10 CFR 2.702, Subpoenas

Subpoenas

a

(a) On application by any party, the designated presiding officer or, if he or she is not available, the Chief Administrative Judge, or other designated officer will issue subpoenas requiring the attendance and testimony of witnesses or the production of evidence. The officer to whom application is made may require a showing of general relevance of the testimony or evidence sought, and may withhold the subpoena if such a showing is not made. However, the officer may not determine the admissibility of evidence.

b

(b) Every subpoena will bear the name of the Commission, the name and office of the issuing officer and the title of the hearing, and will command the person to whom it is directed to attend and give testimony or produce specified documents or other things at a designated time and place. The subpoena will also advise of the quashing procedure provided in paragraph (f) of this section.

c

(c) Unless the service of a subpoena is acknowledged on its face by the witness or is served by an officer or employee of the Commission, it must be served by a person who is not a party to the hearing and is not less than eighteen (18) years of age. Service of a subpoena must be made by delivery of a copy of the subpoena to the person named in it and tendering that person the fees for one day's attendance and the mileage allowed by law. When the subpoena is issued on behalf of the Commission, fees and mileage need not be tendered and the subpoena may be served by registered mail.

d

(d) Witnesses summoned by subpoena must be paid the fees and mileage paid to witnesses in the district courts of the United States by the party at whose instance they appear.

e

(e) The person serving the subpoena shall make proof of service by filing the subpoena and affidavit or acknowledgment of service with the officer before whom the witness is required to testify or produce evidence or with the Secretary. Failure to make proof of service does not affect the validity of the service.

f

(f) On motion made promptly, and in any event at or before the time specified in the subpoena for compliance by the person to whom the subpoena is directed, and on notice to the party at whose instance the subpoena was issued, the presiding officer or, if he is unavailable, the Commission may:

(1) Quash or modify the subpoena if it is unreasonable or requires evidence not relevant to any matter in issue, or

(2) Condition denial of the motion on just and reasonable terms.

g

(g) On application and for good cause shown, the Commission will seek judicial enforcement of a subpoena issued to a party and which has not been quashed.

h

(h) The provisions of paragraphs (a) through (g) of this section are not applicable to the attendance and testimony of the Commissioners or NRC personnel, or to the production of records or documents in their custody.

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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 2.702, Subpoenas

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10 CFR 2.702, Subpoenas

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g

h

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