[Code of Federal Regulations]
[Title 10, Volume 4]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR1800.12]

[Page 1035-1036]
 
                            TITLE 10--ENERGY
 
    CHAPTER XVIII--NORTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE 
                               COMMISSION
 
PART 1800_DECLARATION OF PARTY STATE ELIGIBILITY FOR NORTHEAST INTERSTATE LOW-
 
Sec.  1800.12  Procedures for declaring a state eligible for membership in the 

Compact.

    (a) Any state seeking to become an eligible state under the Compact 
shall submit to the Chairman of the Commission six copies of a petition 
to become an eligible state. The petition shall discuss each of the 
conditions specified in Sec.  1800.13 and shall:
    (1) Affirm that the petitioning state fully satisfies each 
condition; or
    (2) Explain why the petitioning state does not or cannot fully 
satisfy any particular condition.
    (b) Upon receipt of a petition from any state seeking to become an 
eligible state under the Compact, the Commission shall publish a notice 
in accordance with Article I.F.1. of the By Laws and shall initiate an 
adjudicatory proceeding to act on the petition. Any person may submit 
written comments on a petition, and all such comments must be received 
by the Commission within 30 days of notice that a petition has been 
submitted.
    (c) The Commission shall evaluate the petition against the 
conditions for declaration of an eligible state specified in Sec.  
1800.13. As part of the proceeding to evaluate a petition to become an 
eligible state, the Commission may, in its discretion, conduct a hearing 
pursuant to Article IV.i.(6) of the Compact and Article V.F.1. of the 
Commission's By-Laws. For good cause shown, the Commission may issue an 
order shortening the notice period for hearings provided in Article 
I.F.1. of the By Laws to a period of not less than ten days.
    (d) After review of the petition and after any hearing, if held, the 
Commission shall issue an order accepting or rejecting the petition or 
accepting the petition with conditions. If the Commission accepts the 
petition without conditions, the petitioning state shall be declared an 
eligible state and shall become a new party state upon passage of the 
Compact by its state legislature,

[[Page 1036]]

repeal of all statutes or statutory provisions that pose unreasonable 
impediments to the capability of the state to satisfy the conditions for 
eligibility (as determined by the Commission) and payment of (or 
arrangement to pay) the fee specified in Article IV.j.(1). If the 
Commission accepts the petition with conditions, the petitioning state 
may become an eligible state by satisfying all of the conditions in the 
Commission's order and providing an amended petition incorporating its 
compliance with all of the conditions in this subpart and in the 
Commission's order. The Commission will consider the amended petition as 
part of the original adjudicatory proceeding and will issue a new order 
accepting or rejecting the amended petition.
    (e) A state that submits a petition for declaration as an eligible 
state that is rejected by the Commission may submit a new petition at 
any time. The Commission will consider the new petition without 
reference to the prior petition but may use evidence obtained in any 
prior proceeding to evaluate the new petition.
    (f) The Commission's consideration of a petition for declaration of 
an eligible state shall be governed by the Compact, the Commission's By 
Laws, and this part.