As encouraged by the Administrative Dispute Resolution Act, as amended (ADRA), the U.S. Nuclear Regulatory Commission (NRC) regularly uses collaborative "roundtable" and facilitated public meetings to discuss rulemaking, policy issues, and environmental impacts of proposed agency actions. In addition, the NRC offers a variety of Alternative Dispute Resolution (ADR) Programs that may be used in lieu of litigation to resolve potential disputes. For additional information about NRC programs that involve the use of ADR techniques, see the following topics on this page:
Licensing and Enforcement
In licensing and enforcement proceedings conducted under the Atomic Energy Act of 1954, as amended, the NRC encourages settlement of issues that are proposed for litigation and provides for the use of settlement judges in its rules of practice at Title 10, Section 2.338, of the Code of Federal Regulations (10 CFR 2.338). While ADR procedures are commonly used in the enforcement proceedings, ADR procedures are also available for use in other proceedings including adjudicatory hearings requested by members of the public on applications to construct or operate advanced nuclear reactors. The NRC’s processes allow parties to employ various methods of alternate dispute resolution to address issues without the need for litigation. For more information, send an email to the Hearing Docket at Hearing.Docket@nrc.gov.
The NRC's Office of Enforcement uses a voluntary ADR program comprised of two entirely different sub-programs; the first is pre-investigation and the second is Enforcement ADR. The first sub-program, commonly referred to as "Early ADR," is offered prior to the initiation of an investigation by the NRC's Office of Investigations (OI). Early ADR is available to allegers and their employers for resolving allegations of discrimination only. The second sub-program, formerly referred to as "Post-Investigation ADR," may be offered at three stages after the completion of an investigation by OI. Enforcement ADR is available to licensees (including contractors and employees) and the NRC for resolving wrongdoing cases where the NRC has concluded that enforcement may be warranted. Enforcement ADR is also available for escalated non-willful (traditional) enforcement cases, with the potential for civil penalties (not including violations associated with findings assessed through the Reactor Oversight Process (ROP)). For more information, see Alternative Dispute Resolution in the NRC's Enforcement Program.
Equal Employment Opportunity
The NRC's Office of Small Business and Civil Rights offers ADR to NRC employees and applicants for employment, as a means of resolving complaints related to equal employment opportunity (EEO) and employment discrimination. As such, ADR supplements (rather than replaces) the NRC's formal Employment Discrimination Complaint Process.
In this context, employees or applicants may request ADR at the pre-complaint stage and/or the formal complaint stage of the discrimination complaint process [i.e., after filing a formal complaint, but prior to requesting an Equal Employment Opportunity Commission (EEOC) hearing]. When ADR is requested, the NRC primarily uses mediation (provided by contractors). For more information, see Alternative Dispute Resolution in the NRC's EEO Program.
Page Last Reviewed/Updated Friday, December 20, 2024