Scheme Nickname: 
HLW repository applications under Subpart J

Adjudication scheme under related to applications for (1) authorization to construct high-level radioactive waste (HLW) repository at a geologic repository operations area, and (2) licenses to receive and possess HLW at a geologic repository area. (See 10 CFR Part 2, Subpart J). Proceedings are initiated when the Department of Energy (DOE) indicates its intent to file an HLW application by certifying -- at least 6 months prior to the filing of its application -- that it has identified and made available electronically in an NRC database all required documents related to its application.

Public notice of DOE's HLW license applications are published in the Federal Register. Interested parties (including state or local governments) may file requests for hearings or intervention petitions that set forth one or more "contentions" (i.e., justiciable issues) along with supporting materials. Hearings are conducted by members of the Commission, an Atomic Safety Licensing Board (ASLB) panel, or a named NRC officer to whom final authority has been delegated.

(Note: Yucca Mountain is an example of a proposed HLW repository).

Adjudication Levels: 
LevelName of OfficeSub-Agency/Bureau/Division:Are administrative appeals permitted from final decisions at this stage?
Hearing Level
Office of Deputy Exec. Director for Corporate Management
Yes (Some Types of Cases)
Appeal Level 1
Executive Director for Operations
Comments/Notes on Adjudication Structure: 
When Commission members do not serve as the hearing-level body, appellate review of initial decisions on HLW applications is available with the Commission.
Types of Adjudication: 
Verified by Agency: 
Not verified
Is this a Major Adjudication: