Agency: 
Nuclear Regulatory Commission
Scheme Nickname: 
Simplified hearings under Subparts C/L

Informal adjudication under Subparts C/L on a variety of contested and uncontested matters relating to domestic nuclear facilities or materials, including: enforcement proceedings by NRC to impose penalties for AEA violations; amendments to reactor licenses; licenses for commercial use of nuclear materials; and licenses for construction or operation of nuclear reactors. Broadly speaking, issues contested in ASLB licensing adjudications fall into two general categories: (1) safety/technical issues arising under the AEA; and (2) environmental issues arising under the National Environmental Policy Act (NEPA). According to NRC's website, hearings conducted by the ASLB "are among the most complex and sometimes most controversial administrative proceedings conducted by the Federal Government."

Current NRC regulations in Part 2 set forth a complex, multi-track adjudication system. This scheme covers proceedings conducted under the "simplified" hearing procedures in Subparts C & L, which are -- according to NRC -- represent the bulk of its informal proceedings. (Note: Until 2004, many of these adjudications were regarded by NRC as requiring formal, APA-style proceedings. They were "de-formalized" in 2004 in somewhat controversial regulatory revisions to the rules of practice. See discussion below.)

Comments/Notes on Adjudication Structure: 
Current NRC regulations in Part 2 set forth a complex, multi-track adjudication system. As noted above, this scheme covers proceedings conducted under the "simplified" hearing procedures in Subparts C & L, which are -- according to NRC -- represent the bulk of its informal proceedings. However, there are other smaller procedural "twists" to informal adjudications set forth in other subparts, including Subpart K (hybrid procedures for expansion of spent nuclear fuel storage capacity at civilian nuclear power reactors), and N (expedited proceedings with oral hearings).
Types of Adjudication: 
Type B
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.
Comments/Notes on Related Schemes: 
For the instant scheme, assuming hearing-level proceegings are conducted by an ASLB panel, this scheme shares the same hearing and appellate body -- the Commission -- as the two schemes listed above relating to NRC formal hearings under Part 2/Subpart G (NRCOSUBG0001), and high-level waste repository applications (NRCOSUBJ0010). Additionally, the instant scheme and the NRC scheme for formal APA-style hearings in various non-program areas (NRCOALJO0002) share the same appellate body (the Commission).
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