The Licensing and Adjudicatory Processes of the U.S. Nuclear Regulatory Commission

The Licensing and Adjudicatory Processes
of the U.S. Nuclear Regulatory
Commission
Pennsylvania State University
Nuclear Engineering Seminar
September 2, 2015
Stephen G. Burns
Chairman
Nuclear Regulatory Commission
Office: (301) 415-1750
[email protected]
THE NRC: WHO WE ARE
The Atomic Energy Act of 1954
The Energy Reorganization Act of 1974
Established the NRC to
independently regulate
commercial use of
nuclear material,
including
nuclear power.
Other duties of the former
Atomic Energy Commission were assigned to the
Department of Energy.
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THE NRC: WHO WE ARE (cont.)
The NRC is headed by five
Commissioners, all nominated by the
President and confirmed by the Senate
for staggered five-year terms. No more
than three can be from the same
political party.
The President designates one member of
the Commission to serve as Chairman
and official spokesperson.
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THE NRC: WHO WE ARE (cont.)
The
Commission
Formulates policies
and regulations
governing nuclear
reactor and
materials safety
Issues orders
to licensees
Adjudicates legal
matters brought
before it
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THE NRC: WHO WE ARE (cont.)
The NRC employs
approximately 3,700 people
among its suburban
Maryland headquarters and
four regional offices in
Pennsylvania, Georgia,
Illinois and Texas including
at least two Resident
Inspectors at each nuclear
power plant site.
The NRC receives a
budget each fiscal year
from Congress. By law,
the NRC must recover,
through fees billed to
licensees, approximately
90 percent of its budget
authority, which in FY
2015 approximated $1
billion.
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THE NRC’S ORGANIZATION
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THE NRC: OUR MISSION
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THE NRC: ADEQUATE PROTECTION
• The Atomic Energy Act of 1954, as amended, establishes
"adequate protection" as the standard of safety on which NRC
regulation is based.
• In the context of NRC regulation:
– Safety means providing reasonable assurance of adequate protection
for the public in connection with the use of source, byproduct, or
special nuclear materials.
– Adequate protection essentially means ensuring that the use of
radioactive materials pose no undue risk to public health and safety.
– Compliance means meeting applicable regulatory requirements.
• Adequate protection is presumptively assured by a licensee’s
compliance with NRC requirements.
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THE NRC: HOW WE MEET OUR MISSION
Safety:
Prevent and
mitigate
accidents
and ensure
radiation safety
Management:
Security:
Maintain
Ensure protection
high-performing
of nuclear facilities,
workforce and ensure
radioactive materials,
access to key information,
and classified
while preserving the
and safeguards
security of sensitive
information
information
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THE NRC REGULATES:
Radioactive materials
for medical, industrial
and academic use
Commercial
power reactors, research
and test reactors and
new reactor designs
Nuclear
Materials
Nuclear
Reactors
Radioactive
Waste
Nuclear
Security
Transportation, storage
and disposal of
nuclear material and
waste, and
decommissioning of
nuclear facilities
Physical security,
source security and
cyber security
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PARTNERS IN REGULATION – AGREEMENT
STATES
The NRC has granted
37 Agreement States
authority to regulate
certain radioactive
material. Those states
develop regulations
and appoint officials to
ensure the materials
are used safely and
securely. The NRC
retains authority over
nuclear reactors, fuel
fabrication facilities and
certain amounts of
radioactive material
that can fission (split
apart).
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PARTNERS IN REGULATION – OTHERS
The NRC works with many other
agencies and organizations
including:
•
•
•
•
•
•
•
•
•
Department of Energy
Department of Transportation
Environmental Protection Agency
Department of Homeland Security
Federal Bureau of Investigation
Department of Health and
Human Services
Federal Emergency Management Agency
U.S. Congress
International Atomic Energy Agency
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THE NRC DOES NOT REGULATE:
Regulate nuclear weapons, military reactors or space vehicle
reactors (These are regulated by other federal agencies.)
Lobby for nuclear power (The nation’s nuclear agenda is set
by the President and the Congress.)
Own or operate nuclear power plants
Regulate naturally occurring radon or X-rays (These are
regulated by states or other federal agencies.)
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Overview of the NRC’s Regulatory Process
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OPEN TO THE PUBLIC
The NRC places a high priority
on keeping the public and
stakeholders informed of its
activities. At www.nrc.gov,
you can:
• Find public meeting dates
and transcripts;
• Read NRC testimony,
speeches, press releases
and policy decisions;
• Access the agency’s
Electronic Reading Room to
find NRC publications and
documents; and
• Connect with the NRC on
social media sites.
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NRC PUBLIC PARTICIPATION AND INTERACTION
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REGULATING REACTORS
The NRC’s safety philosophy includes:
Multiple,
redundant and
independent
safety systems
Multiple physical barriers,
including robust reactor
containment to prevent
radioactive release
Testing of
emergency
plans
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THE LICENSING PROCESS
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THE LICENSING PROCESS (cont.)
• The NRC’s licensing process for both material users and power
and non-power reactors are conducted in accordance with the
NRC’s procedures (10 CFR Part 2), regulations, and guidance.
• Specific licenses are issued for the construction or operation of
power or non-power reactors or to operators. These licenses are
generally issued under Parts 50 (construction permit), 52
(combined license or early site permit), 54 (renewal), or 55
(operator licenses). RTRs operate under a Class 104 licensee
issued under Part 50.
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THE LICENSING PROCESS (CONT.)
• The process for obtaining, amending, renewing, transferring or
otherwise modifying an NRC specific license, in most instances,
includes both a safety review (the effect of the facility on the public
health and safety) and an environmental review (the impacts of the
facility on the environment).
• One of the most important aspect of a licensing action is the
application. The applicant must submit an application that meets
the requirements set forth in the NRC’s regulations. The higher the
quality of the application, generally the quicker the agency review.
• Another important aspect of a licensing action review is a
responsive applicant. Regardless of the amount of guidance and
communication between the applicant and the NRC staff there will
always be questions. The quicker the applicant responds to those
questions the sooner the NRC staff can continue its review.
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THE LICENSING PROCESS (CONT.)
•
The process for obtaining, amending, renewing, transferring or otherwise
modifying an NRC specific license, in most instances, includes both a safety
review (the effect of the facility on the public health and safety) and an
environmental review (the impacts of the facility on the environment). Once an
applicant submits an application for a new reactor license, a reactor license
amendment, or a renewed reactor license, the following generally occurs:
– NRC staff conducts an acceptance review of the application, i.e., whether the
application contains sufficient information to conduct a detailed review.
– NRC staff publishes notice of receipt of application in the Federal Register informing
the public that the application has been received and of their right to request
intervention and a hearing.
– The NRC issues a news release announcing receipt of the application.
– NRC staff holds a public meeting near the proposed or existing site (additional public
meetings will be held during the licensing process).
– NRC staff initiates the environmental review process if required under the National
Environmental Policy Act of 1969.
– NRC staff reviews the application to determine whether the proposal meet all
applicable regulations and is adequate to ensure the public health and safety
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THE LICENSING PROCESS (CONT.)
– Once the staff completes its safety review it will prepare a Safety
Evaluation Report summarizing its findings. In addition, the Advisory
Committee on Reactor Safeguards (ACRS), an independent group
that provides advice on reactor safety to the Commission, will review
the application and submit the results of its review in a report to the
Commission via a letter to the Chairman of the NRC.
– Once the staff complete its environmental review it will issue a Draft
Environmental Impact Statement for public comment, after which the
agency issues a Final Environmental Impact Statement.
– Adjudicatory hearing(s). There are two types of hearings that may
apply to an application 1) a mandatory uncontested hearing and 2) a
contested hearing responding to successful intervention/hearing
requests from a member of the public.
– Prior to the issuance or denial of the requested license, all applicable
hearings must be held and an adjudicatory decision issued.
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THE ADJUDICATORY PROCESS
•
Under section 189a. of the Atomic
Energy Act, Congress established
an adjudicatory process that
promotes public involvement in
hearings on a variety of civilian
nuclear matters.
•
Individuals or groups can raise legal
arguments concerning a new reactor
application in a hearing if they would be affected by the new reactor and
meet basic requirements for requesting a hearing.
•
Hearings are conducted in accordance with the Rules of Practice
established in 10 CFR Part 2 of NRC's regulations.
•
The NRC's hearing process makes it possible for the public to get a full
and fair hearing on civilian nuclear matters.
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THE ADJUDICATORY PROCESS (CONT.)
• Administrative judges from the Atomic Safety and Licensing Board
Panel (ASLBP) generally conduct these hearings. On occasion the
Commission itself may preside at a hearing.
• The ASLBP's judges are employees of the NRC; however, under
NRC rules and under the Administrative Procedure Act, they are
independent from the NRC staff. The judges have no stake in the
outcome of a proceeding, and reach objective decisions based on
the record.
• The Commission entertains appeals and petitions for review of the
decisions of the ASLBP. The Secretary of the Commission
maintains the files for NRC's licensing and enforcement
adjudications, known as the Adjudicatory Docket.
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THE ADJUDICATORY PROCESS (CONT.)
•
To participate in NRC hearings, members of the public must explain the nature of
their interest in the proposed NRC licensing or enforcement action and set forth the
reasons and bases for their concerns. Generally, hearings are sought by those who
reside or work near an affected nuclear facility and who believe that a proposed
action raises environmental or safety questions.
•
For some cases, particularly in the enforcement and certain reactor licensing areas,
the NRC employs a formal, trial-type process similar to the procedures used in nonJury Federal court lawsuits, including pretrial discovery between the parties and
questioning of witnesses at an evidentiary
hearing.
• In most cases, however, the NRC follows a
more informal hearing process. Decisions
of licensing boards can be appealed to the
Commission, and Commission decisions
can be appealed to the U.S. Courts of
Appeals.
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THE ADJUDICATORY PROCESS (CONT.)
NRC's regulations in 10 CFR Part 2 specify different types of hearing
processes for different types of agency actions, including:
• Commission-Ordered Proceedings.
– Hearings can be conducted for any nuclear-related matter that the
NRC Commission directs (see also Subparts H and O of 10 CFR Part
2).
• Enforcement Proceedings.
– Hearings are available to individuals, employees, licensees,
contractors, subcontractors, and vendors to contest penalties such as
monetary fines, facility shutdown, or license revocation for infractions
of NRC regulations (see also Subparts B, C, G, L, and N of 10 CFR
Part 2).
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THE ADJUDICATORY PROCESS (CONT.)
•
Reactor Licensing. Hearings are required to be held on every
application for a construction permit for a nuclear power reactor, nonpower reactor, or testing facility, as well as a combined construction
permit and operating license for a nuclear power reactor or an early
site permit. These required hearings are referred to as “mandatory
hearings” and are generally uncontested.
In addition to the mandatory hearing, the public also has the
opportunity to request a hearing on contested issues raising health,
safety and, in some instances, antitrust issues (see also Subparts C,
D, E, F, G, and L to 10 CFR Part 2).
•
Reactor License Amendments. Affected parties may challenge
proposed license amendments that seek to change the operating
requirements, ownership, or the physical configuration of nuclear
reactors or spent fuel pools. If public health and safety warrants,
hearings will be required before the license amendment is authorized
(see also Subparts A, C, K, L, and M to 10 CFR Part 2).
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THE ADJUDICATORY PROCESS (CONT.)
•
Mandatory Hearings
– Frequently held before the Commission, are legislative style hearings
where the parties, the applicant and the NRC staff, present testimony on
certain uncontested issues and respond to Commissioner questions.
– Although open to the public, members of the public are not able to
participate in a mandatory hearing.
•
Contested Hearings
– May be held before an ASLBP or the Commission.
– Members of the public that have been granted intervention in the
proceeding will participate as separate parties and may present witnesses
and testimony.
– Generally cross-examination of the various parties’ witnesses if performed
by the ASLBP or the Commission.
– Decisions issued by the ASLBP in contested hearing may be appealed to
the Commission.
– Review of decisions issued by the Commission in most instances be
subject to judicial review by the U.S. Courts of Appeal.
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CAREERS WITH THE NRC
• The NRC is consistently ranked as one of the "Best Places to Work
in the Federal Government"® based on data from the Office of
Personnel Management, Federal Employee Viewpoint Survey.
See www.bestplacestowork.org.
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CAREERS WITH THE NRC
•
The NRC has both entry-level positions and positions for employees with experience in the workforce
in their field.
•
The NRC has developed a number of special entry-level initiatives, summer programs, and internship
opportunities, including:
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The Nuclear Safety Professional Development Program
•
–
Honor Law Graduate Program
•
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A 2-year judicial clerkship with the Atomic Safety and Licensing Board Panel (ASLBP).
The Student Internships
•
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A formal, structured work program for undergraduate and graduate students to work on an alternate or parallel work
schedule at the NRC.
Judicial Law Clerk Program
•
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A 2-year program consisting of rotational assignments through different divisions in the NRC’s Office of the General
Counsel (OGC) designed to expose the employee to the diverse legal practice at the NRC.
The Co-operative Education Program
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An 18-month rotational, training, and developmental program designed to provide the incumbent with a broad
perspective of the NRC’s operations.
A summer employment program for college students.
OGC Summer Intern Program
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A summer employment program for 1st year and 2nd year law school students.
•
Information about these and other NRC employment opportunities is available on the NRC’s web site
at www.nrc.gov/about-nrc/employment.html.
•
You can also search for current NRC job openings on the official job site of the U.S. Federal
Government, USAJOBS.gov.
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CAREERS WITH THE NRC
• The NRC is as committed to finding great employees, as we are in
providing outstanding career opportunities. To that end, we
participate in events around the country — events for students,
professionals, scientists and engineers, veterans, and others.
• The NRC will be present at the Penn State Mechanical and
Nuclear Engineering Reception on September 16, 2015.
• The NRC will also be participating in the Penn State University Fall
Career Days on September 17, 2015.
• Please stop by the NRC’s booth.
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STAY CONNECTED
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Questions?
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