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PART 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERSNote: 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
Sec. 2.8 Information collection requirements: OMB approval. Subpart A—Procedure for Issuance, Amendment, Transfer, or Renewal of a License, and Standard Design Approval2.102 Administrative review of application. Hearing on Application--How Initiated 2.105 Notice of proposed action. 2.107 Withdrawal of application. 2.108 Denial of application for failure to supply information. 2.109 Effect of timely renewal application. 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 Penalties2.203 Settlement and compromise. 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 Hearings2.304 Formal requirements for documents; signatures; acceptance for filing. 2.305 Service of documents; methods; proof. 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. 2.313 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. 2.321 Atomic Safety and Licensing Boards. 2.322 Special assistants to the presiding officer. 2.327 Official recording; transcript. 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. 2.338 Settlement of issues; alternative dispute resolution. 2.339 Expedited decisionmaking procedure. 2.341 Review of decisions and actions of a presiding officer. 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 Sites2.402 Separate hearings on separate issues; consolidation of proceedings. 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 ProceedingsSubpart 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 Authorizations2.601 Applicability of other sections. Early Partial Decisions on Site Suitability—Construction Permit 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 2.625 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 2.643 Acceptance and docketing of application for limited work authorization. 2.649 Partial decisions on limited work authorization. Subpart G--Rules for Formal Adjudications2.704 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. 2.709 Discovery against NRC staff. 2.710 Motions for summary disposition. 2.712 Proposed findings and conclusions. 2.713 Initial decision and its effect. Subpart H--Rulemaking2.800 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. 2.808 Authority of the Secretary to rule on procedural matters. 2.809 Participation by the Advisory Committee on Reactor Safeguards. 2.811 Filing of standard design certification application; required copies. 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 Information2.903 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. 2.907 Notice of intent to introduce restricted data or 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 Repository2.1003 Availability of material. 2.1004 Amendments and additions. 2.1010 Pre-license application presiding officer. 2.1011 Management of electronic information. 2.1013 Use of the electronic docket during the proceeding. 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. Subpart K--Hybrid Hearing Procedures for Expansion of Spent Nuclear Fuel Storage Capacity at Civilian Nuclear Power Reactors2.1107 Notice of proposed action. 2.1109 Requests for oral argument. 2.1115 Designation of issues for adjudicatory hearing. 2.1119 Applicability of other sections. Subpart L--Informal Hearing Procedures for NRC Adjudications2.1202 Authority and role of NRC staff. 2.1203 Hearing file; prohibition on discovery. 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 Applications2.1301 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. 2.1309 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. 2.1320 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. 2.1327 Application for a stay of the effectiveness of NRC staff action on license transfer. Subpart N--Expedited Proceedings with Oral Hearings2.1400 Purpose and scope of subpart N. 2.1402 General procedures and limitations; requests for other procedures. 2.1403 Authority and role of the NRC staff. 2.1406 Initial decision--issuance and effectiveness. 2.1407 Appeal and Commission review of initial decision. Subpart O--Legislative Hearings2.1502 Commission decision to hold legislative hearing. 2.1503 Authority of presiding officer. 2.1504 Request to participate in legislative hearing. 2.1506 Written statements and submission of information. 2.1508 Recommendation of presiding officer. 2.1509 Ex parte communications and separation of functions. Appendix A to Part 2--[Reserved] Appendix C to Part 2--[Reserved] Authority: Secs.161, 181, 68 Stat. 948, 953, as amended (42 U.S.C. 2201, 2231); sec. 191, as amended, Pub. L. 87–615, 76 Stat. 409 (42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); 5 U.S.C. 552; sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). Section 2.101 also issued under secs. 53,
62, 63, 81, 103, 104, 68 Stat. 930, 932, 933,
935, 936, 937, 938, as amended (42 U.S.C.
2073, 2092, 2093, 2111, 2133, 2134, 2135);
sec. 114(f), Pub. L. 97–425, 96 Stat. 2213, as Sections 2.102, 2.103, 2.104, 2.105, 2.721
also issued under secs. 102, 103, 104, 105,
183i, 189, 68 Stat. 936, 937, 938, 954, 955,
as amended (42 U.S.C. 2132, 2133, 2134,
2135, 2233, 2239). Section 2.105 also issued
under Pub. L. 97–415, 96 Stat. 2073 (42
U.S.C. 2239). Sections 2.200–2.206 also
issued under secs. 161b, i, o, 182, 186, 234, Subpart L also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239). Subpart M also issued under sec. 184 (42 U.S.C. 2234) and sec. 189, 68 Stat. 955 (42 U.S.C. 2239). Appendix A also issued under sec. 6, Pub. L. 91–550, 84 Stat. 1473 (42 U.S.C. 2135). 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] § 2.1 Scope.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. [56 FR 40684, Aug. 15, 1991; 72 FR 49470, Aug. 28, 2007] § 2.1 Scope.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. [56 FR 40684, Aug. 15, 1991; 72 FR 49470, Aug. 28, 2007] § 2.2 Subparts.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. [69 FR 2233, Jan. 14, 2004] § 2.3 Resolution of conflict.(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. [27 FR 377, Jan. 13, 1962, as amended at 28 FR 10152, Sept. 17, 1963; 69 FR 2233, Jan. 14, 2004] § 2.4 Definitions.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 pursuant to section 11 of the Administrative Procedure Act 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 Associate General Counsel for Licensing and Regulation, 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 proceeding means— (1) A proceeding in which there is a controversy between the NRC staff and the applicant for a license or permit concerning the issuance of the license or permit or any of the terms or conditions thereof; (2) A proceeding in which the NRC is imposing a civil penalty or other enforcement action, and the subject of the civil penalty or enforcement action is an applicant for or holder of a license or permit, or is or was an applicant for a standard design certification under part 52 of this chapter; and (3) A proceeding in which a petition
for leave to intervene in opposition to an application for a license or permit Department means the Department of Energy established by the Department of Energy Organization Act (Pub. L. 95 - 91, 91 Stat. 565 42 U.S.C. 7101 et seq.) to the extent that the Department, or its duly authorized representatives, exercises functions formerly vested in the U.S. Atomic Energy Commission, its Chairman, members, officers and components and transferred to the U.S. Energy Research and Development Administration and to the Administrator thereof pursuant to sections 104 (b), (c) and (d) of the Energy Reorganization Act of 1974 (Pub. L. 93 - 438, 88 Stat. 1233 at 1237, 42 U.S.C. 5814) and retransferred to the Secretary of Energy pursuant to section 301(a) of the Department of Energy Organization Act (Pub. L. 95 - 91, 91 Stat. 565 at 577 - 578, 42 U.S.C. 7151). Digital ID certificate means a file
stored on a participant's computer that
contains the participant's name, e-mail Electric utility means any entity that generates or distributes electricity and which recovers the costs of this electricity, either directly or indirectly through rates established by the entity itself or by a separate regulatory authority. Investor-owned utilities including generation or distribution subsidiaries, public utility districts, municipalities, rural electric cooperatives, and State and Federal agencies, including associations of any of the foregoing, are included within the meaning of "electric utility." Electronic acknowledgment means a communication transmitted electronically from the E-Filing system to the submitter confirming receipt of electronic filing and service. Electronic Hearing Docket means the publicly available Web site which houses a visual presentation of the docket and a link to its files. E-Filing System means an electronic system that receives, stores, and distributes documents filed in proceedings for which an electronic hearing docket has been established. Ex parte communication means an oral or written communication not on the public record with respect to which reasonable prior notice to all parties is not given. Facility means a production facility or a utilization facility as defined in § 50.2 of this chapter. Guidance for Electronic Submissions
to the NRC means the document issued
by the Commission that sets forth the Investigative or litigating function means -- (1) Personal participation in planning, conducting, or supervising an investigation; or (2) Personal participation in planning, developing, or presenting, or in supervising the planning, development or presentation of testimony, argument, or strategy in a proceeding. License means a license, including an
early site permit, construction permit,
operating license, combined license, Licensee means a person who is authorized to conduct activities under a license. NRC personnel means: (1) NRC employees; (2) For the purpose of §§ 2.336, 2.702, 2.709 and 2.1018 only, persons acting in the capacity of consultants to the Commission, regardless of the form of the contractual arrangements under which such persons act as consultants to the Commission; and (3) Members of advisory boards, committees, and panels of the NRC; members of boards designated by the Commission to preside at adjudicatory proceedings; and officers or employees of Government agencies, including military personnel, assigned to duty at the NRC. NRC Public Document Room means the facility at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, where certain public records of the NRC that were made available for public inspection in paper or microfiche prior to the implementation of the NRC Agencywide Documents Access and Management System, commonly referred to as ADAMS, will remain available for public inspection. It is also the place where NRC makes computer terminals available to access Publicly Available Records System (PARS) component of ADAMS on the NRC Web site, http://www.nrc.gov, and where copies of publicly available documents can be viewed or ordered for a fee as set forth in § 9.35 of this chapter. The facility is staffed with reference librarians to assist the public in identifying and locating documents and in using the NRC Web site and ADAMS. The NRC Public Document Room is open from 7:45 am to 4:15 pm, Monday through Friday, except on Federal holidays. Reference service and access to documents may also be requested by telephone (301-415-4737 or 800-397-4209) between 8:30 am and 4:15 pm, or by e-mail (PDR@nrc.gov), facsimile (301-415-3548), or letter (NRC Public Document Room, One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland 20852-2738). . NRC records and documents means any book, paper, map, photograph, brochure, punch card, magnetic tape, paper tape, sound recording, pamphlet, slide, motion picture, or other documentary material regardless of form or characteristics, made by, in the possession of, or under the control of the NRC pursuant to Federal law or in connection with the transaction of public business as evidence of NRC organization, functions, policies, decisions, procedures, operations, programs or other activities. "NRC records and documents" do not include objects or articles such as structures, furniture, tangible exhibits or models, or vehicles and equipment. NRC Web site, http://www.nrc.gov, is the Internet uniform resource locator name for the Internet address of the Web site where NRC will ordinarily make available its public records for inspection. Optical Storage Media means any physical computer component that meets E-Filing Guidance standards for storing, saving, and accessing electronic documents. Participant means an individual or
organization that has petitioned to
intervene in a proceeding or requested
a hearing but that has not yet been
granted party status by an Atomic Safety
and Licensing Board or other presiding
officer. Participant also means a party to
a proceeding and any interested State,
local governmental body, or affected
Federally-recognized Indian Tribe that
seeks to participate in a proceeding
under § 2.315(c). For the purpose of Person means (1) any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, government agency other than the Commission or the Department, except that the Department shall be considered a person with respect to those facilities of the Department specified in section 202 of the Energy Reorganization Act of 1974 (88 Stat. 1244), any State or any political subdivision of, or any political entity within a State, any foreign government or nation or any political subdivision of any such government or nation, or other entity; and (2) any legal successor, representative, agent, or agency of the foregoing. Potential party means any person who has requested, or who may intend to request, a hearing or petition to intervene in a hearing under 10 CFR part 2, other than hearings conducted under Subparts J and M of 10 CFR part 2. Presiding officer means the Commission, an administrative law judge, an administrative judge, an Atomic Safety and Licensing Board, or other person designated in accordance with the provisions of this part, presiding over the conduct of a hearing conducted under the provisions of this part. Public Document Room means the place at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland 20852-2738, at which public records of the Commission will ordinarily be made available for inspection. Secretary means the Secretary to the Commission. Except as redefined in this section, words and phrases which are defined in the Act and in this chapter have the same meaning when used in this part. [27 FR 377, Jan. 13, 1962; 72 FR 49470, Aug. 28, 2007; 72 FR 49149, Aug. 28, 2007; 72 FR 64529, Nov. 16, 2007; 73 FR 12631, Mar. 10, 2008] Editorial Note: For Federal Register citations affecting § 2.4, see the List of Sections Affected in the Finding Aids section of this volume. § 2.8 Information collection requirements: OMB approval.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.). [61 FR 43408, Aug. 22, 1996] Subpart A—Procedure for Issuance, Amendment, Transfer, or Renewal of a License, and Standard Design Approval§ 2.100 Scope of subpart.This subpart prescribes the procedure
for issuance of a license; amendment of
a license at the request of the licensee; [69 FR 2234, Jan. 14, 2004; 72 FR 49470, Aug. 28, 2007] § 2.101 Filing of application.(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 New Reactors, the Director, Office of Nuclear Reactor Regulation, the Director, Office of Nuclear Material Safety and Safeguards, or the Director, Office of Federal and State Materials and Environmental Management Programs, 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 (3) If the Director, Office of Nuclear
Reactor Regulation, Director, Office of
New Reactors, Director, Office of
Federal and State Materials and
Environmental Management Program, 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 utilization
facility, and/or any environmental
report required pursuant to subpart A of
part 51 of this chapter, or part thereof
as provided in paragraphs (a)(5) or
(a–1) of this section are complete and
acceptable for docketing, a docket (i) Submit to the Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, Director, Office of Federal and State Materials and Environmental Management Programs, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, such additional copies as the regulations in part 50 and subpart A of part 51 of this chapter require; (ii) Serve a copy on the chief
executive of the municipality in which
the facility or site which is the subject
of an early site permit is to be located
or, if the facility or site which is the
subject of an early site permit is not to
be located within a municipality, on the
chief executive of the county, and serve
a notice of availability of the application
or environmental report on the chief
executives of the municipalities or
counties which have been identified in
the application or environmental report
as the location of all or part of the
alternative sites, containing as
applicable, the docket number of the
application; a brief description of the
proposed site and facility; the location
of the site and facility as primarily
proposed and alternatively listed; the
name, address, telephone number, and
e-mail address (if available) of the
applicant's representative who may be
contacted for further information;
notification that a draft environmental
impact statement will be issued by the
Commission and will be made available
upon request to the Commission; and
notification that if a request is received
from the appropriate chief executive,
the applicant will transmit a copy of the
application and environmental report,
and any changes to these documents
which affect the alternative site
location, to the executive who makes
the request. In complying with the
requirements of this paragraph, the
applicant should not make public
distribution of those parts of the
application subject to § 2.390(d). The
applicant shall submit to the Director,
Office of New Reactors or Director,
Office of Nuclear Reactor Regulation, as (iii) Make direct distribution of
additional copies to Federal, State, and
local officials in accordance with the (4) The tendered application for a construction permit, operating license, early site permit, standard design approval, combined license, or manufacturing license will be formally docketed upon receipt by the Director, Office of New Reactors, Director, Office of Nuclear Reactor Regulation, Director, Office of Federal and State Materials and Environmental Management Programs, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, of the required additional copies. Distribution of the additional copies shall be deemed to be complete as of the time the copies are deposited in the mail or with a carrier prepaid for delivery to the designated addresses. The date of docketing shall be the date when the required copies are received by the Director, Office of New Reactors, Director, Office of Nuclear Reactor Regulation, Director, Office of Federal and State Materials and Environmental Management Programs, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate. Within 10 days after docketing, the applicant shall submit to the Director, Office of New Reactors, Director, Office of Nuclear Reactor Regulation, Director, Office of Federal and State Materials and Environmental Programs, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, an affidavit that distribution of the additional copies to Federal, State, and local officials has been completed in accordance with requirements of this chapter and written instructions furnished to the applicant by the Director, Office of New Reactors, Director, Office of Nuclear Reactor Regulation, Director, Office of Federal and State Materials and Environmental Management Programs, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate. Amendments to the application and environmental report shall be filed and distributed and an affidavit shall be furnished to the Director, Office of New Reactors, Director, Office of Nuclear Reactor Regulation, Director, Office of Federal and State Materials and Environmental Management Programs, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, in the same manner as for the initial application and environmental report. If it is determined that all or any part of the tendered application and/or environmental report is incomplete and therefore not acceptable for processing, the applicant will be informed of this determination, and the respects in which the document is deficient. (5) An applicant for a construction
permit under part 50 of this chapter or
a combined license under part 52 of this (6) [Reserved] (7) [Reserved] (8) [Reserved] (9) An applicant for a construction permit for a utilization facility which is subject to § 51.20(b) of this chapter and is of the type specified in § 50.21(b)(2) or (b)(3) or § 50.22 of this chapter, an applicant for or holder of an early site permit under part 52 of this chapter, or an applicant for a combined license under part 52 of this chapter, who seeks to conduct the activities authorized under § 50.10(d) of this chapter may submit a complete application under paragraphs (a)(1) through (a)(4) of this section which includes the information required by § 50.10(d) of this chapter. Alternatively, the applicant (other than an applicant for or holder of an early site permit) may submit its application in two parts: (i) Part one must include the information required by § 50.33(a) through (f) of this chapter, and the information required by § 50.10(d)(2) and (d)(3) of this chapter. (ii) Part two must include the
remaining information required by the
Commission's regulations in this
chapter which was not submitted in part
one, provided, however, that this
information may be submitted in
accordance with the applicable
provisions of paragraph (a)(5) of this
section, or, for a construction permit
applicant, paragraph (a)(1) of this (a–1) Early consideration of site
suitability issues. An applicant for a construction permit under part 50 of
this chapter or a combined license
under part 52 of this chapter for a
utilization facility which is subject to § 51.20(b) of this chapter and is of the
type specified in § 50.21(b)(2) or (3) or § 50.22 of this chapter or is a testing
facility, may request that the (1) Construction permit. The applicant for the construction permit may submit the information required of applicants by the provisions of this chapter in three parts: (i) Part one shall include or be
accompanied by any information
required by §§ 50.34(a)(1) and 50.30(f) of
this chapter which relates to the issue(s)
of site suitability for which an early
review, hearing, and partial decision are
sought, except that information with
respect to operation of the facility at the
projected initial power level need not be (A) Proposed findings on the issues of
site suitability on which the applicant
has requested review and a statement of (B) A range of postulated facility
design and operation parameters that is
sufficient to enable the Commission to (C) Information concerning the applicant's site selection process and long-range plans for ultimate development of the site required by § 2.603(b)(1). (ii) Part two shall include or be accompanied by the remaining information required by §§ 50.30(f), 50.33, and 50.34(a)(1) of this chapter. (iii) Part three shall include the remaining information required by §§ 50.34a and (in the case of a nuclear power reactor) 50.34(a) of this chapter. (iv) The information required for part
two or part three shall be submitted
during the period the partial decision on (2) Combined license under part 52. An applicant for a combined license under part 52 of this chapter may submit the information required of applicants by the provisions of this chapter in three parts: (i) Part one shall include or be
accompanied by any information
required by §§ 52.79(a)(1) and 50.30(f) of
this chapter which relates to the issue(s)
of site suitability for which an early
review, hearing, and partial decision are
sought, except that information with
respect to operation of the facility at the
projected initial power level need not be (A) Proposed findings on the issues of
site suitability on which the applicant
has requested review and a statement of (B) A range of postulated facility
design and operation parameters that is
sufficient to enable the Commission to (C) Information concerning the applicant's site selection process and long-range plans for ultimate development of the site required by § 2.621(b)(1). (ii) Part two shall include or be accompanied by the remaining information required by §§ 50.30(f), 50.33, and 52.79(a)(1) of this chapter. (iii) Part three shall include the remaining information required by §§ 52.79 and 52.80 of this chapter. (iv) The information required for part
two or part three shall be submitted
during the period the partial decision on (b) After the application has been
docketed each applicant for a license for
receipt of waste radioactive material
from other persons for the purpose of
commercial disposal by the waste
disposal licensee except applicants
under part 61 of this chapter, who must
comply with paragraph (g) of this
section, shall serve a copy of the
application and environmental report,
as appropriate, on the chief executive of
the municipality, in which the activity
is to be conducted or, if the activity is
not to be conducted within a
municipality on the chief executive of
the county, and serve a notice of (c) Upon receipt and acceptance for docketing of the required portions of the application dealing with radiological health and safety and environmental matters, notice of receipt will be published in the Federal Register including an appropriate notice of hearing. (1) The portion of the application filed contains the information requested by the Attorney General for the purpose of an antitrust review of the application as set forth in appendix L to part 50 of this chapter; (2) Upon receipt and acceptance for docketing of the remaining portions of the application dealing with radiological health and safety and environmental matters, notice of receipt will be published in the Federal Register including an appropriate notice of hearing; and (3) Any person who wishes to have his views on the antitrust matters of the application considered by the NRC and presented to the Attorney General for consideration should submit such views within sixty (60) days after publication of the notice announcing receipt and docketing of the antitrust information to the U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention: Chief, Policy Development and Technical Support Branch. (d) The Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, Director, Office of Federal and State Materials and Environmental Management Programs, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, will give notice of the docketing of the public health and safety, common defense and security, and environmental parts of an 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, except that for applications pursuant to part 61 of this chapter, paragraph (g) of this section applies to the Governor or other appropriate official of the State in which the facility is to be located or the activity is to be conducted and will publish in the Federal Register a notice of docketing of the application which states the purpose of the application and specifies the location at which the proposed activity would be conducted. (e)(1) Each application for construction authorization for a HLW repository at a geologic repository operations area pursuant to parts 60 or 63 of this chapter, and each 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, and any environmental impact statement required in connection therewith pursuant to subpart A of part 51 of this chapter shall be processed in accordance with the provisions of this paragraph. (2) To allow a determination as to whether the application is complete and acceptable for docketing, it will be initially treated as a tendered document, and a copy will be available for public inspection in the Commission's Public Document Room. Twenty copies shall be filed to enable this determination to be made. (3) If the Director, Office of Nuclear
Material Safety and Safeguards or
Director, Office of Federal and State
Materials and Environmental
Management Programs, as appropriate,
determines that the tendered document
is complete and acceptable for
docketing, a docket number will be
assigned and the applicant will be
notified of the determination. If it is
determined that all or any part of the
tendered document is incomplete and
therefore not acceptable for processing, (4) [Reserved] (5) If a tendered document is acceptable for docketing, the applicant will be requested to submit to the Director of Nuclear Material Safety and Safeguards such additional copies of the application and environmental impact statement as the regulations in part 60 or 63 and subpart A of part 51 of this chapter require; serve a copy of such application and environmental impact statement on the chief executive of the municipality in which the geologic repository operations area is to be located, or if the geologic repository operations area is not to be located within a municipality, on the chief executive of the county (or to the Tribal organization, if it is to be located within an Indian reservation); and make direct distribution of additional copies to Federal, State, Indian Tribe, and local officials in accordance with the requirements of this chapter, and written instructions from the Director of Nuclear Material Safety and Safeguards. All such copies shall be completely assembled documents, identified by docket number. Subsequently distributed amendments to the application, however, may include revised pages to previous submittals and, in such cases, the recipients are responsible for inserting the revised pages. (6) The tendered document will be
formally docketed upon receipt by the
Director, Office of Nuclear Material
Safety and Safeguards or Director, Office
of Federal and State Materials and
Environmental Management Programs,
as appropriate, of the required
additional copies. The date of docketing
shall be the date when the required
copies are received by the Director,
Office of Nuclear Material Safety and
Safeguards or Director, Office of Federal
and State Materials and Environmental
Management Programs, as appropriate.
Within ten (10) days after docketing, the (7) Amendments to the application
and supplements to the environmental
impact statement shall be filed and (8) The Director, Office of Nuclear
Material Safety and Safeguards or
Director, Office of Federal and State
Materials and Environmental
Management Programs, as appropriate,
will cause to be published in the
Federal Register a notice of docketing
which identifies the State and location
at which the proposed geologic
repository operations area would be (f) Each application for a license to receive radioactive waste from other persons for disposal under part 61 of this chapter and the accompanying environmental report shall be processed in accordance with the provisions of this paragraph. (1) To allow a determination as to whether the application or environmental report is complete and acceptable for docketing, it will be initially treated as a tendered document, and a copy will be available for public inspection in the Commission's Public Document Room, One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland 20852-2738. (i) Upon receipt of a tendered application, the Commission will publish in the Federal Register notice of the filed application and will notify the governors, legislatures and other appropriate State, county, and municipal officials and tribal governing bodies of the States and areas containing or potentially affected by the activities at the proposed site and the alternative sites. The Commission will inform these officials that the Commission staff will be available for consultation pursuant to § 61.71 of this chapter. The Federal Register notice will note the opportunity for interested persons to submit views and comments on the tendered application for consideration by the Commission and applicant. The Commission will also notify the U.S. Bureau of Indian Affairs when tribal governing bodies are notified. (ii) The Commission will also post a public notice in a newspaper or newspapers of general circulation in the affected States and areas summarizing information contained in the applicant's tendered application and noting the opportunity to submit views and comments. (iii) When the Director, Office of
Nuclear Material Safety and Safeguards
or Director, Office of Federal and State (2)(i) With respect to any tendered document that is acceptable for docketing, the applicant will be requested to: (A) Submit to the Director, Office of
Nuclear Material Safety and Safeguards
or Director, Office of Federal and State (B) Serve a copy on the chief executive of the municipality in which the waste is to be disposed of or, if the waste is not to be disposed of within a municipality, serve a copy on the chief executive of the county in which the waste is to be disposed of; (C) Make direct distribution of additional copies to Federal, State, Indian Tribal, and local officials in accordance with the requirements of this chapter and written instructions from the Director, Office of Nuclear Material Safety and Safeguards or Director, Office of Federal and State Materials and Environmental Management Programs, as appropriate; and (D) Serve a notice of availability of the application and environmental report on the chief executives or governing bodies of the municipalities or counties which have been identified in the application and environmental report as the location of all or part of the alternative sites if copies are not distributed under paragraph (g)(2)(i)(C) of this section to the executives or bodies. (ii) All distributed copies shall be completely assembled documents identified by docket number. However, subsequently distributed amendments may include revised pages to previous submittals and, in such cases, the recipients will be responsible for inserting the revised pages. In complying with the requirements of paragraph (g) of this section the applicant may not make public distribution of those parts of the application subject to § 2.390(d). (3) The tendered document will be
formally docketed upon receipt by the
Director, Office of Nuclear Material
Safety and Safeguards or Director, Office
of Federal and State Materials and
Environmental Management Programs,
as appropriate, of the required
additional copies. Distribution of the
additional copies shall be deemed to be
complete as of the time the copies are
deposited in the mail or with a carrier
prepaid for delivery to the designated
addressees. The date of docketing shall
be the date when the required copies are
received by the Director, Office of
Nuclear Material Safety and Safeguards
or Director, Office of Federal and State
Materials and Environmental
Management Programs, as appropriate.
Within ten (10) days after docketing, the
applicant shall submit to the Director,
Office of Nuclear Material Safety and
Safeguards or Director, Office of Federal
and State Materials and Environmental (4) Amendments to the application
and environmental report shall be filed
and distributed and a written statement (5) The Director, Office of Nuclear Material Safety and Safeguards or Director, Office of Federal and State Materials and Environmental Management Programs, as appropriate, will cause to be published in the Federal Register a notice of docketing which identifies the State and location of the proposed waste disposal facility and will give notice of docketing to the governor of that State and other officials listed in paragraph (g)(3) of this section and, in a reasonable period thereafter, publish in the Federal Register a notice pursuant to § 2.105 offering opportunity to request a hearing to the applicant and other affected persons. [41 FR 15833, Apr. 15, 1976; 41 FR 16793, Apr. 22, 1976, as amended at 42 FR 22885, May 5, 1977; 43 FR 46293, Oct. 6, 1978; 44 FR 60716, Oct. 22, 1979; 46 FR 13976, Feb. 25, 1981; 47 FR 9985, Mar. 9, 1982; 47 FR 57477, Dec. 27, 1982; 49 FR 9399, Mar. 12, 1984; 52 FR 31608, Aug. 21, 1987; 53 FR 43419, Oct. 27, 1988; 54 FR 27869, July 3, 1989 63 FR 66730, Dec 3, 1998; 64 FR 48947, Sept. 9, 1999; 65 FR 44659, July 19, 2000; 66 FR 55787, Nov. 2. 2001; 67 FR 67098, Nov. 4, 2002; 69 FR 2234, Jan. 14, 2004; 70 FR 61887, Oct. 27, 2005; 72 FR 49470, Aug. 28, 2007; 72 FR 57438, Oct. 9, 2007; 73 FR 5713, Jan. 31, 2008] § 2.102 Administrative review of application.(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 (b) The Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, Director, Office of Federal and State Materials and Environmental Management Programs, 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 he 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, Director, Office of New Reactors, Director, Office of Federal and State Materials and Environmental Management Programs, 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. [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 2234, 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] § 2.103 Action on applications for byproduct, source, special nuclear material, facility and operator licenses.(a) If the Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, Director, Office of Federal and State Materials and Environmental Management Programs, 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, he 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, Director, Office of New Reactors, Director, Office of Nuclear Material Safety and Safeguards, or Director, Office of Federal and State Materials and Environmental Management Programs, as appropriate, will inform the State, Tribal and local officials specified in § 2.104(e) 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, Director, Office of New Reactors, Director, Office of Federal and State Materials and Environmental Management Programs, 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 he 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. [28 FR 10152, Sept. 17, 1963, as amended at 47 FR 57478, Dec. 27, 1982; 66 FR 55787, Nov. 2, 2001 as amended at 69 FR 2235, Jan. 14, 2004; 73 FR 5715, Jan. 31, 2008] Hearing on Application--How Initiated§ 2.104 Notice of hearing.(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 (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 for hearing or petitions to intervene must be filed; (5) The presiding officer designated
for the hearing, or the procedure that the
Commission will use to designate a (c)(1) The Secretary will transmit a
notice of hearing on an application for
a license for a production or utilization
facility, including a limited work
authorization, early site permit,
combined license, but not for a
manufacturing license, for a license for
receipt of waste radioactive material
from other persons for the purpose of
commercial disposal by the waste
disposal licensee, for a license under
part 61 of this chapter, for a
construction authorization for a high-level (2) The Secretary will transmit a notice of hearing on an application for a license under part 72 of this chapter to acquire, receive or possess spent fuel, high-level radioactive waste or radioactive material associated with high-level radioactive waste for the purpose of storage in a monitored retrievable storage installation (MRS) to the same persons who received the notice of docketing under § 72.16(e) of this chapter. [27 FR 377, Jan. 13, 1962; 72 FR 49472, Aug. 28, 2007; 72 FR 57439, Oct. 9, 2007] 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 § 2.105 Notice of proposed action.(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, either a notice of intended operation under § 52.103(a) of this chapter and a proposed finding that inspections, tests, analysis, 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 or amendment would authorize actions which may significantly affect the health and safety of the public; (6) An amendment to a construction authorization for a high-level radioactive waste at a geologic repository operations area pursuant to parts 60 or 63 of this chapter, when such an amendment would authorize actions which may significantly affect the health and safety of the public; (7) A license under part 72 of this chapter to acquire, receive or possess spent fuel for the purpose of storage in an independent spent fuel storage installation (ISFSI) or to acquire, receive or possess spent fuel, high-level radioactive waste or radioactive material associated with high-level radioactive waste for the purpose of storage in a monitored retrievable storage installation (MRS); (8) An amendment to a license specified in paragraph (a)(7) of this section when such an amendment presents a genuine issue as to whether the health and safety of the public will be significantly affected; or (9) Any other license or amendment as to which the Commission determines that an opportunity for a public hearing should be afforded; (10) In the case of an application for an operating license for a facility of a type described in § 50.21(b) or § 50.22 of this chapter or a testing facility, a notice of opportunity for hearing shall be issued as soon as practicable after the application has been docketed; or (11) In the case of an application for a license to receive and possess high-level radioactive waste at a geologic repository operations area, a notice of opportunity for hearing, as required by this paragraph, shall be published prior to Commission action authorizing receipt of such wastes; this requirement is in addition to the procedures set out in §§ 2.101(f)(8) and 2.104 of this part, which provide for a hearing on the application prior to issuance of a construction authorization. (12) An amendment to an early site permit issued under subpart A of part 52 of this chapter, as follows: (i) If the early site permit does not provide authority to conduct the activities allowed under § 50.10(e)(1) of this chapter, the amendment will involve no significant hazards consideration, and though the NRC will provide notice of opportunity for a hearing under this section, it may make the amendment immediately effective and grant a hearing thereafter; and (ii) If the early site permit provides
authority to conduct the activities
allowed under § 50.10(e)(1) and the (13) A manufacturing license under subpart F of part 52 of this chapter. (b) The notice of proposed action will set forth: (1) The nature of the action proposed; (2) The manner in which a copy of the safety analysis and of the ACRS report, if any, may be obtained or examined. (3) For a notice of intended operation under § 52.103(a) of this chapter, the following information: (i) The identification of the NRC action as making the finding required under § 52.103(g) of this chapter; (ii) The manner in which the licensee notifications under 10 CFR 52.99(c) which are required to be made available by 10 CFR 52.99(e)(2) may be obtained and examined; (iii) The manner in which copies of the safety analysis may be obtained and examined; and (iv) Any conditions, limitations, or
restrictions to be placed on the license
in connection with the finding under (c) If an application for a license is complete enough to permit all evaluations, other than completion inspection, necessary for the issuance of a construction permit and operating license, the notice of proposed issuance of a construction permit may provide that on completion of construction and inspection the operating license will be issued without further prior notice. (d) The notice of proposed action will provide that, within thirty (30) days from the date of publication of the notice in the Federal Register, or such lesser period authorized by law as the Commission may specify: (1) The applicant may file a request for a hearing; and (2) Any person whose interest may be affected by the proceeding may file a request for a hearing or a petition for leave to intervene if a hearing has already been requested. (e)(1) If no request for a hearing or petition for leave to intervene is filed within the time prescribed in the notice, the Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, Director, Office of Federal and State Materials and Environmental Management Programs, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, may take the proposed action, inform the appropriate State and local officials, and publish in the Federal Register a notice of issuance of the license or other action. (2) If a request for a hearing or a petition for leave to intervene is filed within the time prescribed in the notice, the presiding officer who shall be an Atomic Safety and Licensing Board established by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition, and the Secretary or the presiding officer will issue a notice of hearing or an appropriate order.[27 FR 377, Jan. 13, 1962; 72 FR 49473, Aug. 28, 2007; 73 FR 5715, Jan. 31, 2008] Editorial Note: For additional Federal Register citations affecting § 2.105, see the List of CFR Sections Affected in the Finding Aids section of this volume. § 2.106 Notice of issuance.(a) The Director, Office of New
Reactors, 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(e) and (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. (3) A finding that the application for the license or amendment 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(e) 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 Director of Nuclear Material Safety and Safeguards will also cause to be published in the Federal Register notice of, and will inform the State and local officials or tribal governing body specified in § 2.104(e) of any licensing action with respect to a license to receive radioactive waste from other persons for disposal under part 61 of this chapter or the amendment of such a license for which a notice of proposed action has been previously published. [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] § 2.107 Withdrawal of application.(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, Director, Office of New Reactors, 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. [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] § 2.108 Denial of application for failure to supply information.(a) The Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, 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, Director, Office of
New Reactors, 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 (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, Director, Office of New Reactors, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, under paragraph (a) of this section. [27 FR 377, Jan. 13, 1962, as amended at 39 FR 43195, Dec. 11, 1974; 69 FR 2236, Jan. 14, 2004; 73 FR 5716, Jan. 31, 2008] § 2.109 Effect of timely renewal application.(a) Except for the renewal of an
operating license for a nuclear power
plant under 10 CFR 50.21(b) or 50.22, an
early site permit under subpart A of part
52 of this chapter, a manufacturing
license under subpart F of part 52 of this (b) If the licensee of a nuclear power
plant licensed under 10 CFR 50.21(b) or
50.22 files a sufficient application for (c) If the holder of an early site permit
licensed under subpart A of part 52 of
this chapter files a sufficient application (d) If the licensee of a manufacturing
license under subpart F of part 52 of this
chapter files a sufficient application for [56 FR 64975, Dec. 13, 1991; 72 FR 49473, Aug. 28, 2007 ] § 2.110 Filing and administrative action on submittals for standard design approval or early review of site suitability issues(a)(1) A submittal for a standard
design approval under subpart E of part
52 of this chapter shall be subject to (2) Except as specifically provided
otherwise by the provisions of appendix
Q to parts 50 of this chapter, a submittal (b) Upon initiation of review by the
NRC staff of a submittal for an early
review of site suitability issues under (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 New Reactors or Director, Office of Nuclear Reactor Regulation, as appropriate 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 Federal
Register and shall make the report [40 FR 2976, Jan. 17, 1975, as amended at 42 FR 22885, May 5, 1977; 54 FR 15398, Apr. 18, 1989; 64 FR 48948, Sept. 9, 1999; 69 FR 2236, Jan. 14, 2004; 72 FR 49474, Aug. 28, 2007; 73 FR 5716, Jan. 31, 2008] § 2.111 Prohibition of sex discrimination.No person shall on the grounds of sex
be excluded from participation in, be
denied a license, standard design [40 FR 8777, Mar. 3, 1975; 72 FR 49474, Aug. 28, 2007] 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.(a) This subpart prescribes the procedures in cases initiated by the staff, or upon a request by any person, to impose requirements by order, or to modify, suspend, or revoke a license, or to take other action as may be proper, against any person subject to the jurisdiction of the Commission. However, with regard to the holder of a part 76 certificate of compliance or compliance plan, except for civil penalty procedures in this subpart, the applicable procedures are set forth in § 76.70 of this chapter. (b) This subpart also prescribes the procedures in cases initiated by the staff to impose civil penalties pursuant to section 234 of the Act and section 206 of the Energy Reorganization Act of 1974. [36 FR 16896, Aug. 26, 1971, as amended at 42 FR 28893, June 6, 1977; 48 FR 44172, Sept. 28, 1983; 62 FR 6668, Feb. 12, 1997] § 2.201 Notice of violation.(a) In response to an alleged violation of any provision of the Act or this chapter or the conditions of a license or an order issued by the Commission, the Commission may serve on the licensee or other person subject to the jurisdiction of the Commission a written notice of violation; a separate notice may be omitted if an order pursuant to § 2.202 or demand for information pursuant to § 2.204 is issued that otherwise identifies the apparent violation. The notice of violation will concisely state the alleged violation and may require that the licensee or other person submit, within 20 days of the date of the notice or other specified time, a written explanation or statement in reply if the Commission believes that the licensee has not already addressed all the issues contained in the notice of violation, including: (1) Corrective steps which have been taken by the licensee or other person and the results achieved; (2) Corrective steps which will be taken; and (3) The date when full compliance will be achieved. (b) The notice may require the licensee or other person subject to the jurisdiction of the Commission to admit or deny the violation and to state the reasons for the violation, if admitted. It may provide that, if an adequate reply is not received within the time specified in the notice, the Commission may issue an order or a demand for information as to why the license should not be modified, suspended or revoked or why such other action as may be proper should not be taken. [56 FR 40684, Aug. 15, 1991, as amended at 61 FR 43408, Aug. 22, 1996] § 2.202 Orders.(a) The Commission may institute a proceeding to modify, suspend, or revoke a license or to take such other action as may be proper by serving on the licensee or other person subject to the jurisdiction of the Commission an order that will: (1) Allege the violations with which the licensee or other person subject to the Commission's jurisdiction is charged, or the potentially hazardous conditions or other facts deemed to be sufficient ground for the proposed action, and specify the action proposed; (2) Provide that the licensee or other person must file a written answer to the order under oath or affirmation within twenty (20) days of its date, or such other time as may be specified in the order; (3) Inform the licensee or any other person adversely affected by the order of his or her right, within twenty (20) days of the date of the order, or such other time as may be specified in the order, to demand a hearing on all or part of the order, except in a case where the licensee or other person has consented in writing to the order; (4) Specify the issues for hearing; and (5) State the effective date of the order; if the Commission finds that the public health, safety, or interest so requires or that the violation or conduct causing the violation is willful, the order may provide, for stated reasons, that the proposed action be immediately effective pe |
