Informal adjudication under Subparts C/L on a variety of contested and uncontested matters relating to domestic nuclear facilities or materials, including: enforcement proceedings by NRC to impose penalties for AEA violations; amendments to reactor licenses; licenses for commercial use of nuclear materials; and licenses for construction or operation of nuclear reactors. Broadly speaking, issues contested in ASLB licensing adjudications fall into two general categories: (1) safety/technical issues arising under the AEA; and (2) environmental issues arising under the National Environmental Policy Act (NEPA). According to NRC's website, hearings conducted by the ASLB "are among the most complex and sometimes most controversial administrative proceedings conducted by the Federal Government."
Current NRC regulations in Part 2 set forth a complex, multi-track adjudication system. This scheme covers proceedings conducted under the "simplified" hearing procedures in Subparts C & L, which are -- according to NRC -- represent the bulk of its informal proceedings. (Note: Until 2004, many of these adjudications were regarded by NRC as requiring formal, APA-style proceedings. They were "de-formalized" in 2004 in somewhat controversial regulatory revisions to the rules of practice. See discussion below.)
| Level | Name of Office | Sub-Agency/Bureau/Division: | Are administrative appeals permitted from final decisions at this stage? |
|---|---|---|---|
Hearing Level | Office of Deputy Exec. Director for Corporate Management | Yes (All Types of Cases) | |
Appeal Level 1 | Executive Director for Operations | No |
