ML20004E122
| ML20004E122 | |
| Person / Time | |
|---|---|
| Issue date: | 05/21/1981 |
| From: | Hendrie J NRC COMMISSION (OCM) |
| To: | Morse M OFFICE OF PERSONNEL MANAGEMENT |
| References | |
| NUDOCS 8106110193 | |
| Download: ML20004E122 (3) | |
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pk UNITED STATES NUCLEAR REGULATORY COMMISSION U
S W ASHINGTON, D.C. 20555
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May 21, 1981 CFFICE OF THE CHAIRMAN The Honorable Marvin H. Morse Director, Office of Administrative Law Judges
.U.S. Office of Personnel Management Washington, D.C.
20415
Dear Judge Morse:
The Nuclear Regulatory Commission wishes to draw upon the resources of your of fice in the conduct of certain of its administrative proceedings.
The Comission wishes:
(1) to have two Administrative Law Judges assigned to the Comission; (2) to use, for antitrust cases, cualified Administra-tive Law Judges assigned to other agencies; and (3) to ertablish selective certification. for Administrative Law Judges qualified to sit on nuclear licensing and licensing-related proceedings.
As'you know, the Commission's Atomic Safety and Licensing Boards per-form the Comission's hearing function and render initial decisions on a variety of licensing and enforcement matters involving nuclear facilities.
These proceedings are conducted pursuant to the Atomic Energy Act of 1954, as amended ("the Act"), the Energy Reorganization Act of 1974, the National invironmentni Policy Act of 1969, and the Administrative Procedure Act.
Section 181 of the Act, 42 U.S.C. 52231, prcvides in pertinent part that:
The provisions of the Administrative Procedure Act...
shall apply to all agency action taken under this Act, and the terms ' agency' and ' agency action' shall have the meaning specified in the Administrative Procedure Act... (Citation and restricted data or defense information exception omitted).
The Senate report on the 1962 amendment to the Act which authorized use of tnree member boards in lieu of hearing examiners under the APA noted that:
The great bulk of the provisions of the Administrative Procedure Act will remain applicable, pursuant to section 181 of this act, and the only exceptions authorized by these amendments are to permit the Board to preside at hearings in lieu of a he& ring examir.er, and to permit the Board to render final as well as intermediate decisions.
l S. Rep. No. 1677, 87 Cong. 2d Sess. 7 (1962).
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The Honorable Marvin H. Morse May 21, 1981 Consequently, our hearings are conducted pursuant to the APA, and appropriate proceedings could be heard by a qualified Administrative Law Judge.
The Atomic Safety and Licensing Board Panel, from which individual three-member boards are drawn, has 56 members of whom 18 serve full time.
Of these,10 are lawyers and eight are scientists qualified to review and decida the complex scientific questions presented in licensing proceedings.
At present, the Comission has only one Administrative Law Judge.
Because of his superior abilities and experience, he was assigned as Chainnan of the board hearing the Three Mile Island Unit 1 restart proceeding. That hearing has run continuously since last October and will nJt be completed before late fall of this year.
Consequently, our Administrctive Law Judge has been virtually unavailable for other matters.
Two principal considerations support our requirement for cdditional Administrative Law Judges. The Commission expects a substantial increase in the number of civil penalty proceedings.
These cases have been heard by our Administrative Law Judge in the past but have not been numerous.
However, the Congress recently increased twenty-fold the dollar amount of penalties that can be levied against the owners of facilities found to violate a Comission regulation.
In the past, these penalties were limited to $5,000.00 per violation and were paid usually without demanding a hearing.
Now, -however, since penalties could total millions of dollars, we expect a substantial increase in contested proceedings.
In addition, antitrust proceedings presently on the docket number six.
Two or possibly three of these could occupy one Administrative law Judge
'J fortunately we have been forced to use three Panel members full tine.
n for each proceeJing, members sorely needed to devote full time to licensing proceedings. Accordingly, we request that we be assigned at least two additional administrative Law Judges to ease this severe strain on our resources.
Finally, because of a very heavy hearing load projected for the next five years in the licensing of nuclear facilities, it may become necessary fcr the Coramission from time to time to request the loan of an Administrative Law Judge selected by your Office to conduct a formal antitrust hearing for Therefore, we believe that such a relationship should be establishe.1 us.
now pursuant to your regulations.
In connection with the foregoing requests, the Commission would like to establish a selective certification for Administrative Law Judges qualified to preside in our licensing proceedings. The 1962 amendments to the Act 6uthorized the use of three mem5er boards, including two technical members, primarily because issues concerning nuclear power plant construction and operation involve a highly technical mix of science and law. Questions
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The Honorable Marvin H. Morse May 21, 198i presented frequently relate to the leading edge of physics, chemistry, biology and engineering and are becoming increasingly complex.
Conse-quently, the special qualifications we believe necessary are stated as follows:
Three years of experience in the preparation, presentation, or hearing of formal cases, or in making decisions on the basis of the records of such hearings, originating before governmental regulatory bodies at the Federal, State or local level, involving causes arising in the field of nuclear facilities law pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, and the National Environmental Policy Act.
Such cases include civil penalty proceedings, antitrust matters, and the licensing of nuclear facilities.
If any further information is required, please contact B. Paul Cotter, Jr.,
Chairman, Atomic Safety and Licensing Board Panel, whom I have directed to implement the details of this request.
Your consideration and assistance are greatly appreciated.
Sincerely, i
16~ %
eph M. Hendrie Chairman
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