§ 2.302 - Filing of documents.

§ 2.302 Filing of documents.

Cross Reference

Link to an amendment published at 89 FR 67832, Aug. 22, 2024.

(a) Documents filed in Commission adjudicatory proceedings subject to this part shall be electronically transmitted through the E-Filing system, unless the Commission or presiding officer grants an exemption permitting an alternative filing method or unless the filing falls within the scope of paragraph (gh)(1) or (2) of this section.

(b) Upon an order from the Commission or presiding officer permitting alternative filing methods, or as otherwise set forth in Guidance for Electronic Submissions to the NRC, documents may be filed by:

(1) First-class mail: Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff; or

(2) Courier, express mail, and expedited delivery services: Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852, Attention: Rulemakings and Adjudications Staff; or

(3) Email: [e-mail].

(c) All documents offered for filing must be accompanied by a certificate of service stating the names and addresses of the persons served as well as the manner and date of service.

(d) Filing is considered complete:

(1) By electronic transmission when the filer performs the last act that it must perform to transmit a document, in its entirety, electronically;

(2) By first-class mail as of the time of deposit in the mail;

(3) By courier, express mail, or expedited delivery service upon depositing the document with the provider of the service; or

(4) If a filing must be submitted by two or more methods, such as a filing that the Guidance for Electronic Submission to the NRC indicates should must be transmitted electronically as well as physically delivered or mailed on optical portable storage media as described in paragraph (g)(2) of this section, the filing is complete when all methods of filing have been completed.

(e) For filings by electronic transmission, the filer must make a good faith effort to successfully transmit the entire filing. Notwithstanding paragraph (d) of this section, a filing will not be considered complete if the filer knows or has reason to know that the entire filing has not been successfully transmitted.

(f) Digital ID CertificatesIdentification and authentication.

(1) Through digital ID certificates, the NRC permits The NRC provides identification and authentication services that permit participants in the proceeding to access the E-Filing system to file documents, serve other participants, and retrieve documents electronically filed in the proceeding.

(2) Any participant or participant representative that does not have a digital ID certificate shall an identification and authentication credential must request one from the NRC before that participant or representative intends to make its first electronic filing to the E-Filing system. A participant or representative may apply for a digital ID certificate an identification and authentication credential on the NRC Web site website at httphttps://www.nrc.gov/site-help/e-submittals.html.

(

3) Group ID Certificate. A participant wishing to obtain a digital ID certificate valid for several persons may obtain a group digital ID certificate. A Group ID cannot be used to file documents. The Group ID provides access to the E-Filing system for the individuals specifically identified in the group's application to retrieve documents recently received by the system. The Group ID also enables a group of people, all of whom may not have individual digital ID certificates, to be notified when a filing has been made in a particular proceeding.

(g) Filing Method Requirements —

(1) Electronic filing.

g) Filing method requirements.

(1) Unless otherwise provided by order, all filings must be made as electronic submissions in an electronic format (i.e., computer files) via the E-Filing system in a manner that enables the NRC to receive, read, authenticate, distribute, and archive the submissionfiling, and process and retrieve it a single page at a time. Detailed guidance on making electronic submissions electronic formats that will meet these requirements may be found in the Guidance for Electronic Submissions to the NRC and on the NRC Web site website at httphttps://www.nrc.gov/site-help/e-submittals.html.

(2) If a filing contains

sections of information or

electronic

formats

portions that may not be transmitted

electronically for security or other reasons

via the E-Filing system for reasons of security or electronic format (as defined in paragraph (g)(1)), the portions not containing those sections

will

must be transmitted electronically

to

via the E-Filing system. In addition,

optical

portable storage media

(OSM)

containing the entire electronic filing must be physically delivered or mailed.

In such cases

(3) When an electronically formatted image or graphic of a physical object would not provide sufficient contextual value, the physical object may be physically delivered or mailed for inclusion in the adjudicatory record.

(4) In the circumstances described in paragraphs (g)(2) and (3) of this section, the submitter does not need to apply to the Commission or presiding officer for an exemption to deviate from the requirements in paragraph (g)(1) of this section.

(

2

h)Electronic

transmission exemption

filing exemptions —

(1) Exemption from electronic transmission via the E-Filing system. Upon a finding of good cause, the Commission or presiding officer

can

may grant an exemption from the electronic transmission requirements found in paragraph (g)(1) of this section to a participant who is filing electronic documents. The exempt participant is permitted to file and serve electronic documents by email or by physically delivering or mailing

an OSM

portable storage media containing the documents. A participant granted this exemption would still be required to meet the electronic formatting

requirement

requirements in paragraph (g)(1) of this section.

(

3)Electronic document exemption

2) Exemption from electronic formatting and electronic transmission requirements. Upon a finding of good cause, the Commission or presiding officer can exempt a participant from both the electronic

(computer file)

formatting and electronic transmission requirements in paragraph (g)

(1)

of this section. A participant granted such an exemption can file and serve paper documents either in person or by courier, express mail, some other expedited delivery service, or first-class mail, as ordered by the Commission or presiding officer.

(

4

3) Requesting an exemption. A filer seeking an exemption under

paragraphs

paragraph (

g

h)(

2

1) or (

g

2)

(3)

of this section must submit the exemption request with its first filing in the proceeding. In the request, a filer must show good cause as to why it cannot file electronically. The filer may not change its formats or delivery methods for filing until a ruling on the exemption request is issued. Exemption requests under

paragraphs

paragraph (

g

h)(

2

1) or (

g

2)

(3)

of this section sought after the first filing in the proceeding will be granted only if the requestor shows that the interests of fairness so require.

[72 FR 49149, Aug. 28, 2007, as amended at 89 FR 67832, Aug. 22, 2024]