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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 10:10:1.0.1.1.2.0.19.1 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | § 2.1 Scope. | NRC | [56 FR 40684, Aug. 15, 1991, as amended at 72 FR 49470, Aug. 28, 2007] | This part governs the conduct of all proceedings, other than export and import licensing proceedings described in part 110, under the Atomic Energy Act of 1954, as amended, and the Energy Reorganization Act of 1974, for— (a) Granting, suspending, revoking, amending, or taking other action with respect to any license, construction permit, or application to transfer a license; (b) Issuing orders and demands for information to persons subject to the Commission's jurisdiction, including licensees and persons not licensed by the Commission; (c) Imposing civil penalties under Section 234 of the Act; (d) Rulemaking under the Act and the Administrative Procedure Act; and (e) Standard design approvals under part 52 of this chapter. | ||||||
| 10:10:1.0.1.1.2.0.19.2 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | § 2.2 Subparts. | NRC | [69 FR 2233, Jan. 14, 2004] | Each subpart other than subpart C of this part sets forth special rules applicable to the type of proceeding described in the first section of that subpart. Subpart C sets forth general rules applicable to all types of proceedings except rulemaking, and should be read in conjunction with the subpart governing a particular proceeding. Subpart I of this part sets forth special procedures to be followed in proceedings in order to safeguard and prevent disclosure of Restricted Data. | ||||||
| 10:10:1.0.1.1.2.0.19.3 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | § 2.3 Resolution of conflict. | NRC | [69 FR 2233, Jan. 14, 2004] | (a) In any conflict between a general rule in subpart C of this part and a special rule in another subpart or other part of this chapter applicable to a particular type of proceeding, the special rule governs. (b) Unless otherwise specifically referenced, the procedures in this part do not apply to hearings in 10 CFR parts 4, 9, 10, 11, 12, 13, 15, 16, and subparts H and I of 10 CFR part 110. | ||||||
| 10:10:1.0.1.1.2.0.19.4 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | § 2.4 Definitions. | NRC | [27 FR 377, Jan. 13, 1962] | As used in this part, ACRS means the Advisory Committee on Reactor Safeguards established by the Act. Act means the Atomic Energy Act of 1954, as amended (68 Stat. 919). Adjudication means the process for the formulation of an order for the final disposition of the whole or any part of any proceeding subject to this part, other than rule making. Administrative Law Judge means an individual appointed by the Commission pursuant to 5 U.S.C. 3105 to conduct proceedings subject to this part. Commission means the Commission of five members or a quorum thereof sitting as a body, as provided by section 201 of the Energy Reorganization Act of 1974 (88 Stat. 1242), or any officer to whom has been delegated authority pursuant to section 161n of the Act. Commission adjudicatory employee means— (1) The Commissioners and members of their personal staffs; (2) The employees of the Office of Commission Appellate Adjudication; (3) The members of the Atomic Safety and Licensing Board Panel and staff assistants to the Panel; (4) A presiding officer appointed under § 2.313, and staff assistants to a presiding officer; (5) Special assistants (as defined in § 2.322); (6) The General Counsel, the Solicitor, the Deputy General Counsel for Legislation, Rulemaking, and Agency Administration, and employees of the Office of the General Counsel under the supervision of the Solicitor; (7) The Secretary and employees of the Office of the Secretary; and (8) Any other Commission officer or employee who is appointed by the Commission, the Secretary, or the General Counsel to participate or advise in the Commission's consideration of an initial or final decision in a proceeding. Any other Commission officer or employee who, as permitted by § 2.348, participates or advises in the Commission's consideration of an initial or final decision in a proceeding must be appointed as a Commission adjudicatory employee under this paragraph and the parties to the proceeding must be given written notice of the appointment. Contested proceedi… | ||||||
| 10:10:1.0.1.1.2.0.19.5 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | § 2.8 Information collection requirements: OMB approval. | NRC | [61 FR 43408, Aug. 22, 1996] | This part contains no information collection requirements and therefore is not subject to requirements of the Paperwork Reduction Act (44 U.S.C. 3501 et seq. ). | ||||||
| 10:10:1.0.1.1.2.1.19.1 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | A | Subpart A—Procedure for Issuance, Amendment, Transfer, or Renewal of a License, and Standard Design Approval | § 2.100 Scope of subpart. | NRC | [72 FR 49470, Aug. 28, 2007] | This subpart prescribes the procedure for issuance of a license; amendment of a license at the request of the licensee; transfer and renewal of a license; and issuance of a standard design approval under subpart E of part 52 of this chapter. | ||||
| 10:10:1.0.1.1.2.1.19.10 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | A | Subpart A—Procedure for Issuance, Amendment, Transfer, or Renewal of a License, and Standard Design Approval | § 2.109 Effect of timely renewal application. | NRC | [72 FR 49473, Aug. 28, 2007, as amended at 85 FR 70437, Nov. 5, 2020; 89 FR 106250, Dec. 30, 2024] | (a) Except for the renewal of licenses identified in paragraphs (b) through (f) of this section, if at least 30 days before the expiration of an existing license authorizing any activity of a continuing nature, the licensee files an application for a renewal or for a new license for the activity so authorized, the existing license will not be deemed to have expired until the application has been finally determined. (b) If the licensee of a nuclear power plant licensed under 10 CFR 50.21(b) or 50.22 files a sufficient application for renewal of either an operating license or a combined license at least 5 years before the expiration of the existing license, the existing license will not be deemed to have expired until the application has been finally determined. (c) If the holder of an early site permit licensed under subpart A of part 52 of this chapter files a sufficient application for renewal under § 52.29 of this chapter at least 12 months before the expiration of the existing early site permit, the existing permit will not be deemed to have expired until the application has been finally determined. (d) If the licensee of a manufacturing license under subpart F of part 52 of this chapter files a sufficient application for renewal under § 52.177 of this chapter at least 12 months before the expiration of the existing license, the existing license will not be deemed to have expired until the application has been finally determined. (e) If the licensee of an Independent Spent Fuel Storage Installation (ISFSI) licensed under subpart C of part 72 of this chapter files a sufficient application for renewal under § 72.42 of this chapter at least 2 years before the expiration of the existing license, the existing license will not be deemed to have expired until the application has been finally determined. (f) If the licensee of a non-power production or utilization facility licensed under 10 CFR 50.22, or a testing facility, files a sufficient application for renewal at least 2 years before the expiration of the e… | ||||
| 10:10:1.0.1.1.2.1.19.11 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | A | Subpart A—Procedure for Issuance, Amendment, Transfer, or Renewal of a License, and Standard Design Approval | § 2.110 Filing and administrative action on submittals for standard design approval or early review of site suitability issues. | NRC | [72 FR 49474, Aug. 28, 2007; 73 FR 5716, Jan. 31, 2008; 84 FR 65643, Nov. 29, 2019] | (a)(1) A submittal for a standard design approval under subpart E of part 52 of this chapter shall be subject to §§ 2.101(a) and 2.390 to the same extent as if it were an application for a permit or license. (2) Except as specifically provided otherwise by the provisions of appendix Q to parts 50 of this chapter, a submittal for early review of site suitability issues under appendix Q to parts 50 of this chapter shall be subject to §§ 2.101(a)(2) through (4) to the same extent as if it were an application for a permit or license. (b) Upon initiation of review by the NRC staff of a submittal for an early review of site suitability issues under Appendix Q of part 50 of this chapter, or for a standard design approval under subpart E of part 52 of this chapter, the Director, Office of Nuclear Reactor Regulation, shall publish in the Federal Register a notice of receipt of the submittal, inviting comments from interested persons within 60 days of publication or other time as may be specified, for consideration by the NRC staff and ACRS in their review. (c)(1) Upon completion of review by the NRC staff and the ACRS of a submittal for a standard design approval, the Director, Office of Nuclear Reactor Regulation, shall publish in the Federal Register a determination as to whether or not the design is acceptable, subject to terms and conditions as may be appropriate, and shall make available at the NRC Web site, http://www.nrc.gov, a report that analyzes the design. (2) Upon completion of review by the NRC staff and, if appropriate by the ACRS, of a submittal for early review of site suitability issues, the NRC staff shall prepare a staff site report which shall identify the location of the site, state the site suitability issues reviewed, explain the nature and scope of the review, state the conclusions of the staff regarding the issues reviewed and state the reasons for those conclusions. Upon issuance of an NRC staff site report, the NRC staff shall publish a notice of the availability of the report in the … | ||||
| 10:10:1.0.1.1.2.1.19.12 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | A | Subpart A—Procedure for Issuance, Amendment, Transfer, or Renewal of a License, and Standard Design Approval | § 2.111 Prohibition of sex discrimination. | NRC | [72 FR 49474, Aug. 28, 2007] | No person shall on the grounds of sex be excluded from participation in, be denied a license, standard design approval, or petition for rulemaking (including a design certification), be denied the benefits of, or be subjected to discrimination under any program or activity carried on or receiving Federal assistance under the Act or the Energy Reorganization Act of 1974. | ||||
| 10:10:1.0.1.1.2.1.19.2 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | A | Subpart A—Procedure for Issuance, Amendment, Transfer, or Renewal of a License, and Standard Design Approval | § 2.101 Filing of application. | NRC | [41 FR 15833, Apr. 15, 1976] | (a)(1) An application for a permit, a license, a license transfer, a license amendment, a license renewal, or a standard design approval, shall be filed with the Director, Office of Nuclear Reactor Regulation, or the Director, Office of Nuclear Material Safety and Safeguards, as prescribed by the applicable provisions of this chapter. A prospective applicant may confer informally with the NRC staff before filing an application. (2) Each application for a license for a facility or for receipt of waste radioactive material from other persons for the purpose of commercial disposal by the waste disposal licensee will be assigned a docket number. However, to allow a determination as to whether an application for a limited work authorization, construction permit, operating license, early site permit, standard design approval, combined license, or manufacturing license for a production or utilization facility is complete and acceptable for docketing, it will be initially treated as a tendered application. A copy of the tendered application will be available for public inspection at the NRC Web site, http://www.nrc.gov, and/or at the NRC PDR. Generally, the determination on acceptability for docketing will be made within a period of 30 days. However, in selected applications, the Commission may decide to determine acceptability based on the technical adequacy of the application as well as its completeness. In these cases, the Commission, under § 2.104(a), will direct that the notice of hearing be issued as soon as practicable after the application has been tendered, and the determination of acceptability will be made generally within a period of 60 days. For docketing and other requirements for applications under part 61 of this chapter, see paragraph (f) of this section. (3) If the Director, Office of Nuclear Reactor Regulation, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, determines that a tendered application for a construction permit or operating license for a production or utili… | ||||
| 10:10:1.0.1.1.2.1.19.3 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | A | Subpart A—Procedure for Issuance, Amendment, Transfer, or Renewal of a License, and Standard Design Approval | § 2.102 Administrative review of application. | NRC | [27 FR 377, Jan. 13, 1962, as amended at 36 FR 13270, July 17, 1971; 37 FR 15130, July 28, 1972; 47 FR 9986, Mar. 9, 1982; 69 FR 2235, Jan. 14, 2004; 70 FR 61887, Oct. 27, 2005; 72 FR 49472, Aug. 28, 2007; 72 FR 57439, Oct. 9, 2007; 73 FR 5715, Jan. 31, 2008; 84 FR 65643, Nov. 29, 2019; 88 FR 57876, Aug. 24, 2023] | (a) During review of an application by the NRC staff, an applicant may be required to supply additional information. The staff may request any one party to the proceeding to confer with the NRC staff informally. In the case of docketed application for a limited work authorization, construction permit, operating license, early site permit, standard design approval, combined license, or manufacturing license under this chapter, the NRC staff shall establish a schedule for its review of the application, specifying the key intermediate steps from the time of docketing until the completion of its review. (b) The Director, Office of Nuclear Reactor Regulation, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, will refer the docketed application to the ACRS as required by law and in such additional cases as the Director or the Commission may determine to be appropriate. The ACRS will render to the Commission one or more reports as required by law or as requested by the Commission. (c) The Director, Office of Nuclear Reactor Regulation, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, will make each report of the ACRS a part of the record of the docketed application, and transmit copies to the appropriate State and local officials. | ||||
| 10:10:1.0.1.1.2.1.19.4 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | A | Subpart A—Procedure for Issuance, Amendment, Transfer, or Renewal of a License, and Standard Design Approval | § 2.103 Action on applications for byproduct, source, special nuclear material, facility and operator licenses. | NRC | [28 FR 10152, Sept. 17, 1963, as amended at 47 FR 57478, Dec. 27, 1982; 66 FR 55787, Nov. 2, 2001; 69 FR 2235, Jan. 14, 2004; 73 FR 5715, Jan. 31, 2008; 77 FR 46589, Aug. 3, 2012; 79 FR 75739, Dec. 19, 2014; 84 FR 65643, Nov. 29, 2019; 88 FR 57876, Aug. 24, 2023] | (a) If the Director, Office of Nuclear Reactor Regulation, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, finds that an application for a byproduct, source, special nuclear material, facility, or operator license complies with the requirements of the Act, the Energy Reorganization Act, and this chapter, the Director will issue a license. If the license is for a facility, or for receipt of waste radioactive material from other persons for the purpose of commercial disposal by the waste disposal licensee, or for a construction authorization for a HLW repository at a geologic repository operations area under parts 60 or 63 of this chapter, or if it is to receive and possess high-level radioactive waste at a geologic repository operations area under parts 60 or 63 of this chapter, the Director, Office of Nuclear Reactor Regulation, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, will inform the State, Tribal and local officials specified in § 2.104(c) of the issuance of the license. For notice of issuance requirements for licenses issued under part 61 of this chapter, see § 2.106(d). (b) If the Director, Office of Nuclear Reactor Regulation, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, finds that an application does not comply with the requirements of the Act and this chapter the Director may issue a notice of proposed denial or a notice of denial of the application and inform the applicant in writing of: (1) The nature of any deficiencies or the reason for the proposed denial or the denial, and (2) The right of the applicant to demand a hearing within twenty (20) days from the date of the notice or such longer period as may be specified in the notice. | ||||
| 10:10:1.0.1.1.2.1.19.5 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | A | Subpart A—Procedure for Issuance, Amendment, Transfer, or Renewal of a License, and Standard Design Approval | § 2.104 Notice of hearing. | NRC | [72 FR 49472, Aug. 28, 2007, as amended at 72 FR 57439, Oct. 9, 2007] | (a) In the case of an application on which a hearing is required by the Act or this chapter, or in which the Commission finds that a hearing is required in the public interest, the Secretary will issue a notice of hearing to be published in the Federal Register. The notice must be published at least 15 days, and in the case of an application concerning a limited work authorization, construction permit, early site permit, or combined license for a facility of the type described in §§ 50.21(b) or 50.22 of this chapter or a testing facility, at least 30 days, before the date set for hearing in the notice. 1 In addition, in the case of an application for a limited work authorization, construction permit, early site permit, or combined license for a facility of the type described in § 50.22 of this chapter, or a testing facility, the notice must be issued as soon as practicable after the NRC has docketed the application. If the Commission decides, under § 2.101(a)(2), to determine the acceptability of the application based on its technical adequacy as well as completeness, the notice must be issued as soon as practicable after the application has been tendered. 1 If the notice of hearing concerning an application for a limited work authorization, construction permit, early site permit, or combined license for a facility of the type described in §§ 50.21(b) or 50.22 of this chapter or a testing facility does not specify the time and place of initial hearing, a subsequent notice will be published in the Federal Register which will provide at least 30 days notice of the time and place of that hearing. After this notice is given, the presiding officer may reschedule the commencement of the initial hearing for a later date or reconvene a recessed hearing without again providing at least 30 days notice. (b) The notice of hearing must state: (1) The nature of the hearing; (2) The authority under which the hearing is to be held; (3) The matters of fact and law to be considered; (4) The date by which requests … | ||||
| 10:10:1.0.1.1.2.1.19.6 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | A | Subpart A—Procedure for Issuance, Amendment, Transfer, or Renewal of a License, and Standard Design Approval | § 2.105 Notice of proposed action. | NRC | [27 FR 377, Jan. 13, 1962] | (a) If a hearing is not required by the Act or this chapter, and if the Commission has not found that a hearing is in the public interest, it will, before acting thereon, publish in the Federal Register, as applicable, or on the NRC's Web site, http://www.nrc.gov, or both, at the Commission's discretion, either a notice of intended operation under § 52.103(a) of this chapter and a proposed finding that inspections, tests, analyses, and acceptance criteria for a combined license under subpart C of part 52 have been or will be met, or a notice of proposed action with respect to an application for: (1) A license for a facility; (2) A license for receipt of waste radioactive material from other persons for the purpose of commercial disposal by the waste disposal licensee. All licenses issued under part 61 of this chapter shall be so noticed; (3) An amendment of a license specified in paragraph (a) (1) or (2) of this section and which involves a significant hazards consideration; (4) An amendment to an operating license, combined license, or manufacturing license for a facility licensed under §§ 50.21(b) or 50.22 of this chapter, or for a testing facility, as follows: (i) If the Commission determines under § 50.58 of this chapter that the amendment involves no significant hazards consideration, though it will provide notice of opportunity for a hearing pursuant to this section, it may make the amendment immediately effective and grant a hearing thereafter; or (ii) If the Commission determines under §§ 50.58 and 50.91 of this chapter that an emergency situation exists or that exigent circumstances exist and that the amendment involves no significant hazards consideration, it will provide notice of opportunity for a hearing pursuant to § 2.106 (if a hearing is requested, it will be held after issuance of the amendment); (5) A license to receive and possess high-level radioactive waste at a geologic repository operations area pursuant to parts 60 or 63 of this chapter, or an amendment thereto, when the license… | ||||
| 10:10:1.0.1.1.2.1.19.7 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | A | Subpart A—Procedure for Issuance, Amendment, Transfer, or Renewal of a License, and Standard Design Approval | § 2.106 Notice of issuance. | NRC | [37 FR 15131, July 28, 1972, as amended at 38 FR 9586, Apr. 18, 1973; 46 FR 13978, Feb. 25, 1981; 47 FR 57478, Dec. 27, 1982; 66 FR 55787, Nov. 2, 2001; 69 FR 2235, Jan. 14, 2004; 72 FR 49473, Aug. 28, 2007; 73 FR 5716, Jan. 31, 2008; 77 FR 46590, Aug. 3, 2012; 84 FR 65643, Nov. 29, 2019] | (a) The Director, Office of Nuclear Reactor Regulation, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, will inform the State and local officials specified in § 2.104(c) and publish a document in the Federal Register announcing the issuance of: (1) A license or an amendment of a license for which a notice of proposed action has been previously published; (2) An amendment of a license for a facility of the type described in § 50.21(b) or § 50.22 of this chapter, or a testing facility, whether or not a notice of proposed action has been previously published; and (3) The finding under § 52.103(g) of this chapter. (b) The notice of issuance will set forth: (1) In the case of a license or amendment: (i) The nature of the license or amendment; (ii) The manner in which copies of the safety analysis, if any, may be obtained and examined; and (iii) A finding that the application for the license or amendment complies with the requirements of the Act and this chapter. (2) In the case of a finding under § 52.103(g) of this chapter: (i) The manner in which copies of the safety analysis, if any, may be obtained and examined; and (ii) A finding that the prescribed inspections, tests, and analyses have been performed, the prescribed acceptance criteria have been met, and that the license complies with the requirements of the Act and this chapter. (c) The Director of Nuclear Material Safety and Safeguards will also cause to be published in the Federal Register notice of, and will inform the State, local, and Tribal officials specified in § 2.104(c) of any action with respect to an application for construction authorization for a high-level radioactive waste repository at a geologic repository operations area, a license to receive and possess high-level radioactive waste at a geologic repository operations area pursuant to parts 60 or 63 of this chapter, or an amendment to such license for which a notice of proposed action has been previously published. (d) The Office of Nuclear Mate… | ||||
| 10:10:1.0.1.1.2.1.19.8 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | A | Subpart A—Procedure for Issuance, Amendment, Transfer, or Renewal of a License, and Standard Design Approval | § 2.107 Withdrawal of application. | NRC | [27 FR 377, Jan. 13, 1962, as amended at 28 FR 10152, Sept. 17, 1963; 69 FR 2236, Jan. 14, 2004; 73 FR 5716, Jan. 31, 2008; 77 FR 46590, Aug. 3, 2012; 84 FR 65643, Nov. 29, 2019] | (a) The Commission may permit an applicant to withdraw an application prior to the issuance of a notice of hearing on such terms and conditions as it may prescribe, or may, on receiving a request for withdrawal of an application, deny the application or dismiss it with prejudice. If the application is withdrawn prior to issuance of a notice of hearing, the Commission shall dismiss the proceeding. Withdrawal of an application after the issuance of a notice of hearing shall be on such terms as the presiding officer may prescribe. (b) The withdrawal of an application does not authorize the removal of any document from the files of the Commission. (c) The Director, Office of Nuclear Reactor Regulation, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, will cause to be published in the Federal Register a notice of the withdrawal of an application if notice of receipt of the application has been previously published. | ||||
| 10:10:1.0.1.1.2.1.19.9 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | A | Subpart A—Procedure for Issuance, Amendment, Transfer, or Renewal of a License, and Standard Design Approval | § 2.108 Denial of application for failure to supply information. | NRC | [77 FR 46590, Aug. 3, 2012, as amended at 84 FR 65643, Nov. 29, 2019] | (a) The Director, Office of Nuclear Reactor Regulation, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, may deny an application if an applicant fails to respond to a request for additional information within thirty (30) days from the date of the request, or within such other time as may be specified. (b) The Director, Office of Nuclear Reactor Regulation, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, will cause to be published in the Federal Register a notice of denial when notice of receipt of the application has previously been published, but notice of hearing has not yet been published. The notice of denial will provide that, within thirty (30) days after the date of publication in the Federal Register. (1) The applicant may demand a hearing, and (2) Any person whose interest may be affected by the proceeding may file a petition for leave to intervene. (c) When both a notice of receipt of the application and a notice of hearing have been published, the presiding officer, upon a motion made by the staff under § 2.323, will rule whether an application should be denied by the Director, Office of Nuclear Reactor Regulation, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, under paragraph (a) of this section. | ||||
| 10:10:1.0.1.1.2.10.23.1 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | J | Subpart J—Procedures Applicable to Proceedings for the Issuance of Licenses for the Receipt of High-Level Radioactive Waste at a Geologic Repository | § 2.1000 Scope of this subpart. | NRC | [90 FR 54227, Nov. 26, 2025] ] | The rules in this subpart, together with the rules in subparts C and G of this part, govern the procedure for an application for authorization to construct a high-level radioactive waste repository at a geologic repository operations area noticed under § 2.101(f)(8) or § 2.105(a)(5), and for an application for a license to receive and possess high-level radioactive waste at a geologic repository operations area. The procedures in this subpart take precedence over those in subpart C, except for the following provisions: §§ 2.303; 2.307; 2.309; 2.312; 2.313; 2.314; 2.315; 2.316; 2.317(a); 2.318; 2.319; 2.320; 2.321; 2.322; 2.323; 2.324; 2.325; 2.326; 2.327; 2.328; 2.330; 2.331; 2.333; 2.335; 2.337(a) through (f); 2.338; 2.339; 2.342; 2.343; 2.344; 2.345; 2.346; 2.348; and 2.390. The procedures in this subpart take precedence over those in subpart G, except for the following provisions: §§ 2.701, 2.702; 2.703; 2.708; 2.709; 2.710; 2.711(a) through (d); and 2.712. | ||||
| 10:10:1.0.1.1.2.10.23.10 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | J | Subpart J—Procedures Applicable to Proceedings for the Issuance of Licenses for the Receipt of High-Level Radioactive Waste at a Geologic Repository | § 2.1009 Procedures. | NRC | [63 FR 71738, Dec. 30, 1998, as amended at 66 FR 29466, May 31, 2001] | (a) Each potential party, interested governmental participant, or party shall— (1) Designate an official who will be responsible for administration of its responsibility to provide electronic files of documentary material ; (2) Establish procedures to implement the requirements in § 2.1003; (3) Provide training to its staff on the procedures for implementation of the responsibility to provide electronic files of documentary material; (4) Ensure that all documents carry the submitter's unique identification number; (5) Cooperate with the advisory review process established by the NRC under § 2.1011(d). (b) The responsible official designated under paragraph (a)(1) of this section shall certify to the Pre-License Application Presiding Officer that the procedures specified in paragraph (a)(2) of this section have been implemented, and that to the best of his or her knowledge, the documentary material specified in § 2.1003 has been identified and made electronically available. The initial certification must be made at the time the participant is required to comply with § 2.1003. The responsible official for the DOE shall also update this certification at the time DOE submits the license application. | ||||
| 10:10:1.0.1.1.2.10.23.11 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | J | Subpart J—Procedures Applicable to Proceedings for the Issuance of Licenses for the Receipt of High-Level Radioactive Waste at a Geologic Repository | § 2.1010 Pre-License Application Presiding Officer. | NRC | [63 FR 71738, Dec. 30, 1998, as amended at 66 FR 29466, May 31, 2001; 69 FR 2265, Jan. 14, 2004; 73 FR 63569, Oct. 24, 2008] | (a)(1) The Commission may designate one or more members of the Commission, or an atomic safety and licensing board, or a named officer who has been delegated final authority on the matter to serve as the Pre-License Application Presiding Officer to rule on disputes over the electronic availability of documents during the pre-license application phase, including disputes relating to privilege, and disputes relating to the implementation of the recommendations of the Advisory Review Panel established under § 2.1011(d). (2) The Pre-License Application Presiding Officer shall be designated at such time during the pre-license application phase as the Commission finds it appropriate, but in any event no later than fifteen days after the DOE certification of initial compliance under § 2.1009(b). (b) The Pre-License Application Presiding Officer shall rule on any claim of document withholding to determine— (1) Whether it is documentary material within the scope of this subpart; (2) Whether the material is excluded under § 2.1005; (3) Whether the material is privileged or otherwise excepted from disclosure under § 2.1006; (4) If privileged, whether it is an absolute or qualified privilege; (5) If qualified, whether the document should be disclosed because it is necessary to a proper decision in the proceeding; (6) Whether the material should be disclosed under a protective order containing such protective terms and conditions (including affidavits of nondisclosure) as may be necessary and appropriate to limit the disclosure to potential parties, interested governmental participants, and parties in the proceeding, or to their qualified witnesses and counsel. (i) The Pre-License Application Presiding Officer may issue an order requiring disclosure of Safeguards Information if— (A) The Pre-License Application Presiding Officer finds that the individual seeking access to Safeguards Information in order to participate in an NRC adjudication has the requisite “need to know,” as defined in 10 CFR 73.2; (B) The individ… | ||||
| 10:10:1.0.1.1.2.10.23.12 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | J | Subpart J—Procedures Applicable to Proceedings for the Issuance of Licenses for the Receipt of High-Level Radioactive Waste at a Geologic Repository | § 2.1011 Management of electronic information. | NRC | [63 FR 71739, Dec. 30, 1998, as amended at 66 FR 29466, May 31, 2001] | (a) Electronic document production and the electronic docket are subject to the provisions of this subpart. (b)(1) The NRC, DOE, parties, and potential parties participating in accordance with the provision of this subpart shall be responsible for obtaining the computer system necessary to comply with the requirements for electronic document production and service. (2) The NRC, DOE, parties, and potential parties participating in accordance with the provision of this subpart shall comply with the following standards in the design of the computer systems necessary to comply with the requirements for electronic document production and service: (i) The participants shall make textual (or, where non-text, image) versions of their documents available on a web accessible server which is able to be canvassed by web indexing software ( i.e. , a “robot”, “spider”, “crawler”) and the participant system must make both data files and log files accessible to this software. (ii) The participants shall make bibliographic header data available in an HTTP (Hypertext Transfer Protocol) accessible, ODBC (Open Database Connectivity) and SQL (Structured Query Language)-compliant (ANSI IX3.135-1992/ISO 9075-1992) database management system (DBMS). Alternatively, the structured data containing the bibliographic header may be made available in a standard database readable (e.g., XML (Extensible Markup Language http://www.w3.org/xml/ ), comma delimited, or comma separated value (.csv)) file. (iii) Textual material must be formatted to comply with the ISO/IEC 8859-1 character set and be in one of the following acceptable formats: ASCII, native word processing (Word, WordPerfect), PDF Normal, or HTML. (iv) Image files must be formatted as TIFF CCITT G4 for bi-tonal images or PNG (Portable Network Graphics) per [ http://www.w3.org/TR/REC-png-multi.html ]) format for grey-scale or color images, or PDF (Portable Document Format—Image). TIFF, PDF, or PNG images will be stored at 300 dpi (dots per inch) or greater, grey scale images at 1… | ||||
| 10:10:1.0.1.1.2.10.23.13 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | J | Subpart J—Procedures Applicable to Proceedings for the Issuance of Licenses for the Receipt of High-Level Radioactive Waste at a Geologic Repository | § 2.1012 Compliance. | NRC | [54 FR 14944, Apr. 14, 1989, as amended at 56 FR 7796, Feb. 26, 1991; 63 FR 71739, Dec. 30, 1998; 66 FR 29466, May 31, 2001; 69 FR 2265, Jan. 14, 2004; 69 FR 32848, June 14, 2004] | (a) If the Department of Energy fails to make its initial certification at least six months prior to tendering the application, upon receipt of the tendered application, notwithstanding the provisions of § 2.101(f)(3), the Director of the NRC's Office of Nuclear Material Safety and Safeguards will not docket the application until at least six months have elapsed from the time of the certification. The Director may determine that the tendered application is not acceptable for docketing under this subpart if the application is not accompanied by an updated certification pursuant to § 2.1009(b), or if the Secretary of the Commission determines that the application is not submitted on optical storage media in a format consistent with NRC regulations and guidance, or for non-compliance with any other requirements identified in this subpart. (b)(1) A person, including a potential party given access to the Licensing Support Network under this subpart, may not be granted party status under § 2.309, or status as an interested governmental participant under § 2.315, if it cannot demonstrate substantial and timely compliance with the requirements of § 2.1003 at the time it requests participation in the HLW licensing proceeding under § 2.309 or § 2.315. (2) A person denied party status or interested governmental participant status under paragraph (b)(1) of this section may request party status or interested governmental participant status upon a showing of subsequent compliance with the requirements of § 2.1003. Admission of such a party or interested governmental participant under §§ 2.309 or 2.315, respectively, is conditioned on accepting the status of the proceeding at the time of admission. (c) The Presiding Officer shall not make a finding of substantial and timely compliance pursuant to paragraph (b) of this section for any person who is not in compliance with all applicable orders of the Pre-License Application Presiding Officer designated pursuant to § 2.1010. | ||||
| 10:10:1.0.1.1.2.10.23.14 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | J | Subpart J—Procedures Applicable to Proceedings for the Issuance of Licenses for the Receipt of High-Level Radioactive Waste at a Geologic Repository | § 2.1013 Use of the electronic docket during the proceeding. | NRC | [63 FR 71739, Dec. 30, 1998, as amended at 66 FR 55788, Nov. 2, 2001; 69 FR 2265, Jan. 14, 2004; 69 FR 32849, June 14, 2004] | (a)(1) As specified in § 2.303, the Secretary of the Commission will maintain the official docket of the proceeding on the application for construction authorization for a high-level radioactive waste repository at a geologic repository operations area under parts 60 or 63 of this chapter, and for applications for a license to receive and possess high level radioactive waste at a geologic repository operations area under parts 60 or 63 of this Chapter. (2) The Secretary of the Commission will establish an electronic docket to contain the official record materials of the high-level radioactive waste repository licensing proceeding in searchable full text, or, for material that is not suitable for entry in searchable full text, by header and image, as appropriate. (b) Absent good cause, all exhibits tendered during the hearing must have been made available to the parties in electronic form before the commencement of that portion of the hearing in which the exhibit will be offered. The electronic docket will contain a list of all exhibits, showing where in the transcript each was marked for identification and where it was received into evidence or rejected. For any hearing sessions recorded stenographically or by other means, transcripts will be entered into the electronic docket on a daily basis in order to afford next-day availability at the hearing. However, for any hearing sessions recorded on videotape or other video medium, if a copy of the video recording is made available to all parties on a daily basis that affords next-day availability at the hearing, a transcript of the session prepared from the video recording will be entered into the electronic docket within twenty-four (24) hours of the time the transcript is tendered to the electronic docket by the transcription service. (c)(1) All filings in the adjudicatory proceeding on the application for a high-level radioactive waste geologic repository under part 60 or 63 of this chapter shall be transmitted by the submitter to the Presiding Officer, parties… | ||||
| 10:10:1.0.1.1.2.10.23.15 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | J | Subpart J—Procedures Applicable to Proceedings for the Issuance of Licenses for the Receipt of High-Level Radioactive Waste at a Geologic Repository | § 2.1015 Appeals. | NRC | [56 FR 7797, Feb. 26, 1991, as amended at 56 FR 29410, June 27, 1991; 69 FR 2265, Jan. 14, 2004] | (a) No appeals from any Pre-License Application Presiding Officer or Presiding Officer order or decision issued under this subpart are permitted, except as prescribed in paragraphs (b), (c), and (d) of this section. (b) A notice of appeal from a Pre-License Application presiding officer order issued under § 2.1010, a presiding officer prehearing conference order issued under § 2.1021, a presiding officer order granting or denying a motion for summary disposition issued in accordance with § 2.1025, or a presiding officer order granting or denying a petition to amend one or more contentions under § 2.309, must be filed with the Commission no later than ten (10) days after service of the order. A supporting brief must accompany the notice of appeal. Any other party, interested governmental participant, or potential party may file a brief in opposition to the appeal no later than ten (10) days after service of the appeal. (c) Appeals from a Presiding Officer initial decision or partial initial decision must be filed and briefed before the Commission in accordance with the following requirements. (1) Notice of appeal. Within ten (10) days after service of an initial decision, any party may take an appeal to the Commission by filing a notice of appeal. The notice shall specify: (i) The party taking the appeal; and (ii) The decision being appealed. (2) Filing appellant's brief. Each appellant shall file a brief supporting its position on appeal within thirty (30) days (40 days if Commission staff is the appellant) after the filing of notice required by paragraph (a) of this section. (3) Filing responsive brief. Any party who is not an appellant may file a brief in support of or in opposition to the appeal within thirty (30) days after the period has expired for the filing and service of the brief of all appellants. Commission staff may file a responsive brief within forty (40) days after the period has expired for the filing and service of the briefs of all appellants. A responding party shall file a single… | ||||
| 10:10:1.0.1.1.2.10.23.16 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | J | Subpart J—Procedures Applicable to Proceedings for the Issuance of Licenses for the Receipt of High-Level Radioactive Waste at a Geologic Repository | § 2.1017 Computation of time. | NRC | [63 FR 71740, Dec. 30, 1998] | In computing any period of time, the day of the act, event, or default after which the designated period of time begins to run is not included. The last day of the period so computed is included unless it is a Saturday, Sunday, or legal holiday at the place where the action or event is to occur, in which event the period runs until the end of the next day which is neither a Saturday, Sunday, nor holiday. Whenever a party, potential party, or interested governmental participant, has the right or is required to do some act within a prescribed period after the service of a notice or other document upon it, one day shall be added to the prescribed period. If the electronic docket is unavailable for more than four access hours of any day that would be counted in the computation of time, that day will not be counted in the computation of time. | ||||
| 10:10:1.0.1.1.2.10.23.17 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | J | Subpart J—Procedures Applicable to Proceedings for the Issuance of Licenses for the Receipt of High-Level Radioactive Waste at a Geologic Repository | § 2.1018 Discovery. | NRC | [54 FR 14944, Apr. 14, 1989, as amended at 56 FR 7797, Feb. 26, 1991; 63 FR 71740, Dec. 30, 1998; 69 FR 2266, Jan. 14, 2004; 73 FR 63570, Oct. 24, 2008] | (a)(1) Parties, potential parties, and interested governmental participants in the high-level waste licensing proceeding may obtain discovery by one or more of the following methods: (i) Access to the documentary material made available pursuant to § 2.1003; (ii) Entry upon land for inspection, access to raw data, or other purposes pursuant to § 2.1020; (iii) Access to, or the production of, copies of documentary material for which bibliographic headers only have been submitted pursuant to § 2.1003(a); (iv) Depositions upon oral examination pursuant to § 2.1019; (v) Requests for admissions pursuant to § 2.708; (vi) Informal requests for information not made electronically available, such as the names of witnesses and the subjects they plan to address; and (vii) Interrogatories and depositions upon written questions, as provided in paragraph (a)(2) of this section. (2) Interrogatories and depositions upon written questions may be authorized by order of the discovery master appointed under paragraph (g) of this section, or if no discovery master has been appointed, by order of the Presiding Officer, in the event that the parties are unable, after informal good faith efforts, to resolve a dispute in a timely fashion concerning the production of information. (b)(1) Parties, potential parties, and interested governmental participants, pursuant to the methods set forth in paragraph (a) of this section, may obtain discovery regarding any matter, not privileged, which is relevant to the licensing of the likely candidate site for a geologic repository, whether it relates to the claim or defense of the person seeking discovery or to the claim or defense of any other person. Except for discovery pursuant to §§ 2.1018(a)(2) and 2.1019 of this subpart, all other discovery shall begin during the pre-license application phase. Discovery pursuant to §§ 2.1018(a)(2) and 2.1019 of this subpart shall begin after the issuance of the first pre-hearing conference order under § 2.1021 of this subpart, and shall be limited to t… | ||||
| 10:10:1.0.1.1.2.10.23.18 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | J | Subpart J—Procedures Applicable to Proceedings for the Issuance of Licenses for the Receipt of High-Level Radioactive Waste at a Geologic Repository | § 2.1019 Depositions. | NRC | [54 FR 14944, Apr. 14, 1989, as amended at 56 FR 7797, Feb. 26, 1991; 63 FR 71740, Dec. 30, 1998; 69 FR 2266, Jan. 14, 2004] | (a) Any party or interested governmental participant desiring to take the testimony of any person by deposition on oral examination shall, without leave of the Commission or the Presiding Officer, give reasonable notice in writing to every other party and interested governmental participant, to the person to be examined, and to the Presiding Officer of the proposed time and place of taking the deposition; the name and address of each person to be examined, if known, or if the name is not known, a general description sufficient to identify him or her or the class or group to which he or she belongs, the matters upon which each person will be examined and the name or descriptive title and address of the officer before whom the deposition is to be taken. (b) Within the United States, a deposition may be taken before any officer authorized to administer oaths by the laws of the United States or of the place where the examination is held. Outside of the United States, a deposition may be taken before a secretary of an embassy or legation, a consul general, vice consul or consular agent of the United States, or a person authorized to administer oaths designated by the Commission. Depositions may be conducted by telephone or by video teleconference at the option of the party or interested governmental participant taking the deposition. (c) The deponent shall be sworn or shall affirm before any questions are put to him or her. Examination and cross-examination shall proceed as at a hearing. Each question propounded shall be recorded and the answer taken down in the words of the witness. Objections on questions of evidence shall be noted in short form without the arguments. The officer shall not decide on the competency, materiality, or relevancy of evidence but shall record the evidence subject to objection. Objections on questions of evidence not made before the officer shall not be deemed waived unless the ground of the objection is one which might have been obviated or removed if presented at that time. (d) When th… | ||||
| 10:10:1.0.1.1.2.10.23.19 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | J | Subpart J—Procedures Applicable to Proceedings for the Issuance of Licenses for the Receipt of High-Level Radioactive Waste at a Geologic Repository | § 2.1020 Entry upon land for inspection. | NRC | [54 FR 14944, Apr. 14, 1989, as amended at 56 FR 7797, Feb. 26, 1991] | (a) Any party, potential party, or interested governmental participant may serve on any other party, potential party, or interested governmental participant a request to permit entry upon designated land or other property in the possession or control of the party, potential party, or interested governmental participant upon whom the request is served for the purpose of access to raw data, inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of § 2.1018 of this subpart. (b) The request may be served on any party, potential party, or interested governmental participant without leave of the Commission or the Presiding Officer. (c) The request shall describe with reasonable particularity the land or other property to be inspected either by individual item or by category. The request shall specify a reasonable time, place, and manner of making the inspection and performing the related acts. (d) The party, potential party, or interested governmental participant upon whom the request is served shall serve on the party, potential party, or interested governmental participant submitting the request a written response within ten days after the service of the request. The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the request is objected to, in which case the reasons for objection shall be stated. If objection is made to part of an item or category, the part shall be specified. | ||||
| 10:10:1.0.1.1.2.10.23.2 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | J | Subpart J—Procedures Applicable to Proceedings for the Issuance of Licenses for the Receipt of High-Level Radioactive Waste at a Geologic Repository | § 2.1001 Definitions. | NRC | [54 FR 14944, Apr. 14, 1989, as amended at 56 FR 7795, Feb. 26, 1991; 63 FR 71736, Dec. 30, 1998; 66 FR 29465, May 31, 2001; 66 FR 55788, Nov. 2, 2001; 69 FR 2264, Jan. 14, 2004; 69 FR 32848, June 14, 2004] | Bibliographic header means the minimum series of descriptive fields that a potential party, interested governmental participant, or party must submit with a document or other material. Circulated draft means a nonfinal document circulated for supervisory concurrence or signature in which the original author or others in the concurrence process have non-concurred. A “circulated draft” meeting the above criterion includes a draft of a document that eventually becomes a final document, and a draft of a document that does not become a final document due to either a decision not to finalize the document or the passage of a substantial period of time in which no action has been taken on the document. Complex document means a document that consists (entirely or in part) of electronic files having substantial portions that are neither textual nor image in nature, and graphic or other Binary Large Objects that exceed 50 megabytes and cannot logically be divided. For example, specialized submissions may include runtime executable software, viewer or printer executables, dynamic link library (.dll) files, large data sets associated with an executable, and actual software code for analytical programs that a party may intend to introduce into the proceeding. Document means any written, printed, recorded, magnetic, graphic matter, or other documentary material, regardless of form or characteristic. Documentary material means: (1) Any information upon which a party, potential party, or interested governmental participant intends to rely and/or to cite in support of its position in the proceeding for a construction authorization for a high-level radioactive waste repository at a geologic repository operations area pursuant to parts 60 or 63 of this chapter, a license to receive and possess high-level radioactive waste at a geologic repository operations area pursuant to parts 60 or 63 of this chapter; (2) Any information that is known to, and in the possession of, or developed by the party that is relevant to, but doe… | ||||
| 10:10:1.0.1.1.2.10.23.20 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | J | Subpart J—Procedures Applicable to Proceedings for the Issuance of Licenses for the Receipt of High-Level Radioactive Waste at a Geologic Repository | § 2.1021 First prehearing conference. | NRC | [54 FR 14944, Apr. 14, 1989, as amended at 56 FR 7797, Feb. 26, 1991; 66 FR 55788, Nov. 2, 2001; 69 FR 2266, Jan. 14, 2004] | (a) In any proceeding involving an application for a construction authorization for a HLW repository at a geologic repository operations area under parts 60 or 63 of this chapter, or an application for a license to receive and possess high-level radioactive waste at a geologic repository operations area pursuant to parts 60 or 63 of this chapter, the Commission or the presiding officer will direct the parties, interested governmental participants and any petitioners for intervention, or their counsel, to appear at a specified time and place, within seventy days after the notice of hearing is published, or such other time as the Commission or the presiding officer may deem appropriate, for a conference to: (1) Permit identification of the key issues in the proceeding; (2) Take any steps necessary for further identification of the issues; (3) Consider all intervention petitions to allow the Presiding Officer to make such preliminary or final determination as to the parties and interested governmental participants, as may be appropriate; (4) Establish a schedule for further actions in the proceeding; and (5) Establish a discovery schedule for the proceeding taking into account the objective of meeting the three year time schedule specified in section 114(d) of the Nuclear Waste Policy Act of 1982, as amended, 42 U.S.C. 10134(d). (b) The Presiding Officer may order any further formal and informal conferences among the parties and interested governmental participants including teleconferences, to the extent that it considers that such a conference would expedite the proceeding. (c) A prehearing conference held pursuant to this section shall be stenographically reported. (d) The Presiding Officer shall enter an order which recites the action taken at the conference, the schedule for further actions in the proceeding, and any agreements by the parties, and which identifies the key issues in the proceeding, makes a preliminary or final determination as to the parties and interested governmental participants in th… | ||||
| 10:10:1.0.1.1.2.10.23.21 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | J | Subpart J—Procedures Applicable to Proceedings for the Issuance of Licenses for the Receipt of High-Level Radioactive Waste at a Geologic Repository | § 2.1022 Second prehearing conference. | NRC | [54 FR 14944, Apr. 14, 1989, as amended at 56 FR 7797, Feb. 26, 1991; 69 FR 2266, Jan. 14, 2004] | (a) The Commission or the presiding officer in a proceeding on either an application for construction authorization for a high-level radioactive waste repository at a geologic repository operations area under parts 60 or 63 of this chapter, or an application for a license to receive and possess high-level radioactive waste at a geologic repository operations area under parts 60 or 63 of this chapter, shall direct the parties, interested governmental participants, or their counsel to appear at a specified time and place not later than thirty days after the Safety Evaluation Report is issued by the NRC staff for a conference to consider: (1) Any amended contentions submitted, which must be reviewed under the criteria in § 2.309(c) of this part; (2) Simplification, clarification, and specification of the issues; (3) The obtaining of stipulations and admissions of fact and of the contents and authenticity of documents to avoid unnecessary proof; (4) Identification of witnesses and the limitation of the number of expert witnesses, and other steps to expedite the presentation of evidence; (5) The setting of a hearing schedule; (6) Establishing a discovery schedule for the proceeding taking into account the objective of meeting the three year time schedule specified in section 114(d) of the Nuclear Waste Policy Act of 1982, as amended, 42 U.S.C. 10134(d); and (7) Such other matters as may aid in the orderly disposition of the proceeding. (b) A prehearing conference held pursuant to this section shall be stenographically reported. (c) The Presiding Officer shall enter an order which recites the action taken at the conference and the agreements by the parties, limits the issues or defines the matters in controversy to be determined in the proceeding, sets a discovery schedule, and sets the hearing schedule. | ||||
| 10:10:1.0.1.1.2.10.23.22 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | J | Subpart J—Procedures Applicable to Proceedings for the Issuance of Licenses for the Receipt of High-Level Radioactive Waste at a Geologic Repository | § 2.1023 Immediate effectiveness. | NRC | [54 FR 14944, Apr. 14, 1989, as amended at 56 FR 7797, Feb. 26, 1991; 66 FR 55789, Nov. 2, 2001; 69 FR 2266, Jan. 14, 2004; 79 FR 66601, Nov. 10, 2014; 86 FR 43401, Aug. 9, 2021] | (a) Pending review and final decision by the Commission, an initial decision resolving all issues before the presiding officer in favor of issuance or amendment of either an authorization to construct a high-level radioactive waste repository at a geological repository operations area under parts 60 or 63 of this chapter, or a license to receive and possess high-level radioactive waste at a geologic repository operations area under parts 60 or 63 of this chapter will be immediately effective upon issuance except: (1) As provided in any order issued in accordance with § 2.342 that stays the effectiveness of an initial decision; or (2) As otherwise provided by the Commission in special circumstances. (b) The Director of Nuclear Material Safety and Safeguards, notwithstanding the filing or pendency of an appeal or a petition for review pursuant to § 2.1015 of this subpart, promptly shall issue a construction authorization or a license to receive and possess high-level radioactive waste at a geologic repository operations area, or amendments thereto, following an initial decision resolving all issues before the Presiding Officer in favor of the licensing action, upon making the appropriate licensing findings, except— (1) As provided in paragraph (c) of this section; or (2) As provided in any order issued in accordance with § 2.342 of this part that stays the effectiveness of an initial decision; or (3) As otherwise provided by the Commission in special circumstances. (c)(1) Before the Director of Nuclear Material Safety and Safeguards may issue a construction authorization or a license to receive and possess waste at a geologic repository operations area in accordance with paragraph (b) of this section, the Commission, in the exercise of its supervisory authority over agency proceedings, shall undertake and complete a supervisory examination of those issues contested in the proceeding before the Presiding Officer to consider whether there is any significant basis for doubting that the facility will be construc… | ||||
| 10:10:1.0.1.1.2.10.23.23 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | J | Subpart J—Procedures Applicable to Proceedings for the Issuance of Licenses for the Receipt of High-Level Radioactive Waste at a Geologic Repository | § 2.1025 Authority of the Presiding Officer to dispose of certain issues on the pleadings. | NRC | [56 FR 7798, Feb. 26, 1991] | (a) Any party may move, with or without supporting affidavits, for a decision by the Presiding Officer in that party's favor as to all or any part of the matters involved in the proceeding. The moving party shall annex to the motion a separate, short, and concise statement of the material facts as to which the moving party contends that there is no genuine issue to be heard. Motions may be filed at any time. Any other party may file an answer supporting or opposing the motion, with or without affidavits, within twenty (20) days after service of the motion. The party shall annex to any answer opposing the motion a separate, short, and concise, statement of the material facts as to which it is contended there exists a genuine issue to be heard. All material facts set forth in the statement to be filed by the moving party will be deemed to be admitted unless controverted by the statement required to be filed by the opposing party. The opposing party may, within ten (10) days after service, respond in writing to new facts and arguments presented in any statement filed in support of the motion. No further supporting statements or responses thereto may be entertained. The Presiding Officer may dismiss summarily or hold in abeyance motions filed shortly before the hearing commences or during the hearing if the other parties or the Presiding Officer would be required to divert substantial resources from the hearing in order to respond adequately to the motion. (b) Affidavits must set forth those facts that would be admissible in evidence and show affirmatively that the affiant is competent to testify to the matters stated therein. The Presiding Officer may permit affidavits to be supplemented or opposed by further affidavits. When a motion for summary disposition is made and supported as provided in this section, a party opposing the motion may not rest upon the mere allegations or denials of its answer; its answer by affidavits or as otherwise provided in this section must set forth specific facts showing that there is… | ||||
| 10:10:1.0.1.1.2.10.23.24 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | J | Subpart J—Procedures Applicable to Proceedings for the Issuance of Licenses for the Receipt of High-Level Radioactive Waste at a Geologic Repository | § 2.1026 Schedule. | NRC | [56 FR 7798, Feb. 26, 1991, as amended at 69 FR 2266, Jan. 14, 2004; 86 FR 43401, Aug. 9, 2021] | (a) Subject to paragraphs (b) and (c) of this section, the Presiding Officer shall adhere to the schedule set forth in appendix D of this part. (b)(1) Pursuant to § 2.307, the presiding officer may approve extensions of no more than fifteen (15) days beyond any required time set forth in this subpart for a filing by a party to the proceeding. Except in the case of exceptional and unforeseen circumstances, requests for extensions of more than fifteen (15) days must be filed no later than five (5) days in advance of the required time set forth in this subpart for a filing by a party to the proceeding. (2) Extensions beyond 15 days must be referred to the Commission. If the Commission does not disapprove the extension within 10 days of receiving the request, the extension will be effective. If the Commission disapproves the extension, the date which was the subject of the extension request will be set for 5 days after the Commission's disapproval action. (c)(1) The Presiding Officer may delay the issuance of an order up to thirty days beyond the time set forth for the issuance in appendix D. (2) If the Presiding Officer anticipates that the issuance of an order will not occur until after the thirty day extension specified in paragraph (c)(1) of this section, the Presiding Officer shall notify the Commission at least ten days in advance of the scheduled date for the milestone and provide a justification for the delay. | ||||
| 10:10:1.0.1.1.2.10.23.25 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | J | Subpart J—Procedures Applicable to Proceedings for the Issuance of Licenses for the Receipt of High-Level Radioactive Waste at a Geologic Repository | § 2.1027 Sua sponte. | NRC | [69 FR 2266, Jan. 14, 2004] | In any initial decision in a proceeding on an application for a construction authorization for a high-level radioactive waste repository at a geologic repository operations area under parts 60 or 63 of this chapter, or an application for a license to receive and possess high-level radioactive waste at a geologic repository operations area under parts 60 or 63 of this chapter, the Presiding Officer, other than the Commission, shall make findings of fact and conclusions of law on, and otherwise give consideration to, only those matters put into controversy by the parties and determined to be litigable issues in the proceeding. | ||||
| 10:10:1.0.1.1.2.10.23.3 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | J | Subpart J—Procedures Applicable to Proceedings for the Issuance of Licenses for the Receipt of High-Level Radioactive Waste at a Geologic Repository | § 2.1002 [Reserved] | NRC | ||||||
| 10:10:1.0.1.1.2.10.23.4 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | J | Subpart J—Procedures Applicable to Proceedings for the Issuance of Licenses for the Receipt of High-Level Radioactive Waste at a Geologic Repository | § 2.1003 Availability of material. | NRC | [63 FR 71737, Dec. 30, 1998, as amended at 66 FR 29465, May 31, 2001; 69 FR 2264, Jan. 14, 2004; 69 FR 32848, June 14, 2004; 73 FR 63569, Oct. 24, 2008] | (a) Subject to the exclusions in § 2.1005 and paragraphs (b), (c), and (e) of this section, DOE shall make available, no later than six months in advance of submitting its license application for a geologic repository, the NRC shall make available no later than thirty days after the DOE certification of compliance under § 2.1009(b), and each other potential party, interested governmental participant or party shall make available no later than ninety days after the DOE certification of compliance under § 2.1009(b)— (1) An electronic file including bibliographic header for all documentary material (including circulated drafts but excluding preliminary drafts) generated by, or at the direction of, or acquired by, a potential party, interested governmental participant or party; provided, however, that an electronic file need not be provided for acquired documentary material that has already been made available by the potential party, interested governmental participant or party that originally created the documentary material. Concurrent with the production of the electronic files will be an authentication statement for posting on the LSN Web site that indicates where an authenticated image copy of the documents can be obtained. (2) In electronic image format, subject to the claims of privilege in § 2.1006, graphic-oriented documentary material that includes raw data, computer runs, computer programs and codes, field notes, laboratory notes, maps, diagrams and photographs, which have been printed, scripted, or hand written. Text embedded within these documents need not be separately entered in searchable full text. A bibliographic header must be provided for all graphic-oriented documentary material. Graphic-oriented documents may include— (i) Calibration procedures, logs, guidelines, data and discrepancies; (ii) Gauge, meter and computer settings; (iii) Probe locations; (iv) Logging intervals and rates; (v) Data logs in whatever form captured; (vi) Text data sheets; (vii) Equations and sampling rates; (vii… | ||||
| 10:10:1.0.1.1.2.10.23.5 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | J | Subpart J—Procedures Applicable to Proceedings for the Issuance of Licenses for the Receipt of High-Level Radioactive Waste at a Geologic Repository | § 2.1004 Amendments and additions. | NRC | [63 FR 71737, Dec. 30, 1998] | Any document that has not been provided to other parties in electronic form must be identified in an electronic notice and made available for inspection and copying by the potential party, interested governmental participant, or party responsible for the submission of the document within five days after it has been requested unless some other time is approved by the Pre-License Application Presiding Officer or the Presiding Officer designated for the high-level waste proceeding. The time allowed under this paragraph will be stayed pending Officer action on a motion to extend the time. | ||||
| 10:10:1.0.1.1.2.10.23.6 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | J | Subpart J—Procedures Applicable to Proceedings for the Issuance of Licenses for the Receipt of High-Level Radioactive Waste at a Geologic Repository | § 2.1005 Exclusions. | NRC | [63 FR 71738, Dec. 30, 1998, as amended at 69 FR 32848, June 14, 2004] | The following material is excluded from the requirement to provide electronic access, either pursuant to § 2.1003, or through derivative discovery pursuant to § 2.1019(i)— (a) Official notice materials; (b) Reference books and text books; (c) Material pertaining exclusively to administration, such as material related to budgets, financial management, personnel, office space, general distribution memoranda, or procurement, except for the scope of work on a procurement related to repository siting, construction, or operation, or to the transportation of spent nuclear fuel or high-level waste; (d) Press clippings and press releases; (e) Junk mail; (f) References cited in contractor reports that are readily available; (g) Classified material subject to subpart I of this part; (h) Readily available references, such as journal articles and proceedings, which may be subject to copyright. (i) Correspondence between a potential party, interested governmental participant, or party and the Congress of the United States. | ||||
| 10:10:1.0.1.1.2.10.23.7 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | J | Subpart J—Procedures Applicable to Proceedings for the Issuance of Licenses for the Receipt of High-Level Radioactive Waste at a Geologic Repository | § 2.1006 Privilege. | NRC | [63 FR 71738, Dec. 30, 1998; 64 FR 15920, Apr. 2, 1999, as amended at 69 FR 2265, Jan. 14, 2004] | (a) Subject to the requirements in § 2.1003(a)(4), the traditional discovery privileges recognized in NRC adjudicatory proceedings and the exceptions from disclosure in § 2.390 may be asserted by potential parties, interested States, local governmental bodies, Federally-recognized Indian Tribes, and parties. In addition to Federal agencies, the deliberative process privilege may also be asserted by States, local governmental bodies, and Federally-recognized Indian Tribes. (b) Any document for which a claim of privilege is asserted, but is denied in whole or in part by the Pre-License Application Presiding Officer or the Presiding Officer, must be provided in electronic form by the party, interested governmental participant, or potential party that asserted the claim to— (1) The other participants; or (2) To the Pre-License Application Presiding Officer or to the Presiding Officer, for entry into a Protective Order file, if the Pre-License Application Presiding Officer or the Presiding Officer so directs under §§ 2.1010(b) or 2.1018(c). (c) Notwithstanding any availability of the deliberative process privilege under paragraph (a) of this section, circulated drafts not otherwise privileged shall be provided for electronic access pursuant to § 2.1003(a). | ||||
| 10:10:1.0.1.1.2.10.23.8 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | J | Subpart J—Procedures Applicable to Proceedings for the Issuance of Licenses for the Receipt of High-Level Radioactive Waste at a Geologic Repository | § 2.1007 Access. | NRC | [63 FR 71738, Dec. 30, 1998, as amended at 64 FR 48949, Sept. 9, 1999] | (a)(1) A system to provide electronic access to the Licensing Support Network shall be provided at the headquarters of DOE, and at all DOE Local Public Document Rooms established in the vicinity of the likely candidate site for a geologic repository, beginning in the pre-license application phase. (2) A system to provide electronic access to the Licensing Support Network shall be provided at the NRC Web site, http://www.nrc.gov, and/or at the NRC Public Document Room beginning in the pre-license application phase. (3) [Reserved] (b) Public availability of paper and electronic copies of the records of NRC and DOE, as well as duplication fees, and fee waiver for those records, is governed by the regulations of the respective agencies. | ||||
| 10:10:1.0.1.1.2.10.23.9 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | J | Subpart J—Procedures Applicable to Proceedings for the Issuance of Licenses for the Receipt of High-Level Radioactive Waste at a Geologic Repository | § 2.1008 [Reserved] | NRC | ||||||
| 10:10:1.0.1.1.2.11.23.1 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | K | Subpart K—Hybrid Hearing Procedures for Expansion of Spent Nuclear Fuel Storage Capacity at Civilian Nuclear Power Reactors | § 2.1101 Purpose. | NRC | The regulations in this subpart establish hybrid hearing procedures, as authorized by section 134 of the Nuclear Waste Policy Act of 1982 (96 Stat. 2230), to be used at the request of any party in certain contested proceedings on applications for a license or license amendment to expand the spent nuclear fuel storage capacity at the site of a civilian nuclear power plant. These procedures are intended to encourage and expedite onsite expansion of spent nuclear fuel storage capacity. | |||||
| 10:10:1.0.1.1.2.11.23.2 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | K | Subpart K—Hybrid Hearing Procedures for Expansion of Spent Nuclear Fuel Storage Capacity at Civilian Nuclear Power Reactors | § 2.1103 Scope of subpart K. | NRC | [69 FR 2266, Jan. 14, 2004] | The provisions of this subpart, together with subpart C and applicable provisions of subparts G and L of this part, govern all adjudicatory proceedings on applications filed after January 7, 1983, for a license or license amendment under part 50 of this chapter, to expand the spent fuel storage capacity at the site of a civilian nuclear power plant, through the use of high density fuel storage racks, fuel rod compaction, the transshipment of spent nuclear fuel to another civilian nuclear power reactor within the same utility system, the construction of additional spent nuclear fuel pool capacity or dry storage capacity, or by other means. This subpart also applies to proceedings on applications for a license under part 72 of this chapter to store spent nuclear fuel in an independent spent fuel storage installation located at the site of a civilian nuclear power reactor. This subpart shall not apply to the first application for a license or license amendment to expand the spent fuel storage capacity at a particular site through the use of a new technology not previously approved by the Commission for use at any other nuclear power plant. This subpart shall not apply to proceedings on applications for transfer of a license issued under part 72 of this chapter. Subpart M of this part applies to license transfer proceedings. | ||||
| 10:10:1.0.1.1.2.11.23.3 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | K | Subpart K—Hybrid Hearing Procedures for Expansion of Spent Nuclear Fuel Storage Capacity at Civilian Nuclear Power Reactors | § 2.1105 Definitions. | NRC | As used in this part: (a) Civilian nuclear power reactor means a civilian nuclear power plant required to be licensed as a utilization facility under section 103 or 104(b) of the Atomic Energy Act of 1954. (b) Spent nuclear fuel means fuel that has been withdrawn from a nuclear reactor following irradiation, the constituent elements of which have not been separated by reprocessing. | |||||
| 10:10:1.0.1.1.2.11.23.4 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | K | Subpart K—Hybrid Hearing Procedures for Expansion of Spent Nuclear Fuel Storage Capacity at Civilian Nuclear Power Reactors | § 2.1107 Notice of proposed action. | NRC | In connection with each application filed after January 7, 1983, for a license or an amendment to a license to expand the spent nuclear fuel storage capacity at the site of a civilian nuclear power plant, for which the Commission has not found that a hearing is required in the public interest, for which an adjudicatory hearing has not yet been convened, and for which a notice of proposed action has not yet been published as of the effective date of this subpart, the Commission will, prior to acting thereon, cause to be published in the Federal Register a notice of proposed action in accordance with § 2.105. The notice of proposed action will identify the availability of the hybrid hearing procedures in this subpart, specify that any party may invoke these procedures by filing a timely request for oral argument under § 2.1109, and provide that if a request for oral argument is granted, any hearing held on the application shall be conducted in accordance with the procedures in this subpart. | |||||
| 10:10:1.0.1.1.2.11.23.5 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | K | Subpart K—Hybrid Hearing Procedures for Expansion of Spent Nuclear Fuel Storage Capacity at Civilian Nuclear Power Reactors | § 2.1109 Requests for oral argument. | NRC | [50 FR 41670, Oct. 15, 1985, as amended at 69 FR 2267, Jan. 14, 2004] | (a)(1) In its request for hearing/petition to intervene filed in accordance with § 2.309 or in the applicant's or the NRC staff's response to a request for a hearing/petition to intervene, any party may invoke the hybrid hearing procedures in this Subpart by requesting an oral argument. If it is determined that a hearing will be held, the presiding officer shall grant a timely request for oral argument. (2) The presiding officer may grant an untimely request for oral argument only upon a showing of good cause by the requesting party for failure to file on time and after providing the other parties an opportunity to respond to the untimely request. (b) The presiding officer shall issue a written order ruling on any requests for oral argument. If the presiding officer grants a request for oral argument, the order shall include a schedule for discovery and subsequent oral argument with respect to the admitted contentions. (c) If no party to the proceeding requests oral argument, or if all untimely requests for oral argument are denied, the presiding officer shall conduct the proceeding in accordance with the subpart under which the proceeding was initially conducted as determined in accordance with § 2.310. | ||||
| 10:10:1.0.1.1.2.11.23.6 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | K | Subpart K—Hybrid Hearing Procedures for Expansion of Spent Nuclear Fuel Storage Capacity at Civilian Nuclear Power Reactors | § 2.1113 Oral argument. | NRC | [50 FR 41670, Oct. 15, 1985, as amended at 69 FR 2267, Jan. 14, 2004] | (a) Twenty-five (25) days prior to the date set for oral argument, each party, including the NRC staff, shall submit to the presiding officer a detailed written summary of all the facts, data, and arguments which are known to the party at such time and on which the party proposes to rely at the oral argument either to support or to refute the existence of a genuine and substantial dispute of fact. Each party shall also submit all supporting facts and data in the form of sworn written testimony or other sworn written submission. Each party's written summary and supporting information shall be simultaneously served on all other parties to the proceeding. (b) Ten (10) days prior to the date set for oral argument, each party, including the NRC staff, may submit to the presiding officer a reply limited to addressing whether the written summaries, facts, data, and arguments filed under paragraph (a) of this section support or refute the existence of a genuine and substantial dispute of fact. Each party's reply shall be simultaneously served on all other parties to the proceeding. (c) Only facts and data in the form of sworn written testimony or other sworn written submission may be relied on by the parties during oral argument, and the presiding officer shall consider those facts and data only if they are submitted in that form. | ||||
| 10:10:1.0.1.1.2.11.23.7 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | K | Subpart K—Hybrid Hearing Procedures for Expansion of Spent Nuclear Fuel Storage Capacity at Civilian Nuclear Power Reactors | § 2.1115 Designation of issues for adjudicatory hearing. | NRC | [50 FR 41671, Oct. 15, 1985; 50 FR 45398, Oct. 31, 1985] | (a) After due consideration of the oral presentation and the written facts and data submitted by the parties and relied on at the oral argument, the presiding officer shall promptly by written order: (1) Designate any disputed issues of fact, together with any remaining issues of law, for resolution in an adjudicatory hearing; and (2) Dispose of any issues of law or fact not designated for resolution in an adjudicatory hearing. With regard to each issue designated for resolution in an adjudicatory hearing, the presiding officer shall identify the specific facts that are in genuine and substantial dispute, the reason why the decision of the Commission is likely to depend on the resolution of that dispute, and the reason why an adjudicatory hearing is likely to resolve the dispute. With regard to issues not designated for resolution in an adjudicatory hearing, the presiding officer shall include a brief statement of the reasons for the disposition. If the presiding officer finds that there are no disputed issues of fact or law requiring resolution in an adjudicatory hearing, the presiding officer shall also dismiss the proceeding. (b) No issue of law or fact shall be designated for resolution in an adjudicatory hearing unless the presiding officer determines that: (1) There is a genuine and substantial dispute of fact which can only be resolved with sufficient accuracy by the introduction of evidence in an adjudicatory hearing; and (2) The decision of the Commission is likely to depend in whole or in part on the resolution of that dispute. (c) In making a determination under paragraph (b) of this section, the presiding officer shall not consider: (1) Any issue relating to the design, construction, or operation of any civilian nuclear power reactor already licensed to operate at the site, or any civilian nuclear power reactor for which a construction permit has been granted at the site, unless the presiding officer determines that any such issue substantially affects the design, construction, or operation of… | ||||
| 10:10:1.0.1.1.2.11.23.8 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | K | Subpart K—Hybrid Hearing Procedures for Expansion of Spent Nuclear Fuel Storage Capacity at Civilian Nuclear Power Reactors | § 2.1117 Burden of proof. | NRC | [69 FR 2267, Jan. 14, 2004] | The applicant bears the ultimate burden of proof (risk of non-persuasion) with respect to the contention in the proceeding. The proponent of the request for an adjudicatory hearing bears the burden of demonstrating under § 2.1115(b) that an adjudicatory hearing should be held. | ||||
| 10:10:1.0.1.1.2.11.23.9 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | K | Subpart K—Hybrid Hearing Procedures for Expansion of Spent Nuclear Fuel Storage Capacity at Civilian Nuclear Power Reactors | § 2.1119 Applicability of other sections. | NRC | [69 FR 2267, Jan. 14, 2004] | In proceedings subject to this part, the provisions of subparts A, C, and L of this part are also applicable, except where inconsistent with the provisions of this subpart. | ||||
| 10:10:1.0.1.1.2.12.23.1 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | L | Subpart L—Simplified Hearing Procedures for NRC Adjudications | § 2.1200 Scope of this subpart. | NRC | [89 FR 67834, Aug. 22, 2024] | The provisions of this subpart, together with subpart C of this part, govern all adjudicatory proceedings conducted for the grant, renewal, licensee-initiated amendment, or termination of licenses or permits subject to parts 30, 32 through 36, 39, 40, 50, 52, 54, 55, 61, 70, and 72 of this chapter, except as determined through the application of § 2.310(b) through (h). | ||||
| 10:10:1.0.1.1.2.12.23.10 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | L | Subpart L—Simplified Hearing Procedures for NRC Adjudications | § 2.1209 Findings of fact and conclusions of law. | NRC | [77 FR 46598, Aug. 3, 2012] | Each party shall file written post-hearing proposed findings of fact and conclusions of law on the contentions addressed in an oral hearing under § 2.1207 or a written hearing under § 2.1208 within 30 days of the close of the hearing or at such other time as the presiding officer directs. Proposed findings of fact and conclusions of law must conform to the format requirements in § 2.712(c). | ||||
| 10:10:1.0.1.1.2.12.23.11 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | L | Subpart L—Simplified Hearing Procedures for NRC Adjudications | § 2.1210 Initial decision and its effect. | NRC | [69 FR 2267, Jan. 14, 2004, as amended at 77 FR 46598, Aug. 3, 2012; 79 FR 66601, Nov. 10, 2014] | (a) Unless the Commission directs that the record be certified to it in accordance with paragraph (b) of this section, the presiding officer shall render an initial decision after completion of an informal hearing under this subpart. That initial decision constitutes the final action of the Commission on the contested matter 120 days after the date of issuance, unless: (1) Any party files a petition for Commission review in accordance with § 2.1212; (2) The Commission, in its discretion, determines that the presiding officer's initial decision is inconsistent with the staff's action as described in the notice required by § 2.1202(a) and that the inconsistency warrants Commission review, in which case the Commission will review the initial decision; or (3) The Commission takes review of the decision sua sponte. (b) The Commission may direct that the presiding officer certify the record to it without an initial decision and prepare a final decision if the Commission finds that due and timely execution of its functions warrants certification. (c) An initial decision must be in writing and must be based only upon information in the record or facts officially noticed. The record must include all information submitted in the proceeding with respect to which all parties have been given reasonable prior notice and an opportunity to comment as provided in §§ 2.1207 or 2.1208. The initial decision must include: (1) Findings, conclusions, and rulings, with the reasons or basis for them, on all material issues of fact or law admitted as part of the contentions in the proceeding; (2) The appropriate ruling, order, or grant or denial of relief with its effective date; (3) The action the NRC staff shall take upon transmittal of the decision to the NRC staff under paragraph (e) of this section, if the initial decision is inconsistent with the NRC staff action as described in the notice required by § 2.1202(a); and (4) The time within which a petition for Commission review may be filed, the time within which any answers … | ||||
| 10:10:1.0.1.1.2.12.23.12 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | L | Subpart L—Simplified Hearing Procedures for NRC Adjudications | § 2.1212 Petitions for Commission review of initial decisions. | NRC | Parties may file petitions for review of an initial decision under this subpart in accordance with the procedures set out in § 2.341. Unless otherwise authorized by law, a party to an NRC proceeding must file a petition for Commission review before seeking judicial review of an agency action. | |||||
| 10:10:1.0.1.1.2.12.23.13 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | L | Subpart L—Simplified Hearing Procedures for NRC Adjudications | § 2.1213 Application for a stay. | NRC | [69 FR 2267, Jan. 14, 2004, as amended at 77 FR 46598, Aug. 3, 2012; 89 FR 67834, Aug. 22, 2024] | (a) Any application for a stay of the effectiveness of the NRC staff's action on a matter involved in a hearing under this subpart must be filed with the presiding officer within seven (7) days of the issuance of the notice of the NRC staff's action under § 2.1202(a) and must be filed and considered in accordance with paragraphs (b), (c) and (d) of this section. (b) An application for a stay of the NRC staff's action may not be longer than ten (10) pages, exclusive of affidavits, and must contain: (1) A concise summary of the action which is requested to be stayed; and (2) A concise statement of the grounds for a stay, with reference to the factors specified in paragraph (d) of this section. (c) Within ten (10) days after service of an application for a stay of the NRC staff's action under this section, any party and/or the NRC staff may file an answer supporting or opposing the granting of a stay. Answers may not be longer than ten (10) pages, exclusive of affidavits, and must concisely address the matters in paragraph (b) of this section as appropriate. Further replies to answers will not be entertained. (d) In determining whether to grant or deny an application for a stay of the NRC staff's action, the following will be considered: (1) Whether the requestor will be irreparably injured unless a stay is granted; (2) Whether the requestor has made a strong showing that it is likely to prevail on the merits; (3) Whether the granting of a stay would harm other participants; and (4) Where the public interest lies. (e) Any application for a stay of the effectiveness of the presiding officer's initial decision or action under this subpart shall be filed with the Commission in accordance with § 2.342. (f) Stays are not available on matters limited to whether a no significant hazards consideration determination was proper in proceedings on power reactor license amendments. | ||||
| 10:10:1.0.1.1.2.12.23.2 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | L | Subpart L—Simplified Hearing Procedures for NRC Adjudications | § 2.1201 Definitions. | NRC | The definitions of terms contained in § 2.4 apply to this subpart unless a different definition is provided in this subpart. | |||||
| 10:10:1.0.1.1.2.12.23.3 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | L | Subpart L—Simplified Hearing Procedures for NRC Adjudications | § 2.1202 Authority and role of NRC staff. | NRC | [69 FR 2267, Jan. 14, 2004, as amended at 72 FR 49483, Aug. 28, 2007; 77 FR 46598, Aug. 3, 2012; 88 FR 57877, Aug. 24, 2023] | (a) During the pendency of any hearing under this subpart, consistent with the NRC staff's findings in its review of the application or matter which is the subject of the hearing and as authorized by law, the NRC staff is expected to promptly issue its approval or denial of the application, or take other appropriate action on the underlying regulatory matter for which a hearing was provided. When the NRC staff takes its action, it must notify the presiding officer and the parties to the proceeding of its action. That notice must include the NRC staff's explanation why the public health and safety is protected and why the action is in accord with the common defense and security despite the pendency of the contested matter before the presiding officer. The NRC staff's action on the matter is effective upon issuance by the staff, except in matters involving: (1) An application to construct and/or operate a production or utilization facility (including an application for a limited work authorization under 10 CFR 50.10, or an application for a combined license under subpart C of 10 CFR part 52); (2) An application for an early site permit under subpart A of 10 CFR part 52; (3) An application for a manufacturing license under subpart F of 10 CFR part 52; (4) An application for an amendment to a construction authorization for a high-level radioactive waste repository at a geologic repository operations area falling under either 10 CFR 60.32(c)(1) or 10 CFR part 63; (5) An application for the construction and operation of an independent spent fuel storage installation (ISFSI) located at a site other than a reactor site or a monitored retrievable storage installation (MRS) under 10 CFR part 72; and (6) Production or utilization facility licensing actions that involve significant hazards considerations as defined in 10 CFR 50.92. (b)(1) The NRC staff is not required to be a party to a proceeding under this subpart, except where: (i) The proceeding involves an application denied by the NRC staff or an enforcement ac… | ||||
| 10:10:1.0.1.1.2.12.23.4 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | L | Subpart L—Simplified Hearing Procedures for NRC Adjudications | § 2.1203 Hearing file; prohibition on discovery. | NRC | (a)(1) Within thirty (30) days of the issuance of the order granting requests for hearing/petitions to intervene and admitting contentions, the NRC staff shall file in the docket, present to the presiding officer, and make available to the parties to the proceeding a hearing file. (2) The hearing file must be made available to the parties either by service of hard copies or by making the file available at the NRC Web site, http://www.nrc.gov. (3) The hearing file also must be made available for public inspection and copying at the NRC Web site, http://www.nrc.gov, and/or at the NRC Public Document Room. (b) The hearing file consists of the application, if any, and any amendment to the application, and, when available, any NRC environmental impact statement or assessment and any NRC report related to the proposed action, as well as any correspondence between the applicant/licensee and the NRC that is relevant to the proposed action. Hearing file documents already available at the NRC Web site and/or the NRC Public Document Room when the hearing request/petition to intervene is granted may be incorporated into the hearing file at those locations by a reference indicating where at those locations the documents can be found. The presiding officer shall rule upon any issue regarding the appropriate materials for the hearing file. (c) The NRC staff has a continuing duty to keep the hearing file up to date with respect to the materials set forth in paragraph (b) of this section and to provide those materials as required in paragraphs (a) and (b) of this section. (d) Except as otherwise permitted by subpart C of this part, a party may not seek discovery from any other party or the NRC or its personnel, whether by document production, deposition, interrogatories or otherwise. | |||||
| 10:10:1.0.1.1.2.12.23.5 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | L | Subpart L—Simplified Hearing Procedures for NRC Adjudications | § 2.1204 Motions and requests. | NRC | (a) General requirements. In proceedings under this subpart, requirements for motions and requests and responses to them are as specified in § 2.323. (b) Requests for cross-examination by the parties. (1) In any oral hearing under this subpart, a party may file a motion with the presiding officer to permit cross-examination by the parties on particular admitted contentions or issues. The motion must be accompanied by a cross-examination plan containing the following information: (i) A brief description of the issue or issues on which cross-examination will be conducted; (ii) The objective to be achieved by cross-examination; and (iii) The proposed line of questions that may logically lead to achieving the objective of the cross-examination. (2) The cross-examination plan may be submitted only to the presiding officer and must be kept by the presiding officer in confidence until issuance of the initial decision on the issue being litigated. The presiding officer shall then provide each cross-examination plan to the Commission's Secretary for inclusion in the official record of the proceeding. (3) The presiding officer shall allow cross-examination by the parties only if the presiding officer determines that cross-examination by the parties is necessary to ensure the development of an adequate record for decision. | |||||
| 10:10:1.0.1.1.2.12.23.6 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | L | Subpart L—Simplified Hearing Procedures for NRC Adjudications | § 2.1205 Summary disposition. | NRC | [69 FR 2267, Jan. 14, 2004, as amended at 77 FR 46598, Aug. 3, 2012] | (a) Unless the presiding officer or the Commission directs otherwise, motions for summary disposition may be submitted to the presiding officer by any party no later than 45 days before the commencement of hearing. The motions must be in writing and must include a written explanation of the basis of the motion. The moving party must attach a short and concise statement of material facts for which the moving party contends that there is no genuine issue to be heard. Motions for summary disposition must be served on the parties and the Secretary at the same time that they are submitted to the presiding officer. (b) Any other party may serve an answer supporting or opposing the motion within twenty (20) days after service of the motion. (c) The presiding officer shall issue a determination on each motion for summary disposition no later than fifteen (15) days before the date scheduled for commencement of hearing. In ruling on motions for summary disposition, the presiding officer shall apply the standards for summary disposition set forth in subpart G of this part. | ||||
| 10:10:1.0.1.1.2.12.23.7 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | L | Subpart L—Simplified Hearing Procedures for NRC Adjudications | § 2.1206 Informal hearings. | NRC | Hearings under this subpart will be oral hearings as described in § 2.1207, unless, within fifteen (15) days of the service of the order granting the request for hearing, the parties unanimously agree and file a joint motion requesting a hearing consisting of written submissions. A motion to hold a hearing consisting of written submissions will not be entertained unless there is unanimous consent of the parties. | |||||
| 10:10:1.0.1.1.2.12.23.8 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | L | Subpart L—Simplified Hearing Procedures for NRC Adjudications | § 2.1207 Process and schedule for submissions and presentations in an oral hearing. | NRC | [69 FR 2267, Jan. 14, 2004, as amended at 88 FR 57877, Aug. 24, 2023] | (a) Unless otherwise limited by this subpart or by the presiding officer, participants in an oral hearing may submit and sponsor in the hearings: (1) Initial written statements of position and written testimony with supporting affidavits on the admitted contentions. These materials must be filed on the dates set by the presiding officer. (2) Written responses and rebuttal testimony with supporting affidavits directed to the initial statements and testimony of other participants. These materials must be filed within twenty (20) days of the service of the materials submitted under paragraph (a)(1) of this section unless the presiding officer directs otherwise. (3)(i) Proposed questions for the presiding officer to consider for propounding to the persons sponsoring the testimony. Unless the presiding officer directs otherwise, these questions must be received by the presiding officer no later than twenty (20) days after the service of the materials submitted under paragraph (a)(1) of this section, unless that date is less than five (5) days before the scheduled commencement of the oral hearing, in which case the questions must be received by the presiding officer no later than five (5) days before the scheduled commencement of the hearing. Proposed questions need not be filed with any other party. (ii) Proposed questions directed to rebuttal testimony for the presiding officer to consider for propounding to persons sponsoring the testimony. Unless the presiding officer directs otherwise, these questions must be received by the presiding officer no later than seven (7) days after the service of the rebuttal testimony submitted under paragraph (a)(2) of this section, unless that date is less than five (5) days before the scheduled commencement of the oral hearing, in which case the questions must be received by the presiding officer no later than five (5) days before the scheduled commencement of the hearing. Proposed questions directed to rebuttal need not be filed with any other party. (iii) Questions submitted… | ||||
| 10:10:1.0.1.1.2.12.23.9 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | L | Subpart L—Simplified Hearing Procedures for NRC Adjudications | § 2.1208 Process and schedule for a hearing consisting of written presentations. | NRC | (a) Unless otherwise limited by this subpart or by the presiding officer, participants in a hearing consisting of written presentations may submit: (1) Initial written statements of position and written testimony with supporting affidavits on the admitted contentions. These materials must be filed on the dates set by the presiding officer; (2) Written responses, rebuttal testimony with supporting affidavits directed to the initial statements and testimony of witnesses and other participants, and proposed written questions for the presiding officer to consider for submission to the persons sponsoring testimony under paragraph (a)(1) of this section. These materials must be filed within twenty (20) days of the service of the materials submitted under paragraph (a)(1) of this section unless the presiding officer directs otherwise; (3) Written questions on the written responses and rebuttal testimony submitted under paragraph (a)(2) of this section, which the presiding officer may, in his or her discretion, require the persons offering the written responses and rebuttal testimony to provide responses. These questions must be filed within seven (7) days of service of the materials submitted under paragraph (a)(2) of this section unless the presiding officer directs otherwise; and (4) Written concluding statements of position on the contentions. These statements shall be filed within twenty (20) days of the service of written responses to the presiding officer's questions to the participants or, in the absence of questions from the presiding officer, within twenty (20) days of the service of the materials submitted under paragraph (a)(2) of this section unless the presiding officer directs otherwise. (b) The presiding officer may formulate and submit written questions to the participants that he or she considers appropriate to develop an adequate record. | |||||
| 10:10:1.0.1.1.2.13.23.1 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | M | Subpart M—Procedures for Hearings on License Transfer Applications | § 2.1300 Scope of subpart M. | NRC | [77 FR 46598, Aug. 3, 2012] | The provisions of this subpart, together with the generally applicable intervention provisions in subpart C of this part, govern all adjudicatory proceedings on an application for the direct or indirect transfer of control of an NRC license when the transfer requires prior approval of the NRC under the Commission's regulations, governing statutes, or pursuant to a license condition. This subpart provides the only mechanism for requesting hearings on license transfer requests, unless contrary case specific orders are issued by the Commission. | ||||
| 10:10:1.0.1.1.2.13.23.10 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | M | Subpart M—Procedures for Hearings on License Transfer Applications | § 2.1315 Generic determination regarding license amendments to reflect transfers. | NRC | [63 FR 66730, Dec. 3, 1998, as amended at 69 FR 2270, Jan. 14, 2004] | (a) Unless otherwise determined by the Commission with regard to a specific application, the Commission has determined that any amendment to the license of a utilization facility or the license of an Independent Spent Fuel Storage Installation which does no more than conform the license to reflect the transfer action, involves respectively, “no significant hazards consideration,” or “no genuine issue as to whether the health and safety of the public will be significantly affected.” (b) Where administrative license amendments are necessary to reflect an approved transfer, such amendments will be included in the order that approves the transfer. Any challenge to the administrative license amendment is limited to the question of whether the license amendment accurately reflects the approved transfer. | ||||
| 10:10:1.0.1.1.2.13.23.11 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | M | Subpart M—Procedures for Hearings on License Transfer Applications | § 2.1316 Authority and role of NRC staff. | NRC | [63 FR 66730, Dec. 3, 1998, as amended at 77 FR 46599, Aug. 3, 2012] | (a) During the pendency of any hearing under this subpart, consistent with the NRC staff's findings in its Safety Evaluation Report (SER), the staff is expected to promptly issue approval or denial of license transfer requests. Notice of such action shall be promptly transmitted to the Presiding Officer and parties to the proceeding. (b) Except as otherwise directed in accordance with § 2.1309(a)(7), the NRC staff is not required to be a party to proceedings under this subpart but will offer into evidence its SER associated with the transfer application and provide one or more sponsoring witnesses. (c)(1) Within 15 days of the issuance of the order granting requests for hearing/petitions to intervene and admitting contentions, the NRC staff must notify the presiding officer and the parties whether it desires to participate as a party, and identify the contentions on which it wishes to participate as a party. If the NRC staff desires to be a party thereafter, the NRC staff must notify the presiding officer and the parties, and identify the contentions on which it wishes to participate as a party, and make the disclosures required by § 2.336(b)(3) through (b)(5) unless accompanied by an affidavit explaining why the disclosures cannot be provided to the parties with the notice. (2) Once the NRC staff chooses to participate as a party, it will have all the rights and responsibilities of a party with respect to the admitted contention/matter in controversy on which the staff chooses to participate. | ||||
| 10:10:1.0.1.1.2.13.23.12 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | M | Subpart M—Procedures for Hearings on License Transfer Applications | § 2.1319 Presiding Officer. | NRC | [63 FR 66730, Dec. 3, 1998, as amended at 88 FR 57878, Aug. 24, 2023] | (a) The Commission will ordinarily be the Presiding Officer at a hearing under this part. However, the Commission may provide in a hearing notice that one or more Commissioners, or any other person permitted by law, will preside. (b) A participant may submit a written motion for the disqualification of any person presiding. The motion shall be supported by an affidavit setting forth the alleged grounds for disqualification. If the Presiding Officer does not grant the motion or the person does not disqualify themselves and the Presiding Officer or such other person is not the Commission or a Commissioner, the Commission will decide the matter. (c) If any person presiding deems themselves disqualified, they shall withdraw by notice on the record after notifying the Commission. (d) If a Presiding Officer becomes unavailable, the Commission will designate a replacement. (e) Any motion concerning the designation of a replacement Presiding Officer shall be made within 5 days after the designation. (f) Unless otherwise ordered by the Commission, the jurisdiction of a Presiding Officer other than the Commission commences as designated in the hearing notice and terminates upon certification of the hearing record to the Commission, or when the Presiding Officer is disqualified. | ||||
| 10:10:1.0.1.1.2.13.23.13 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | M | Subpart M—Procedures for Hearings on License Transfer Applications | § 2.1320 Responsibility and power of the Presiding Officer in an oral hearing. | NRC | (a) The Presiding Officer in any oral hearing shall conduct a fair hearing, develop a record that will contribute to informed decisionmaking, and, within the framework of the Commission's orders, have the power necessary to achieve these ends, including the power to: (1) Take action to avoid unnecessary delay and maintain order; (2) Dispose of procedural requests; (3) Question participants and witnesses, and entertain suggestions as to questions which may be asked of participants and witnesses. (4) Order consolidation of participants; (5) Establish the order of presentation; (6) Hold conferences before or during the hearing; (7) Establish time limits; (8) Limit the number of witnesses; and (9) Strike or reject duplicative, unreliable, immaterial, or irrelevant presentations. (b) Where the Commission itself does not preside: (1) The Presiding Officer may certify questions or refer rulings to the Commission for decision; (2) Any hearing order may be modified by the Commission; and (3) The Presiding Officer will certify the completed hearing record to the Commission, which may then issue its decision on the hearing or provide that additional testimony be presented. | |||||
| 10:10:1.0.1.1.2.13.23.14 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | M | Subpart M—Procedures for Hearings on License Transfer Applications | § 2.1321 Participation and schedule for submission in a hearing consisting of written comments. | NRC | [63 FR 66730, Dec. 3, 1998, as amended at 69 FR 2271, Jan. 14, 2004; 77 FR 46599, Aug. 3, 2012] | Unless otherwise limited by this subpart or by the Commission, participants in a hearing consisting of written comments may submit: (a) Initial written statements of position and written testimony with supporting affidavits on the issues. These materials must be filed on the date set by the Commission or the presiding officer. (b) Written responses, rebuttal testimony with supporting affidavits directed to the initial statements and testimony of other participants, and proposed written questions for the Presiding Officer to consider for submittal to persons sponsoring testimony submitted under paragraph (a) of this section. These materials shall be filed within 20 days of the filing of the materials submitted under paragraph (a) of this section, unless the Commission or Presiding Officer directs otherwise. Proposed written questions directed to rebuttal testimony for the Presiding Officer to consider for submittal to persons offering such testimony shall be filed within 7 days of the filing of the rebuttal testimony. (c) Written concluding statements of position on the issues. These materials shall be filed within 20 days of the filing of the materials submitted under paragraph (b) of this section, unless the Commission or the Presiding Officer directs otherwise. | ||||
| 10:10:1.0.1.1.2.13.23.15 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | M | Subpart M—Procedures for Hearings on License Transfer Applications | § 2.1322 Participation and schedule for submissions in an oral hearing. | NRC | [63 FR 66730, Dec. 3, 1998, as amended at 69 FR 2271, Jan. 14, 2004] | (a) Unless otherwise limited by this subpart or by the Commission, participants in an oral hearing may submit and sponsor in the hearings: (1) Initial written statements of position and written testimony with supporting affidavits on the issues. These materials must be filed on the date set by the Commission or the presiding officer. (2)(i) Written responses and rebuttal testimony with supporting affidavits directed to the initial statements and testimony of other participants; (ii) Proposed questions for the Presiding Officer to consider for propounding to persons sponsoring testimony. (3) These materials must be filed within 20 days of the filing of the materials submitted under paragraph (a)(1) of this section, unless the Commission or Presiding Officer directs otherwise. (4) Proposed questions directed to rebuttal testimony for the Presiding Officer to consider for propounding to persons offering such testimony shall be filed within 7 days of the filing of the rebuttal testimony. (b) The oral hearing should commence within 65 days of the date of the Commission's notice granting a hearing unless the Commission or Presiding Officer directs otherwise. Ordinarily, questioning in the oral hearing will be conducted by the Presiding Officer, using either the Presiding Officer's questions or questions submitted by the participants or a combination of both. (c) Written post-hearing statements of position on the issues addressed in the oral hearing may be submitted within 20 days of the close of the oral hearing. (d) The Commission, on its own motion, or in response to a request from a Presiding Officer other than the Commission, may use additional procedures, such as direct and cross-examination, or may convene a formal hearing under subpart G of this part on specific and substantial disputes of fact, necessary for the Commission's decision, that cannot be resolved with sufficient accuracy except in a formal hearing. The staff will be a party in any such formal hearing. Neither the Commission nor the Presiding… | ||||
| 10:10:1.0.1.1.2.13.23.16 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | M | Subpart M—Procedures for Hearings on License Transfer Applications | § 2.1323 Presentation of testimony in an oral hearing. | NRC | [63 FR 66730, Dec. 3, 1998, as amended at 69 FR 2271, Jan. 14, 2004] | (a) All direct testimony in an oral hearing shall be filed no later than 15 days before the hearing or as otherwise ordered or allowed pursuant to the provisions of § 2.1322. (b) Written testimony will be received into evidence in exhibit form. (c) Participants may designate and present their own witnesses to the Presiding Officer. (d) Testimony for the NRC staff will be presented only by persons designated for that purpose by either the Executive Director for Operations or a delegee of the Executive Director for Operations. (e) Participants and witnesses will be questioned orally or in writing and only by the Presiding Officer. Questions may be addressed to individuals or to panels of participants or witnesses. (f) The Presiding Officer may accept written testimony from a person unable to appear at the hearing, and may request him or her to respond to questions. (g) No subpoenas will be granted at the request of participants for attendance and testimony of participants or witnesses or the production of evidence. | ||||
| 10:10:1.0.1.1.2.13.23.17 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | M | Subpart M—Procedures for Hearings on License Transfer Applications | § 2.1324 Appearance in an oral hearing. | NRC | (a) A participant may appear in a hearing on her or his own behalf or be represented by an authorized representative. (b) A person appearing shall file a written notice stating her or his name, address and telephone number, and if an authorized representative, the basis of her or his eligibility and the name and address of the participant on whose behalf she or he appears. (c) A person may be excluded from a hearing for disorderly, dilatory or contemptuous conduct, provided he or she is informed of the grounds and given an opportunity to respond. | |||||
| 10:10:1.0.1.1.2.13.23.18 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | M | Subpart M—Procedures for Hearings on License Transfer Applications | § 2.1325 Motions and requests. | NRC | (a) Motions and requests shall be addressed to the Presiding Officer, and, if written, also filed with the Secretary and served on other participants. (b) Other participants may respond to the motion or request. Responses to written motions or requests shall be filed within 5 days after service unless the Commission or Presiding Officer directs otherwise. (c) The Presiding Officer may entertain motions for extension of time and changes in schedule in accordance with paragraphs (a) and (b) of this section. (d) When the Commission does not preside, in response to a motion or request, the Presiding Officer may refer a ruling or certify a question to the Commission for decision and notify the participants. (e) Unless otherwise ordered by the Commission, a motion or request, or the certification of a question or referral of a ruling, shall not stay or extend any aspect of the hearing. | |||||
| 10:10:1.0.1.1.2.13.23.19 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | M | Subpart M—Procedures for Hearings on License Transfer Applications | § 2.1327 Application for a stay of the effectiveness of NRC staff action on license transfer. | NRC | (a) Any application for a stay of the effectiveness of the NRC staff's order on the license transfer application shall be filed with the Commission within 5 days of the issuance of the notice of staff action pursuant to § 2.1316(a). (b) An application for a stay must be no longer than 10 pages, exclusive of affidavits, and must contain: (1) A concise summary of the action which is requested to be stayed; and (2) A concise statement of the grounds for a stay, with reference to the factors specified in paragraph (d) of this section. (c) Within 10 days after service of an application for a stay under this section, any participant may file an answer supporting or opposing the granting of a stay. Answers must be no longer than 10 pages, exclusive of affidavits, and should concisely address the matters in paragraph (b) of this section, as appropriate. No further replies to answers will be entertained. (d) In determining whether to grant or deny an application for a stay, the Commission will consider: (1) Whether the requestor will be irreparably injured unless a stay is granted; (2) Whether the requestor has made a strong showing that it is likely to prevail on the merits; (3) Whether the granting of a stay would harm other participants; and (4) Where the public interest lies. | |||||
| 10:10:1.0.1.1.2.13.23.2 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | M | Subpart M—Procedures for Hearings on License Transfer Applications | § 2.1301 Public notice of receipt of a license transfer application. | NRC | [63 FR 66730, Dec. 3, 1998, as amended at 64 FR 48949, Sept. 9, 1999] | (a) The Commission will notice the receipt of each application for direct or indirect transfer of a specific NRC license by placing a copy of the application at the NRC Web site, http://www.nrc.gov. (b) The Commission will also publish in the Federal Register a notice of receipt of an application for approval of a license transfer involving 10 CFR part 50 and part 52 licenses, major fuel cycle facility licenses issued under part 70, or part 72 licenses. This notice constitutes the notice required by § 2.105 with respect to all matters related to the application requiring NRC approval. (c) Periodic lists of applications received may be obtained upon request addressed to the NRC Public Document Room, US Nuclear Regulatory Commission, Washington, DC 20555-0001. | ||||
| 10:10:1.0.1.1.2.13.23.20 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | M | Subpart M—Procedures for Hearings on License Transfer Applications | § 2.1331 Commission action. | NRC | [63 FR 66730, Dec. 3, 1998, as amended at 69 FR 2271, Jan. 14, 2004] | (a) Upon completion of a hearing, the Commission will issue a written opinion including its decision on the license transfer application and the reasons for the decision. (b) The decision on issues designated for hearing under § 2.309 will be based on the record developed at hearing. | ||||
| 10:10:1.0.1.1.2.13.23.3 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | M | Subpart M—Procedures for Hearings on License Transfer Applications | § 2.1302 Notice of withdrawal of an application. | NRC | The Commission will notice the withdrawal of an application by publishing the notice of withdrawal in the same manner as the notice of receipt of the application was published under § 2.1301. | |||||
| 10:10:1.0.1.1.2.13.23.4 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | M | Subpart M—Procedures for Hearings on License Transfer Applications | § 2.1303 Availability of documents. | NRC | [63 FR 66730, Dec. 3, 1998, as amended at 64 FR 48949, Sept. 9, 1999] | Unless exempt from disclosure under part 9 of this chapter, the following documents pertaining to each application for a license transfer requiring Commission approval will be placed at the NRC Web site, http://www.nrc.gov, when available: (a) The license transfer application and any associated requests; (b) Commission correspondence with the applicant or licensee related to the application; (c) Federal Register notices; (d) The NRC staff Safety Evaluation Report (SER). (e) Any NRC staff order which acts on the license transfer application; and (f) If a hearing is held, the hearing record and decision. | ||||
| 10:10:1.0.1.1.2.13.23.5 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | M | Subpart M—Procedures for Hearings on License Transfer Applications | § 2.1305 Written comments. | NRC | (a) As an alternative to requests for hearings and petitions to intervene, persons may submit written comments regarding license transfer applications. The Commission will consider and, if appropriate, respond to these comments, but these comments do not otherwise constitute part of the decisional record. (b) These comments should be submitted within 30 days after public notice of receipt of the application and addressed to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff. (c) The Commission will provide the applicant with a copy of the comments. Any response the applicant chooses to make to the comments must be submitted within 10 days of service of the comments on the applicant. Such responses do not constitute part of the decisional record. | |||||
| 10:10:1.0.1.1.2.13.23.6 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | M | Subpart M—Procedures for Hearings on License Transfer Applications | § 2.1308 Oral hearings. | NRC | [69 FR 2270, Jan. 14, 2004] | Hearings under this subpart will be oral hearings, unless, within 15 days of the service of the notice or order granting the hearing, the parties unanimously agree and file a joint motion requesting a hearing consisting of written comments. No motion to hold a hearing consisting of written comments will be entertained absent consent of all the parties. | ||||
| 10:10:1.0.1.1.2.13.23.7 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | M | Subpart M—Procedures for Hearings on License Transfer Applications | § 2.1309 Notice of oral hearing. | NRC | (a) A notice of oral hearing will— (1) State the time, place, and issues to be considered; (2) Provide names and addresses of participants, (3) Specify the time limit for participants and others to indicate whether they wish to present views; (4) Specify the schedule for the filing of written testimony, statements of position, proposed questions for the Presiding Officer to consider, and rebuttal testimony consistent with the schedule provisions of § 2.1321. (5) Specify that the oral hearing shall commence within 15 days of the date for submittal of rebuttal testimony unless otherwise ordered; (6) State any other instructions the Commission deems appropriate; (7) If so determined by the NRC staff or otherwise directed by the Commission, direct that the staff participate as a party with respect to some or all issues. (b) If the Commission is not the Presiding Officer, the notice of oral hearing will also state: (1) When the jurisdiction of the Presiding Officer commences and terminates; (2) The powers of the Presiding Officer; (3) Instructions to the Presiding Officer to certify promptly the completed hearing record to the Commission without a recommended or preliminary decision. | |||||
| 10:10:1.0.1.1.2.13.23.8 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | M | Subpart M—Procedures for Hearings on License Transfer Applications | § 2.1310 Notice of hearing consisting of written comments. | NRC | A notice of hearing consisting of written comments will: (a) State the issues to be considered; (b) Provide the names and addresses of participants; (c) Specify the schedule for the filing of written testimony, statements of position, proposed questions for the Presiding Officer to consider for submission to the other parties, and rebuttal testimony, consistent with the schedule provisions of § 2.1321. (d) State any other instructions the Commission deems appropriate. | |||||
| 10:10:1.0.1.1.2.13.23.9 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | M | Subpart M—Procedures for Hearings on License Transfer Applications | § 2.1311 Conditions in a notice or order. | NRC | (a) A notice or order granting a hearing or permitting intervention shall— (1) Restrict irrelevant or duplicative testimony; and (2) Require common interests to be represented by a single participant. (b) If a participant's interests do not extend to all the issues in the hearing, the notice or order may limit her/his participation accordingly. | |||||
| 10:10:1.0.1.1.2.14.23.1 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | N | Subpart N—Expedited Proceedings with Oral Hearings | § 2.1400 Purpose and scope of this subpart. | NRC | [89 FR 67834, Aug. 22, 2024, as amended at 90 FR 55627, Dec. 3, 2025] | The purpose of this subpart is to provide simplified procedures for the expeditious resolution of disputes among parties in an informal hearing process. The provisions of this subpart, together with subpart C of this part, govern adjudicatory proceedings that the Commission, the presiding officer, or the Atomic Safety and Licensing Board designated to rule on the request/petition determine will be conducted under this subpart in accordance with § 2.310. This subpart shall cease to have effect on January 8, 2027, unless the NRC determines that the cessation deadline should be extended to a date not more than 5 years in the future after offering the public an opportunity to provide input on the costs and benefits of this subpart and considering that input. The NRC will publish a document in the Federal Register announcing its determination and revising or removing this section accordingly. | ||||
| 10:10:1.0.1.1.2.14.23.2 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | N | Subpart N—Expedited Proceedings with Oral Hearings | § 2.1401 Definitions. | NRC | The definitions of terms in § 2.4 apply to this subpart unless a different definition is provided in this subpart. | |||||
| 10:10:1.0.1.1.2.14.23.3 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | N | Subpart N—Expedited Proceedings with Oral Hearings | § 2.1402 General procedures and limitations; requests for other procedures. | NRC | (a) Generally-applicable procedures. For proceedings conducted under this subpart: (1) Except where provided otherwise in this subpart or specifically requested by the presiding officer or the Commission, written pleadings and briefs (regardless of whether they are in the form of a letter, a formal legal submission, or otherwise) are not permitted; (2) Requests to schedule a conference to consider oral motions may be in writing and served on the Presiding officer and the parties; (3) Motions for summary disposition before the hearing has concluded and motions for reconsideration to the presiding officer or the Commission are not permitted; (4) All motions must be presented and argued orally; (5) The presiding officer will reflect all rulings on motions and other requests from the parties in a written decision. A verbatim transcript of oral rulings satisfies this requirement; (6) Except for the information disclosure requirements set forth in subpart C of this part, requests for discovery will not be entertained; and (7) The presiding officer may issue written orders and rulings necessary for the orderly and effective conduct of the proceeding; (b) Other procedures. If it becomes apparent at any time before a hearing is held that a proceeding selected for adjudication under this subpart is not appropriate for application of this subpart, the presiding officer or the Commission may, on its own motion or at the request of a party, order the proceeding to continue under another appropriate subpart. If a proceeding under this subpart is discontinued because the proceeding is not appropriate for application of this subpart, the presiding officer may issue written orders necessary for the orderly continuation of the hearing process under another subpart. (c) Request for cross-examination. A party may present an oral motion to the presiding officer to permit cross-examination by the parties on particular admitted contentions or issues. The presiding officer may allow cross-examination by the parties if he … | |||||
| 10:10:1.0.1.1.2.14.23.4 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | N | Subpart N—Expedited Proceedings with Oral Hearings | § 2.1403 Authority and role of the NRC staff. | NRC | [69 FR 2271, Jan. 14, 2004, as amended at 77 FR 46599, Aug. 3, 2012] | (a) During the pendency of any hearing under this subpart, consistent with the NRC staff's findings in its review of the application or matter that is the subject of the hearing and as authorized by law, the NRC staff is expected to promptly issue its approval or denial of the application, or take other appropriate action on the matter that is the subject of the hearing. When the NRC staff takes its action, it must notify the presiding officer and the parties to the proceeding of its action. That notice must include the NRC staff's explanation why the public health and safety is protected and why the action is in accord with the common defense and security despite the pendency of the contested matter before the presiding officer. The NRC staff's action on the matter is effective upon issuance, except in matters involving: (1) An application to construct and/or operate a production or utilization facility; (2) An application for the construction and operation of an independent spent fuel storage installation located at a site other than a reactor site or a monitored retrievable storage facility under 10 CFR part 72; or (3) Production or utilization facility licensing actions that involve significant hazards considerations as defined in 10 CFR 50.92. (b)(1) The NRC staff is not required to be a party to proceedings under this subpart, except where: (i) The proceeding involves an application denied by the NRC staff or an enforcement action proposed by the staff; or (ii) The presiding officer determines that the resolution of any issue in the proceeding would be aided materially by the NRC staff's participation in the proceeding as a party and orders the staff to participate as a party for the identified issue. In the event that the presiding officer determines that the NRC staff's participation is necessary, the presiding officer shall issue an order identifying the issue(s) on which the staff is to participate as well as setting forth the basis for the determination that staff participation will materially ai… | ||||
| 10:10:1.0.1.1.2.14.23.5 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | N | Subpart N—Expedited Proceedings with Oral Hearings | § 2.1404 Prehearing conference. | NRC | (a) No later than forty (40) days after the order granting requests for hearing/petitions to intervene, the presiding officer shall conduct a prehearing conference. At the discretion of the presiding officer, the prehearing conference may be held in person or by telephone or through the use of video conference technology. (b) At the prehearing conference, each party shall provide the presiding officer and the parties participating in the conference with a statement identifying each witness the party plans to present at the hearing and a written summary of the oral and written testimony of each proposed witness. If the prehearing conference is not held in person, each party shall forward the summaries of the party's witnesses' testimony to the presiding officer and the other parties by such means that will ensure the receipt of the summaries by the commencement of the prehearing conference. (c) At the prehearing conference, the parties shall describe the results of their efforts to settle their disputes or narrow the contentions that remain for hearing, provide an agreed statement of facts, if any, identify witnesses that they propose to present at hearing, provide questions or question areas that they would propose to have the presiding officer cover with the witnesses at the hearing, and discuss other pertinent matters. At the conclusion of the conference, the presiding officer will issue an order specifying the issues to be addressed at the hearing and setting forth any agreements reached by the parties. The order must include the scheduled date for any hearing that remains to be held, and address any other matters as appropriate. | |||||
| 10:10:1.0.1.1.2.14.23.6 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | N | Subpart N—Expedited Proceedings with Oral Hearings | § 2.1405 Hearing. | NRC | (a) No later than twenty (20) days after the conclusion of the prehearing conference, the presiding officer shall hold a hearing on any contention that remains in dispute. At the beginning of the hearing, the presiding officer shall enter into the record all agreements reached by the parties before the hearing. (b) A hearing will be recorded stenographically or by other means, under the supervision of the presiding officer. A transcript will be prepared from the recording that will be the sole official transcript of the hearing. The transcript will be prepared by an official reporter who may be designated by the Commission or may be a regular employee of the Commission. Except as limited by section 181 of the Act or order of the Commission, the transcript will be available for inspection in the agency's public records system. Copies of transcripts are available to the parties and to the public from the official reporter on payment of the charges fixed therefor. If a hearing is recorded on videotape or other video medium, copies of the recording of each daily session of the hearing may be made available to the parties and to the public from the presiding officer upon payment of a charge fixed by the Chief Administrative Judge. Parties may purchase copies of the transcript from the reporter. (c) Hearings will be open to the public, unless portions of the hearings involving proprietary or other protectable information are closed in accordance with the Commission's regulations. (d) At the hearing, the presiding officer will not receive oral evidence that is irrelevant, immaterial, unreliable or unduly repetitious. Testimony will be under oath or affirmation. (e) The presiding officer may question witnesses who testify at the hearing, but the parties may not do so. (f) Each party may present oral argument and a final statement of position at the close of the hearing. Written post-hearing briefs and proposed findings are not permitted unless ordered by the presiding officer. | |||||
| 10:10:1.0.1.1.2.14.23.7 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | N | Subpart N—Expedited Proceedings with Oral Hearings | § 2.1406 Initial decision—issuance and effectiveness. | NRC | [69 FR 2271, Jan. 14, 2004, as amended at 79 FR 66602, Nov. 10, 2014] | (a) Where practicable, the presiding officer will render a decision from the bench. In rendering a decision from the bench, the presiding officer shall state the issues in the proceeding and make clear its findings of fact and conclusions of law on each issue. The presiding officer's decision and order must be reduced to writing and transmitted to the parties as soon as practicable, but not later than twenty (20) days, after the hearing ends. If a decision is not rendered from the bench, a written decision and order will be issued not later than thirty (30) days after the hearing ends. Approval of the Chief Administrative Judge must be obtained for an extension of these time periods, and in no event may a written decision and order be issued later than sixty (60) days after the hearing ends without the express approval of the Commission. (b) The presiding officer's written decision must be served on the parties and filed with the Commission when issued. (c) The presiding officer's initial decision is effective and constitutes the final action of the Commission twenty-five (25) days after the date of issuance of the written decision unless any party appeals to the Commission in accordance with § 2.1407 or the Commission takes review of the decision sua sponte or the regulations in this part specify other requirements with regard to the effectiveness of decisions on certain applications. | ||||
| 10:10:1.0.1.1.2.14.23.8 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | N | Subpart N—Expedited Proceedings with Oral Hearings | § 2.1407 Appeal and Commission review of initial decision. | NRC | [69 FR 2271, Jan. 14, 2004, as amended at 77 FR 46599, Aug. 3, 2012] | (a)(1) Within 25 days after service of a written initial decision, a party may file a written appeal seeking the Commission's review on the grounds specified in paragraph (b) of this section. Unless otherwise authorized by law, a party must file an appeal with the Commission before seeking judicial review. (2) An appeal under this section may not be longer than twenty (20) pages and must contain the following: (i) A concise statement of the specific rulings and decisions that are being appealed; (ii) A concise statement (including record citations) where the matters of fact or law raised in the appeal were previously raised before the presiding officer and, if they were not, why they could not have been raised; (iii) A concise statement why, in the appellant's view, the decision or action is erroneous; and (iv) A concise statement why the Commission should review the decision or action, with particular reference to the grounds specified in paragraph (b) of this section. (3) Any other party to the proceeding may, within 25 days after service of the appeal, file an answer supporting or opposing the appeal. The answer may not be longer than 20 pages and should concisely address the matters specified in paragraph (a)(2) of this section. The appellant does not have a right to reply. Unless it directs additional filings or oral arguments, the Commission will decide the appeal on the basis of the filings permitted by this paragraph. (b) In considering the appeal, the Commission will give due weight to the existence of a substantial question with respect to the following considerations: (1) A finding of material fact is clearly erroneous or in conflict with a finding as to the same fact in a different proceeding; (2) A necessary legal conclusion is without governing precedent or is a departure from, or contrary to, established law; (3) A substantial and important question of law, policy or discretion has been raised by the appeal; (4) The conduct of the proceeding involved a prejudicial procedural error; or (… | ||||
| 10:10:1.0.1.1.2.15.23.1 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | O | Subpart O—Legislative Hearings | § 2.1500 Purpose and scope. | NRC | [69 FR 2273, Jan. 14, 2004, as amended at 90 FR 55627, Dec. 3, 2025] | The purpose of this subpart is to provide for simplified, legislative hearing procedures to be used, at the Commission's sole discretion, in: (a) Any design certification rulemaking hearings under subpart B of part 52 of this chapter that the Commission may choose to conduct; and (b) Developing a record to assist the Commission in resolving, under § 2.335(d), a petition filed under § 2.335(b). (c) This subpart shall cease to have effect on January 8, 2027, unless the NRC determines that the cessation deadline should be extended to a date not more than 5 years in the future after offering the public an opportunity to provide input on the costs and benefits of this subpart and considering that input. The NRC will publish a document in the Federal Register announcing its determination and revising or removing this paragraph (c) accordingly. | ||||
| 10:10:1.0.1.1.2.15.23.10 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | O | Subpart O—Legislative Hearings | § 2.1509 Ex parte communications and separation of functions. | NRC | Section 2.347 applies in a legislative hearing. Section 2.348 applies in a legislative hearing only where the hearing addresses an issue certified to the Commission under § 2.335(d), and then only with respect to the underlying contested matter. | |||||
| 10:10:1.0.1.1.2.15.23.2 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | O | Subpart O—Legislative Hearings | § 2.1501 Definitions. | NRC | Demonstrative information means physical things, not constituting documentary information. Documentary information means information, ordinarily contained in documents or electronic files, but may also include photographs and digital audio files. | |||||
| 10:10:1.0.1.1.2.15.23.3 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | O | Subpart O—Legislative Hearings | § 2.1502 Commission decision to hold legislative hearing. | NRC | (a) The Commission may, in its discretion, hold a legislative hearing in either a design certification rulemaking under § 52.51(b) of this chapter, or a proceeding where a question has been certified to it under § 2.335(d). (b) Notice of Commission decision—(1) Hearing in design certification rulemakings. If, at the time a proposed design certification rule is published in the Federal Register under § 52.51(a) of this chapter, the Commission decides that a legislative hearing should be held, the information required by paragraph (c) of this section must be included in the Federal Register notice for the proposed design certification rule. If, following the submission of written public comments submitted on the proposed design certification rule which are submitted in accordance with § 52.51(a) of this chapter, the Commission decides to conduct a legislative hearing, the Commission shall publish a notice in the Federal Register and on the NRC Web site indicating its determination to conduct a legislative hearing. The notice shall contain the information specified in paragraph (c) of this section, and specify whether the Commission or a presiding officer will conduct the legislative hearing. (2) Hearings under § 2.335(d). If, following a certification of a question to the Commission by a Licensing Board under § 2.335(d), the Commission decides to hold a legislative hearing to assist it in resolving the certified question, the Commission shall issue an order containing the information required by paragraph (c) of this section. The Commission shall serve the order on all parties in the proceeding. In addition, if the Commission decides that persons and entities other than those identified in paragraph (c)(2) may request to participate in the legislative hearing, the Commission shall publish a notice of its determination to hold a legislative hearing in the Federal Register and on the NRC Web site. The notice shall contain the information specified in paragraph (c) of this section, and refer to the criteria … | |||||
| 10:10:1.0.1.1.2.15.23.4 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | O | Subpart O—Legislative Hearings | § 2.1503 Authority of presiding officer. | NRC | If the Commission appoints a presiding officer to conduct the legislative hearing, the presiding officer shall be responsible for expeditious development of a sufficient record on the Commission-identified issues, consistent with the direction provided by the Commission under § 2.1502(c). The presiding officer has the authority otherwise accorded to it under §§ 2.319(a), (c), (e), (g), (h), and (i), 2.324, and 2.333 to control the course of the proceeding, and may exercise any other authority granted to it by the Commission in accordance with § 2.1502(c)(6). | |||||
| 10:10:1.0.1.1.2.15.23.5 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | O | Subpart O—Legislative Hearings | § 2.1504 Request to participate in legislative hearing. | NRC | (a) Any person or entity who wishes to participate in a legislative hearing noticed under either § 2.1502(b)(1) or (b)(2) shall submit a request to participate by the date specified in the notice. The request must address: (1) A summary of the person's position on the subject matter of the legislative hearing; and (2) The specific information, expertise or experience that the person possesses with respect to the subject matter of the legislative hearing. (b) The Commission or presiding officer shall, within ten (10) days of the date specified for submission of requests to participate, determine whether the person or entity has met the criteria specified by the Commission under § 2.1502(c)(4) for determining requests to participate in the legislative hearing, and issue an order to that person or entity informing them of the presiding officer's decision. A presiding officer's determinations in this regard are final and not subject to any motion for reconsideration or appeal to the Commission; and the Commission's determination in this regard are final and are not subject to a motion for reconsideration. | |||||
| 10:10:1.0.1.1.2.15.23.6 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | O | Subpart O—Legislative Hearings | § 2.1505 Role of the NRC staff. | NRC | The NRC staff shall be available to answer any Commission or presiding officer's questions on staff-prepared documents, provide additional information or documentation that may be available to the staff, and provide other assistance that the Commission or presiding officer may request without requiring the NRC staff to assume the role of an advocate. The NRC staff may request to participate in the legislative hearing by providing notice to the Commission or presiding officer, as applicable, within the time period established for submitting a request to participate; or if no notice is provided under § 2.1502(b)(2), within ten (10) days of the Commission's order announcing its determination to conduct a legislative hearing. | |||||
| 10:10:1.0.1.1.2.15.23.7 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | O | Subpart O—Legislative Hearings | § 2.1506 Written statements and submission of information. | NRC | All participants shall file written statements on the Commission-identified issues, and may submit documentary and demonstrative information. Written statements, copies of documentary information, and a list and short description of any demonstrative information to be submitted must be received by the NRC (and in a hearing on issues stemming from a § 2.335(b) petition, by the parties in the proceeding in which the petition was filed) no later than ten (10) days before the commencement of the oral hearing. |
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