§ 2.306 Computation of time.
(a) In computing any period of time,
the day of the act, event, or default after
which the designated period of time
begins to run is not included. The last
day of the period so computed is
included unless it is a Saturday or
Sunday, a Federal legal holiday at the
place where the action or event is to
occur, or a day upon which, because of
an emergency closure of the Federal
government in Washington, DC, NRC
Headquarters does not open for
business, in which event the period
runs until the end of the next day that
is not a Saturday, Sunday, Federal legal
holiday, or emergency closure.
(b) Whenever a participant has the right or is required to do some act within a prescribed period after the service of a notice or other document upon him or her, no additional time is added to the prescribed period except in the following circumstances:
(1) If a notice or document is served upon a participant, by first-class mail only, three (3) calendar days will be added to the prescribed period for all the participants in the proceeding.
(2) If a notice or document is served
upon a participant, by express mail or
other expedited service only, two (2)
calendar days will be added to the
prescribed period for all the participants
in the proceeding.
(3) If a document is to be served by multiple service methods, such as partially electronic and entirely on optical storage media, the additional number of days is computed according to the service method used to deliver the entire document, excluding courtesy copies, to all of the other participants in the proceeding. The presiding officer may determine the calculation of additional days when a participant is not entitled to receive an entire filing served by multiple methods.
(4) In mixed service proceedings when all participants are not using the same filing and service method, the number of days for service will be determined by the presiding officer based on considerations of fairness and efficiency.
(c) To be considered timely, a document must be served:
(1) By 5 p.m. Eastern Time for a document served in person or by expedited service; and
(2) By 11:59 p.m. Eastern Time for a document served by the E-Filing system.
[72 FR 49151, Aug. 28, 2007]