United States Nuclear Regulatory Commission - Protecting People and the Environment

W23  The Administrative Hearing Process: What Can the NRC Learn from Other Agencies?

Under the Atomic Energy Act, individuals who are directly affected by any licensing action involving a facility producing or utilizing nuclear materials can participate in a hearing before independent judges of NRC’s Atomic Safety and Licensing Board Panel (ASLBP). Other agencies, both Federal and State, also conduct administrative hearings, but in some areas their procedures differ from those employed by the NRC. In this session, we propose to examine the hearing procedures used by several other agencies to see how they differ from NRC procedures and whether any useful lessons can be learned. We will focus on agencies that, like the NRC, issue permits for large-scale private industrial activities, such as the U.S. Environmental Protection Agency and the Federal Energy Regulatory Commission. We also expect to have a representative of the Maryland Public Utility Commission to gain a State perspective. The specific aspects of the hearing process we expect to compare with NRC procedures include the timing of the petitioners’ request for a hearing, standing requirements for petitioners, the availability of discovery and other pre-hearing procedures, the conduct of the hearing, the role of the judge(s) and agency staff counsel, and the appellate process.

SESSION CHAIR(S):

SPEAKERS/PANELISTS:

  • Introductory Remarks
    Ronald Spritzer, Administrative Judge, ASLBP/NRC and William Froehlich, Administrative Judge, ASLBP/NRC and William Froehlich, Administrative Judge, ASLBP/NRC
  • Overview and Highlights of ACUS Federal Administrative Adjudication Project
    Gretchen E. Jacobs, Research Director, Administrative Conference of the United States
  • FERC Comparisons
    Jerome Nelson, Adjunct Professor, American University, Washington College of Law and the University of Maryland School of Law
  • Environmental Adjudication at the EPA
    Kathie A. Stein, Environmental Appeals Judge, Environmental Appeals Board, U.S. Environmental Protection Agency
  • The Adminstrative Hearing Process of the Maryland Public Service Commission
    Terry J. Romine, Chief Public Utility Law Judge, Maryland Public Service Commission

SESSION COORDINATOR(S):

Page Last Reviewed/Updated Friday, May 23, 2014