Subpart N is a simplified, informal hearing track for the expeditious
resolution of disputes among parties. Proceedings under Subpart N are
expected torequire less than 2 days of oral hearings. These "fast-track"procedures
can also be used upon mutual agreement of the parties, and "fast-track"
may beparticularly useful for cases involving small licensees. In such
cases, the Subpart N procedures allow the parties to be heard in a simple,
inexpensive, andinformal proceeding that can be conducted quickly before
an independent decision-maker. This guide is not a replacement for the
procedural regulationsin 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 |
| Request for Hearing/Petition toIntervene |
For the applicant, within 20 daysfrom date of notice ofaction/proposed
action or as specifiedin the notice. If notice is published in the
Federal Register, within time specified (mustbe at least
60 days after publication)or, if no time is specified, within 60days
of the publication of proposedagency action or notice of hearing.
If a Federal Register notice is notpublished, not later than the latest
of60 days, after publication of notice onthe NRC's Web site, http://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing-license-applications.html,
or 60 daysafter the requester received actualnotice of a pending application,
butnot more than 60 days after agencyaction on the application. |
Include standing and contentions. Include standing and contentions. |
§
2.103(b)(2)
§
2.309(a),(b)
§
2.309(a),(b) |
| Answer |
Filed within 25 days of request forhearing/petition to intervene. |
Address, at a minimum, factors in § 2.309(a)-(g). |
§
2.309(h)(1) |
| Reply to Answers |
Filed within 7 days of answer torequest for hearing/petition tointervene. |
|
§
2.309(h)(2) |
| Decision on Request forHearing/Petition to Intervene |
Issued within 45 days of filing ofanswers or replies to answers
(absentCommission extension). |
|
§
2.309(i) |
| NRC
Actions |
| Action |
Deadline |
Notes |
Section |
| Notification of NRC Party Status |
Within 15 days of order grantingrequest for hearing/petition tointervene. |
|
§
2.1403(b)(2) |
| Discovery |
| Action |
Deadline |
Notes |
Section |
| Initial Mandatory Disclosures |
Within 30 days of order grantingrequest for hearing/petition tointervene. |
Continuing duty of disclosure. |
§§
2.336(a)--(b), 2.1402(a)(6) |
| Prehearing
Conferences |
| Action |
Deadline |
Notes |
Section |
| Prehearing Conferences |
No later than 40 days after the ordergranting a request for hearing
petitionto intervene. |
|
§
2.1404(a) |
| Objection to Prehearing ConferenceOrder |
Within 5 days after service ofprehearing conference order. |
|
§
2.329(e) |
| Scheduling Order |
As soon as practicable. |
|
§
2.332 |
| Summary
Disposition |
| Action |
Deadline |
Notes |
Section |
| Summary Disposition |
Not Permitted. |
|
§
2.1402(a)(3) |
| Oral
Hearing |
| Action |
Deadline |
Notes |
Section |
| Hearing Begins |
No later than 20 days after conclusionof prehearing conference. |
|
§
2.1405(a) |
| Findings
and Initial Decison |
| Action |
Deadline |
Notes |
Section |
| Decision Issued |
Generally issued orally from thebench and reduced to writing within20
days. If no oral decision, reduced to writingwithin 30 days.
Can be extended with permission ofthe Chief Administrative Judge,
butno later than 60 days after hearingwithout express Commissionapproval. |
|
§
2.1406(a) |
| Decision Effectiveness |
20 days after issuance, unlessappealed to Commission or reviewedsua
sponte by the Commission. |
|
§
2.1406(c) |
| Motions,
Stays and Request for Reconsideration |
| Action |
Deadline |
Notes |
Section |
| Motions (generally) |
All motions must be made orally. |
Includes requests for cross-examination. |
§
2.1402(a)(4) |
| Motion for Reconsideration |
Not permitted. |
|
§
2.1402(3) |
| Stay Motion |
Within 10 days of service of adecision or action of a presidingofficer. |
Concise; 10 page limit, exclusive ofaffidavits. |
§
2.342(a) |
| Answer Supporting Stay Motion |
Within 10 days of service of anapplication for stay. |
Concise; 10 page limit, exclusive ofaffidavits. |
§
2.342(d) |
| Appellate
Review |
| Action |
Deadline |
Notes |
Section |
| Appeal From Initial Written Decision |
Within 15 days of service of a writteninitial decision. |
Concise; 20 page limit. |
§
2.1407(a)(1)—(2) |
| Answer |
Within 15 days of service of apetition for review. |
Concise; 20 page limit. |
§
2.1407(a)(3) |
| Reply to Answer |
None. |
|
§
2.1407(a)(3) |
| Commission Sua Sponte Review |
Within 20 days after the date ofissuance of the written decision. |
|
§
2.1406(c) |
]