Subpart M hearing procedures apply to proceedings for the transfer of
a materials or reactor license. The Commission issues Subpart M is the
onlymechanism for requesting hearings on license transfer requests unless
contrary, case-specific orders. Subpart M hearings can take the form of
either oralhearings or hearings consisting of written comments. This guide
is not a replacement for the procedural regulations in 10 CFR Part 2.
To the extent usersrely 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 |
Within 20 days from date ofpublication in the Federal Register.
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 publication of the 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. |
§
2.309(b)(1)
§
2.309(b)(3)
§
2.309(b)(3) |
| Answer |
Filed within 25 days of request forhearing/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 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) |
| Written
Comments |
| Action |
Deadline |
Notes |
Section |
| Submission |
Within 30 days after public notice ofreceipt of application. These
arecomments on the license transferapplication and are not the same
ascomments submitted as part of aHearing Consisting of WrittenComments,
as described below. |
Alternative to Request forHearing/Petition to Intervene. |
§
2.1305(b) |
| Applicant Response |
If the applicant chooses, within 10days of service of comments upon
theapplicant. |
Responses are not part of thedecisional record. |
§
2.1305(c) |
| NRC
Actions |
| Action |
Deadline |
Notes |
Section |
| Notification of NRC Party Status |
|
|
§
2.1316(c) |
| Discovery |
| Action |
Deadline |
Notes |
Section |
| Initial Mandatory Disclosures |
Made within 30 days of ordergranting request for hearing/petitionto
intervene. |
Continuing duty of disclosure. |
§
2.336(a)—(b) |
| Prehearing
Conferences |
| Prehearing Conferences |
Within discretion of presiding officer. |
|
§§
2.319(j), 2.329(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 |
| Not Available |
|
|
|
| Oral
Hearing |
| Action |
Deadline |
Notes |
Section |
| Written Initial Statements of Position,and/or Testimony |
No later than 15 days before thehearing, or such other time a orderedor
allowed by presiding officer ofCommission. |
|
§§
2.1322(a)(1),
2.1323(a) |
| Written Response, RebuttalTestimony, Proposed Questions |
Within 20 days of service of writteninitial statements of position
andtestimony. |
|
§
2.1322(a)(3) |
| Proposed Questions Directed toRebuttal Testimony |
Within 7 days after service of rebuttaltestimony. |
|
§
2.1322(a)(4) |
| Oral Hearing |
Commences within 65 days of noticegranting hearing. |
|
§
2.1322(b) |
| Written Post-Hearing Statements ofPosition |
Within 20 days of the close of thehearing. |
|
§
2.1322(c) |
| Hearing
Consisting of Written Comments |
| Action |
Deadline |
Notes |
Section |
| Request for Hearing Consisting ofWritten Comments |
Within 15 days of service of noticegranting hearing. |
Requires unanimous consent. |
§
2.1308 |
| Initial Written Statements of Positionand Written Testimony |
On date set by the presiding officer orCommission. |
|
§
2.1321(a) |
| Written Response, RebuttalTestimony, Proposed Questions |
Within 20 days of service of writteninitial statements of position
andtestimony. |
|
§
2.1321(b) |
| Proposed Questions Directed toRebuttal Testimony |
Within 7 days after service of rebuttaltestimony. |
|
§
2.1321(b) |
| Written Concluding Statements ofPosition |
Within 20 days of service of writtenresponse, rebuttal testimony,
andproposed questions filed under § 2.1321(b). |
|
§
2.1321(c) |
| Motions,
Stays, and Request for Reconsideration |
| Action |
Deadline |
Notes |
Section |
| Motions (generally) |
Made no later than 10 days after theoccurrence or circumstance fromwhich
the motion arises. |
Certify that moving party has madeefforts to resolve issue with
otherparties. |
§
2.323(a) |
| Answers to Motions |
Within 5 days of service of writtenmotion. |
|
§
2.1325(b) |
| Motion for Reconsideration |
Within 10 days of action for whichreconsideration is requested. |
10 page limit. |
§
2.323(e) |
| Stay Petition for Reconsideration |
Within 5 days of issuance of noticethe NRC staff's action on the
matterinvolved in a hearing. Within 10 days of service of adecision
or action of a presidingofficer. |
Concise; 10 page limit, exclusive ofaffidavits. |
§
2.1327(a),
§§
2.342(a),
2.345(a)(1) |
| Answer Supporting StayMotion/Petition for Reconsideration |
Within 10 days of service of anapplication for stay or motion forreconsideration. |
Concise; 10 page limit, exclusive ofaffidavits. |
§§
2.1327(c),
2.342(d),
2.345(b) |
| Appellate
Review |
| Action |
Deadline |
Notes |
Section |
| Interlocutory Appeals |
Within 10 days of an order on arequest for hearing/petition tointervene.
Within 10 days of an order selecting ahearing procedure. |
|
§
2.311(a)
§
2.311(d) |
| Opposition to Interlocutory Appeal |
Within 10 days after service of theappeal. |
|
§
2.311(a) |
| Appeal From Full/Partial InitialDecision |
Within 15 days of service of afull/partial decision of a presidingofficer.
|
Concise; 25 page limit. |
§
2.341(b)(1) |
| Answer |
Within 10 days of service of apetition for review. |
Concise; 25 page limit. |
§
2.341(b)(3) |
| Reply to Answer |
Within 5 days of service of anyanswer. |
Concise; 5 page limit. |
§
2.341(b)(3) |
Commission
Sua Sponte Review |
Within 40 days after the date of thedecision or action by presiding
officeror within 40 days after service of apetition for review, whichever
isgreater. |
|
§
2.341(a)(2) |
]