Informal adjudication proceedings under Subpart M on applications for direct or indirect transfer of control of covered NRC licenses relating to nuclear facilities or materials. Transfer applications are publicly posted on NRC's web site and, for certain applications, also published in the Federal Register. Public participation (including state or local governmental entities) in proceedings may occur through requests for hearing or intervention petitions (which, if granted, afford party status), as well as filing of written comments (which do not afford party status). Interested persons filing hearing requests/intention petitions must file written requests specifying contentions (i.e., issues) they seek to litigate, along with documents or other materials that support both their standing and bases for views. The Commission's subsequently-issued hearing notice identifies, among other things, the contentions to be litigated, type of hearing, presiding officer(s), name of participants, and whether participation by NRC staff is required. (See 10 CFR pt. 2, subpt. M) The full Commission typically presides over the hearing and issues a final decision on the transfer application.
Agency:
Scheme Nickname:
License transfers under Subpart M
Comments/Notes on Adjudication Structure:
NRC regulations specify that "ordinarily" the full Commission presides over hearings; however, as a matter of discretion, the Commission may elect to have the matter heard by "one or more" Commission members, or alternatively, refer the hearing to a "any other person permitted by law." (10 CFR 2.1319) If referred to a non-Commission member to serve as the presiding officer, he/she presides over the hearing, but only certifies the hearing record to the Commission. The Commission issues the final decision.
Types of Adjudication:
Unknown
Comments/Notes on Adjudication Type(s):
NEH regulations do not specify the official who serves as the "hearing official," other than noting that such person "may not be under the supervision or control of the [NEH] Chairperson[.]" (45 CFR 1179.2; see also 45 CFR 1179.5(b)). Some federal agencies use ALJs for administrative sanction proceedings, including salary offsets, though it is not clear if such use is required by statute or at agency discretion.
Resources & Articles:
Final Rules Revising Adjudication Rules: 69 Fed. Reg. 2182 (Jan. 14, 2004)
Amendments to Adjudication Process Rules: 77 Fed. Reg. 46,562 (Aug. 3, 2012)
Citizens Awareness Network v NRC, 391 F.3d 338 (Dec. 10, 2004)
Chevron and Hearing Rights: An Unintended Combination, 61 Admin. L. Rev. 249 (2009)
NRC Blog on History of ASLB: http://public-blog.nrc-gateway.gov/tag/atomic-energy-act/
NRC ASLB Panel Responsibilities: http://www.nrc.gov/about-nrc/regulatory/adjudicatory/aslbp-respons.html
Commission Adjudicatory Responsibilities: http://www.nrc.gov/about-nrc/regulatory/adjudicatory/commission-respons.html
Distinctive Features:
* 2004 Rule Revision Controversy: For discussion of controversial revisions to NRC rules of practice in 2004 and 2012 that "de-formalized" most NRC adjudications arising under the AEA, see Agency Scheme Worksheet for Scheme Code NRCOSUBG0001.
* Involvement of NRC Technical Staff in Licensing Applications: Regardless of whether an application is contested, NRC technical staff (which is separate from ASLB) reviews the technical, safety, and environmental aspects of each application, and issues a Safety Evaluation Report (SER) setting forth its findings. Similar review of environmental issues typically also results in NRC staff preparation of a full Environmental Impact Statement (EIS).
Other Comments:
The AEA establishes a unique process whereby 3-member panels (or, occasionally, individual presiding officers) from the Atomic Safety Licensing Board (ASLB) are convened by the Commission to adjudicate specific cases, and each ASLB panel must have one administrative judge with an expertise in administrative law, and two administrative judges who are technical or scientific experts. The ASLB has no fixed number of positions and is composed of lawyers (full or part-time), scientists, and engineers.
Verified by Agency:
Not verified
Is this a Major Adjudication:
Yes