Office of the General Counsel

On this Page:

• Office of the General Counsel
• Solicitor
• Deputy General Counsel for Licensing, Hearings, and Enforcement
• Program Support Branch
• Assistant General Counsel for Reactor Programs
• Assistant General Counsel for Materials, Fuel Cycle and Waste Programs
• Assistant General Counsel for Security and Enforcement
• Deputy General Counsel for Legislation, Rulemaking, and Agency Administration
• Assistant General Counsel for Labor, Employment, and Contract Law
• Assistant General Counsel for Legislation, Ethics, and Administrative Law
• Assistant General Counsel for Rulemaking, Agreement States, and Fee Policy

Office of the General Counsel

General Counsel: Brooke P. Clark

Directs matters of law and legal policy, providing opinions, advice, and assistance to the agency with respect to all of its activities; reviews draft Commission opinions on public petitions seeking direct Commission action and rulemaking proceedings; monitors adjudicatory proceedings, and reviews draft Commission adjudicatory decisions; provides interpretation of laws, regulations, and other sources of authority, and the legal form and content of proposed official actions; represents and advises staff offices in all programmatic activities and administrative litigation in connection with licensing and enforcement; prepares or concurs in all contractual documents, interagency agreements, delegations of authority, regulations, orders, licenses, and other legal documents, and prepares legal interpretations thereof; represents NRC in administrative proceedings related to such matters as personnel, procurement, and equal employment opportunity; reviews and directs intellectual property work; represents and protects the interest of the NRC in legal matters, in court proceedings, and in relation to other government agencies, administrative bodies, committees of Congress, foreign governments, and members of the public; provides legal advice to the Commission (including staff), and represents the Commission in courts of appeals proceedings to review Commission orders and rules; and, in cooperation with the Department of Justice, represents the Commission in court proceedings affecting the agency's programs in the federal district courts and the Supreme Court.

Solicitor

Andrew Averbach

Assists the General Counsel in all aspects in the role as chief legal officer of and legal advisor to the NRC with primary responsibility in matters involving the supervision of litigation in courts of law; and represents the NRC in litigation before the courts of appeals and in conjunction with the Department of Justice in other federal courts. Provides counsel to NRC employees called to testify concerning official duties in cases in which NRC is not a party. Advises the Commission on litigative risk of proposed actions.

Deputy General Counsel for Licensing, Hearings, and Enforcement

Deputy General Counsel: Mary Spencer

Advises the General Counsel on all licensing, inspection, and enforcement activities and the implementation of the Commission's enforcement program. Serves as the senior legal official for all agency adjudicatory matters subject to the separation of functions laws and, for those matters, is principal legal advisor to the Executive Director for Operations. Provides advice on all aspects of reactor licensing (including license transfers, license renewal and design certification), materials licensing, and enforcement and regulatory oversight of reactor and materials licensees. In carry out these duties, provides advice on the implementation Atomic Energy Act of 1954, as amended, the National Environmental Policy Act (and other environmental laws), the Administrative Procedure Act, and other legal sources affecting the activities of the NRC. As assigned by the General Counsel, is responsible for OGC budget development and serves as OGC’s representative on panels, task forces, or boards associated with matters of agency management.

Program Support Branch

Chief: Allison Robinson

Provides to the General Counsel program analysis and direction of program support activities. Responsible for program development and evaluation in the areas of resource utilization, personnel management, and organizational planning and analysis. Provides office services, including human resources, recruitment, training, information technology, equipment, space, correspondence control, mail and records control, budget formulation and financial management, and maintains Legal Research Center and legislative reference service functions.

Assistant General Counsel for Reactor Programs 

Assistant General Counsel: Susan Vrahoretis

The RP Division assists the General Counsel in providing legal advice and support regarding operating reactor licensing, new reactor licensing, advanced reactor licensing, operator licensing, reactor license transfers, reactor decommissioning, and research and test reactor licensing.  In addition to this licensing work, RP handles related litigation before the Atomic Safety and Licensing Boards and the Commission.

Assistant General Counsel for Materials, Fuel Cycle and Waste Programs 

Assistant General Counsel: Mauri Lemoncelli

The MFW Division assists the General Counsel in providing legal advice and support in connection with licensing work for materials, fuel cycle, spent fuel storage and disposal, fuel packaging and transportation, and low- and high-level waste storage and disposal.  In addition to this licensing work, MFW handles related litigation before the Atomic Safety and Licensing Boards and the Commission.

Assistant General Counsel for Security and Enforcement 

Assistant General Counsel: Shannon Rogers

The SE Division assists the General Counsel in providing legal advice and support in connection with security and enforcement matters.  SE advises, represents, and assists the NRC staff with respect to all reactor and materials enforcement matters, including cases before the Atomic Safety and Licensing Boards and the Commission.  SE also handles the legal sufficiency function, which includes the provision of advice to the Office of Small Business and Civil Rights on certain equal employment opportunity matters.

Deputy General Counsel for Legislation, Rulemaking, and Agency Administration

Deputy General Counsel: Patrick Moulding

Advises the General Counsel on general legal policy in connection with legislative matters, rulemaking, and agency administration.  Provides legal and policy advice on matters including legislation, ethics, administrative law, information law, nuclear non-proliferation, NRC procedures, international matters, and agency adjudications.  Provides legal advice and assistance on: the promulgation and amendment of NRC regulations, guidance documents, and policy statements pertinent to construction and operation of nuclear facilities (including nuclear power plants and fuel facilities), nuclear materials, and waste; Agreement State and Tribal issues; backfit and issue finality matters; and advice to Office of the Chief Financial Officer on fee policy, the annual fee rule, fee disputes, and fee waivers.  Provides legal advice on labor, employment, procurement, and other administrative functions of the agency.  As assigned by the General Counsel, is responsible for OGC budget development and serves as OGC’s representative on panels, task forces, or boards associated with matters of agency management.

Assistant General Counsel for Labor, Employment, and Contract Law

Assistant General Counsel: Brian Harris

The LECL Division assists the General Counsel in providing legal advice and support on legal matters relating to the operation and administration of the agency.  The division’s practice covers a broad spectrum of activities, including hiring and discipline of employees, employee pay and benefits, labor and union matters, equal employment opportunity issues, tort and employee claims, contracts, grants, and interagency agreements, security clearance, building and property management, and fiscal matters (e.g., Anti-Deficiency Act and budget matters).  LECL represents the NRC in administrative hearings involving procurement, labor and employment, personnel security, claims, and equal employment opportunity matters.

Assistant General Counsel for Legislation, Ethics, and Administrative Law

Assistant General Counsel: Tison Campbell

The LEAL Division assists the General Counsel in providing legal advice and support to the Commission with matters in Congress and the courts, and advises the agency on fundamental administrative law matters, including information law and intellectual property. LEAL advises on international matters such as treaties and conventions, international arrangements and project agreements, and exports and imports. LEAL advises the Commission and the Secretary on the responsibilities of the Commission and internal Commission governance; drafting and interpreting legislation and supporting the agency in its dealings with Congress; bankruptcy matters; and administers the agency’s ethics program. LEAL also supports the Commission in non-appellate adjudicatory matters and the Solicitor in federal court litigation.

Assistant General Counsel for Rulemaking, Agreement States, and Fee Policy

Assistant General Counsel: Jessica Bielecki

The RASFP Division assists the General Counsel in providing legal advice and support to the Commission and staff with respect to the promulgation and amendment of NRC regulations and guidance issued in conjunction with new or amended rules and policy statements pertinent to the licensing, construction, and operation, and security of nuclear facilities (including nuclear power plants and fuel facilities) and nuclear materials.  RASFP advises on backfitting and issue finality and maintains the Backfitting Community of Practice.   RASFP advises on Agreement State and Tribal matters and advises the Office of the Chief Financial Officer on the annual fee rule, fee disputes, and fee waivers.