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Commission Adjudicatory Responsibilities

The responsibilities of the Commission in adjudicatory matters are derived from the Atomic Energy Act and the rules of procedures contained in 10 CFR Part 2. Appeals and petitions for review of decisions of Atomic Safety and Licensing Boards (Licensing Boards) or presiding officers are filed before the Commission. The Commission may also elect to review a decision that has not been appealed by a party or participant, and will entertain review of a decision that a Licensing Board or presiding officer has referred to the Commission for an assessment of the proper application in the decision of rules or laws. Under the Part 2 rules of procedure, the Commission may choose to preside in certain matters, in lieu of referral to a Licensing Board or Presiding Officer.

The Commission is assisted in its appellate review by the Office of Commission Appellate Adjudication. The staff of that office analyze issues on appeal, examine legal or procedural options, provide advice to the Commission and drafts of Commission decisions for Commission consideration. Once the Commission has decided to issue a decision, the Secretary of the Commission will sign and issue an appropriate order.

The Official Adjudicatory Docket maintained by the Secretary also includes filings before the Commission. Documents that are likely to be filed before the Commission are intervention and hearing petitions, appeals and petitions for review, motions and associated pleadings, and appellate briefs. Orders that may be issued by the Commission as part of its adjudicatory responsibilities include scheduling orders, orders extending the time for filing, or for Commission rulings and CLIs or Commission decisions resolving appellate matters or motions originating before the Commission. In addition to orders, the Official Docket includes final agency action memoranda issued by the Secretary in the event the Commission declines to take review of a decision of the Licensing Board or presiding office that terminates a proceeding without an appeal.

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Wednesday, February 21, 2007