Agency:
Scheme Nickname:
Patent licenses under Part 81
Informal proceedings in which a license applicant, licensee, or interested third-parties can appeal a decision by the Commission concerning the grant, denial, interpretation, or revocation of a patent license issued by NRC under the Atomic Energy Act. (See 48 CFR Part 81). Appeals are heard by a 3-member NRC Invention Licensing Appeal Board, as designated by the NRC Executive Director for Operations.
Comments/Notes on Adjudication Structure:
The Commission makes determinations regarding issuance, modification, or revocation of exclusive or nonexclusive licenses to patents held by NRC (or US patents controlled by NRC); such patent license determinations are made without hearings. Aggrieved applicants and licensees, or interested parties, may appeal the Commission's decisions to the NRC Invention Licensing Appeal Board. In a strict sense, since the Commission does not hold hearings for its patent license decisions, NRC Invention Licensing Appeal Board proceedings may be considered "hearing-level" determinations. However, since the role -- and procedures -- of the Appeal Board are most akin to an appellate body, it is treated here as "Appeal Level 1" and there is no hearing level for this scheme.
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:
Yes