If a contested hearing is held, the licensing board “should manage the schedule such that the overall hearing process is completed within 315 days” of the FR notice. That timeline fits the NRC’s plans to complete its review of Orano Enrichment’s license application in 12 months; in the past, similar reviews typically have run 18–20 months.
In the event there is a contested hearing on the application, the NRC does not intend to also conduct an uncontested hearing. In comments appended to the notice, NRC Commissioner Matthew J. Marzano expressed some doubts regarding the agency’s intended handling of a hearing on the application, saying, “The order rests on an overly permissive reading of Section 193 that I do not share.”
Section 193 refers to the Atomic Energy Act section that addresses the licensing of uranium enrichment facilities. It states that the NRC “shall conduct a single adjudicatory hearing on the record with regard to the licensing of the construction and operation of a uranium enrichment facility under sections 53 and 63.”
Commission guidance on the selection of hearing procedures provided in the FR notice suggests that a contested hearing—should one be conducted—would fulfill the requirement for an uncontested hearing. Once a licensing board rules on contentions, either on threshold admissibility or on merits, the hearing record would be held open until after an environmental impact statement is prepared.
Marzano said he supports the NRC’s efforts at “timely, efficient adjudication” but believes the proposed order does not meet the current requirements of the Atomic Energy Act.
He expressed concern that if no uncontested hearing on the application was held in addition to a contested hearing, as suggested by the NRC in the FR notice, this action “sets the stage for the Commission to credit any form of an adjudicatory record as sufficient for the statute's hearing requirement.”
Calling such an action a hollowing out of the statute’s requirements, Marzano clarified, “For these reasons, I would deny the order as written. Until Congress amends Section 193, we remain bound by its text. The agency should instead expedite schedules where possible without departing from the statute and what our rules require.”
The unofficial transcript of the August 7 NRC meeting—posted on the NRC’s ADAMS library—shows that Marzano made similar remarks about the topic as the commission voted to approve the Orano order. While Marzano spoke on the order and the potential hearing changes, no other commissioner provided comments.
Progress and next steps: Orano submitted its application in March, and on May 21, the NRC informed Orano that “the application provides sufficient information to proceed with a detailed technical review” and formally accepted the application for consideration.
The NRC will now perform a detailed technical review of Orano’s application and prepare a safety evaluation report. The NRC is also preparing a final environmental impact statement; according to Section 193, an enrichment facility environmental impact statement should be completed before an adjudicated hearing on the issuance of a license is completed.
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