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Notice and Timing of Hearing and License Applications

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The following tables identify common scenarios in which an opportunity for a hearing or request for intervention may arise. The first table identifies actions for which notices must be published in the Federal Register, as well as actions for which notices will be provided on the, Hearing Opportunities and License Applications page of the NRC Web site. The final table describes the timing of filing a request for a hearing or petition for intervention based on the timing and type of notice provided. This guide is not a replacement for the procedural regulations in 10 CFR Part 2. To the extent users rely on this guide, they do so at their own risk.

Federal Register Notice
License for a facility. § 2.105(a)(1)
License for receipt of waste radioactive material from other persons for the purpose of commercial disposal by the waste disposal licensee. § 2.105(a)(2)
Amendments to licenses specified in § 2.105(a)(1) or (a)(2) that involve a significant hazards consideration. § 2.105(a)(3)
An amendment to an operating license for a facility licensed under §50.21(b) or §50.22 or for a testing facility, subject to certain limitations at § 2.105(a)(4). § 2.105(a)(4)
Initial authorization to receive and possess HLW at a geologic repository operations area or an amendment thereto. § 2.105(a)(5)
An amendment to a construction authorization for a HLW repository, when the amendment would authorize actions that significantly affect the health and safety of the public. § 2.105(a)(6)
A license under Part 72 to acquire, receive, or possess spent fuel for an ISFSI or for storage in an MRS. § 2.105(a)(7)
An amendment to a license specified in § 2.105(a)(7) when such an amendment presents a genuine issue as to whether the public health and safety will be significantly affected. § 2.105(a)(8)
Any other license or amendment as to which the Commission determines an opportunity for a public hearing should be afforded. § 2.105(a)(9)
Initial construction authorization for a HLW geologic repository. § 2.101(f)(8)
NRC Web Notice
Notices of receipt of major applications or pre-applications notification of intent to file an application.

Subject

To

Office

Practices

Notices of docketing of major applications.
Notice of opportunity to request a hearing/petition to intervene for major applications and regulatory actions.
Initial nuclear power plant construction permits.
Initial fuel facility construction permits.
Facility license renewals.
Design certifications under Part 52.
License amendments for nuclear facilities.
Applications for radioactive materials licenses.

Timing
Direct or indirect transfer of control of NRC license when the transfer requires prior NRC approval under the Commission's regulations. Within 20 days of publication in Federal Register. § 2.309(b)(1)
Initial authorization to construct a HLW geologic repository. Within 30 days of publication in Federal Register. § 2.309(b)(2)
Initial authorization to receive and possess HLW at a geologic repository operations area. Within 30 days of publication in Federal Register. § 2.309(b)(2)
Proceedings in which a Federal Register notice is published.

1. Within time specified in any notice or as provided by a presiding officer or ASLB, but not less than 60 days from publication of the notice in the Federal Register, with the exception of notice provided under § 2.102(d)(3);

2. Within time provided in § 2.102(d)(3);

3. If not period is specified, within 60 days of publication of the notice.

§ 2.309(b)(3)
Proceedings in which a Federal Register notice is not published. 1. Within 60 days after publication of notice on the NRC website, www.nrc.gov;

2. Within 60 days after requestor receives actual notice of a pending application, but not more than 60 days after agency action on the application.

§ 2.309(b)(4)
Orders issued under § 2.702. Within time period provided therein. § 2.309(b)(5)
Page Last Reviewed/Updated Wednesday, July 03, 2013