Part 2 - Agency Rules of Practice and Procedure  


§ 2.1 - Scope.
§ 2.2 - Subparts.
§ 2.3 - Resolution of conflict.
§ 2.4 - Definitions.
§ 2.8 - Information collection requirements: OMB approval.
Subpart A - Procedure for Issuance, Amendment, Transfer, or Renewal of a License, and Standard Design Approval
§ 2.100 - Scope of subpart.
§ 2.101 - Filing of application.
§ 2.102 - Administrative review of application.
§ 2.103 - Action on applications for byproduct, source, special nuclear material, facility and operator licenses.
Hearing on Application—How Initiated
Hearing on Application - How Initiated
§ 2.104 - Notice of hearing.
§ 2.105 - Notice of proposed action.
§ 2.106 - Notice of issuance.
§ 2.107 - Withdrawal of application.
§ 2.108 - Denial of application for failure to supply information.
§ 2.109 - Effect of timely renewal application.
§ 2.110 - Filing and administrative action on submittals for standard design approval or early review of site suitability issues.
§ 2.111 - Prohibition of sex discrimination.
Subpart B - Procedure for Imposing Requirements by Order, or for Modification, Suspension, or Revocation of a License, or for Imposing Civil Penalties
§ 2.200 - Scope of subpart.
§ 2.201 - Notice of violation.
§ 2.202 - Orders.
§ 2.203 - [Reserved]
§ 2.204 - Demand for information.
§ 2.205 - Civil penalties.
§ 2.206 - Requests for action under this subpart.
Subpart C - Rules of General Applicability: Hearing Requests, Petitions To Intervene, Availability of Documents, Selection of Specific Hearing Procedures, Presiding Officer Powers, and General Hearing Management for NRC Adjudicatory Hearings
§ 2.300 - Scope of subpart C.
§ 2.301 - Exceptions.
§ 2.302 - Filing of documents.
§ 2.303 - Docket.
§ 2.304 - Formal requirements for documents; signatures; acceptance for filing.
§ 2.305 - Service of documents, methods, proof.
§ 2.306 - Computation of time.
§ 2.307 - Extension and reduction of time limits; delegated authority to order use of procedures for access by potential parties to certain sensitive unclassified information.
§ 2.308 - Treatment of requests for hearing or petitions for leave to intervene by the Secretary.
§ 2.309 - Hearing requests, petitions to intervene, requirements for standing, and contentions.
§ 2.310 - Selection of hearing procedures.
§ 2.311 - Interlocutory review of rulings on requests for hearings/petitions to intervene, selection of hearing procedures, and requests by potential parties for access to sensitive unclassified non-safeguards information and safeguards information.
§ 2.312 - Notice of hearing.
§ 2.313 - Designation of presiding officer, disqualification, unavailability, and substitution.
§ 2.314 - Appearance and practice before the Commission in adjudicatory proceedings.
§ 2.315 - Participation by a person not a party.
§ 2.316 - Consolidation of parties.
§ 2.317 - Separate hearings; consolidation of proceedings.
§ 2.318 - Commencement and termination of jurisdiction of presiding officer.
§ 2.319 - Power of the presiding officer.
§ 2.320 - Default.
§ 2.321 - Atomic Safety and Licensing Boards.
§ 2.322 - Special assistants to the presiding officer.
§ 2.323 - Motions.
§ 2.324 - Order of procedure.
§ 2.325 - Burden of proof.
§ 2.326 - Motions to reopen.
§ 2.327 - Official recording; transcript.
§ 2.328 - Hearings to be public.
§ 2.329 - Prehearing conference.
§ 2.330 - Stipulations.
§ 2.331 - Oral argument before the presiding officer.
§ 2.332 - General case scheduling and management.
§ 2.333 - Authority of the presiding officer to regulate procedure in a hearing.
§ 2.334 - Implementing hearing schedule for proceeding.
§ 2.335 - Consideration of Commission rules and regulations in adjudicatory proceedings.
§ 2.336 - General discovery.
§ 2.337 - Evidence at a hearing.
§ 2.338 - Settlement of issues; alternative dispute resolution.
§ 2.339 - Expedited decisionmaking procedure.
§ 2.340 - Initial decision in certain contested proceedings; immediate effectiveness of initial decisions; issuance of authorizations, permits, and licenses.
§ 2.341 - Review of decisions and actions of a presiding officer.
§ 2.342 - Stays of decisions.
§ 2.343 - Oral argument.
§ 2.344 - Final decision.
§ 2.345 - Petition for reconsideration.
§ 2.346 - Authority of the Secretary.
§ 2.347 - Ex parte communications.
§ 2.348 - Separation of functions.
§ 2.390 - Public inspections, exemptions, requests for withholding.
Subpart D - Additional Procedures Applicable to Proceedings for the Issuance of Licenses To Construct and/or Operate Nuclear Power Plants of Identical Design at Multiple Sites
§ 2.400 - Scope of subpart.
§ 2.401 - Notice of hearing on construction permit or combined license applications pursuant to appendix N of 10 CFR parts 50 or 52.
§ 2.402 - Separate hearings on separate issues; consolidation of proceedings.
§ 2.403 - Notice of proposed action on applications for operating licenses pursuant to appendix N of 10 CFR part 50.
§ 2.404 - Hearings on applications for operating licenses pursuant to appendix N of 10 CFR part 50.
§ 2.405 - Initial decisions in consolidated hearings.
§ 2.406 - Finality of decisions on separate issues.
§ 2.407 - Applicability of other sections.
Subpart E - Additional Procedures Applicable to Proceedings for the Issuance of Licenses To Manufacture Nuclear Power Reactors To Be Operated at Sites Not Identified in the License Application and Related Licensing Proceedings
§ 2.500 - Scope of subpart.
§ 2.501 - Notice of hearing on application under subpart F of 10 CFR part 52 for a license to manufacture nuclear power reactors.
§ 2.502 - Notice of hearing on application for a permit to construct a nuclear power reactor manufactured pursuant to a Commission license issued pursuant to appendix M of part 52 of this chapter at the site at which the reactor is to be operated.
§ 2.503 - Finality of decisions on separate issues.
§ 2.504 - Applicability of other sections.
§§ 2.502--2.504 - [Reserved]
Subpart F - Additional Procedures Applicable to Early Partial Decisions on Site Suitability Issues in Connection With an Application for a Construction Permit or Combined License To Construct Certain Utilization Facilities; and Advance Issuance of Limited Work Authorizations
§ 2.600 - Scope of subpart.
§ 2.601 - Applicability of other sections.
Phased Applications Involving Limited Work Authorizations
§ 2.641 - Filing fees.
§ 2.643 - Acceptance and docketing of application for limited work authorization.
§ 2.645 - Notice of hearing.
§ 2.647 - [Reserved]
§ 2.649 - Partial decisions on limited work authorization.
Early Partial Decisions on Site Suitability—Construction Permit
§ 2.604 - Notice of hearing on application for early review of site suitability issues in construction permit proceeding.
Early Partial Decisions on Site Suitability—Combined License Under 10 CFR Part 52
Early Partial Decisions on Site Suitability - Construction Permit
§ 2.602 - Filing fees.
§ 2.603 - Acceptance and docketing of application for early review of site suitability issues in a construction permit proceeding.
§ 2.605 - Additional considerations.
§ 2.606 - Partial decision on site suitability issues in construction permit proceeding.
Early Partial Decisions on Site Suitability - Combined License Under 10 CFR Part 52
§ 2.621 - Acceptance and docketing of application for early review of site suitability issues in a combined license proceeding.
§ 2.623 - Notice of hearing on application for early review of site suitability issues in combined license proceeding.
§ 2.625 - Additional considerations.
§ 2.627 - Partial decision on site suitability issues in combined license proceeding.
§ 2.629 - Finality of partial decision on site suitability issues in a combined license proceeding.
Early Partial Decisions on Site Suitability—Combined License Under 10 CFR Part 52
Subpart G - Rules for Formal Adjudications
§ 2.700 - Scope of subpart G.
§ 2.701 - Exceptions.
§ 2.702 - Subpoenas.
§ 2.703 - Examination by experts.
§ 2.704 - Discovery-required disclosures.
§ 2.705 - Discovery-additional methods.
§ 2.706 - Depositions upon oral examination and written interrogatories; interrogatories to parties.
§ 2.707 - Production of documents and things; entry upon land for inspections and other purposes.
§ 2.708 - Admissions.
§ 2.709 - Discovery against NRC staff.
§ 2.710 - Motions for summary disposition.
§ 2.711 - Evidence.
§ 2.712 - Proposed findings and conclusions.
§ 2.713 - Initial decision and its effect.
§ 2.714 - Intervention.
§ 2.715 - Participation by a person not a party.
§ 2.716 - Consolidation of proceedings.
§ 2.717 - Commencement and termination of jurisdiction of presiding officer.
§ 2.718 - Power of presiding officer.
§ 2.719 - [Reserved]
§ 2.720 - Subpoenas.
§ 2.721 - Atomic safety and licensing boards.
§ 2.722 - Special assistants to the presiding officer.
§ 2.700a - Exceptions.
Final Decision
§ 2.770 - Final decision.
§ 2.771 - Petition for reconsideration.
§ 2.772 - Authority of the Secretary to rule on procedural matters.
Motions
§ 2.730 - Motions.
§ 2.731 - Order of procedure.
§ 2.732 - Burden of proof.
§ 2.733 - Examination by experts.
§ 2.734 - Motions to reopen.
Restricted Communications
§ 2.780 - Ex parte communications.
§ 2.781 - Separation of functions.
§ 2.786 - Review of decisions and actions of a presiding officer.
§ 2.788 - Stays of decisions of presiding officers pending review.
Summary Disposition on Pleadings
§ 2.749 - Authority of presiding officer to dispose of certain issues on the pleadings.
Hearings
§ 2.750 - Official reporter; transcript.
§ 2.751 - Hearings to be public.
§ 2.752 - Prehearing conference.
§ 2.753 - Stipulations.
§ 2.754 - Proposed findings and conclusions.
§ 2.755 - Oral argument before presiding officer.
§ 2.756 - Informal procedures.
§ 2.757 - Authority of presiding officer to regulate procedure in a hearing.
§ 2.758 - Consideration of Commission rules and regulations in adjudicatory proceedings.
§ 2.759 - Settlement in initial licensing proceedings.
§ 2.751a - Special prehearing conference in construction permit and operating license proceedings.
Depositions and Written Interrogatories; Discovery; Admission; Evidence
§ 2.740 - General provisions governing discovery.
§ 2.741 - Production of documents and things and entry upon land for inspection and other purposes.
§ 2.742 - Admissions.
§ 2.743 - Evidence.
§ 2.744 - Production of NRC records and documents.
§ 2.740a - Depositions upon oral examination and upon written interrogatories.
§ 2.740b - Interrogatories to parties.
Availability of Official Records
§ 2.790 - Public inspections, exemptions, requests for withholding.
Initial Decision and Commission Review
§ 2.760 - Initial decision and its effect.
§ 2.761 - Expedited decisional procedure.
§ 2.763 - Oral argument.
§ 2.764 - Immediate effectiveness of initial decision directing issuance or amendment of construction permit or operating license.
§ 2.765 - Immediate effectiveness of initial decision directing issuance or amendment of licenses under part 61 of this chapter.
§ 2.760a - Initial decision in contested proceedings on applications for facility operating licenses.
§ 2.761a - Separate hearings and decisions.
§ 2.714a - Petitions for review of certain rulings on petitions for leave to intervene and/or requests for hearing.
§ 2.715a - Consolidation of parties in construction permit or operating license proceedings.
Subpart H - Rulemaking
§ 2.800 - Scope and applicability.
§ 2.801 - Initiation of rulemaking.
§ 2.802 - Petition for rulemaking - requirements for filing.
§ 2.803 - Petition for rulemaking - NRC action.
§ 2.804 - Notice of proposed rulemaking.
§ 2.805 - Participation by interested persons.
§ 2.806 - Commission action.
§ 2.807 - Effective date.
§ 2.808 - Authority of the Secretary to rule on procedural matters.
§ 2.809 - Participation by the Advisory Committee on Reactor Safeguards.
§ 2.810 - NRC size standards.
§ 2.811 - Filing of standard design certification application; required copies.
§ 2.813 - Written communications.
§ 2.815 - Docketing and acceptance review.
§ 2.817 - Withdrawal of application.
§ 2.819 - Denial of application for failure to supply information.
Subpart I - Special Procedures Applicable to Adjudicatory Proceedings Involving Restricted Data and/or National Security Information
§ 2.900 - Purpose.
§ 2.901 - Scope of subpart I.
§ 2.902 - Definitions.
§ 2.903 - Protection of restricted data and national security information.
§ 2.904 - Classification assistance.
§ 2.905 - Access to restricted data and national security information for parties; security clearances.
§ 2.906 - Obligation of parties to avoid introduction of restricted data or national security information.
§ 2.907 - Notice of intent to introduce restricted data or national security information.
§ 2.908 - Contents of notice of intent to introduce restricted data or other national security information.
§ 2.909 - Rearrangement or suspension of proceedings.
§ 2.910 - Unclassified statements required.
§ 2.911 - Admissibility of restricted data or other national security information.
§ 2.912 - Weight to be attached to classified evidence.
§ 2.913 - Review of Restricted Data or other National Security Information received in evidence.
Subpart J - Procedures Applicable to Proceedings for the Issuance of Licenses for the Receipt of High-Level Radioactive Waste at a Geologic Repository
§ 2.1000 - Scope of subpart J.
§ 2.1001 - Definitions.
§ 2.1002 - [Reserved]
§ 2.1003 - Availability of material.
§ 2.1004 - Amendments and additions.
§ 2.1005 - Exclusions.
§ 2.1006 - Privilege.
§ 2.1007 - Access.
§ 2.1008 - [Reserved]
§ 2.1009 - Procedures.
§ 2.1010 - Pre-License Application Presiding Officer.
§ 2.1011 - Management of electronic information.
§ 2.1012 - Compliance.
§ 2.1013 - Use of the electronic docket during the proceeding.
§ 2.1014 - Intervention.
§ 2.1015 - Appeals.
§ 2.1016 - Motions.
§ 2.1017 - Computation of time.
§ 2.1018 - Discovery.
§ 2.1019 - Depositions.
§ 2.1020 - Entry upon land for inspection.
§ 2.1021 - First prehearing conference.
§ 2.1022 - Second prehearing conference.
§ 2.1023 - Immediate effectiveness.
§ 2.1025 - Authority of the Presiding Officer to dispose of certain issues on the pleadings.
§ 2.1026 - Schedule.
§ 2.1027 - Sua sponte.
Subpart K - Hybrid Hearing Procedures for Expansion of Spent Nuclear Fuel Storage Capacity at Civilian Nuclear Power Reactors
§ 2.1101 - Purpose.
§ 2.1103 - Scope of subpart K.
§ 2.1105 - Definitions.
§ 2.1107 - Notice of proposed action.
§ 2.1109 - Requests for oral argument.
§ 2.1111 - Discovery.
§ 2.1113 - Oral argument.
§ 2.1115 - Designation of issues for adjudicatory hearing.
§ 2.1117 - Burden of proof.
§ 2.1119 - Applicability of other sections.
Subpart L - Simplified Hearing Procedures for NRC Adjudications
§ 2.1200 - Scope of this subpart.
§ 2.1201 - Definitions.
§ 2.1202 - Authority and role of NRC staff.
§ 2.1203 - Hearing file; prohibition on discovery.
§ 2.1204 - Motions and requests.
§ 2.1205 - Summary disposition.
§ 2.1206 - Informal hearings.
§ 2.1207 - Process and schedule for submissions and presentations in an oral hearing.
§ 2.1208 - Process and schedule for a hearing consisting of written presentations.
§ 2.1209 - Findings of fact and conclusions of law.
§ 2.1210 - Initial decision and its effect.
§ 2.1211 - Immediate effectiveness of initial decision directing issuance or amendment of licenses under part 61 of this chapter.
§ 2.1212 - Petitions for Commission review of initial decisions.
§ 2.1213 - Application for a stay.
§ 2.1215 - Appearance and practice.
Hearings
§ 2.1231 - Hearing file; prohibition on discovery.
§ 2.1233 - Written presentations; written questions.
§ 2.1235 - Oral presentations; oral questions.
§ 2.1237 - Motions; burden of proof.
§ 2.1239 - Consideration of Commission rules and regulations in informal adjudications.
§ 2.1241 - Settlement of proceedings.
Initial Decision, Commission Review, And Final Decision
§ 2.1251 - Initial decision and its effect.
§ 2.1253 - Petitions for review of initial decisions.
§ 2.1259 - Final decision; petition for reconsideration.
§ 2.1261 - Authority of the Secretary to rule on procedural matters.
§ 2.1263 - Stays of NRC staff licensing actions or of decisions of a presiding officer or the Commission pending hearing or review.
Appendix B to Part 2 - [Reserved]
Subpart M - Procedures for Hearings on License Transfer Applications
§ 2.1300 - Scope of subpart M.
§ 2.1301 - Public notice of receipt of a license transfer application.
§ 2.1302 - Notice of withdrawal of an application.
§ 2.1303 - Availability of documents.
§ 2.1304 - Hearing procedures.
§ 2.1305 - Written comments.
§ 2.1306 - Hearing request or intervention petition.
§ 2.1307 - Answers and replies.
§ 2.1308 - Oral hearings.
§ 2.1309 - Notice of oral hearing.
§ 2.1310 - Notice of hearing consisting of written comments.
§ 2.1311 - Conditions in a notice or order.
§ 2.1312 - Authority of the Secretary.
§ 2.1313 - Filing and service.
§ 2.1314 - Computation of time.
§ 2.1315 - Generic determination regarding license amendments to reflect transfers.
§ 2.1316 - Authority and role of NRC staff.
§ 2.1317 - Hearing docket.
§ 2.1318 - Acceptance of hearing documents.
§ 2.1319 - Presiding Officer.
§ 2.1320 - Responsibility and power of the Presiding Officer in an oral hearing.
§ 2.1321 - Participation and schedule for submission in a hearing consisting of written comments.
§ 2.1322 - Participation and schedule for submissions in an oral hearing.
§ 2.1323 - Presentation of testimony in an oral hearing.
§ 2.1324 - Appearance in an oral hearing.
§ 2.1325 - Motions and requests.
§ 2.1326 - Burden of proof.
§ 2.1327 - Application for a stay of the effectiveness of NRC staff action on license transfer.
§ 2.1328 - Default.
§ 2.1329 - Waiver of a rule or regulation.
§ 2.1330 - Reporter and transcript for an oral hearing.
§ 2.1331 - Commission action.
Subpart N - Expedited Proceedings with Oral Hearings
§ 2.1400 - Purpose and scope of this subpart.
§ 2.1401 - Definitions.
§ 2.1402 - General procedures and limitations; requests for other procedures.
§ 2.1403 - Authority and role of the NRC staff.
§ 2.1404 - Prehearing conference.
§ 2.1405 - Hearing.
§ 2.1406 - Initial decision - issuance and effectiveness.
§ 2.1407 - Appeal and Commission review of initial decision.
Subpart O - Legislative Hearings
§ 2.1500 - Purpose and scope.
§ 2.1501 - Definitions.
§ 2.1502 - Commission decision to hold legislative hearing.
§ 2.1503 - Authority of presiding officer.
§ 2.1504 - Request to participate in legislative hearing.
§ 2.1505 - Role of the NRC staff.
§ 2.1506 - Written statements and submission of information.
§ 2.1507 - Oral hearing.
§ 2.1508 - Recommendation of presiding officer.
§ 2.1509 - Ex parte communications and separation of functions.
Appendix A to Part 2
Appendix A to Part 2 - [Reserved]
Appendix C to Part 2
Appendix C to Part 2 - [Reserved]
Appendix D to Part 2 - Schedule for the Proceeding on Consideration of Construction Authorization for a High-Level Waste Geologic Repository.
Appendix B to 10 CFR Part 2 - Model Milestones To Be Used By a Presiding Officer as a Guideline in Developing a Hearing Schedule for the Conduct of an Adjudicatory Proceeding in Accordance With 10 CFR 2.332.