US NRC Blog Update: Fifty Years of Laying Down the Law on Things Nuclear

Fifty Years of Laying Down the Law on Things Nuclear

Leave a Comment Posted by Moderator on November 20, 2013

Roy Hawkens

Chief Administrative Judge

ASLB Panel

 

Fifty years ago, the U.S. was performing its first nuclear test at the Nevada Test Site, the Beach Boys introduced “surfin’ ” music, and three prisoners supposedly became the first and last to ever successfully escape from the prison on Alcatraz. And the first Atomic Safety and Licensing Board (ASLB) was created, and presided over a hearing on a proposed new nuclear reactor.
ASLBs independently review the NRC’s actions to ensure they follow not only U.S. law, including the Atomic Energy Act and the National Environmental Policy Act, but also existing agency regulations and past precedent. A Board’s rulings can make the NRC staff reconsider technical and legal conclusions they may have reached on a matter, and can even mean denial of license applications or amendments. Board decisions, though, can be appealed to the five-member Commission.

ALSB Panel Chief Administrative Judge Roy Hawkens (center) discusses Board business with ASLB Panel Associate Chief Administrative Judge Paul Ryerson (left) and ASLB Judge Alex Karlin in the Board’s Hearing Facility at NRC Headquarters.

The original Atomic Energy Act in 1954 called for a single, legally-trained “hearing examiner” – today we’d say “administrative law judge” – to preside over legal and technical challenges to nuclear licensing and regulation. Later, when Congress amended the law in August 1962, the NRC’s predecessor agency was able to use, instead, an approach that more appropriately addressed the relevant legal, scientific and regulatory issues — three-member Atomic Safety and Licensing Boards that included one or more judges with scientific expertise.
The revised law’s section 191 generally calls for a Board to have two technical members and a chairman “qualified in the conduct of administrative proceedings,” a legislative term-of-art for “lawyer.” The Atomic Energy Commission initially staffed these Licensing Boards using a pool of four attorneys (three of whom were already hearing examiners) and 11 technical specialists in areas including physics, nuclear engineering and nuclear chemistry.
The Board approach was put into practice in November 1962, for the Power Reactor Development Corp. case involving the Michigan-based Fermi I reactor. A week later the AEC appointed another Board to handle an uncontested construction permit case for a proposed Babcock and Wilcox test reactor near Lynchburg, Va. The Babcock and Wilcox Board conducted the first ASLB evidentiary hearing in Lynchburg on Dec. 10, 1962, and issued the first Board initial decision on Jan. 14, 1963.
In April 1967, the AEC created a process by which individuals from a panel of judges are assigned to particular Boards. Today’s NRC refers cases to the ASLB Panel’s chairman, who selects judges from among the Commission-appointed pool of full-time and part-time members. All told, between November 1962 and today, these special judges have presided over some 900 cases, covering not only issuing and renewing nuclear power reactors licenses, but also nuclear fuel cycle issues such as uranium enrichment.
The Boards’ work also examines licensing various medical, academic, and industrial uses of nuclear materials, as well as high and low-level nuclear waste disposal facilities (such as dry cask spent fuel storage); reactor and materials site decommissioning; and cases involving enforcement orders and civil penalties.
As ASLBs have presided over all these cases, the Panel’s pool of experts has expanded beyond law, nuclear engineering, and physics. Over the years, Board members have had expertise in such disciplines as health physics, medicine, chemistry, marine and land biology, ecology and environmental science, oceanography, geology and geophysics, economics, and mechanical, civil, sanitary, and environmental engineering. The five-member NRC Commission appoints both the full-time and part-time Panel members for their technical and legal expertise.