10 C.F.R. PART 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS


TITLE 10--Energy

CHAPTER I--NUCLEAR REGULATORY COMMISSION

PART 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS

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�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

�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.
�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 design review or early review of site suitability issues.
�2.111
Prohibition of sex discrimination.
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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.
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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; acceptance for filing.
�2.305
Service of papers, methods, proof.
�2.306
Computation of time.
�2.307
Extension and reduction of time limits.
�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 hearing/petitions to intervene and selection of hearing procedures.
�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 contested proceedings on applications for facility operating licenses; immediate effectiveness of initial decision directing issuance or amendment of construction permit or operating license.
�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.
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Subpart D--ADDITIONAL PROCEDURES APPLICABLE TO PROCEEDINGS FOR THE ISSUANCE OF LICENSES TO CONSTRUCT OR OPERATE NUCLEAR POWER PLANTS OF DUPLICATE DESIGN AT MULTIPLE SITES

�2.400
Scope of subpart.
�2.401
Notice of hearing on applications pursuant to appendix N of part 52 for construction permits.
�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 part 52.
�2.404
Hearings on applications for operating licenses pursuant to appendix N of part 52.
�2.405
Initial decisions in consolidated hearings.
�2.406
Finality of decisions on separate issues.
�2.407
Applicability of other sections.
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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 pursuant to appendix M of part 52 for a license to manufacture nuclear power reactors.
�2.502
Notice of hearing on application for a permit to construct a nuclear power reactor manufactured pursuant to a Commission license issued pursuant to appendix M of part 52 of this chapter at the site at which the reactor is to be operated.
�2.503
Finality of decisions on separate issues.
�2.504
Applicability of other sections.
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Subpart F--ADDITIONAL PROCEDURES APPLICABLE TO EARLY PARTIAL DECISIONS ON SITE SUITABILITY ISSUES IN CONNECTION WITH AN APPLICATION FOR A PERMIT TO CONSTRUCT CERTAIN UTILIZATION FACILITIES

�2.600
Scope of subpart.
�2.601
Applicability of other sections.
�2.602
Filing fees.
�2.603
Acceptance and docketing of application for early review of site suitability issues.
�2.604
Notice of hearing on application for early review of site suitability issues.
�2.605
Additional considerations.
�2.606
Partial decisions on site suitability issues.
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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.
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Subpart H--RULEMAKING

�2.800
Scope of rulemaking.
�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.
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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.
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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.
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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.
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Subpart L--INFORMAL 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.
�2.1211
Immediate effectiveness of initial decision directing issuance or amendment of licenses under part 61 of this chapter.
�2.1212
Petitions for Commission review of initial decisions.
�2.1213
Application for a stay.
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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.
�2.1304
Hearing procedures.
�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.
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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.
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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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