10 CFR 2.1015, Appeals

Appeals

a

(a) No appeals from any Pre-License Application presiding officer or presiding officer order or decision issued under this subpart are permitted, except as prescribed in paragraphs (b), (c), and (d) of this section.

b

(b) A notice of appeal from a Pre-License Application presiding officer order issued under § 2.1010, a presiding officer prehearing conference order issued under § 2.1021, a presiding officer order granting or denying a motion for summary disposition issued in accordance with § 2.1025, or a presiding officer order granting or denying a petition to amend one or more contentions under § 2.309, must be filed with the Commission no later than ten (10) days after service of the order. A supporting brief must accompany the notice of appeal. Any other party, interested governmental participant, or potential party may file a brief in opposition to the appeal no later than ten (10) days after service of the appeal.

c

(c) Appeals from a presiding officer initial decision or partial initial decision must be filed and briefed before the Commission in accordance with the following requirements.

(1) Notice of appeal. Within ten (10) days after service of an initial decision, any party may take an appeal to the Commission by filing a notice of appeal. The notice shall specify:

(i) The party taking the appeal; and

(ii) The decision being appealed.

(2) Filing appellant's brief. Each appellant shall file a brief supporting its position on appeal within thirty (30) days (40 days if Commission staff is the appellant) after the filing of notice required by paragraph (a) of this section.

(3) Filing responsive brief. Any party who is not an appellant may file a brief in support of or in opposition to the appeal within thirty (30) days after the period has expired for the filing and service of the brief of all appellants. Commission staff may file a responsive brief within forty (40) days after the period has expired for the filing and service of the briefs of all appellants. A responding party shall file a single responsive brief regardless of the number of appellants' briefs filed.

(4) Brief content. A brief in excess of ten (10) pages must contain a table of contents, with page references, and a table of cases (alphabetically arranged), statutes, regulations, and other authorities cited, with references to the pages of the brief where they are cited.

(i) An appellant's brief must clearly identify the errors of fact or law that are the subject of the appeal. An intervenor-appellant's brief must be confined to issues which the intervenor-appellant placed in controversy or sought to place in controversy in the proceeding. For each issue appealed, the precise portion of the record relied upon in support of the assertion of error must also be provided.

(ii) Each responsive brief must contain a reference to the precise portion of the record which supports each factual assertion made.

(5) Brief length. A party shall not file a brief in excess of seventy (70) pages in length, exclusive of pages containing the table of contents, table of citations and any addendum containing statutes, rules, regulations, etc. A party may request an increase of this page limit for good cause. Such a request shall be made by motion submitted at least seven (7) days before the date upon which the brief is due for filing and shall specify the enlargement requested.

(6) Certificate of service. All documents filed under this section must be accompanied by a certificate reflecting service upon all other parties to the proceeding.

(7) Failure to comply. A brief which in form or content is not in substantial compliance with the provisions of this section may be stricken, either on motion of a party or by the Commission on its own initiative.

d

(d) When, in the judgment of a Pre-License Application presiding officer or presiding officer, prompt appellate review of an order not immediately appealable under paragraph (b) of this section is necessary to prevent detriment to the public interest or unusual delay or expense, the Pre-License Application presiding officer or presiding officer may refer the ruling promptly to the Commission, and shall provide notice of this referral to the parties, interested governmental participants, or potential parties. The parties, interested governmental participants, or potential parties may also request that the Pre-License Application presiding officer or presiding officer certify under § 2.319 rulings not immediately appealable under paragraph (b) of this section.

e

(e) Unless otherwise ordered, the filing of an appeal, petition for review, referral, or request for certification of a ruling shall not stay the proceeding or extend the time for the performance of any act.

Federal Register

, as amended at 56 FR 29410, June 27, 1991; 69 FR 2265, Jan. 14, 2004; 77 FR 46587, Aug. 3, 2012]

External Links

NRC website 10 CFR 2.1015

v t e Code of Federal Regulations
Title 10 Part 2 -
10 CFR: 1 2 4 5 7 9 10 11 12 13 14 15 16 19 20 21 25 26 30 31 32 33 34 35 36 37 39 40 50 51 52 54 55 60 61 62 63 70 71 72 73 74 75 76 81 95 100 140 150 160 170 171
1, Scope 2, Subparts 3, Resolution of conflict 4, Definitions 8, Information collection requirements: OMB approval 100, Procedure for Issuance, Amendment, Transfer, or Renewal of a License, and Standard Design Approval, Scope of subpart 101, Filing of application 102, Administrative review of application 103, Action on applications for byproduct, source, special nuclear material, facility and operator licenses 104, Hearing on Application-How Initiated, Notice of hearing 105, Notice of proposed action 106, Notice of issuance 107, Withdrawal of application 108, Denial of application for failure to supply information 109, Effect of timely renewal application 110, Filing and administrative action on submittals for standard design approval or early review of site suitability issues 111, Prohibition of sex discrimination 200, Procedure for Imposing Requirements by Order, or for Modification, Suspension, or Revocation of a License, or for Imposing Civil Penalties, Scope of subpart 201, Notice of violation 202, Orders 203, Settlement and compromise 204, Demand for information 205, Civil penalties 206, Requests for action under this subpart 300, 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, Scope of subpart C 301, Exceptions 302, Filing of documents 303, Docket 304, Formal requirements for documents; signatures; acceptance for filing 305, Service of documents, methods, proof 306, Computation of time 307, Extension and reduction of time limits; delegated authority to order use of procedures for access by potential parties to certain sensitive unclassified information 308, Treatment of requests for hearing or petitions for leave to intervene by the Secretary 309, Hearing requests, petitions to intervene, requirements for standing, and contentions 310, Selection of hearing procedures 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 312, Notice of hearing 313, Designation of presiding officer, disqualification, unavailability, and substitution 314, Appearance and practice before the Commission in adjudicatory proceedings 315, Participation by a person not a party 316, Consolidation of parties 317, Separate hearings; consolidation of proceedings 318, Commencement and termination of jurisdiction of presiding officer 319, Power of the presiding officer 320, Default 321, Atomic Safety and Licensing Boards 322, Special assistants to the presiding officer 323, Motions 324, Order of procedure 325, Burden of proof 326, Motions to reopen 327, Official recording; transcript 328, Hearings to be public 329, Prehearing conference 330, Stipulations 331, Oral argument before the presiding officer 332, General case scheduling and management 333, Authority of the presiding officer to regulate procedure in a hearing 334, Implementing hearing schedule for proceeding 335, Consideration of Commission rules and regulations in adjudicatory proceedings 336, General discovery 337, Evidence at a hearing 338, Settlement of issues; alternative dispute resolution 339, Expedited decisionmaking procedure 340, Initial decision in certain contested proceedings; immediate effectiveness of initial decisions; issuance of authorizations, permits and licenses 341, Review of decisions and actions of a presiding officer 342, Stays of decisions 343, Oral argument 344, Final decision 345, Petition for reconsideration 346, Authority of the Secretary 347, Ex parte communications 348, Separation of functions 390, Public inspections, exemptions, requests for withholding 400, Additional Procedures Applicable to Proceedings for the Issuance of Licenses To Construct and/or Operate Nuclear Power Plants of Identical Design at Multiple Sites, Scope of subpart 401, Notice of hearing on construction permit or combined license applications pursuant to appendix N of 10 CFR parts 50 or 52 402, Separate hearings on separate issues; consolidation of proceedings 403, Notice of proposed action on applications for operating licenses pursuant to appendix N of 10 CFR part 50 404, Hearings on applications for operating licenses pursuant to appendix N of 10 CFR part 50 405, Initial decisions in consolidated hearings 406, Finality of decisions on separate issues 407, Applicability of other sections 500, 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, Scope of subpart 501, Notice of hearing on application under subpart F of 10 CFR part 52 for a license to manufacture nuclear power reactors 502, 503, 504, 600, 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, Scope of subpart 601, Applicability of other sections 602, Early Partial Decisions on Site Suitability-Construction Permit, Filing fees 603, Acceptance and docketing of application for early review of site suitability issues in a construction permit proceeding 604, Notice of hearing on application for early review of site suitability issues in construction permit proceeding 605, Additional considerations 606, Partial decision on site suitability issues in construction permit proceeding 700, Rules for Formal Adjudications, Scope of subpart G 701, Exceptions 702, Subpoenas 703, Examination by experts 704, Discovery-required disclosures 705, Discovery--additional methods further results Appendices: 10 CFR 2 Appendix A, Appendix a to Part 2--Reserved 10 CFR 2 Appendix C, Appendix C to Part 2--Reserved 10 CFR 2 Appendix D, Appendix D to Part 2--Schedule for the Proceeding On Consideration of Construction Authorization for a High-Level Waste Geologic Repository

10 CFR 2.1015, Appeals

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10 CFR 2.1015, Appeals

a

b

c

d

e

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