1
          1                      UNITED STATES OF AMERICA
          2                    NUCLEAR REGULATORY COMMISSION
          3                                 ***
          4                        ALL EMPLOYEES MEETING
          5                                 ***
          6                           PUBLIC MEETING
          7                                 ***
          8
          9                             Nuclear Regulatory Commission
         10                             "The Green" Plaza Area
         11                             11555 Rockville Pike
         12                             Rockville, Maryland
         13
         14                             Thursday, October 30, 1997
         15
         16              The Commission met in open session, pursuant to
         17    notice, at 10:30 a.m., the Honorable SHIRLEY A. JACKSON,
         18    Chairman of the Commission, presiding.
         19
         20    COMMISSIONERS PRESENT:
         21              SHIRLEY A. JACKSON, Chairman of the Commission
         22              GRETA J. DICUS, Member of the Commission
         23              EDWARD McGAFFIGAN, JR., Member of the Commission
         24              NILS J. DIAZ, Member of the Commission
         25
                                                                       2
          1                        P R O C E E D I N G S
          2                                                    [10:30 a.m.]
          3              MRS. NORRY:  I would like to welcome all of you to
          4    the Seventh Annual All Employees Meeting on the Green. 
          5    Following the Chairman's remarks there will be an
          6    opportunity for questions which the Chairman and the
          7    Commissioners can address.
          8              For the purpose of those questions coming from
          9    here, there are microphones scattered throughout the tent. 
         10    For those coming from the regions, they will be relayed and
         11    will be read this morning by Amy Siller and James Heck.
         12              I would like to point out that this meeting is an
         13    opportunity for the Commissioners to discuss the strategic
         14    direction the Commission is taking.  It is not intended to
         15    address questions related to personnel policies, practices
         16    or general working conditions.
         17              Because of that, the agency Labor Management
         18    Partnership Committee will be scheduling a meeting hopefully
         19    before the end of the year where we will have an opportunity
         20    to have such questions brought to the committee.  That will
         21    be well advertised and will be open to all employees.  So
         22    please save your questions for that occasion.
         23              Chairman Jackson.
         24              CHAIRMAN JACKSON:  Thank you very much,
         25    Mrs. Norry.
                                                                      3
          1              Good morning.  With me today are Commissioners
          2    Greta Joy Dicus, Nils J. Diaz, and Edward McGaffigan, Jr. 
          3    On behalf of my Commission colleagues, I would like to
          4    welcome all of you to this special meeting of the Commission
          5    with the NRC staff.  I extend that welcome both to those of
          6    you assembled here in the tent at headquarters and also to
          7    the groups of employees connected by telephone from the
          8    regions.
          9              These all employees meetings have become an annual
         10    tradition, as Mrs. Norry has said, since 1991.  They are
         11    intended to stimulate and to facilitate direct communication
         12    between the Commission and individual members of the staff,
         13    to clarify the Commission's agenda, to engender a shared
         14    vision, and to motivate all of you in pursuit of that
         15    vision.
         16              I should mention that in keeping with these same
         17    purposes I also have been holding a series of small group
         18    sessions with the staff which have been referred to as
         19    Chairman-Staff dialogues.  Those sessions which I began in
         20    August of this year are proving to be extremely beneficial
         21    and positive for all involved, and I eventually hope and
         22    indeed plan to meet with each of you within that context.
         23              After my introductory presentation, our agenda
         24    today will be determined by you, by your questions.  I
         25    increasingly have become aware of how important it is that
                                                                       4
          1    the Commission understand the perspectives and concerns of
          2    the staff if we are to be effective in setting and directing
          3    agency policy.
          4              Conversely, it is equally important that the staff
          5    understands the perspective of the Commission, the
          6    priorities and concerns that undergird Commission policy,
          7    its decisions and directives.
          8              So we will respond to your questions today based
          9    on our understanding of your concerns as well as our
         10    collective and individual perspectives on these concerns.
         11              Our format today will be similar to that used for
         12    previous sessions, namely, following this introduction, the
         13    Commission will entertain questions from any of the
         14    employees present here on the green as well as from any of
         15    the regional and field offices connected by telephone.
         16              As in previous years, we will hold a second
         17    session this afternoon at 1:30 since we have insufficient
         18    space to accommodate all employees in a single session.
         19              Before we address questions, let me take a few
         20    moments to review with you what we have accomplished as an
         21    agency since our last all employees meeting in October of
         22    1996 as well as to discuss a few of the internal and
         23    external forces of change that will continue to shape our
         24    regulatory environment.
         25              First of all, on behalf of the entire Commission,
                                                                      5
          1    let me extend my hearty congratulations to all of you for
          2    reaffirming in an era of rapid and challenging change that
          3    the NRC is indeed a highly competent technical agency that
          4    employs extraordinarily gifted and dedicated individuals.
          5              Let me give you a few examples of some of the more
          6    significant NRC accomplishments of the past 12 months.
          7              On March 3rd of this year we officially assumed
          8    regulatory jurisdiction over the U.S. Enrichment Corporation
          9    gaseous diffusion plants in Piketon, Ohio, and Paducah,
         10    Kentucky.
         11              In May we witnessed the culmination of nearly a
         12    decade of effort when the Commission issued the final rules
         13    certifying the advanced boiling reactor design by GE Nuclear
         14    and the System 80+ design by ABB Combustion Engineering.
         15              On July 21st the Commission issued the final
         16    license termination rule establishing radiological criteria
         17    for decommissioning and release of a facility for
         18    unrestricted use and conditions and requirements for
         19    restricted release.
         20              The NRC also has made significant progress on
         21    other fronts in areas that continue to receive Commission
         22    focus.  Allow me to mention just a few of these areas both
         23    in terms of the progress we have made and in terms of what
         24    our agenda should be for the near future.
         25              The first such area is a grouping we often refer
                                                                       6
          1    to as design basis issues.  Over the past year we have made
          2    significant progress in this area, but our efforts also have
          3    made it clear that we need a big picture solution rather
          4    than one more strip in a series of band-aids.  Currently we
          5    have multiple methods of dealing with inoperable and/or
          6    degraded conditions, each in a reactor site and each with
          7    its own formula for classifying equipment, structures,
          8    systems and components.
          9              We have 10 CFR 50.59, Generic Letter 91-18,
         10    Appendix B, Criterion 16, the technical specifications, the
         11    FSARs and other guidance, each created at a different point
         12    in the evolution of this agency, each with a specific scope
         13    and purpose.
         14              The resultant ambiguity and overlap of these
         15    methods, guidance documents and requirements have created
         16    inconsistent application or gaps in their application that
         17    can create confusion and inefficiency both for us and for
         18    our various stakeholders, especially those we regulate.  The
         19    agenda for the near future, then, is to find a unified,
         20    consistent approach that also is understandable, is fair,
         21    and is risk informed.
         22              Another area in which we are seeking a big picture
         23    solution concerns the various NRC processes for assessing
         24    power reactor licensees, such as the use of the plant issues
         25    matrix, the plant performance review, the systematic
                                                                       7
          1    assessment of licensee performance, and the senior
          2    management meeting.
          3              NRR currently is working to devise an overall
          4    integrated approach to plant assessment that will clarify
          5    the objectives of each assessment method, eliminate
          6    redundancies, define roles and responsibilities, ensure
          7    consistency, reduce the administrative burden, and match the
          8    processes to staff resources.
          9              A third area that has received a great deal of
         10    attention both from the NRC staff and from outside observers
         11    is the potential external regulation by the NRC of
         12    Department of Energy (DOE) nuclear facilities.  Both the NRC
         13    and the DOE have created high level task forces to identify
         14    the policy and regulatory issues needing analysis and
         15    resolution.
         16              In a June 1997 meeting Secretary of Energy Pena
         17    and I on behalf of the Commission agreed on a pilot program
         18    to explore NRC regulation of DOE facilities.  This pilot
         19    program would simulate NRC regulation of a selected set of
         20    DOE nuclear facilities over a two-year period in order to
         21    help both agencies gain experience in this area.
         22              Simulated regulation, as defined for the purposes
         23    of this pilot program, means that the NRC will test
         24    regulatory concepts and evaluate a facility and its
         25    standards, requirements, procedures, practices and
                                                                      8
          1    activities against standards that the NRC believes would be
          2    appropriate to ensure safety in view of the nature of the
          3    work and the hazards at that pilot facility.
          4              Simulated regulation will involve NRC interactions
          5    with both DOE and DOE contractors as well as other
          6    stakeholders and will involve inspections of each pilot
          7    facility to identify implementation issues but will not
          8    result in enforcement actions to compel compliance with
          9    particular NRC standards or requirements.  Any significant
         10    inspection findings with a health and safety impact will be
         11    transmitted promptly to the appropriate DOE organization for
         12    review and corrective actions as appropriate by the pilot
         13    facility.
         14              In the recently approved NRC budget for fiscal
         15    year 1998 the Congress designated $1 million for this pilot
         16    program.  The NRC and DOE have worked together to prepare a
         17    memorandum of understanding (MOU) to establish the pilot
         18    program framework.  This MOU already has been signed by
         19    Secretary Pena.  I expect to sign the MOU on behalf of the
         20    NRC in the near future once the Commission has completed its
         21    formal action on it.
         22              Two pilot facilities have been chosen to date, the
         23    Lawrence Berkeley Laboratory in California and the Radio
         24    Chemistry Facility at the Argonne National Laboratory.  We
         25    currently are finalizing the NRC teams for the pilot
                                                                       9
          1    activities at each of these facilities.  In fact, just
          2    yesterday an NRC group conducted a site visit to the
          3    Lawrence Berkeley facility.
          4              The third facility for this initial phase of the
          5    pilot in this fiscal year has not been chosen but we are
          6    considering the possibility of a fuel storage facility.
          7              As we proceed in this area we must ensure that our
          8    commitments do not overcome our resources, that is, that any
          9    new responsibilities we take on do not compromise our
         10    ability to regulate effectively within the scope of our
         11    current mission.
         12              In an area that is somewhat related we have
         13    continued to make progress in our activities with respect to
         14    potential regulatory oversight of the Hanford Tank Waste
         15    Remediation project.  In January of this year we signed an
         16    MOU with DOE regarding this project, and in May we
         17    established a full-time, permanent, onsite NRC
         18    representative to handle our issues.  At present we are
         19    continuing to establish review criteria relative to
         20    regulatory and licensing issues and to review submittals of
         21    the DOE contractors.
         22              A lot of our work seems tied up with DOE. 
         23    Certainly in budgetary terms that is not true, but in terms
         24    of new initiatives it is true.
         25              In January of this year DOE also issued its record
                                                                     10
          1    of decision for the storage and disposition of weapons
          2    usable fissile materials.  The dual track approach that DOE
          3    announced involves, first, immobilizing surplus plutonium
          4    with high level radioactive waste in a glass or ceramic
          5    material for direct geologic disposal, and second, burning
          6    some of the surplus plutonium as mixed oxide fuel in
          7    existing commercial nuclear reactors.
          8              The NRC interest in this approach stems from three
          9    areas of potential impact:  high level waste, fuel cycle
         10    facilities, and commercial nuclear power reactors.
         11              The Commission received a briefing from DOE
         12    shortly after the record of decision was issued and in
         13    February and March the NRC sponsored two technical seminars,
         14    both open to the public, in which nuclear industry
         15    representatives made presentations on the fabrication of MOX
         16    fuel and its use in commercial reactors.  More recently the
         17    Commission received a second DOE briefing and update in
         18    which the DOE acquisition strategy for MOX fuel fabrication
         19    and irradiation services was described.
         20              As this area continues to unfold we must ensure
         21    again that the NRC is prepared to perform its emerging
         22    regulatory role in a manner that ensures protection of
         23    public health and safety and that avoids unnecessary delays
         24    or costs.
         25              Another area in which we have made considerable
                                                                      11
          1    strides relates to information technology and information
          2    management.  To ensure that the proper focus and emphasis is
          3    given to this area, the chief information officer has
          4    reorganized both processes and structure to fully integrate
          5    information management into program activities.
          6              A significant accomplishment in this area is the
          7    establishment and the beginning implementation of a
          8    requirement that all budget requests related to information
          9    technology must be evaluated under the capital planning and
         10    information control (CPIC) process before an information
         11    technology system is included in the budget.
         12              The CIO also has developed a comprehensive plan to
         13    repair or to replace systems that require change to be ready
         14    for the year 2000.
         15              This set of topics is only a snapshot based on my
         16    promise to be reasonably brief, but other issues that could
         17    be covered include the potential for tritium production in
         18    commercial light water reactors, the business process
         19    reengineering and guidance consolidation ongoing within
         20    NMSS, and various initiatives that come under the heading of
         21    regulatory excellence or regulatory effectiveness.
         22              In addition, this focus on change and transition
         23    should not minimize the tremendous accomplishment
         24    represented by your day-to-day efforts on tasks that fall
         25    within the more traditional scope of NRC efforts.  What is
                                                                      12
          1    significant to note is that as an agency that is seeing
          2    changes on a variety of internal and external fronts we have
          3    continued to be successful in adapting to and positioning
          4    ourselves for those changes.
          5              A significant factor in this success, which in
          6    itself has been both a challenge and an accomplishment, is
          7    that we have operated for much of this year with a new
          8    organizational alignment and in many cases with a new
          9    management team.
         10              Rarely, if ever, has the NRC gone through a year
         11    with so many individuals taking on new positions of
         12    significant leadership and management responsibility
         13    concomitant with our organizational realignment at the
         14    beginning of 1997.  In almost every case these individuals
         15    have experienced challenges considerably greater or
         16    different in character from anything they had faced before,
         17    and I believe it is to their credit that the present
         18    management team, both in the regions and in headquarters,
         19    has made the transition so smoothly.
         20              Now let me get to my last topic and real area of
         21    focus today.  In making my rounds through various groups of
         22    working level NRC staff I have become increasingly aware of
         23    how important it is that each employee understands his or
         24    her roles and responsibilities, that is, what we do and why
         25    we do it.
                                                                      13
          1              I also have noticed that the eyes sometimes glaze
          2    over when people hear the term "strategic assessment and
          3    rebaselining."  I should tell you that Commissioner
          4    McGaffigan has brought his DSI book with him this morning. 
          5    The eyes glaze over primarily because it has been viewed by
          6    some as a theoretical exercise with little or no practical
          7    value.  Today I intend to mention strategic assessment and
          8    rebaselining repeatedly, and I am going to ask each of you
          9    to pay close attention because I intend to personalize the
         10    message as much as I can to emphasize how planning, budget
         11    and strategic assessment have directly impacted and will
         12    continue to impact you and your daily tasks.
         13              The foundation of strategic assessment and
         14    rebaselining rests on change, the new elements being added
         15    to our mission, the changing world of those we regulate,
         16    that is, new business environments, which dictate that we
         17    must change; new opportunities to use new tools to become
         18    more effective in our regulation; and changing expectations
         19    of our various stakeholders, including the public, the
         20    Executive Branch, as evidenced by Vice President Gore's
         21    national performance review, and the Congress.
         22              Perhaps more than in any recent time the U.S.
         23    Congress has taken a direct and intrusive interest in
         24    holding federal agencies accountable and demanding that they
         25    justify their resource needs, their expenditures, and even
                                                                      14
          1    their existence.
          2              None of you are unfamiliar with terms like
          3    reinventing government or with concepts like do more with
          4    less or with the actual impact of budget cuts.  What is
          5    important to realize, however, is that the stakes are
          6    continuing to rise.  Let me give you an example.
          7              Most of you probably are aware of the information
          8    management issue known as the "year 2000 problem," referring
          9    to the fact that most computer systems that manage dates and
         10    schedules are based on only the last two digits of the
         11    calendar year in question and therefore cannot differentiate
         12    between, for example, the year 2000 and the year 1900.
         13              What you may not know is that the member of the
         14    Congress who oversees information technology issues in the
         15    House of Representatives recently issued a report card in
         16    which federal agencies were graded on their progress in
         17    addressing this problem.  This represents the high attention
         18    being given to this area by the Congress.
         19              But now consider the impact at a practical level. 
         20    Four agencies were put on notice by the Office of Management
         21    and Budget (OMB) that they will not receive any funding for
         22    buying new computer and other information technology systems
         23    in fiscal year 1999 until they have plans in place to
         24    address the year 2000 problem in mission critical computer
         25    systems.
                                                                      15
          1              The point of this example is to illustrate the
          2    degree of detail and the level of interest that the Congress
          3    has in how well agencies can justify what they do, why they
          4    do it, and the resources required.
          5              Looking backward from this perspective, the reason
          6    becomes obvious for the level of effort and attention the
          7    Commission has focused on strategic assessment, the
          8    strategic plan, and the linked performance plan.  Over two
          9    years ago we undertook the strategic assessment and
         10    rebaselining.
         11              Phase 1 of that initiative was painstaking but
         12    simple in nature.  We attempted to answer two basic
         13    questions across the agency and in exhaustive detail:
         14    First, what do we do, and second, why do we do it?
         15              This phase, which was completed in April of 1996,
         16    identified a series of topics on which the Commission needed
         17    to deliberate and to make decisions.  We call these topics
         18    direction setting issues.
         19              Phase 2 involved the development of options to
         20    address each of these issues.  The Commission shared its
         21    preliminary views with stakeholders through the Internet and
         22    public meetings.  The staff reviewed and summarized the
         23    comments from stakeholders on each issue paper associated
         24    with the DSIs and the Commission made its final decisions on
         25    the DSIs.  This phase was essentially completed in August
                                                                      16
          1    1996 except for a few issues.
          2              In phase 3 we developed a new strategic plan based
          3    on the results of the previous two phases undergirded by the
          4    DSI decisions in which we set forth the long-term directions
          5    and goals of the NRC.
          6              In accordance with the Government Performance and
          7    Results Act, what is referred to as GPRA, the strategic plan
          8    will be reviewed annually and updated every three years. 
          9    When last month we submitted to the Congress and the OMB the
         10    NRC fiscal year 1997 to fiscal year 2002 strategic plan,
         11    phase 3 of the strategic assessment and rebaselining had
         12    officially come to an end.
         13              I also should note that a copy of the strategic
         14    plan was distributed to all NRC employees this week, and I
         15    would encourage each of you to review it and to provide your
         16    feedback.
         17              This brings us to the current and final phase of
         18    strategic assessment and rebaselining:  implementation, or
         19    what has been referred to as the rollout of the strategic
         20    plan.  Regardless of what your involvement has been to date,
         21    at this point in the process every employee should sit up
         22    and take notice.
         23              With the issuance of the strategic plan and the
         24    more dynamic performance plan that flows from it we are
         25    putting into place a new agency planning process.  This is
                                                                      17
          1    not, I repeat, not, although it may look like it initially,
          2    an additional task to be added to your workload, because it
          3    is the way to accomplish your work.  In this phase we are no
          4    longer talking about a special one-time effort but rather a
          5    way of doing business.
          6              Each manager, and to a lesser extent each
          7    employee, must understand, first, how to develop an
          8    operating plan for your area of NRC functionality.
          9              Second, how that plan fits into or is linked to
         10    the overall strategic plan.
         11              Third, how to integrate that plan with the budget
         12    process.
         13              Fourth, how to conduct performance monitoring of
         14    the plan as it is executed.
         15              In fact, I would go so far as to pledge to the
         16    working level staff that your managers in the not too
         17    distant future will be sitting down, if they have not
         18    already done so, to explain to you the linkages of the
         19    strategic plan with your specific area of work.  They have
         20    been asked to do that.  And I will be meeting with the SES
         21    managers next month to emphasize precisely this need and
         22    expectation.
         23              The new agency planning process will provide an
         24    effective approach for planning, budgeting and assessing our
         25    performance against the goals of the strategic plan, which
                                                                      18
          1    is what the Congress is specifically looking for.
          2              The chief financial officer (CFO) in conjunction
          3    with the other members of the Executive Council has
          4    developed a new planning and performance management system
          5    that will involve all employees in the planning process down
          6    to the branch and section levels.  The four main components
          7    of the system are as follows:
          8              First, setting the strategic direction and
          9    performance expectations for the specific organization.
         10              Second, determining the resources and the planned
         11    accomplishments necessary to meet those expectations.
         12              Third, measuring and monitoring performance
         13    against the established expectations.
         14              Fourth, assessing performance, developing lessons
         15    learned, and applying the results.
         16              This planning and performance system integrates
         17    many of the ongoing efforts associated with the operating
         18    plan, with program reviews and program evaluations.  In many
         19    ways this planning process represents a paradigm shift that
         20    relates not only to planning and resource management but in
         21    the way that the NRC conducts its business in general.
         22              Again I encourage all of you to become familiar
         23    with the goals of the strategic plan and to provide feedback
         24    on ways that we can more seamlessly integrate planning into
         25    our day-to-day efforts.
                                                                     19
          1              So let me attempt to link all of this together.
          2              The more information and planning involvement that
          3    the staff has at the first line level the more success we
          4    will have in meeting and adhering to the strategic plan. 
          5    The more success we have at adhering to the strategic plan
          6    the more outcomes as opposed to outputs orientated we will
          7    be, and the more likely we will be to have consistency and
          8    acceptable performance in our programs and in our budget
          9    process in a way clearly linked to agency goals as laid out
         10    by the Commission.  Given the current level of congressional
         11    and stakeholder scrutiny, without success and consistency in
         12    these areas, and in particular in our budget process, we
         13    cannot expect to succeed in accomplishing our mission as we
         14    understand it today.
         15              In summary, I hope that I have reemphasized the
         16    significant progress that we have made in a number of areas,
         17    the issues on which we must continue to remain focused, and
         18    in particular the need for additional effort in planning and
         19    financial management.  Most importantly, I hope I also have
         20    exhibited my pride in serving with you in this truly
         21    remarkable agency.
         22              Now I would like to turn this meeting over to you. 
         23    I would ask each of you who wishes to ask a question to use
         24    one of the microphones so that everyone can hear your
         25    question.  Please feel free to direct your question to any
                                                                      20
          1    one of us.  If your question is intended for all of us, I
          2    will refer it to each of my Commission colleagues in turn so
          3    that we can move it along in an efficient manner.
          4              We are ready for the first question.  May we have
          5    the first question, please.
          6              I understand that Mr. James Heck and Ms. Amy
          7    Siller will be the regional question readers.
          8              QUESTION:  In 1974 the NRC was given a threefold
          9    mission, to protect public health and safety, common defense
         10    and security, and the environment.  That mission remains
         11    unchanged, but the context in which that mission is
         12    practiced has changed and continues to change.
         13              We have the increased use of radioisotopes in
         14    medicine and industry, increased attention to the hazard
         15    posed by poorly designed storage and disposal facilities,
         16    the decision by several reactor operators to decommission
         17    their reactors early, the need to decommission materials on
         18    licensees' properties now that the licensees have moved on
         19    to other things, the approaching end of reactor design life,
         20    and the consequent need for more decommissioning and the
         21    lack of interest in design life extension and siting new
         22    reactors.
         23              I have a two-part question.
         24              Part 1, how does the agency intend to change the
         25    use of resources in response to these changes?
                                                                     21
          1              Part 2, how does the agency intend to help
          2    employees learn new skills to adapt to these changes?
          3              Thank you very much.
          4              CHAIRMAN JACKSON:  Thank you.
          5              I can answer that for you.  First of all, there
          6    are specific initiatives under way in each of the areas and
          7    any number of other areas, both the ones that you have
          8    mentioned and others.  More broadly, the issue of the use of
          9    resources is precisely what the new agency planning process
         10    and framework is meant to help us address.  It is also why
         11    it was squarely rooted in the initial phase of strategic
         12    assessment and rebaselining.
         13              It is very important that we understand all of the
         14    things down to the activity level that we are doing, what
         15    the history has been, how external forces are affecting
         16    either our ability to continue doing them or even the need,
         17    necessity or motivation to continue to do them.
         18              In order for us to in fact on the financial side
         19    justify to the Congress, at a time where we are still
         20    essentially 100 percent fee based and our licensees are
         21    undergoing economic stress of their own, the budget that we
         22    think we need, we have to be very careful that we understand
         23    all the things we need to do, why we need to do them, what
         24    should be on the fee base, perhaps what not, and that we can
         25    demonstrate results, that is, outcomes, and not just that we
                                                                      22
          1    are carrying out a series of activities.  That's why the
          2    long discussion I gave you a moment ago about strategic
          3    assessment and rebaselining, the strategic plan which the
          4    Congress is deadly serious about, and about the new planning
          5    framework linked to it.
          6              Concomitant with developing this process we are
          7    also developing and putting into place new resource
          8    management systems.  These are things that I know are new to
          9    people who fundamentally are engineers and scientists, the
         10    technically oriented.  As you know, I as well as my
         11    colleagues also have scientific backgrounds.
         12              Nonetheless, the changes that we face and our
         13    ability to respond to those changes in real time really
         14    require different, better, more integrated planning than we
         15    have ever done before, predicated on the best set of
         16    assumptions that we can make, based on the best data we have
         17    about what things are coming down the pike, but that's also
         18    why the plan and the planning process is evergreen, because
         19    our long-term goals and vision will not change overnight,
         20    but we do have to be able to evolve how we carry out our
         21    business.
         22              As far as new skills are concerned, there is an
         23    effort under way looking at in fact having skills
         24    assessments done both in terms of our existing set of skills
         25    in our population as well as new skills that may be needed
                                                                      23
          1    for new initiatives such as our PRA implementation plan and
          2    its various aspects, or new ways of doing our fundamental
          3    jobs as well as new tasks we may take on.
          4              These things then will be married, and it's being
          5    carried out under the umbrella of the Office of Human
          6    Resources and in Mrs. Norry's line organization to ensure
          7    that we have a strategy that relates to how people should be
          8    trained, what jobs they can do, and how that folds into any
          9    other planning we need to do, including recruitment.  So
         10    that, in a nutshell, is kind of the net-net answer to your
         11    question.
         12              Is there another question?
         13              MS. FRATTALI:  Yes.  I'm Dr. Sandra Frattali from
         14    the Office of Research.  In your original remarks you
         15    mentioned meetings directly with working staff.  You
         16    mentioned that you would like to continue these meetings and
         17    to do them with each one of us.  I have a question about
         18    these meetings.
         19              Are they formal?  Are they informal?  How are they
         20    arranged?
         21              How is the staff prepped?
         22              Is management present?  Is your staff present?
         23              Is the exchange of information open?
         24              How do you choose who to speak with?
         25              In other words, is this truly an exchange of
                                                                      24
          1    information with the working staff, or is it filtered
          2    through the existing system so that you hear what you always
          3    have heard in the past?
          4              Thank you.
          5              CHAIRMAN JACKSON:  Thank you for the question.
          6              [Applause.]
          7              CHAIRMAN JACKSON:  As they say, the proof will be
          8    in the pudding.  I've carried out a number of meetings in
          9    the regions and a few here in headquarters.
         10              The answer to your question is, no, management is
         11    not present.  I talk directly with the staff.
         12              For instance, in the regions I meet with
         13    everybody, but I meet with groupings that relate to the
         14    work.  So I meet with the Division of Reactor Projects, all
         15    of the people; the Division of Reactor System, all of the
         16    people; DURMA; the Division of Nuclear Materials Safety and
         17    Safeguards.
         18              Unfettered discussion.  There is no preparation
         19    necessary.  I'm not prepared; I'm not looking for formal
         20    statements from people; they're not being queried on their
         21    jobs or job performance; I'm just there to listen, to
         22    address their questions, to lay out a vision not unlike what
         23    I have discussed already this morning, and to get feedback
         24    and to try to address people's questions.
         25              What I don't do, which is the same as here today,
                                                                      25
          1    is address specific personnel issues, specific work
          2    condition issues, but to try to understand in the large
          3    people's concerns and to try to engender a shared vision. 
          4    But it is a very informal, unstructured process.  Since I
          5    was just in Region I, I would invite you to speak with any
          6    of your friends in the region and have them tell you how the
          7    discussions went.
          8              I thank you for your question.
          9              Is there another question?
         10              QUESTION:  Good morning, Chairman Jackson, good
         11    morning Commissioners.
         12              My first question from the region.  As you may
         13    know, there has been a significant loss of senior resident
         14    and resident inspector personnel from program over the past
         15    year both to industry and to other NRC jobs.  What is the
         16    Commission doing to enhance retention and recruitment of
         17    high quality resident inspectors?
         18              CHAIRMAN JACKSON:  Thank you for the question. 
         19    We're aware of the fact that we need to be very concerned
         20    about stabilization of the ranks of the resident inspectors. 
         21    So in addition to looking specifically at having done a job
         22    task analysis of the resident inspector program, we are also
         23    looking at issues and possible mechanisms for how to bring
         24    people into the agency as well as the generalized terms and
         25    conditions of the work of those people, which I am not going
                                                                      26
          1    to discuss.
          2              As I visited the various regions I have been made
          3    very aware of the administrative burden that a number of the
          4    resident inspectors feel they have.  Part of some of what we
          5    are doing in the large, such as the integrated assessment of
          6    the reactor assessment programs that we have as well as a
          7    number of information management initiatives that are under
          8    way, is meant to address work conditions.
          9              I would invite you afterwards to in fact talk with
         10    Mrs. Norry or Mr. Callan, the EDO, because there are a
         11    number of specific initiatives under way having to do with
         12    recruitment and retention of resident inspection personnel.
         13              Thank you.
         14              Is there another question?
         15              QUESTION:  I have another question from the
         16    region.  Can the Commission provide an overview or summary
         17    of its vision of risk assessment for materials programs?  We
         18    understand that a project is currently under way to evaluate
         19    risk assessment in this area, but does the Commission
         20    envision use of standard PRA techniques or a different
         21    approach?
         22              CHAIRMAN JACKSON:  Thank you.  I'll speak and then
         23    I would invite any of my Commission colleagues who wish to
         24    comment.
         25              You are correct that there is an effort under way
                                                                     27
          1    that Mrs. Federline from the Office of Nuclear Materials
          2    Safety and Safeguards spoke to at a recent Commission
          3    meeting on the PRA implementation plan.  It is an effort
          4    meant to look not only at PRA as such and its use in nuclear
          5    materials activities, but at the use of other risk or hazard
          6    assessment methodologies.
          7              The nuclear materials area, as you know, is very
          8    diverse.  Depending upon whether one is talking about
          9    decommissioning a site, making an assessment for a possible
         10    high level waste geologic repository, looking at issues
         11    related to fuel cycle facilities, or the use of
         12    radioisotopes in medicine, then the particular risk
         13    assessment methodology that may be relevant could be
         14    different.
         15              For instance, when one is talking about a geologic
         16    repository, there is a whole methodology and set of
         17    activities associated with it in the performance assessment
         18    area, and while it bears a number of things in common with
         19    PRA techniques, they aren't exactly the same.
         20              When one is talking about fuel cycle facilities,
         21    there is what is known as an integrated safety assessment
         22    that takes account of the fact that the fuel cycle
         23    facilities not only are handling special nuclear material,
         24    but they essentially are chemical plants.  There is a
         25    rulemaking under way for revision to Part 70 that has that
                                                                      28
          1    aspect folded in.
          2              Similarly, if one is talking about the use of
          3    radioisotopes in medicine, one wants to have as risk
          4    informed an approach as possible, but again the techniques
          5    may be different.
          6              So risk assessment may have a slightly different
          7    life form, depending upon the exact application, but what
          8    the Commission is encouraging is as much cross fertilization
          9    and feed in from one area to the other of techniques as they
         10    are developed and as they mature in order to have as robust
         11    a risk assessment framework as we can have but in addition
         12    to potentiate all the activities to move them along at a
         13    faster pace.
         14              Let me ask Commissioner Dicus if she has any
         15    comments.
         16              COMMISSIONER DICUS:  I think the issue that the
         17    Chairman brought up regarding the wide range of uses with
         18    radioactive materials is a great deal of the problem in
         19    being able to get into risk assessments and risk informed
         20    type regulations and activities, because one size will not
         21    fit all, and that's the problem that they are trying to
         22    wrestle with at this time, and having to use the various
         23    techniques and perhaps devise some new techniques to address
         24    it.
         25              Nevertheless, I think it's critically important
                                                                      29
          1    that we do this because it's in this area, in the use of
          2    radioactive materials in this area that we have the public
          3    being exposed to radiation; it's not in the reactor side of
          4    the house; it's in the materials side of the house that the
          5    public is being exposed unnecessarily in some cases when we
          6    lose control of that material, or in the case of medicine,
          7    where it's intentional.  I think that underscores the need
          8    to approach our regulatory structure in a risk informed
          9    manner, but it's not easy to do given the diversity of the
         10    uses.
         11              CHAIRMAN JACKSON:  Thank you.
         12              Is there another question?
         13              MR. RANDALL:  I'm John Randall from the Research
         14    Office.  In September an SRM came out on separating
         15    rulemaking from research and also consolidating research
         16    from other offices into Research.  In that memo I could not
         17    detect a long-term vision by the Commission about what the
         18    research function should be at the NRC.  Could you address
         19    that, please?
         20              CHAIRMAN JACKSON:  The rulemaking for a time has
         21    been obviously only a part of the activity of the Office of
         22    Research.  The Commission's decision to have the rulemaking
         23    moved into the program offices related to having that
         24    rulemaking closer to where the regulatory activity was
         25    occurring.
                                                                      30
          1              In terms of a long-term vision for the Office of
          2    Research, I would ask you to in fact review DSI 22 where the
          3    Commission lays out its position in that regard.  But let me
          4    try to give you a few key elements.
          5              The Commission envisions Research being the
          6    repository of certain high level core competencies that
          7    undergird the technical work that is the heart of how we
          8    make our regulatory judgments.  To that end, in fact the
          9    Office of Research has been asked to develop an assessment
         10    and a working vision for itself of what those core
         11    competencies need to be.
         12              In addition, the Commission has said that it
         13    expects the Office of Research not only to do confirmatory
         14    research or to be responsive to user needs, but in fact to
         15    do anticipatory research, namely, looking ahead and trying
         16    to understand where there are key issues that need to be
         17    addressed that relate to safety questions that arise, or
         18    potential safety questions.  So it has both a real time need
         19    to undergird the technical work that relates to the
         20    day-to-day regulatory program as well as a going forward,
         21    looking ahead perspective in terms of what it does.
         22              Finally, the Office of Research has been asked to
         23    look at how it prioritizes its activities to ensure that
         24    what it does is focused and is as risk informed as the
         25    activities that go on in the day-to-day research programs
                                                                     31
          1    and to use that as the basis not only of deciding what new
          2    work to do, but to decide what work not to do, or work to
          3    sunset.
          4              Being the fundamental repository of the technical
          5    expertise in the areas necessary for us to carry out our
          6    research program, to have a vision that is risk informed in
          7    terms of how it chooses to do the work it does, and how it
          8    prioritizes that work and to have a focus that is both
          9    confirmatory or user need oriented but anticipatory are
         10    critical elements.
         11              I don't know if any of my fellow Commissioners
         12    would like to add anything, but if you want to when we have
         13    a break, Commissioner McGaffigan has DSI 22 here.
         14              I think Commissioner Diaz would like to make a
         15    comment.
         16              COMMISSIONER DIAZ:  I can see some of the
         17    background of the question.  It is well known that when
         18    resources get scare research is first to be cut.  This is
         19    true universally.
         20              I think the long-term vision of the Commission was
         21    that we need to ensure that we have a strong research
         22    organization that is very plugged into the issues, that is
         23    accountable, and that everybody can recognize its expertise. 
         24    I believe the change that has been made has been to
         25    stabilize it and actually make it into a long-term component
                                                                      32
          1    of the NRC not threatened by additional cuts but a vital
          2    part of what we do.  Thank you.
          3              MR. RANDALL:  I think Commissioner Diaz answered
          4    the question I was going to ask.  I agree with the
          5    Commission's preliminary view on DSI 22.  I read that pretty
          6    carefully, and what you have just said, Chairman Jackson,
          7    but none of that can happen without the resources.  I think
          8    that's a very difficult problem for the Research Office
          9    right now.
         10              CHAIRMAN JACKSON:  I think today you have a
         11    Commission that is committed to and understands the clear
         12    importance of a research organization within an agency like
         13    the NRC.  In fact, I spoke to that at the recent water
         14    reactor safety meeting.  At the same time, the Office of
         15    Research itself has an opportunity to develop an operational
         16    vision consistent with what you heard from Commission Diaz
         17    and myself.
         18              I am well aware of the kind of, let us call it,
         19    savage budget cuts over the years well before this
         20    Commission was in place that the Office of Research has
         21    faced, but at the same time we are in budget reality space.
         22              As I have said and tried to say in terms of my
         23    overall remarks, the secret to ensuring that we have the
         24    kind of stabilized, respected research organization that
         25    undergirds our regulatory program but is forward looking is
                                                                      33
          1    that in fact that organization itself is able to clearly lay
          2    out and prioritize what it needs to do and that it is hooked
          3    into where the action is and is not necessarily holding on
          4    to where the action is not.  So I think that, in an
          5    overarching way, should give you a vision, and I think you
          6    have a new leadership that is oriented to ensuring that in
          7    fact that occurs.
          8              Is there another question?
          9              QUESTION:  Madam Chairman, the past year or year
         10    and a half there have been a high number of retirements
         11    among high ranked officials in the agency, particularly in
         12    the program offices.  In the memory of some this has been a
         13    rather unusual exodus with a substantial loss of experience. 
         14    In light of the unique responsibilities of the agency in
         15    protection of the nation's safety and health, does this
         16    drain of experience pose any concern to the members of the
         17    Commission?
         18              CHAIRMAN JACKSON:  At any given time there are
         19    obviously turnovers in the ranks both of staff and
         20    management.  If there is expertise that exits when those
         21    individuals exit, that is always an issue of concern.  But I
         22    think in fact the Commission and I certainly are comforted
         23    by the fact that we have an extremely able group of managers
         24    who have come up and taken the place of those who have gone,
         25    who themselves have come up through and under the tutelage
                                                                      34
          1    of many of the people who have left, but they also are
          2    managers who have a vision that is oriented to positioning
          3    the agency for change, who know what they have to do to try
          4    not only to stabilize and enhance the staff we currently
          5    have, but to build it up as necessary through recruitment
          6    and/or training of individuals.
          7              I think it is true that a number of people with
          8    many years of experience have left, but it is a kind of
          9    transition that many organizations undergoing change have
         10    experienced, and I have every confidence in the new
         11    management team and that we are going to come through this
         12    and are coming through it with flying colors.
         13              I don't know if any of my fellow Commissioners
         14    have any comments they wish to make.
         15              COMMISSIONER McGAFFIGAN:  I'd just echo the
         16    Chairman's remarks.  I have total confidence in the team
         17    that we have in place.  I think one of the things that we
         18    are going to do better in the future is succession planning. 
         19    Mr. Callan is already trying to think through the future and
         20    put in place ideas for how this generation of managers will
         21    itself be succeeded.  So I echo the Chairman's remarks.
         22              CHAIRMAN JACKSON:  That's an excellent point.
         23              Commissioner Diaz.
         24              COMMISSIONER DIAZ:  I think Commissioner
         25    McGaffigan last year said that he had met ten wise men in
                                                                      35
          1    the Commission staff.  I would like to say that I have met a
          2    lot more and that we feel very comfortable with the wisdom
          3    that we get from you, and we thank you for it.
          4              CHAIRMAN JACKSON:  I would just repeat that except
          5    to say men and women.
          6              [Laughter.]
          7              COMMISSIONER DIAZ:  It was a generic issue.
          8              [Laughter.]
          9              CHAIRMAN JACKSON:  Yes.  It's like humankind or
         10    mankind.  Thank you.
         11              Another question, please?
         12              MS. KOTRA:  Good morning, Madam Chairman. 
         13    Dr. Janet Kotra from the Division of Waste Management.  I
         14    have observed that periodically various commissions take aim
         15    at the length of the concurrence process in generating
         16    issues for the Commission.  I've also observed that every
         17    time that happens a shadow concurrence process emerged that
         18    may be just as onerous before the actual concurrence process
         19    is initiated.  Setting aside the somewhat demoralizing
         20    impact that that has on those of us at the bottom of the
         21    food chain, I gather that is more appropriately addressed by
         22    Mrs. Norry's initiative.
         23              I was wondering if the Commission had given
         24    thought from a resource and efficiency point of view whether
         25    this is truly resulting (a) in superior products that arrive
                                                                      36
          1    for the Commission's consideration, and secondly, whether
          2    this is the most efficient and effective way to do business.
          3              Thank you.
          4              CHAIRMAN JACKSON:  Thank you.  I think there are
          5    two things that can be said in response to your question.
          6              One is that the Commission, this Commission in
          7    particular, is very focused on the efficiency with which the
          8    work gets done, and in some sense you could argue almost
          9    creates forcing functions in terms of the kinds of deadlines
         10    that we set for the work.  That obviously does not get down
         11    to the detailed level of how the actual concurrence process
         12    occurs.  It's very important, though -- and that's the role
         13    of the management -- that work does get the appropriate
         14    review before it comes to the Commission.
         15              Nonetheless, I know that the concurrence process
         16    is something that Mr. Callan has as something that he is
         17    looking at and he knows of the Commission interest in it,
         18    and there in fact is an experiment, I believe, that is just
         19    beginning in the Office of Research looking at ways to
         20    shorten that process.  I think, depending upon how we are
         21    informed by what comes out of that, there are opportunities
         22    for improvement in that regard.
         23              I don't think it is the Commission's role to get
         24    down into the details to say who should sign off on what,
         25    but rather to indicate to Mr. Callan its interest in seeing
                                                                      37
          1    that we have an efficient but an effective process that
          2    results in reasonable time frames in products coming to the
          3    Commission but with the right quality, and I think the kind
          4    of initiative that is under way under Dr. Knapp's tutelage
          5    in the Office of Research is very important in this regard.
          6              Thank you.
          7              Are there other questions.
          8              MR. MARKLEY:  Good morning, Chairman and
          9    Commissioners.  My name is Anthony Markley.  I'm in the
         10    Office of Nuclear Reactor Regulation.  From my time of
         11    working with the Commission I have gained some appreciation
         12    of the outside influences and concerns that the Commission
         13    deals with.
         14              Having returned to the staff and gone through the
         15    experiences of generating operating plans and things of that
         16    nature and becoming acquainted with the challenge of
         17    resources, and what have you, I have come away very troubled
         18    in one regard.  In terms of dealing with supervisor ratios,
         19    I think the agency will probably be able to handle that
         20    situation, although it will present diminished opportunities
         21    for members of the staff.
         22              But the area that is even more troubling than that
         23    is the outside influences that deal with the percentage of
         24    the agency grade 14's and above.  Historically the NRC and
         25    NASA have been highly graded technical agencies that
                                                                      38
          1    required a great level of technical expertise to accomplish
          2    their health and safety mission.  With this outside pressure
          3    to reduce grades and to bring in people of lower grades to
          4    essentially do the equivalent work, I am concerned that this
          5    is going to cause us a great deal of challenge.
          6              To use an educational field metaphor, if we
          7    continue in the reduction of grade levels and reduction of
          8    opportunities to the people, are we going to essentially
          9    deal with a dumbed-down version of the NRC for the future to
         10    deal with these changing fields and challenges that we are
         11    going through?  Will the Commission at some time realize or
         12    come to understand that there is a point where it may be
         13    necessary to draw a line in the sand and say that if we
         14    continue declines in our resources, the grade levels, the
         15    decline of expertise, that we will no longer be able to
         16    accomplish our safety mission?
         17              I'd like to get your views on that subject.
         18              CHAIRMAN JACKSON:  Let me state, first of all,
         19    unequivocally that the Commission obviously is not
         20    interested in having a "dumbed-down staff."  That does not
         21    help us accomplish our mission.
         22              Secondly, we clearly understand the need for
         23    technically, highly competent staff.
         24              However, at the same time we have to balance
         25    various realities.  As I said earlier, and it's a very
                                                                      39
          1    important point, in order for us to draw the line in the
          2    sand, we have to know where the line ought to be.  That's
          3    number one.  In order to stabilize ourselves relative to
          4    whether it's grade levels or overall head count, we again
          5    have to be very clear on what it is we must do and what we
          6    need in the way of resources, including human resources and
          7    the talents associated with that, to accomplish those tasks.
          8              You heard this morning mention made of various
          9    initiatives, including succession planning, skills
         10    assessment, et cetera, and all of that is being done to
         11    address the kind of issue that you are talking about,
         12    namely, to come away with a clear understanding of what it
         13    is we now must do, what kind of people and skills do we need
         14    to do it, what do we have, and what does that imply about
         15    the skills mix, and then all of that works its way through
         16    the human resource system in terms of grades and so forth.
         17              Before the Commission can step out and make a
         18    statement it needs to know exactly where that line in the
         19    sand is, and that has to be developed by the various
         20    initiatives and by the managers who have responsibility to
         21    do that.  The worst thing in the world is to cry wolf and to
         22    go out and say, you know, you're killing us, because it has
         23    happened in budget land.  The Congress looks at your
         24    credibility; the Office of Personnel Management looks at
         25    your credibility; the OMB looks at your credibility.  So
                                                                      40
          1    we're very concerned about these sorts of issues, but we
          2    want to be sure that when we step out we have credible
          3    statements to make.
          4              Is there another question.
          5              QUESTION:  This question is directed to the
          6    Commission.  President Clinton signed an executive order
          7    requesting federal agencies to involve historically black
          8    colleges and universities in their activities.  What has the
          9    NRC or what does the NRC plan to do to involve faculty,
         10    staff and students from historically black colleges and
         11    universities?
         12              CHAIRMAN JACKSON:  I can't give you a detailed
         13    response.  What I am going to do is to refer you to
         14    Mrs. Irene Little to give you the specific statistics and
         15    set of activities that we carry out.
         16              I would just say to you that in the general sense,
         17    just as when we had our recent EEO briefing of the
         18    Commission, the Commission is committed to having the
         19    appropriate involvement, both in terms of employees as well
         20    as our outreach activities, with all historically
         21    underrepresented groups, and we had a particularly focused
         22    discussion on Hispanic Americans at the previous EEO
         23    briefing of the Commission.
         24              So let me take that question under advisement.  We
         25    will get you specific information, and if there is a problem
                                                                      41
          1    relative to the executive order vis-a-vis the resources we
          2    have available, then we can address it at that point.  Thank
          3    you.
          4              Is there another question?
          5              QUESTION:  I have another question from the
          6    region.  Given the recent troubles experienced by vendors
          7    that manufacture approved spent fuel storage casks through
          8    ongoing bankruptcy and regulatory issues, how concerned is
          9    the Commission that some reactors may have to shut down in
         10    the not too distant future because of the lack of viable
         11    options for removing spent fuel from the spent fuel pools?
         12              CHAIRMAN JACKSON:  Obviously the issue of spent
         13    fuel storage capacity at operating reactors is a very
         14    relevant issue and an issue that affects the continued
         15    operation.  While I think it is an issue that is of concern,
         16    it is not at this point a crisis.  I am well aware of the
         17    bankruptcy of one of the cask vendors, but I don't believe
         18    that they are the only vendors whose casks we have approved
         19    for use for dry cask storage at reactor sites.
         20              In the end, yes, we have a concern, but that
         21    concern cannot overshadow the public health and safety
         22    responsibility that we have.  Again, I guess my statement to
         23    you is, yes, we are well aware of the bankruptcy at least in
         24    one case; yes, we generally know there is an issue with
         25    respect to spent fuel storage capacity, particularly in the
                                                                      42
          1    spent fuel pools at reactor sites; yes, that makes licensees
          2    more dependent upon the use of dry casks; but, yes, there is
          3    more than one dry cask vendor whose designs we have
          4    certified or licensed.  Thank you.
          5              Commissioner.
          6              COMMISSIONER McGAFFIGAN:  If I could just try to
          7    add to that.  Many of the licensees are giving increased
          8    attention to their suppliers and taking more ownership
          9    responsibility for their suppliers.  I think this crisis is
         10    partly in the hands of the licensees and working with their
         11    suppliers.
         12              CHAIRMAN JACKSON:  Thank you.  That's an excellent
         13    point, because it's in their interest.
         14              Further questions.
         15              QUESTION:  Another regional question.  This is for
         16    the Commission and it's a two-part question regarding
         17    safety.
         18              What is the Commission doing to ensure that the
         19    safety impact of the economic deregulation of the electric
         20    utility industry is minimized, and has the Commission
         21    considered the potential impact of economic competition
         22    between nuclear power producers on the willingness of the
         23    licensees to freely share important safety information?
         24              CHAIRMAN JACKSON:  I will make an initial comment
         25    and call on my Commission colleagues.
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          1              You heard me discuss in my opening remarks the
          2    integrated review the Commission has asked the staff to make
          3    of our plant assessment processes and try to look at what
          4    role they are meant to serve, eliminate duplication or
          5    redundancy, but to ensure that, roughly speaking, the
          6    waterfront is covered.  That's number one.
          7              Let me just make an overarching statement.  The
          8    overarching statement is that all of the initiatives that
          9    the Commission has asked the staff to undertake are oriented
         10    exactly to this end, to ensure through the use, for
         11    instance, of PRA and risk informed regulation that we and
         12    our licensees stay focused on the things that have the
         13    greatest risk significance, that having done that, that we
         14    lay out our expectations and enforce them.
         15              Second, the staff is taking a look at our various
         16    plant assessment processes up to and including the senior
         17    management meeting.
         18              As part of review of the senior management meeting
         19    process the Commission has asked the staff to work to
         20    develop objective performance indicators, including ones as
         21    they are available that are risk informed but ones that in
         22    fact are oriented to being able to detect early on signs of
         23    economic stress that may be affecting the safety performance
         24    of our licensees.
         25              The issue of how freely information is shared is
                                                                      44
          1    in fact something that the industry itself is looking at,
          2    both at the level of INPO as well as with NEI, because there
          3    is a clear understanding that information sharing and peer
          4    review and those linked processes are very important.
          5              I think it's something that from our point of view
          6    we have to watch.  I don't know that we have any plans at
          7    this particular time to force inter-utility sharing of
          8    information, but we look at the results.
          9              We do have certain information requirements in
         10    terms of the use of reliability data that we have been
         11    working with the industry on, but that has to do with that
         12    information coming to us.  That does link to how the
         13    information is gathered in the industry.
         14              I know it's something that Commissioner Diaz has
         15    also thought about.  So I'm going to ask him to speak to
         16    this.
         17              COMMISSIONER DIAZ:  Thank you.  This issue of
         18    deregulation is like preparing for a storm but you don't
         19    know whether it's a tornado or just a mild thunderstorm
         20    coming.  I think what we have done is try to maintain the
         21    stability of the processes and the accountability of the
         22    processes from both the safety viewpoint, the ownership, the
         23    decommissioning.  Every one of those issues that we can put
         24    our hands on we have directed the staff to be aware, to
         25    track them, and to maintain for the record what are the
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          1    different interactions.
          2              I think at the present time, like the Chairman
          3    said, there is little we can do until we get a better
          4    definition of the storm, but it is an issue that is upon us,
          5    and I think we are very concerned about it and I think we
          6    have taken the necessary steps to address it.
          7              CHAIRMAN JACKSON:  Commissioner Dicus.
          8              COMMISSIONER DICUS:  I agree with what has been
          9    said so far.  To add another point to it, particularly on
         10    the deregulation and the impacts that this may have, we are
         11    also working with the rate-setting bodies, making them very
         12    much aware of our concerns with the safety culture as plants
         13    become stressed perhaps economically or as they move
         14    economically to better be competitive in the market.  We are
         15    dealing with NARUC, even with the FERC, and making them
         16    aware of the issues, together with some rulemaking that is
         17    going on.
         18              With regard to sharing information, clearly, as
         19    you have heard, that's not necessarily an area that we can
         20    get into other than to be aware of it and to continue to
         21    encourage the sharing of information.  As a positive note,
         22    I've even had a few of either the utilities or industry reps
         23    suggest that the sharing may increase in order to survive
         24    the nuclear part of power generation.  So there could be a
         25    very positive impact.
                                                                      46
          1              CHAIRMAN JACKSON:  Commissioner McGaffigan.
          2              COMMISSIONER McGAFFIGAN:  Let me add a couple
          3    points.  First of all, safety doesn't have to be an economic
          4    problem.  There is a virtuous quadrant of low SALP scores,
          5    1's and 1.25's, and low cost.  We'd like the entire industry
          6    to be in that area if it could get there.  So safety doesn't
          7    have to cost.
          8              One aspect of economic deregulation that we are
          9    going to have to grapple with that could be a safety benefit
         10    is there may be significant consolidation as a result of
         11    economic deregulation with the quality of the licensees
         12    perhaps going up on average as a result of economic
         13    deregulation.  That's the hope.  That is going to be the
         14    result of economic decisions that people make, not our
         15    decisions, but it's a possible outcome that you will get on
         16    average better operators in the end.
         17              CHAIRMAN JACKSON:  Thank you.  I would just have
         18    two additional comments to add.  One is that I've always
         19    made the point that good economic performance and safety go
         20    hand in hand in the sense that if you have a plant that is
         21    well run and it's reliable, the kinds of safety systems and
         22    issues that we are concerned about are ones that are at the
         23    heart of having a reliable and well run operation.
         24              Money comes into play many times when licensees
         25    have dug themselves into a hole in terms of their safety
                                                                      47
          1    performance and in terms of not having taken care of their
          2    plants all the way along.
          3              It's as if you have a car, always my favorite
          4    analogy, and you don't take care of it.  If you just let it
          5    fall apart on you and now you have to try to rebuild the
          6    body, replace the brakes, put in a new steering column, et
          7    cetera, et cetera, you're going to have a much more
          8    expensive process; if you haven't tuned the engine, you
          9    don't put oil in it, and you now have to rebuild or replace
         10    that engine, then you have a very expensive proposition.
         11              That's very different than operating at a certain
         12    baseline where you have a certain baseline performance and
         13    you try to stay there, and then I think you propagate
         14    directly into what the Commissioner has said.
         15              Having said that, we have made the point, as
         16    Commissioner Dicus has said, with various state regulatory
         17    entities, and certainly in my discussions with the members
         18    of Congress on the Hill I have made the point, that in terms
         19    of any kind of a transition to a deregulated regime, then
         20    one wants to not necessarily have unlevel playing fields but
         21    there are concerns relative to the financial wherewithal of
         22    these companies.
         23              Again, we may have big players, bigger players who
         24    are better players who emerge out of all of this.  So other
         25    than our being sure that we are looking at the right things
                                                                      48
          1    and that we take the actions that we need to take and
          2    speaking out as appropriate, I think we are doing all that
          3    can reasonably be done at this point.
          4              As Commissioner McGaffigan said, good economic
          5    performance and deregulation and competition are not
          6    necessarily bad.  It's bad for those that have dug
          7    themselves into a hole that they have to get out of.
          8              Another question?  This is your big chance.  It's
          9    our big chance.
         10              COMMISSIONER McGAFFIGAN:  I think the region has
         11    had more questions than headquarters so far.
         12              CHAIRMAN JACKSON:  Are there other questions here
         13    in headquarters?
         14              If not, let me thank you very much.  We have
         15    enjoyed it.  It's good to see you.
         16              [Applause.]
         17              [Whereupon, at 11:48 a.m., the public meeting was
         18    concluded.]
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Thursday, February 22, 2007