NRC SEEKS PUBLIC COMMENT ON USE OF ALTERNATE DISPUTE RESOLUTION
IN ITS ENFORCEMENT POLICY

The Nuclear Regulatory Commission is seeking public comment on the possible use of alternative dispute resolution (ADR) in its enforcement policy.

ADR can involve the use of a neutral third party to resolve conflicts that can include facilitated discussion, mediation, fact-finding, mini-trials and arbitration. The Environmental Protection Agency, the U.S. Navy and the Federal Energy Regulatory Commission have used these techniques effectively. The NRC is considering using ADR in its enforcement policy.

In considering the possible use of ADR, the agency has identified a number of issues that must be evaluated. These include the point at which it would be appropriate to use ADR in the enforcement process and the possible implications for the confidentiality of settlement discussions in a process that has generally been conducted openly.

In order for the staff to evaluate whether, and how ADR should be used, the staff has prepared a list of questions it is seeking public comment on. The list of questions will be published in an upcoming edition of the Federal Register and may be examined at the NRC Public Document Room, One White Flint North building, 11555 Rockville Pike, Rockville, Maryland.

Written comments may be sent to 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. Comments may also be submitted to Mr. Lesar via e-mail at:MTL@NRC.GOV. All comments should be submitted within 45 days of publication of the Federal Register notice.

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Last revised Wednesday, June 25, 2003