United States Nuclear Regulatory Commission

Office of Public Affairs

Washington, DC 20555

Phone 301-415-8200 Fax 301-415-2234

Internet:opa@nrc.gov

No. 98-141 FOR IMMEDIATE RELEASE

(Monday, August 10, 1998)

COMMISSION ADOPTS POLICY STATEMENT TO IMPROVE

CONDUCT OF HEARINGS

The Nuclear Regulatory Commission has adopted a new policy

statement outlining steps for more efficient conduct of legal

proceedings by NRC administrative judges and licensing boards.

The Commission has taken this action after critically

reassessing its adjudicatory practices and procedures, within the

framework of its existing Rules of Practice. It also has

considered the potentially significant number of hearings in the

next few years because of license renewal requests, license

amendments caused by electrical industry restructuring, and the

licensing of radioactive waste storage facilities.

During its review, the Commission considered existing

policies and rules, recent experience with and criticism of

agency proceedings, and some innovative techniques that have been

used by Federal courts, hearing boards and presiding officers to

make the process more efficient.

The Commission has further reiterated its commitment to

fair, expeditious hearings that produce an adequate record for

decision.

The NRC is seeking public comment on the document, which was

published in the Aug. 5 edition of the Federal Register and which

will be published shortly in Nuclear Regulatory Commission

Issuances, the official record of Commission legal decisions.

Specific approaches discussed in the policy statement can be

accomplished within current regulations. Some of the highlights:

ˇ The Commission continues to endorse its 1981 “Statement of

Policy on Conduct of Licensing Proceedings.” In accordance

with that statement, licensing boards and presiding officers

should continue to make timely rulings on pre-hearing

matters, encourage negotiation and settlements, consolidate
hearing parties, and issue initial decisions as soon as

practicable.

ˇ The Commission, when appropriate, will use its inherent

supervisory authority over licensing boards, including its

power to assume part or all of the functions of the

presiding officer in a particular proceeding.

ˇ Adjudicatory matters referred to the Commission will be

handled promptly.

ˇ Licensing boards are encouraged to consider using new

technologies, such as electronic filings, to expedite

proceedings, and--when practicable--to utilize their

authority to shorten the filing and response times set forth

in the Commission’s Rules of Practice.

ˇ The Chief Administrative Judge of the Atomic Safety and

Licensing Board Panel should consider–-but only in

appropriate circumstances where the proceeding will be

expedited without undue burden on the parties--the

appointment of additional presiding officers or licensing

boards to handle individually distinct issues simultaneously

in a proceeding.

ˇ The Commission or licensing boards should establish

schedules in individual proceedings. The licensing boards

must promptly inform the Commission in writing if any

Commission-set milestone in a proceeding could be missed by

more than 30 days.

ˇ Licensing boards are expected to enforce parties’ compliance

with time frames for filings specified in the Rules of

Practice.

ˇ A licensing board should consider matters not raised by the

parties only when a serious issue of safety, environmental

threat, or common defense and security exists. When a board

so acts, it must notify both the Commission and the NRC

General Counsel in writing, and receive the Commission’s

approval to consider such issues.

ˇ In nuclear power plant license renewal cases, licensing

boards are encouraged to refer questions about novel issues

to the Commission for resolution early in the proceeding.

ˇ To reduce the time spent in pre-hearing phases, licensing

boards should set reasonable bounds and schedules for the

discovery process by which parties make documentary evidence

available to each other.
The policy statement was effective on the date of

publication in the Federal Register. Comments are due no later

than Oct. 5.

Written comments should be sent to The Secretary of the

Commission, U.S. Nuclear Regulatory Commission, Washington, DC

20555, ATTN: Rulemakings and Adjudications Staff. They may be

hand-delivered to 11555 Rockville Pike, Rockville, Maryland,

between 7:45 a.m. and 4:15 p.m. on Federal workdays.

The policy statement also will be posted on the NRC’s

Internet web page at: http://www.ruleforum.llnl.gov/cgibin/rulemake.

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