Subpart L is a less formal hearing process that balances the need for
formal procedures and the expeditious resolution of contested matters.
Subpart L is the default track for adjudicatory proceedings and can also
be used upon mutual agreement of the parties in enforcement proceedings.
Subpart L hearings can take the form of either an oral hearing or a hearing
consisting of written comments. Subpart L proceedings require mandatory
disclosure at the discovery phase and generally limit cross-examination
by the parties. This guide is not a replacement for the procedural regulations
in 10 CFR Part 2. To the extent users rely on this guide, they do so at
their own risk.
Request
for Hearing/Petition to Intervene and Related Filings |
Action |
Deadline |
Notes |
Section |
Request for Hearing/Petition to Intervene |
If the Director issues notice of denial/proposed
denial of application, within 20 days from date of notice of denial/proposed
denial, or as specified in the notice.
If notice is published in the Federal Register, within
time specified (must be at least 60 days after publication) or,
if no time is specified, within 60 days of publication of the proposed
agency action or notice of hearing.
If a Federal Register notice is not published, not later than the
latest of 60 days, after publication of notice on the NRC's Web
site, http://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing-license-applications.html,
or 60 days after the requester received actual notice of a pending
application, but not more than 60 days after agency action on the
application. |
|
§ 2.103(b)(2) |
Include standing and contentions. |
§
2.309(a)—(b) |
|
§
2.309(a)—(b) |
Answer |
Filed within 25 days of request for hearing/petition to intervene. |
At a minimum, address factors in § 2.309(a)-(g). |
§
2.309(h)(1) |
Reply to Answers |
Filed within 7 days of answer to request for hearing/petition to
intervene. |
|
§
2.309(h)(2) |
Decision on Request for Hearing/Petition to Intervene |
Issued within 45 days of filing of answers or replies to answers
(absent Commission extension). |
|
§
2.309(i) |
NRC Actions |
Action |
Deadline |
Notes |
Section |
Regulatory Action |
Staff must notify the presiding officer and parties of any action
taken on the regulatory matter at issue, including the staff's position
on the matters in controversy. |
|
§
2.1202(a) |
Notification of NRC Party Status |
Within 15 days of order granting request for hearing/petition to
intervene. |
|
§
2.1202(b)(2) |
NRC Submits Hearing File |
Filed within 30 days of order granting request for hearing/petition
to intervene. |
|
§
2.1203(a)(1) |
Discover |
Action |
Deadline |
Notes |
Section |
Initial Mandatory Disclosures |
Made within 30 days of order granting request for hearing/petition
to intervene. |
Continuing duty of disclosure. |
§
2.336(a)-(b) |
Prehearing
Conference |
Action |
Deadline |
Notes |
Section |
Prehearing Conferences |
Required for certain proceedings; within 60 days of completion of
discovery. |
|
§§
2.319(j), 2.329(a) |
Objection to Prehearing Conference Order |
Within 5 days after service of prehearing conference order. |
|
§
2.329(e) |
Scheduling Order |
As soon as practicable. |
|
§
2.332 |
Summary
Disposition |
Action |
Deadline |
Notes |
Section |
Motions for Summary Disposition |
Must be submitted no later than 45 days before commencement of hearing. |
|
§
2.1205(a) |
Answer |
Filed within 20 days after service of the motion for summary disposition. |
|
§
2.1205(b) |
Determination on Summary Disposition |
Issued no later than 15 days before the scheduled commencement of
hearing. |
|
§
2.1205(c) |
Oral Hearing |
Action |
Deadline |
Notes |
Section |
Requests for Cross- Examination |
Granted only if the presiding officer determines that cross-examination
is necessary to ensure adequate development of the record. |
Includes cross-examination plan. |
§§
2.323, 2.1204(b) |
Written Initial Statements of Position and Testimony |
Date set by presiding officer. |
|
§
2.1207(a)(1) |
Written Responses and Rebuttal Testimony |
Within 20 days of service of written initial statements of position
and testimony. |
|
§
2.1207(a)(2) |
Proposed Questions for Presiding Officer to Consider |
Unless otherwise directed, within 20 days of service of initial
statements of position and testimony, unless that date is less than
5 days before scheduled commencement of oral hearing, in which case
no later than 5 days before the scheduled commencement of the hearing. |
|
§
2.1207(a)(3) |
Proposed Questions Directed to Rebuttal Testimony |
Unless otherwise directed, within 7 days after service of rebuttal
testimony submitted in (a) (2), unless that date is less than 5 days
before the scheduled commencement of the oral hearing, in which case,
no later than 5 days before the scheduled commencement of the hearing. |
|
§
2.1207(a)(3) |
Written
Presentation |
Action |
Deadline |
Notes |
Section |
Request for Written Presentation |
Within 15 days of service of order granting the request for hearing;
otherwise, the hearing will be oral. |
Requires joint motion and unanimous consent of parties. |
§
2.1206 |
Initial Written Statements of Position and Written Testimony
|
Date set by presiding officer. |
|
§
2.1208(a)(1) |
Written Responses, Rebuttal Testimony, and Proposed
Written Questions |
Unless otherwise directed, within 20 days of service of initial
written statements of position and written testimony. |
|
§
2.1208(a)(2) |
Written Questions on Written Responses and Rebuttal
Testimony |
Unless otherwise directed, within 7 days of service of the written
responses and rebuttal testimony in (a) (2). |
|
§
2.1208(a)(3) |
Written Concluding Statements of Position on the Contentions |
Unless otherwise directed, within 20 days of service of written
response to the presiding officer's questions or, in the absence of
questions from the presiding officer, within 20 days of service of
the written responses and rebuttal testimony in (a) (2). |
|
§
2.1208(a)(4) |
Findings
and Initial Decision |
Action |
Deadline |
Notes |
Section |
File Proposed Findings |
Unless otherwise directed, within 30 days of the close of either
an oral or written hearing. |
|
§
2.1209 |
Initial Decision Issued |
Unless Commission directs the record to be certified per §
2.1210(b), the presiding officer shall render an initial decision
after completion of a Subpart L hearing. That decision constitutes
the Commission's final action 40 days after date of issuance unless
(i) a party files a petition for Commission review, (ii) the initial
decision is inconsistent with the staff's action, or (iii) the Commission
takes review sua sponte. |
In writing and based only upon information in the record or facts
officially noticed. |
§§
2.1210(a), 2.340(b)
|
Motions,
Stays, and Requests for Reconsideration |
Action |
Deadline |
Notes |
Section |
Motions (generally) |
No later than 10 days after the occurrence or circumstance from
which the motion arises. |
Includes requests for cross- examination; certifies efforts to resolve
issue with other parties. |
§§
2.323(a) 2.1204 |
Answers to Motions |
Within 10 days of service of written motion. |
|
§
2.323(c) |
Motion for Reconsideration |
Within 10 days of action for which reconsideration is requested. |
Concise; 10 page limit |
§
2.323(e) |
Stay Petition for Reconsideration |
Within 5 days of issuance of notice of NRC staff's action on matter
involved in a hearing;
Within 10 days of service of a decision or action of a presiding
officer. |
Concise; 10 page limit, exclusive of affidavits. |
§
2.1213(a),
§§
2.342(a),
2.345(a)(1) |
Answer Supporting Stay Petition for Reconsideration |
Within 10 days of service of an application for stay or motion for
reconsideration. |
Concise; 10 page limit, exclusive of affidavits. |
§§
2.1213(c), 2.342(d),
2.345(b) |
Appellate
Review |
Action |
Deadline |
Notes |
Section |
Interlocutory Appeals |
Within 10 days of an order on a request for hearing/petition to
intervene.
Within 10 days of an order selecting a hearing procedure. |
|
§
2.311(a)
§
2.311(d) |
Opposition to Interlocutory Appeal |
Within 10 days of service of the appeal. |
|
§
2.311(a) |
Appeal From Full/Partial Initial Decision |
Within 15 days of service of a full/partial decision of a presiding
officer. |
Concise; 25 page limit. |
§
2.341(b)(1) |
Answer |
Within 10 days of service of a petition for review. |
Concise; 25 page limit. |
§
2.341(b)(3) |
Reply to Answer |
Within 5 days of service of any answer. |
Concise; 5 page limit. |
§
2.341(b)(3) |
Commission Decision on Stay of Immediate Effectiveness
Commission
Sua Sponte Review |
Within 60 days of service of presiding officer decision that otherwise
authorizes issuance of a construction permit. Immediate effectiveness
review for operating licenses within 30 days of receipt of presiding
officer's decision.
Within 40 days after the date of the decision or action by presiding
officer, or within 40 days after service of a petition for review,
whichever is greater. |
|
§
2.340(f) §
2.340(g)
§
2.341(a)(2) |