Streamlining the NRC’s Contested Hearing Process

The NRC’s contested hearing process for resolving challenges to an application from interested persons is integral to the NRC’s decision-making on the application. To support the expedited timelines and efficiency directives in the ADVANCE Act and Executive Order (EO) 14300, the NRC has published a proposed rule that would streamline its contested hearing process on license applications. The proposed changes would make hearings faster, more efficient, and less burdensome, while maintaining fairness for all parties and ensuring accurate hearing decisions.

This proposed rule is part of broader reforms from EO 14300 aimed at increasing U.S. nuclear capacity and reestablishing the United States as the global leader in nuclear energy. EO 14300 imposes 18-month and 1-year decision-making deadlines for certain applications and directs the NRC to adopt shorter deadlines when appropriate. This rulemaking would enable the NRC to meet EO 14300 deadlines for applications even when they are the subject of hearing requests by accelerating timelines, simplifying procedures, and reducing burdens, while preserving hearing rights and protecting safety and security. Under the proposed rule, independent legal and technical judges from the Atomic Safety and Licensing Board Panel would continue to preside over contested hearings.

The proposed rule includes major reform measures that would:

• Resolve evidentiary hearings in a few months and accelerate appeals
• Start hearings as soon as practicable after a challenge to an application is admitted for hearing
• Tailor hearing procedures to the nature of the challenge in question rather than always mandating formal procedures
• Ensure that later-filed challenges do not unnecessarily delay NRC licensing decisions
• Reduce discovery burdens for all parties

The proposed rule, Streamlining Contested Adjudications in Licensing Proceedings, as published in the Federal Register is available (91 FR 10450). The proposed rule and additional documents related to this effort are available on regulations.gov under Docket ID NRC-2025-1501. These include:

• an unofficial redline of the rule language to assist stakeholders in viewing the proposed changes to NRC regulations
• an unofficial flowchart that compares timelines in the proposed rule to timelines under current requirements for all hearing tracks
• a set of more detailed unofficial flowcharts that compare proposed and current requirements on an individual hearing track basis

These unofficial documents are not a substitute for reviewing the proposed rule. Comments should be made on the proposed rule, not on the unofficial documents. Finally, if any conflict exists between the proposed rule and an unofficial document, the proposed rule published in the Federal Register is the controlling document.

The due date for comments on the proposed rule can be found on regulations.gov under Docket ID NRC-2025-1501. The proposed rule includes additional instructions for submitting comments.

The NRC is planning to hold a public meeting during the public comment period. Please visit the NRC’s public meeting website to find information on upcoming public meetings.