Subpart G governs the conduct of "more formal" adjudications, including
enforcement proceedings initiated under subpart B of Part 2, unless otherwise
agreed to by the parties; proceedings conducted with respect to the initial
licensing of a uranium enrichment facility; certain proceedings for the
grant, renewal, licensee-initiated amendment, or termination of licenses
or permits for nuclear power reactors; proceedings for initial applications
for construction authorization for a high-level radioactive waste repository;
proceedings for initial applications for a license to receive and possess
high-level radioactive waste at a geologic repository; and any other proceedings
as ordered by the Commission. This guide is not a replacement for the
procedural regulations at 10 CFR Part 2. To the extent users rely on this
guide, they do so at their own risk.
Requests for Hearing/Petitions
to Intervene and Related Filings |
Action |
Deadline |
Notes |
Section(s) |
Request for Hearing |
Within 20 days of issuance of enforcement order, licensee or
the other person subject to the order files an answer to request
a hearing.
Before or concurrent with the filing of the answer requesting a
hearing, the licensee or other person subject to the order may file
a motion to set aside the immediate effectiveness of the order. |
|
§§
2.202(a) (2)—(3) §
2.202(c)(2) |
Petition to Intervene |
If a notice is published in the Federal Register, within
the specified time (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 notice is not published in the Federal Register,
not later than the latest of 60 days after publication of notice
on the NRC Web site, http://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing-license-applications.html,
or 60 days after the requester received the actual notice of a pending
application, but not more than 60 days after agency action on the
application. |
Include standing and contentions. |
§
2.309(a)—(b) |
Answer |
Filed within 25 days of request for hearing. |
Address factors in § 2.309(a)—(g). |
§
2.309(h)(1) |
Reply to Answers |
Filed within 7 days of answer to request for hearing. |
|
§
2.309(h)(2) |
Decision on Request for Hearing/Petition for Intervention |
Issued within 45 days of filing of answers or replies to answers
absent Commission extension. |
|
§
2.309(i) |
NRC Actions |
Action |
Deadline |
Notes |
Section |
NRC response to motion to set aside immediate effectiveness
of an order |
Within 5 days after receipt of motion to set aside the immediate
effectiveness of the order. |
|
§
2.202(c)(2) |
NRC Staff Discovery Disclosures |
Made within 30 days of order granting request for hearing. |
|
§
2.336(b) |
Discovery Against NRC Staff |
|
Requests must be filed with the presiding officer. |
§§
2.709, 2.390 |
Discovery
of Parties |
Action |
Deadline |
Notes |
Section |
Initial Mandatory Disclosures |
Made within 45 days of prehearing conference order. |
Names of individuals likely to have discoverable information and
documents or things relevant to disputed issues. Ongoing duty to supplement. |
§
2.704(a) |
Disclosure of Experts |
Made at least 90 days before commencement of the hearing. |
Accompanied by written report. |
§
2.704(b) |
Pretrial Disclosures |
Made at least 30 days before commencement of the hearing. |
Witnesses and documents or exhibits expected to be presented at
hearing. |
§
2.704(c) |
Additional Discovery Methods |
A party may not seek discovery before the parties have conferred
in the discovery meeting.
Within 10 days of service of written interrogatories on a deponent,
any party may serve cross-interrogatories.
Within 14 days of service of interrogatories on a party, the party
must serve answers and objections.
Within 30 days of service of a request for production of documents
or things or for permission to enter upon land, the party served
must serve a written response.
Within 10 days of service of a request for admission, the party
served must serve a response denying or objecting, or the admission
is considered to be made.
The parties may not seek discovery after the time limit established
in the scheduling order. |
Depositions upon oral examination and written interrogatories; interrogatories
to parties; production of documents or things or permission to enter
upon land or other property, for inspection and other purposes; and
requests for admission. |
§§
2.705—2.708 |
Discovery Meeting & Plan |
Parties must meet no more than 30 days after prehearing conference
order to develop a discovery plan. Must submit to the presiding officer
a written plan within 10 days of the meeting. |
|
§
2.705(f) |
Motions to Compel |
Filed within 10 days after a party fails to respond to a request
for production of documents, answers to interrogatories, or inspection
request. |
|
§§
2.705(h), 2.323 |
Prehearing
Conferences |
Action |
Deadline |
Notes |
Section |
Prehearing Conferences |
Required for nuclear power reactor construction permit and operating
license proceedings; in those types of 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 |
|
|
§
2.332 |
Summary
Disposition |
Action |
Deadline |
Notes |
Section |
Motions for Summary Disposition |
Submitted no later than 20 days after the close of discovery. |
|
§
2.710(a) |
Answer |
Filed within 20 days after service of the motion for summary disposition. |
|
§
2.710(a) |
Reply to Answers |
Filed within 10 days of service of answer. |
|
§
2.710(a) |
Determination on Summary Disposition |
Order issued no later than 40 days after responses to the summary
disposition motion are filed. |
|
§
2.710(e) |
Oral
Hearing |
Action |
Deadline |
Notes |
Section |
Direct Testimony of Witnesses* |
Served at least 15 days before the session at which testimony is
to be presented. |
Submit in written form. |
§
2.711(b) |
Cross Examination Plan* |
Filed in accordance with the date set by the scheduling order. |
Include brief description of the issues, objectives, and proposed
line of questioning. |
§
2.711(c) |
|
|
* In enforcement hearings, these provisions do not restrict the
form and or manner of direct testimony and cross-examination, at the
discretion of the presiding officer. § 2.711(d). |
|
Findings
and Initial Decision |
Action |
Deadline |
Notes |
Section |
Proposed Findings of Fact and Conclusions of Law |
The party who has the burden of proof, within 30 days after the
record is closed.
Other parties may file within 40 days after the record is closed. |
Include briefs and a proposed form of order or decision.
Failure to file may result in default. |
§
2.712(a)—(b) |
Initial Decision Issued |
Unless the Commission directs the record to be certified without
an initial decision under § 2.713(b), the presiding officer shall
render an initial decision. The initial decision constitutes the Commission's
final action 40 days after its date of issuance unless any party petitions
for Commission review, or the Commission takes review sua sponte. |
In writing and based only upon information in the record or facts.
Will include the time within which a petition for review and answers
thereto may be filed and the date that the decision may |
§§2.713(a)—(b),
2.340(b) |
Motions,
Stays and Requests for Reconsideration |
Action |
Deadline |
Notes |
Section |
Motions (generally) |
Made no later than 10 days after the occurrence or circumstance
from which the motion arises. |
Must include certification of attorney/representative that movant
has made a sincere effort to resolve the issues raised in the motion. |
§
2.323(a) |
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. |
10 page limit. |
§
2.323(e) |
Stay Motion/Petition for Reconsideration |
Within 10 days of service of a decision or action of a presiding
officer. |
Concise; 10 page limit, exclusive of affidavits. |
§§
2.342(a), 2.345(a)(1) |
Answer Supporting Stay Motion/Petition for Reconsideration |
Within 10 days of service of an application for stay or motion for
reconsideration. |
Concise; 10 page limit, exclusive of affidavits. |
§§
2.342(d), 2.345(b) |
Appellate
Review |
Action |
Deadline |
Notes |
Section |
Interlocutory Appeal of Rulings on Requests for Hearing/Petitions
to Intervene and Selection of Hearing Procedures |
Within 10 days of the service of an order of the presiding officer
or of the Atomic Safety and Licensing Board. |
Initiated by filing a notice of appeal and supporting brief. |
§
2.311 |
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 Supporting or Opposing Commission Review |
Within 10 days of service of a petition for review. |
Concise; 25 page limit. |
§
2.341(b)(3) |
Reply to Answer Supporting or Opposing Commission Review |
Within 5 days of service of any answer. |
Concise; 5 page limit. |
§
2.341(b)(3) |
Commission Sua Sponte Review |
Within 40 days after the date of the decision or action by the presiding
officer or within 40 days after service of a petition for review,
whichever is greater. |
|
§§
2.713(a), 2.341(a)(2)
|