Agency: 
Nuclear Regulatory Commission
Scheme Nickname: 
HLW repository applications under Subpart J

Adjudication scheme under related to applications for (1) authorization to construct high-level radioactive waste (HLW) repository at a geologic repository operations area, and (2) licenses to receive and possess HLW at a geologic repository area. (See 10 CFR Part 2, Subpart J). Proceedings are initiated when the Department of Energy (DOE) indicates its intent to file an HLW application by certifying -- at least 6 months prior to the filing of its application -- that it has identified and made available electronically in an NRC database all required documents related to its application.

Public notice of DOE's HLW license applications are published in the Federal Register. Interested parties (including state or local governments) may file requests for hearings or intervention petitions that set forth one or more "contentions" (i.e., justiciable issues) along with supporting materials. Hearings are conducted by members of the Commission, an Atomic Safety Licensing Board (ASLB) panel, or a named NRC officer to whom final authority has been delegated.

(Note: Yucca Mountain is an example of a proposed HLW repository).

Comments/Notes on Adjudication Structure: 
When Commission members do not serve as the hearing-level body, appellate review of initial decisions on HLW applications is available with the Commission.
Types of Adjudication: 
Unknown
Comments/Notes on Related Schemes: 
Schemes that also share the same hearing level: NRCOSUBO0009 NRCOSUBJ0010
Resources & Articles: 
NRC Web Page Re: DOE Yucca Mountain Application: http://www.nrc.gov/waste/hlw-disposal/yucca-lic-app.html
NRC Web Page Update Re: Status of DOE Yucca Mtn. Application: http://www.nrc.gov/waste/hlw-disposal.html
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: 
* Public Participation/Heavy Standing Requirements: While all HLW applications are publicly-noticed, and permit public participation by interested or affected parties, NRC's regulatory standard for granting such requests is relatively high and parties must put all their evidence "up front" in their motion papers stating their contentions. The standards is akin to showing necessary for standing in federal courts. (Note: Contrast FERC proceedings, many/most of which permit participation/intervention by the public or affected entities, but which sets a much lower evidentiary threshold.) * Extensive Use of Electronic Case/Document Management: Proceedings on HLW applications make use of e-filing of both briefs and documentary materials required. Effectively creates e-document databases for each proceeding. (See 10 CFR 2.1003 - 2.1013). For an example of some publicly-posted e-materials related to an HLW application, see the NRC web page on Yucca Mountain: http://www.nrc.gov/waste/hlw-disposal/yucca-lic-app.html.
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