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NRCOSUBG0001

Agency: 
Nuclear Regulatory Commission
Scheme Nickname: 
Formal adjudication under Subpart G

NRC's formal adjudications -- which are presided over by ALJs or Atomic Safety Licensing Boards (as required by statute or regulation, or as directed by Commission) -- are conducted primarily under Subpart G of Part 2 (Title 10). NRC formal adjudications include: (1) NRC enforcement actions under Atomic Energy Act (unless the parties jointly agree to use a more informal proceedings); (2) initial licensing of uranium facilities; and, (3) portions of nuclear power plant licensing proceedings in which the presiding officer determines that resolution of contested matters or contentions require resolution of material facts, eyewitness credibility, motive or credibility issues, or other similar issues; and (4) portions of nuclear power plant licensing proceedings in which the presiding officer determines that resolution of contested matters or contentions require resolution of material facts, eyewitness credibility, motive or credibility issues, or other similar issues. The Commission is assisted in its appellate review by the Office of Commission Appellate Adjudication.

Adjudication Levels: 
LevelName of OfficeSub-Agency/Bureau/Division:Are administrative appeals permitted from final decisions at this stage?
Hearing Level
Nuclear Regulatory Commission: Atomic Safety and Licensing Board
Office of Deputy Exec. Director for Corporate Management
Yes (All Types of Cases)
Appeal Level 1
Nuclear Regulatory Commission: Office of the Secretary
Executive Director for Operations
No
Comments/Notes on Adjudication Structure: 
In 2004, NRC promulgated revised rules for its "main" adjudication schemes that substantially revised its rules of practice to make them less procedurally formal. NRC stated that its experience showed that "in most instances, the use of the full panoply of formal trial-like adjudicatory procedures ... is not essential to the development of an adequate hearing record." 69 Fed. Reg. 2182, 2182 (Jan. 14, 2004); see also 77 Fed. reg. 46,562 (Aug. 3, 2012). NRC departed from its long-standing agency interpretation that the Atomic Energy Act (AEA) required on-the-record (APA) hearings, and greatly narrowed the jurisdictional scope of this formal adjudication scheme. For this formal scheme, either ALJs or the Atomic Safety Licensing Board (ASLB) preside over discovery (with rules patterned largely after FRCP 26) and and evidentiary hearings. (Section 191 of the AEA, authorizes NRC to use 3-member ASLBs (or, on occasion, individual presiding officers) -- staffed by NRC administrative judges -- in lieu of ALJs for agency hearings under the AEA.) *Note: At the appellate level, this scheme includes review by the Commission of written initial decisions issued by NRC presiding officers (other than Commission members) -- primarily Atomic Safety and Licensing Board panels -- relating to a variety program-related areas and hearing tracks (e.g., Part 2/Subparts C, G, J, L & N), as well as several non-program areas for which appeals are available. These non-program areas are: (1) non-discrimination in federally-assisted programs under Title VI, section 504 of the Rehabilitation Act, Age Discrimination Act, and Title IX (10 CFR Parts 4 & 5); (2) and, civil penalties under the Program Fraud Civil Remedies Act (10 CFR Part 13).
Types of Adjudication: 
Type A
Type B
Related Schemes: 
SchemeNature of Relationship
NRCOSUBL0005
Share Hearing
Share Appeal Level 1
NRCOSUBJ0010
Share Hearing
Share Appeal Level 1
NRCOALJO0002
Share Appeal Level 1
Comments/Notes on Related Schemes: 
Most -- though not all -- case types heard under this formal adjudication scheme (NRCOSUBG0001) may also be heard using informal procedures set forth in Subchapters L(NRCOSUBL0005) and J (NRCOSUBJ0010). When hearings are conducted by an ASLB panel under Subchapters G or J (formal procedures) or Subchapters L/N (simplified and expedited procedures), the Commission serves as the appellate body for both types of cases. The instant scheme code also shares the Commission as an appellate body with Scheme Code NRCOALJO0002 (formal APA/ALJ hearings on certain non-program matters).
Verified by Agency: 
Not verified
Is this a Major Adjudication: 
Yes