Why did the Commission eliminate formal discovery and cross-examination for most proceedings?
The Commission believes that eliminating formal discovery and cross-examination will improve case management by avoiding needless delay and unproductive litigation, while easing the burdens of participation in the hearing process for all participants. With regard to discovery, the final rule requires the early disclosure of documents, information, and witnesses by all parties, and mandates that the NRC staff must prepare a hearing file in proceedings conducted under Subparts L and N, giving all participants access to relevant information at the start of the hearing process without the need for more formal discovery. In Subpart J proceedings, the NRC staff is required to maintain an electronic docket, and all potential parties are required to participate in the Licensing Support Network, which allows access to all relevant documents. The aggregate of these mandatory disclosure mechanisms provides for discovery equal to or greater than the “discovery” provisions for on-the-record adjudic
