[Federal Register Volume 67, Number 37 (Monday, February 25, 2002)]
[Notices]
[Pages 8563-8565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4380]


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NUCLEAR REGULATORY COMMISSION


Enforcement Program and Alternative Dispute Resolution; Workshop 
and Extension of Comment Period

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of workshop and extension of comment period.

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SUMMARY: The NRC is convening a workshop to more fully explore the 
potential use of Alternative Dispute Resolution (ADR) in its 
enforcement program. This workshop is in response to the notice 
published in the Federal Register on December 14, 2001; 66 FR 64890, 
that announced NRC's intent to evaluate the use of ADR in its 
enforcement program. This notice also announces that NRC is extending 
the comment period for the December 14, 2001, notice to March 29, 2002. 
The objectives of the workshop will be to develop a better 
understanding of the range of ADR techniques, how they might apply to 
specific NRC enforcement scenarios, and the potential advantages and 
disadvantages of the use of ADR in various parts of the NRC enforcement 
process. The format of the workshop will be a facilitated discussion 
among the invited

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participants of interests that may be affected by the use of ADR in the 
NRC enforcement process, as well as expert ADR practitioners from other 
agencies and private practice. The list of invited participants, as 
well as the agenda for the workshop, will be posted at the NRC Web site 
(www.nrc.gov) at url http://www.nrc.gov/what-we-do/regulatory/enforcement/public-involvement.html.
    Invited participants currently include representatives from the 
Union of Concerned Scientists, the Nuclear Energy Institute, the 
Environmental Protection Agency's Conflict Prevention and Resolution 
Center, ADR experts from other federal agencies and private practice, 
and participants from the nuclear energy bar and the whistleblower 
protection bar. Representatives from the NRC Office of Enforcement will 
also participate in the discussion. The workshop will be open to the 
public. Although the focus of the discussion will be among the invited 
participants, the audience will be able to engage in the discussion at 
selected points during the workshop.

DATES: The workshop will be held on March 12, 2002, from 9 a.m. to 5 
p.m. The comment period is extended to March 29, 2002.

ADDRESSES: The workshop will be held at the Kentlands Mansion, 320 Kent 
Square Road, Gaithersburg, MD 20878. Directions to Kentlands Mansion 
will be available at the NRC Web site address cited above. In order to 
optimize the limited space at the facility, it would be helpful if 
those planning to attend the workshop would notify Mr. Terrence Reis, 
Senior Enforcement Specialist, Office of Enforcement, U.S. Nuclear 
Regulatory Commission, by March 4, 2002. Mr. Reis's contact information 
is contained below in the FOR FURTHER INFORMATION CONTACT section.
    In terms of the extended public comment period, submit written 
responses to the notice published on December 14, 2001, to Mr. Michael 
Lesar, Chief, Rules and Directives Branch, Division of Administrative 
Services, Office of Administration, Mail Stop T-6D59, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001. Hand deliver comments 
to: 11555 Rockville Pike, Rockville, Maryland, between 7:30 a.m. to 
4:15 p.m. on Federal workdays. Copies of comments received may be 
examined at the NRC Public Document Room, 11555 Rockville Pike, 
Rockville, MD 20852. Comments also may be sent electronically to Mr. 
Lesar, e-mail [email protected].

FOR FURTHER INFORMATION CONTACT: Terrence Reis, Senior Enforcement 
Specialist, Office of Enforcement, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001 (301) 415-3281, e-mail [email protected] or Francis 
X. Cameron, NRC ADR Specialist, Office of the General Counsel, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, (301) 415-
1642, e-mail [email protected].

SUPPLEMENTARY INFORMATION: ``ADR'' is a term that refers to a number of 
voluntary processes, such as mediation and facilitated dialogues, that 
can be used to assist parties in resolving disputes and potential 
conflicts. The Administrative Dispute Resolution Act of 1996 (ADRA) 
encourages the use of ADR by Federal agencies, and defines ADR as ``any 
procedure that is used to resolve issues in controversy, including but 
not limited to, conciliation, facilitation, mediation, fact finding, 
mini trials, arbitration, and use of an ombudsman, or any combination 
thereof.'' 5 U.S.C. 571(3). These techniques involve the use of a 
neutral third party, either from within the agency or from outside the 
agency, and are typically voluntary processes in terms of the decision 
to participate, the type of process used, and the content of the final 
agreement. Federal agency experience with ADR has demonstrated that the 
use of these techniques can result in the more efficient resolution of 
issues, more effective outcomes, and improved relationships between the 
agency and the other party.
    The NRC has a general ADR Policy, 57 FR 36678, August 14, 1992 that 
supports and encourages the use of ADR in NRC activities. In addition, 
the NRC has used ADR effectively in a variety of circumstances, 
including rulemaking and policy development, and EEO disputes. There 
has been no systematic evaluation of the need for ADR in the 
enforcement process. As part of the NRC's participation in an 
interagency process in 1998 by the Clinton Administration to encourage 
a broader use of ADR by Federal agencies, and an inquiry in regard to 
the use of ADR in a specific enforcement case, have caused the NRC to 
consider whether a new, specific ADR policy would be beneficial in the 
enforcement area.
    The Commission previously requested public comment on the potential 
use of ADR in the Commission's enforcement process at 66 FR 64890, on 
December 14, 2001. In that Notice, the Commission identified a number 
of issues on which it specifically requested comment:
    1. Is there a need to provide for additional avenues, other than 
that provided for in 10 CFR 2.203, for the use of ADR in NRC 
enforcement activities?
    2. What are the potential benefits of using ADR in the NRC 
enforcement process?
    3. What are the potential detriments of using ADR in the NRC 
enforcement process?
    4. What would be the scope of disputes for which ADR techniques 
could be utilized?
    5. At what points in the existing enforcement process might ADR be 
used?
    6. What types of ADR techniques might most effectively be used in 
the NRC enforcement process?
    7. Does the nature of the existing enforcement process for either 
reactor or materials licensees limit the effectiveness of ADR?
    8. Would any need for confidentiality in the ADR process be 
perceived negatively by the public?
    9. For policy reasons, are there any enforcement areas where it 
shouldn't be used, e.g., wrongdoing, precedent-setting areas?
    10. What factors should be considered in instituting an ADR process 
for the enforcement area?
    11. What should serve as the source of neutrals for use in the ADR 
process for enforcement?
    Several responses have been received on these and other issues in 
response to the request for public comment. The NRC is now taking two 
actions:
    1. The NRC is extending the public comment period on the original 
(December 14, 2001) Federal Register Notice to March 29, 2002; and
    2. The NRC is convening a workshop to more fully explore the 
potential use of ADR in its enforcement program. The objectives and 
format for the workshop are stated in the SUMMARY section of this 
notice.
    Francis X. Cameron, the Commission's Alternative Dispute Resolution 
Specialist, will be the convener and facilitator for the workshops. 
Questions about participation may be directed to the facilitator, 
Francis X. Cameron. Copies of the original Federal Register Notice 
requesting comment on the potential use of ADR in the NRC enforcement 
process, the NRC's existing ADR policy statement, the public comments 
received, the agenda for the workshop, and the roundtable participants, 
can be obtained at the NRC Web site (www.nrc.gov) at url http://www.nrc.gov/what-we-do/regulatory/enforcement/public-involvement.html
    Copies also can be obtained from either of the NRC contacts 
identified at the beginning of this notice. The

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workshop commentary will be transcribed and made available to the 
participants and the public.

    Dated at Rockville, Maryland, this 19th day of February, 2002.

    For the Nuclear Regulatory Commission.
Frank J. Congel,
Director, Office of Enforcement.
[FR Doc. 02-4380 Filed 2-22-02; 8:45 am]
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