Informal "legislative hearings" in which the Commission (or a designated presiding officer), at its discretion, may conduct oral hearings on two specified types of matters: (1) fact-finding related to issuance of rules for standard design certifications for nuclear power plants; and (2) certification by an Atomic Safety Licensing Board panel that a party to a proceeding has made a prima facie case that exemption from, or exception to, an NRC rule or regulation in that proceedings is warranted on the ground that special circumstances make application of such rule/regulation would not serve its underlying purpose. (See 10 CFR Part 2, Subpart O). Legislative hearings are conducted by the Commission, or, at its discretion, a designated presiding officer (unspecified).
Agency:
Scheme Nickname:
Legislative hearings under Part 2/Subpart O
Comments/Notes on Adjudication Structure:
Hearings under this informal adjudicatory scheme are at the Commission's complete discretion -- that is, only when the Commission deems additional fact-finding necessary.
Types of Adjudication:
Type B
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:
All "legislative hearings" on standard design certifications under Subpart O are noticed in the Federal Register. Hearings on requested exemption/exceptions to an NRC rule or regulation in a matter before an ASLB panel are noticed in the Federal Register if the Commission decides that third-party participation is warranted.
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:
No