10 CFR 2.206, Requests for Action Under This Subpart

Requests for action under this subpart

a

(a) Any person may file a request to institute a proceeding pursuant to § 2.202 to modify, suspend, or revoke a license, or for any other action as may be proper. Requests must be addressed to the Executive Director for Operations and must be filed either by hand delivery to the NRC's Offices at 11555 Rockville Pike, Rockville, Maryland; by mail or telegram addressed to the Executive Director for Operations, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; or by electronic submissions, for example, via facsimile, Electronic Information Exchange, e-mail, or CD-ROM. Electronic submissions must be made in a manner that enables the NRC to receive, read, authenticate, distribute, and archive the submission, and process and retrieve it a single page at a time. Detailed guidance on making electronic submissions can be obtained by visiting the NRC’s Web site at http://www.nrc.gov/site-help/e-submittals.html; by e-mail to MSHD.Resource@nrc.gov; or by writing the Office of Information Services, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The request must specify the action requested and set forth the facts that constitute the basis for the request. The Executive Director for Operations will refer the request to the Director of the NRC office with responsibility for the subject matter of the request for appropriate action in accordance with paragraph (b) of this section.

b

(b) Within a reasonable time after a request pursuant to paragraph (a) of this section has been received, the Director of the NRC office with responsibility for the subject matter of the request shall either institute the requested proceeding in accordance with this subpart or shall advise the person who made the request in writing that no proceeding will be instituted in whole or in part, with respect to the request, and the reasons for the decision.

c

(c)(1) Director's decisions under this section will be filed with the Office of the Secretary. Within twenty-five (25) days after the date of the Director's decision under this section that no proceeding will be instituted or other action taken in whole or in part, the Commission may on its own motion review that decision, in whole or in part, to determine if the Director has abused his discretion. This review power does not limit in any way either the Commission's supervisory power over delegated staff actions or the Commission's power to consult with the staff on a formal or informal basis regarding institution of proceedings under this section.

(2) No petition or other request for Commission review of a Director's decision under this section will be entertained by the Commission.

(3) The Secretary is authorized to extend the time for Commission review on its own motion of a Director's denial under paragraph (c) of this section.

Federal Register

, as amended at 42 FR 36240, July 14, 1977; 45 FR 73466, Nov. 5, 1980; 52 FR 31608, Aug. 21, 1987; 53 FR 43419, Oct. 27, 1988; 64 FR 48948, Sept. 9, 1999; 68 FR 58799, Oct. 10, 2003; 69 FR 2236, Jan. 14, 2004; 69 FR 41749, July 12, 2004; 70 FR 69421, Nov. 16, 2005; 72 FR 33386, Jun. 18, 2007; 74 FR 62679, Dec. 1, 2009]

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NRC website 10 CFR 2.206

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 2.206, Requests for Action Under This Subpart

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10 CFR 2.206, Requests for Action Under This Subpart

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