Andrew Averbach is the NRC’s Solicitor
- How would you describe your job in three sentences or less?
Under the supervision of the General Counsel, I’m responsible for the
NRC’s federal court litigation – representing the NRC in the courts of
appeals when the agency is sued about a rule or an adjudicatory
order. When a case is filed against us, I’ll typically work with the
attorney within OGC’s Legal Counsel division assigned to the case, as
well as with the Department of Justice, to write the agency’s brief.
Either the OGC attorney or I will argue the case in court. I also
provide my views within OGC and to the Commission and the Office of
Commission Appellate Adjudication as to how proposed courses of action
are likely to be viewed if they are challenged in court.
- What is the single most important thing that you do at work?
The single most important thing I do is working with OGC attorneys to
articulate and defend the position of the Commission to federal courts.
This typically involves defending the agency’s actions against
complaints – some exaggerated, some that have at least an arguable legal
or factual basis — that the agency has acted illegally or unreasonably.
- What is the single biggest challenge you face?
The biggest challenge I face is explaining things in a way that
provides reassurance to the courts the agency has thoroughly addressed
whatever problem is being raised. The NRC has historically been regarded
by the courts as an independent and highly competent agency, and the
criticisms that underlie many of the cases brought against us often
unfairly suggest otherwise. It requires a good deal of patience to
absorb criticism of this type and to explain the agency’s view, without
slipping into jargon. Very often this involves trying to explain why the
complaints raised against the agency have been oversimplified or are
misleading.
- If you could change one thing at the NRC or within the nuclear industry, what would it be?
Having a national strategy for the management of spent fuel nuclear
fuel would certainly make defending the cases against us easier, as the
uncertainty about what will happen to reactor sites over the long term
undermines people’s willingness to accept the agency’s assurances of
safety, no matter how justified they may be. Specific to the NRC, I
would also like to impose a requirement that the salad bar in our
cafeteria always have curried cauliflower; I am very disappointed on
those days when it is removed.
- What one thing about the NRC do you wish more people knew?
I wish more people understood the depth of people’s commitment here
to do the right thing. One of the things that’s disheartening in many of
the legal briefs filed against us is the pervasive allegation that the
agency has acted with an improper motive. On some level, that’s just the
hyperbole that some people think is effective in court. However, on
another level there’s an element of distrust out there that just doesn’t
square up with the way that the agency goes about its work.
Five Questions is a new, occasional blog series in which we pose the same questions to NRC staff members from across the agency.
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