March 27, 2024

Rep. Mike Levin Leads Letter to U.S. Nuclear Regulatory Commission to Establish New Office of Public Engagement and Participation

Washington, D.C. – Today, Rep. Mike Levin (CA-49) and Senator Ed Markey (D-MA) led a bicameral letter signed by 14 Members of the House of Representatives and 4 U.S. Senators to U.S. Nuclear Regulatory Commission (NRC) Chairman Christopher Hanson to encourage the NRC to proactively establish a new office to boost the agency’s public outreach, engagement, and participation activities.

“The NRC plays a pivotal role in ensuring the safe use of nuclear materials for electricity generation and other applications,” explains the letter. “However, while the agency recognizes the imperative of communicating clearly and providing opportunities for the public to participate in its proceedings, it often falls short of achieving these goals.

“Fortunately, the Commission has both internal and external proposals at hand to inform its approach to increasing its public engagement competencies,” continues the letter.The NRC Office of Public Participation and Engagement (OPEP) Act (118th Congress, H.R. 4530) would ensure the public receives the information and resources it needs to participate in NRC decision-making. The legislation received favorable testimony at the July 18, 2023, hearing of the Energy Subcommittee of the House Energy and Commerce Committee.”

Click here or see below for the full letter:

Dear Chairman Hanson:

As Members of Congress supportive of improving transparency and accessibility as pillars of good governance, we write to express our support for the establishment of a new office at the U.S. Nuclear Regulatory Commission (NRC) that would improve and scale the agency’s public outreach, engagement, and participation activities.

The NRC plays a pivotal role in ensuring the safe use of nuclear materials for electricity generation and other applications. However, while the agency recognizes the imperative of communicating clearly and providing opportunities for the public to participate in its proceedings, it often falls short of achieving these goals. Throughout the years, members of the public have expressed frustration with and a lack of trust in the NRC’s decision-making procedures.

Timely action is imperative. You and your fellow Commissioners have made clear that the NRC expects a near-term increase in activity, including from regulating and licensing nuclear waste storage equipment and facilities, decommissioning retiring plants, relicensing existing reactors, and certifying and licensing next-generation nuclear reactors — technical work that mandates regular dialogue with affected or interested members of the public. As a result, the Commission must now move proactively to demystify the participation process and bolster public confidence in the agency’s activities.

The NRC has long been aware that it has room to improve and has taken steps to identify reforms. We appreciate that from 2021-2022, the NRC voluntarily conducted a systematic assessment of its approach to environmental justice across its under Executive Order 14096. Your Environmental Justice Review Team identified six recommendations to increase responsiveness to environmental justice issues, several of which would target improvements to community outreach, engagement, and participation practices, and to transparency of agency procedures.

Fortunately, the Commission has both internal and external proposals at hand to inform its approach to increasing its public engagement competencies. The NRC Office of Public Participation and Engagement (OPEP) Act (118th Congress, H.R. 4530) would ensure the public receives the information and resources it needs to participate in NRC decision-making. The legislation received favorable testimony at the July 18, 2023, hearing of the Energy Subcommittee of the House Energy and Commerce Committee.

An OPEP could implement many of the Environmental Justice Review Team’s recommendations and support additional improvements and efficiencies. Internally, it could execute planning and coordination for public meetings, enabling project managers to spend more time on mission-direct activities. The office could also train NRC staff on best practices for public engagement and improve the consistency and competency of public-facing NRC officials and contractors. These efforts can help to bridge the gap in NRC’s communication with the public and ensure all voices are heard in the regulatory process, ultimately fostering greater confidence between communities and the Commission.

We know that the Commission has actively considered establishing such an office as recently as this past year. At the 2023 Regulatory Information Conference, former Commissioner Baran recognized the “foundational” role such an office would play to increase public engagement opportunities and called for an Office of Tribal Affairs, Environmental Justice, and Public Engagement. In June 2023, both Chairman Hanson and former Commissioner Baran testified before Congress in support of developing this office at the NRC.

In creating an OPEP, the NRC would find itself in good company. The Federal Energy Regulatory Commission (FERC) — a similarly independent agency — established its Office of Public Participation (OPP) in 2021. With internal resources budgeted for trust-building activities like workshops on how to file public comments and webinars on agency procedures, the FERC OPP is providing important technical assistance to the public on regulatory issues that may otherwise be difficult to navigate. 

We urge the NRC to proactively establish its own engagement office to solidify its commitment to earning public trust in its activities. The NRC has broad authority to organize itself in the manner best suited to meet its statutory obligations to ensure the safe use of radioactive materials for beneficial civilian purposes while protecting people and the environment. Leveraging this authority, we encourage you to establish an OPEP and ensure that your staff directs the necessary focus and resources toward communicating its activities with maximum clarity and accessibility.

We appreciate the work of the NRC to protect the public and environment. To better serve those impacted by your agency’s decision-making, we ask that you move swiftly to establish an Office of Public Engagement and Participation. 

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