ML20207D858
| ML20207D858 | |
| Person / Time | |
|---|---|
| Issue date: | 05/24/1999 |
| From: | Vietticook A NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| FRN-60FR37374, RULE-PR-2, RULE-PR-50, RULE-PR-51 NUDOCS 9906040097 | |
| Download: ML20207D858 (6) | |
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l RIN: 3150-AG28 INFORMAL HEARING PROCEDURES FOR ADJUDICATIONS IN MATERIALS AND OPERATOR LICENSING PROCEEDINGS:
MINOR AMENDMENTS AGENCY: Nuclear Regulatory Commission.
ACTiUN: Final rule.
SUMMARY
- The Nuclear Regulatory Commission (NRC) is amending its regulations governing the filing and service of Requests for Hearings and Petitions for Leave to Intervene in " informal" materials and operator licensing proceedings conducted under its Rules of Practice. This action is necessary to correct a cross-referencing error in the provisions concerning the method of filing documents and to change the method of service of pleadings on the NRC Staff.
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FOR FURTHER INFORMATION CONTACT: Charles E. Mullins, Office of the General Counsel, l U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001; telephone (301) 415-
' 1606; e-mail: CEM@nrc.aov.
SUPPLEMENTARY INFORMATION- I l
Background .
These amendments are designed to correct two minor errors in an earlier rulemaking !
and to make two minor changes regarding service of pleadings on the NRC Staff as a party in l these proceedings. First, this rulemaking corre s a typographical error in the printing of a final Stl7F rule published July 29,1996 (61 FR 30076), amending Subpart L. That final rule included a reference in 10 CFR 2.1203(e) to 10 CFR 2.1205(R). The cross-reference to paragraph (R) l should have appeared as a cross-reference to paragraph (k), as set out in the original proposed rule. The Commission is correcting that cross-reference.
Second, the 1996 rulemaking inserted a new paragraph (c) in 10 CFR 2.1205 and renumbered the existing paragraph (c) as paragraph (d) and all subsequent paragraphs accordingly. However, the rulemaking failed to correct a cross-reference to the original paragraph (c), now paragraph (d), in the original paragraph (f), now paragraph (g). The Commission is correcting that cross-reference. !
Third, this rulemaking makes two minor changes in the service of specific pleadings in
' these proceedings by designating that service of Requests for Hearings and Petitions for Leave ;
to Intervene on the NRC Staff shall be made by serving those documents on the General !
Counsel, rather than on the Executive Director for Operations as currently required. Eventually, the Executive Director for Operations must refer any pleading to the General Counsel for a response to the Presiding Officer. The Commission has found that pleadings are sometimes 2
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Because these amendments are administrative in nature and deal solely with agency practice and procedure, the notice and comment provisions of the Administrative Procedure Act do not apply under 5 U.S.C. 553(b)(A). In addition, good cause exists to dispense with the usual 30-day delay because the amendments are of a corrective and administrative nature dealing with a matter of agency conduct, a change in the manner in which proceedings shall be served on the NRC Staff. Accordingly, these amendments are effective upon publication in the Federal Register.
Environmental Impact: Categorical Exclusion The NRC has determined that this final rde is the type of action described in categorical exclusion 10 CFR 51.22(c)(1). Therefore, neither an b?vironmental impact statement nor an
- environmental assessment has been prepared for this final regulation.
Paperwork Reduction Act Statement This final rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Regulatory Analysis A regulatory analysis has not been prepared for this final rule because this rule is considered a minor non-substantive amendment; it has no economic impact on NRC licensees.
or the public.
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Backfit Analysis
- The NRC has determined that the backfit rule,10 CFR 50.109, does not apply to this final rule and, therefore, that a backfit analysis is not required for this final rule because these amendments do not impose any provisions that would impose backfits as defined in 10 CFR Chapter 1.
List of Subjects, 10 CFR Part 2 Administrative practice and procedure, Antitrust, Byproduct material, Classified information, Environmental protection, Nuclear materials, Nuclear power plants and reactors, Penalties, Sex discrimination, Source material, Special nuclear material, Waste treatment and disposal.
For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C.
552 and 553, the NRC is adopting the following amendments to 10 CFR Part 2.
PART 2 - RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS
- 1. The authority citation for Part 2 continues to read as follows:
AUTHORITY: secs. 161,181,68 Stat. 948,953, as amended (42 U.S.C. 2201,2231);
sec.191, as amended, Pub. L.87-615,76 Stat. 409 (42 U.S.C. 2241); sec. 201,88 Stat.1242, as amended (42 U.S.C. 5841); 5 U.S.C. 552.
Section 2.101 also issued under secs. 53,62,63,81,103,104,105,68 Stat. 930,932, 933, 935, 936, 937, 938, as amended (42 U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, 2135);
sec.114 (f); Pub. L.97-425, 96 Stat. 2213, as amended (42 U.S.C.10143 (f)); sec.102, Pub.
- L.91-190,83 Stat. 853, as amended (42 U.S.C. 4332); sec. 301,88 Stat.1248 (42 U.S.C.
5871). Section 2.102, 2.103, 2.104,2.105, 2.721 also issued under secs. 102,103,104,105, 183i 189,68 Stat. 936,937,938,954,955, as amended (42 U.S.C. 2132,2133,2134,2135, 2233,2239). Section 2.105 also issued under Pub. L.97-415, 96 Stat. 2073 (42 U.S.C. 2239).
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r i :1 Sections 2.200-2.206 also issued under secs.161 b, i, o,182,186, 234, 68 Stat. 948-951, 955, l 83 Stat. 444, as amended (42 U.S.C. 2201 (b), (i), (o), 2236, 2282); sec. 206,88 Stat 1246 (42 U.S.C. 5846). Sections 2.205 (j) also issued under Pub. L. 101-410,104 Stat. 90, as amended by section 3100 (s), Pub. L.104-134,110 Stat.1321-373 (28 U.S.C.2461 note). Section 2.600-2.606 also issued under sec.102, Pub. L.91-190,83 Stat. 853, as amended (42 U.S.C. 4332).
~Section 2.700a,2.719 also issued under 5 U.S.C. 554. Sections 2.754,2.760,2.770,2.780 also issued under 5 U.S.C. 557. Section 2.764 also issued under secs. 135,141, Pub. L. 97-
- 425,96 Stat. 2232,2241 (42 U.S.C.10155,10161). Section 2.790 also issued under sec.103, 68 Stat. 936, as amended (42 U.S.C. 2133) and 5 U.S.C. 552. Sections 2.800 and 2.808 also issued under 5 U.S.C. 553, Section 2.809 also issued under 5 U.S.C. 553, and sec. 29, Pub. L.85-256,71 Stat. 579, as amended (42 U.S.C. 2039). Subpart K also issued under sec.189,68 Stat. 955 (42 U.S.C. 2239); sec.134, Pub. L.97-425,96 Stat. 2230 (42 U.S.C.10154).
Subpart L also issued under sec.189,68 Stat. 955 (42 U.S.C. 2239). Subpart M also issued under sec.184 (42 U.S.C. 2234) and sec.189,68 Stat. 955 (42 U.S.C. 2239). Appendix A also issued under se::. 6, Pub. L.91-560,84 Stat.1473 (42 U.S.C. 2135).
- 2. In s2.1203, paragraph (e) is revised to read as follows:
62.1203 Docket; filing; service.
(e) A request for a hearing or a petition for leave to intervene must be served in accordance with $2.712 and 992.1205 (t) and (k). All other documents issued by the presiding officer or the Commission or offered for filing are served in accordance with 2.712.
- 3. In 62.1205, paragraphs (f)(2), (k)(1)(i), and (k)(1)(ii) are revised to read as follows:
Q2.1205 Request for a hearing; Petition for leave to intervene.
l (f)***
l (2) The NRC Staff, by delivery to the General Counsel, One White Flint North,11555 )
I Rockville Pike, Rockville, MD 20852, or by mail addressed to the General Counsel, U.S. !
i Nuclear Regulatory Commission, Washington, D.C. 20555. )
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(g) Within ten (10) days of service of a request for a hearing filed under paragraph (d) of
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this section, the applicant may file an answer. The NRC staff, if it chooses or if it is ordered to participate as a party under $2.1213, may file an answer to a ' request for a hearing within ten (10) days bf the designation'of the presiding officer.
(k) * * *
(1);* * * -
(i) By delivery to the General Counsel, One' White Flint North,11555 Rockville Pike, Rockville, MD 20852; or (ii) By mail addressed to the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC'20555.
Dated a' t Rockville, Maryland, this &, day of May,1999.
For the Nuclear Reg'ulatory Commission.
h .M I s' ctt$ ~
'Annette Vietti-Cook, Secretary of the Commission..
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