NRCOSUBM0006

Scheme Nickname: 
License transfers under Subpart M

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.

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
No
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
Verified by Agency: 
Not verified
Is this a Major Adjudication: 
Yes