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

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Subpart N is a simplified, informal hearing track for the expeditious resolution of disputes among parties. Proceedings under Subpart N are expected torequire less than 2 days of oral hearings. These "fast-track" procedures can also be used upon mutual agreement of the parties, and "fast-track" may be particularly useful for cases involving small licensees. In such cases, the Subpart N procedures allow the parties to be heard in a simple, inexpensive, andinformal proceeding that can be conducted quickly before an independent decision-maker. 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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Requests for Hearing/Petitions to Intervene and Related Filings
Action Deadline Notes Section
Request for Hearing/Petition toIntervene

For the applicant, within 20 days from date of notice of action/proposed action 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 the publication of proposed agency action or notice of hearing.

If a Federal Register notice is notpublished, not later than the latest of 60 days, after publication of notice onthe 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.

Include standing and contentions. Include standing and contentions. § 2.103(b)(2)
§ 2.309(a),(b)
§ 2.309(a),(b)
Answer Filed within 25 days of request for hearing/petition to intervene. Address, at a minimum, 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
Notification of NRC Party Status Within 15 days of order granting request for hearing/petition to intervene.   § 2.1403(b)(2)
Discovery
Action Deadline Notes Section
Initial Mandatory Disclosures Within 30 days of order granting request for hearing/petition to intervene. Continuing duty of disclosure. §§ 2.336(a)--(b), 2.1402(a)(6)
Prehearing Conferences
Action Deadline Notes Section
Prehearing Conferences No later than 40 days after the order granting a request for hearing petition to intervene.   § 2.1404(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
Summary Disposition Not Permitted.   § 2.1402(a)(3)
Oral Hearing
Action Deadline Notes Section
Hearing Begins No later than 20 days after conclusion of prehearing conference.   § 2.1405(a)
Findings and Initial Decison
Action Deadline Notes Section
Decision Issued

Generally issued orally from the bench and reduced to writing within 20 days. If no oral decision, reduced to writing within 30 days.

Can be extended with permission ofthe Chief Administrative Judge, but no later than 60 days after hearing without express Commission approval.

  § 2.1406(a)
Decision Effectiveness 20 days after issuance, unless appealed to Commission or reviewedsua sponte by the Commission.   § 2.1406(c)
Motions, Stays and Request for Reconsideration
Action Deadline Notes Section
Motions (generally) All motions must be made orally. Includes requests for cross-examination. § 2.1402(a)(4)
Motion for Reconsideration Not permitted.   § 2.1402(3)
Stay Motion Within 10 days of service of a decision or action of a presiding officer. Concise; 10 page limit, exclusive of affidavits. § 2.342(a)
Answer Supporting Stay Motion Within 10 days of service of an application for stay. Concise; 10 page limit, exclusive of affidavits. § 2.342(d)
Appellate Review
Action Deadline Notes Section
Appeal From Initial Written Decision Within 15 days of service of a written initial decision. Concise; 20 page limit. § 2.1407(a)(1)—(2)
Answer Within 15 days of service of apetition for review. Concise; 20 page limit. § 2.1407(a)(3)
Reply to Answer None.   § 2.1407(a)(3)
Commission Sua Sponte Review Within 20 days after the date of issuance of the written decision.   § 2.1406(c)
Page Last Reviewed/Updated Wednesday, July 03, 2013