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§ 2.305 Service of documents; methods; proof.(a) Service of documents by the Commission. Except for subpoenas, the Commission shall serve all orders, decisions, notices, and other documents to all participants, by the same delivery method those participants use to file and accept service. (b) Who may be served. Any document required to be served upon a participant shall be served upon that person or upon the representative designated by the participant or by law to receive service of documents. When a participant has appeared by attorney, service shall be made upon the attorney of record. (c) Method of service accompanying a filing. Service must be made electronically to the E-Filing system. Upon an order from the Commission or presiding officer permitting alternative filing methods under § 2.302(g)(4), service may be made by personal delivery, courier, expedited delivery service, or by first-class, express, certified or registered mail. As to each participant that cannot serve electronically, the Commission or presiding officer shall require service by the most expeditious means permitted under this paragraph that are available to the participant, unless the Commission or presiding officer finds that this requirement would impose undue burden or expense on the participant. (1) Unless otherwise provided in this section, a participant will serve documents on the other participants by the same method by which those participants filed. (2) A participant granted an exemption under § 2.302(g)(2) will serve the presiding officer and the participants in the proceeding that filed electronically by physically delivering or mailing optical storage media containing the electronic document. (3) A participant granted an exemption under § 2.302(g)(3) will serve the presiding officer and the other participants in the proceeding by physically delivering or mailing a paper copy. (4) To provide proof of service, any paper served upon participants to the proceeding as may be required by law, rule, or order of the presiding officer must be accompanied by a signed certificate of service stating the names and addresses of the persons served as well as the method and date of service. (d) Method of service not
accompanying a filing. Service of
demonstrative evidence, e.g., maps and
other physical evidence, may be made
by first-class mail in all cases, unless the
presiding officer directs otherwise or the
participant desires to serve by a faster
method. In instances when service of a
document, such as a discovery
document under (e) Service on the Secretary. (1) All motions, briefs, pleadings, and other documents must be served on the Secretary of the Commission by the same or equivalent method, such as by electronic transmission or first-class mail, that they are served upon the presiding officer, so that the Secretary will receive the filing at approximately the same time that it is received by the presiding officer to which the filing is directed. (2) When pleadings are personally delivered to a presiding officer conducting proceedings outside the Washington, DC area, service on the Secretary may be accomplished electronically to the E-Filing system, as well as by courier, express mail, or expedited delivery service. (3) Service of demonstrative evidence
(e.g., maps and other physical exhibits)
on the Secretary of the Commission may (4) The addresses for the Secretary are: (i) Internet: The E-Filing system at http://www.nrc.gov. (ii) First-class mail: Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, Attention: Rulemakings and Adjudications Staff; and (iii) Courier, express mail, and expedited delivery services: Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemakings and Adjudications Staff. (f) When service is complete. Service upon a participant is complete: (1) By the E-Filing system, when filing electronically to the E-Filing system is considered complete under § 2.302(d). (2) By personal delivery, upon handing the document to the person, or leaving it at his or her office with that person's clerk or other person in charge or, if there is no one in charge, leaving it in a conspicuous place in the office, or if the office is closed or the person to be served has no office, leaving it at his or her usual place of residence with some person of suitable age and discretion then residing there; (3) By mail, upon deposit in the United States mail, properly stamped and addressed; (4) By expedited service, upon depositing the document with the provider of the expedited service; or (5) When service cannot be effected
by a method provided by paragraphs
(f)(1)–(4) of this section, by any other (6) When two or more methods of service are required, service is considered complete when service by each method is complete under paragraphs (f)(1)–(4) of this section. (g) Service on the NRC staff. (1) Service shall be made upon the
NRC staff of all documents required to
be filed with participants and the
presiding officer in all proceedings,
including those proceedings where the
NRC staff informs the presiding officer
of its determination not to participate as
a party. Service upon the NRC staff shall
be by the same or equivalent method as (2) If the NRC staff decides not to
participate as a party in a proceeding, it
shall, in its notification to the presiding [72 FR 49150, Aug. 28, 2007] |
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