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Deadlines for Hearing Activities -- 10 CFR Part 2, Subpart L

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Subpart L is a less formal hearing process that balances the need for formal procedures and the expeditious resolution of contested matters. Subpart L is the default track for adjudicatory proceedings and can also be used upon mutual agreement of the parties in enforcement proceedings. Subpart L hearings can take the form of either an oral hearing or a hearing consisting of written comments. Subpart L proceedings require mandatory disclosure at the discovery phase and generally limit cross-examination by the parties. 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.

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Request for Hearing/Petition to Intervene and Related Filings
Action Deadline Notes Section
Request for Hearing/Petition to Intervene

If the Director issues notice of denial/proposed denial of application, within 20 days from date of notice of denial/proposed denial, or as specified in the notice.

If notice is published in the Federal Register, within time specified (must be at least 60 days after publication) or, if no time is specified, within 60 days of publication of the proposed agency action or notice of hearing.

If a Federal Register notice is not published, not later than the latest of 60 days, after publication of notice on the NRC's Web site, http://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing-license-applications.html, or 60 days after the requester received actual notice of a pending application, but not more than 60 days after agency action on the application.

§ 2.103(b)(2)
Include standing and contentions. § 2.309(a)—(b)
  § 2.309(a)—(b)
Answer Filed within 25 days of request for hearing/petition to intervene. At a minimum, address factors in § 2.309(a)-(g). § 2.309(h)(1)
Reply to Answers Filed within 7 days of answer to request for hearing/petition to intervene.   § 2.309(h)(2)
Decision on Request for Hearing/Petition to Intervene Issued within 45 days of filing of answers or replies to answers (absent Commission extension).   § 2.309(i)
NRC Actions
Action Deadline Notes Section
Regulatory Action Staff must notify the presiding officer and parties of any action taken on the regulatory matter at issue, including the staff's position on the matters in controversy.   § 2.1202(a)
Notification of NRC Party Status Within 15 days of order granting request for hearing/petition to intervene.   § 2.1202(b)(2)
NRC Submits Hearing File Filed within 30 days of order granting request for hearing/petition to intervene.   § 2.1203(a)(1)
Discover
Action Deadline Notes Section
Initial Mandatory Disclosures Made within 30 days of order granting request for hearing/petition to intervene. Continuing duty of disclosure. § 2.336(a)-(b)
Prehearing Conference
Action Deadline Notes Section
Prehearing Conferences Required for certain proceedings; within 60 days of completion of discovery.   §§ 2.319(j), 2.329(a)
Objection to Prehearing Conference Order Within 5 days after service of prehearing conference order.   § 2.329(e)
Scheduling Order As soon as practicable.   § 2.332
Summary Disposition
Action Deadline Notes Section
Motions for Summary Disposition Must be submitted no later than 45 days before commencement of hearing.   § 2.1205(a)
Answer Filed within 20 days after service of the motion for summary disposition.   § 2.1205(b)
Determination on Summary Disposition Issued no later than 15 days before the scheduled commencement of hearing.   § 2.1205(c)
Oral Hearing
Action Deadline Notes Section
Requests for Cross- Examination Granted only if the presiding officer determines that cross-examination is necessary to ensure adequate development of the record. Includes cross-examination plan. §§ 2.323, 2.1204(b)
Written Initial Statements of Position and Testimony Date set by presiding officer.   § 2.1207(a)(1)
Written Responses and Rebuttal Testimony Within 20 days of service of written initial statements of position and testimony.   § 2.1207(a)(2)
Proposed Questions for Presiding Officer to Consider Unless otherwise directed, within 20 days of service of initial statements of position and testimony, unless that date is less than 5 days before scheduled commencement of oral hearing, in which case no later than 5 days before the scheduled commencement of the hearing.   § 2.1207(a)(3)
Proposed Questions Directed to Rebuttal Testimony Unless otherwise directed, within 7 days after service of rebuttal testimony submitted in (a) (2), unless that date is less than 5 days before the scheduled commencement of the oral hearing, in which case, no later than 5 days before the scheduled commencement of the hearing.   § 2.1207(a)(3)

Written Presentation
Action Deadline Notes Section
Request for Written Presentation Within 15 days of service of order granting the request for hearing; otherwise, the hearing will be oral. Requires joint motion and unanimous consent of parties. § 2.1206
Initial Written Statements of Position and Written Testimony Date set by presiding officer.   § 2.1208(a)(1)
Written Responses, Rebuttal Testimony, and Proposed Written Questions Unless otherwise directed, within 20 days of service of initial written statements of position and written testimony.   § 2.1208(a)(2)
Written Questions on Written Responses and Rebuttal Testimony Unless otherwise directed, within 7 days of service of the written responses and rebuttal testimony in (a) (2).   § 2.1208(a)(3)
Written Concluding Statements of Position on the Contentions Unless otherwise directed, within 20 days of service of written response to the presiding officer's questions or, in the absence of questions from the presiding officer, within 20 days of service of the written responses and rebuttal testimony in (a) (2).   § 2.1208(a)(4)
Findings and Initial Decision
Action Deadline Notes Section
File Proposed Findings Unless otherwise directed, within 30 days of the close of either an oral or written hearing.   § 2.1209
Initial Decision Issued Unless Commission directs the record to be certified per § 2.1210(b), the presiding officer shall render an initial decision after completion of a Subpart L hearing. That decision constitutes the Commission's final action 40 days after date of issuance unless (i) a party files a petition for Commission review, (ii) the initial decision is inconsistent with the staff's action, or (iii) the Commission takes review sua sponte. In writing and based only upon information in the record or facts officially noticed.

§§ 2.1210(a), 2.340(b)

Motions, Stays, and Requests for Reconsideration
Action Deadline Notes Section
Motions (generally) No later than 10 days after the occurrence or circumstance from which the motion arises. Includes requests for cross- examination; certifies efforts to resolve issue with other parties. §§ 2.323(a)

2.1204

Answers to Motions Within 10 days of service of written motion.   § 2.323(c)
Motion for Reconsideration Within 10 days of action for which reconsideration is requested. Concise; 10 page limit § 2.323(e)
Stay Petition for Reconsideration Within 5 days of issuance of notice of NRC staff's action on matter involved in a hearing;

Within 10 days of service of a decision or action of a presiding officer.

Concise; 10 page limit, exclusive of affidavits. § 2.1213(a),

§§ 2.342(a),

2.345(a)(1)

Answer Supporting Stay Petition for Reconsideration Within 10 days of service of an application for stay or motion for reconsideration. Concise; 10 page limit, exclusive of affidavits. §§ 2.1213(c), 2.342(d), 2.345(b)
Appellate Review
Action Deadline Notes Section
Interlocutory Appeals Within 10 days of an order on a request for hearing/petition to intervene.

Within 10 days of an order selecting a hearing procedure.

  § 2.311(a)

§ 2.311(d)

Opposition to Interlocutory Appeal Within 10 days of service of the appeal.   § 2.311(a)
Appeal From Full/Partial Initial Decision Within 15 days of service of a full/partial decision of a presiding officer. Concise; 25 page limit. § 2.341(b)(1)
Answer Within 10 days of service of a petition for review. Concise; 25 page limit. § 2.341(b)(3)
Reply to Answer Within 5 days of service of any answer. Concise; 5 page limit. § 2.341(b)(3)
Commission Decision on Stay of Immediate Effectiveness

Commission
Sua Sponte Review

Within 60 days of service of presiding officer decision that otherwise authorizes issuance of a construction permit. Immediate effectiveness review for operating licenses within 30 days of receipt of presiding officer's decision.

Within 40 days after the date of the decision or action by presiding officer, or within 40 days after service of a petition for review, whichever is greater.

  § 2.340(f)

§ 2.340(g)

§ 2.341(a)(2)

Page Last Reviewed/Updated Wednesday, July 03, 2013