10 CFR 2.710, Motions for Summary Disposition

Motions for summary disposition

a

(a) Any party to a proceeding may move, with or without supporting affidavits, for a decision by the presiding officer in that party's favor as to all or any part of the matters involved in the proceeding. Summary disposition motions must be filed no later than 20 days after the close of discovery. The moving party shall attach to the motion a short and concise statement of the material facts as to which the moving party contends that there is no genuine issue to be heard. Any other party may serve an answer supporting or opposing the motion, with or without affidavits, within 20 days after service of the motion. The party shall attach to any answer opposing the motion a short and concise statement of the material facts as to which it is contended there exists a genuine issue to be heard. All material facts set forth in the statement required to be served by the moving party will be considered to be admitted unless controverted by the statement required to be served by the opposing party. The opposing party may, within 10 days after service, respond in writing to new facts and arguments presented in any statement filed in support of the motion. No further supporting statements or responses to the motion will be entertained.

b

(b) Affidavits must set forth the facts that would be admissible in evidence, and must demonstrate affirmatively that the affiant is competent to testify to the matters stated in the affidavit. The presiding officer may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories or further affidavits. When a motion for summary decision is made and supported as provided in this section, a party opposing the motion may not rest upon the mere allegations or denials of his answer. The answer by affidavits or as otherwise provided in this section must set forth specific facts showing that there is a genuine issue of fact. If no answer is filed, the decision sought, if appropriate, must be rendered.

c

(c) Should it appear from the affidavits of a party opposing the motion that he or she cannot, for reasons stated, present by affidavit facts essential to justify the party's opposition, the presiding officer may refuse the application for summary decision, order a continuance to permit affidavits to be obtained, or make an order as is appropriate. A determination to that effect must be made a matter of record.

d

(d)(1) The presiding officer need not consider a motion for summary disposition unless its resolution will serve to expedite the proceeding if the motion is granted. The presiding officer may dismiss summarily or hold in abeyance untimely motions filed shortly before the hearing commences or during the hearing if the other parties or the presiding officer would be required to divert substantial resources from the hearing in order to respond adequately to the motion and thereby extend the proceeding.

(2) The presiding officer shall render the decision sought if the filings in the proceeding, depositions, answers to interrogatories, and admissions on file, together with the statements of the parties and the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a decision as a matter of law. However, in any proceeding involving a construction permit for a production or utilization facility, the procedure described in this section may be used only for the determination of specific subordinate issues and may not be used to determine the ultimate issue as to whether the permit shall be issued.

e

(e) The presiding officer shall issue an order no later than forty (40) days after any responses to the summary disposition motion are filed, indicating whether the motion is granted, or denied, and the bases therefore.

Federal Register

[[[FR::http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2012_register&page=46598&position=1%7C 77 FR 46598, Aug. 3, 2012]]]

External Links

[[URL::http://www.nrc.gov/reading-rm/doc-collections/cfr/part002/part002-0710.html%7CNRC website 10 CFR 2.710]]

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 2.710, Motions for Summary Disposition

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10 CFR 2.710, Motions for Summary Disposition

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