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Electronic Code of Federal Regulations

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e-CFR Data is current as of April 14, 2014

TITLE 10—Energy

CHAPTER I—NUCLEAR REGULATORY COMMISSION

PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE

rule
§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.
rule

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.
rule

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.
rule

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.
rule

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.
§§2.502-2.504
[Reserved]
rule

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 a 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.
rule

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 inspections 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.
rule

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.
rule

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.
rule

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.
rule

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.
§2.1113
Oral argument.
§2.1115
Designation of issues for adjudicatory hearing.
§2.1117
Burden of proof.
§2.1119
Applicability of other sections.
rule

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.
rule

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.
§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 submission 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.
rule

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.
rule

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
Appendix A to Part 2 [Reserved]
Appendix
Appendix B to 10 CFR 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
Appendix C to Part 2 [Reserved]
Appendix
Appendix D to Part 2—Schedule for the Proceeding on Consideration of Construction Authorization for a High-Level Waste Geologic Repository.


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