10 CFR 2.335, Consideration of Commission Rules and Regulations In Adjudicatory Proceedings

Consideration of Commission rules and regulations in adjudicatory proceedings

a

(a) Except as provided in paragraphs (b), (c), and (d) of this section, no rule or regulation of the Commission, or any provision thereof, concerning the licensing of production and utilization facilities, source material, special nuclear material, or byproduct material, is subject to attack by way of discovery, proof, argument, or other means in any adjudicatory proceeding subject to this part.

b

(b) A participant to an adjudicatory proceeding subject to this part may petition that the application of a specified Commission rule or regulation or any provision thereof, of the type described in paragraph (a) of this section, be waived or an exception be made for the particular proceeding. The sole ground for petition of waiver or exception is that special circumstances with respect to the subject matter of the particular proceeding are such that the application of the rule or regulation (or a provision of it) would not serve the purposes for which the rule or regulation was adopted. The petition must be accompanied by an affidavit that identifies the specific aspect or aspects of the subject matter of the proceeding as to which the application of the rule or regulation (or provision of it) would not serve the purposes for which the rule or regulation was adopted. The affidavit must state with particularity the special circumstances alleged to justify the waiver or exception requested. Any other participant may file a response by counter-affidavit or otherwise.

c

(c) If, on the basis of the petition, affidavit, and any response permitted under paragraph (b) of this section, the presiding officer determines that the petitioning participant has not made a prima facie showing that the application of the specific Commission rule or regulation (or provision thereof) to a particular aspect or aspects of the subject matter of the proceeding would not serve the purposes for which the rule or regulation was adopted and that application of the rule or regulation should be waived or an exception granted, no evidence may be received on that matter and no discovery, cross examination, or argument directed to the matter will be permitted, and the presiding officer may not further consider the matter.

d

(d) If, on the basis of the petition, affidavit and any response provided for in paragraph (b) of this section, the presiding officer determines that the prima facie showing required by paragraph (b) of this section has been made, the presiding officer shall, before ruling on the petition, certify the matter directly to the Commission (the matter will be certified to the Commission notwithstanding other provisions on certification in this part) for a determination in the matter of whether the application of the Commission rule or regulation or provision thereof to a particular aspect or aspects of the subject matter of the proceeding, in the context of this section, should be waived or an exception made. The Commission may, among other things, on the basis of the petition, affidavits, and any response, determine whether the application of the specified rule or regulation (or provision thereof) should be waived or an exception be made. The Commission may direct further proceedings as it considers appropriate to aid its determination.

e

(e) Whether or not the procedure in paragraph (b) of this section is available, a participant to an initial or renewal licensing proceeding may file a petition for rulemaking under § 2.802.

Federal Register

[[[FR::http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2012_register&page=46593&position=1%7C 77 FR 46593, Aug. 3, 2012]]]

External Links

[[URL::http://www.nrc.gov/reading-rm/doc-collections/cfr/part002/part002-0335.html%7CNRC website 10 CFR 2.335]]

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 2.335, Consideration of Commission Rules and Regulations In Adjudicatory Proceedings

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10 CFR 2.335, Consideration of Commission Rules and Regulations In Adjudicatory Proceedings

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e

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