ML20004D052
| ML20004D052 | |
| Person / Time | |
|---|---|
| Issue date: | 05/19/1981 |
| From: | NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| Shared Package | |
| ML20004D035 | List: |
| References | |
| FRN-46FR20215, REF-10CFR9.7, RULE-PR-2 SECY-81-310, SECY-81-310-ERR, NUDOCS 8106080265 | |
| Download: ML20004D052 (2) | |
Text
4, EL 31:
14
[7590-01]
c
(])
motion.
No further supporting statements or ihsponses thereto shall be entertained.
The board may dismiss summarily motions filed shortly before the hearing commences or during the hearing if the other parties or the board would be reouired to divert substantial resources from the hearing in order to respond adequately to the motion.
l 3.
In i 2.751a, paragraph (d) is revised to read as follows:
(d) The presiding officer shall enter an order which recites the action taken at the conference, the schedule for further actions in the proceed-ing, any agreements by the parties, and which identifies the key issues in the proceeding, makes a preliminary or final determination as to the parties in the proceeding, and provides for the submission of status reports on discovery.
The order shall be served upon c11 parties to the i.
p.:ocee ding.
Objections to the order may be filed hy a party within five (5) days after service of the order, except that the staff may file objec-tions te such crder within ten (10? days after service.
Parties may not file reclies to the obj ections unless the Board so directs.
The filing of objections shall not stay the decision unless the l
presiding officer so orders.
The board may revise the order in consideration of the objections pre-l sented and, as permitted by i 2.718(i), may certify _
for determination to the Commission or the Atomic Safety and Licensing Appeal Board, as appropriate, such matters raised in the objections as it deems appropriate.
The order shall control the subsequent course of the proceeding unless modified for good Cause.
4 In 5 2.752, paragraph (c) is revised to read as follcws :
(c) The presiding officer shall enter an order which recites the action taken at the conference, the amendments allowed to the pleadings and agree-ments by the parties, and which limits the issues or defines the matters in controversy to be deter-mined in the proceeding.
Objections to the order may be filed by a party within five (5) days after service of the order, except that the regulatory 81 og gg0R
.s-15
[7590-01]
staff may file obj ections to such order within ten (10) days after service.
Parties may not file replies to the objections unless tee board so directs.
The filing of objectfons shall not stay the decision unless the presiding officer so orders.
The board may revise the order in the light of the objections presented and, as permitted by 5 2.718(i) may certify for determination to the Commission or the appeal board, as appropriate, such matters raised in the objections as it deems appropriate.
The order shall control the subsequent course of the proceeding unless modified for good cause.
5.
In i 2.754, paragraph (a) is revised to read as follows:
5 2.754 Proposed findings and conclusions.
(a) Any party to a proceeding may, or if ' directed by the presiding officer shall, file proposed find-ings of fact and conclusions of law, briefs and a proposed form or order of decision within the time provided by the following subparagraphs, except as otherwise ordered by the presiding officer:
(1) The party $5e has the burden of proof
^
shall, within thirty (30) days after the record is closed,' file proposed ?Indings of fact and conclu-sions of law and briefs, and a proposed for= of order or decision.
l (2) Other parties may file proposed findings, conclusions of law and briefs within forty (40) days after the record is closed.
However, tne sta:f may file such proposed findings, conclusions of law an'd briefs within fifty (50) days after the record is closed.
I
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