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PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE

Note: Electronic filing and service of documents in proceedings for which notices of opportunity for hearing were published in the Federal Register or on the NRC website before October 15, 2007, are governed by the Part 2 rules in effect prior to the NRC E-Filing Rule (72 Fed. Reg. 49139 (Aug. 28, 2007)). For those proceedings noticed in the Federal Register or on the NRC website before October 15, 2007, participants should not file documents electronically via the agency's E-Filing system unless otherwise instructed by the Atomic Safety and Licensing Board or the Commission.

For reference, a copy of the prior rule may be found at the following site:

http://www.access.gpo.gov/nara/cfr/waisidx_07/10cfr2_07.html

Full Text Version (740.99 KB)

Sec.

2.1 Scope.

2.2 Subparts.

2.3 Resolution of conflict.

2.4 Definitions.

2.8 Information collection requirements: OMB approval.

Subpart A—Procedure for Issuance, Amendment, Transfer, or Renewal of a License, and Standard Design Approval

2.100 Scope of subpart.

2.101 Filing of application.

2.102 Administrative review of application.

2.103 Action on applications for byproduct, source, special nuclear material, facility and operator licenses.

Hearing on Application—How Initiated

2.104 Notice of hearing.

2.105 Notice of proposed action.

2.106 Notice of issuance.

2.107 Withdrawal of application.

2.108 Denial of application for failure to supply information.

2.109 Effect of timely renewal application.

2.110 Filing and administrative action on submittals for standard design approval or early review of site suitability issues.

2.111 Prohibition of sex discrimination.

Subpart B—Procedure for Imposing Requirements by Order, or for Modification, Suspension, or Revocation of a License, or for Imposing Civil Penalties

2.200 Scope of subpart.

2.201 Notice of violation.

2.202 Orders.

2.203 Settlement and compromise.

2.204 Demand for information.

2.205 Civil penalties.

2.206 Requests for action under this subpart.

Subpart C—Rules of General Applicability: Hearing Requests, Petitions to Intervene, Availability of Documents, Selection of Specific Hearing Procedures, Presiding Officer Powers, and General Hearing Management for NRC Adjudicatory Hearings

2.300 Scope of subpart C.

2.301 Exceptions.

2.302 Filing of documents.

2.303 Docket.

2.304 Formal requirements for documents; signatures; acceptance for filing.

2.305 Service of documents, methods, proof.

2.306 Computation of time.

2.307 Extension and reduction of time limits; delegated authority to order use of procedures for access by potential parties to certain sensitive unclassified information.

2.308 Treatment of requests for hearing or petitions for leave to intervene by the Secretary.

2.309 Hearing requests, petitions to intervene, requirements for standing, and contentions.

2.310 Selection of hearing procedures.

2.311 Interlocutory review of rulings on requests for hearings/petitions to intervene, selection of hearing procedures, and requests by potential parties for access to sensitive unclassified non-safeguards information and safeguards information.

2.312 Notice of hearing.

2.313 Designation of presiding officer, disqualification, unavailability, and substitution.

2.314 Appearance and practice before the Commission in adjudicatory proceedings.

2.315 Participation by a person not a party.

2.316 Consolidation of parties.

2.317 Separate hearings; consolidation of proceedings.

2.318 Commencement and termination of jurisdiction of presiding officer.

2.319 Power of the presiding officer.

2.320 Default.

2.321 Atomic Safety and Licensing Boards.

2.322 Special assistants to the presiding officer.

2.323 Motions.

2.324 Order of procedure.

2.325 Burden of proof.

2.326 Motions to reopen.

2.327 Official recording; transcript.

2.328 Hearings to be public.

2.329 Prehearing conference.

2.330 Stipulations.

2.331 Oral argument before the presiding officer.

2.332 General case scheduling and management.

2.333 Authority of the presiding officer to regulate procedure in a hearing.

2.334 Implementing hearing schedule for proceeding.

2.335 Consideration of Commission rules and regulations in adjudicatory proceedings.

2.336 General discovery.

2.337 Evidence at a hearing.

2.338 Settlement of issues; alternative dispute resolution.

2.339 Expedited decisionmaking procedure.

2.340 Initial decision in certain contested proceedings; immediate effectiveness of initial decisions; issuance of authorizations, permits and licenses.

2.341 Review of decisions and actions of a presiding officer.

2.342 Stays of decisions.

2.343 Oral argument.

2.344 Final decision.

2.345 Petition for reconsideration.

2.346 Authority of the Secretary.

2.347 Ex parte communications.

2.348 Separation of functions.

2.390 Public inspections, exemptions, requests for withholding.

Subpart D—Additional Procedures Applicable to Proceedings for the Issuance of Licenses To Construct and/or Operate Nuclear Power Plants of Identical Design at Multiple Sites

2.400 Scope of subpart.

2.401 Notice of hearing on construction permit or combined license applications pursuant to appendix N of 10 CFR parts 50 or 52.

2.402 Separate hearings on separate issues; consolidation of proceedings.

2.403 Notice of proposed action on applications for operating licenses pursuant to appendix N of 10 CFR part 50.

2.404 Hearings on applications for operating licenses pursuant to appendix N of 10 CFR part 50.

2.405 Initial decisions in consolidated hearings.

2.406 Finality of decisions on separate issues.

2.407 Applicability of other sections.

Subpart E—Additional Procedures Applicable to Proceedings for the Issuance of Licenses To Manufacture Nuclear Power Reactors To Be Operated at Sites Not Identified in the License Application and Related Licensing Proceedings

2.500 Scope of subpart.

2.501 Notice of hearing on application under subpart F of 10 CFR part 52 for a license to manufacture nuclear power reactors.

2.502 [Reserved]

2.503 [Reserved]

2.504 [Reserved]

Subpart F—Additional Procedures Applicable to Early Partial Decisions on Site Suitability Issues in Connection With an Application for a Construction Permit or Combined License To Construct Certain Utilization Facilities; and Advance Issuance of Limited Work Authorizations

2.600 Scope of subpart.

2.601 Applicability of other sections.

Early Partial Decisions on Site Suitability—Construction Permit

2.602 Filing fees.

2.603 Acceptance and docketing of application for early review of site suitability issues in a construction permit proceeding.

2.604 Notice of hearing on application for early review of site suitability issues in construction permit proceeding.

2.605 Additional considerations.

2.606 Partial decision on site suitability issues in construction permit proceeding.

Early Partial Decisions on Site Suitability—Combined License Under 10 CFR Part 52

2.621 Acceptance and docketing of application for early review of site suitability issues in a combined license proceeding.

2.623 Notice of hearing on application for early review of site suitability issues in combined license proceeding.

2.625 Additional considerations.

2.627 Partial decision on site suitability issues in combined license proceeding.

2.629 Finality of partial decision on site suitability issues in combined license proceeding.

Phased Applications Involving Limited Work Authorizations

2.641 Filing fees.

2.643 Acceptance and docketing of application for limited work authorization.

2.645 Notice of hearing.

2.647 [Reserved]

2.649 Partial decisions on limited work authorization.

Subpart G—Rules for Formal Adjudications

2.700 Scope of subpart G.

2.701 Exceptions.

2.702 Subpoenas.

2.703 Examination by experts.

2.704 Discovery—required disclosures.

2.705 Discovery—additional methods.

2.706 Depositions upon oral examination and written interrogatories; interrogatories to parties.

2.707 Production of documents and things; entry upon land for inspection and other purposes.

2.708 Admissions.

2.709 Discovery against NRC staff.

2.710 Motions for summary disposition.

2.711 Evidence.

2.712 Proposed findings and conclusions.

2.713 Initial decision and its effect.

Subpart H—Rulemaking

2.800 Scope and applicability.

2.801 Initiation of rulemaking.

2.802 Petition for rulemaking.

2.803 Determination of petition.

2.804 Notice of proposed rulemaking.

2.805 Participation by interested persons.

2.806 Commission action.

2.807 Effective date.

2.808 Authority of the Secretary to rule on procedural matters.

2.809 Participation by the Advisory Committee on Reactor Safeguards.

2.810 NRC size standards.

2.811 Filing of standard design certification application; required copies.

2.813 Written communications.

2.815 Docketing and acceptance review.

2.817 Withdrawal of application.

2.819 Denial of application for failure to supply information.

Subpart I—Special Procedures Applicable to Adjudicatory Proceedings Involving Restricted Data and/or National Security Information

2.900 Purpose.

2.901 Scope of subpart I.

2.902 Definitions.

2.903 Protection of restricted data and national security information.

2.904 Classification assistance.

2.905 Access to restricted data and national security information for parties; security clearances.

2.906 Obligation of parties to avoid introduction of restricted data or national security information.

2.907 Notice of intent to introduce restricted data or national security information.

2.908 Contents of notice of intent to introduce restricted data or other national security information.

2.909 Rearrangement or suspension of proceedings.

2.910 Unclassified statements required.

2.911 Admissibility of restricted data or other national security information.

2.912 Weight to be attached to classified evidence.

2.913 Review of Restricted Data or other National Security Information received in evidence.

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 subpart J.

2.1001 Definitions.

2.1002 [Reserved]

2.1003 Availability of material.

2.1004 Amendments and additions.

2.1005 Exclusions.

2.1006 Privilege.

2.1007 Access.

2.1008 [Reserved]

2.1009 Procedures.

2.1010 Pre-license application presiding officer.

2.1011 Management of electronic information.

2.1012 Compliance.

2.1013 Use of the electronic docket during the proceeding.

2.1015 Appeals.

2.1017 Computation of time.

2.1018 Discovery.

2.1019 Depositions.

2.1020 Entry upon land for inspection.

2.1021 First prehearing conference.

2.1022 Second prehearing conference.

2.1023 Immediate effectiveness.

2.1025 Authority of the presiding officer to dispose of certain issues on the pleadings.

2.1026 Schedule.

2.1027 Sua sponte.

Subpart K—Hybrid Hearing Procedures for Expansion of Spent Nuclear Fuel Storage Capacity at Civilian Nuclear Power Reactors

2.1101 Purpose.

2.1103 Scope of subpart K.

2.1105 Definitions.

2.1107 Notice of proposed action.

2.1109 Requests for oral argument.

2.1111 [Reserved]

2.1113 Oral argument.

2.1115 Designation of issues for adjudicatory hearing.

2.1117 Burden of proof.

2.1119 Applicability of other sections.

Subpart L—Simplified Hearing Procedures for NRC Adjudications

2.1200 Scope of subpart L.

2.1201 Definitions.

2.1202 Authority and role of NRC staff.

2.1203 Hearing file; prohibition on discovery.

2.1204 Motions and requests.

2.1205 Summary disposition.

2.1206 Informal hearings.

2.1207 Process and schedule for submissions and presentations in an oral hearing.

2.1208 Process and schedule for a hearing consisting of written presentations.

2.1209 Findings of fact and conclusions of law.

2.1210 Initial decision and its effect.

2.1212 Petitions for Commission review of initial decisions.

2.1213 Application for a stay.

Subpart M—Procedures for Hearings on License Transfer Applications

2.1300 Scope of subpart M.

2.1301 Public notice of receipt of a license transfer application.

2.1302 Notice of withdrawal of an application.

2.1303 Availability of documents in the Public Document Room.

2.1305 Written comments.

2.1308 Oral hearings.

2.1309 Notice of oral hearing.

2.1310 Notice of hearing consisting of written comments.

2.1311 Conditions in a notice or order.

2.1315 Generic determination regarding license amendments to reflect transfers.

2.1316 Authority and role of NRC staff.

2.1319 Presiding Officer.

2.1320 Responsibility and power of the presiding officer in an oral hearing.

2.1321 Participation and schedule for submissions in a hearing consisting of written comments.

2.1322 Participation and schedule for submissions in an oral hearing.

2.1323 Presentation of testimony in an oral hearing.

2.1324 Appearance in an oral hearing.

2.1325 Motions and requests.

2.1327 Application for a stay of the effectiveness of NRC staff action on license transfer.

2.1331 Commission action.

Subpart N—Expedited Proceedings with Oral Hearings

2.1400 Purpose and scope of subpart N.

2.1401 Definitions.

2.1402 General procedures and limitations; requests for other procedures.

2.1403 Authority and role of the NRC staff.

2.1404 Prehearing conference.

2.1405 Hearing.

2.1406 Initial decision—issuance and effectiveness.

2.1407 Appeal and Commission review of initial decision.

Subpart O—Legislative Hearings

2.1500 Purpose and scope.

2.1501 Definitions.

2.1502 Commission decision to hold legislative hearing.

2.1503 Authority of presiding officer.

2.1504 Request to participate in legislative hearing.

2.1505 Role of the NRC staff.

2.1506 Written statements and submission of information.

2.1507 Oral hearing.

2.1508 Recommendation of presiding officer.

2.1509 Ex parte communications and separation of functions.

Appendix A to Part 2—[Reserved]

Appendix B to Part 2—Model Milestones To Be Used By a Presiding Officer as a Guideline in Developing a Hearing Schedule for the Conduct of an Adjudicatory Proceeding in Accordance With 10 CFR 2.332

Appendix C to Part 2—[Reserved]

Appendix D to Part 2—Schedule for the Proceeding on Consideration of Construction Authorization for a High-Level Waste Geologic Repository

Authority: Atomic Energy Act secs.161, 181, 191 (42 U.S.C. 2201, 2231, 2241); Energy Reorganization Act sec. 201 (42 U.S.C. 5841); 5 U.S.C. 552; Government Paperwork Elimination Act sec. 1704 (44 U.S.C. 3504 note).

Section 2.101 also issued under Atomic Energy Act secs. 53, 62, 63, 81, 103, 104 (42 U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, 2135); Nuclear Waste Policy Act sec. 114(f) (42 U.S.C. 10143(f)); National Environmental Policy Act sec. 102 (42 U.S.C. 4332); Energy Reorganization Act sec. 301 (42 U.S.C. 5871).

Sections 2.102, 2.103, 2.104, 2.105, 2.321 also issued under Atomic Energy Act secs. 102, 103, 104, 105, 183i, 189 (42 U.S.C. 2132, 2133, 2134, 2135, 2233, 2239). Sections 2.200–2.206 also issued under Atomic Energy Act secs. 161, 186, 234 (42 U.S.C. 2201 (b), (i), (o), 2236, 2282); sec. 206 (42 U.S.C. 5846). Section 2.205(j) also issued under Pub. L. 101–410, as amended by section 3100(s), Pub. L. 104–134 (28 U.S.C. 2461 note). Subpart C also issued under Atomic Energy Act sec. 189 (42 U.S.C. 2239). Section 2.301 also issued under 5 U.S.C. 554. Sections 2.343, 2.346, 2.712 also issued under 5 U.S.C. 557. Section 2.340 also issued under Nuclear Waste Policy Act secs. 135, 141, Pub. L. 97–425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 2.390 also issued under 5 U.S.C. 552. Sections 2.600–2.606 also issued under sec. 102 (42 U.S.C. 4332). Sections 2.800 and 2.808 also issued under 5 U.S.C. 553. Section 2.809 also issued under 5 U.S.C. 553; Atomic Energy Act sec. 29 (42 U.S.C. 2039). Subpart K also issued under Atomic Energy Act sec. 189 (42 U.S.C. 2239); Nuclear Waste Policy Act sec. 134 (42 U.S.C. 10154). Subpart L also issued under Atomic Energy Act sec. 189 (42 U.S.C. 2239). Subpart M also issued under Atomic Energy Act sec. 184, 189 (42 U.S.C. 2234, 2239). Subpart N also issued under Atomic Energy Act sec. 189 (42 U.S.C. 2239).

Source: 27 FR 377, Jan. 13, 1962, unless otherwise noted.

[72 FR 49478, Aug. 28, 2007; 72 FR 49148, Aug. 28, 2007; 72 FR 57440, Oct. 9, 2007; 73 FR 10980, Feb. 29, 2008; 73 FR 12631, Mar. 10, 2008; 73 FR 42671, July 23, 2008; 73 FR 63566, Oct. 24, 2008; 77 FR 39903, Jul. 6, 2012; 77 FR 39387, Jul. 3, 2012; 77 FR 46587, Aug. 3, 2012; 77 FR 51891, Aug. 28, 2012]

Page Last Reviewed/Updated Friday, November 14, 2014