ML20202H569

Provides Commission Perspective on Adjudicatory Caseload & Commission Role in Adjudication During CY98

ML20202H569
Person / Time
Issue date:	01/14/1999
From:	Cordes J NRC OFFICE OF COMMISSION APPELLATE ADJUDICATION (OCAA)
To:
References
SECY-99-018, SECY-99-018-01, SECY-99-018-R, SECY-99-18, SECY-99-18-1, SECY-99-18-R, NUDOCS 9902080125
Download: ML20202H569 (27)

Text

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.....) ...a....aeaeaooe ... ass ADJUDICATORY ISSUE January 14.1999 On) SECY-99-018 for: The Commissioners ,

From: John F. Cordes, Acting Director /y f 'l' I Office of Commission Appellate Adjudication i Subiect: ANNUAL REPORT ON COMfdiSSION ADJUDICATION Eyrpose: To provide the Commission a perspective on the adjudicatory caseload and the Commission's role in adjudication during calendar year 1998.

INTRODUCTION At the NRC, the Commission alone is authorized to review the decisions of presiding officers and Atomic Safety and Licensing Boards in agency adjudications. The Office of Commission Appellate Adjudication (OCAA) assists the Commission in this role. The Commission may exercise its appellate authority to review Board (or presiding officer) decisions either when a dissatisfied party seeks review or when the Commission, on its own initiative, determines that review is warranted. The Commission also has original jurisdiction to offer guidance, at any time, on novel or significant questions and to resolve occasional legal matters that must or should be resolved in the first instance directly by the Commission.

As part of OCAA's monitoring role over adjudicatory matters, I am providing the Commission this annual report on agency adjudications for calendar year 1998. This report updates information contained in the last report (SECY-98-014, Jan. 30,1998), and is based upon the b information in the attached charts. Chart 1 presents information regarding the twenty-five /

substantive decisions (CLis) issued by the Commission in 1998, Chart 2 identifies the twenty final decisions issued by presiding officers or Licensing Boards in 1998, and Chart 3 lists and describes the twenty-four new proceedings that the Commission referred to the Atomic Safety gy[

and Licensing Board Panel (ASLBP) in 1998. Chart 4 provides a numerical breakdown of the

, proceedings referred to the ASLBP since OCAA's inception in July 1991 - divided into CONTACT: Roland Frye, OCAA 415-3505 0 A1 -b &MN S /

g 20 g 5 990114 g A9 4 gg g e 99-018 R PDR ,

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2-substantive and procedural categories. Finally, Chart 5 provides a breakdown of Commission decisions issued during that same period, divided into substantive and jurisdictional categories.' ,

GENERAL OBSERVATIONS AND TRENDS The past year,1998, saw a dramatic increase in the adjudicatory workload of both the Commission and the ASLBP, continuing a trend that started in 1997. The number of new proceedings referred to the ASLBP (24, almost double last year's total of 13) was by far the highest since OCAA's inception in 1991, and the number of CLis issued by the Commission (25, up from 15 last year) was the second highest. The 33 LBPs, including non-final orders,

. were the most in four years. Finally, the number of final Board (or presiding officer) decisions in  ;

1998 (20), although lower than 1997's all-time high of 23, still equaled or exceeded all other i annual totals since the inception of OCAA.

1. The ASLBP's Caseload Although for some years we have reported regularly that the ASLBP's caseload continued to shift from reactor licensing matters to enforcement and materials licensing cases, this pattern l reversed itself in 1998. The enforcernent and materials categories remained essentially i unchanged, while the number of reactor licensing matters increased ninefold. And though still j small in number, reactor operator license proceedings tripled in the last year. l f n all, a total of 12 reactor-related cases got started in 1998. In no prior year since OCAA's establishment in 1991 had the number exceeded 3. By contrast, the number of new .

enforcement and materials cases conformed to recent experience. There were 5 new enforcement cases in 1998 (the same as in 1997) and 6 new materials cases (there were 7 in 1997). If these patterns persist, of course, reactor adjudications will surge in the immediate future and enforcement and materials cases will merely tread water.

2. The Commission's Caseload As the following figures indicate, the trends in the Commission's caseload largely track those of the ASLBP -- an increase in total published orders (LBPs and CLis), a marked increase in reactor-related cases, and a generalleveling-off of materials and enforcement actions.

The Commission's own caseload (as reflected in the number of CLis it issued) took a marked turn upward, jumping from 15 to 25 CLis, the most since 1993. This upswing was largely

' From last year's group of six charts, we are dropping what used to be Chart 4, entitled ,

"NRC Proceedings Referred to the ASLBP, July 1991 -[present]." We do not intend to update  !

it in the future unless the Commission directs otherwise. As its title indicated, the old Chart 4 offered an historical listing (and description) of all adjudicatory cases since OCAA's inception in July of 1991. As such, its historical focus was different from that of an annual report. While i historical information can be useful, the yearly revision of old Chart 4 took con.siderable OCAA resources each year (several days of attorney effort), and the chart itself was becoming increasingly (and, in our view, unduly) lengthy -- it comprised more than a third of last year's Annual Report. OCAA currently lacks the resources to maintain the old Chart 4.

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b attributable to two cases -- the Hydro Resources materials licensing case, which generated 5 orders and the Calvert Cliffs relicensing proceeding, which generated 4. Like the ASLBP's caseload, the Commission's cases reflected the arrival of a brand-new kind of case -- the reactor reticensing proceedings (5 CLis in '98 involving the Calvert Cliffs and Oconee plants) --

as well as an increase in reactor license amendment decisions (4 in '98 compared with 0,2 and 7 in '97, '96 and '95, respectively).

Looking at the increase in the Commission's own workload from a procedural perspective, the increase in CLis is largely attributable to huge increases in appeals as of right under section ,

2.714a (7 this year, compared to 2,1 and 1 during '97, '96 and '95, respectively) and in matters involving the Commission's actions on matters of original jurisdiction (10 this year, compared with 2,2 and 5 during '97, '96 and '95, respectively). Similarly (though less important numerically), the Commission considered more discretionary appeals (4 in '98, compared with -

0,0 and 5 in '97, '96 and '95, respectively) and sua sconte matters (2 in '98, compared with 0,1 i and 1 in '97, '96 and '95, respectively). Notably, just 2 of the Commission's 1998 decisions '

could be characterized as " merits" decisions (as compared to 11 last year). The remainder addressed various procedural or threshold matters.

3. Increased Speed in Resolvina Cases Another caseload-related development is that the agency as a whole is resolving adjudicatory proceedings faster. Of the 15 cases referred to the Board prior to Labor Day in 1998,12 were closed by year's end -- 1 on the merits,6 by settlement, withdrawal or default, and 5 by denial of intervention. (By comparison, the Board and Commission closed 3 of 9 cases,6 of 7 cases, and 0 of 3 cases in '97, '96 and '95, respectively.)

Although the Commission cannot control many of the factors that govern the speed with which its cases are resolved (e.a., the number and complexity of the issues, the willingness of parties to settle, the pace with which the Department of Justice pursues parallel criminal actions),

nevertheless the increased speed with which the Commission has decided cases this year clearly reflects its heightened emphasis on both the importance of adjudications and the need for their expeditious resolution -- both of which concepts were reflected in the recent Statement of Policy on Conduct of Adjudicatory Proceedings, CLI-98-12. The Commission's willingness to become involved in cases earlier, to set proposed schedules for adjudications, to monitor Board action (or inaction) more closely, and generally to take a more active supervisory role has been effective in moving forward the agency's proceedings.

The Commission's heightened involvement in adjudications is reflected in its repeated offering of guidance to the Board (g., Calvert Cliffs, CLI-98-14; Oconee, CLl-98-17) and its taking sua soonte review of more Board orders (Seabrook, CLl-98-18; Hydro Resources, CLl-98-16).

OCAA will continue to monitor the adjudicatory caseload and be on the lookout for opportunities where the Commission may appropriately exercise its supervisory role.

Assuming that the presiding officers and Boards follow the principles and guidelines enunciated in the Policy Statement (and also in the referral orders in the Calvert Cliffs and Oconee reactor license renewal proceedings (CLl-98-14 and -17)), we would anticipate that adjudicatory proceedings will be resolved even more quickly in the future. In the wake of the Louisiana Enrichment Services proceeding, which terminated in 1998 after 7 years of litigation, the

4 ASLBP has committed itself to issuing decisions within sixty days after the parties file their closing pleading. Similarly, in our operating plan, OCAA has undertaken to complete its drafts of Commission decisions within sixty days of receipt of the final appellate brief (except in extremely complex proceedings), and more quickly than that if OCAA resources and the nature  !

of the issues permit.

Moreover, the recent promulgation of streamlined procedural rules for hearings on license transfer applications (Subpart M) promises rapid resolution of those cases as well. Subpart M applications may strain OCAA resources, however, as Subpart M contemplates that the Commission itself will resolve contested applications on the merits, after a hearing; OCAA  ;

ordinarily provides drafting assistance to the Commission on such matters. Such applications  ;

are not referred to the ASLBP in the first instance. We are working with OGC to develop the l most expeditious means of handling and staffing Subpart M cases. .

Finally as to the Commission's expeditious treatment of cases, it is worth noting that, in four l instances, the Commission issued orders almost immediately after being asked to do so -- in only 4, 3,2, and 1 day (CLl-98-9, -19, -15, and -4, respectively). Such rapid turnaround times, however, are possible only in cases where the issues are not complex and the Commission's views are clear. OCAA plans to continue its emphasis on issuing speedy decisions whenever possible. Our effort to increase speed and efficiency, however, ought not necessitate a decrease in either decisionmaking quality or procedural fairness -- a point the Commission has made repeatedly in recent months (CLl-98-12, -14, -17).

4. Future Aaency Caseload We anticipate a continuing increase in the number of cases involving reactor relicensing and reactor decommissioning,8 together with the advent of reactor transfer proceedings (to be adjudicated under the Commission's new Subpart M rules). The age of many currently-operating reactors makes an upswing in the first two categories quite likely, and the restructuring of the electric industry makes a significant number of the third category highly probable.8 Also, the Commission's caseload could rise were Congress to assign the NRC additional responsibilities, such as regulating DOE nuclear facilities. The future materials and 2

Although the Commission's recent decommissioning rulemaking removes decommissioning itself from the adjudicatory process, the process of decommissioning nonetheless will likely " spin off" adjudications. E.a., Yankee Atomic Elec. Co., LBP-98-12,47 NRC 343, aff'd in part and rev'd in oart, CLI-98-21,48 NRC 85 (1998).

A series of license transfer applications seems likely. For example, Entergy Corp.

agreed in November to buy Boston Edison's Pilgrim nuclear power plant -- a move that already is drawing opposition from some in the local area. Entergy also announced in mid-December that there is a " reasonable chance" it will close a deal by the end of the year to acquire another U.S. nuclear power plant. Illinova has been talking with both Entergy and Peco Energy as potential buyers for the Clinton nuclear power plant in Illinois. And Alliant Utilities and three other Midwest utilities announced in late November that they are exploring the advantages of forming a single organization to service or possibly operate seven nuclear power plants in the region. One challenge to a license transfer, involving the Seabrook plant, is already in-house.

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1 enforcement caseloads are difficult to predict, as they seem to rise and fall erratically over the years. Much depends on the level of controversy attendant to particular NRC actions.

Another unknown future variable is possible reform of the NRC's hearing process. A move toward more informal proceedings, for example, perhaps on the Subpart L or Subpart M models, might generate additional proceedings as members of the public become aware that participation in the NRC process need not be overly costly or complex.

SIGNIFICANT DECISIONS IN 1998 1

in 1998, the Commission issued far more than the usual number of CLis addressing significant I issues: l 4

Louisiana Enerav Services. L.P., CLl-98-3,47 NRC 77. The Commission addressed )

environmental justice, an issue of first impression before the agency, and concluded that NEPA l does not require the NRC to consider a claim of discriminatory motives. Instead, " disparate I impact" analysis is the agency's principal tool for advancing environmental justice under NEPA. l The Commission also addressed and resolved other NEPA issues. l Private Fuel Storaae. L.L.C., CLl-98-7,47 NRC 307. Citing the interests of expediency and efficiency, the Commission reversed the Chief Judge's ruling which had created a separate Licensing Board to address issues involving the applicant's physical security plan.

Hydro Resources. Inc., CLI-98-9,47 NRC 261. The Commission addressed an issue of first j impression -- what standards does the Commission apply when determining whether to ,

disqualify a Presiding Officer in a Subpart L proceeding. '

Ouivira Minino Co., CLl-98-11,48 NRC 1 and International Uranium (USA) Coro.. CLl-98-23,48 NRC . In these two orders, the Commission rejected Envirocare's claim of standing to challenge a competitor's license amendment. The Commission found that neither NEPA nor ,

the AEA provided statutory protection for economic harm unrelated to radiological or environmental effects.

Statement of Policy on Conduct of Adiudicatory Proceedinas, CLl-98-12,48 NRC 18. The Commission issued its first policy statement on this subject in more than seventeen years. The l Policy Statement addressed the need to provide both fair and expeditious adjudications, and i offered the Licensing Boards specific guidance regarding contentions, hearing schedules, the l parties' obligations, and discovery management.

Private Fuel Storaae. L.L.C., CLI-98-13,48 NRC 26. Amplifying earlier statements on environmental justice, the Commission clarified that " discrimination in the site selection process"is not a cognizable claim in our adjudicatory proceedings. The Commission also clarified that Part 50 financial qualifications are not applicable in toto to Part 72 ISFSI applicants, but should merely be used as guidance. Finally, the Commission affirmed the Licensing Board's rulings on standing and intervention.

Baltimore Gas & Elec. Co., CLl-98-14,48 NRC 39 and Duke Enerav Corp., CLI-98-17,48 NRC 123. In these decisions referring the first two license renewal proceedings to the Licensing

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Board, the Commission established a proposed schedule for the proceedings and offered guidance to the Board.

Baltimore Gas.$_Elec. Co.. CLI-98-15,48 NRC 45. Here, the Commission definitively resolved ,

issues regarding its inherent supervisory authority over adjudications - particularly its authority  !

to offer guidance and to set expedited schedules and customize procedures for individual proceedings.

Hvdro Resources. loc., CLl-98-16,48 NRC 119. Exercising its inherent supervisory authority, the Commission issued a decision excludirig from an NRC adjudicatory proceeding a controversy over the permitting authority of the Navajo Nation. The Commission reasoned that other regulatory bodies, such as the Navajo Nation, the states, or the EPA, are responsible for i policing their own requirements. .

Yankee Atomic Elec. Co.. CLl 98-21,48 NRC 185. The Commission set forth for the first time the scope of a License Termination Plan amendment proceeding, and explained how such a l proceeding relates to decommissioning ana ISFSI proceedings and to license terminations. l After laying this groundwork, the Commission affirmed the . Board's rejection of one petition to intervene and, in the alternative, dismissed the same petitioner's appeal on procedural grounds.

The Commission reversed the Board's rejection of the remaining two intervention petitions.

Finally, the Commission narrowed the issues that could be appropriately considered in this proceeding and offered guidance to the Board.

Baltimore Gas & Elec. Co.. CLl-98-25,48 NRC . In this first reactor license renewal proceeding, the Commission justified its decision to treat license renewal applications expeditiously and then upheld the Board's rejection of a petitioner on grounds that it had failed either to submit timely contentions or to meet the late-filed standards for its two untimely contentions. The Commission also explained why it had authority to modify its procedures either by Policy Statement or on a case-by-case basis.

$_lGNIFICANT ISSUES CURRENTLY PENDING BEFORE THE COMMISSION The Commission currently has before it an appeal of a Licensing Board decision (LDP-98-24) refusing to allow intervention in a Zion license amendment proceeding. Moreover, an appeal is expected imminently challenging the Board's December 29" decision (LBP-98-33) denying intervention in the proceeding on Duke Energy Corporation's request to renew the reactor license for its Oconee Nuclear Station. This proceeding involves the second reactor license renewal application received by the Commission. OCAA anticipates additional appeals or petitions for review in the next 30-60 days challenging expected Board or presiding officer decisions in the Ben-Haim, Hydro Resources, Private Fuels Storaae. Yankee Atomic and other cases.

In addition, the Commission has recently received its first license transfer case under the new Subpart M (Seabrook), and we expect that the Commission will receive another such case (involving Pilgrim) soon. Each of these cases will require one or more adjudicatory decisions, each to be handled under the Commission's original jurisdiction..

SIGNIFICANT ISSUES CURRENTLY BEFORE THE ASLBP THAT MAY REACH THE COMMISSION Private Fuel Storaae (ISFSI). Private Fuel Storage seeks a license under 10 C.F.R. Part 72 to construct an independent spent fuel storage facility on the tribal land of the Skull Valley Band of Goshute Indians. This lengthy and complex proceeding currently involves 5 admitted parties, including Native American groups who oppose the Skull Valley Band's agreement with Private l Fuel Storage, and the state of Utah, which is vigorously contesting the facility. Contested l issues include financial qualifications, environmental justice, NEPA matters, the security plan, l and numerous technical questions.

International Uranium (USA) Corp. (MLA 4 and -5). In the first of these two proceedings, the state of Utah, an admitted party, opposes a materials license amendment, issued June 1998, authorizing IUSA to receive, possess, and dispose of uranium-bearing material from the l Ashland 2 FUSRAP (Formerly Utilized Sites Remedia! Action Program) in New York. Utah's

principal argument is that the license amendment does not comply with NRC requirements l under 10 C.F.R. Part 40 and that IUSA's primary purpose in obtaining the material is to receive l

a " disposal fee" and thereby to act as a disposal facility, not to extract source material. A similar proceeding, MLA-5, is also ongoing and concerns IUSA's request for a license amendment to receive uranium-bearing material from the Ashland 1 and Seaway Area D FUSRAP sites. Various parties have sought to intervene.

Hydro Resources Inc. In this extremely complex Subpart L proceeding, various intervenors challenge an NRC license obtained by Hydro Resources, Inc., to conduct in situ uranium mining at a site in New Mexico. The intervenors raise numerous issues, including NEPA questions, environmental justice concerns, groundwater safety and the very validity of the unusual i " performance-basecf' license issued by the NRC staff. The license is in effect, as the presiding l officer and the Commission each denied a stay in the first half of 1998. The presiding officer has broken the proceeding into parts and likely will issue a series of merits decisions beginning in March.

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SUMMARY

OF ACT;"JITIES OF THE ATOMIC SAFETY AND LICENSING BOARD PANEL

- The Board Panel issued 20 final decisions.

- The Board Panel established 24 new proceedings,12 of which have been terminated.

- 14 cases were pending before the Board Panel as of 12/31/98:

Hydro Resources, Inc.

Yankee Atomic Elec. Co. (Yankee Nuclear Power Station) l Advanced Medical Systems (two consolidated cases) l Aharon Ben-Haim, Ph.D.

[ Private Fuel Storage, LLC International Uranium (USA) Corp. (MLA-4)

International Uranium (USA) Corp. (MLA-5)

Shaun P. O'Hern Michael A. Philippon r

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1 p,

Cabot Performance Materials (MLA)

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,' Cabot Performance Materials (MLA-2)  :

l Special Testing Laboratories, Inc.  ?

Shieldalloy Metallurgical Corp.  ;

if the Commissioners would like any additional information on this memorandum or on any -

l adjudicatory proceeding, I would be happy to provide it.

Enclosures:

Charts 1-5 (G:\ADMINIS\ CHARTS 99.WPD) i DISTRIBUTION:

' Commissioners .

OGC l OCAA' OIG  ;

OPA l OCA ASLBP-CIO CFO l EDO i REGION $.

SECY l

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CHART 1 COMMISSION AILIUDICATORY DECISIONS, JANUARY - DECEMBER 1998 Decision Number /Citel Type of Decision Being Relief Commission Date Case Name Proceeding Challenged Sought Action

1) CL1-98-1 21" Century Enforcement / Civil None. The Staff and licensee file joint Commission grants motion to 47 NRC 13 Technologies, Inc. Penalty Action Commission (inter motion to terminate terminate.

(2/19/98) (Fort Worth, TX) alia) declined to take proceeding.

Also original jurisdiction sua sDonte reviCW of over challenge to staff's LBP-98-1,47 NRC confirmatory order I (1998), approving settlement agreement.

2) CLI-98-2 U.S. Enrichment Request for Amendment Director's Decision USEC petitions for review and Commission rejects petition for 47 NRC 57 Corp. (Paducah, to Certificate of 62 Fed. Reg. 65,823 reversal of Director's Decision review and allows Director's (3/19/98) KY) Compliance for Gas (12/17/98) denying its application to Decision to become final.

Diffusion Plant - (unpublished in NRC amend its Certificate of Part 76 issuances). Compliance. .

3) CLI-98-3 Louisiana Energy Materials License - LBP-96-25,44 NRC Applicant and statT mk review Commission affirms in part and 47 NRC 77 Services (Claiborne Part 70 331 (19%)(NEPA and reversal of Board's reverses in part both LBP-96-25 (4/3/98) Enrichment 7.ssues); LBP-97-8, dismissal of materials license and LBP-97-8, and remands the Center) 45 NRC 367 (1997) application. proceeding to the Board.

(environmental justice issues).

4) CLI-98-4 Ilydro Resources, Material License - LBP-98-5,47 NRC Petitioner seeks a temporary Commission grants a temporary 47 NRC 111 Inc. Part 40 119 (4/2/98) denying stay of LBP-98-5 and a full stay.

(4/16/98) stay. stay of license's effectiveness.

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Decision Nimmber/Citel Type of Decision Being ReBef. Comunission Date Case Namie ' 7. --: M- _ CheHenged Sought Actina 5)' - CLI-98-5 . . Louisiana Energy . . Materials License - None. Applicant seeks permission to - Commission grants permission 47 NRC 113 Services (Claiborne Part 70 . withdraw application for . to withdraw application; also '

(4/30/98) Enrichment licence. dismisses all pending petitions  ;

Center) - for review and vacates LBP-97-3 and LBP-97-22.

6) CLI-98-6 International Materials License LBP-97-12,46 NRC Petitioners appeal two orders Commission denies the appeal.

47 NRC. I16 Uranium (White : Amendment w . 1 (7/23/97); finding lack of s:anding.-

(4/30/98)- Mesa Uranium Part 40. LBP-97-14,46 NRC -

Mill)(MLA) 55 (9/4/97).

7) - CLI-98-7 Private Fuel ISFSI License - Notice of Applicant seeks reversal of the .- Commission reverses the Chief 47 NRC 307 Storage (ISFSI) Part 72 . Establishment of a Chief Judge's decision to' Judge regarding the t (6/5/98) Second Board establish a second Board.- establishnsnt of a second  !

(3/26/98); Board.

LBP-98-8,47 NRC 4 259 (4/23/98).

denying reconsideration of i 3/26 notice.

8) CLI-98-8 Hydro Resources, Materials License - LBP-98-5,47 NRC Petitioner seeks a full stay of - Comirission lifts its temporaiy t 47 NRC 314 Inc. Pact 40 119 (4/2/98) denying license's effectiveness. stay (which the Commission had (6/5/98) stay. granted in CLI-98-4) and denies  ;

the requested full stay.

9) CLI-98-9 Hydro Resources, Materials License - LBP-98-11,47 NRC Presiding Officer refers to the Commission affirms LBP-98-11. f 47 NRC 326 Inc. Part 40. 302 (5/26/98). Commission his decision not to l (6/5/98) recuse himself. i

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Decision Number / Cite / Type of Decision Being Relief Commission Date Case Name PR,ccci , Challenged Sought Action ,

10) CLI-98-10 Transnuclear, Inc. Export License - N/A Petitioner seeks intervention Commissicn denies the petition 47 NRC 333 (Export of 93.3% Part i10 rights and a hearing to to intervene and the request for (6/5/98) Enriched Uranium) challenge two applications to hearing.

export highly-enriched uranium to Canada.

I1) CLI-98-11 Quivira Mining Materials License - LBP-97-20,46 NRC Envirocare seeks reversal of Commission affirms LBP-97-20.

48 NRC 1 Co. Part 40 257 (11/4/97). the Board's ruling denying it '

(7/17/98) standing. [

12) CLI-98-12 Statement of Policy Procedural Rules - N/A N/A Commission issues Policy  ;

48 NRC 18 on Conduct of Part 2 Statement affecting all (7/28/98) Adjudicatory adjudicatory proceedings Proceedings conducted under Part 2.

13) CL1-98-13 Private Fuel ISFSI License - LBP-98-7,47 NRC Applicant seeks reversal of the Commission affirms LBP-98-7 48 NRC 26 Storage (ISFSI) Part 72 142 (4/22/98). grant of one intervention on both matters.

(7/29/98) petition, and unsuccessful petitioner seeks reversal of the denial of its intervention ,

petition.

14) CLI-98-14 Baltimore Gas & Reactor License Renewal N/A N/A Commission refers the case to 48 NRC 39 Elec. Co. (Calvert - Part 50 the Board and offers both (8/19/98) Cliffs) guidance and a suggested ,

schedule for the proceeding.

15) CLI-98-15 Baltimore Gas & Reactor License Renewal CLI-98-14,48 NRC Petitioner seeks reconsideration Commission denies motion for 48 NRC 45 Elec. Co. (Calvert - Part 50 39 (8/19/98) of CLI-98-14. reconsideration.

(8/26/98) Cliffs) ,

I Decision Number / Cite / Type of Decision Being Relief Commission -

Date Case Name P. w;; "- ; Challenged Sought Action

16) CLI-98-16 Ilydro Resources, Materials License - LBP-98-9, 47 'NRC N/A Commission exercises inherent 48 NRC 119, Inc. Part 40 261 (5/13/98) supervisory authority to reverse (9/15/98) sua sponte the Board's admission of an area of concern.

17) CLI-98-17 Duke Energy Reactor License Renewal N/A N/A Commission refers the case to 48 NRC 123 Corp. (Oconee) -- Part 50 the Board and offers both (9/15/98) guidance and a suggested e schedule for the proceeding.

18) CLI-98-18 North Atlantic Reactor License LBP-98-23,48 NRC N/A Commission exercises it.t 48 NRCl29 Energy Service Amendment - 157 (9/3/98). inherent supervisory authority to l (9/17/98) Corp. (Seabrook) Part 50 take review of an issue.

(LA) '

19) CLI-98-19 Baltimore Gas & Reactor License Renewal unpublished 9/11/98 Petitioner appeals the Board's Commission grants extension of 48 NRC 132 Elec. Co. (Calvert - Part 50 Board order. denial of an extension of time time.

(9/17/98) Cliffs) to file contentions.

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20) CLI-98-20 Northeast Nuclear Reactor i.icense LBP-98-22,48 NRC Petitioner appeals Board's Commission summarily affirms 48 NRC 183 Energy Co. Amendment -- 149 (9/2/98). decision denying standing. LBP-98-22.  !

(10/23/98) (Millstone) (LA-2) Part 50

21) CLI-98-21 Yankee Atomic Reactor License LBP-98-12,47 NRC Three petitioners appeal the Commission affirms denial of 48 NRC 185 Elec. Co. (Yankee Amendment - 343 (6/12/98). Board's decision denying one petitioner's standing but ,

(10/23/98) Rowe) Part 50 standing reverses denials of the '

(License Termination remaining two petitioners

• Plan) standing; remands the case to the Board for further proceedings.

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t Decision Naumber/Citel Type of: Decision Being Relief Consanission Date Case Nasme ' 7. C " _ Chauenged Sought Action

22) CLI-98 Hydro Resources, Materials License - unpublished 9/22/98 Intervenors challenge Board's Commission denies a petition  !

~48 NRC 215 Inc. Part 40 - and 10/13/98 Board bifurcation of the proceeding. for review of the Board's two (10/23/98)' orders. orders.

1 23) CL1-98-23 International Materials License unpublished Board Petitioner challenges the Commission affirms the 48 NRC _ _ Uranium (USA) - Amendment -- Part 40 order (8/19/98). Board's decision that petitioner Board's 8/19 order. -

(11/24/98) Corp. (MLA-4) lacks standing. ,

24) CLI-98-24 North Atlantic Reactor License N/A Licensee requests permission to Commission grants permission 48 NRC __ Energy Service Amendment - withdraw license amendment to withdraw applications.

, (11/24/98) Corp. (Seabrook) Part 50 applications.

(LA and LA-2)

25) CLI-98-25 Baltimore Gas & Reactor License Renewal LBP-98-26,48 NRC Licensee appeals the Board's Commission denies the appeal

-48 NRC __ Elec. Co. (Calvert - Part 50 232 (10/16/98). decision to reject contentions and affirms LBP-98-26.

(12/23/98). Cliffs) for both untimeliness and failure to satisfy the Commission's late-filed standards.

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CHART 2 ,

FINAL LICENSING BOARD DECISIONS,' JANUARY - DECEMBER 1998 Decision Case Referred to Type of Proceeding Nature of Decision Appeal Taken Commission Action Number / Cite / Board Date

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1) LBP-98-1 21" Century 6/19/97 Enforcement Action (civil Approved settlement No Commission expressly 47 NRC 1 Technologies, monetary penalty and and dismissed declined to take sua (1/12/98) Inc. immediately effective proceeding. sponte review of confirmatory order) LBP-98-1, but did issue CL1-98-1,47 NRC 13 (2/19/98) approving a joint motion to ,

terminate.

2) LBP-98-4, Hydro 12/14/94 Materials License - Denied one intervention No No review 47 NRC 17 Resources, Inc. Part 40 petition. (no date)

(2/9/98)

3) LBP-98-6 Power 3/12/98 Enforcement Action (civil Dismissed proceeding. No No review 47 NRC 140 Inspection, Inc. monetary penalty) (7/1/98)

(4/20/98)

4) LBP-98-7 Private Fuel 9/10/97 ISFSI License - Denied certain Yes Commission affirmed 47 NRC 142 Storage Part 72 fntervention petitions. LBP-98-7. CL1-98-13, (4/22/98) 48 NRC 26 (7/29/98).

8 Includes all decision or orders deciding the merits of a case, terminating a proceeding, or denying party status to a person.

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___ _. __m._ _ . . _ . ._ ._ .-_________._._____m. -

. _ . - _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _.___.___._______.___m_ _

Decision Case - Referred to Type of Proceeding Nature of Decision ' Appeal Taken Commission Action Number / Cite / Board Date

5) LBP-98-9 Ilydro 12/14/94 Materials License - Denied certain No Commission exercised 47 NRC 261 Resources, Inc. Part 40 intervention petitions. inherent supervisory (5/13/98) authority to reverse sua soonte the Board's admission of an area of concern. CLI-98-16, 48 NRC 119 (9/15/98).

6) LBP-98-12 Yankee Atomic 3/6/98 Reactor license Denied petitions for Yes Commission reversed 47 NRC 343 Elec. Co. amendment - Part 50 hearing and intervention as to two petitions.

-(6/12/98) due to lack of standing. affirmed as to a third petition, and remanded to the Board for further proceedings.

CLI-98-21,48 NRC 185 (10/23/98).

7) Unnumbered and NDT Services, 4/28/98 Enforcement Action Licensee defaulted. No No review unpublished Inc. (immediate suspension of Board dismissed case (8/17/98) decision license) - for licensee's failure to (7/6/98 Subpart G respond to 6/16/98 order requiring new answer and new stay request.

8) LBP-98-15 John Boschuk, 5/15/98 Enforcement Action Approved settlement No No review 48 NRC 57 Jr. (prohibiting involvement and dismissed (9/21/98)

(8/5/98) in NRC-licensed proceeding.

activities)

_ - _ _ _ . . _ _ _ _ m_

Decision Case Referred to Type of Proceeding Nature of Decision Appeal Taken ' Commission Action Number / Cite / Board Date

9) LDP-98-16 Locies T. 5/15/98 Enforcement Action Approved settlement No- No review 48 NRC 63 Boschui (prohibiting involvement and dismissed (9/21/98)

(8/5/98) in NRC-licensed proceeding.

activities)

10) LBP-98-18 Atlas 7/21/98 Materials License- Denied sole petition to No No review 48 NRC 78 Corporation Part 40 intervene. (no date)

(8/13/98) (Moab, Utah Facility)

11) Unnumbered and International 7/29/98 Materials License Denied standing to Yes Commission affirmed unpublished Uranium (USA) Amendment - petitioner Envirocare. unpublished Board Board decision Corp. (MLA-4) Part 40 decision. CL1-98-23,  !

(8/17/98) 48 NRC __

(lI/24/98).

12) LBP-98-22. Northeast 5/28/98 Reactor License Denied petition to Yes Conunission summarily 48 NRC 149 Nuclear Energy Amendment - intervene and terminated affirmed LBP-98-22.

(9/2/98) Co. (Millstone) Part 50 proceeding. CLI-98-20,48 NRC (LA-2) 183 (10/23/98).

13) LBP-98-24 Commonwealth 8/26/98 Reactor License Dismissed petition for No No review 48 NRC 219 Edison Co. Amendment - intervention and (11/16/98)

(10/5/98) (Zion) (LA-2) Part 50 terminated the proceeding.

14) LBP-98-25 Magdy Elamir 10/9/97 Enforcement Action Approved settlement No No review 48 NRC 226 (prohibiting involvement and dismissed (11/17/98) ,

(10/8/98) in NRC-licensed proceeding.

activities)

. e-Decision Case Referred to Type of Proceeding Nature of Decision Appeal Taken - Commission Action Number / Cite / Board Date

15) LBP-98-26 Baltimore Gas 8/19/98 Reactor License Renewal Denied intervention Yes Commission affirmed -

48 NRC 232 & Elec. Co. - Pa:- ? petition and terminated LBP-98-26.

(10/16/98) (Calvert Cliffs) proceeding. CLI-98-25,48 NRC (12/23/98).

16) LBP-98-27 Commonwealth 6/10/98 Reactor License Dismissed petition for Yes Appeal pending.

48 NRC Edison Co. Amersynt - intervention and (11/5/98) (Zion)(LA) Part 50 terminated the proceeding.

17) LBP-98-28 Northeast 4/28/98 Reactor License Rejected contentions as No No review 48 NRC _ Nuclear Energy Amendment - - inadmissible and (12/29/98)

(11/12/98) Co. (Millstone) Part 50 terminated proceeding.

(LA)

18) LBP-98-30 Randall L. 6/15/98 Application for Senior Rejected candidate's No Sua sponte period 48 NRC ___ IIerring Reactor Operator (SRO) challenge to staff's expires 1/20/98 (12/11/98) License - Part 55 rejection of SRO license ,

application.

19) LBP-98-31 Conam 12/10/97 Enforcement Action Accepted settlement and No Sua sponte period 48 NRC __ Inspection Inc. (Order imposing civil terminated proceeding. expires 1/25/98 (12/16/98) monetary penalty) i

20) LBP-98-33 Duke Energy 9/15/98 Reactor License Renewal Denied petition to Appeal due _

48 NRC __ Co. (Oconee) Application - Part 50 intervene. 1/14/99 (12/29/9R)

CHART 3 NEW PROCEEDINGS REFERRED TO THE LICENSING BOARD PANEL, IANIIARY - DECEMBER 1998 Date of Referral Case Name Type of Proceeding Status Commission Action

1) 3/6/98 Yankee Atomic Elec. Co. Reactor License Pending ltore the Board. Commission reverses as (Yankee Nuclear Power Amendment -- to two petitions, affirms Station) Subpart G LBP-90-12,47 NRC 343 (6/12/98) as to a third petition, and denied petitions for hearing and remands to the Board for intervention due to lack of standing. further proceedings.

Two petitioners successfully CLI-98-21,48 NRC 185 appealed LBP-98-12 to the (10/23/98).

Commission.

2) 3/12/98 Power Inspection, Inc. Enforcement Action Case closed. No sua srente review (civil monetary penalty) (7/l/98).

- Subpart G LBP-98-6,47 NRC 140 (4/20/98) approved settlement and terminated proceeding. No appeal.

3) 4/28/98 Northeast Nuclear Energy Co. Reactor License Case closed. No sua sponte review (Millstone) (LA) Amendment - (12/29/98).

Subpart G. LBP-98-28,48 NRC __ (11/12/98) rejected contentions as inadmissible and terminated proceeding. No appeal.

4) 4/28/98 NDT Services, Inc. Enforcement Action Case closed. No sua sponte review (immediate suspension (8/17/98).

of license)- Licensee defaulted. In an order Subpart G dated 7/6/98, the Board dismissed case for licensee's failure to respond to 6/16/98 order requiring new answer and new stay request.

i Date of Referral- Case Nanne Type of n wd " _ Status- Comsanission Action

5) .5/15/98 John Boschuk, Jr. -

Enforcement Action Case closed. No sua sDonte review (prohibiting involvement (9/21/98);

in NRC-licensed LBP-98-15,48 NRC 57 (8/5/98) activities) -- . approved settlement and dismissed -

Subpart G proceeding. No appeal.

6) 5/15/98 Lourdes T. Boschuk Enforcement Action . Case closed. No sua sponte review (prohibiting involvement (9/21/98).  !

in NRC-licensed LBP-98-16,48 NRC 63 (8/5/98) activities) - approved settlement and dismissed i Subpart G proceeding. No appeal.

t 7). 5/28/98 Northeast Nuclear Energy Co. Reactor License Case closed. Commission summarily . ,

(Millstone)(LA-2) A.. u t - -

.t - affirms LBP-98-22J ,

Subpart G LBP-98-22,48 NRC 149 (9/2/98) CLI-98-20,48 NRC 183 denied petition to intervene and (10/23/98). Case closed. ,

terminated proc:eding.

i

8) 6/10/98 Commonwealth Edison Co. Reactor License LBP-98-27,48 NRC ,_ (11/5/98) Appeal pending.

(Zion) (LA) Amendment - dismissed the petition for 4

Subpart G - intervention and terminated the  ;

proceeding.  !

i i

L

-5 6

f

Date of Referral Case Name Type of Piv,ce;"- ; Status Coma:E-En Action

9) 6/15/98 North Atlantic Energy Service Reactor License Case closed. In CLI-98-18,48 NRC Corp. (Seabrook) (LA) Amendment - 129 (9/17/98), the -

Subpart G In LBP-98-23,48 NRC 157 Commission exercises its (9/3/98), the Board gianted a petition -inherent supervisory to intervene and request for hearing, authority to take review accepted one contention, postponed of one issue.

consideration of three other contentions, and rejected the In CLI-98-24,48 NRC intervention petition of a second _ (11/24/98),the petitioner. Commission grants licensee's motion to Licensee later moved for withdrawal withdraw this license of this license amendment amendment application.

application.

10) 6/15/98 Randall L. IIerring Senior Reactor Operator Case closed. Sua sponte period expires License Application - '1/20/99.

Subpart L LBP-98-30,48 NRC __ (12/11/98) declined to overturn the staff's rejection of SRO license application.

I1) 7/21/98 Atlas Corp. Materials License - Case closed. No s.' que review.

Subpart L (no d LBP-98-18,48 NRC 78 (8/13/98) denied the sole petition for intervention.

)

w.t ,

y

~A-Date of Referral Case Namne' Type of h;"- _ Status Ch Action '  ;

r

12) .7/29/98 International Uranium (USA) Materials License Unpublished Board order (8/19/98) . .CLI-98-23,48 NRC _ ,  ;

Corp. (MLA-4) An- - t -, t - dismissed Envirocare's petition to (tI/24/98) affirms "

Subpart L intervene. . Board's unpublished order dismissing LBP-98-21,'48 NRC 137 (9/1/98) Envirocare. p granted State of Utah's petition to

, intervene. .!

Hearing pending.

13) 8/19/98 Baltimore Gas & Elec. Co. Reactor License Renewal Case closed. Commission affirms '

(Calvert Cliffs) Application - LBP-98-26.' CLI-98-25, i Subpart G -

LBP-98-26,48 NRC 232 (10/16/98) 48 NRC ,__ (12/23/98). t demed intervention petition and i terminated proceeding. .

r

14) 8/26/98 Commonwealth Edison Co. Reactor License Case closed. No sua soonte review t (Zion)(LA-2) Amendment - (1I/16/98).  !

Subpart G LBP-98-24,48 NRC 219 (10/5/98) i dismissed the sole intervention  !

petition and terminated the '  !

proceeding.

15) 9/4/98 North Atlantic Energy Service Reactor License Case closed. In CLI-98-24, the Corp. (Seabrook) (LA-2) Amendment - Commission grants Subpart G The licensee moved to withdraw this licensee's motion to t license amendment application. withdraw this license amendment application.

CLI-98-24,48 NRC __ j (11/24/98).' [

l i

-d- ,

1  ;

- - ~_ - _ _ _ - -_____ - . _ _ _ _ __._-.-___ _ ____- _-_- _ - -

Date of Referral Case Name . Type of P.oc;;dng Status Commission Action 16). 9/15/98 Duke Energy Co. (Oconee) Reactor License Renewal Appeal period expires 1/13/99. The Commission referred Application - Sua sponte period expires 2/8/99. the case to the Board and '

Subpart G offers both guidance and LBP-98-33,48 NRC _ (12/29/98) a suggested schedule for denied intervention to the sole the proceeding. CLI petitioner. 17,48 NRC 123 (9/15/98).

The Commission is currently awaiting an expected appeal of LBP-98-33 from petitioner.

17) 10/5/98 Shaun P. O'Ilern Reactor Operator Hearing pending. --

License Application-Subpart L

18) 10/26/98 Advanced Medical Systems Materials License - Hearing pending. In CLI-8-32 --

Subpart L (12/23/98), the Presiding Officer.

(License Denial) consolidated proceedings and granted intervention status.

19) 10/26/98 Michael A. Philippon Reactor Operator Hearing pending. --

License Application -

Subpart L

20) 11/30/98 Cabot Performance Materials Materials License Hearing pending. --

(MLA) Amendment (Decommissioning)-

Subpart L

[

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__ . _ _ _ _ _ . _ _ . _ _ _ _ _ _ _ _ _ _ _ = _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ .__ _ _ _ _ _ _ . . -

~

s Date of Referral Case Name Type of Proceeding Status Coanmission Action i'

21) 12/10/98 International Uranium (USA) Materials License Board decision on intervention - -

Corp. (MLA-5) Amendment - petition is pending.

Subpart L >

22)! -12/15/98 Cabot Performance Materials Materials License Ilearing requested. A separate -

(MLA-2) Amendment Licensing Board was established on ,

(Decommissioning)- 12/16/98. There exists an  !

Subpart L established Licensing Board considering challenges to this same license amendment application.

Consequently, the new petitioners may bejoined as parties in the existing litigation.

23) 12/29/98 Special Testing Laboratories. Enforcement Action IIcaring requested. -

Inc. (immediate suspension of license) ,

24) 12/29/98 Shieldalloy Metallurgical Corp. Materials License flearing requested. -

Amendment -

Subpart L -

t i,

i I

i

. +

PROCEEDINGS DECIDED AND REFERRED TO THE ATOMIC SAFETY O LICENSING BOARD - CY-1998 CHART 4 PERIOD FINAL NEW SUBSTANTIVE TYPES OF NEW PROCEEDINGS PROCEDURAL RULES GOVERNING ASLBP PROCEED- NEW PROCEEDINGS DECISIONS INGS REFERRED TO THE ASLDP ENFORCEMENT REACTOR REACTOR REACTOR MATERIALS DECOMMIS- OTHER SUBPART SUBPART PART 13 LICENSE LICENSE OPERATOR LICENSING - STONING G L AMENDM'T RE NEWAL MATTERS JULY - DEC. 6 6 4 2 0 0 0 0 0 6 0 0 1991 JAN - JUNE 11 11 4 2 0 0 1 4 0 11 0 0 1992 JULY - DEC. 6 '

7 2 3 0 0 1 1 0 5 2 0 1992 JAN. - JUNE 2 5 2 2 0 0 0 0 1 4 0 1 1993 JULY - DEC. 6 6 4 1 0 0 0 1 0 6 0 0 1993 JAN. - JUNE 5 12 7 0 0 0 3 1 1 7 4 1 1994 JULY - DEC. 9 8 4 1 0 0 3 0 0 5 3 0 1994 JAN. - JUNE 5 3 2 0 0 0 1 0 0 2 1 0 1995 JULY - DEC, i 8 1 0 1 0 0 0 0 0 1 0 0 1995 JAN.-JUNE 10 6 3 1 0 1 0 1 0 5 1 0 1996 JULY - 9 3 1 0 0 1 1 0 0 2 1 0 JUNE 1996 JAN. - JUNE 11 7 1 1 0 1 4 0 0 2 5 0 1997 JULY-DEC 12 6 4 0 0 0 2 0 0 5 1 0 ,

1997

• 1998 20 24 5 7 2 3 7 0 0 14 10 0

. L

~1- t

KEY: o Enforcement proceeding 2 includa those initinted by ord:srs impoling a civil penalty,' ordera ta modify, turpend, or rivoko o licenr, or orders to individuals.

.o Reactor licensing proceedings concern applications for a construction permit or operating license, amendments to permits or

. operating licenses, or applications to transfer a license.

o Reactor renewal proceedings involve applications for 20-year renewals of power reactor operating licenses.

o Reactor Operator proceedings involve challenges to the staff's rejection of either reactor operator or senior reactor operator license applications.

o Materials licensing proceedings involve applications to grant an initial license, or to amend or renew a license for the possession and use of radioactive materialin various applications regulated by the NRC.

o Decommissioning proceedings involve review and approval of decommissioning plans or related amendments for reactor or materials facilities.

o Other proceedings involve NRC claims made under the Program Fraud Civil Remedies Act.

O Proceedings under Subpart G and Part 13 are conducted according to formal, trial-type procedures. Subpart L proceedings are conducted under informal procedures and involve either materials licenses or reactor operator licenses.

- _ ..e-,--.- _ _ .- :---- -_ _ - - - - - , ,-- --_.- - --.- ..-.---.---.--x-.u---. .--- - - - _- - -_ - - - - - --_ _ _ _ --a

. w.

COMMISSION DECISIONS ON ADJUDICATORY MATTERS - CY-1998 ~ CHART 5 PERIOD REQUESTS BASIS FOR COMMISSION JURISDICTION SUBSTANTIVE TYPES OF CASES FOR REUEF or SUA SPONTE MATTERS DECIDED APPEAL / tNTERLOCU- INTERLOCU- ORIGINAL SUA ENFORCE- REACTOR REACTOR REACTOR MATE- DECOM- OTHER PET!TLON FOR TORY TORY JURtSDIC- SPONTE MENT LICENS*G UCENSE OPERATOR R1ALS MISSION-HEVIEW ON APPEAL, AS APPEAL, TION ACTION ACTION MATTERS RENEWAL UCENSE UCENSE ING THE MERITS OF RIGHT DISCRETION-Il 2.714a) ARY JULY-OEC. 6 0 2 0 2 2 0 5 0 0 0 1 0 '

'91 JAN. -JUNE 15 2 5 1 5 2 2 5 0 0 1 7 0

'92 JULY - 7 1 1 1 3 1 1 2 0 0 3 1 0 DEC. '92 JAN. 14 1 3 1 8 1 2 6 0 0 2 4 0 JUNE '93 JULY - 12 2 2 2 3 3 4 7 0 0 0 0 1 DEC '93 JAN. - 9 2 0 2 5 0 2 2 0 0 1 2 2 JUNE '94 JULY - 7 0 4 1 1 1 4 2 0 0 0 1 0 DEC. '94 JAN. - 9 3 0 3 3 0 2 2 0 0 3 1 1 JUNE'95 JULY - 8 2 1 2 2 1 1 5 0 0 2 0 0 DEC. '95 JAN. 7 3 1 0 2 1 1 1 0 0 1 4 0 JUNE '96 JULY - 6 6 0 0 0 0 0 1 0 1 1 1 2 DEC. '9ts JAN- 8 6 1 0 1 0 1 0 0 1 5 0 1 JUNE '97 JULY - 7 5 1 0 1 0 2 0 0 1 4 0 0 DEC. '97 1998 25 2 7 4 10 2 1 4 5' O 10 0 5

KEY: ' o Original jurisdiction iaixercised by the Commixia ovcr, e.a., cxport licanting m;ttera, m tions ta qunh investigitary subpoenas, reconsideration and some stay motions, requests for hearing in some circumstances, and motions to reopen closed adjudicatory 3roceedings.

o Commiss an sua sponte action is taken to provide additional guidance to the staff or the ASLBP on matters of policy or procedure 8

in the exercise of the Commission's inherent supervisory authority over adjudications and other agency business, o Enforcement proceedings include those initiated by orders imposing a civil penalty l orders to modify, suspend, or revoke a license, or orders to individuals. Decisions on motions to quash investigatory subpoenas are also included.

o Reactor licensing proceedings concern applications for a construction permit or operating license, amendments to permits or operating licenses, or applications to transfer a license.

o Reactor renewal proceedings involve applications for 20-year renewals of power reactor operating licenses.

o Reactor Operator proceedings involve challenges to the staff's rejection of either reactor operator or senior reactor operator license applications.

o Materials licensing proceedings involve applications to grant an initial license or to amend or renew a license for the possession and use of radioactive material ir. various applications regulated by the NRC.

O Decommissioning proceedings involve review and approval of decommissioning plans or related amendments for reactor or materials facilities.

o Other matters include requests _for hearing or other relief in matters involving export licensing (Part 110) or the U.S. Enrichment Corp. They also include the Commission's Policy Statement on Adjudicatory Proceedings.

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