U.S. NUCLEAR REGULATORY COMMISSION MANAGEMENT DIRECTIVE (MD)

For updates or revisions to policies contained in this MD that were issued after the MD was signed, 

please see the Yellow Announcement to Management Directive index (YA-to-MD index).

MD 9.5 ORGANIZATION AND FUNCTIONS, 

ATOMIC SAFETY AND LICENSING 

BOARD PANEL

DT-19-11

Volume 9: NRC Organization and Functions

Approved By: Kristine L. Svinicki, Chairman

Date Approved: July 25, 2019

Cert. Date: N/A, for the latest version of any NRC directive or handbook, see the online 

MD Catalog.

Issuing Office: Atomic Safety and Licensing Board Panel

Contact Name: Emily I. Krause

EXECUTIVE SUMMARY

Management Directive 9.5 replaces Manual Chapter 0106 and is revised to (1) include 

appropriate office functions in the handbook, (2) add the Licensing Support Network library 

coordinator and hearing audio and video support functions to the Atomic Safety and Licensing 

Board Panel responsibilities, and (3) reflect a change of titles from Deputy Chief Administrative 

Judge (Executive) to Associate Chief Administrative Judge (Legal) and from Deputy Chief 

Administrative Judge (Technical) to Associate Chief Administrative Judge (Technical).

TABLE OF CONTENTS

I. SUPERVISION.....................................................................................................................2

II. FUNCTIONS ........................................................................................................................2

III. DELEGATION OF AUTHORITY TO THE CHIEF ADMINISTRATIVE JUDGE, THE 

ASSOCIATE CHIEF ADMINISTRATIVE JUDGE (LEGAL), AND THE 

ASSOCIATE CHIEF ADMINISTRATIVE JUDGE (TECHNICAL) .......................................2

IV. DELEGATION OF AUTHORITY TO ATOMIC SAFETY AND LICENSING 

BOARDS AND PRESIDING OFFICERS.............................................................................3

V. REDELEGATION OF AUTHORITY.....................................................................................3

VI. REFERENCES.....................................................................................................................3
MD 9.5 ORGANIZATION AND FUNCTIONS, ATOMIC 

SAFETY AND LICENSING BOARD PANEL

Date Approved: 7/25/2019

For the latest version of any NRC directive or handbook, see the online MD Catalog. 2

I. SUPERVISION

The Atomic Safety and Licensing Board Panel (the Panel) is under the supervision of the 

Chief Administrative Judge, who reports to the Commission.

II. FUNCTIONS

Established pursuant to Section 191 of the Atomic Energy Act, the Panel conducts hearings 

on disputed matters before the U.S. Nuclear Regulatory Commission and performs other 

regulatory functions authorized by the Commission. Specifically, the Panel—

A. Conducts adjudicatory hearings involving (1) nuclear reactor licensing, nuclear materials 

licensing, or nuclear waste licensing; (2) proceedings contesting NRC staff enforcement 

actions; (3) disputes concerning employee-related matters, including Program Fraud 

Civil Remedies Act proceedings; and (4) such other matters as the Commission may 

authorize. 

B. Monitors all proposed rules, final rules, and legislation affecting the NRC’s adjudicatory 

hearing process and advises the Commission and other Commission offices when 

potential problems or issues exist. 

C. In conjunction with other NRC offices, assists in developing the NRC’s electronic 

adjudicatory docket and developing electronic document filing for adjudicatory hearings. 

D. Provides mediation and facilitation services for use in adjudicatory proceedings and in 

such other circumstances as may be requested by the agency.

E. Manages the provision of verbatim reporting services for the Panel and all other NRC 

headquarters offices, including the Commission.

F. Provides information technology support functions for adjudicatory hearings, including, in 

conjunction with the Office of the Secretary, coordinating (1) the implementation and 

operation of the Licensing Support Network (LSN) library, which consists of documentary 

discovery material associated with the high-level waste repository licensing proceeding, 

in the Agencywide Documents Access and Management System; and (2) LSN Advisory 

Review Panel activities.
MD 9.5 ORGANIZATION AND FUNCTIONS, ATOMIC 

SAFETY AND LICENSING BOARD PANEL

Date Approved: 7/25/2019

For the latest version of any NRC directive or handbook, see the online MD Catalog. 3

III. DELEGATION OF AUTHORITY TO THE CHIEF ADMINISTRATIVE JUDGE, THE 

ASSOCIATE CHIEF ADMINISTRATIVE JUDGE (LEGAL), AND THE ASSOCIATE 

CHIEF ADMINISTRATIVE JUDGE (TECHNICAL)

The Chief Administrative Judge, the Associate Chief Administrative Judge (Legal), and the 

Associate Chief Administrative Judge (Technical), are authorized and directed to take such 

action as is necessary to carry out the functions assigned by 10 CFR Part 2 and other

official agency directives or communications, subject to any limitations prescribed therein. 

IV. DELEGATION OF AUTHORITY TO ATOMIC SAFETY AND LICENSING BOARDS 

AND PRESIDING OFFICERS

Atomic Safety and Licensing Boards and presiding officers are authorized and directed to take 

such action as is necessary to carry out the functions assigned by 10 CFR Part 2 and other 

official agency directives or communications, subject to any limitations prescribed therein. 

V. REDELEGATION OF AUTHORITY

The delegated authority of Atomic Safety and Licensing Boards and presiding officers may 

not be further redelegated.

VI. REFERENCES

Code of Federal Regulations

Title 5, Chapter 1, Office of Personnel Management

Part 930, “Programs for Specific Positions and Examinations (Miscellaneous).”

Title 10, Chapter 1, “Nuclear Regulatory Commission”

Part 1, “Statement of Organization and General Information.”

Part 2, “Agency Rules of Practice and Procedure.”

Part 13, “Program Fraud Civil Remedies.”

Nuclear Regulatory Commission Documents

Management Directive 10.153, “Administrative Judges―Compensation and Staffing.”

United States Code

Administrative Procedure Act (5 U.S.C. 554, 556-558).

Atomic Energy Act of 1954, as amended, Section 191 (42 U.S.C. 2241). 

Energy Reorganization Act of 1974, as amended, Section 201(g)(1) (42 U.S.C. 5841).
MD 9.5 ORGANIZATION AND FUNCTIONS, ATOMIC 

SAFETY AND LICENSING BOARD PANEL

Date Approved: 7/25/2019

For the latest version of any NRC directive or handbook, see the online MD Catalog. 4

Federal Advisory Committee Act (5 U.S.C., App.).

Nuclear Waste Policy Act of 1982, as amended, Section 114(d) (42 U.S.C. 10134).

Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). 
U.S. NUCLEAR REGULATORY COMMISSION DIRECTIVE HANDBOOK (DH)

For updates or revisions to policies contained in this MD that were issued after the MD was signed, 

please see the Yellow Announcement to Management Directive index (YA-to-MD index).

DH 9.5 ORGANIZATION AND FUNCTIONS, 

ATOMIC SAFETY AND LICENSING 

BOARD PANEL

DT-19-11

Volume 9: NRC Organization and Functions

Approved By: Kristine L. Svinicki, Chairman

Date Approved: July 25, 2019

Cert. Date: N/A, for the latest version of any NRC directive or handbook, see the online 

MD Catalog.

Issuing Office: Atomic Safety and Licensing Board Panel

Contact Name: Emily Krause

EXECUTIVE SUMMARY

Management Directive 9.5 replaces Manual Chapter 0106 and is revised to (1) include 

appropriate office functions in the handbook; (2) add the Licensing Support Network library 

coordinator and hearing audio and video support functions to the Atomic Safety and Licensing 

Board Panel responsibilities; (3) reflect a change of titles (a) from Deputy Chief Administrative 

Judge (Executive) to Associate Chief Administrative Judge (Legal), (b) from Deputy Chief 

Administrative Judge (Technical) to Associate Chief Administrative Judge (Technical), and 

(c) from Executive Secretary to Director for the Program Support and Technology Staff; and 

(4) reflect an organizational name change from the Program Support and Analysis Staff to the 

Adjudicatory Support and Technology Staff. 

TABLE OF CONTENTS

DESCRIPTIONS OF FUNCTIONS ......................................................................................2

A. Functions of the Chief Administrative Judge..................................................................2

B. Functions of the Associate Chief Administrative Judge (Legal) .....................................4

C. Functions of the Associate Chief Administrative Judge (Technical)...............................4

D. Functions of Panel Administrative Judges (Legal and Technical) and 

Administrative Law Judges.............................................................................................4

E. Functions of the Chief Counsel and the Legal Support Staff .........................................5

F. Functions of the Adjudicatory Support and Technology Staff, Director 

and Staff.........................................................................................................................5
DH 9.5 ORGANIZATION AND FUNCTIONS, ATOMIC 

SAFETY AND LICENSING BOARD PANEL

Date Approved: 7/25/2019

For the latest version of any NRC directive or handbook, see the online MD Catalog. 2

DESCRIPTIONS OF FUNCTIONS

A. Functions of the Chief Administrative Judge

Coordinates the activities of the Atomic Safety and Licensing Board Panel (the Panel), 

which is composed of members appointed by the Commission who separately are 

designated to serve on individual Atomic Safety and Licensing Boards or as a single 

presiding officer in adjudicatory proceedings, and performs related functions. 

Specifically, the Chief Administrative Judge—

1. Develops and implements the necessary policies and procedures to assure the 

expeditious conduct of the Panel’s activities. 

2. Coordinates and supervises activities of licensing boards and presiding officers. 

3. Assigns Panel members to serve as presiding officers and to serve on licensing boards. 

4. Assigns Panel members to serve as special assistants (Panel members who may 

offer advice on particular subject matter) to presiding officers or licensing boards and 

as settlement judges. 

5. In accordance with the procedures specified in Management Directive 10.153,

“Administrative Judges – Compensation and Staffing,” recommends individuals to 

the Chairman for appointment to the Panel.

6. Recommends individuals to the Chairman for appointment as Associate Chief 

Administrative Judge (Legal) and Associate Chief Administrative Judge (Technical).

7. Develops policies and procedures applicable to the activities of various licensing 

boards and presiding officers and, as appropriate, makes recommendations to the 

Commission relating to the conduct of hearings, hearing procedures, and policies for 

the guidance of licensing boards and presiding officers, including methods of 

achieving improved regulatory efficiency and effectiveness. 

8. Acts as spokesman for the Panel in matters relating to its activities and those of 

licensing boards and presiding officers. 

9. Informs the Panel of Commission policies and procedures affecting the conduct and 

activities of licensing boards and presiding officers.

10. Serves from time to time as a Chairman or a member of a licensing board or as a 

presiding officer in adjudicatory proceedings.
DH 9.5 ORGANIZATION AND FUNCTIONS, ATOMIC 

SAFETY AND LICENSING BOARD PANEL

Date Approved: 7/25/2019

For the latest version of any NRC directive or handbook, see the online MD Catalog. 3

11. Makes recommendations to the Commission relating to licensing, inspection, 

compliance, and enforcement procedures, policies, and practices as may be 

appropriate in light of experience on licensing boards and as a presiding officer in 

presiding over adjudicatory proceedings and based upon recommendations from 

Panel management and, as appropriate, the Panel as a whole. 

12. Monitors developments in administrative law and procedure arising out of the activities, 

reports, and decisions of administrative agencies, courts, legal writers, and State and 

local agencies, and keeps Panel members current regarding such developments. 

13. Maintains liaison with the Chief Administrative Law Judges of other Federal and 

State regulatory agencies, the Conference of Administrative Law Judges, and the 

Office of Personnel Management’s (OPM’s) Office of Administrative Law Judges, 

and informs members of the Panel of developments relating to the role of hearing 

officers and the conduct of the administrative process.

14. Develops an educational training and orientation program for Panel judicial members 

and staff on an in-house basis and through facilities available in other agencies or 

organizations to promote opportunities for advanced professional education and 

orientation. 

15. Develops summaries of new technical developments, information, and guidance 

materials for distribution to members of the Panel on a current basis. 

16. Acts for a licensing board or as a presiding officer on applications for subpoenas 

under the circumstances described in Title 10 of the Code of Federal Regulations 

(10 CFR) 2.319(b) and 2.702(a). 

17. With his or her authorization, signs an issuance for a Panel member who is not 

otherwise available to execute the issuance.

18. With the Office of the Secretary, coordinates (1) the implementation and operation of 

the Licensing Support Network (LSN) library, which consists of documentary 

discovery material associated with the high-level waste repository licensing 

proceeding, in the Agencywide Documents Access and Management System; and 

(2) LSN Advisory Review Panel activities.

19. Provides management supervision of the Panel’s hearing audio and video support 

functions. 

20. Provides management oversight for the NRC verbatim reporting services contract. 

21. Performs such other functions as may be assigned by the Commission. 
DH 9.5 ORGANIZATION AND FUNCTIONS, ATOMIC 

SAFETY AND LICENSING BOARD PANEL

Date Approved: 7/25/2019

For the latest version of any NRC directive or handbook, see the online MD Catalog. 4

B. Functions of the Associate Chief Administrative Judge (Legal)

1. Appointed by the Chairman in consultation with the Commission.

2. Responsibilities include the following:

(a) Acts for the Chief Administrative Judge in his or her absence, performing all 

the duties and exercising all the powers of that position.

(b) Serves from time to time as a Chairman or a member of a licensing board or 

as a presiding officer in adjudicatory proceedings.

(c) Performs such other duties as may be assigned by the Chief Administrative 

Judge. 

C. Functions of the Associate Chief Administrative Judge (Technical)

1. Appointed by the Chairman in consultation with the Commission. 

2. Responsibilities include the following:

(a) Acts for the Chief Administrative Judge in the absence of the Chief 

Administrative Judge and the Associate Chief Administrative Judge (Legal), 

performing all the duties and exercising all the powers of that position. 

(b) Serves from time to time as a member of a licensing board. 

(c) Performs such other duties as may be assigned by the Chief Administrative 

Judge. 

D. Functions of Panel Administrative Judges (Legal and Technical) and 

Administrative Law Judges

1. Panel administrative judges are lawyers or technical members with expertise in a 

wide variety of disciplines. Unlike an administrative law judge, Panel administrative 

judges are not subject to the OPM requirements set forth in 5 CFR Part 930, Subpart 

B. Nonetheless, as a matter of policy the Commission follows 5 CFR 930.206, which 

is intended to ensure the independence of judicial officers by prohibiting the rating of 

their performance.

2. Panel administrative judges conduct such hearings as the Commission may 

authorize or direct, make such intermediate or final decisions as the Commission 

may authorize in proceedings to grant, suspend, revoke, or amend licenses or 

authorizations, and perform such other regulatory functions as the Commission 

deems appropriate. 
DH 9.5 ORGANIZATION AND FUNCTIONS, ATOMIC 

SAFETY AND LICENSING BOARD PANEL

Date Approved: 7/25/2019

For the latest version of any NRC directive or handbook, see the online MD Catalog. 5

3. Adjudicatory hearings conducted pursuant to 10 CFR Part 2, Subparts B, G, J, K, L, 

and N, of the Commission’s Rules of Practice are presided over by administrative 

law judges or licensing boards that are assigned from the Panel’s membership. 

4. Adjudicatory hearings conducted pursuant to 10 CFR Part 2, Subpart M, of the 

Commission’s Rules of Practice are presided over by an administrative law judge or 

by a licensing board or a single administrative judge assigned from the Panel’s 

membership.

5. In performing their functions, administrative law judges, licensing boards, and 

administrative judges appointed as presiding officers exercise the powers of a 

presiding officer as granted by 10 CFR Part 2. 

6. To the extent permitted under the Administrative Procedure Act (5 U.S.C. 554, 556-558), 

civil penalty and other cases may be heard and decided by an administrative law judge 

sitting alone. Administrative law judges assigned to the NRC also can serve as a lawyer 

member of a licensing board or as a presiding officer when their duties and 

responsibilities permit such service. 

E. Functions of the Chief Counsel and the Legal Support Staff

1. Provide legal opinions and recommendations to the Panel. 

2. Conduct legal research and prepare draft legal memoranda and opinions for 

licensing boards and presiding officers in conjunction with panel adjudicatory 

proceedings. 

3. Assist the Chief Administrative Judge by monitoring and reporting on current legal 

and procedural developments affecting the Panel.

4. Assist the Chief Administrative Judge in administrative matters, including 

administering the Panel’s law clerk and legal intern programs, formulating the Panel 

budget and workload estimate, and drafting Panel reports and publications. 

F. Functions of the Adjudicatory Support and Technology Staff, Director and Staff

1. Provide day-to-day administrative and managerial support to the Panel. 

2. Maintain administrative support services for Panel activities dealing with case docket 

files, computer systems and applications, requisitioning of supplies and services, 

inventory maintenance, technical and legal library services, Panel member travel and 

hearing venue arrangements, and statistical reporting. 

3. Serve as Panel liaison for such administrative matters as panel meetings, contracts, 

fiscal budget and financial planning, hearing arrangements, and personnel and 

security issues. 
DH 9.5 ORGANIZATION AND FUNCTIONS, ATOMIC 

SAFETY AND LICENSING BOARD PANEL

Date Approved: 7/25/2019

For the latest version of any NRC directive or handbook, see the online MD Catalog. 6

4. Manage the verbatim reporting services contract for the Panel and other NRC 

headquarters offices, including the Commission. 

5. Manage and support hearing audio and video functions, which provide electronic

presentation capabilities in agency licensing and enforcement adjudications in both 

the Panel’s Rockville, Maryland, hearing room and remote locations. This includes 

performing the following functions:

(a) Coordinates access to, and the functioning of, hearing audio and video 

equipment, as well as coordinating the resolution of technical/policy 

problems and issues regarding the design, construction, and operation of 

the hearing audio and video equipment. 

(b) Designs, develops, and operates hearing audio and video equipment based

on NRC guidance for the development of NRC information technology 

systems.

(c) Delivers training on hearing audio and video equipment operations for 

participants.

6. Provide information for periodic Panel reports to the Commission on information 

technology related Panel activities.

7. Support Panel coordination with other NRC offices regarding (1) the provision of 

information technology infrastructure resources to meet the requirements of 10 CFR 

Part 2, including the LSN library; (2) electronic motions practice; and (3) docket 

capabilities. 

8. Coordinates the use of information technology for enabling remote attendance of 

hearing participants by either audio conference or video conference.