NRC: News Release - 2001-038 - NRC Proposes Revising Rules Governing Conduct of Hearings

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NRC NEWS U.S. NUCLEAR REGULATORY COMMISSION
Office of Public Affairs	Telephone: 301/415-8200
Washington, DC 20555-0001	E-mail: opa@nrc.gov
www.nrc.gov

No. 01-038

April 6, 2001

NRC PROPOSES REVISING RULES GOVERNING CONDUCT OF HEARINGS

The Nuclear Regulatory Commission is seeking comment on a proposal to revise its regulations governing the conduct of hearings to make them more effective, efficient and understandable to the public.

The proposed changes would retain formal trial-type proceedings for enforcement actions, the construction and operation of uranium enrichment facilities, the initial authorization to construct a high-level waste repository, and the initial authorization to receive and possess high-level waste at a repository. Either informal or formal procedures could be used in all other proceedings, including applications to build new nuclear power plants, depending on specific issues in those proceedings.

The proposed rule includes a new Subpart C in Part 2 to Title 10 of the Code of Federal Regulations. It would consolidate in one subpart the general hearing procedures that would apply to all NRC adjudications, including those procedures that would govern rulings on requests for hearings/petitions to intervene and admission of contentions in every case. The new Subpart C would also establish criteria for determining the specific hearing process/procedure or track to be used in particular cases and would provide for document disclosure in all proceedings. Other portions of the proposed rule contain a revised Subpart G for formal trial-type procedures, a substantially revised Subpart L to provide informal hearing procedures to cover most NRC adjudicatory proceedings and a new Subpart N that would provide informal "fast track" hearing procedures to be used in appropriate, simple cases.

Additional details about the proposed rule changes are described in a Federal Register notice to be published shortly. Written comments should be received within 90 days after publication in the Federal Register. They should be addressed to the Secretary, U.S. Nuclear Regulatory Commission, Washington, D.C., 20555-0001, ATTN: Rulemakings and Adjudications staff. Comments also may be submitted via the NRC's electronic rulemaking web site at http://www.nrc.gov by selecting "rulemaking" from the tool bar and then "rulemaking forum."