This is just asking your opinion, sort of friend to friend.
Mr. Ostendorff. Sure.
Senator Boxer. Because I don't know when I listen how
accurate they are being, or if they are being too optimistic.
Mr. Ostendorff. Yes, ma'am. The information flow has
certainly changed over X number of weeks since March 11. My
understanding, the best information we have today is that unit
1 has about 55 percent fuel damage, core melt. Unit 2, about 30
percent, unit 3, about 35 percent. Those percentages may change
during the final lessons learned and the data analysis.
Currently, there is water being provided to keep the fuel
rods in the three reactor units, 1, 2 and 3, covered. The
temperature is stable. There are concerns and challenges ahead
with respect to where the water that is being used to provide
that cooling, where does that water go.
Because of the problem with respect to discharging that
water into a tank, these tanks are full. There are private
sector efforts underway and being planned right now to provide
filtering and a contamination cleanup capability that is not
currently in place. That will be critical to ensuring the long-
term stable cooling of the facility while protecting the
environment.
There have been leaks of radioactive contaminated water
into the Pacific Ocean. That is of concern.
Senator Boxer. Just because my time is running out, do you
think they will be able to achieve this cold shutdown in 6 to 9
months? What is your opinion? On a scale of 1 to 10, 10 being
for sure they can do it, what is your sense of it? I won't hold
you to anything.
Mr. Ostendorff. Sure, I understand. I am between a six and
a seven.
Senator Boxer. OK, thank you, that is fair.
There has been a series of articles in the New York Times
about the NRC. One of them basically poses the question, is the
NRC too close to industry? It pointed to a tendency of plant
licensees to defer maintenance until serious safety problems
develop, and the NRC's reluctance to establish new requirements
on licenses.
Do you think this is a fair criticism? Are there things the
NRC could do better to give us more confidence? I just speak
for myself, other people may not share this, but I do have some
of these annoying questions. I wondered how you felt about it.
Mr. Ostendorff. Madam Chair, I would answer as follows. I
hear that criticism frequently. I personally have an open door
policy, if anybody from industry wants to meet with me, I meet
with them. If a group from GreenPeace, Union for Concerned
Scientists or an anti-nuclear group wants to meet with me, I
meet with them. I think it is important as a regulator to have
all the different perspectives that are out there. I do my very
best to receive those.
With respect to, are we too close to industry, I personally
don't think we are. I am very confident in the safety and
security regulations that we have. I am very confident that we
are very open with the American public as to how we regulate.
At times, I think we could improve our communications ability
with the American public. That is an area I am committed to
working on.
Senator Boxer. Good. Excellent. Thank you very much.
So now I will turn it over to Senator Vitter for 10
minutes.
Senator Vitter. Thanks, Madam Chair, and thanks to all of
our nominees for all of your service.
Because of the Corps of Engineers' significance to the
country and Louisiana, General, I am going to focus on the
Corps. We will see how time goes. But I certainly don't want to
minimize the extreme importance of the other two roles as well.
General, this is a statement, then I will get on to
questions. I have one general concern about your background,
which is, simply, while you are clearly a very smart, very
well-qualified engineer, you don't have direct civil work
experience. Is that correct, or am I missing something?
General Bostick. Sir, I have not worked directly on Civil
Works projects.
Senator Vitter. OK. That shouldn't disqualify you, but I
will note, since 1900, of the 34 distinguished folks in this
position, only one other did not have that direct civil work
experience. I think impartial observers would not rate that
particular leader high in the Corps' history. So I just make
that note and urge you, if you are confirmed, to fill that void
with sort of intense education.
A lot of what I am concerned about again comes out of our
Louisiana experience. In particular, Hurricane Katrina, which
is one of the two biggest events in the Corps' history, bar
none. The other one being the great flood of 1927. Have you had
an opportunity to visit the greater New Orleans area to
understand what happened during Hurricane Katrina and to see
first-hand the enormously important work that has been done
since then?
General Bostick. Senator, I would first like to followup on
the earlier question about experience in civil works. Even
though I have not directly worked on Civil Works projects, I
served as the Executive Officer to the Chief of Engineers
during the 1993 floods. General Art Williams was the Chief, and
I helped him as we moved around the country during the Midwest
floods, which were very damaging, and we lost 47 lives across
the country and a lot of money in damages.
So I have that experience, and I have worked at high
levels; I understand Congress and I understand the local
population.
As to your question about visiting New Orleans, I have been
down there. As I mentioned, I was the head of Recruiting
Command between 2005 and 2009. I came out of Iraq and one of my
first visits after becoming the head of recruiting was to visit
our recruiters down in the post-Katrina area. I saw the initial
aftermath of the damage there, and saw the great work of the
Corps and the local community and the country coming together
to try to help the people in the local area.
I have not visited since to see the great progress that
they have made.
Senator Vitter. Great. A big source of the flooding of the
city were three what we call outfall canals that go into the
heart of the city. Are you familiar with the dynamics of what
caused those breaches?
General Bostick. I am not familiar with the specifics of
that. I have read up on it and I know that there were some
concerns on design, there were some concerns on weather
patterns, there were some concerns on the magnitude of the
storm that hit during that time.
Senator Vitter. Well, I guess I am particularly focused on
the fact it has been concluded that the fundamental cause of
those breaches were design flaws, not a storm that was greater
than what it was designed for, but design flaws under Corps
projects. Are you familiar with that?
General Bostick. I am familiar with the concern that it was
a design flaw. I have not reviewed the details of the after-
action review of that project to see how much of it was design
and how much of it was a combination of other factors. But if
confirmed, I think one of the great strengths of our military
is that we take a look at ourselves, and we are very critical
about where we made mistakes and what we are going to do to try
to fix it in the future.
Senator Vitter. Great.
I would certainly encourage you to do that before and after
confirmation. Again, I just want to emphasize, this is not a
concern that it was a design flaw, this is a conclusion that I
think is universally shared, that it was a design flaw.
With that sort of history in mind, do you have an opinion
about the most important two or three lessons the Corps has or
should take away from the whole Katrina experience?
General Bostick. As I look at it from an outside
perspective, first, I think the country responded, after some
initial setbacks, very well in terms of the Congress providing
the authority and the appropriations for the State and the
Government and the Corps of Engineers to react very quickly.
Although I haven't visited that location, I know that a great
amount of work has occurred.
So this country can do anything, and I think the Corps and
the local community can come together and do anything. The key
is to have a strong communications plan, a strong plan in how
you react to disasters. I think looking forward to the future,
one of the key takeaways for me is our response: how do we
respond, both with FEMA, with the Corps and as a country to
disasters. So that is one.
The second is that I think that our infrastructure across
the country, we need to look at how we prepare that
infrastructure for the long haul. Funding has been a challenge,
not only in the country but specifically, I think, in the Corps
and some of the inland waterways that we are responsible to
protect. So I think in balancing priorities, as we look at a
disaster like Katrina, we as a Nation have to decide where the
infrastructure development and maintenance for the future will
take the country. Most of the money in the Corp, currently, as
I understand it, is dedicated toward operation and maintenance.
There are very few new projects, although some are needed,
there are very few that can be paid for given the current
funding constraints.
Senator Vitter. Let me encourage you to think about lessons
that we need to learn, including within the structure and
bureaucracy of the Corps, because I think there are many
lessons we still need to learn and incorporate.
Let me also note a military lesson from history, which is,
you always need to prepare for the next war, not the last war.
I am concerned that we are responding very well after the fact
to Katrina. But my concern is, Katrina was the last war, the
last hurricane. Almost by definition, it is not going to be the
next one. I think we need to look more fully at other scenarios
and what the next one could be. Because there are plenty of
similar vulnerabilities out there that were laid bare by
Katrina.
Certainly in this process, before, and if you are
confirmed, after confirmation, I would really urge you to visit
the area and look directly at both what happened in the past
and the ongoing work there. Thank you very much.
General Bostick. Thank you, sir.
Senator Boxer. Thank you, Senator.
I apologize, Senator Alexander, according to arrival, you
were supposed to get that opportunity. Gracious Senator Cardin
said, please, go right ahead.
Senator Alexander. Well, I don't want to hold up Senator
Cardin.
Senator Boxer. No, he said to go on.
Senator Alexander. Are you sure? All right. Thank you for
your courtesy.
Mr. Howorth, do you agree with the decision TVA recently
made to close some coal plants and put pollution control
equipment on all the remaining coal plants by 2020?
Mr. Howorth. Essentially, yes. As I understand it, that was
part of the EPA settlement. So obviously, it seemed like the
right decision there. Also from what I understand, those plants
are aging. Yes.
Senator Alexander. Do you agree with TVA's stated goal to
lead the country in nuclear power?
Mr. Howorth. I know that that is a big part of the
integrated resource plan, which to me appears to be an
extremely well-considered plan. With the closing of the coal
plants, there is going to have to be energy generated
elsewhere. It seems that nuclear is where that should be.
Senator Alexander. One of the things that astonishes me is
that we are worried about $4 gasoline, but we have a resource
sitting over here that is not oil that would power 40 percent
of our cars and trucks, namely, all the electricity we have at
night. With your background in local power and now about to be
on the board, can you think of ways to create a better
environment for electric cars and trucks in the TVA region?
Mr. Howorth. I think that what you have described is one of
many projects that could be done. If we perhaps, I don't know,
because I haven't really gotten into this and discussed it with
the existing board, but I hope that we are taking every measure
toward conservation and efficiency before generating, trying to
generate more, just more power and using off-peak capacity, do
the sorts of things with electric cars, like you mentioned.
Senator Alexander. Thank you.
Mr. Ostendorff, you have gone twice in the last year to the
only reactor being built in the United States today at Watts
Bar. I was there when you were there a month or so ago. One
reactor was operating; another one was being built. Based on
what you have seen in those two visits, is the reactor being
operated in a safe manner, and is the new reactor being built
on time and on schedule?
Mr. Ostendorff. Senator, I would say yes to both questions.
I think the Watts Bar Unit 1 operation is being done safely and
properly. That is the assessment of our NRC resident inspectors
and our oversight team.
With respect to the construction of Unit 2, I think that is
proceeding in a professional manner. I am not aware of there
being any concerns from our staff as to the proper quality
assurance or soundness of the construction currently underway.
Senator Alexander. Thank you.
Madam Chair, I notice you are planning a nuclear oversight
hearing next month. Senator Carper had a good hearing some time
ago with his subcommittee. I would like to suggest we have more
hearings on oversight of nuclear power. We have two main
objectives here. One is to begin to build nuclear powerplants.
Because at least half the ones we have are going to wear out
before very long. We need new ones for that purpose, and to
expand.
Second is to make sure they are operated safely. I think
the more people understand and hear about nuclear power, the
more confidence they have in them or the more likely we are to
correct mistakes that are being made.
So I think hauling the Nuclear Regulatory Commission up
here once a quarter before at least a subcommittee might be a
useful way to move us toward a nuclear plant construction
program and to convince Americans and ensure ourselves that
they are being operated safely.
One last question, General Bostick, and I will make a
statement rather than a question. I noticed committee members
are arranging your travel schedule. I will be glad to get in
line for that, because I would like for you to come to
Chattanooga and see the Chickamauga Lock, which if it closes,
as it will do if it is not replaced, will put 100,000 trucks on
I-75, and will seriously interfere with cargo shipments to not
only TVA and Oakridge, but to the nuclear weapons compound at
Y12.
So what I would ask you to do is, one, consider visiting
Chickamauga Lock; two, consider whether it is a new start or
not. We think it is not a new start, since a coffin dam is
already built. Three, consider the security impacts of the
traffic that is moving up the Tennessee River to Oakridge
National Laboratory and the Y12 nuclear compound.
Then finally, I hope you and your associates will look at
the decision last year by the court, it turned down a plan from
the industry to tax themselves to put money in the Inland Water
Trust Fund to build projects like nuclear, like Chickamauga
Lock, why you turned that down, and if you turned it down, what
your substitute is. Right now, all the money is being spent on
a lock in Kentucky on which we have already spent $1.6 billion,
they say we are going to spend $3 billion, there is no money
for anything else.
So the industry is willing to tax itself to provide money
for Chickamauga and other places. What is your plan?
Thank you, Madam Chairman, for your courtesy. Thank you,
Senator Cardin, for yours.
Senator Boxer. Absolutely, thank you very much.
Senator Cardin.
Senator Cardin. Once again, let me thank all three of our
nominees for their willingness to continue in public service.
To General Bostick, I want to concentrate a little bit. Not
only do I want to get on your travel schedule, I want to get on
your travel schedule early.
[Laughter.]
Senator Cardin. I have the honor of representing Maryland.
That means I am close by. It is very easy to get to where I
want you to get to.
So I won't take any excuses.
General Bostick. I look forward to joining you, Senator.
Senator Cardin. Thank you. I'll take that as a commitment.
General, I want to talk about the Chesapeake Bay, I want to
talk about Poplar Island, which we are very proud of. The
Federal Government has made an investment in Poplar Island
which is the site of a lot of dredged material, but also an
environmental restorationsite. Poplar Island used to be an
inhabited island. It is disappearing within the Chesapeake Bay,
and with it a lot of its environmental issues of protection and
diversity, et cetera. The restoration project has returned
Poplar Island to a major asset for the Chesapeake Bay and our
environment, and also for our economy, because it is a site
where we have placed a lot of dredged material.
The next one onsite will be Mid Bay. Mid Bay, very similar
to Poplar Island, is a series of islands that are disappearing
as a result of several reasons. There is the water elevation as
well as the currents, et cetera.
Now, the good news for us in regard to Mid Bay is that the
2009 Chief's report was favorable. The 2009 Chief's report
indicated that there is substantial environmental benefits and
recommend the project go forward. So we have crossed that
hurdle.
My question to you will be, how do we get the funding for
this project? Will the Administration be recommending funding
to move forward with Mid Bay and supporting efforts in Congress
to authorize it in the next water legislation? If you are
prepared to answer that, I would welcome that. If you need to
get back to me, I will accept that. But I need to know your
position as to moving forward with Mid Bay.
General Bostick. Senator, I would be happy to get back with
you on the specifics of Mid Bay. In general, I would say that
because of the difficulty with funding across the Nation, one
of the principal duties I will have upon taking the Chief of
Engineer position, if confirmed, is to look at the priorities
and to review the funding situation on all of these projects,
and then to work with the Administration, to work with Congress
and work with the States to make sure we are making the right
decisions, the best decisions for all parties involved. I am
committed to looking at Mid Bay specifically, and then to come
back to you with an answer.
Senator Cardin. I thank you for that.
Let me just underscore this. Keeping our channels properly
dredged is absolutely vital to our economy, as a Nation. Many
jobs depend upon our ports being open. Baltimore is one of the
largest ports on the east coast of the United States. We have
many other projects that are involved along Maryland channels.
It is vital.
If we don't plan ahead and have sites for dredged materials
that are economically viable, it will jeopardize the economy of
our region and our Nation. So my only point for emphasizing
this, it has gone through the process. It has gotten a
favorable report. We are ready to move forward. I understand
funding is tight.
There have been some funds already made available for Mid
Bay. The Administration has made some funds available. We are
going to be looking to you to set the priorities, we understand
that. But I just urge you to understand how critically
important this project is to our entire region.
General Bostick. Sir, absolutely, you have my commitment. I
understand the importance and I will look at the priorities and
see the funding and come back to you with an assessment.
Senator Cardin. I look forward to visiting with you to show
you first-hand the success of Poplar Island and the future site
at Mid Bay.
I want to just ask one more question of you, and that is,
in 2007, Congress established the National Water Resources
Planning Policy to ensure our Nation's water resources projects
both are economic, to encourage both economic Development and
protect our environment. As you know, the Council for
Environmental Quality is in the process of modernizing the
economic environmental principles and guidelines, the P&Gs.;
We are going to seek your input as to how you are working
with this process to make sure that we do protect our Nation's
waters. A lot of our concern is just economic, but also the
environmental risks involved. I don't have time, because of the
limited amount of time we have today, but I would like your
input as to how you intend to operate to make sure that we
protect our environment as well, moving forward with the
critically important projects.
General Bostick. Sir, I think it is very important. As I
said in my opening comments, I think the Corps has been a good
environmental steward while balancing the importance of the
inland navigation and the ports. I will continue to reinforce
that, if confirmed.
Senator Cardin. Thank you.
Senator Boxer. Thank you.
Senator Sessions.
Senator Sessions. Thank you, Madam Chairman.
I thank all of you, congratulations on being nominated. I
am sure each of you will be able to move forward, hopefully
with not too much delay.
General Bostick, in your response to your questions and
after our conversation with you, I am a little uneasy, in that
you have not been connected to the Corps and its work for some
time. Your responses are, I am not familiar with that
particular contract or background to this matter. These are
matter, another question, I would inquire about and consider
prior to making any decisions. Another answer, I understand the
Corps must operate on all of its projects in a manner that
fulfills their authorized purposes. I am not familiar with the
shoreline management plan for Lake Eufala.
Well, I understand that, and I understand that you can be a
fine leader of the Corps. But as you can tell from the
questions, Senator Vitter and Senator Cardin and others, these
matters are often very tough decisions that require your
attention and ultimately will fall in your lap to make those
decisions. They have a lot of history behind them and with
regard particularly, as you and I discussed, and I won't go
into it today, what has come to be known as the water wars
between Alabama, Georgia and Florida, over the flow of rivers
that come into Alabama, the headwaters of which are in Georgia.
I guess I will just ask you, are you committed to following
the law? Will you persist with rewriting the manuals for the
Corps, if that is not consistent with court decisions and law
and contracts that the Corps has?
General Bostick. Sir, first let me say that I regret that I
could not answer your questions more specifically, especially
since we had a chance to chat in your office. But given that I
am the G1 of the Army, it was difficult for me, not being
confirmed, to work on the specifics of those questions with the
Corps. I assure you that if confirmed, one of my first
priorities will be to look into the details, and then come back
and talk to you.
Senator Sessions. Well, what I would like is a commitment,
if you would, that you will comply with the law, existing
binding contracts of the Corps and the court decisions relevant
to the situation.
General Bostick. Sir, absolutely, you have my commitment
that we will comply with the law.
Senator Sessions. Well, the Corps has been saying they are,
but they I think eventually had to be reversed by the court of
appeals court. I thank you for that, and I think that is
probably all I can ask you at this time and insist on. But it
is real important. Our Governor and the Governors of Georgia
and Florida have not been able to reach an agreement. You and I
agree the best thing would be an agreement reached by those
Governors.
But it is an important issue and they have not been able
to. They just have not. I hope that they can. That would really
be a helpful thing.
Mr. Ostendorff, thank you for your leadership on the panel.
I do believe nuclear energy has a real part to play in clean
energy for the future, clean and economical. It is all-
American. It keeps the costs at a reasonable level. That helps
economic growth. It is all-American, basically, creates jobs in
America. It is not imported energy. It also emits no pollutants
into the atmosphere.
So your position is important. We understand safety is
first. But if the NRC, through inaction or not paying
sufficient attention to these questions, delays legitimate
progress for plants, it can drive up costs significantly and
take a program, a nuclear power project and make it from viable
to not viable. Would you agree with that?
Mr. Ostendorff. We have an obligation to professionally and
in a disciplined manner move through our license applications.
I think we are doing that now. I agree that we cannot afford to
not pay close attention to how our process is working.
Senator Sessions. I hope that you will have an opportunity
to visit the Bellefonte Plant in North Alabama. One of the
reactors was 60 percent completed; the other 80 percent
completed 30 years ago. It was the most modern plant in the
country at the time. TVA, after they finished their Watts Bar
Plant in Tennessee, I think will be looking forward to going
forward there with that. It has been on the drawing board for
some time.
So to the extent to which the Nuclear Regulatory Commission
can do its evaluation and be prepared and move promptly on
that, I think it would help us economically in the region and
environmentally.
Mr. Howorth, one of the projects, one of the plans for
reducing coal-fired plants--is my time up?
Senator Boxer. It is.
Senator Sessions. OK, thank you.
Senator Boxer. If you want to stay for a second round, I am
going to do one.
Senator Sessions. I understand that, fine. Thank you. I
enjoyed the opportunity to talk with you yesterday.
Senator Boxer. Thank you very much, Senator.
Senator Lautenberg.
Senator Lautenberg. Madam Chairman, we have to be careful
with our friend from Alabama, Senator Sessions, inviting him to
a second round. It could be something of significance.
[Laughter.]
Senator Sessions. Thank you, no. This day I have to go,
Senator Lautenberg. So I appreciate the courtesy.
Senator Lautenberg. Thanks very much.
Madam Chairman, we have these outstanding candidates here
and each one's contribution is going to be so meaningful in our
country. General, you in particular, you are very popular here
today. We have all invited you over and to come in early and
stay long. But come and see us as quickly as you can. The
popularity is serious, because the Corps is such an important
element in our society.
But Madam Chairman, there is something I don't understand.
Two and two doesn't make four. This is about the only place,
and that is, we get requests from everybody here, and we are
delighted to have General Bostick here. But when it comes to
the budget, I don't know that we get the same requests for
funding when we are preparing budgets as we do when the budgets
are in place, and when we look at a $270 million cut in the
Corps funding, and everybody again, General Bostick, would love
to see you in our States. I am one of those as well.
But it is just kind of an anomaly here that we can't do the
arithmetic at the same time we are doing the requests.
Mr. Ostendorff, I have enjoyed our conversations. There are
many nuclear plants in the United States that use the same Mark
I design as the one in Japan, including two reactors in New
Jersey. Now, as Chairman Jaczko has said, modifications to the
design in the United States would improve the safety of U.S.
reactors.
But now it appears that the Japanese plant had made
modifications like the ones made at plants in the United
States. If those modifications could not prevent the Japanese
accident, how do we know our plants are not similarly
vulnerable?
Mr. Ostendorff. Senator Lautenberg, I appreciate the
question. I would offer that your specific question is one that
our ongoing Fukushima task force is looking at right now. We
had, as Chairman Jaczko has told this committee, we had the
hardened vent modifications installed in the late 1980's, in
the United States, for these BWR Mark I reactors. We are trying
to learn more about the modes of failure at Fukushima as to
exactly what happened and why could they not operate these
vents. I don't have an answer for that today, but I assure you,
that is a key part of the task force.
Senator Lautenberg. Thank you. The NRC requires evacuation
plans only for areas within 10 miles of a plant. But the U.S.
Government warned Americans in Japan to stay at least 50 miles
away from the damaged reactors there. Would it make sense to
require evacuation plans to address the same distance around
U.S. facilities as was recommended in Japan?
Mr. Ostendorff. Similar to the event question, this
emergency planning, emergency preparedness issue you are
raising, Senator Lautenberg, is also being looked at by the
task force. I will tell you that although I was not part of the
direct decisionmaking on that recommendation for Fukushima, I
can tell you it is my understanding that there were perhaps
four factors that led to the 50-mile recommendation in Japan.
No. 1 was lack of information, No. 2 was concerns on the
accuracy of information that was provided, No. 3 was the fact
there were three reactors that had issues at multiple reactor
sites, as opposed to single reactor units that our 10-mile
policy is based on. No. 4 was tragically the tsunami that
killed 25,000 people had also caused significant disruption to
communications infrastructure that lessened our confidence in
the ability of the Japanese to deal with certain aspects
because of the damage.
I know that our task force is looking at this. We have had
a commission meeting on this topic recently. I think we will
look forward to getting back to this committee on where our
recommendations are.
Senator Lautenberg. We are anxious to hear from you as soon
as that can be done.
General Bostick, the Passaic Snake River Basin in New
Jersey frequently floods and has received five Federal disaster
declarations since 1990. The State, local governments and the
courts have set the framework for a long-term solution which
would cost the Corps approximately $7.5 million to complete the
reevaluation study.
Now, I would like to know if this confirmation goes as we
expect that you will commit to work with me and our State to
find a solution to the flooding problems in the Snake River
Basin.
General Bostick. Senator, thank you. You do have my
commitment that I will visit your great State, along with the
others. I spend most of my life in the Pentagon, so it looks
like if confirmed, I will do a lot of traveling. I will visit
you and I will look at this specific project. I don't have the
details of it now, but rest assured I will look at it.
Senator Lautenberg. Mr. Howorth, TVA has a Federal mandate
to provide low-cost, reliable electricity. What role should TVA
play in protecting the environment and public health from
powerplant emissions?
Mr. Howorth. As a public entity, I think it has a very
great responsibility to play that role in terms of ensuring
that we are not polluting, we are not sending pollution
contaminants into the atmosphere or that our nuclear plants are
safe and secure. If it must be affordable, then we have to be
efficient in production and use.
I think it is a role that TVA generally has satisfied over
the years and I believe will continue to.
Senator Lautenberg. Madam Chairman, since we have been here
quite a while, I would like to ask one more question. That is,
what is the composition of the generating components of the
TVA? Where does the energy come from?
Mr. Howorth. I believe it is about 50 percent coal, 40
percent nuclear, 8 percent----
Senator Lautenberg. Fifty percent coal?
Mr. Howorth. Right.
Senator Lautenberg. Forty percent?
Mr. Howorth. Nuclear. Eight percent hydro, 2 percent other.
Senator Lautenberg. That is close enough. Madam Chairman,
one of the problems that we worked so hard here, and that you
are so leaderly in, and that is the question of the
environment, how do we protect our families from pollution in
the air? I would like to submit a question now for review by
Mr. Howorth after confirmation as to what we do to minimize the
pollution that comes from 50 percent of the coal plants that
produce that power.
Senator Boxer. We have a situation where Senator Paul is
going to object to any committees meeting beyond noon. That is
why I am trying to wrap this up.
I want to say, just piggy-backing on Senator Lautenberg's
question to you, Mr. Howorth, I want you to know that in the
original Act, which I suggest you look at, because it is
interesting, the original Act that was written setting up the
TVA, it says, ``shall affirm support for the objectives and
missions of the corporation, including being a national leader
in technological innovation, low-cost power and environmental
stewardship.'' It doesn't say one or the other.
So I think the answer is if you don't do environmental
stewardship, then you are breaking the law, not you, the TVA.
So let's be clear: we have to do that, you have to do that, you
and your fellow board members, commissioners.
I would say this. EPA, and you alluded to this, just
settled with TVA. They said that their settlement in terms of
North Carolina air pollution from coal-fired powerplants, that
that settlement will prevent 3,000 deaths, 21,000 cases of
asthma, $27 billion in health care costs each year, and it
includes $315 million in clean energy projects. I laud that
settlement.
But I just ask you rhetorically, you don't have to respond,
you are just headed over there, it shouldn't have taken a
lawsuit. What is going on with TVA? You should be a leader. I
just worry about it, because I don't see it happening. I take a
little responsibility. I wish I had, frankly, when I took the
gave originally, made it a priority to talk to TVA more. But
let's just say I am talking to you, and I will talk to the
others.
You should be a leader in solar and wind. What percentage
of power do you think ought to come from solar and wind and
geothermal?
Mr. Howorth. As much as possible. Especially solar. I think
wind is much more challenging.
Senator Boxer. But what percentage? Because my State has 30
percent. It depends, I mean, my State has a heck of a lot of
sun and a heck of a lot of wind, and a lot of geothermal. We
talk here about a 25 percent mandate, a 20, a 15. Without
pinning you down, where do you see, between what and what do
you think the TVA ought to do?
Mr. Howorth. Ideally, I would like to see every house in
the Tennessee Valley with a solar panel on its roof generating
power back to TVA, paying the way for the consumers. I would
like to see perhaps a universal building code, adopt some green
elements so that houses, that is where we lose most of our
money now, poorly built houses.
Senator Boxer. True.
Mr. Howorth. So I think these things are achievable.
Senator Boxer. I am glad.
Mr. Howorth. You are right, I think it is our business to
go about doing it.
Senator Boxer. I think this infusion of new energy into TVA
is a moment, you could do this. I mean, I am saying to you, and
you can express my views to your board of directors there, that
coming from the State I come from and seeing what we have been
able to do, it is just extraordinary. There is a new
announcement of a big solar project that is going to power
460,000 homes in the Mojave Desert. Now, this is saying no to
imported oil, saying no to the folks that we don't want to keep
giving our money to. More than half of our trade deficit goes
to importing oil.
So you are in a position to do something really good over
there. I hope that you will question the old ways of doing
things. Because it is not right for these times. I think in the
amazing clarity of the Members of Congress those many years
ago, saying environmental stewardship, it is pretty important,
it works.
The other thing I would say, on the nuclear front, and we
do have gradations of differences, there is a lot of talk
about, let's move forward very strong nuclear, as if nothing
ever happened in Japan. There is talk about how, don't slow it
down, because it will cost business money. How much is it
costing the business that is dealing with the disaster in
Japan? We don't even know how many billions.
So we can't cut any corners, and I know, Mr. Ostendorff,
you would never do that. But I do want to point out, it is
really an important issue. As I said, I have more than half a
million people living within 50 miles of one of my nuclear
powerplants, no, let me say, a half a million in one and 7
million, 7 million living within 50 miles of the other.
Candidly, when I took someone aside, and I said, what is the
evacuation plan, the woman looked at me and whispered in my
ear, just look at the freeway at 5 o'clock at night. That is
our evacuation plan.
So whether it is looking at dry casks, which is very, very
key, and I am going to send you, if you don't mind, all of you,
some followup questions, because in about 2 minutes, you will
be happy to know, I won't be able to talk any more. They are
going to pull the proverbial plug on me.
I just want us to move forward in a way that doesn't ever
expose our people to what the people of Japan have gone
through. It is the worst economic hit, it is a horrific loss of
people, families, people never get over this, what happened
over there. So it is something I would say, Godspeed to all of
you. You have a moment. Look, we all are here for a very short
period of time, to be philosophical about it. Either we are
going to just get along and go along, or we are going to bring
something to the job that really makes an impact. People might
never even know that you did it. It might be one conversation
you have with a fellow commissioner, it might be one moment in
time that you didn't meet with someone who showed you a new
way.
I deal with this in my work. How can I make sure that I am
here and am making a good difference for the people, a good,
solid difference. I don't always do it, there are days I waste,
there are days I make mistakes. But there are some things I do
right. I am just hopeful in all of you, you will realize this
moment you have, this short moment. It could be 20 years, it
could be 10 years, it could be 5 years or a year. It is
important, what you are doing, each of you, is so important.
You have the lives of people in your hands, you really do. You
have the very lives of people in your hands, and you have the
ability to make their lives better and bring about economic
growth and all those good things, and avert disaster. It is all
in your hands.
That is why I am so proud that you stepped up to the plate.
These are not just unimportant nominations. That is why so many
of us stayed so long.
But I will not let the General go by without saying, after
you leave Oklahoma, you just head west. A little birdie told me
that you have a son in California. So we promise you your
evening will be free. We will work you hard in the day.
I hope that all of you think about what we have all said
and understand the great respect we have for each of you and
the hopes that we have for each of you. We hope that these
nominations go smoothly.
With that, we stand adjourned.
[Whereupon, at 12 p.m., the committee was adjourned.]
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