[House Hearing, 113 Congress] [From the U.S. Government Publishing Office] ? ENERGY AND WATER DEVELOPMENT APPROPRIATIONS FOR 2014 _______________________________________________________________________ HEARINGS BEFORE A SUBCOMMITTEE OF THE COMMITTEE ON APPROPRIATIONS HOUSE OF REPRESENTATIVES ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION ________ SUBCOMMITTEE ON ENERGY AND WATER DEVELOPMENT RODNEY P. FRELINGHUYSEN, New Jersey, Chairman MICHAEL K. SIMPSON, Idaho MARCY KAPTUR, Ohio RODNEY ALEXANDER, Louisiana PETER J. VISCLOSKY, Indiana ALAN NUNNELEE, Mississippi ED PASTOR, Arizona KEN CALVERT, California CHAKA FATTAH, Pennsylvania JOHN R. CARTER, Texas CHARLES J. FLEISCHMANN, Tennessee NOTE: Under Committee Rules, Mr. Rogers, as Chairman of the Full Committee, and Mrs. Lowey, as Ranking Minority Member of the Full Committee, are authorized to sit as Members of all Subcommittees. Rob Blair, Angie Giancarlo, Loraine Heckenberg, Ben Hammond, and Perry Yates, Staff Assistants ________ PART 7 DEPARTMENT OF ENERGY Page Nuclear Waste Programs and Strategies............................ 1 Major Construction Projects, FY 2014 Budget...................... 145 ________ Printed for the use of the Committee on Appropriations PART 7--ENERGY AND WATER DEVELOPMENT APPROPRIATIONS FOR 2014 ? ENERGY AND WATER DEVELOPMENT APPROPRIATIONS FOR 2014 _______________________________________________________________________ HEARINGS BEFORE A SUBCOMMITTEE OF THE COMMITTEE ON APPROPRIATIONS HOUSE OF REPRESENTATIVES ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION ________ SUBCOMMITTEE ON ENERGY AND WATER DEVELOPMENT RODNEY P. FRELINGHUYSEN, New Jersey, Chairman MICHAEL K. SIMPSON, Idaho MARCY KAPTUR, Ohio RODNEY ALEXANDER, Louisiana PETER J. VISCLOSKY, Indiana ALAN NUNNELEE, Mississippi ED PASTOR, Arizona KEN CALVERT, California CHAKA FATTAH, Pennsylvania JOHN R. CARTER, Texas CHARLES J. FLEISCHMANN, Tennessee NOTE: Under Committee Rules, Mr. Rogers, as Chairman of the Full Committee, and Mrs. Lowey, as Ranking Minority Member of the Full Committee, are authorized to sit as Members of all Subcommittees. Rob Blair, Angie Giancarlo, Loraine Heckenberg, Ben Hammond, and Perry Yates, Staff Assistants ________ PART 7 DEPARTMENT OF ENERGY Page Nuclear Waste Programs and Strategies............................ 1 Major Construction Projects, FY 2014 Budget...................... 145 ________ Printed for the use of the Committee on Appropriations ________ U.S. GOVERNMENT PRINTING OFFICE 87-779 WASHINGTON : 2014 COMMITTEE ON APPROPRIATIONS HAROLD ROGERS, Kentucky, Chairman C. W. BILL YOUNG, Florida \1\ NITA M. LOWEY, New York FRANK R. WOLF, Virginia MARCY KAPTUR, Ohio JACK KINGSTON, Georgia PETER J. VISCLOSKY, Indiana RODNEY P. FRELINGHUYSEN, New JerseyJOSE E. SERRANO, New York TOM LATHAM, Iowa ROSA L. DeLAURO, Connecticut ROBERT B. ADERHOLT, Alabama JAMES P. MORAN, Virginia KAY GRANGER, Texas ED PASTOR, Arizona MICHAEL K. SIMPSON, Idaho DAVID E. PRICE, North Carolina JOHN ABNEY CULBERSON, Texas LUCILLE ROYBAL-ALLARD, California ANDER CRENSHAW, Florida SAM FARR, California JOHN R. CARTER, Texas CHAKA FATTAH, Pennsylvania RODNEY ALEXANDER, Louisiana SANFORD D. BISHOP, Jr., Georgia KEN CALVERT, California BARBARA LEE, California JO BONNER, Alabama ADAM B. SCHIFF, California TOM COLE, Oklahoma MICHAEL M. HONDA, California MARIO DIAZ-BALART, Florida BETTY McCOLLUM, Minnesota CHARLES W. DENT, Pennsylvania TIM RYAN, Ohio TOM GRAVES, Georgia DEBBIE WASSERMAN SCHULTZ, Florida KEVIN YODER, Kansas HENRY CUELLAR, Texas STEVE WOMACK, Arkansas CHELLIE PINGREE, Maine ALAN NUNNELEE, Mississippi MIKE QUIGLEY, Illinois JEFF FORTENBERRY, Nebraska WILLIAM L. OWENS, New York THOMAS J. ROONEY, Florida CHARLES J. FLEISCHMANN, Tennessee JAIME HERRERA BEUTLER, Washington DAVID P. JOYCE, Ohio DAVID G. VALADAO, California ANDY HARRIS, Maryland ---------- 1}}Chairman Emeritus William E. Smith, Clerk and Staff Director (ii) ENERGY AND WATER DEVELOPMENT APPROPRIATIONS FOR 2014 ---------- ---------- Thursday, April 11, 2013. NUCLEAR WASTE PROGRAMS AND STRATEGIES WITNESSES Panel 1: PETER B. LYONS, ASSISTANT SECRETARY FOR NUCLEAR ENERGY, DEPARTMENT OF ENERGY MICHAEL WEBER, DEPUTY EXECUTIVE DIRECTOR FOR MATERIALS, WASTE, RESEARCH, STATE, TRIBAL, AND COMPLIANCE PROGRAMS, NUCLEAR REGULATORY COMMISSION Panel 2: FRANK RUSCO, DIRECTOR OF NATURAL RESOURCES AND ENVIRONMENT ENERGY AND SCIENCE, GOVERNMENT ACCOUNTABILITY OFFICE SUSAN EISENHOWER, FORMER MEMBER, BLUE RIBBON COMMISSION ON AMERICA'S NUCLEAR FUTURE RODNEY C. EWING, CHAIRMAN, NUCLEAR WASTE TECHNICAL REVIEW BOARD Mr. Frelinghuysen. The hearing will come to order. Thank you all for being here promptly. The purpose of today's hearing is to discuss the Administration's activities and proposals to address our nation's nuclear waste. I would like to welcome our first panel of witnesses, Dr. Peter Lyons. Welcome back. I looked over your resume, and may I say you have worked for the Department of Energy for over 50 years. Mr. Lyons. Thank you, sir. Mr. Frelinghuysen. Lots of testimony. Thank you for being front and center before us today. I would also like to welcome Mr. Michael Weber from the Nuclear Regulatory Commission. He is a deputy executive for Operations. Thank you for being here. Mr. Weber. Nice to be here. Mr. Frelinghuysen. After we hear from these witnesses about the Administration's current activities and proposals and have a chance to question them fully, we will have a second panel to provide us with some perspectives from outside the Administration. That second panel will include Mr. Frank Rusco, Director of Natural Resources and Environment for the GAO, Government Accountability Office. Ms. Susan Eisenhower, former member of the Blue Ribbon Commission (BRC). Thank you for being here. Dr. Rodney Ewing, chairman of the Nuclear Waste Technical Review Board will make up the second panel. I do not need to dwell on the fact that nuclear waste has been a very controversial issue between Congress and the Executive Branch. Yucca Mountain will not be the sole focus of this hearing but it will underline many of your questions. It will continue to provide the backdrop for congressional evaluation of any new proposals, including those before us today. It will continue to erode trust, not only between branches of the federal government, but also between the Executive Branch and local communities seeking to host additional sites. And it will be the lens through which the credibility of the Nuclear Regulatory Commission is viewed. We will provide a fair hearing today and it will be fair because we will incorporate Yucca Mountain into our discussions, not because we ignore it. The Administration's latest proposals to address nuclear waste appear to be a little more than a blueprint for dialogue to get us past Yucca Mountain. And no wonder--the Administration, and we as a nation, are faced with some very uncomfortable facts. For one, the longer this nation goes without taking responsibility for spent fuel, the higher the bill is to the federal taxpayer. At this point, liabilities are likely to be near $20 billion, in addition to billions already paid. This liability is directly and entirely caused by the Administration's Yucca Mountain policy. In addition, the Administration's arguments in court that Congress has failed to provide funding to support the application at the NRC are patently disingenuous at best. I can indeed understand the Administration's desire to have the Yucca Mountain repository disappear from public view but it is not going to disappear from public view. And I think that is the general consensus of both the House Republicans and Democrats. The future of nuclear waste will be built on substantive decisions--how to provide funding, and what sort of organization should manage the waste and the facilities among them. These decisions will take time and deliberation and many hearings. In addition to this one I must make it clear that we are holding this hearing in the hopes that the Administration will find a path forward to fulfill its legal requirements regarding Yucca. The Administration's attempts to shutter the Yucca Mountain program have already killed attempts to make construction progress on other solutions. Let us hope that this unfortunate situation will soon come to an end. We have many witnesses to hear from today, and I want to thank all of them for being here and for their substantive testimony which we have in front of us. So I welcome all the panelists. Before that I just want to recognize that Joe Levin, who is to my right, who has this as his portfolio, will be leaving the Committee after a number of years of service, both to the minority under former Chairman Pete Visclosky, and now as my chair on the Committee. He has served both of our parties and our nation well. Of course, he goes to the dark side, to the Department of Energy. But we know that he will do a great job there as well, and he will go there obviously with our thoughts and prayers and our knowledge of all that we hold to our heart. So with those comments, Joe, good luck to you, and I am happy to yield to Ms. Kaptur for any comments she may have. [The information follows:] [GRAPHIC] [TIFF OMITTED] T7779A.001 [GRAPHIC] [TIFF OMITTED] T7779A.002 Ms. Kaptur. Thank you, Mr. Chairman. And let me also extend my very best wishes to Joe and thank him for his service to our country and his service to this very important Subcommittee. Good morning. I would like to welcome our first panel in today's hearing. Dr. Lyons and Mr. Weber are representing the Department of Energy and the Nuclear Regulatory Commission, respectively. The programs related to nuclear waste at the Department of Energy and the NRC impact many regions of our country, and in particular those including my own district where nuclear power plants are or were in operation. The government must live up to its responsibility and provide for the eventual safe disposal of commercial spent fuel that is currently stored at the sites. Further, the government has an obligation to safely package and store the high-level radioactive waste generated by the Nuclear Weapons Program. In the wake of the administration's decision to terminate Yucca Mountain, the nation does not currently have a solution to this pressing problem. We have spent enormous amounts of money on Yucca and what do we have to show for that investment? I hope the panelists will help answer that question today. In January, the Department of Energy outlined its new strategy for the management and disposal of this waste based on the work done by the Blue Ribbon Commission. This strategy outlines the administration's new approach to disposal of this waste, one in which we appear to be essentially starting from scratch. With the second panel, we will hear from Mr. Rusco representing the GAO; Ms. Eisenhower, who served on the Blue Ribbon Commission; and Dr. Ewing with the Nuclear Waste Technical Review Board. I look forward to the insights that this panel can give from a perspective outside the programs managed by the DOE and the NRC. Thank you, Mr. Chairman, for this time. Mr. Frelinghuysen. Thank you, Ms. Kaptur. Dr. Pete Lyons, thanks for being with us. We welcome your testimony. Mr. Lyons. Thank you, sir. Chairman Frelinghuysen, Ranking Member Kaptur, and members of the Subcommittee, it is again an honor to meet with you. In my testimony a month ago, I noted the vital role of nuclear power in the nation's clean energy portfolio and the administration's support for it. I also noted our research and development roadmap that we published in April of 2010, wherein four goals were highlighted. One of those, to demonstrate progress towards a sustainable fuel cycle is the subject of this hearing. Significant progress on this challenge, in my view, is vital to assure the future viability of U.S. nuclear power. In 2010, the secretary established the Blue Ribbon Commission on America's Nuclear Future to conduct a comprehensive review of policies for managing the backend of the nuclear fuel cycle, and that Commission issued its final report in January of 2012. In January 2013, the Department released the administration's Strategy for the Management and Disposal of Used Nuclear Fuel and High-Level Radioactive Waste, which endorsed key principles of the Commission's report. The strategy represents administration's policy to emphasize the importance of addressing the disposition of used nuclear fuel and high-level rad waste. It also represents a base for discussions among the administration, Congress, and other stakeholders on a path forward. In the meantime, we are undertaking activities within existing authorizations to plan for transportation, storage, and disposal of used nuclear fuel. Subject to legislation, the strategy lays out plans to implement a program over the next 10 years that begins operation of a pilot interim storage facility in 2021, advances towards the siting and licensing of a larger interim storage facility by 2025, and makes demonstrable progress towards a geologic repository. The strategy notes that some or all of these facilities could be co-located, and all could accept defense waste in addition to commercial used fuel. The strategy also fully endorses the need for consent-based siting and highlights the need for a new waste management and disposal organization to provide the stability, the focus, and the credibility to build public trust and confidence. Consistent with the strategy, the president's Fiscal Year 2014 budget request announced yesterday includes three new proposals to move ahead with developing the nation's used nuclear fuel and high-level waste management system. First, it lays out a comprehensive funding reform proposal, including three elements for funding reform. First is ongoing discretionary appropriations. Second is reclassification of spending. And third is access to the balance of the Nuclear Waste Fund when needed. The administration supports an ongoing role for the Appropriations Committees to provide vital mission oversight. Therefore, the ongoing discretionary appropriations are proposed in amounts up to $200 million per year, starting at modest levels in the near term and increasing as planning, management, and regulatory activities increase. In addition to these amounts, the proposal includes mandatory spending beginning in 2017 of the Nuclear Waste Fund for amounts needed above 200 million; amounts that would be needed to pay for the design and construction of storage facilities, as well as to execute a robust siting process for a geologic repository. This proposal balances access to the fees dedicated to the nuclear waste mission with oversight from Congress and the Executive Branch. Second, for the first time the budget baseline reflects a more compete estimate of potential future costs of the liability associated with continuing to pay utilities based on the government's liability for partially breaching its contract to dispose of used nuclear fuel. The cost of the government's growing liability for partial breach of contracts with nuclear utilities is, as you know, paid from the Judgment Fund. While payments are extensively reviewed by the Department of Energy and must be authorized by the Attorney General prior to disbursement by the Treasury, as mandatory spending, they are not subject to OMB or congressional approval. Past payments are included in full in the budget, but until now the budget has included only a partial estimate of the potential future cost of continued insufficient action. To improve budget projections, the baseline for the Judgment Fund in this budget reflects a more complete estimate of potential future costs of these liabilities. By reflecting a more complete estimate of the liability payments in the baseline, costs over the life of the Nuclear Waste Management and Disposal Program would eventually be offset for the purposes of scoring against the baseline by reductions in liabilities as the government begins to pick up sufficient waste from commercial sites. And third, the president's budget includes funding and authority for the EPA to begin revision of generic disposal standards to support the siting of used fuel and high-level waste facilities. The administration agrees with the Blue Ribbon Commission that generally applicable regulations are more likely to early public confidence than site-specific standards and a generic standard will support the efficient and equitable consideration of multiple sites. The administration looks forward to working with the Subcommittee and other members on crafting a path forward for used nuclear fuel and high-level waste management and disposal. This progress is critical to assure that the benefits of nuclear power are available to current and future generations. And I will look forward to your questions. [The statement of Mr. Lyons follows:] [GRAPHIC] [TIFF OMITTED] T7779A.003 [GRAPHIC] [TIFF OMITTED] T7779A.004 [GRAPHIC] [TIFF OMITTED] T7779A.005 [GRAPHIC] [TIFF OMITTED] T7779A.006 [GRAPHIC] [TIFF OMITTED] T7779A.007 [GRAPHIC] [TIFF OMITTED] T7779A.008 [GRAPHIC] [TIFF OMITTED] T7779A.009 Mr. Frelinghuysen. Thank you, Dr. Lyons. Mr. Weber, good morning. Thank you for being with us. Mr. Weber. Good morning, Chairman Frelinghuysen and Ranking Member Kaptur and other distinguished members of the Subcommittee. I appreciate the opportunity to discuss the regulatory program for high-level radioactive waste management at the U.S. Nuclear Regulatory Commission. In my testimony today, I will highlight NRC's mission to protect the public health and safety, promote the common defense and security, and protect the environment, and our current work related to the orderly closure of the Yucca Mountain Review, Waste Confidence, and ensuring the safety and security of spent nuclear fuel and ultimate disposal in a geologic repository. The agency completed the orderly closure of our licensing review of the proposed repository at Yucca Mountain by the end of Fiscal Year 2011. We documented and published in this series of documents and in others the results of the NRC's review. This stack represents one volume of the Safety Evaluation Report and three volumes of the Technical Evaluation Report. Additionally, we developed over 40 other documents to describe the status of the technical review at the time the staff suspended that review. In September 2011, the Atomic Safety and Licensing Board completed all necessary and appropriate case management activities associated with the hearing process. And since the closure of our review activities, the NRC has continued to close out contracts and recoup additional funds, making them available from the previous carryover amount. As a result, the NRC today has about $11.1 million in unobligated carryover money and about $2.5 million in obligated unexpended money from the Nuclear Waste Fund. No additional funds from the Nuclear Waste Fund were appropriated to the NRC to perform any additional work related to Yucca Mountain in Fiscal Years 2012 and 2013. The agency's actions to close the review of Yucca Mountain and the license application review have been challenged in the D.C. Circuit Court of Appeals. In August 2012, the D.C. Circuit issued an order holding the case in abeyance pending decisions on appropriations for Fiscal Year 2013. With the recent passage of those appropriations, the parties in the case have since advised the Court that no additional funds related to Yucca Mountain have been appropriated for either the NRC or the Department of Energy. We are awaiting a decision at this time from the Court. Regarding Waste Confidence, my second topic, the Waste Confidence decision represents the Commission's generic finding regarding the environmental impacts of continued storage of spent nuclear fuel after the end of the licensed operation of a nuclear power plant and prior to the ultimate disposition or disposal of that fuel in a permanent repository. Last year, the D.C. Circuit Court identified three aspects of the Waste Confidence decision that required additional consideration under the National Environmental Policy Act. In response to the Court's decision, the Commission directed the NRC staff to prepare by September 2014 a Generic Environmental Impact Statement that focuses on those deficiencies that were identified in the D.C. Circuit Court decision. The Commission also directed the staff to prepare a revised temporary storage rule, and that all affected license application reviews will continue. The agency will not issue final licenses dependent on Waste Confidence until these issues have been addressed. We recently completed the scoping process for the environmental impact statement on Waste Confidence and issued a scoping summary report in early March. We have extensively engaged the public in the process, holding more than six public meetings so far, distributing documents to hundreds of interested stakeholders, and assessing over 1,700 comments on the proposed scope of the impact statement. We expect the draft generic environmental impact statement to be available for public comment later this year, and we are committed to completing that statement and the Temporary Storage Rule in an effective, efficient, timely, and open manner. And finally, and most importantly, the agency ensures daily that nuclear fuel is stored, handled, and transported safely and securely through our comprehensive regulatory program that includes licensing, oversight, rulemaking, research, incident response, and international cooperation. The NRC staff regularly inspects spent fuel pools and dry cask storage facilities, and we are soliciting comments from stakeholders and refining our regulatory processes for spent fuel storage and transportation to enhance their effectiveness and their efficiency. In addition, we are cooperating with the Department of Energy, with the industry, international regulatory counterparts, and other interested stakeholders to identify, assess, and resolve safety, security, safeguards, and environmental issues associated with storage, transportation, and disposal of spent fuel. Chairman Frelinghuysen, Ranking Member Kaptur, and distinguished members of the Subcommittee, thank you for the opportunity to appear before you today, and I would be pleased to respond to your questions. [The statement of Mr. Weber follows:] [GRAPHIC] [TIFF OMITTED] T7779A.010 [GRAPHIC] [TIFF OMITTED] T7779A.011 [GRAPHIC] [TIFF OMITTED] T7779A.012 [GRAPHIC] [TIFF OMITTED] T7779A.013 Mr. Frelinghuysen. Thank you, Mr. Weber. I thank both of you for your testimony. Dr. Lyons, the Department proposed quite a bit of work in its Fiscal Year 2013 request relating to consolidated interim storage, a consent-based siting process, and again you requested funding for the Fiscal Year 2014 budget for these activities. Many would argue, and I am one of them, that some of the activities you have proposed for both years are unauthorized but we will turn to that in a minute. I am interested in discussing the work that you have proposed for both of those years. You have $60 million for the used nuclear fuel disposition activities. What specific activities does that request propose to fund? Mr. Lyons. There is a wide range of activities, sir, and we would be happy to provide more detailed information. But to give you at least an overview of a number of the activities, for example, we are evaluating different generic geologic formations to better understand the extent to which they could be used as a geologic repository. We are either restarting or reinvigorating international cooperation in order to benefit from the activities going on internationally using a number of different geologic media. We are working with transportation networks to begin to reactivate the transportation planning and activities that would be needed if we can resume transportation. We are looking towards research in borehole disposal as still another possibility towards a geologic disposal site. We are planning what consolidated sites could look like. We have evaluated all of these with care to be sure that in the opinion of our counsel that we are well within the Nuclear Waste Policy Act requirements. Mr. Frelinghuysen. Is there any difference between the activities that you had for 2013 and 2014 in terms of the type of activities that you are involved in? Are you, for instance, soliciting designs for consolidated interim storage facilities? Mr. Lyons. We would look towards generic designs, but I am doing nothing that could be interpreted as site-specific activities. I believe that generic activities are well within the Nuclear Waste Policy Act based on our general counsel's review. But we are doing no site-specific activities. Mr. Frelinghuysen. So you, to your mind, have the authority to do what you are doing? Mr. Lyons. Yes, sir. Mr. Frelinghuysen. All right. So you would disagree with some of us who feel that to a great extent you are violating congressional intent here by proceeding the way you are? Mr. Lyons. We have evaluated it carefully, sir. We believe we are well within the authorizations we have. Mr. Frelinghuysen. You were additionally constrained in Fiscal Year 2013, as were others, because you were operating under the continuing resolution. Which of the activities proposed under the used nuclear fuel disposition in the Fiscal Year 2013 budget request is the Department currently moving forward on? Mr. Lyons. The ones I listed. Mr. Frelinghuysen. Any others? Mr. Lyons. Are all being moved on now in 2013, except for the borehole work which is really just starting, of the ones I listed. And much of that work then will continue and expand in 2014 under the proposed budget. Mr. Frelinghuysen. Ms. Kaptur. Ms. Kaptur. Thank you, Mr. Chairman. Dr. Lyons, some other nations such as France are considering closed or modified fuel cycles that use reprocessing or other means to extract more energy, and as you know, those processes appear to have potential to considerably reduce both the amount of high-level waste and the number of years that waste remains dangerous. What are the risks, both here and abroad, of these other fuel cycles? And also, per unit of energy generated, how much could a closed fuel cycle reduce our quantity of nuclear waste produced? Mr. Lyons. Did you ask what are the risks? Was that the word you used? Ms. Kaptur. Yes. Mr. Lyons. Well, there is at least--the primary risk I would list, Ms. Kaptur, would be we have research programs to try to work towards reprocessing systems that would provide less environmental damage and less proliferation risk and the PUREX process which is used in several countries. France uses the PUREX process, albeit a somewhat improved one over the one that we initiated back in the war years. So I am not sure if that addresses your question. Those are least risks. Now, the French process does reduce somewhat the volume of waste, but the Department, the administration strongly agrees with the views expressed by the Blue Ribbon Commission, that the first focus in this country should be on demonstrating that we can open and operate a geologic repository. Even if we reprocess, such a repository will still be needed which is also why France is moving ahead with a repository. At the same time, the Blue Ribbon Commission endorsed and we maintain the strong research programs looking at future options for possible closing of the fuel cycle. In my view, whether a decision is made to close the fuel cycle in the future will depend on a complicated evaluation of a number of different factors by the leaders in Congress, and that will include the economics of repositories, the economics of reprocessing, the environmental impacts of reprocessing, and a number of other factors. Ms. Kaptur. If you were to look back, I actually do not remember when the Yucca Mountain project was first proposed. Could you estimate how much our country has spent to date on that project? And there are those who argue it was a complete waste of money. How would you respond to their criticisms, and approximately how much money has the nation now spent, and what have we gotten for it? Mr. Lyons. Work on Yucca Mountain actually started before-- on a limited basis started before the Nuclear Waste Policy Act of 1982, so it is a long time. You will get slightly different estimates of how much has been invested in Yucca as opposed to generic activities, but under the order of $11 billion and we might quibble on the last digit, it is a very, very large number. Ms. Kaptur. And so for those that argue it was a waste of money we got nothing for it. How would you begin to respond to that criticism? Mr. Lyons. I would respond that I grew up in Nevada, I lived in Nevada, I worked in Nevada, I directed the Los Alamos research on Yucca Mountain. I worked on Yucca Mountain when I was with Senator Domenici on the Hill. I have spent a good fraction of my life looking at Yucca Mountain and looking at, frankly, the politics in Nevada and the poisonous atmosphere created by the Nuclear Waste Policy Act Amendments of 1987. In my view, and the reason I continue in this job as one of my main focus areas, is I want to see progress. And in my view, I do not believe we will see that progress if we continue to try to force Yucca Mountain in Nevada. I think it is time to find-- use a consent-based process, find a host that is eager for the project, and cut our losses and move ahead. Ms. Kaptur. If you were to go back and analyze the $11 billion that was spent, obviously property was purchased, but what was the $11 billion expended on decade after decade after decade? Mr. Lyons. It was extensive characterization of the site, and that was some other research I directed at Los Alamos. It also went into preparation of the license application which was filed by the Department of Energy. A great deal of technical work. Also, a great deal of physical work at the site, very large tunnel, multiple boreholes, test holes, wells. It is a rather extensive complex and I have been in it many times. Ms. Kaptur. All right. Any detail you could provide to the record, and also to think about and so what did the nation learn from the expenditure of the $11 billion, other than the politics of Nevada. Mr. Lyons. Well, certainly there was substantial evaluation of what it takes for a successful repository and how the materials in spent fuel might possibly migrate through the environment into the biosphere where it could possibly affect people. Some of that, of course, is specific to Yucca, but much of it is broadly applicable to any repository. And Mike should speak to the NRC, but certainly much of the work at the NRC would also apply to other repository configurations. Ms. Kaptur. Thank you. Thank you, Mr. Chairman. Mr. Frelinghuysen. Mr. Simpson. Mr. Simpson. Thank you, Mr. Chairman. I would argue that we have actually got something out of Yucca, and that is a big hole in the ground. Mr. Lyons. Yes, sir. Mr. Simpson. In order to store all of the studies that have been done on the most studied piece of earth in the world. So, we got something out of it. You mentioned just now that we have made some progress, or at least we have looked at things that ought to be looked at by the NRC. Would there be any--and I will ask Mr. Weber this-- would there be an advantage to continuing the license processing for Yucca Mountain even if we never put a barrel of anything in it except for all these studies? In order to get the process down so that when we do, if we switch to interim storage and a consent-based geological repository somewhere, can we learn anything from continuing the licensing process or just shutting it off now? Mr. Weber. Thank you, Congressman Simpson. We benefited from our experience in conducting the licensing review because it is an unprecedented review for the Nuclear Regulatory Commission, and it was the first time we applied the regulations that were developed specifically for the proposed Yucca Mountain repository site. And in doing that, as Dr. Lyons has already pointed out, we had decades of actual physical experience in applying, understanding what technical demonstration would be required to make the case, that this facility would protect the environment for a million years, as well as understanding the nuances of the design. How would you best design a facility like that to isolate the waste for essentially the rest of time? And in conducting our review, when we terminated the review, when we closed down the review, we took great care to document the results of our review that had been done to date in the form of these documents and the other documents that I referred to in my testimony because we wanted to preserve the knowledge gained, the capabilities, the analytical capabilities that were developed both within the Department of Energy and with the NRC so that we could make the necessary safety and environmental findings that we would have to make if we were to license the repository. I would also like to address your point on interim storage. NRC has a demonstrated regulatory process that has been used successfully to license away from reactor independent spent- fuel storage installations, so we are quite confident that the regulations are in place and our regulatory processes are in place that could be used if there were another facility that would be proposed for away from reactor interim storage of spent nuclear fuel that we could do that review. Mr. Simpson. But the question was would there be any benefit to continuing the licensing process, even if we do not end up opening Yucca Mountain? For the next four years, Yucca Mountain is not going to be a possibility. That is just the reality. But we have got to move past this debate. All I am asking is would there be any benefit of continuing the licensing process? Would we learn anything additional? Because at some point in time we are going to have to get a geological repository to put all the gunk that is left over. Or are we losing anything by just shutting down the licensing process now? Mr. Weber. I think we have captured all that we can capture within the program that we have exercised to date. At NRC, we focus on continuous improvement, and we always learn from our experience. And we apply that insight back into our regulatory processes to ensure that we are more effective and more efficient to better accomplish the mission of the NRC. Mr. Frelinghuysen. If the gentleman will yield. The political process has trumped the licensing process here. I mean, this is the thing that disturbs us. I think Congressman Simpson is suggesting let us at least keep the licensing process alive. I think it is entirely reasonable. I must say I am enjoying a lot of people being upset with what has happened here. I do not regard this as a dead issue. I mean, at some point in time, given the difficulty of finding a community that is going to consent, we are going to be back at this site. Excuse me. Thank you for yielding. Mr. Simpson. Dr. Lyons, the BRC in their discussions at one time suggested splitting commercial waste from weapons waste and then came to no conclusion on that. But you seemed in your testimony to say that the Administration is supportive of commingling those different waste streams at an interim storage facility? Mr. Lyons. Mr. Simpson, actually, no. That is not what the administration strategy says. The Administration strategy recognizes that, as you said, the BRC did not reach a conclusion on commingling defense and civilian waste, and the strategy also left that as an open question suggesting that that could benefit from further discussions with Congress. What I noted is that the strategy also notes that presuming Congress agrees, there is nothing that would prevent defense and civilian wastes from utilizing any of the facilities I mentioned--the pilot, the consolidated, and of course, the repository. But that decision is not specified in the strategy. That is left open for further discussions and guidance from Congress. Mr. Simpson. Well, obviously one of the problems is we cannot get one repository open, let alone having two repositories--one for civilian, one for defense waste. I question how long that would take. Let me ask you one more question. When you talk with communities that potentially could be interested in being in this consent-based site, one of their concerns is how to define interim. Does an interim storage facility become a de facto permanent repository? If I talk to people in Idaho, and there are some people who are saying, you know, we could do interim storage in Idaho. I am not saying that is a popular opinion, but the question that always comes back to them is, then will we be the permanent repository? What is your answer to that? How do you convince these locations that we are talking interim storage, which is how long? Mr. Lyons. Well, thank you very much for your question, and that is a very, very good question. Dealing with the whole issue of linkage between the interim and the repository, the Nuclear Waste Policy Act has a very, very tight linkage, which has had the effect of essentially blocking progress on an interim site. It is my understanding that when Senator Bingaman worked on his bill last year and was working with several colleagues, that it was the issue of linkage which led to only Senator Bingaman endorsing his final bill and the other colleagues not proceeding. And Senator Wyden has been quite public that as he is developing a bill this year, again with a number of colleagues, the linkage issue is a very sticky, very critical issue. So I completely agree with you. The administration strategy, again, did not specify exactly what the linkage should be, other than to recognize that if it is as strict as the Nuclear Waste Policy Act, it will preclude progress on interim storage, but it recognized that some degree of linkage is important. I think one can imagine a number of softened forms of linkage which I am sure will be debated in Congress that would provide some measure of assurance to a host site at a consolidated storage facility that it would not become permanent. I think one of the most important things in this regard is the Commission's and the Administration's support for a new organization which among many attributes needs to rebuild strong credibility with the communities that they are going to follow through on their actions. Mr. Simpson. Thank you. Mr. Frelinghuysen. Thank you, Mr. Simpson. Mr. Fattah. Mr. Fattah. I thank you. So we have a number of things going on. This Administration has moved for the first time in 30 years to license new nuclear facilities, and I think the Administration should be applauded for moving in this area. However, we have this continuing problem of storage. I was for Yucca Mountain, and I am still for Yucca Mountain. I guess everybody is for Yucca Mountain unless you live in Nevada; right? So the idea is that we could all have reliable electricity through nuclear, which we kind of went to sleep on for 30 years since Three Mile Island, but now we are back in the business. As long as we can send the waste to Nevada then we are good. And then something happened. There was an election. The President took a position that he would not proceed. And he won Nevada and he is probably not going to proceed. And so we are kind of stuck with the fact that we have been building up in these present facilities all of this waste, and we have been storing it onsite. Is that correct? So like in my nuclear plants in Pennsylvania it has been stored there; right? Mr. Lyons. Yes, sir. Mr. Fattah. Now, my question is about the actual form of the storage because we saw some of the challenges that Japan had with the tsunami. Are there benefits to storage as I think the term is dry cask--than just kind of have in this, in a liquid form. Moreover, should we require at least in the 100 or plus sites we have, should we make sure that the temporary storage that has been going on for decades, be made as safe as possible? Mr. Lyons. I am assuming that is more to you? Mr. Frelinghuysen. That is more to you. Mr. Weber. Mr. Weber. Okay. I would be happy to answer your question. At the Nuclear Regulatory Commission, we ensure whether it is wet or dry storage, that it is safe, and it is secure. Mr. Fattah. I know. But there is a difference between wet and dry; right? Mr. Weber. There is a difference. Mr. Fattah. And what I am asking is what is the safer form of the storage in the 115 present sites or so around the country? Mr. Weber. There are benefits to dry cask storage because it is less reliant on active operations, and you have passive features that ensure the safety and the security of the spent nuclear fuel. However, you do need to cool the fuel for a period of time before under the current certificates. Mr. Fattah. Now, I am aware of that. But we have been cooling for a long time. This has been going on for three decades. All right? If we are going to take another decade to discuss this issue rather can't we move this waste to an interim site before we eventually, you know, decide on a permanent site? Is this something that should be done now so if there was some occurrence that it would be in the best form for public safety. So dry is better than wet. And should we not think about a requirement to move this waste after the cooling to dry? Mr. Weber. We are considering just that now as part of our post-Fukushima follow-up actions. One of those studies that is underway---- Mr. Fattah. Now we are making news. This is good. Mr. Weber [continuing]. Is to evaluate what the benefits are and what the tradeoffs are if you were to expedite the transfer from wet storage to dry storage. You are probably aware that most plants in the United States today do rely, to some extent, on dry storage already. Mr. Fattah. No, I am aware that some have taken more--what I would consider more prudent approaches. Mr. Weber. Most have. Mr. Fattah. And what I am saying is should we not get the stragglers to move towards safer procedures? Mr. Weber. And that is the study that we currently have underway and are aggressively pursuing it. Mr. Fattah. Do you want to project how long it might take us to determine empirically whether the study might say this? I mean, are we a decade away or how far away? Mr. Weber. The study is much sooner than that. Mr. Fattah. Okay. Mr. Weber. Our current focus is on completing the Waste confidence activities that I referred to in my testimony. But as part of that we want to ensure that the Waste confidence environmental impact statement and the Temporary Storage Rule are informed by current studies about safety and security. And so you will be hearing more about that throughout this year as we complete those studies and as we roll out the draft environmental impact statement. And then once that technical work is done, then that will feed the regulatory analysis next year and the year after on what the benefits are of expediting the spent fuel transfer. Mr. Fattah. Okay. And one last question. I was just out in Washington State. The leakage we have there, any comments about remediation and how we might deal with this issue? Mr. Lyons. Mr. Fattah, that is not within my program. That is the EM program but I might note that both the outgoing Secretary Chu and the nominee, Dr. Moniz in his confirmation hearing two days ago made it very clear that this is a focus of their attention and that they intend to resolve these issues. Mr. Fattah. Well, that was concise and succinct. It is not in your purview. I got you. Thank you very much. Mr. Frelinghuysen. Thank you, Mr. Fattah. Mr. Nunnelee. Mr. Nunnelee. Thank you, Mr. Chairman. You told us that the license review at Yucca Mountain cost approximately $11 million. How much have the two agencies spent on the actual termination of the licensing process? Mr. Frelinghuysen. The Department of Energy, Mr. Nunnelee, spent $138 million after the announcement that it was to be terminated, and that was through Fiscal Year 2012. There are small expenses that continue but they are quite small. $138 million. Mr. Nunnelee. And from the Nuclear Regulatory Commission in Fiscal Year 2011, we spent about $7 million. But I would point out that a large amount of that effort was devoted to completing these documents so that we would preserve the knowledge and the status of the regulatory review. And so we do not see that as money lost; that it is actually well invested to preserve that knowledge. Mr. Frelinghuysen. Would the gentleman yield? Mr. Nunnelee. I always yield to the chairman. Mr. Frelinghuysen. You have those reports there but we are due some other reports. Where are the rest of the safety evaluation reports? Mr. Weber. These documents here would be the core that would be used if we resumed the review to prepare the safety Evaluation Report. This first volume is part of the Safety Evaluation. Mr. Frelinghuysen. But there are other volumes that are out there. Mr. Weber. These are the three volumes, and then there would be one other volume that is not prepared. That would be the fifth volume, and that would document license conditions that would be proposed. Mr. Frelinghuysen. Why is that held up? Do you have the resources to do it? Mr. Weber. We did not draft the fifth volume, and we closed down the review at the end of Fiscal Year 2011. We do not have additional resources. Mr. Frelinghuysen. How much would it take you to finish that safety evaluation report? Mr. Weber. The estimate that we shared with Congress last year was about $6.5 million. Now, as Commissioner Svinicki pointed out in a recent House hearing, time is the enemy because as time goes on some of our staff move on. They retire. They transfer to other agencies. So that cost will increase because bringing new people onboard will take more time to come up to speed, pick up where these reviews were stopped, and then apply themselves so that we could complete the regulatory findings. That would be documented in a Safety Evaluation Report. Mr. Frelinghuysen. Back to you. Thank you, Mr. Nunnelee. Mr. Nunnelee. Absolutely. So I think you are hitting on where my next question was going to be. If this Administration or successive Administration made the determination that, okay, we want to reactivate Yucca Mountain, what is it going to cost to get that going again? Mr. Lyons. Well, from the Department of Energy standpoint, Mr. Nunnelee, first, I would note that we believe we have identified a path forward, a very strong path forward between the BRC, the administration's position, and the budget. And we would certainly be interested in--we believe it would well serve the taxpayers to continue along that path. As far as what it would cost, that will depend on details of the court case. We do not know exactly what will be ordered in the case and the case is directly--will directly impact the NRC. But then the NRC actions will impact how the Department of Energy would respond. And of course, without knowing what the court decision will be, how it may be reviewed, at many levels of NRC DOE justice I cannot give you that answer. Mr. Weber. Within the Nuclear Regulatory Commission, if we resume the licensing review, we do not have an estimate for what it would take to complete that review. The bulk of the staff's technical work is completed and documented in these documents. The larger part of the cost will be the hearing costs. And we also suspended that hearing in Fiscal Year 2011, and so part of it will depend on whether we have an applicant to proceed with the licensing review, and then part of it will be how much litigation is associated with it being challenged. So at this point, we do not have any estimate. I would point out in terms of order of magnitude that when we were in full mode and doing the licensing review, we were estimating that it would take tens of millions of dollars to do the hearing process. And of course, we did not get those appropriations to support that, but that gives you an idea about the amount of resources it would require within the Nuclear Regulatory Commission. Mr. Lyons. If I could expand just briefly, sir. For the Department of Energy, we were spending of the order of $15 million a month at the time of the shutdown decision. We currently have 18.5 million of carryover. Mr. Nunnelee. In all the work that you have done since the decision was made to stop the process, have you found any problems in the technical or safety merits of the site? Mr. Lyons. The Department of Energy, Mr. Nunnelee, submitted a license application based on their technical evaluation. The secretary's statement, certainly my statement, is that it is unworkable, but we are not commenting on the technical aspects which would be left up to the NRC to evaluate in the course of if the license were completed. But no, we have not identified a technical issue. Mr. Frelinghuysen. Would the gentleman yield? Would you address that issue? Have you found any technical or safety issues relating to Yucca's repository? Mr. Weber. These documents do not describe any significant technical concerns with respect to the safety of the proposed site. Now, I would have to provide a big caveat to that because these are the technical reviews. A big part of our licensing review is the hearing process, and it is in the hearing process that the parties are given an opportunity to challenge the veracity not just of the Department's application but also of the NRC staff's evaluation so that that process could reveal additional concerns that have yet to be spotlighted but we might have to resolve in order to make a final determination on the safety of the repository. Mr. Frelinghuysen. Thank you. Mr. Nunnelee. Mr. Nunnelee. So to wrap it up, is it accurate to say that in the 1980s, they got the geology and science right; they just did not contemplate the politics? Mr. Lyons. Well, again, Mr. Nunnelee, the evaluation of the Department of Energy was that the technical case was strong enough to submit the application. There has certainly been any number of studies which suggest that there could be other repository geometries or geologies which might offer significant advantages but that is not what is required in filing a license with the NRC. The license must show adequate safety and the NRC's judgment is based on adequate safety. But could there be other geologies that might offer additional advantages? There have been many writings suggesting that that is the case. Mr. Frelinghuysen. Thank you, Mr. Nunnelee. Mr. Visclosky. Mr. Visclosky. Thank you, Mr. Chairman. I am going to take Mr. Simpson's advice and look forward. Have settlements and judgments against the Department increased since the policy change on Yucca Mountain, Dr. Lyons? Mr. Lyons. Thank you for the question, Mr. Visclosky. I do not have a breakdown by year. I know that the total we have paid is $2.6 billion to date for the liability judgments, and I do not have it broken down by year. If you need that we can certainly provide it. Mr. Visclosky. I would appreciate having that. Mr. Lyons. Okay. Mr. Visclosky. Do you know to date how much has been paid out of the judgment fund? Mr. Lyons. That is the $2.6 billion, sir. Mr. Visclosky. That is the $2.6 billion. Could you give us an estimate as to what the potential liability from that fund is going to be because of the failure to meet contractual obligations between now and 2048? Mr. Lyons. The estimate is of the order of $20 billion, assuming that we can move ahead with moving waste in 2020. Now, that is even sooner than we anticipate with a pilot of 2021, so that number might be slightly different. And those payments extend well beyond 2020, up to at least 2048. The number is about $400 million a year average is anticipated for those judgments. A precise number, of course, depends on the details of the cases that are filed, the dates of the settlements, exactly what is in the settlements, but of the order of $400 million a year. Mr. Visclosky. If you meet the 2020 deadline, did I understand your answer being that the liability would still be potentially $20 billion? Mr. Lyons. Additional $20 billion on top of the $2.6. Mr. Visclosky. Of the $2.6---- Mr. Lyons. Yes. Mr. Visclosky. Which dwarfs the $11 billion, although--and I am not quibbling over your answer on the $11 billion, but I think the Committee's position would be we probably invested about $15 billion here to date? I am not quibbling. Mr. Lyons. There are good numbers between 10 and 15. Mr. Visclosky. Right. But $20 billion. We are in 2013. Do you have an estimate as to how many dollars will be paid out of the judgment fund this year? Mr. Lyons. I only know the average number, sir, and that is the $400 million. Again, projecting ahead in any one specific year is very difficult without knowing--without being able to project what will happen in the court system. Mr. Visclosky. Right. Right. Although, as Mr. Weber said, there have been increased court activity and judgments here. Or decisions I should say that have taken place. So if we take the $11 billion, $400 million average, we are going to be adding to that figure. And that is assuming we hit a benchmark of 2020 looking forward. Mr. Lyons. I think I follow your reasoning. Mr. Visclosky. Listen, sometimes I do not. Mr. Lyons. You are adding the $11 billion. Mr. Visclosky. Do not worry about it. Mr. Lyons. You are adding my number of $11 billion. Mr. Visclosky. Well, I am saying taking your number of 11 and taking the average--and understanding it is an average, every year is different, none of us can predict the future, but we potentially are looking for another $400 million out of the settlement fund each year assuming we hit the 2020 date, to add to the cost being expended because of the failure to do Yucca. Mr. Lyons. That is correct, sir. And that is why the administration's action to begin to more accurately count the liabilities as an offset of the overall cost of the program I believe is such an important step. And that is one of the three key actions I described that are in the budget announced yesterday. Mr. Visclosky. Right. Chairman, I just have a statement. And gentlemen, this is not directed to you because this was not your decision. I understand that. But I must tell you as an American citizen I am appalled that we have a very sophisticated hole in the ground in one of our 50 states that we have spent somewhere between $11 and $15 billion for. We are going to add $400 million on average maybe a year going forward to the taxpayers of this country, some of whom make a living waiting on tables all day at a diner. Some people who work in a paper mill someplace. They work hard for that money and it is gone. It is gone and it is still going. And I think as a citizen what I find most appalling, and Congress has blame here, too, is the designation was made in 1987. And in the recommendations made, if everything breaks right and we have consent siting, we are talking about, what is it, 2048. For a country as good and talented and wealthy and smart as the United States of America to take 61 years and 15 administrations to make one lousy stinking decision where to put this stuff is appalling. And I do not direct that to you. It is a comment on how we govern today. Thank you, Mr. Chairman. Mr. Frelinghuysen. Thank you, Mr. Visclosky. Batting cleanup for this panel, Mr. Fleischmann. Mr. Fleischmann. Thank you, Mr. Chairman. And if I may, I have got some questions. I do not mean to beat a dead horse or a dead mountain, but I hope that someday there is a potential to really look at the Yucca facility because my colleague from Indiana is right. We spent a lot of money. We have done a lot of research and I know there are other considerations out there, but it is my fervent hope that someday we can maybe look at that as a resource. I wanted to follow up with some questions, if I may, about the reprocessing, Mr. Secretary. Are there other considerations that would impact the storage of the remaining waste if a modified or closed cycle is to be a future option? Mr. Lyons. Well, thank you for the question, Mr. Fleischmann. And indeed, there have been already some very interesting studies on the question of how reprocessing might impact the current used fuel inventory within the country. Oak Ridge led an excellent study which evaluated whether--if reprocessing were available today, whether it would make sense for the bulk of the existing inventory. And the outcome of that study, which I think has been very well documented, was that given the range of different types of fuel that are currently in the inventory, that it really makes very little sense to look backwards and ask about a reprocessing. It may make sense, since we are now standardizing on fuel types, to look forward with reprocessing. And that goes back to my answer earlier that I think a question or a decision on whether we eventually move to a closed cycle with full reprocessing will be based on many factors, including economics, including nonproliferation, including environmental considerations. And that will be an important future decision. Mr. Fleischmann. If I may follow up then, Mr. Secretary, given the state of the uranium market, is the ability to retrieve waste at a later date necessary any longer as a technical consideration? Mr. Lyons. There certainly have been suggestions in the past, Mr. Fleischmann, that we would be running out of uranium and that that was a driver for reprocessing. MIT has done a number of studies saying, ``No, we are not running out of uranium. We certainly have enough for 100 years.'' But there is also a new program that we have begun--it happens also to be led through Oak Ridge--is looking at the extraction of uranium from seawater. And while that may sound funny when you first hear it, it is not funny. And the work at Oak Ridge is already to the point of suggesting that we could obtain uranium resources from the ocean, perhaps a factor of four or five more costly today than mined uranium. But Oak Ridge has already reduced that cost by at least a factor of four to five in just two years of work. I do not know where this work will end up but it is at least, I think, beyond argument that the supply of uranium in seawater is inexhaustible and that we are at least closing in on the possibility of demonstrating that it can be economically utilized. So I do not see a limitation on uranium resources essentially ever. Mr. Fleischmann. Mr. Secretary, I wanted to thank you. I was actually at Oak Ridge a couple of weeks ago, and I think this is the old Japanese technology I think that has been out there for quite some time that we are trying to improve on at Oak Ridge. Is that what you were alluding to, sir? Mr. Lyons. Yes, sir. But I think Oak Ridge should take credit for very substantial improvements over the Japanese technology of at least a factor of four in the first two years of work. Mr. Fleischmann. Excellent. Mr. Lyons. And they have many more good ideas. Mr. Fleischmann. Excellent. And I would agree with that. Mr. Weber, how would the NRC's licensing process be different than current and past siting processes if it were to be part of a consent-based process as proposed by the Department of Energy? Mr. Weber. From the Nuclear Regulatory Commission's perspective, we think we could easily include a consent-based process. Our agency is open, transparent. We encourage stakeholder cooperation, engagement. The fact that we would have a potential applicant that would already have the consent of the local, state, regional level would only be a plus in terms of our regulatory process. Mr. Fleischmann. Thank you. Mr. Chairman, I yield back. Mr. Frelinghuysen. Thank you, Mr. Fleischmann. Ms. Kaptur for a brief comment and then we are going to conclude this panel. Ms. Kaptur. Thank you, Mr. Chairman. I wanted to follow on Congressman Visclosky's really excellent summary about the amounts of dollars we are spending as a country. And I would have to comment that, you know, there are very few Americans or human beings really that have your experience. You are really very precious to our country, and we have a challenge that is unmet. Whether or not we ever build another nuclear facility in this country, or another nuclear weapon, we have this challenge of spent fuel. And we really are not meeting it. And as I have listened to your testimony and read the related materials, a phrase keeps coming to mind and that is fear of the unknown. And I think whether it is Yucca Mountain or whether it is some other corner of our 50 states or territories, as we expend these dollars and really get very little for it in terms of actual storage, it seems to me that there is a larger problem that is outside of science, and it is how the general public perceives the nuclear-spent fuel. And we are not spending any money at explaining how does the average citizen get their mind around this? If I were to, I mean, sadly, because of Fukushima, Three Mile Island in our own country, and other situations, the public has a great fear of the unknown. And our challenge is a greater one than just developing a site. It is trying to provide the storage that is necessary. But so few people have any experience. Most never take physics. Those of us that did struggled through it; some excelled. But even with that knowledge, the average citizen has absolutely no grounds on which to alleviate some of the fear of the unknown. People are reacting to a fear and a concern, and I do not feel we as a country have done a very good job of delving into that. And I do not think until we do, and we are able to explain what you are attempting to do, will we be successful. Maybe there is some place in New Jersey that wants the storage if we do not do it at Yucca Mountain. Mr. Frelinghuysen. Thank you very much. I do not think we do. Ms. Kaptur. You do not think you do. Well, you see, so I am trying to--I mean, basic questions, Doctor. For example, if I were to say to you to explain to the average citizen in the district that I represent how much of this accumulated stuff is there across the country? How many football fields will we fill up? I do not know the answer to that. Maybe Mr. Visclosky does. He sat in this position much longer than I have. And then is this thing throbbing with all this energy that is going to run over into my backyard? There has to be a way of explaining this, and until we do, I do not believe we will be successful as a country. And that is a political challenge and an educational challenge. Yes, sir. Mr. Lyons. Can I respond very briefly? Those are superb comments, Ms. Kaptur. As far as how many football fields, one football field of the order of 12 feet deep would take care of all the waste. Your comment on fear of the unknown I think is very, very perceptive. And let me expand on that. With the examples that at least two of the communities that have come forth and expressed an interest in moving ahead on a consent basis, our communities that already have substantial experience with different types of rad waste and nuclear processes, I am sure it is well known that the so-called Eddy-Lea alliance, two counties in New Mexico around the WIPP facility have come forward, purchased land, said they are interested in moving ahead on a consent-base process, and intend to apply to the NRC for a license. One of the counties in Texas, Loving County, has recently passed a resolution saying--and that is in the same general area, right close to the low level waste facility in Andrews, Texas, that they want to compete on a consent basis for storage facilities. To me, these are examples of exactly what you are saying. These are communities that already have substantial education and considerable knowledge of what it takes to be involved with nuclear processes. The care that is required and the safety that accrues with that care and with the detailed understanding. So I think those are two examples of the point you are making that are communities that have this knowledge are interested. Ms. Kaptur. Doctor, could you tell me in both of those places are there military facilities, defense-related facilities adjacent to them or not? Mr. Lyons. Well, WIPP at Carlsbad accepts defense waste and Loving County, which I could not tell you exactly where it is but it is more or less right across the border from WIPP. So I think it is fair to say both have that knowledge. Ms. Kaptur. Thank you. Mr. Frelinghuysen. Thank you, Ms. Kaptur. Gentlemen, thank you very much for your testimony. I appreciate your being here. The next panel, front and center. Thank you very much. Welcome witnesses. Mr. Frank Rusco, Director of Natural Resources and Environment Energy and Science for the Government Accountability Office. Again, Ms. Susan Eisenhower, former member of the Blue Ribbon Commission on America's Nuclear Future. And thirdly, Dr. Rodney Ewing, chairman of the Nuclear Waste Technical Review Board. Thank you all for your patience. It must have been, I will not say, agonizing to be in the audience for this length of time and not be able to get your oar in the water; now you have this opportunity. So we very much appreciate your time and your patience. Mr. Rusco. Good morning. Thank you for being here. Mr. Rusco. Chairman Frelinghuysen, Ranking Member Kaptur, distinguished members of the Subcommittee, thank you for the opportunity to discuss GAO's work assessing key attributes and challenges associated with the storage or disposal of commercial spent nuclear fuel and other nuclear waste. As you know, the Nuclear Waste Policy Act of 1982 directed the Department of Energy to investigate sites for a federal deep geologic repository to dispose of both civilian and defense-related spent nuclear fuel and other high-level nuclear waste. DOE studied several sites throughout the country, and in May 1986, the Secretary of Energy recommended three candidate sites for further consideration, including Yucca Mountain, Nevada. In 1987, Congress amended the Act to direct DOE to focus its efforts only on Yucca Mountain, a site about 100 miles northwest of Las Vegas. Since 1983, DOE has spent about $15 billion on the effort to site a permanent nuclear waste repository, most of this focused on Yucca Mountain. Despite this effort, DOE was unable to take custody of commercial spent nuclear fuel in 1998 as required under the NWPA. In 2008, DOE filed a license application with the Nuclear Regulatory Commission for construction of a permanent repository at Yucca Mountain. Then in 2009, DOE took steps to terminate the Yucca Mountain Repository program. Instead, DOE established the Blue Ribbon Commission on America's Nuclear Future to valuate nuclear waste management approaches, and the Commission consulted with GAO and used some of our prior work in their analysis and deliberations. In January 2012, the Blue Ribbon Commission recommended a strategy for managing nuclear waste that included a new consent-based approach to siting future nuclear waste management facilities. A new organization other than DOE dedicated solely to the mission of nuclear waste management and empowered with the authority and funding needed to succeed and prompted new efforts to develop both an interim storage facility and a permanent disposal site. One year later, in January 2013, DOE issued a strategy for managing spent nuclear fuel that endorsed the Commissions' recommendations. In addition to agreeing to a consent-based approach and calling for legislation to create a third party to manage spent nuclear fuel, DOE's strategy calls for the development of a pilot interim storage facility by 2021, a larger, long-term interim facility by 2025, and a permanent geologic repository for disposal by 2048. This strategy does not, however, contain details of how and where such facilities could be sited or the assumptions used to estimate the specific timelines. Based on GAO's past work evaluating DOE's efforts to manage commercial spent nuclear fuel and other nuclear waste, there are key lessons learned that will likely decide the success or failure of any approach to this problem. First, overcoming social and political opposition is crucial. Building social and political support for a specific plan will require a transparent process for evaluating a site. Educating the public about what is being planned and how it will work, and providing appropriate economic incentives for affected parties to engage in the process. Second, it is essential to have consistent policy funding and project leadership over the long period of time it takes to identify, evaluate, and build a storage or disposal facility. DOE's efforts to garner social and political support for siting a permanent nuclear waste repository at Yucca Mountain were hurt by a lack of transparency. Specifically, a DOE expert panel in 1984 found that DOE's credibility was damaged in its initial site selection efforts because its site selection guidelines were criticized as being superficial and vague. DOE's credibility also suffered because of a lack of consistency in policy and leadership that caused delays in the project. Finally, DOE's termination of Yucca Mountain after over two decades of consideration and the expense of billions of dollars further hurt DOE's credibility and may ultimately harm the agency's ability to find communities and states willing to host either an interim storage facility or a permanent repository for commercial spent nuclear fuel and other nuclear waste. Regardless of what path is taken for the storage and disposal of nuclear waste, getting public and political consensus will be the greatest challenge. DOE or whatever body leads this effort must learn from past missteps if we are to avoid further delays and fruitless expense. The stakes are high and include both public health and security concerns, as well as the future of nuclear power as a source of electricity in the United States. This ends my opening statement. I will be happy to answer any questions you may have. [The statement of Mr. Rusco follows:] [GRAPHIC] [TIFF OMITTED] T7779A.014 [GRAPHIC] [TIFF OMITTED] T7779A.015 [GRAPHIC] [TIFF OMITTED] T7779A.016 [GRAPHIC] [TIFF OMITTED] T7779A.017 [GRAPHIC] [TIFF OMITTED] T7779A.018 [GRAPHIC] [TIFF OMITTED] T7779A.019 [GRAPHIC] [TIFF OMITTED] T7779A.020 [GRAPHIC] [TIFF OMITTED] T7779A.021 [GRAPHIC] [TIFF OMITTED] T7779A.022 [GRAPHIC] [TIFF OMITTED] T7779A.023 [GRAPHIC] [TIFF OMITTED] T7779A.024 [GRAPHIC] [TIFF OMITTED] T7779A.025 [GRAPHIC] [TIFF OMITTED] T7779A.026 [GRAPHIC] [TIFF OMITTED] T7779A.027 [GRAPHIC] [TIFF OMITTED] T7779A.028 [GRAPHIC] [TIFF OMITTED] T7779A.029 [GRAPHIC] [TIFF OMITTED] T7779A.030 Mr. Frelinghuysen. Thank you very much. Ms. Eisenhower. Ms. Eisenhower. Chairman Frelinghuysen, Ranking Member Kaptur, distinguished members of the Subcommittee, it is a pleasure to appear before you today to discuss nuclear waste programs and strategies. I believe our nation must craft a sustainable solution to the nuclear waste management issue. May I say on a personal note that I share your frustration about the expenditure of public money in this area, and that was one of the reasons I agreed to become a member of the Blue Ribbon Commission. Our charge was to conduct a comprehensive review of our nation's nuclear waste policy. In our final report we made eight key integrated recommendations, including the establishment of a Fed Corp with rigorous congressional oversight to assume the responsibilities for the backend of the nuclear fuel cycle. In short, it would be a fresh start. On the direction of the Secretary of Energy, we were not a siting body, so we did not evaluate any specific aspect of Yucca Mountain or any other location as a potential host for a storage or disposal facility. Rather, our mission was strategic; to propose changes to our waste management system that could break the current impasse. Our consent-based approach--and I would really like to emphasize this--neither includes or excludes Yucca Mountain. And can and should be applied regardless of what sites are ultimately chosen for long-term nuclear waste management, for soon we will need more than one site to legally handle the disposition of spent nuclear fuel. A main focus of our policy recommendation was ``prompt efforts to develop one or more geological disposal facilities.'' As a complement to a repository, we also urged ``prompt efforts to develop one or more consolidated storage facilities.'' The arguments in favor of moving quickly on consolidated storage are strongest for stranded spent fuel from shutdown plant sites. There were nine such sites when we completed our report, and there have been other announcements and closures are forthcoming. Consolidated storage will provide valuable flexibility and redundancy in the nuclear waste management system, while realizing cost savings and giving future decision makers greater choices as among other things technology advances. The Obama administration's January 2013 strategy for nuclear waste management embraces the spirit of the Commission's recommendations. The administration's projected timeframe for establishing consolidated storage capability is generally consistent with the Commission's findings, though the administration projects development of a repository will take a decade plus longer than what the Commission thought would be necessary. As we pointed out in our report, work towards a consolidated storage facility can begin immediately under the existing provisions of the Nuclear Waste Policy Act. According to a legal analysis performed for the BRC, which I would like to submit for the record, further legislative action would not be required prior to the designation of the storage site, at which time Congress would need to amend the act to allow construction to go forward independent of the status of a permanent repository. As with developing a disposal capability, the critical challenge for consolidated storage will be finding a site or sites. As part of a consent-based approach, we must undertake renewed effort to communicate broadly about the benefits and risks associated with long-term management of spent fuel and high-level waste. Time and time again during the Commission hearings we heard people expressing deep concern about the transport of spent fuel, and I was personally impressed by the safety record that exists in this field. The safety of transportation of radioactive waste actually has a long and rather remarkable safety history. According to the American Nuclear Society, over the past 40 years, about 3,000 shipments of spent nuclear fuel have navigated more than 1.7 million miles of roads and railways. Of all this travel, no radioactive materials have been released to contaminate the environment as a result of an accident. And I think part of the reason for that may be because every ton of used fuel that is shipped is encased in about four tons of protective shielding. Anyway, an effective outreach program can help point out these things and can help build public confidence that spent fuel and high-level radioactive waste can be safely shipped, stored, and disposed of in the United States. Finally, any robust and well managed waste program needs access to funds that the nuclear utility rate payers are already providing for the purpose of nuclear waste management. If the status quo continues, the parallel storage and disposal programs we recommended could be in competition with each other for limited funds instead of being mutually supportive. A consent-based setting system will also depend on providing assurances to the host communities that a storage facility or repository is part of a reliable well-managed program. This could be undermined if financial resources are not assured. In closing, let me thank you very, very much for letting me have this opportunity. And I reaffirm my own commitment to work with the Subcommittee in any way I can to move this to a path towards success. Thank you. [The statement of Ms. Eisenhower follows:] [GRAPHIC] [TIFF OMITTED] T7779A.031 [GRAPHIC] [TIFF OMITTED] T7779A.032 [GRAPHIC] [TIFF OMITTED] T7779A.033 [GRAPHIC] [TIFF OMITTED] T7779A.034 [GRAPHIC] [TIFF OMITTED] T7779A.035 [GRAPHIC] [TIFF OMITTED] T7779A.036 [GRAPHIC] [TIFF OMITTED] T7779A.037 [GRAPHIC] [TIFF OMITTED] T7779A.038 [GRAPHIC] [TIFF OMITTED] T7779A.039 Mr. Frelinghuysen. Ms. Eisenhower thank you very much for your testimony. Dr. Rodney Ewing. Good morning. Dr. Ewing. Chairman Frelinghuysen, Ranking Member Kaptur, and distinguished members of the Subcommittee, good morning. Mr. Frelinghuysen. I suggest you move your mic up a little closer to you so we can hear you. Thank you. Dr. Ewing. Thank you. Thank you for inviting me on behalf of the Board to comment on these important issues from the Board's technical perspective. My full statement has been submitted for the hearing record. During the time that I have allotted, I will briefly discuss some of the important points from the written statement. First and most important is to affirm that there is a broad scientific and engineering consensus that a deep mined geologic repository is an appropriate and safe method for the isolation of spent nuclear fuel and high-level radioactive waste from the environment. Internationally, deep mined geologic disposal is the policy of most countries. Further, a geologic repository will be needed for high activity waste disposal in the U.S. for any realistically envisioned future fuel cycle. Therefore, the top priority for us all is to get the U.S. on a path towards geologic disposal. Site selection and characterization will take substantial scientific and engineering effort. In parallel, however, there also must be a strong and continuing engagement with the affected public, including local communities, the state, and Native American tribes. The challenge of the consent-based process is to blend the scientific and engineering requirements with continuous public engagement. In the U.S., the path to achieving this goal remains to be defined. A detailed look at international experience with consent- based programs as compiled in the Board's Experience Gained Report of 2011 presents a nuanced picture of successes and failures in this endeavor. It is clear that the simple label, consent-based, does not in and of itself ensure success. Certainly, culture and government structure also play an important role, and to the extent that these are not the same as in the U.S., then the lessons from abroad may not be applied directly here in the United States. Still, some common themes emerge from the experience of nuclear waste disposal programs around the world and in the U.S., and from my perspective, some of the most important of these are: first, there should be full engagement of the affected parties, and this engagement takes time and requires program continuity. And most importantly, program credibility. Second, there should be a well articulated technical basis for the selection of the site and the design of a repository. And finally, the basis and strategy of the case for safety must be accessible to the broader technical community as well as the public, particularly the affected public. Perhaps the most relevant and useful experience for the United States is that of the Waste Isolation Pilot Plant in southeastern New Mexico, which is the only operating deep mined geologic repository in the world. Transuranic radioactive waste generated by defense programs is disposed of at WIPP. I served as a member of a committee of the National Research Council from 1984 to 1996 that continuously reviewed the WIPP project, and I lived in New Mexico through the process. So I had a front row seat from which to watch the evolution of the WIPP project. In my view, many factors contributed to the successful opening of the WIPP facility, but some of the important factors include: there was a continuous independent, senior level scientific and engineering review in a public forum provided by the National Academy of Sciences through the National Research Council's WIPP Committee. This was one of the longest standing committees in academy history. Typically, open meetings were held twice a year, many of them in New Mexico. Members of the Committee had time to develop a detailed understanding of the project, and in some cases their involvement was longer than some of the program managers. There was continuous technical review by the state of New Mexico. The Environmental Evaluation Group of the state was a constant reviewer of technical issues, many of which were presented then to the academy committee, again in a public forum. The local community of Carlsbad was very involved, not only as proponents for WIPP, but also as serious and critical observers of the DOE program. Nongovernment organizations were very active, providing both a technical and political perspective. There was continuity in the repository program. Some scientists and engineers spent a major part of their careers working on WIPP or related projects, and the chief scientist for 25 years, Wendell Weart, was an articulate spokesman for the project and interacted effectively with technical audiences as well as the public. Finally, there were differences between the WIPP in New Mexico and the Yucca Mountain projects in the regulatory approach. EPA is the regulator for WIPP, while the NRC is the regulator for the YUCCA Mountain project. I suggest that the impact of these differences should be examined as we go forward. One important point in this regard is that the regulatory period for WIPP is 10,000 years, while that of Yucca Mountain is one million years. In summary, an important lesson from WIPP and international programs is that ongoing transparent, technical review and oversight is crucial to success and crucial to the consent- based process. I would be pleased to answer any questions. [The statement of Dr. Ewing follows:] [GRAPHIC] [TIFF OMITTED] T7779A.040 [GRAPHIC] [TIFF OMITTED] T7779A.041 [GRAPHIC] [TIFF OMITTED] T7779A.042 [GRAPHIC] [TIFF OMITTED] T7779A.043 [GRAPHIC] [TIFF OMITTED] T7779A.044 [GRAPHIC] [TIFF OMITTED] T7779A.045 [GRAPHIC] [TIFF OMITTED] T7779A.046 [GRAPHIC] [TIFF OMITTED] T7779A.047 [GRAPHIC] [TIFF OMITTED] T7779A.048 [GRAPHIC] [TIFF OMITTED] T7779A.049 [GRAPHIC] [TIFF OMITTED] T7779A.050 [GRAPHIC] [TIFF OMITTED] T7779A.051 [GRAPHIC] [TIFF OMITTED] T7779A.052 [GRAPHIC] [TIFF OMITTED] T7779A.053 Mr. Frelinghuysen. Thank you, Dr. Ewing, for your testimony. Mr. Rusco, there seemed to be quite a discrepancy between your ballpark figure of $15 billion and that of Mr. Lyons, who obviously we have deep respect for, but why such a gap here? Mr. Rusco. I think it is really quite simple. Well, the main difference is that we are looking at dollars in today's terms, so you know, we are adjusting for inflation. A billion dollars 20 years ago is worth more than a billion dollars today. Mr. Frelinghuysen. So you are basing the $15 billion on an inflationary factor? Mr. Rusco. Yeah. Mr. Frelinghuysen. You are not basing it on all the accounting that you have done relative to the costs? Mr. Rusco. We added up all the costs over time. And we just adjusted it to today's dollars. Mr. Frelinghuysen. To both you, Ms. Eisenhower, and Mr. Rusco, this issue of consent-based. At one point in time the Yucca site was consent-based. There was a host community that agreed. Is that not accurate? Mr. Rusco. That is correct. There was some agreement in the small community there about that. Yes. Mr. Frelinghuysen. Yeah. There was some agreement. Mr. Simpson raised a question earlier on what does interim storage buy us? I would like to know what your opinion is here. What does it buy us? Ms. Eisenhower. Well, thank you. First of all---- Mr. Frelinghuysen. How does it really help the situation given the fact that we obviously have a potential use of something? But where are we going with interim storage? Ms. Eisenhower. Yes. Thank you. If you would allow me also just to add one thing to the consent-based. Mr. Frelinghuysen. Jump in. Ms. Eisenhower. One of the things that I thought was absolutely riveting in the Commission sessions was the eagerness of the community around Yucca Mountain to see that project go forward. But what we discovered was what somebody referred to as the donut effect, which is the local community could be highly in favor of this but the state is against it. And I think this is going to be a very big issue for resolution, which is one of the reasons I emphasized the transportation thing so much in my comments because that seemed---- Mr. Frelinghuysen. Las Vegas did not want to have trucks rolling through. I mean, let us be---- Ms. Eisenhower. Exactly. But that is why a fact-based approach to looking at the transportation is important. With respect to your other question--I am sorry. Could you just---- Mr. Frelinghuysen. What does interim storage buy? Ms. Eisenhower. Yes. Interim storage. I think, first of all, interim storage offers a lot. It offers a kind of flexibility. As we have already described, it will take some time, not only to site more than one permanent repository, but we are also under pressure because the federal government has an obligation to move the waste from these reactor sites and it gives us an opportunity to accomplish the first step. Our commission visited Sweden. It is probably one of the most exciting projects in the world for this project. They had a multi-tiered system. They moved everything into consolidated storage and then the next step was the building of a repository which they have now done. So it is part of a phased project. At the same time, I would offer it as a kind of flexibility for seeing where the technology and other issues go. It could be at some point that various estimates or various energy challenges we may face, may not pan out over time. We may want to look at the use of reprocessing or recycling spent fuel, depending on what technology is available. So it gives us all kinds of flexibility both with respect to building a long-term permanent repository and also having the flexibility to make changes and arrangements as we go through this multi-tiered process. Mr. Frelinghuysen. Well, thank you. Interestingly enough, Mr. Rusco, maybe you know this. The Department of Energy's Office of Civilian Radioactive Waste Management estimated in 2008 that the cost of transporting spent fuel to Yucca would be more than $19 billion. If you have interim storage you could double that cost. Mr. Rusco. I think that is one of the big challenges. There are a couple big challenges of interim storage, and the first, of course, is just, you know, can you build it? And how long will it take? Mr. Frelinghuysen. It is a little difficult to justify spending that much money, even though they appear to have an impeccable record of moving things. Mr. Rusco. Exactly. Mr. Frelinghuysen. That is a lot of money. Mr. Rusco. And then moving it essentially twice. If they were not co-located you are moving it twice and that does---- Mr. Frelinghuysen. And lastly, before I go to Ms. Kaptur, Dr. Ewing, did your group find any technical issues with Yucca? Was Yucca an appropriate site? I know you have somewhat endorsed backhandedly the WIPP site, but I am just wondering-- -- Dr. Ewing. And I did not mean to do that. That was an example. Mr. Frelinghuysen. Well, I know that but you went on at some length and I--we are sympathetic to that. Dr. Ewing. Okay. A relevant example. Mr. Frelinghuysen. Yeah. Dr. Ewing. The Board in 2002, reviewed in detail the technical basis for the DOE's work in support of the anticipated license application. And just to quote from their report, at that time they said, ``At this point, no individual technical or scientific factor has been identified that would automatically eliminate Yucca Mountain for consideration as a site for a permanent repository.'' Mr. Frelinghuysen. So you stand by that? Dr. Ewing. I think that is true. I also would point out that in their review of the work they ranked the quality of the work supporting the technical basis as weak to moderate at that time. And so there are still issues to argue about. Mr. Frelinghuysen. Weak to moderate but an investment in time and taxpayer money. Dr. Ewing. Right. Certainly. Mr. Frelinghuysen. But you do not have any technical issues relative to---- Dr. Ewing. No, sir. Mr. Frelinghuysen. Okay. Ms. Kaptur. Ms. Kaptur. Thank you, Mr. Chairman, and thank this excellent panel for your work. Mr. Rusco and Dr. Ewing, in reading between the lines of your testimony, I am thinking about the manner in which the Department of Energy functions, versus the Environmental Protection Agency, in kind of a time warp in a way that seems to have affected this project in my mind. Going back to the '70s and '80s, agency departmental behavior changed with the development of the Environmental Protection Agency. More open hearings, more consultation back and forth. It sounds like going back to when this started, the consultation was very minimal, decisions were made internally according to what you said, Dr. Rusco, or Mr. Rusco, if I am correct in your testimony. Doctor, you talked about the behavior and the consultation that would go on with stakeholders adjacent or within the state in which this might exist. Could you discuss a little bit more the change in departmental behavior, NRC, EPA, Energy, since the '70s up to the point we are now and the fact that part of what happens here appears to me to be a change in the way that we make public decisions as affects the environment and the public's engagement in that over 40 years. Was there a much more internal set of decisions made? Mr. Rusco, you pretty much said that. Mr. Rusco. Definitely, the panel that DOE formed, expert panel to evaluate their process found that they lacked transparency and they had been accused of having basically vague criteria for their initial selections. And these kinds of issues can snowball, especially, you know, there was local support and community support for this project. There turned out to not be state support. We cannot go back and look and see what would have happened had there been a more open process, but a more open process is obviously going to be necessary going forward. You have to educate people about what you are doing and convince them that it is okay or else, you know, you will not find the support. Ms. Kaptur. Dr. Ewing, do you have a comment? Dr. Ewing. So my experience with WIPP came before I had any experience for Yucca Mountain, so I had a naive feeling that this is the way it is always done. I think with the EPA as a regulator, and the EPA became a regulator with the Land Withdrawal Act, so it was part of a grand bargain of how we put together regulation and oversight. The state's environmental evaluation group was created at the same time. And one of the characteristics I think of that time was that there was open discussion back and forth. The EPA had a lot of experience dealing with environmental problems, realized the difficulties of long-term predictions, and was willing to consider variations on a theme, that is safe disposal, that taken together would ensure the safety of the site. As time has passed, I think our regulatory framework, in my personal view, has become very prescriptive. And so we have lost the ability to negotiate back and forth about appropriate solutions to very difficult problems. Also, I would have to say this was in the time of Senator Domenici, a towering figure in the discussions, and so that drove all parties to I would say civilized behavior and moving forward. So. Ms. Kaptur. Thank you. Thank you for those comments. I, in the prior round, had asked a question about whether the sites being evaluated now were near any military facilities. Both the chairman, myself, and our ranking on Defense Approps, Mr. Visclosky, all of us have served on Defense for a long time. And my own view is that just because of the development of global conditions, the domestic concerns about nuclear spent fuel, that the closer we can locate to a military facility to give the public security, the better we are. And I am not saying it has to be on a base, but I am saying it is an additive factor. And I, unlike Mr. Visclosky, have not visited all possible sites. But all I am saying, knowing the public perception in trying to give confidence, it would seem to me that that would be worthy pursuit to solve this for the country. And it would be helpful. I know that this is not directly related to what we are talking about here, but in terms of the difficulties that some of our commercial nuclear power plants have had, I have been very public in my own state about encouraging disciplined management at the level of the nuclear navy in order to get rigor and better management of facilities that have been heavily fined for a lack of disciplined management. And what has been interesting over the years, and I think one of my greatest accomplishments on the energy side as a member, has resulted in a job path for personnel from the nuclear navy going into the commercial nuclear industry. And I am now finding very excellent people in our commercial companies. And I thought, well, that is good. That is different. It is a good development for the country and for better management of plants. So when I look at this I say to myself, hmm, I think we need to be thinking not just at a Department of Energy and NRC- regulated facility, but we need to be thinking about a discipline giving the public confidence that this will work and they have nothing to fear. Thank you. Mr. Frelinghuysen. Mr. Simpson. Mr. Simpson. Thank you, Mr. Chairman. Thank you, Susan, for taking the time to serve on the BRC. I know that was a very time-consuming effort, and I suspect it probably did not pay a whole lot. Ms. Eisenhower. No. Mr. Simpson. But let us all face it. The problem with Yucca Mountain is not technical. It is political. That is just the reality. It is what it is, and it is what we are going to have to deal with. But I find this question of consent-based siting very interesting. You described it as a donut hole, and that is exactly right. And I think, Dr. Ewing, your description of what happened at WIPP is kind of rosy compared to the difficulty we had of opening WIPP. I have had county commissioners around Yucca Mountain come in that support it and would like to see it move forward. Obviously, the state of Nevada has a problem. In Carlsbad, New Mexico, when they were proposing that, I remember there was a young attorney general named Tom Udall, who was suing the state of New Mexico to try to prevent the opening of WIPP. And now you see Carlsbad. The residents of Carlsbad are very interested in potentially taking on an interim storage facility. I think Savannah River maybe put a proposal out there. It is not out of the goodness of their heart. They want something. And what they want is economic development, the jobs that it brings, and they want us to pay them for it. I think Savannah River's latest proposal says if we do an interim storage facility in Savannah River, we have to move all of the fuel cycle research to Savannah River. That is beautiful. So we just close down the INL and some other places, but that is going to create some real hassles. That is the type of bidding we are into because I do not know that you are going to find some place where the whole level of government--local government, state government--is going to say, yeah, bring it here. What are your thoughts on that? Dr. Ewing. May I respond? Mr. Simpson. Yeah. Mr. Frelinghuysen. Equal time. Dr. Ewing. Right. First, I want to be sure to say I did not mean to paint a rosy picture, but I did pick out the positive highlights. In fact, it took a long time, and in New Mexico there was a donut effect. Northern New Mexico was strenuously against opening WIPP. But over time, with the external oversight and constant discussion, the state fell into line on this. And I note there is a huge, expensive bypass around the city of Santa Fe that was the result of these discussions. And the waste moves around Santa Fe, not through Santa Fe. Mr. Simpson. Well, let me ask you as you are answering that, what do you think the reaction would be in New Mexico now if they decided that they wanted to expand WIPP to be a permanent repository, to put high-level waste there? Dr. Ewing. You would be at the beginning of another long journey. And the first issue would be that the state accepted WIPP, the opening of WIPP, with the understanding that it would not be a repository for spent fuel and high-level waste. So that would be a serious barrier. Mr. Visclosky. I am sorry, what did you just say? Dr. Ewing. The opening of WIPP, you know, the state agreeing to this was--part of that agreement is that WIPP would not be used for spent nuclear fuel or high-level waste. Mr. Simpson. The thing I hear most from every community I talk to that is interested in it is that they do not trust the federal government to make interim storage interim, because in the long run they are going to say we got it solved; deal with it. Ms. Eisenhower. Maybe I could respond to that. That is one of the considerations that we discussed at length, and the reason for our concluding that a Fed Corp would be a good idea. You know, trust is a very delicate flower, and once it has been bruised it is extremely difficult to restore that. There have been some--we looked at a number of models for Fed Corps and, you know, obviously the composition of this might vary, but it would give the whole process a fresh start. To your point about there is not a reason that a community does it unless they have something they want, that is probably true, but it also has been the international experience. In Sweden there were significant economic concessions that came to the community that won the site selection. Even some economic benefits to those who put their names in the hat. But they have had a very successful program. You might also be interested to know that Canada has had a request for interest process underway up there and they finally had to, from what I understand today, close the series of requests because they had more than 21 possible applications. And they are a bit like this country. Mr. Simpson. Can we ship it to Canada? Ms. Eisenhower. Hey. Mr. Simpson. It could be a good headline. Ms. Eisenhower. There we go. Yeah. Mr. Simpson. Thank you. Mr. Frelinghuysen. Mr. Simpson always makes things lively here. Mr. Visclosky, see what you can do to add onto that. Mr. Visclosky. I will do my best, Mr. Chairman. Mr. Chairman, I would start out by again, acknowledging that I have a lot of respect for Dr. Lyons and Mr. Weber. They just happen to be sitting at the wrong place at the wrong time because I have been a member of this Subcommittee for a long period of time and I appreciate the second panel participating as well. Dr. Ewing, you, in your summary, I thought were very measured, but I thought you made a good point. You said to summarize, I would observe that not using a consent-based approach for repository siting can slow the process or lead to delay or failure. But using a consent-based process does not guarantee that a repository will be successfully sited, talking about the donut hole. I think that is a good point. Okay, you get a community, then you have a problem with the state. Having calmed down, and recognizing I cannot do anything about the last 26 years, but going forward we are talking about 35 years. And potentially an average of $400 million a year going out the door. I certainly have a responsibility; we all do. What would be your recommendations--because there is a congressional failure here, too. What can we on this Subcommittee do? What should the Administration be thinking about doing to not use 2048 as a goal and not take 35 years to move this process along as far as consensual siting if that is what it takes, understanding that is not a sure thing, too, from Dr. Ewing's testimony, and I appreciate that. Do you have any thoughts as to how we can help move this along in a positive fashion; not a kind of vented? Ms. Eisenhower. Well, I would just like to very quickly go back to the importance---- Mr. Visclosky. Ms. Eisenhower, are you a Michigan person as well? I know Dr. Ewing is. Ms. Eisenhower. I am sorry? Mr. Visclosky. Are you a Michigan person? University of Michigan person, too? Ms. Eisenhower. No, I am not. Dr. Ewing. That is still her opinion, I think. Mr. Visclosky. I notice a Notre Dame guy. I know he is fine. Mr. Frelinghuysen. Let us make sure that is struck from the record. Ms. Eisenhower. So I would like to say on the 2048 date, I am under the assumption that that is an outside figure. It is very hard to estimate how long this is going to take, but I think the reason the Blue Ribbon Commission was a little bit more optimistic is having studied the international situation, especially looking at countries that were a little bit more like the United States than say France, which has a much more centralized government, that if we gave it a fresh start, if we assure the access to the funds, that this could move along more quickly. Getting access to the funds is important. The $400 million you are talking about that go out the door, actually, the rate payers have already paid that. So it is not coming out of the Federal Treasury, per se. I mean, this has been dedicated money. And I would like to point out that the polluter pays is the only--nuclear industry is the only energy source that actually pays for its disposal costs upfront. And so I think the public has a right to believe that those resources are going to be there. And if potential host communities believe that those resources are going to be there, too, we might be surprised by how many state and local communities come forward. Thank you. Dr. Ewing. Just to expand on the response, one of the values of the consent-based process, if that were to be the way we would move forward, is education. And if you look at the Canadian experience, in the late '80s they had a strong technical program that finally was deemed not to be acceptable. And so they started from scratch. And when they started over they focused on communication and education, and dealing very slowly and deliberately with the people who would be involved. And I must say at that time I was very skeptical because I thought, well, this is a scientific problem. Let us do the science and move on. But I have to observe now that they have over 20 communities who are interested in being candidates. And they go further. They have taken some communities off the list because of the geology or there are technical issues that do not allow them to go forward. So I think the consent-based process is--the leverage you need or the path forward that would involve educating the public, and that opens the range of possibilities. The other point I would make is in terms of thinking about legislation, the credibility of the organization charged with this duty is essential. And there I would look to Sweden and the SKB model. They have a single purpose. It is to dispose of waste. It is not to expand the nuclear power industry. It is not to deal with any other issue but disposing of waste. And they are rigorous in following those directions. It is small. SKB now has grown because they are actually doing something, so they have a little over 300 employees. And they have high technical competence. They contract all over the world. They get the world's experts. And they are doing it at a fraction-- doing their job at a fraction of what we would be spending annually. So I think if you have an organization dedicated to this purpose with high credibility that interacts well with the public, that is the foundation of success over the longer term. Mr. Visclosky. Thank you very much. Thank you, Mr. Chairman. Mr. Frelinghuysen. Mr. Nunnelee. Mr. Nunnelee. Thank you, Mr. Chairman. Mr. Simpson raised the issue of interim storage facilities. Of course, as you know, the current U.S. statute says that we do not establish interim facilities until a permanent repository is established. But the Administration's energy policy earlier this year seems inconsistent with that. So, are we not headed down the road that Mr. Simpson described where the interim facilities are actually going to become permanent? Ms. Eisenhower. First of all, that is sort of a judgment and I think it goes back to trust and confidence. There may be some kind of soft linkage eventually, but I think we do not have an overall strategy at the moment for how to think about this. That is what was so impressive about visiting other countries on our fact-finding trips--to see that they actually have a full-blown, well thought through strategy that comes in incremental steps. And, you know, I am not sitting on your panel. I am on the other side of the table here, so I am sure there are all kinds of considerations that go with providing at least some sort of linkage as a form of assurance. I do not know whether that is necessary, but I do think that to Dr. Ewing's point, that the right organization to carry this forward could make an enormous difference. An organization that knows how to inspire public confidence and that works hard at that. Let me also say that there are huge facilities that have grown up around those places in Sweden and in France; these places become kind of nuclear centers. And so there are huge incentives, even on a temporary basis, for these communities to be willing to be considered. Mr. Rusco. Could I just add a couple of points? Mr. Nunnelee. Sure. Mr. Rusco. With regard to WIPP, one of the reasons that WIPP ultimately succeeded is the state got concession from DOE on authority and, for example, the state has the authority to say no to any shipment if they do not think it is sourced correctly or it has--the right steps have been taken. And that gives the state then the confidence, you know, some of the confidence that they cannot become something that was not intended. And I think that that is critical. There has to be some mechanism, and it does not have to be that, but some mechanism to ensure that an interim facility will not become permanent. And that may require some different sphere of control. Mr. Nunnelee. I understand you do not sit on this panel. Those that sat on this panel before us did come up with a strategy. It is the law of the land. It is just not being followed. So when can we anticipate from the administration a strategy for temporary storage sites through 2048 or 2047 or 2049? When will we have that strategy? Mr. Rusco. In our work we did some estimates of how much time it would take to build an interim facility. Now, this was under the assumption that we are going forward with Yucca and it did not take into account all the social, political, you know, potential for delay. But even without that and in those conditions we think 20 years is not an unreasonable amount of time to build an interim facility. Mr. Simpson. Will the gentleman yield? Mr. Nunnelee. Sure. Mr. Simpson. One of the other things that concerns me, frankly, is that when I asked the Department at one of our hearings if the Administration was going to put forth legislation to implement the recommendations of the BRC, they said no, they had no plans to put anything forward. And so is this another Simpson-Bowles Commission where they make recommendations and then we all just kind of wave at it? Or are they going to propose--and I know you are not all from the Administration, but it bothers me that the Administration is not taking the recommendations seriously. It is almost like it is a plan to not have to deal with Yucca Mountain. We have an alternative over here, but we are not going to push it forward. So that is a statement, not a question. Mr. Frelinghuysen. Mr. Nunnelee, Ms. Eisenhower I think wants to reply to you and Mr. Simpson if that is all right. Ms. Eisenhower. Well, I am not a lawyer so I am not going to try and give you an assessment of what is already a legal brief, but I would like to point out again that I have submitted for the record a memo from Van Ness Feldman that indicates that we could actually begin the process of a consolidated storage facility under the existing provisions of the Nuclear Waste Policy Act. And I just wanted to flag that for you. I hope that memo will be of some help to you. Mr. Simpson. Okay. Thank you. Thank you, Mr. Chair. Mr. Frelinghuysen. Batting cleanup as we approach high noon, Mr. Fleischmann. And then I believe Ms. Kaptur has a comment after you. Mr. Fleischmann. Mr. Fleischmann. Thank you, Mr. Chairman. I will be very brief. I really want to thank the panel so much. I am from Tennessee. I represent Oak Ridge and the Third District of Tennessee. And it is clear. It is clear that we have got this waste at these sites. It is sitting there. We have got to deal with it, and I really appreciate the fact that you all have stepped up to deal with it. And I share the sentiments of the Committee. I think they are concerned about the past and want a brighter future in this regard, and I certainly want to be part of that solution. So I will be brief. I want to ask one final question. We have touched on this, Ms. Eisenhower. Your testimony cites recent experiences in Spain, Finland, and Sweden as encouraging examples of consent- based siting. Can you elaborate on those experiences? And then I will rest with that. Ms. Eisenhower. Yes. I tried to indicate some of the experiences by noting the developments in Canada and Sweden. I was particularly impressed by the Swedish model because as Dr. Ewing pointed out, there is a dedicated company called SKB, which is a Fed Corp for the Swedish government that essentially has this as its mission and absolutely nothing else. So I think that is very heartening. I gather that developments in Spain, though I did not visit there myself, look very promising. And then if you allow me just to add one other thought here. I think it is important for all of us to ask ourselves what are the alternatives. If we do not find some way to move forward, either--I mean, how are we going to know unless we try it. And if we do not move forward, we are going to end up accruing huge liabilities for the federal government and finding that we have these orphaned nuclear sites. I visited Maine Yankee. It is really stunning to see this perfectly beautiful piece of real estate no longer has a nuclear reactor but it has its dry cask storage out on a platform being guarded when actually it would benefit hugely from being in some kind of interim or consolidated storage. And so I think what is impressive just to round up my answer to your question is that these foreign governments have moved forward with some plan. We came to an impasse. We had a Blue Ribbon Commission. We put our hearts and souls into coming up with some ideas that we hope, you know, will at the very least create a vibrant debate about how we can move forward. But the alternatives, the status quo, I do not think is sustainable on any level. Mr. Fleischmann. Thank you. Thank you all. Mr. Frelinghuysen. Thank you, Mr. Fleischmann. Ms. Kaptur. Ms. Kaptur. Thank you, Mr. Chairman. I will be brief. On the last round I did not get a chance to ask Ms. Eisenhower a question but I really appreciate your testimony. Ms. Eisenhower. Thank you. Ms. Kaptur. And the idea of a separate organization to run this is appealing so long as our Committee maintains jurisdiction. And drive. Jurisdiction and drive. I did want to just place on the record because you get in different audiences, and if we look at the Department of Defense and the number of defense waste cleanup sites that we have, they are extraordinary. And there may be a confluence of interest between the Department of Energy and the Department of Defense if they would bother to map it where we would do a community a favor by cleaning up a defense site that is sitting out there somewhere. And also, it would become the new home for this spent fuel. I do not know where those might be but I have been absolutely astounded when I look at the maps relating to defense cleanup and what we are charged with as a country and proceeding along that path not at a quick enough pace for me. But I think that that is something to also consider as one looks at ways of solving this problem geographically. And there may be something there. There may not be. But I just put it out there for your thought as you get into different audiences and attempt to help us solve this national challenge. And thank you all very much for your testimony. Mr. Frelinghuysen. Thank you, Ms. Kaptur. Mr. Visclosky. Mr. Visclosky. Thank you, Mr. Chairman. I appreciate the forbearance. Just, I guess, a question on interim. Understanding that some people oppose interim storage on the theory it takes pressure off of permanent repository and I understand that. Looking forward in proceeding down this road, and I appreciate the legal opinion. One of the reasons I liked law school is you could give the wrong answer but great arguments. You would pass. You would not do well but you could get out of school. So people could have reasonable differing opinions. Again, as you put together a program going forward, how do you assuage that concern that, oh, here you go again and we are never going to get to permanent? How could you deal with that question? And if you do not have any ideas now, that is fine. You know where I live if you want to call any of us back. Ms. Eisenhower. I will just add to this, this is a description of the status quo. I mean, I think most Americans would agree that, you know, we are not moving forward at all on this. And if it is correct, and I do believe it is, that if people are fearful of the unknown, they are going to feel a lot better when we have some kind of consolidated storage facility on a temporary basis. Right now we have got spent fuel essentially stored in more than 104 places in the country. I think this will actually raise public confidence to let the public know that these are going to be in fewer sites. They are going to be well guarded. They are going to take some pressure off of communities that right now are not happy about, you know, the spent fuel pools and the dry cask storage that is sitting on site. So I think sometimes it is very hard to imagine the future on behalf of people who may not be as knowledgeable about this subject as you are. But I think everybody will agree that the status quo probably is not desirable at all. Mr. Visclosky. Thank you, Mr. Chairman. Mr. Frelinghuysen. All of us will agree to use your adjective that you are a very impressive panel. I want to thank you for your time and effort in being here today and sharing your knowledge and perspective with us. On behalf of the entire Committee, we thank you and we stand adjourned. 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MAJOR CONSTRUCTION PROJECTS, FY 2014 BUDGET WITNESSES Panel 1: BOB RAINES, ASSOCIATE ADMINISTRATOR, ACQUISITION AND PROJECT MANAGEMENT, NATIONAL NUCLEAR SECURITY ADMINISTRATION JACK SURASH, DEPUTY ASSISTANT SECRETARY, ACQUISITION AND PROJECT MANAGEMENT, OFFICE OF ENVIRONMENTAL MANAGEMENT, DEPARTMENT OF ENERGY PAUL BOSCO, DIRECTOR, OFFICE OF ACQUISITION AND PROJECT MANAGEMENT, DEPARTMENT OF ENERGY Panel 2: DAVE TRIMBLE, DIRECTOR, NATURAL RESOURCES AND ENVIRONMENT, GOVERNMENT ACCOUNTABILITY OFFICE MIKE FERGUSON, CHIEF OF COST ENGINEERING, HUNTINGTON DISTRICT, UNITED STATES ARMY CORPS OF ENGINEERS WILLIAM A. ECKROADE, PRINCIPAL DEPUTY CHIEF, OFFICE OF HEALTH, SAFETY AND SECURITY, DEPARTMENT OF ENERGY Mr. Frelinghuysen. The hearing will come to order. Good morning, everyone. Thank you for being here. Let me extend to Mr. Nunnelee, who is not here, my thanks for him sitting in for me yesterday when we had a hearing when I could not be present. Today we have two panels before the Subcommittee to discuss the management of the Department of Energy's major construction projects that relate to our very important nuclear enterprise. For years, the Department of Energy has struggled to keep its contractor base, contractor-run projects within their cost, scope, and schedule estimates. This hearing will focus specifically on what reforms have been made and what else needs to be done to address the persistent problems the Department has had in managing its large nuclear projects. Specifically, we will discuss the root causes of performance issues associated with the Waste Treatment Plant in Washington State and the Salt Waste Processing Facility under the Environmental Management Program and the MOX Fuel Fabrication facility both at Savannah River in South Carolina and the Uranium Processing Facility in Tennessee under the responsibility of the National Nuclear Security Administration (NNSA). Three of these projects are now undergoing a cost and schedule re-estimate, what we call a baseline review, to account for further delays, and a fourth is being redesigned. So we are anticipating greater costs above the approximately $25 billion that has already been spent. In our first panel we have three individuals who have been at the center of the Department's efforts to reform how these projects are being managed. Mr. Paul Bosco is the Director of the Office of Acquisition and Project Management, which is the Department of Energy's central organization responsible for project management and cost estimating for the various program offices of the Department. Mr. Bob Raines is the Associate Administrator for Acquisition and Project Management for the National Nuclear Security Administration. Mr. Jack Surash is the Deputy Assistant Secretary for Acquisition and Project Management for the Environmental Management Program. I believe this is the first time for all of you to testify before the Subcommittee, and we welcome you. All, I may note, have some sort of a Navy background. I checked their resumes very closely. Many years in the trenches on behalf of our country in a variety of roles. So we are very grateful. In our second panel we will have Mr. Dave Trimble, Director of the National Resources and Environmental Group for the Government Accountability Office, aka GAO. Mr. Mike Ferguson, Chief of Cost Engineering for the Huntington District from the U.S. Army Corps of Engineers. And Mr. William Eckroade, Principal Deputy Chief of Operations for the Department of Energy's Office of Health, Safety, and Security. The GAO has focused extensively on the Department's project management and has made a number of recommendations to encourage the Department to adapt better practices. The U.S. Army Corps of Engineers has also provided assistance to both NNSA and EM for several years now and continues to serve as a resource for new ideas and models to complete projects more effectively. The Office of Health, Safety, and Security is an independent oversight organization within the Department of Energy. It has also provided EM and NNSA with a number of recommendations on how its major projects are being managed with an emphasis on ensuring these complex nuclear facilities will meet standards for quality and safety for the foreseeable future. We look forward to hearing from both of these panels on their recommendations that their organizations have made and how they will continue to work with the Department to improve project management. Please ensure that the hearing record, responses to the questions for the record, and any supporting information requested by the Subcommittee are delivered in final form to us no later than four weeks from the time you receive them. We also ask that if members have additional questions they would like to submit to the Subcommittee for the record they please do so by 5 p.m. tomorrow. With those opening comments I would like to yield to my ranking member, Ms. Kaptur, for any remarks she may wish to give. Ms. Kaptur. [The information follows:] [GRAPHIC] [TIFF OMITTED] T7779A.106 [GRAPHIC] [TIFF OMITTED] T7779A.107 [GRAPHIC] [TIFF OMITTED] T7779A.108 Ms. Kaptur. Thank you, Mr. Chairman. Gentlemen, welcome. Today's hearing has been called to examine the Department of Energy's continued inability to manage major construction projects, an issue that has been an ongoing concern with this Subcommittee for a long time. I am deeply concerned by what I know of the cost overruns and schedule slips of the Department on its major construction projects. This year marks the 23rd consecutive year since 1990 that the Department of Energy's contract management has made the Government Accountability Office's High-Risk List for waste, fraud, and abuse. That is not a very good record. I understand that the Department has made some progress, and we are anxious to hear about it. In its last report, the GAO states that it will shift its focus of the high-risk designation to major construction projects with values of $750 million or greater. Still, these immense projects warrant the most prudent management and keen oversight of precious taxpayer dollars. The NNSA and EM currently manage 10 major projects with combined estimated costs totaling as much as $65.7 billion. When I look at the NNSA budget it pales by comparison to that figure alone. This is a significant sum by any measure, more than double the 2012 Energy and Water bill itself. In an era of shrinking budgets, it is critically important that the Department get this right. And we know you have the major responsibility to do that. GAO noted that the Department of Energy continues to demonstrate a commitment to improve contract and project management in NNSA and EM, and I expect to hear from you today about the Department's plans to address the remaining challenges for the successful execution of its construction projects moving forward. Thank you, Mr. Chairman, for the time. Mr. Frelinghuysen. Thank you, Ms. Kaptur. Mr. Bosco, front and center. Good morning. Thank you. Mr. Bosco. Good morning, sir. Thank you. Mr. Frelinghuysen. I know you have some remarks and if you have some lengthier remarks I am sure we will be happy to put those in the record. But the time is yours. Mr. Bosco. Thank you, sir. Good morning, Mr. Chairman, Ranking Member Kaptur, and Distinguished Members of the Subcommittee. Thank you for having me here today to discuss the Department of Energy's management of our largest construction projects. My name is Paul Bosco. I am the Department of Energy's Director of Acquisition and Project Management. I report directly to the Director of Management, Ms. Ingrid Kolb. I serve as the Department's primary point of contact on all matters relating to project management. I also serve as the Deputy Secretary's Secretariat on the Energy System's Acquisition Advisory Board for all major systems projects. I am a registered Professional Engineer, a certified Project Management Professional. I serve as a member of Project Management Institute's Global Executive Council, and I have been with the Department of Energy for six years. As already noted, previously, I served for 28 years with the United States Navy as a Civil Engineer Corps Officer, predominantly overseeing construction projects. My last assignment was as the Operations Officer here in Washington, D.C., at the headquarters of the Naval Facilities Engineering Command. Within the Department of Energy, among other things, I am responsible for project management policy, guidance, and oversight. More specifically, I coordinate and oversee all of the Departmental project management directives to include our project management orders and our guides. In the context of oversight, my functions include: monitoring adherence to those project management directives; the maintenance of all Departmental project management metrics; the execution of external independent reviews on our largest projects, including the conduct of independent cost estimates and cost reviews; and the publication of our monthly (Red, Yellow Green) project status report for all active Department of Energy projects. I also serve as the Department of Energy's senior procurement executive. As already noted, since 1990, as I am sure most everyone in the room knows, the Department of Energy has been on the GAO High-Risk List for contract and project management. During the past several years our senior leadership has focused their attention on this matter, committed to making improvements. The Department started and completed several initiatives to improve contract and project management, including a Root Cause Analysis and a Corrective Action Plan that was completed in 2008; a Deputy Secretary Contract and Project Management Summit which was convened in December 2010; and numerous Deputy Secretary Policy directives, including most recently a December 2012 memorandum entitled, ``Aligning Contract Incentives for Capital Asset Projects,'' that reinforced greater accountability for all parties. DOE is making progress. In May 2011, many of our project management reforms were codified within our updated project management order. Our most significant enhancements include: a new Departmental ``Project Success'' standard and other project management metrics; improved project upfront planning with greater design maturity standards; and new requirements, more stringent requirements for Independent Cost Estimates and Independent Cost Reviews, at our key critical decision points. So, how are we doing? Have these reforms had an impact? The answer is a resounding ``yes.'' The reforms are working. The most recent GAO high-risk updates bear that out. In 2009, NNSA and EM were focused and included on that list. Most recently, as noted, GAO narrowed that focus on NNSA and EM major projects and major contracts valued at or above $750 million. I concur with GAO's updates. We are doing better, but we have more to do. DOE's largest, most complex construction projects have been our greatest challenge. Our new project management reforms were not in place when their cost and schedule baselines were established. We must continue; we will continue to work towards improving project execution on our largest, most complex projects. Thank you, Mr. Chairman and Subcommittee Members for the opportunity to appear before you today. I stand ready to answer any questions you might have. [The information follows:] [GRAPHIC] [TIFF OMITTED] T7779A.109 [GRAPHIC] [TIFF OMITTED] T7779A.110 [GRAPHIC] [TIFF OMITTED] T7779A.111 [GRAPHIC] [TIFF OMITTED] T7779A.112 [GRAPHIC] [TIFF OMITTED] T7779A.113 Mr. Frelinghuysen. Thank you, Mr. Bosco. Mr. Raines. Good morning. Mr. Raines. Good morning. Chairman Frelinghuysen, Ranking Member Kaptur, and distinguished members of the Subcommittee, thank you for having me here today to discuss the steps the National Nuclear Security Administration has taken to improve acquisition and project management. More importantly, thank you for your continued support of NNSA's vital security mission. We could not do this important work without strong bipartisan support and engaged leadership from the Congress. The NNSA's Office of Acquisition and Project Management was established in February 2011, and I became its Associate Administrator in August of 2011. APM substantially changes the way NNSA plans, estimates, and manages construction projects. This reorganization encompasses four major areas. First, organization. Similar to project management organizations in the private sector and other federal agencies, APM is independent from the requirements owner and is fully integrated with an acquisition organization. Reporting directly to the Administrator, it shortens the chain of command for faster decision-making and provides an independent check on scope changes once requirements have been agreed upon. Our validation of budgets and schedules creates a healthy tension in the project execution process. Second, we have developed new and improved processes for more effective oversight and selection of best value contracting strategies. Some examples include codifying the Administrator's position on 90 percent design completion prior to baselining our nuclear projects. Second, defining precisely what 90 percent design completion means. We have instituted independent peer reviews utilizing the best talent from across the complex, and we have revised our change control procedures to minimize scope creep. Third, people. People are our most important asset. Our new organization and processes will only be successful with a well trained and motivated workforce. APM serves as the community manager for our federal project directors and contracting officers, ensuring they have the necessary training and tools to do their job effectively. When we do not have suitable experience training or numbers of people, we are augmenting our staff from the headquarters team using the U.S. Army Corps of Engineers or contractor support. We have partnered with DoD's Cost and Program Evaluation group for cost estimating expertise. Fourth, culture. We are developing a culture of acquisition and project management excellence and a reputation as a professional owner. We believe this will expand the universe of companies that want to compete for our work, a culture that realistically and objectively assesses risk, questions optimistic assumptions, and uses quantitative data for decision-making, a culture comfortable in identifying problems early so they can be dealt with quickly and a culture that holds ourselves and our contractor partners accountable for poor performance. Because of the nature of our work, safety and quality will never be sacrificed. That said, we will make risk- based outcome-focused decisions to ensure we provide the best value to the taxpayer. We are making progress. We have set clear goals and are meeting them. All projects completed in the last two years met the Department's cost goals that Paul had just talked about, and on a portfolio basis, finished 6 percent below the original budget. Although we will always work to improve safety and quality, our construction, safety, and quality records are enviable. I do not know any agency that has a higher percentage of OSHA-certified, voluntary personal protection sites as we do. Our high explosives pressing facility project at Pantex received the highest safety score ever recorded from the U.S. Army Corps of Engineers Tulsa District. For the fourth year in a row, our MOX project received the NRC's highest rating of no improvements necessary in their annual report. Our projects were among the most difficult in the world. Their time horizons are long with supply chains that stretch around the world. We have the best companies in the world on our team. We are working closely with them to make sure they bring their most talented people to work on these projects. I believe the progress we have demonstrated on our smaller work is applicable and scalable to our major systems projects. There is more to do but we are on the right track. Thank you again for having me here today. I look forward to answering your questions. [The information follows:] [GRAPHIC] [TIFF OMITTED] T7779A.114 [GRAPHIC] [TIFF OMITTED] T7779A.115 [GRAPHIC] [TIFF OMITTED] T7779A.116 [GRAPHIC] [TIFF OMITTED] T7779A.117 [GRAPHIC] [TIFF OMITTED] T7779A.118 [GRAPHIC] [TIFF OMITTED] T7779A.119 Mr. Frelinghuysen. Thank you, Mr. Raines. Mr. Surash. Mr. Surash. Thank you, sir. Good morning, Mr. Chairman, Ranking Member Kaptur, and members of the Subcommittee. Thank you for having me here today to provide you with an update on the Department of Energy's Office of Environmental Management (EM) major system construction projects and the progress in implementing contract and project management reforms. I am Jack Surash, Deputy Assistant Secretary for Acquisition and Project Management within the Office of Environmental Management. I am also a registered Professional Engineer. I have been with the Department about seven years, and previously, I served in the Navy, as it has been noted, in the Civil Engineer Corps for almost 28 years. Within EM, I am responsible for project management assistance, independent project oversight, and performance evaluation. I am also responsible for effective and efficient operation of the procurement functions within EM, and management of the closeout of EM's program for the American Recovery and Reinvestment Act of 2009. I am very pleased to report that EM has been making steady improvements in project and contract management, areas that the GAO has designated as a governmental high risk for many years. Based on results we achieved, coupled with our continued efforts and commitment by top leadership to address contract and project management weaknesses, GAO in its February 14, 2013 high-risk updated stated, and I am quoting, ``GAO is further narrowing the focus of its high-risk designation to major contracts and projects, those with values of at least $750 million, to acknowledge progress made in managing smaller value efforts.'' Based on lessons learned from analyzing root causes of our project and contract management weaknesses, we have put in place new policies and guidance that require strict adherence to several things. These changes are already bearing fruit. Let me mention a couple of those. The most important change is the requirement to assure proper upfront planning has been conducted so that the requirements are clearly identified and the appropriate design maturity and technology readiness have been achieved. We also need to ensure that safety is fully integrated into design early in the project and require that project design be 90 percent prior to establishing the project baseline. We also engage our internal/external oversight organizations, such as the Department of Energy's Office of Acquisition and Project Management led by Paul, and the Defense Nuclear Facilities Safety Board at every critical stage of the project to ensure their expertise is incorporated early in the process. We want to make sure that our contract requirements are clearly defined prior to issuing a solicitation for a construction project. We also want to first consider the use of a firm fixed- price contract to complete work requirements in order to cap the government's cost liability. We have put in place objective performance measures to the maximum extent possible to incentivize optimal contractor performance and to reduce costs. We have expanded the use of project peer reviews following a process similar to the Department of Energy's Office of Science. We have also partnered with the U.S. Army Corps of Engineers to obtain cost estimating services, as well as resources for our project peer reviews. We will also ensure that our projects are planned based on funding that is affordable and executable. The Office of Environmental Management is continuing to make progress with the construction of two very large construction projects--the Waste Treatment and Immobilization Plant in Richland, Washington and the Salt Waste Processing Facility in Aiken, South Carolina. The Waste Treatment Plant is vital to the Department's efforts to treat the high-level waste at Hanford. Physical construction is approximately 62 percent complete, and currently we are focused on resolving technical issues with the Pretreatment Facility and the High Level Waste Facility. Over the last several months, the Energy Secretary and a number of top engineers and scientists have been reviewing the remaining technical issues impacting this project. We will fully resolve these issues prior to resuming full construction activities in these facilities; however, full construction continues on the remaining facilities that are not impacted. Our other large construction project is the Salt Waste Processing Facility Project (SWPF). Physical construction on this project is approximately 69 percent complete as of today. There are no outstanding technical issues. In fact, we have a pilot version of this plant that has been in operation since 2008, and that plant has processed over 3 million gallons of waste to date. Unfortunately, delays in delivery of some key process components have resulted in a cost and schedule overrun, and we are presently working very closely with our contractor to identify the most economical and timely way to move forward. Mr. Chairman and Subcommittee members, I thank you very much for the opportunity to appear before you today. [The information follows:] [GRAPHIC] [TIFF OMITTED] T7779A.120 [GRAPHIC] [TIFF OMITTED] T7779A.121 [GRAPHIC] [TIFF OMITTED] T7779A.122 [GRAPHIC] [TIFF OMITTED] T7779A.123 Mr. Frelinghuysen. Thank you for your testimony. Thank you all for your testimonies. You are here this morning because you represent part of a reform movement here. The Committee has been obviously aware of directives and corrective action plans probably that have been coming up each and every year for the last 20 years. But you have been in the vanguard of the implementation. I assume you are not satisfied with where we are today. The statistics, the latest report of the Department, and I want to be complimentary because you are here and we want to recognize the significant effort each of you individually have done, and collectively it represents a lot, but if you look at the latest report of the Department of Energy, 8 of the 15 active EM projects had an unacceptable status representing I think $14 billion in costs; 3 of the 14 active NNSA projects were considered unacceptable representing about $5 billion in costs. And that does not count the Uranium Processing Facility at Oak Ridge because it still does not have a proper baseline. So you are not satisfied. And I would like to get an answer from you as to what more we can do here. The costs here are staggering. They are unacceptable to you. They are unacceptable to us. I think the taxpayers are wondering what is going on. That is really the purpose of this hearing here. We are on your side but we would like to hear from each of you individually some more on that issue. Mr. Raines. I would be happy to start. You are correct. We are not satisfied, and I think that is one of the reasons why in the NNSA we set up this new organization that has direct access to the Administrator, the most senior leader in the NNSA to make sure that his vision--I am sorry, her vision--is being promulgated to our staff and to our contractors. We believe that what we are doing today is going to make a vast improvement. On the projects that are not performing well, we are working with our contractors very, very closely to have them bring the right people to bear on the problems and to hold them accountable through the terms and conditions of the contract to the greatest extent practicable. Mr. Frelinghuysen. You have the right people, have you not? Are you suggesting we do not have the right people? Mr. Raines. No. In some instances---- Mr. Frelinghuysen. It is a remarkable workforce here. Mr. Raines. From our contractor workforce. So to be clear, the right people that we are talking about, the projects that we have had problems with, as we talk with our contractor partners, we have made substantial changes in both the project management personnel, the project controls personnel, and the construction management personnel. As we have stated, we can have the best processes in place, but if the people who are implementing them are not the right people for those particular jobs, then we need to have them put better people on the project. And they have done that for us. Mr. Frelinghuysen. Mr. Bosco. Mr. Bosco. Sir, I agree with you 100 percent. Mr. Frelinghuysen. You guys are in the driver's seat here. We like you. We commend what you do. Give us some confidence that we are going to see a sort of---- Mr. Bosco. So here is some assurance for you, sir. I am in the policy guidance oversight business. The reforms that we have made are in place. They are in our orders. They are in our guides. Now it is time to implement. So what has changed? So here are some big things that have changed. I believe for the first time ever, and again, I am relatively new, six years at DOE. We now have established Department-wide project success metrics. My office has become the central repository for all of our project data and information. So my colleagues from NNSA and EM, they can do all the statistics they like, and they do. But at the end of the day we submit quarterly reports to GAO and OMB on the information that we retain, and we serve as the, if you will, the umpire on whether a project is meeting our project success standards and whether they are being delivered, and they are conforming to our new policy. Mr. Frelinghuysen. Now, is that substantially different than what was occurring before? Mr. Bosco. Sir, in the past there were standards measured by each program in NNSA. To my knowledge there was never an overarching, one departmental standard with an independent reviewer that would validate and hold all of that project information. And some of the other improvements we have made in that regard, we have a much more robust project assessment and reporting system. What does that mean? That means that the project cost and the project schedule systems that our contractors use at their sites, and we have a process called earned value management system, for example, which is how we track variances on cost and schedule, we now have a system that every month they upload into a data warehouse. And so we are all looking at the same information that our contractors have at their sites at headquarters, and it allows us to drill down and take a look at specific control accounts to more readily identify problems. And I have people on my staff that do those reviews, as does Bob, as does Jack. So we do have a much more robust analysis from one central repository. Mr. Frelinghuysen. Before going to Ms. Kaptur, Mr. Surash, get your oar in the water. Mr. Surash. I am also not happy with where we are at, sir. But I am confident we will do better as we go forward. Mr. Frelinghuysen. I want you to know we have heard that quite a lot here on this panel. I have been on this panel a long time. We are here because we want you to succeed. So tell me. Give me even more confidence than you are giving me at the moment here. Mr. Surash. So, the various ideas and reforms that you have heard about, for the projects and contracts underway, we are going to implement those ideas to the greatest extent we can. For salt waste processing, we are in kind of a cone of silence period here because we are in active negotiations with the contractor. But as a for instance, when we have had to rebaseline a project, in the past I do not feel we have done the proper job of doing an integrated project and contract change procedure. So what we are doing right now is we are working with the salt waste processing contractor; we are actually negotiating the overrun--how much more it is going to cost and how much longer it is going to take. That is step one. As that is being done in parallel, we are applying the procedures to it, and only then will we get to a new projected cost and schedule. So that is stuff we have not done as good of a job before. Mr. Frelinghuysen. Ms. Kaptur. Ms. Kaptur. Thank you, Mr. Chairman. Following on your excellent line of questioning, let me ask Mr. Bosco, Mr. Raines, and Mr. Surash, when you assumed your positions and you took a look at what you were expected to do, what were the worst examples you found that took your breath away in terms of cost overruns? And what did you say to yourself? Mr. Bosco. The biggest surprise I had, ma'am, when I came in was the monetary figures. They were in the billions. I was very surprised in my first project reviews where people would sit down across from me and propose to me, establishing projects that were in the multi-billions of dollars with decades of timeline. And so that was my biggest surprise. So one of the initiatives we have taken is to try to disaggregate large projects and make them more discreet, complete, and usable facilities within themselves to reduce the time horizons which by just doing that alone reduces risk. And it also allows us to establish much more clearly very discreet funding profiles. And so my biggest surprise was the size and how long the projects were and that we seemed to group many, many types of facilities together under the banner of one project. Ms. Kaptur. Do you think the problem was that we did not know what we were doing scientifically? Or technically we did not have the trained workforce? That the schedules for completion were unrealistic? The projects were ill-defined? As you look at the amounts of money that were projected to be spent, what is at the basis of the inaccurate estimates of cost? Do you think people who were put in charge just simply did not know how to handle the project? Mr. Bosco. Ma'am, I really cannot. I was not there when all of this occurred. I would only be speculating on what was sort of at the root cause of all of this. For me today, the root cause and the biggest challenge going forward is one of culture. We have all of the policy guidance reforms in place. The organizational framework in place. Now it is a matter of implementing. And as Bob alluded to, making changes to the culture to add in this more rigorous disciplined project management process. Ms. Kaptur. Unless you have actually been inside the culture, it is hard to understand what you really mean. If you were to say that to 100 people that I represent, nothing sticks to the wall of what you are saying to me. It is hard for me to express to them, okay, fine, so we have to change the culture. So what does that mean? Mr. Bosco. I think what most people would tell you is the history of the Department of Energy, rightfully so, when it stood up out of the Manhattan Project because of the secrecy and everything that evolved with that, there was a very strong reliance on our superstar contractors Bob alluded to. We have world-class contractors. So perhaps over time there has been an overreliance on our management and operating contractors. And over time sort of the federal expertise perhaps has eroded. And I think at this juncture we are trying to sort of swing the pendulum back to a more disciplined appropriate federal management and oversight. Ms. Kaptur. Before I turn to the other gentlemen for any comments they want to make, do you have incentives, or what types of incentives do you have for completing projects on time, or under budget, or even ahead of time while safeguarding worker safety? Mr. Bosco. So that gets actually to the recent Deputy Secretary policy memorandum. And I can only speak to contract actions going forward because obviously contracts that are in place today already have provisions that were negotiated many, many years ago. Going forward, some of the key provisions that we are going to be looking for, especially on a large capital asset project that goes over the course of many years. Today, we are providing interim fee payments when they reach interim milestones. Going forward, the Deputy Secretary has asked us to look at what is called provisional fee clauses, which basically says that at the end of the day if you do not deliver that finite project on budget, on cost, as we all agreed to, we have the ability to claw back that interim fee that you had been previously paid. Ms. Kaptur. Thank you very much. Mr. Raines, Mr. Surash, do you want to add anything to this? Mr. Raines. Yes, ma'am. So the question of what were the biggest surprises. I think I am going to rephrase it a little bit when I came into the NNSA. Several. First, we were very lax on requirements definition. The basis of a project is to understand what is the scope that you are going to buy because if we do not know exactly what we are going to buy, you can have the best estimating process in the world and the best management team in the world but the project continues to grow. So that is the first thing that we look at. How do we better define the requirement? The second thing is having a reliable cost database. I think that many people were relying on standard cost databases with some multiplying factors that we would use for saying, well, we have not done this work for 30 years and it is nuclear work and it is very, very difficult, but since we had not built them for 30 years, we just went in and we underestimated. Today, we have a broad universe of projects that we have a lot of detailed data on. I will speak a little bit as to how we are using that now. Third was poor change control. After we set a requirement, sometimes it will change. As soon as you change a requirement, the first thing the construction manager and a project manager should do is identify what do we think the cost and schedule impact for this new requirement is. Then the program manager will make a decision as to whether or not the business case supports doing that extra work or that work is not worth the value. And then finally, I think to expand on the culture part, it is really revisiting the provisions in our contracts. A FAR based contract is generally the most powerful contract that any construction contractor that works for us will use. There are provisions in there for duty to proceed, disputes clauses, et cetera, that the Department in the past has been reluctant to use. So even though some of these projects have been baselined a very long time ago, what the NNSA has done is we started to take a look and said even if it is a cost contract, the costs have to be reasonable. And if we have a very large overrun, as we have had on a couple of our projects, we have looked at the reasonableness of cost. And we have had bilateral negotiations with our contractors where they have agreed at our insistence to return costs to us because they did not perform as we expected. The fourth thing is fee. Besides having provisional fee, which we have included those in some of our contracts, if we believe that we have paid fee inappropriately because the contractor's data integrity led us to make a bad decision, our contract, in fact, gives us the ability to pull that fee back. That can be disputed but we have done that recently. And if we see more actions where that is happening, we will continue to do that. Ms. Kaptur. I like the rigor of the way that sounds. I hope that in the implementation phase it works out that way. I think we have probably gone overtime, so Mr. Surash, I will pick you up in the second round. Mr. Surash. Thank you, ma'am. Mr. Frelinghuysen. Mr. Simpson, I am the good cop. He is the bad cop, I think. Let's see what happens here. Mr. Simpson. Like the chairman, I have been on this Subcommittee for 10, 11, 12 years, something like that. We have had this hearing with the Department for 10, 11, 12 years, and it is always ``we will do better.'' And to tell you the truth, I do not understand what any of you said. I have a simple definition here of you come in or the Department comes in and wants to sell a project to Congress that we need to do. And we ask what is it going to cost and how long is it going to take? And it is estimated to be a billion dollars and take 20 years or 15 years or whatever to finish. And about two years later we are into $3 billion. And about two years after that we are into $6 billion. My definition of success is on time and on budget. Are we ever going to get to that point and stop holding these hearings about what we are doing wrong and how can we do better? I am not trying to be critical. I know you guys are trying to change the culture, that is going on out there with the contracting community. But I talk with a lot of people all over the country, contractors that deal with the Department of Defense, that deal with the Department of Energy and everybody else. I get more criticisms of dealing with the Department of Energy. There is more disconnect between contractors and the Department of Energy than any other department I have ever seen. Oftentimes I hear them say things like if they would just get the Department of Energy out of the way we could do our job and get this done. So I guess I am just about as frustrated as you can be because obviously when we run billions of dollars over our estimated cost we have no way of being able to project what our budget is going to be for future years. I do not know that I have an answer in there or a question in there, but it is just frustrating for everybody that has been on this Committee for any period of time. And I look forward to getting you off the High Risk list. Mr. Bosco. The High-Risk List. Mr. Simpson. Tell me, exactly what does being on the high- risk list mean? It is not a good thing I would assume. Mr. Bosco. Sir, the high-risk, and I know GAO is behind me and I am sure they will correct me perhaps at the second panel, but my understanding is if there is a potential for fraud, waste, abuse, or mismanagement. I believe we fall into that last category since we have never been able to definitize or actually show any fraud and abuse. Arguably, there is some mismanagement. So that is what I believe being on the high-risk means. Mr. Simpson. I suspect there has been waste. When we started the Waste Treatment Plant in Hanford, I believe that it was 10 percent engineered when they started construction of this. And I remember Mr. Hobson, chairman of the Committee then just went berserk. And consequently, we got to where it has to be 90 percent engineered now before you start construction. I also understand changes in mission and mission creep and all that kind of thing. I also understand that these are complex systems that are being built for the first time ever. If we go out and build a dam with the Army Corps of Engineers, we can pretty much tell you what a dam is going to cost because we built a whole lot of them. We have not built many waste treatment plants. And that is going to add some uncertainty to it. Our frustration is the uncertainty between a billion dollars and $6 billion. I can flip a coin and come closer than that. That is what is frustrating for this Committee and that is why we hope that we can get a handle on this. And if we do not, it is going to be very difficult to get funding for a lot of these projects that are critically important to the future of this country. Mr. Bosco. Sir, so to that point, the biggest frustration, and I will speak for Bob and for Jack, our biggest frustration and disappointment is the largest projects are ones that predate us and they will continue for the better part of the next decade. And they will always be known as those projects with massive cost overruns and massive schedule delay. We would ask that you judge us on our most recent large capital asset projects coming out of the chute today. So I will put Mr. Raines on the spot, but he will soon baseline and make a commitment to the Hill on the Uranium Processing Facility. And so the exact specific point estimate and number he will commit to is what we will deliver to. And we will use our new project management reforms to sort of give you that number and to give you that schedule. As we rebaseline these largest projects, WTP, Salt Waste, MOX, we will implement and put in our new reforms. But again, when compared to the original number, the original baseline, it will be very hard to make a very complimentary statement on any of those projects. Mr. Raines. Mr. Simpson---- Mr. Simpson. Move your microphone up a little bit so we can hear you better, please. Mr. Raines. I agree that what the goal is, delivering on budget and on schedule. That is also the Administrator's goal. It is what our stated goal is to all of our contractors. And in fact, when we say we want to deliver on time and on budget, it is not the TPC, the total project cost which includes some contingency that the government puts in, but we expect them to deliver on the contract deal that we make with them. And those contingencies should only be used as a last resort. So that is the first point I want to make sure. We are absolutely in alignment. Secondly, there is some good news. I am going to give you just three projects that we are working on. Mr. Frelinghuysen. Would you yield? Are you committing to the baseline that he suggested you are going to? Mr. Raines. I will get to that when we do a baseline. But we have three projects today. The Radiological Equipment Installation Project at LANL, a $199 million project that is scheduled to be completed on budget. We have the High Explosive Pressing Facility Project at Pantex, a $145 million project that is 50 percent construction completed, and we are delivering that project at about $20 million under budget today. And then we have baselined our first hazard category 1 Nuclear Project, the TRU Waste Facility at LANL using these new procedures, understanding what the costs were to baseline that work, and so we will be able to monitor that. On the Uranium Processing Facility, one of the things I know that has caused concern is the cost increase that we have reported to the Committees, but the reason that we did that is that is an accurate, credible estimate as to where we are today. So as we looked and saw what it really started to cost us to build the Waste Treatment Plant, the Salt Waste Processing Facility, and the MOX Facility, we saw that the unit cost that we had reported back in 2007 were unachievable. We wanted to make sure that we let everybody know what the budget was because we agree that budget stability is very important. We cannot do our work either if we have to continually change our budgets to meet these cost growths. The Administrator knows it. The program officers know it. And so by having a credible estimate as early as we can to target to, we think we will do a much better job. Mr. Surash. Sir, on the Salt Waste Processing Facility, that was rebaselined over four years ago, at one point $1.3 billion and a completion in 2015. And unfortunately, what has happened there is really the prime contractor had problems getting subcontractors to provide the process vessels. In fact, they had to terminate the first subcontractor, recompete, and get a second subcontractor. Ms. Kaptur. Excuse me. Would the gentleman yield? Would the gentleman yield on that point? Mr. Simpson. Sure. Ms. Kaptur. When you say the first contractor could not do the job, was the problem a scientific problem? What was the nature of the problem? Mr. Surash. Thank you, ma'am. I think this is kind of a sign of the state of the nuclear supply chain in this country. Mr. Frelinghuysen. Maybe it was a sign of the Department not knowing what is going on. Mr. Surash. The requirements, the technical requirements, were not changed in this situation. The prime contractor, we thought, did an adequate job of finding a qualified subcontractor, and put him under contract. Unfortunately, they did not make sufficient progress. They did then recompete, and get a second subcontractor. They ended up producing the vessels with great quality. Thus far there are no known issues, but at the end of the day that caused a two-year slip in the project. And that is really the single issue, the root issue that we are dealing with today. The design on that project was sufficiently matured. The technology was matured. A pilot plant was in operation, so some of the good ideas I think you have heard here today were actually done on that project, but very unfortunately it was a subcontractor's failure to be able to produce these vessels. Very large vessels, as big as this room, about 10 of them that caused this project to have a price increase and a schedule increase. Mr. Simpson. Back to the other part of my question, and I hear this all the time from contractors all across the country. What they generally tell me is they do not want to work for DOE anymore because they said it is just a government maze there. I hear that from subcontractors. Obviously, some of them probably are not qualified to do it. What about that relationship between contractors, subcontractors, and DOE? Mr. Surash. Let me, if I could, sir. We have been using environmental management contracts more similar to the Department of Defense for a number of years now so that we are not using the management and operations contract for the most part. Salt Waste Processing and WTP are normal federal acquisition regulation contracts. We have always obtained lots of competition in the market when we have gone out, so there are big name companies that come forward. We had competition in 2000 on WTP. We had competition in 2002 on salt waste. So one of the things that we are doing after we get a contract in place is we are using a partnering kind of issue that really the Corps of Engineers started many, many years ago. So we are trying to strengthen the relationship at the site between the site manager and the president or project manager of that contractor. We are just after alignment, trying to bring forward or identify problems earlier, and have everybody agree that we are going to solve things at the lowest accountable level. And we are seeing some good results on that. The Salt Waste Project just recently put in place this partnering effort within the last couple of months. And we are starting to see good things on that. Mr. Simpson. Well, these things need to be discussed and you need to know where we are coming from from an appropriations perspective. So I appreciate it. Mr. Frelinghuysen. Thank you, Mr. Simpson. Mr. Nunnelee, thank you for your patience. Thank you for yesterday as well. Mr. Nunnelee. Thank you, Mr. Chairman. Well, I am glad to be back in this seat and not in yours. You have reported that some of your challenges are finding qualified, skilled labor to actually do some of these construction projects. In fact, in some cases you have said you have had to build that from the ground up, including entering into partnerships to help train unskilled laborers. And then you have said a problem is that either they do not finish or if they do finish with the training, then they leave to go somewhere else after we have helped train them. And I guess I am fascinated because my son is in the Navy and his job with the Navy is to do well in dental school. And when he finishes, while he is active duty Navy today, he will go on assignment and fulfill that obligation. Can we not do something with these folks we are training--similar to what Navy is doing with my son, saying that, okay, we are going to help train you, give you a skill, and then you owe us so many years after the fact? Mr. Raines. Well, sir, on the craft labor, which I think is the part that you are talking about, we are really not seeing a large exodus of craft labor from the projects. The kind of work that we are doing, it is the same skills that they would do for commercial construction but because the quality standards are higher, they have more training. For example, all welds are radiographed. And so a standard welder, you can have some flaws. You cannot have flaws in ours, so we have to set up a training program for the welders to be qualified so there will not be any rework. Once we train those folks, we generally are not losing them. Now, we have lost the senior engineers, and we are working with our contractors to put into place retention programs where if they stay on the job for a period of time they would get a bonus at the end. And so because they are already trained, unlike in the Navy where you are trading the time for the skill set, since these people are already qualified, they are degreed engineers, what we are doing is we are incentivizing them to stay on the project. So those are some of the things that we have in place. Mr. Surash. Sir, at the Office of Environmental Management, this is something that our prime contractors definitely must pay attention to. I do not want to sit here and say it is easy, but they do have to pay attention. There are some issues, as Bob was mentioning, with respect to the nuclear quality standards, that need to be dealt with, but this does not seem to be one of the prime drivers for some of the overruns we are seeing, but it is something that requires continual attention due to the nature of the work. Mr. Bosco. Sir, and I am in the project management policy business at the Department of Energy, but I can share one concern I think we all have because we have not been in the nuclear construction business for so many years, as we do have people, craftspeople on our jobs and as new commercial nuclear reactors start getting built, dependent on the market, we do have concerns that some of our people that effectively we have trained on our jobs could migrate over and move to some of those projects. Mr. Nunnelee. The question is not so much losing these people after you get them trained. You have to be licensed in welding for nuclear projects; right? Mr. Raines. Yes, sir. Different certifications. Yes, sir. Mr. Nunnelee. The question in the future is are we going to have enough of these people? So it is not losing them; it is trying to get them. Mr. Raines. I think in essence we are creating a large part of the industrial base for these kinds of projects. So we were the first out of the ground with many of this work. There were some commercial projects that are being built today, and so we are providing that trained workforce that will be able to go there. I know in Oak Ridge, for example, we are trying to work with the local colleges, the community colleges, to see how can we, in fact, encourage them to have associates' degrees to do this kind of work because the UPF project, once we baseline that job about a year from now, it is a job that will span for 7 to 10 years. And so if we do that, we can show people that if you will get trained in these skill sets, that there is a job in a local community available for you. Mr. Frelinghuysen. Will the gentleman yield? So you say it is not a problem, losing people? Mr. Raines. I will say that the retention portion right now is not a problem. Training the people initially to get to the standard was more costly than we had anticipated. Mr. Frelinghuysen. Thank the gentleman for yielding. Mr. Nunnelee. Thank you. I yield back, sir. Mr. Frelinghuysen. Mr. Fleischmann, Oak Ridge has been invoked. Mr. Fleischmann. Indeed. Mr. Frelinghuysen. We warmed up the room for your arrival. Mr. Fleischmann. Thank you, Mr. Chairman. Mr. Frelinghuysen. I am very pleased to recognize you. Mr. Fleischmann. Thank you, sir. Good morning, gentlemen. I have a few questions. As our chairman has said, I represent the Third District of Tennessee, which includes all of Oak Ridge. Mr. Raines, there seems to be some question, sir, as to whether or not the UPF construction will be split off from the Y12 Pantex M&O contract. Can you kindly clarify that situation, please, sir? Mr. Raines. Sir, I really cannot discuss too much because that is a contract action that is under protest. But what has been reported in the press is that the offeror that we selected was going to do not only the management and operations but was also going to do the construction. So we did award both contract line items to the successful offeror. Mr. Fleischmann. Thank you. Now, I realize you have the MOX in South Carolina and you have a project I believe out in Idaho. You have got four or five major projects. One of the biggest challenges in meeting the cost estimates for many of these major construction projects seems to be that they are one-of-a-kind facilities. You have never built a UPF before with technical requirements that have never been built. Can you briefly describe some of the technological challenges faced when building these facilities? And then a follow-up question, is there any guidance that you use while preparing to ensure that the equipment and processes are sufficiently mature before you set a baseline? Mr. Raines. Yes, sir. Although these are all first of a kind, there are a lot of similarities in things that we can get good cost data on. So, for example, all of the major projects, the ones that Jack is constructing and the ones that we are constructing, are all NQA-1 type projects. They are all HazCat 1 nuclear facilities. They all have to meet specific seismic concerns that we would either work with the Defense Board or the NRC. And so we now have a much better understanding of what it takes to satisfy all of those requirements. I think more importantly what we have is a basis for work actually being constructed. So it is not just taking numbers out of a book; it is really understanding what is it that our craft can do and what is it that a supplier-base can do? Again, that was one of the reasons why we revised the top-end of the range for the UPF project up based on this experience. Technology readiness is extremely important. We design the facility based around specific technology. So, for example, for the 9212 portion of UPF there are seven technologies that are new to us. There are technology level ratings that go from 1 to 9. In accordance with our orders, we have to be at a minimum of technology readiness level 6 before we baseline. For those seven technologies, five of those are already at 6 or 7; two are below 6, and we believe that we will have those at 6 in the next several months. And so we will make sure, just as the design needs to be fully matured, that the technology will be matured. That is a lesson learned. One of the things people have asked us is we want to get started. We want to get started. What our goal is is to finish on schedule. And what we have learned is that if you take the time upfront, you will not get the schedule growth, and in our business, time is, in fact, money. And so we would rather delay the start to make sure that what we are building can be built in accordance with that original plan. Mr. Fleischmann. So we are talking about not only the 90 percent complete design before you break ground but you are also talking about getting to a technological place where you all feel comfortable? Mr. Raines. Yes, sir. Mr. Fleischmann. Okay. And you do think you can get there on the technology side? Mr. Raines. Yes, sir. Mr. Fleischmann. Okay. Quick follow-up question. Sequestration will obviously cause difficulties for virtually all DOE programs, and construction is probably going to be impaired as well. How does DOE plan to handle construction projects in this environment? And will the Department prioritize certain projects over others? And what will the Department's policy be for deciding which projects are given priority? Mr. Surash. I will go first, sir. For environmental management we have two construction projects--the Waste Treatment Plant and Salt Waste Processing Facility Project. We are analyzing the impacts of sequestration. One issue that has come up is that the Waste Treatment Plant has two control accounts and we may have an imbalance there. And we are looking at a reprogramming action to put the funds in the correct place. Mr. Raines. So I cannot speak to the fiscal year 2014 budget, but for the work that we have ongoing today, we took a look at all of the work that we had. And luckily, right now the project that we have ongoing, we do not believe that sequestration will have a very negative impact. As always, what it does is it increases risk because we have contingency on the projects that right now will go to the sequestration. And so if those risks that we have on the project do materialize, then it could have an adverse effect in the future. Mr. Fleischmann. Thank you, Mr. Chairman. I yield back. Mr. Raines. And one also thing, sir. One of my colleagues in the back did want me to make sure that I was absolutely precise on the UPF. So the way that the CLIN was lined up was for the construction management. And so I know sometimes people might, you know, so even I confuse it. The CLIN was for construction management, and that is what was, in fact, awarded. Mr. Fleischmann. Thank you. Mr. Frelinghuysen. Thank you, Mr. Fleischmann. So is there a baseline in the offing? Mr. Raines. We believe that we will baseline UPF approximately one year from now, once we are at 90 percent design and as I mentioned, the technology readiness levels meet the criteria for a credible baseline. Mr. Frelinghuysen. I just want to make a few general comments about large projects versus small projects. You have noted obviously some success in small projects, but not all small projects have been successful. Mr. Raines. That is correct. Mr. Frelinghuysen. Some have been less than successful. Right? Mr. Raines. That is correct. Mr. Frelinghuysen. The issue here is this enterprise has certain objectives and priorities. And of course, these big projects are enormously expensive. And maybe the small projects can be expendable. That would be unhappy for any installation or laboratory or part of the country. But the big projects are part of our mission here. The nuclear stockpile. That is where the real money is, where the real priority is. You know that all too well. I just want to touch back into where I know Mr. Raines made some comments about withholding fees. That is a hammer, right? Mr. Raines. Yes, sir. Mr. Frelinghuysen. Have you exercised it? You have that authority. I know you are, to some extent all of you, futurists. You are looking towards the future in a positive way but there are existing contracts. And as complex as they may be, and certainly with the larger projects as they are and they are expensive, there must be some ways to exercise some authority; right? Can you talk a little bit about that? Whether that has been done to you? Mr. Raines. Yes, sir. Mr. Frelinghuysen. Mr. Raines, if you could. And Mr. Surash, what have you done? Mr. Raines. I would like to talk about four quick projects that we have held fees on, some of which I think we have mentioned today. The first one is MOX. As we saw that the cost was increasing on MOX, starting in fiscal year 2011, the contractor earned zero percent of their incentive fee in 2011 and 2012. That was a $30 million fee withhold. Overall, there were some award fee pieces of their work. So when we take incentive fee and award fee---- Mr. Frelinghuysen. Was any money paid out? Mr. Raines. Yes. Some money was paid out. So overall, we paid 29 percent of the fee that was available in fiscal year 2011, and 19 percent of the fee in fiscal year 2012. The reason is that there are some things that the contractor is doing exceptionally well. For example, I mentioned the NRC. So one of the things that is very important that we want to incentivize because it lowers the ultimate cost of the project is quality. If we have to do rework it will cost us more money on a cost contract and it will push the schedule. So we wanted to make sure that we still had incentives for things that were still important to the Department. On the Uranium Processing Facility, as you are quite aware, we did not deliver the 90 percent design on schedule this year. We paid zero fee for that. So the UPF contractor for the effort on UPF earned less than 10 percent of the available fee this year. This is something that we have not done in the past. Mr. Frelinghuysen. Why not? Have you had the authority to do it? Mr. Raines. I do not know why. I do not know why we have not done it in the past but our contractors are taking notice. And so now they are more focused on understanding what our expectations are. On the NNSA project---- Mr. Simpson. Will the gentleman yield? Mr. Frelinghuysen. Yes, sir. Mr. Simpson. When you say they were paid 10 percent and 90 percent was withheld, is that 90 percent foregone or is it just 90 percent that will be paid later on? Mr. Raines. That 90 percent is foregone forever, sir. Mr. Simpson. Okay. Mr. Frelinghuysen. And just tell me, if you keep the money, what happens to it? Why should it not be returned, reinvested, or maybe returned to the taxpayer? Mr. Raines. Yes, sir. Well, because these are cost contracts, what we do is we reinvest that into the overrun. So if the money came off of the project---- Mr. Frelinghuysen. We reinvest into the overrun. What does that actually mean? We are legitimizing something? An overrun means that somebody was involved in poor planning to some extent. Is that---- Mr. Raines. Yes, sir. Well, I guess the way to explain it is if I said a project was supposed to cost $100 million and my contractor overran by 5 and I had $5 million of fee available, I would take the $5 million of fee back. So I still had $100 million asset with which to complete the work. And so I delivered the project at the original budget that we submitted in our data sheet. It is just that the contractor did not earn any fee. So that is what I mean when I say reinvest. Mr. Frelinghuysen. The crux of the matter here is that we have certain people in the driver's seat here at the DOE who are supposed to be managing this remarkable enterprise. And it apparently at times people have not measured up. Obviously, you are in the position--you are saying we are measuring up these days. Yes, Mr. Surash, jump in. Mr. Surash. Thank you, sir. Mr. Frelinghuysen. Talk about this whole issue of fees here. Mr. Surash. Yes, sir. A couple things. First of all, in the Office of Environmental Management, the fee determinations are made by our fee determination officials who are typically our site managers. We have a process that requires a peer review back at headquarters. And that has just been going on for a couple of years. So let me give---- Mr. Frelinghuysen. Headquarters back where? Back here in Washington? Mr. Surash. My office, sir. Mr. Frelinghuysen. Oh, your office. Mr. Surash. Yes, sir. And that is not something we were doing three or four years ago. So let me give you a quick example on the Salt Waste Processing Facility Project. Several years ago when we restructured that contract, we had fee-for-schedule accomplishment and fee-for-cost accomplishment. But we had a capping provision where if the contractor exceeded a certain cost cap, and in this case I think it was about $1.1 billion, they would forfeit all fee for the entire construction. Mr. Frelinghuysen. That is a pretty high number, right? Mr. Surash. It was within our baseline amount, sir. At that time the project---- Mr. Frelinghuysen. The baseline at that time. Mr. Surash. Yes, sir. Mr. Frelinghuysen. Has the baseline been rejiggered or what? Mr. Surash. In 2008. Yes, sir. It was increased. Mr. Frelinghuysen. Okay. Mr. Surash. So this was on the second baseline, sir. So the project was at $1.3 billion. The contractor at about $1.1 billion. The provision we had in our contract was if they were to breach that amount, they would forfeit all fee for the entire construction project. Mr. Frelinghuysen. Are we talking about a specific project here? Mr. Surash. Salt Waste Processing. Mr. Frelinghuysen. What about other projects? I am interested in where the GAO is coming from. Consistency here. Consistency, inconsistency? Mr. Surash. In thinking about our other major contracts, we have the clean-up contractor in Portsmouth, we have reduced their fee due to some safety concerns. Mr. Frelinghuysen. Is your behavior, is it consistent here? Mr. Surash. We are definitely holding our contractors accountable to what they are under contract for. It is very clear what the contract says. And we are doing our best to hold them accountable. Mr. Frelinghuysen. Well, to Mr. Raines, the GAO had something to say about you, did it not? NNSA for overriding the award of incentive fees to Los Alamos this year and Lawrence Livermomre. Was there some issue there? Mr. Raines. I believe that their discussion was not about overriding incentive fees. It was about giving an award term. And so we---- Mr. Frelinghuysen. Giving a? Mr. Raines. An award term. So the incentive fee and the award fee recommendations were taken. And in fact, were larger than initially proposed, the reductions. And the fee determining official decided that it was still in the best interest of the Department to award the award term. Mr. Frelinghuysen. Do you want to repeat that again? Mr. Raines. The fee determining official---- Mr. Frelinghuysen. Who is the fee determining official? Who is this person? Mr. Raines. It was Acting Administrator Miller. Mr. Frelinghuysen. Okay. Okay. Who has testified before the Committee for the Critical Decisions Leadership. Okay. Ms. Kaptur. Ms. Kaptur. Thank you, Mr. Chairman. Mr. Surash, you stated in answer, in a dialogue with Congressman Simpson, that one of the reasons for delay was that in the vessels the subcontractor could not do it and there was a two-year delay associated with it and obviously with a two- year delay of cost. All right. How is it possible--that goes back to my question of is the problem scientific? Is the problem engineering? What was the problem there? If we just look at that one little keyhole on why this project has had such overruns, what happened? Mr. Surash. Ma'am, I think this concerns the state of the nuclear supply chain in this country. The prime contractor did an adequate job of attempting to find qualified subcontractors to fabricate and deliver the vessels. They awarded a subcontract, and, after a certain amount of time, this contractor was not making sufficient progress so they fired the subcontractor and went out and found a second subcontractor who eventually did a fine quality job. Ms. Kaptur. In this country? Mr. Surash. Yes, ma'am. I believe in Pennsylvania. But the sum total delay on this project from when the first subcontractor was supposed to deliver to when the vessels eventually arrived, very unfortunately, was two years. Ms. Kaptur. Was it that the first contractor could not handle the size of the vessel or the type of metal or composite or whatever it was? Mr. Surash. I would say it was inability to do the quality work in the timeframe that we needed it. The second subcontractor---- Ms. Kaptur. Why did it take the prime contractor two years to figure that out? Mr. Surash. It actually took a much shorter time because a lot of this was the fabrication time. But even the second contractor did not deliver to what they signed up to. So the good news is we got high quality vessels that are installed in the building today and everything looks very good. And the cost was okay. But the bad news part of that is even the second subcontractor was not able to provide timely delivery. And what we had to do on that project is essentially build the building around the missing vessels and actually crane them in through the roof. So the prime contractor and the construction manager did the best job they could to make up for this, but it ended up causing quite an increase and a delay. Ms. Kaptur. Could I ask each of you from the accounts that you look at, what is the worst project that is in the old category that started before you got there in terms of cost overruns? Mr. Bosco. I guess I do not think anyone is going to be surprised by my answer. That would have to be the Waste Treatment Plant. And that causes me the most concern because we still have to wrestle with outstanding technical issues. MOX and Salt Waste, we have figured those out. We have got those technical issues figured out, but WTP, we have got to figure out those technical issues. And then the process is gain acceptance of those technical issues with our external stakeholders to include DNFSB, incorporate those into new designs, cost those out, establish a new baseline. So I am most concerned with WTP. Ms. Kaptur. Is that scientific in nature? Mr. Bosco. I think the current problem has some scientific nature because it really gets to fluid mechanics. And so in that regard I think Secretary Chu is taking the exact right position to insert some of our best and brightest in those fields to help figure this technical issue out. Ms. Kaptur. What is the total cost overrun at this point? Mr. Bosco. I wish I could answer that. I just will not know until we understand the technical issue and then the redesigns that will be required. Ms. Kaptur. But based on the original budget submission versus the current budget submission, what is the difference? Just subtract the current from the past. Mr. Bosco. Yes. So from my official records the project, and there will be others that will go back even further, it was baselined in 2003 at $5.7 billion. We are currently with a baseline change at effectively $12.3 billion, which was baselined in December 2006. The number I am unable to provide at this time is what will it cost. And that is what is still being-- Mr. Frelinghuysen. Will the gentlewoman yield? Ms. Kaptur. I will. Mr. Frelinghuysen. When would we anticipate the number? Mr. Bosco. I will defer to my colleagues from EM. They are still putting together, and working with the secretary on the technical issues. Mr. Surash. Sir, I cannot project an exact date. We need to let the technical review complete so that we understand and mature the technology and mature the design. We want to follow some of the steps that you have been hearing about because we cannot be trying to construct a facility with the design still changing. Mr. Frelinghuysen. We did plenty of that before. We do not want to do that again. Mr. Surash. Yes, sir. Absolutely. Mr. Frelinghuysen. But it is in the offings, some sort of a number? Mr. Surash. I am not able to give you a projection, sir, at this time, but we want to get the technology resolved. Mr. Frelinghuysen. Ms. Kaptur. Ms. Kaptur. Thank you, Mr. Chairman. I just wanted to say that is such an extraordinary change from where it started to where it is today and where it might go. Having served on the NASA Subcommittee for many years and understanding the difficulty of an agency, it sounds to me like the cost overrun here or underestimate will equal NASA's annual budget. That is just an extraordinary figure. And I think it would behoove all of us to go back and deconstruct at every point what happened in terms of the estimates. And, you know, Mr. Chairman, I am not a nuclear scientist, but maybe we are trying to do something here we do not know how to do and we are spending a lot of money. If it is a research project, let us call it a research project. But to put product in the ground with these kind of cost overruns, looking at everything else in this budget that we have to cut, having this open-ended bleeding wound out there that just keeps taking more and more of our allocation in this Subcommittee is very, very troubling to me. I have to be very straightforward and state that. And I wonder if you could provide for the record--maybe you already have and I just do not have it in my notebook--but for the Waste Treatment Plant, the MOX facility, and the Salt Water Processing, the baseline originally, and then what happened in every year, how much it kept getting kicked up. And could you provide for the record the main contractors on those projects, please? Mr. Bosco. We can. Mr. Surash. Yes, ma'am. And ma'am, may---- Mr. Frelinghuysen. Jump in. Mr. Surash. I just, and we will be providing this for the record, but I just want to say at this time there is also a scope increase between the one baseline that Paul mentioned and the 12.3. So we will provide that for the record. So we are not comparing a plant with the same capacity at the 4, the 5, and the 12.3. There is an increase in what it will be able to accomplish. But we will provide more details for the record, ma'am. Ms. Kaptur. Well, at this point I do not even believe it can accomplish what the testimony says it might with that kind of cost overrun. Scientifically, I am not assured. So maybe others are but I am not very confident at this point. Thank you very much. Mr. Frelinghuysen. Okay, thank you, Ms. Kaptur. Mr. Nunnelee, let us get a last question for this round and then we have the next panel. Mr. Nunnelee. Mr. Nunnelee. Thank you, Mr. Chairman. I am just interested in your planning for sequestration, particularly the six months leading up to sequestration. When did you start planning for it? How did you go about making the decisions and what criteria did you use for those decisions? Mr. Surash. I will give it the first try. Sir, the sequestration was pretty mechanical because there was, you know, for us in the Office of Environmental Management we have 32 control accounts. Our budget is across 32 different control accounts, and sequestration, as you are aware, was a mechanical reduction in each of those control accounts. So we were obviously looking at those control accounts and what the impacts would be. And for instance, for the Waste Treatment Plant there are two control accounts involved there. We know we have an imbalance and that will require a reprogramming. And we are going to be bringing that forward, sir. Mr. Raines. So for us in the NNSA, we saw that sequestration might occur. Every month I review how our projects are performing. Do we have contingencies left on those projects and are they underrunning or do we need all the money that is available? So we put together a portfolio of all of our active projects and saw where we might be able to have an asset. And I checked with the CFO staff to see if the anomaly that we had in the continuing resolution would allow us to shift money from projects that were underrunning to projects that might take a cut that would cause us to increase the cost. And so that was the planning effort that we took into account, sir. Mr. Bosco. Sir, and I had no direct play as an oversight function in the Department. Mr. Nunnelee. Thank you. Mr. Frelinghuysen. Thank you, Mr. Nunnelee. Gentlemen, thank you very much for your testimony this morning. I appreciate your work and we encourage you to work even harder to achieve your objectives. We appreciate it. Lots of milestones to reach here. We appreciate your work. Thanks. Mr. Bosco. Thank you. Mr. Raines. Thank you. Mr. Surash. Thank you, Mr. Chairman. Mr. Frelinghuysen. Well, gentlemen, good morning. Mr. Trimble. Good morning. Mr. Frelinghuysen. Take your seats. I was watching you very closely to see you shifting in your seats as the other panel responded to our questions. I know you wanted to lean over and volunteer some of your own perspectives and now you are going to have a chance to do that. Let me briefly reintroduce our guests and thank you all for coming. Mr. David Trimble, director of Natural Resources and Environment for the Government Accountability Office. Welcome. Nice to see you again. Mr. Trimble. Thank you. Mr. Frelinghuysen. Mr. Mike Ferguson, chief cost engineering, Huntington District, U.S. Army Corps of Engineers. Mr. William Eckroade, Principal Deputy Chief, Office of Health, Safety, and Security is where? He must be on some sort of a security assignment we are unaware of here. I do not know. It has fallen by the wayside. Mr. Trimble, I guess you are first out of the box. Thank you very much for being here. Mr. Trimble. Mr. Chairman, Ranking Member Kaptur, and members of the Subcommittee. Thank you for the opportunity to speak with you today. Mr. Frelinghuysen. Move that mic up a little closer. Thanks. Mr. Trimble. My testimony will focus on DOE's efforts to improve contract and project management and preliminary observations from our ongoing review of NNSA's Plutonium Disposition Program, including the ongoing construction of MOX and its sister facility, the Waste Solidification Building (WSB). Since 2009, DOE has taken a number of steps to improve its management of major projects, including: updating its program and project management policies and guidance; requiring peer reviews and independent cost estimates for projects over $100 million, and requiring design work for NNSA projects to be 90 percent complete before construction. In 2012, we issued two reports examining EM and NNSA non- major projects, those costing less than $750 million. Our work found evidence that DOE's reform efforts were beginning to improve the management of non-major construction projects. In 2013, noting these improvements and the continued commitment of DOE's senior leadership, we narrowed the focus of our high-risk designation to major contracts and projects. While DOE's actions to improve project management are promising, their impact on meeting cost and schedule targets for major projects is not yet clear. All of DOE's ongoing major projects began before these recent reforms were instituted and these projects continue to experience significant cost increases and schedule delays. WTP has tripled in cost to $13.4 billion with a decade added to its schedule. UPF costs have increased sevenfold to $6.5 billion with 11 years added to the schedule. CMR costs have increased nearly sixfold up to $5.8 billion with a total delay counting the deferral announced last year up to 12 years. Our ongoing review of MOX and WSB has found similar problems, and highlights the need for continued efforts by DOE to improve contract and project management. The contractor for the MOX facility currently estimates the cost will increase from $4.9 to $7.7 billion with a three-year delay in the start of operations. With regard to WSB, DOE recently approved a revised project baseline to increase the cost from $345 million to $414 million with a two-year delay in the start of operations. I should note that WSB is a non-major project and illustrates why our 2013 high-risk update stated that though we have shifted our focus to major projects, we will continue to monitor non-major projects to ensure that progress is sustained. As this Committee requested, we are currently examining what factors drove these cost increases. Preliminary observations from our work include the following: One of the primary reasons for the cost increase at MOX is reportedly due to inadequately designed critical system components, such as glove boxes used for handling plutonium. The contract baseline for MOX predates NNSA's 2012 guidance to set baselines only after design work is 90 percent complete. As part of our ongoing work, we are evaluating the potential impact this guidance might have had on mitigating these cost increases and scheduled delays. According to NNSA, the MOX project misjudged the ability of the industry to deliver nuclear-quality components to meet the project schedule. Under the terms of the MOX contract, the contractor was required to submit market reports to identify whether the availability of labor, materials, and equipment might affect this cost or schedule. As part of our ongoing work, we plan to examine the extent to which the contractor or DOE assessed market conditions. Our ongoing review will also examine the cost and schedule implications of the decision to expand the scope of the contract to include capability previously planned for the canceled pit Disassembly and Conversion Facility. In 2011 and 2012, NNSA peer reviews of MOX and WSB identified concerns regarding installation rates for equipment and recommended that realistic installation rates be included in the cost estimate. We are examining the extent to which any actions were taken in response to these reviews. And finally, NNSA developed the lifecycle cost estimate for the entire Plutonium Disposition Program, but it has never been reviewed by an outside entity. We plan to examine this estimate and the steps NNSA is taking to validate it. In closing, let me note that the recurring nature of these problems resembles DOE's longstanding difficulty in sustaining security reforms and integrating security as part of its core mission. And like security, the culture of the agency seems to play a role. So in looking at why more progress has not been made, it is important to focus on both actions taken and actions not taken that seem to undermine the agency's efforts to reshape its culture. For example, DOE rescinded its cost estimating policy in the 1990s and it has never been replaced. In 2010, DOE accepted the importance of independent cost estimates but then required them for only one of three critical decision points. Each of these decisions was both a product of the agency's culture but also an event which helped to sustain that same culture. To change the current equation, DOE must ensure that all, not just some of its decisions, send a clear message on the importance of its reform efforts. Thank you, and I would be happy to answer any questions. [The information follows:] [GRAPHIC] [TIFF OMITTED] T7779A.124 [GRAPHIC] [TIFF OMITTED] T7779A.125 [GRAPHIC] [TIFF OMITTED] T7779A.126 [GRAPHIC] [TIFF OMITTED] T7779A.127 [GRAPHIC] [TIFF OMITTED] T7779A.128 [GRAPHIC] [TIFF OMITTED] T7779A.129 [GRAPHIC] [TIFF OMITTED] T7779A.130 [GRAPHIC] [TIFF OMITTED] T7779A.131 [GRAPHIC] [TIFF OMITTED] T7779A.132 [GRAPHIC] [TIFF OMITTED] T7779A.133 [GRAPHIC] [TIFF OMITTED] T7779A.134 [GRAPHIC] [TIFF OMITTED] T7779A.135 [GRAPHIC] [TIFF OMITTED] T7779A.136 Mr. Frelinghuysen. Thank you, Mr. Trimble. Mr. Ferguson, good morning. Thank you for being here. Mr. Ferguson. Mr. Chairman and distinguished members of the Subcommittee, I am honored to be here testifying before the Subcommittee today on behalf of the U.S. Army Corps of Engineers regarding interagency support provided to the Department of Energy. My name is Mike Ferguson. I am chief of the Cost and Technical Support Branch in the Huntington District. Also with me is James Dalton, the chief of the Engineering and Construction Division at Corps Headquarters. The Corps has historically provided cost engineering support to DOE through interagency agreements. Such support includes independent cost estimates, schedules, risk analysis, cost estimate reviews, assessments, validations, and project controls. Key interagency support efforts that the Corps has provided to EM are the Best-in-Class Project and Contract Management Initiative, the Project Management Partnership, and detailed staffing plan for the four EM capital construction projects. Support for NNSA includes independent cost estimate for the Uranium Process Facility Project, and current support for APM includes independent cost estimate development for the MOX Oxide Fuel Fabrication Facility and the Salt Waste Processing Facility Project. The Y-12 Project Management Team Site Assessment Office requested the Corps of Engineers prepare an independent cost estimate for the Uranium Process Facility in November 2009. The purpose was to assist the Uranium Process Facility's federal management team to determine the reasonableness of the management and operating M&O contractor's cost estimate schedule for the project. The Uranium Process independent cost estimate results were $7.386 billion and a completion date of March 2026. In the fall of 2010, the Corps performed a reconciliation of our estimate to the M&O contractor's estimate for the UPF project as requested by NNSA in order to understand where the two differed and why. The variation was approximately 27 percent and was driven by differences in estimating methodology, assumptions, and approach. In February 2011, the Corps updated the estimate per the findings of the reconciliation where it deemed appropriate. The updated estimate was then fit to a constrained funding profile provided by DOE in August of 2011, which resulted in a total cost of $10.746 billion and a project completion in April of 2035 at the 85 percent confidence level. In April 2012, APM tasked the Corps to develop a rough order of magnitude estimate for the accelerated construction of the Uranium Process Facility Project to support DOE's CD-1 reaffirmation process. The Corps updated the revised uranium process base estimate from the February 2011 for the 9212 building capabilities deferred for a total cost of $5.581 billion and a completion in May of 2027. In February of 2007, the EM requested interagency support for the Corps of Engineers aimed at developing Best-in-Class project and contract management capabilities for all EM sites. EM developed a five-phase approach to accomplish this goal with support from the Corps. Phase 2 of this assessment of 16 EM sites was performed in 2007 and evaluated the strengths and weaknesses in 12 key project management capabilities and three contract management benchmarks. In October 2009, the Corps and EM transitioned from the Initiative into the Project Management Partnership. Under the Project Management Partnership, the Corps has continued to support EM. Per EM's request, the Corps has provided in-house construction and project management expertise and awarded two engineering and construction management AE support contracts. Working under the partnership with EM in May 2010, the Corps was requested to develop results-driven, activity-based detailed staffing estimate for four capital construction projects. These estimates specifically function position types, composition, and number of staff required for the management and oversight of the following four EM projects: the Waste Treatment Plant at Hanford, Washington; Salt Waste Process Facility at Aiken, South Carolina; Uranium-233 Downblend Project in Oak Ridge, Tennessee; and the Eastern Tennessee Technology Park in Oak Ridge, Tennessee. The results of this detailed staffing estimate for these projects were developed to be reasonable, traceable, credible, defensible, and support DOE-EM Human Capital Management Plan. In closing, I would like to thank our partners and the Department of Energy for requesting and utilizing interagency support from the Corps. The Corps appreciates the opportunity to serve the Department of Energy in support of the ongoing mission. Thank you, Mr. Chairman, and members of the Subcommittee. That concludes my statement. I will be happy to answer any questions. [The information follows:] [GRAPHIC] [TIFF OMITTED] T7779A.137 [GRAPHIC] [TIFF OMITTED] T7779A.138 [GRAPHIC] [TIFF OMITTED] T7779A.139 [GRAPHIC] [TIFF OMITTED] T7779A.140 [GRAPHIC] [TIFF OMITTED] T7779A.141 [GRAPHIC] [TIFF OMITTED] T7779A.142 [GRAPHIC] [TIFF OMITTED] T7779A.143 [GRAPHIC] [TIFF OMITTED] T7779A.144 [GRAPHIC] [TIFF OMITTED] T7779A.145 [GRAPHIC] [TIFF OMITTED] T7779A.146 Mr. Frelinghuysen. Thank you, Mr. Ferguson. Mr. Eckroade, welcome. Mr. Eckroade. Thank you. I would like to thank you for the opportunity to be here today to discuss the Office of Health, Safety, and Security or HSS's role in overseeing the Department's nuclear operations, including nuclear projects. HSS as a staff office reports directly to the Office of the Secretary, and on behalf of the Secretary we undertake policy development, technical assistance, training, independent oversight, and regulatory enforcement activities in the areas of safeguards and security, classification, occupational safety and health, and nuclear safety. In the Department, contractors design, build, and operate our nuclear facilities. DOE is the owner and safety regulator of these facilities and has a comprehensive set of regulations, policies, and technical standards that guide our contractors in these important duties. Effective oversight of contractor operations is an integral part of the Department's responsibilities as a self-regulatory agency. Essentially, it provides assurance to its leaders, to its workers, and to the public of a safety posture. DOE line organizations, such as NNSA and EM have the primary responsibility for ensuring existing nuclear facilities and new nuclear projects meet the Department's safety expectations. They oversee all aspects of the design, construction, ultimately approve the safety basis, and authorize the operations. HSS has an important complementary role in ensuring that safety is appropriately considered in facility design and construction and that operations during the life of the facility meet DOE safety requirements. Independent oversight of nuclear safety continues to be one of HSS's highest priorities. Reforms that were implemented in the Department beginning in 2010 and very much consistent with the recommendations from GAO on improving independent oversight of nuclear safety have indeed enhanced HSS's oversight of nuclear operations. Let me just go through a couple of the enhancements. One of the things that we did was increase the transparency of our regulatory process by making all oversight reports available online. We enhanced our nuclear safety capabilities through recruitment of senior-level technical staff. And we refocused our oversight in the area of safety on the highest risk nuclear facilities including projects. Our oversight of nuclear projects focused primarily on the safety basis and facility design, quality assurance, construction quality, and ensuring readiness for start-up and project turnover for operations. We prioritize oversight using a sampling strategy that considers facility hazards, the complexity of past project performance, and the status of design and construction. One area of particular focus I like to note is as directed by the Secretary, HSS performed a series of evaluations of safety culture at selected nuclear projects, first at the Waste Treatment and Immobilization Plant (WTP) in response to indicators of safety culture concerns and then to determine the extent of condition at the Department's other large projects, and even looked at safety culture at a few other areas in operations. We have learned much from these assessments and have a better understanding of how much work remains to establish a healthy safety culture. In essence, we recognize we are at the beginning of a very long journey. In response to reporting requirements established and promoted by the Subcommittee, last month we published our first annual independent oversight report. The report documents our strategies for conducting oversight, progress and transforming the organizations building the necessary skill sets, and summarized the many activities completed in 2012. We appreciate the Subcommittee's continued focus on the Department safety program, the safety of large, nuclear projects, and on HSS's independent oversight program. Mr. Frelinghuysen. Thank you, Mr. Eckroade. Mr. Trimble, front and center. Nobody wants to be on the High-Risk List. Mr. Trimble. You are hurting my feelings. Mr. Frelinghuysen. We know that GAO continues to look at hopefully every project, right? Mr. Trimble. Yes, absolutely. Mr. Frelinghuysen. Operations and maintenance. But there is a view that have some projects been dropped off the High-Risk List? What is the criteria for dropping people and projects off? Are these the small projects? Mr. Trimble. Yes. So broadly what we have done with the Department of Energy is narrowed the focus to the major projects because the progress we have seen and because that is where most of the money is. We are going to keep paying attention to see---- Mr. Frelinghuysen. You are? Mr. Trimble [continuing]. On the non-majors. Absolutely. Mr. Frelinghuysen. So you are not giving a clear bill of health to all those small projects, are you, since we noted at least one at Los Alamos that continues to have some problems. Is that not right? Mr. Trimble. Absolutely. Mr. Frelinghuysen. Which is a pretty important one. Mr. Trimble. As well as the waste Solidification Building. Mr. Frelinghuysen. Security, right? Mr. Trimble. Yes. And waste solidification building as well. So the key for removal from the High-Risk List is you have to demonstrate through independent means that the reforms you have made have been sustained, and they have achieved the objectives they set out to be. So one of the things we have to do over time is just to monitor them to make sure that the changes we have noted which have seemed to prove results continue to prove results. Mr. Frelinghuysen. Yeah. So you are intimately familiar with all these milestones that have been set. The terminology changes every couple of years but you are intimately familiar with all these? Mr. Trimble. I have got my cheat sheets, too. Mr. Frelinghuysen. You do? So the wording may change but in reality we want everybody to measure up. I want to get a little bit of a clarification here. If you are looking at larger projects, are you looking because of the size obviously? What is more important, the size or the contractual mechanisms? Mr. Trimble. Well, in the context of high-risk and the definition of major versus non-major, the threshold is $750 million, and that comes from DOE. That is DOE's definition of how they distinguish between major and non-major projects. Mr. Frelinghuysen. So the contract mechanisms exists on all contracts; right? Mr. Trimble. That is correct. Mr. Frelinghuysen. And is it less important in smaller projects? Mr. Trimble. No. I mean, the contract on a $500 million project, the contract mechanism, the oversight tools, et cetera, are critical, obviously. Mr. Frelinghuysen. How would you characterize the progress that GAO has made in terms of implementing your recommendations? Mr. Trimble. Well, I think DOE, especially in the last few years, has made significant improvements, as I mentioned in my statement, in terms of issuing policies, taking steps to institute the 90 percent design criteria, outside independent reviews, greater use of independent cost estimates. So all of those are significant and important steps. Mr. Frelinghuysen. Are not some of these very problems happening again and again? Mr. Trimble. Well, our concern with regard to major projects is that we see the recurrence of these cost and schedule problems. Mr. Frelinghuysen. Even in the responses that you witnessed. Mr. Trimble. Absolutely. Mr. Frelinghuysen. I will not say some hesitation but-- Mr. Trimble. No, absolutely. Mr. Frelinghuysen. Not a lot of clarity here. Mr. Trimble. We are waiting for the proof in the pudding. Mr. Frelinghuysen. Yeah. I mean, the establishment of baselines. Mr. Trimble. Exactly. Mr. Frelinghuysen. A lot of moving targets around here. Mr. Trimble. Exactly. Mr. Frelinghuysen. Does that not concern you? Mr. Trimble. Oh, absolutely. Mr. Frelinghuysen. This is what you focus on; right? Mr. Trimble. Absolutely. And we have ongoing work on all of these major projects, and we continue to uncover disturbing patterns. Mr. Frelinghuysen. Well, are you noticing any particular trends? Mr. Trimble. Well, areas---- Mr. Frelinghuysen. You know, good ones or bad ones? Mr. Trimble. Well, I mean, I think what we have noted---- Mr. Frelinghuysen. We do not want things to be buried in new terminology. Mr. Trimble. Yes, absolutely. Mr. Frelinghuysen. That is why we have the GAO. It is supposed to root any of that out. Mr. Trimble. That is right. I think some of the issues we have uncovered are items you have discussed earlier about design maturity, technology readiness. Those are continuing issues. Obviously, you see that with WTP as an ongoing problem behind their concerns there, but we also found that in terms of MOX in terms of the design of the glove boxes to handle plutonium. Mr. Frelinghuysen. Are you keeping an eye on the Army Corps that is sitting next to you as well? Mr. Trimble. They are in our building. We are one floor away. Mr. Frelinghuysen. Well, I know that. Mr. Trimble. I am sure they keep an eye on us. Mr. Frelinghuysen. I am just saying that you are all in there together. Mr. Trimble. Yes. Mr. Frelinghuysen. But obviously the Committees, one of our major jurisdictions is the U.S. Army Corps of Engineers. And we obviously salute their work here at home and abroad, and obviously have a particular responsibility for the nuclear enterprise. But you keep an eye on them as well? Mr. Trimble. Well, we have another group that does work, particularly on their projects. Mr. Frelinghuysen. I mean, independent, like Mr. Eckroade. Mr. Trimble. Yes. We do a lot for---- Mr. Frelinghuysen. An independent evaluation of some of their cost estimates here. Mr. Trimble. Absolutely. Mr. Frelinghuysen. They are in this business, too, here. Mr. Trimble. Yes. I believe it is another part, another team within GAO that does our---- Mr. Frelinghuysen. Just because you are in the same building you do not necessarily cut them any slack. Is that right? Just say that for the record. Mr. Trimble. No. No. I will not even let them buy me coffee. Mr. Frelinghuysen. Good. I am very glad to hear that. Ms. Kaptur. Ms. Kaptur. Thank you, Mr. Chairman. Mr. Trimble, you strike me as a man with a rigorous eye. How often do you see cost misestimates and overruns such as you note with the DOE major projects? Mr. Trimble. So how often do we see that? I mean, I think on all of the major projects we have looked at, we have seen it. Ms. Kaptur. But in other agencies, how significant is the overrun in DOE compared to---- Mr. Trimble. You know, I have not done or I do not think we have done any direct comparison I know between the two. Ms. Kaptur. I have never seen it at the VA. I have never seen it at HUD. I have never seen it at NASA. I have never seen it at NSF. I look around at all of the departments, EPA. These are mammoth. So they are pretty atypical would you not think across the federal agencies--now, Defense is another question, but even there DOE is a lot smaller than the Department of Defense. These are pretty significant. Mr. Trimble. These are very significant, and again, I think as you alluded to, the numbers are staggering. Ms. Kaptur. The numbers are staggering. And, you know, I keep asking myself is this a research project or is this just a preprocessing project or a storage project? We heard earlier there are problems with the nuclear supply chain, et cetera. I am asking myself what can we do to hasten the completion of whatever it is we are trying to complete here on schedule and under budget. And I did not get a lot of confidence from the prior panel, first on what end we are attempting to reach here, and that we can actually complete segments of it on time and within budget or under budget. I just wonder if we are mixing science and construction in a way that we cannot win; that we are going to fail from an accounting standpoint. Do you have any views as you have gotten into their accounts, as you look at this, is there something that we are not seeing here or is it just internal disarray inside of DOE? Mr. Trimble. Yeah. I mean, I think, you know, some of it with WTP in particular. That is sort of the poster child for starting construction on a fast track when the design is not complete. And so that seems to be sort of we keep paying the bill for those mistakes from the past, and as well as decisions to keep moving forward when design is not complete. You saw that same failure or I think we are seeing the same failure. Our work is still pending at MOX in terms of the glove box design. So that is an area. One thing we have not talked about a little bit in terms of areas of focus is that there is a lot of discussion of these peer reviews, et cetera, and these controls they are putting in place to put a check on it. The question that we are looking at in our ongoing work is what is the effectiveness of those controls? So you could have a flag go off. You can have a light on your dashboard go off but you can ignore that light. Your engine light goes on, you can just never take it to the mechanic, right? So the question is when these systems--are the lights going off first of all? You have a system. Does the light go off when it is supposed to go off? And then what do you do about it? So, for example, with the Waste Solidification Building, in 2008 there is an independent review that says what you are estimating for this cement work, this concrete work, is way off. You are saying it is $60 million; we think it is going to be 110 million. They do not change anything. Well, guess what? When they put the contract out for bid it is in the 90s. So then all of a sudden you are behind. And then that accounts for a big chunk of their latest cost increase. So the question is you can have great processes, and this sort of goes to your question about culture. You can have controls, but if your organization culture does not respect and act support every day those controls and those objectives, it does not matter how good your controls are, your culture will defeat it every time. Ms. Kaptur. As you listened to the prior panel, what did you think we as a Subcommittee could do to get better results, especially on the three projects that are so expensive if, in fact, we are going to complete them? Mr. Trimble. Yeah. I wish I had a magic bullet. I mean, I think a few things are: (1) for all the projects, capital asset projects, getting more detail on technology and design readiness; whether outside reviews have looked at those readiness figures. Have they been independently verified and checked? I think if any of them have technology development ongoing--you talked about technology readiness levels, getting behind that to say, well, you are saying it is at 5, you are saying at 6. How is that verified? What is behind that? What is the schedule for that? And I think for all of these projects, the consistent problem we have seen in all these projects has been the seismic concerns which inevitably pop up late. So up front, tell me now, it is not going to be news to anybody that there are seismic issues. So what are we doing with it now? I think the effectiveness of the project reviews, one area---- Ms. Kaptur. Effectiveness of the? Mr. Trimble. Project reviews. So when you have these outside reviews, you know, my analogy is the concern is always that you are basically hiring an outside audit firm to do your weekly payroll. Right? It is like you are doing these outside concerns. Well, what are your controls to make sure you are making the right decision? If you are always waiting for this outside group to bail you out, to flag the problem, you have a failure elsewhere. So how good are those controls versus these independent audits. Ms. Kaptur. Is it your sense inside the Department that there is a rigorous organizational structure to deal with these three projects and that there is the kind of discipline that you have in the nuclear Navy? Mr. Trimble. I cannot speak to the Navy. I am one of the few people in this room apparently that does not have a Navy background. The reforms they have been putting in place are significant. Their leadership is committed. They are making a lot of the right steps. But again, this is a long slog and my comment about culture is this is not a matter of just fixing this policy or this guidance. You need to be sort of committed 24/7 to this and you cannot mix your messages about the importance of this. Ms. Kaptur. Mr. Chairman, I would just say---- Mr. Frelinghuysen. Can you yield on that? It is an issue of who is in the driver's seat here. Is the leadership there? Is it willing to challenge the culture? It is inexcusable that some of these costs have just--somebody should have known what was going on. Mr. Trimble. But then you have to figure out how you are carrying that message to the lowest ranks at the frontline and then to the contractor community as well. Ms. Kaptur. What I am wondering, Mr. Chairman, is if you look at the space station, if you look at some of the other projects we have worked on where billions of dollars are involved, how NASA organized for that effort internally and the kind of organizational structure and discipline that was a part of it. With DOE, they are doing a lot of other things. But how, and I guess I would ask you as an accountant, you studied both numbers and you studied management structure. If you could make recommendations to us on management structure within DOE to accomplish these tasks so we can meet the budget, I keep hearing culture, culture, culture. Well, that is a management accounting issue. And are they properly organized in there to accomplish the task at hand? Any additional comments you could provide now or to the record? Mr. Trimble. Yeah. I would have to go back to our past work to have an intelligent answer on that. I do not really have one now. I do not think we have done recent work specifically on this structure. But I would be happy to take that for the record. Ms. Kaptur. Thank you. Mr. Frelinghuysen. Mr. Nunnelee. Thank you, Ms. Kaptur. Mr. Nunnelee. Thank you, Mr. Chairman. NNSA and EM both have reported. Okay, you are building these one-of-a-kind projects. And because of that, progress has been impeded because of the lack of availability of vendors that can produce at a much higher standard. So I guess my first question is should this not have been expected by now? We did not just start doing this. And secondly, do you see any indication that the Department of Energy is doing anything to actively manage the problem? Mr. Trimble. Well, I would jump in on that. Just taking again MOX, the contractor hired was the foremost world expert on nuclear construction and handling these very specific kind of facilities. So the experience and being surprised by it you would not expect them, of all people, to be surprised by it. Moreover, as I alluded to, there was a provision in the contract to do market surveys on the very things we are talking about--labor, materials, et cetera, in order to meet the contract. We are looking at, again, they had a good control but what happened to it? Were the reports submitted? Right now we are having trouble finding them. So the question is, and again, it goes to culture. You have got a requirement. Did the people managing it respect that requirement and act on it? And so if you had had those reports in 2007 and you flagged these concerns would you have been able to do other course corrections? Mr. Nunnelee. So what kind of capabilities did the DOE contractors who asked to build these have to address on this issue? Have there not been some specific actions taken by some of the contractors, like sending personnel out to vendors that have led to improvements in certain cases? Mr. Trimble. I do not have a lot to say on that from our recent work, but I believe that is right. I believe it is more of the tactical responses to these issues. Mr. Frelinghuysen. Mr. Fleischmann. Mr. Fleischmann. Thank you, Mr. Chairman. And I do appreciate the discourse about all the cost overruns. We certainly want to be more fiscally wise and efficient as we move forward in all these large projects, including the UPF which is in my district. I am going to change direction a little bit. Mr. Trimble, I have noticed that the Department of Energy is using the Corps of Engineers to perform contract work, building an access road at UPF. Does the GAO believe that using the Corps of Engineers to do preliminary work is a smart strategy, sir? Mr. Trimble. We have not formally addressed sort of the decision and whether it was a good decision or was a bad decision. I can tell you that we visited the site a few weeks ago and the assessment at the time was that the Corps could do the job, I think, better and cheaper than outside contractors because it was the kind of project that is right in their wheelhouse. Mr. Fleischmann. Okay. And you still believe that? Mr. Trimble. I am just telling you what they told us, and it seems reasonable. Mr. Fleischmann. Okay. Mr. Ferguson, what kind of support has the Corps given NNSA and EM over the past three years? And as a follow-up to that, sir, what are the Corps' future plans in this regard? Mr. Ferguson. In the last three years we did the Best of Class Project Management Initiative, which assessed the capabilities of Environmental Management's office, site office for complying with project management key components with the staff and did a gap analysis of each site and determined that they were understaffed at that time in key areas--project management, cost estimating, and scheduling. We made recommendations to support their human capital plan to get the right people in the positions to manage their projects. We then did detailed staffing plans for their major projects and the detailed staffing plan resulted in us providing that on the construction management side of the house; they needed to beef up their structure management. It is really the ground truth. Their contractors' reporting systems earn values and have construction oversight, more construction oversight at the site. The next one is at the UPF. We provided independent cost estimates for the Uranium Process Management. We wanted to get an independent look before they baselined the project. We went in, and from the bottoms-up detail, did an independent cost estimate for them to see what the cost would be, what the range of costs would be at an 85 percent confidence level and to help them determine the fairness and reasonableness of M&O's contractor there. We are in the process of working with the Department of Energy to rebaselining MOX and the Salt Waste Treatment Facility. Mr. Fleischmann. So those are your future plans? Mr. Ferguson. That is the future plan. Mr. Fleischmann. Okay. Mr. Frelinghuysen. Would the gentleman yield? Mr. Fleischmann. Yes, sir. Mr. Frelinghuysen. Did you have any sense whether the contractor had the capability to conduct an accurate cost estimate? Mr. Ferguson. The contractor has a different methodology and different way to develop their cost estimate from reconciliation of the estimate with ours, but we did not assess to determine the reasonableness of the M&O contractor. We supported that data to the Department of Energy. Mr. Frelinghuysen. So they had the data or not had the data? Did they have the data? The proper data? Mr. Ferguson. Yes. Mr. Frelinghuysen. Did it match your data? Mr. Ferguson. The M&O did a cost estimate based on historical data, and the level effort type work for the Uranium Process Facility and had an estimate where we did a bottoms-up estimate detailed off the 40 percent design. We then crosswalked it to see where the difference was in the estimates and then revised our estimates and furnished that to the management team at the Uranium Process Facility on site. Mr. Frelinghuysen. So translating that into a way that I can understand, what does that actually mean? Mr. Ferguson. That means that the---- Mr. Frelinghuysen. I know that the Corps, as you said, is results-driven, but getting back to Mr. Simpson's earlier admonition, let us focus on what is important--on time, on budget. And your estimates are? Mr. Ferguson. The estimate we provided is a risk-based, managed estimate. We feel that the 40 percent design, which is not the performance baseline yet, is a good gauge. It gives support to the YSO management team. What to focus on are the key issues to implement that project within schedule and within cost. Mr. Frelinghuysen. Thank you for yielding. Mr. Fleischmann. Thank you, Mr. Chairman. I will just follow up with one quick question. Mr. Ferguson, I know you have addressed some of the future goals, but what services can the Corps provide to NNSA and EM? In your view, what are the limits? What can you do and what can you not do for DOE? Mr. Ferguson. I feel that we can provide independent cost estimates where we can develop a product. And we can do independent reviews, peer reviews. We can do construction management. If you have a separate piece of work that is within the course of technical requirements that we can complete, we can do that. And I think we can do cost estimates and schedules and risk analyses for them and bracket the risk on a project and run through our Monte Carlo process and the level of technology, the level of technical readiness levels, and try to bracket the risk so you will get a risk contingency on a project where you could implement the project within the budget if you did that upfront. We would have to take a team of subject matter experts to do that. Where the TRL is not developed to a certain level, you have to know the impacts. What are the impacts to your design when that TRL changes to your project? And put that in your risk ratio and run that and get your contingency so you can implement your project within the total project cost. Mr. Fleischmann. Thank you, Mr. Chairman. I yield back. Mr. Frelinghuysen. Thank you, Mr. Fleischmann. So what are the primary drivers of the total cost of the Uranium Processing Facility? Mr. Ferguson. The difference that we indicated at the site, it was the capacity and capability in the out years. The M&O contractor used a level effort, the Corps used the detailed bottoms-up approach doing that, and that is being able to train the employees for two shifts to meet the capacity. And that is about $500 million higher. It is significantly higher in the out years on the capability capacity on that contract. And we did that. That is one of the main things. And the next one is we are about $450 million in the methodology in the main construction of the facility. Mr. Frelinghuysen. This is a pretty important project here, substantial investments here. There are a lot of uncertainties, are there? Mr. Ferguson. Yes, they are. Mr. Frelinghuysen. They are. And is this likely to see cost overruns? Mr. Ferguson. Well, see, the performance baseline had not been set yet, and that is just a tool---- Mr. Frelinghuysen. Yeah, but you have been around long enough to know. You have a sense of things. I assume Mr. Trimble might want to jump in here. But this sort of---- Mr. Ferguson. I would do an independent estimate, the 90 percent design, and I would run the risk--and have an outside agency review that document for you to set the budget on that. Mr. Frelinghuysen. The outside agency might be you, Mr. Trimble? You do not have enough on your plate? Maybe you have made this review, have you? Mr. Trimble. Maybe 2 o'clock today will be better. Mr. Frelinghuysen. Okay. Get working on it, will you? Mr. Trimble. On UPF, just to highlight a couple of things. One, when we are talking about when you are looking at the cost increases you have to remember that the current estimate is reduced. It includes reduced scope. So the current estimate is less than what it was originally. The next thing is, in 2011, there was an independent cost estimate. That triggered them to have to revalidate their initial decision, CD-1, because the increase was more than 50 percent above the previous high estimate. They reaffirmed CD-1 last June. This is one month after the contractor told them that the building is too small, the roof is too short, and it is not wide enough. And what they found out last Spring, this is within a year after having done the independent cost estimate, was that they have to raise the roof 17 feet, it is going to add about $500 million in another year to the project. So again, independent cost estimates are critical but there has to be some sort of internal controls that help make that ship go in the right direction. Mr. Frelinghuysen. I will not say no pun intended. This would raise the roof in a lot of circles. I want to leave Tennessee alone for a few minutes here and focus on Mr. Eckroade, who has not had a chance to talk very long. The Committee directed some responsibilities for you to focus on the Waste Treatment Plant out in Washington State, relative to the culture. But this is not unrelated to some of the things the GAO has been doing. You have come up with some pretty substantial recommendations. Could you both talk about the time you have committed to study this project out there? Mr. Eckroade. Certainly. Thank you for the question. Mr. Frelinghuysen. You performed a review. Maybe just cover that for the Committee and some of your findings. Mr. Eckroade. For WTP, since 2008, we have done a number of reviews and we have actually been increasing the frequency of our safety reviews based on our strategies to focus more attention to nuclear facilities and nuclear projects. The most fundamental review we have done at WTP has been on nuclear safety culture. That was a foundational experience for us in HSS and the Department of Energy to really understand what really constitutes a good nuclear safety culture and how do you assess it. So as we are trying to understand this most important area, we actually went out to the NRC and learned their method. They are much more advanced in thinking and advocating for healthy nuclear safety cultures. And so we actually contracted with a company, independent consultants, who do this work for a living and so we used these consultants and we went out to WTP and interviewed. We did a number of things. To be able to do a good nuclear safety culture assessment you actually have to do a functional analysis. You see how the organization describes itself. Then you actually reach out and do surveys. There are a couple of survey methods that are very mature and formal. Then you have focus groups. We actually talked to people who have similar kinds of responsibilities and duties. You can really pull together some common themes in safety culture. So WTP was our first effort to really do this in an authoritative way. Fundamentally, we found some troubling concerns about the safety culture at the time when we published the report last year. Mr. Frelinghuysen. Which should be applicable to a lot of sites; right? Mr. Eckroade. And they are. In fact---- Mr. Frelinghuysen. Yeah. I mean, all sites to some extent. Mr. Eckroade. Sure. And since we did WTP, the secretary directed us to do extended condition reviews, large nuclear projects, and several other locations. Many of the themes that we are seeing on safety culture at WTP, we have also seen some of the same kind of trends at other projects, you know, to varying degrees of severity. So what this is telling us is that the department is not yet focused in a sustained way on nuclear safety culture. I will tell you that the Secretary has articulated in a nuclear safety memo last year that his expectations for establishing a strong nuclear safety culture. We have incorporated guidance on the nuclear safety culture into some of our policies, but in practice we have a long ways to go to really understand that, to make our managers at our sites and our projects embrace the values of a good, healthy, safety culture, and to effectively engage the employee so they believe the values that we have for safety, and they see us and they see the managers modeling the behaviors of a good safety culture and they feel free to raise the issues and have confidence those issues will be resolved and they will not be retaliated against. So we have a lot of work to do to bring healthy safety cultures to the Department. Mr. Frelinghuysen. And you add in layoffs and furloughs, that makes life even more complicated. Mr. Trimble, and then I will go to Ms. Kaptur. Mr. Trimble. We have been looking at WTP or its predecessors for I would say close to 20 years at this point, a long, long time. Aside from the obvious cost increases and delays, I mean, a couple things I would highlight for you. One is from our report we finished last year, in 2012. Again, we highlighted technology issues involving the mixers. For the process, they have to keep the waste mixed, which is very, very difficult and highly technical and challenged. There are some issues with buildup of explosive gases. There are issues characterizing the waste that is in the tanks. These are not new issues. These have been around for many, many years. And actually, in 2006, as I was reading through our library on this subject, there is a statement in there that DOE, someone from DOE thought they had resolved all these technical issues. And I think this goes to your comment about is this a science project or a build project. One point on this, and as you all have raised the concern about proceeding to construction before design, and technology issues are resolved, in Mr. Raines's comment he noted that on UPF they will not proceed until they are technology ready and there is level 6. Our recommendation has been it is technology level 7. And the whole TRL concept comes from NASA. Again, it has its roots. Mr. Frelinghuysen. You are going to get Ms. Kaptur even more excited. Ms. Kaptur. Yes. I am really paying attention, Mr. Chairman. Mr. Frelinghuysen. She was engaged. Now she is really engaged. No, you are aware, of course that there are issues at Hanford. Huge issues. It is a massive site. I mean, it is absolutely amazing, this part of the Manhattan Project. I was familiar with Oak Ridge. Our Oak Ridge member has left but I can say I was familiar with it but I was unaware of just the massive effort. And of course, there are some legal issues here, huge legal issues. Now, you take those into consideration, obviously. It is more than politics. They have consent decrees. And talk about milestones. There is so much anticipation out there that these issues are going to be addressed. So how do they fit into your mix here? Do you acknowledge that there are---- Mr. Trimble. Yeah, I think---- Mr. Frelinghuysen. You offered or suggested that maybe the whole thing ought to be halted, is that right? Mr. Trimble. Well, on terms of proceeding with construction, until you can prove the technology and prove the design. That is the issue. So otherwise, you just end up with delays and redesign. And the current effort, you know, there was partial stand-down and some of the construction work till they could resolve this. One of the issues in the rebaseline, they have also asked the contractor to look at possible new technology or design changes to the whole thing. So maybe they need another building to deal with some of the waste so it does not clog the pipes. So again, all that adds time and money. So haste makes waste. Mr. Frelinghuysen. Thank you. Have I supercharged you, Ms. Kaptur? Ms. Kaptur. Mr. Chairman, this has just been a very, very important panel, and I thank you for testifying today to help our country figure a way out of this situation. Any additional insight you can give through records submissions on the management accounting side? Did you deal with these technology issues? These issues will be appreciated by this member for sure. And I have a hunch our chairman as well. You have added a clarification that we have not had earlier. So your work has been valuable as we attempt to embrace the future with probably some scientific and engineering challenges that were not fully spelled out at the beginning in a way that was comprehensible to those who have to approve spending up here. So I think that is really very valuable. Also, it may be in your report but, you know, unwinding what went wrong, I asked the prior panel--you probably heard what they thought was the worst example. And that can be instructive as we move ahead as well so that we set up these speed bumps to know how to handle projects of this size. That would be very, very helpful. I was not aware of the level 6 versus level 7. That is a level of detail I did not have. That was a very interesting addition to the hearing record today. I wanted to ask if I could, relating to workforce concerns, in your latest High-Risk List, you noted workforce planning efforts as a continuing concern, both at NNSA and at EM. And I have long had a concern about workforce readiness and safety standards, simply not so much because I have any of these facilities in our region. We do not. But because of what I have seen happen in the nuclear power commercial industry, and some of the mishaps that have occurred. And I am curious about recommendations you could provide either a little bit of a summary now, or for the record for dependable and steady training programs for the technical positions necessary. And I am including operational positions as well in the nuclear power industry, involving perhaps partnerships that you may have imagined between different elements of the government, private industry, operators that are out there because, as I said, at a prior panel, earlier this week. It was actually operational workers who, at great risk to themselves, saved our community three times. And they had training, but when they reacted to emergency situations, they put their own lives at risk, not knowing what would happen. And for years I have tried to get training programs linked to our trades in the region that I represent and it has not happened. I tell this story because we have lived it. Nuclear Regulatory Commission, which is not your concern directly, put the largest fine in American history on a plant that I represent. And as that fine was assessed, I actually called the Nuclear Regulatory Commission. I said, I really think when you assess the fine rather than those dollars going back to the general treasury, you really ought to look at diverting some of those dollars to training programs because we have now been through this. This is our third time with a third incident. And each incident was different. And what happened is most of the money went back to the Government of the United States. Not a penny of it went into training programs. Some of them went to help to develop a national park, some of them went to a renewable program. I support renewable. It was very small. And I just sat back in my chair and I thought, what is the problem here? Why can we not get more rigorous training for those who are involved in this, a greater understanding of the systems with which they are working. And so my question to you really is for the whole chain of skills involved in this, and by the way, these workers that I represent travel around to other locations through the fine process we discovered that they were carrying nuclear particles on their clothing that were discovered in the places that they were staying and so forth. It was unacceptable. It was not their fault. The NRC knew that there were some slippages at that plant, but there was not a rigorous NRC enforcement of safety. And so my interest is in the lives of the workers. And dependable training programs because our lives relate to his much they know and what they can do. So what are your thoughts on training programs, workforce readiness programs that are dependable and steady? Mr. Trimble. I will jump in but my colleagues here may have more to offer. The area of workforce training is sort of out of my lane at GAO. I know we have got teams that work on those kinds of issues and I would be happy to get back to you for the record, see if I can find anything that would be constructive on that point. Ms. Kaptur. Okay. Yeah, your report, your high-risk report listed it as a continuing concern. Mr. Trimble. Yes. I think those work for the workers, and I will go back and check this. They are more in the areas of acquisition project management kind of positions as opposed to the technical kind of positions. Ms. Kaptur. Very interesting. All right. Thank you so very much. Thanks, Mr. Chairman. Mr. Frelinghuysen. It has gotten awfully quiet in here which means we are going to get out of dodge in a few minutes. Mr. Eckroade, I just want to get back to what we talked a little bit about. After you received some direction from the Committee you went and took a look at the nuclear culture. As you are aware, the Nuclear Regulatory Commission licenses commercial nuclear facilities, and we have a couple that are underway. There was a decision made I think about a decade ago to not seek an NRC license for the waste treatment processing plant. Is that right? Mr. Eckroade. Yeah, that is correct. I know early in the planning for that project there was consideration of having that as an NRC license, but I think the reality of that, the department changed its position. I am not sure what level of consultation there was with Congress or NRC. Mr. Frelinghuysen. Well, the reality is that now you are in the driver's seat. Is that right? Mr. Eckroade. Yes. Mr. Frelinghuysen. And how comfortable. You are the gatekeeper; is that right? Mr. Eckroade. Well, the line organizations are the institutions that EM and NNSA, for example, that actually authorize operations of the facilities. And so they have that burden to ensure the safety design, the safety analysis, and specific operational controls are documented and represent the conditions that will make sure that our facilities operate safely over their lifetime. We actually play a role as a check and balance on the line organizations. We do spot-checks of core nuclear safety processes during the design, construction, and operations. Mr. Frelinghuysen. So if the NRC is not doing it, what effectively is the DOE doing relative to shall we say licensing a nuclear facility? Mr. Eckroade. Right. Before a facility can become operational, typically it is the site office manager level, senior federal manager will actually sign and approve the safety basis documentation for that facility. And the safety basis documentation is the culmination of all the safety analysis, the accident analysis, the hazard analysis, and the analysis of the engineered and administrative controls that must be satisfied to keep that facility in a safe what we call operating envelope. Mr. Frelinghuysen. But what I am driving at is do you have the capabilities? Mr. Eckroade. To license facilities? Mr. Frelinghuysen. Well, yeah. You know, you are not the NRC. Mr. Eckroade. No. Our organization is relatively small. Mr. Frelinghuysen. Yes, it is. But you have a responsibility which is similar to theirs in terms of if it is not called licensing, what is it called? Mr. Eckroade. And actually, in this department, the line organizations and HSS share the regulatory responsibilities. It is not all invested in our office. So it is a shared role. Mr. Frelinghuysen. So what is the authority line? Is there no line authority on these projects? Mr. Eckroade. There is no line authority. It is all within the line organizations. We have the Independent Oversight Authority on behalf of the Secretary. Mr. Frelinghuysen. So what enforcement mechanisms do you have? Mr. Eckroade. We actually have nuclear safety regulations, 10 CFR 830 is the Department's formal regulation for nuclear safety. It covers operations as well as design and construction. And it has really two major components. One is it lays out the quality assurance requirements for those facilities as well as the safety analysis and safety basis controls so we can establish those regulations and our facilities are required to be operating under those regulations. We also have complimentary policies and technical standards that are also contractually enforceable. So it is actually shared--it is very different than the NRC approach. DOE line organizations actually play key regulatory responsibilities and HSS plays the independent oversight role, kind of the checks and balances role, on behalf of the secretary. We also play the regulatory enforcement role. So we have a staff office for both occupational safety and health, as well as nuclear safety, that does investigations of potential violations, develops notices of violation, and ultimately we will issue those to our contractors. If it is NNSA, the NNSA administrator actually will issue those notices of violation for his sites. Mr. Frelinghuysen. So you have the ability--whatever is happening out in Washington State, are you going to be licensing this facility, which is---- Mr. Eckroade. Right, so they can operate. Mr. Frelinghuysen. Yeah. I mean, you are going to provide the ground, the legal ground for its operation? Mr. Eckroade. Well, our role will be to assess key aspects of safety and advise the senior line managers and the Secretary of our concerns about the safety of that facility. If we find violations of our safety requirements, we take an enforcement-- -- Mr. Frelinghuysen. Well, I hope there is some nexus between some of the observations of the GAO to what you are doing. Mr. Trimble. Yes, sir. Mr. Frelinghuysen. And on behalf of Ms. Kaptur and all the members of the Committee, I want to thank each of you for your testimony today. It has been valuable. We appreciate it. We stand adjourned. Thank you. 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A................................................... 145 Eisenhower, Susan................................................ 1 Ewing, R. C...................................................... 1 Ferguson, Mike................................................... 145 Lyons, P. B...................................................... 1 Raines, Bob...................................................... 145 Rusco, Frank..................................................... 1 Surash, Jack..................................................... 145 Trimble, Dave.................................................... 145 Weber, Michael................................................... 1