ML23153A094

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PR-002 - 64FR29246 - Formal and Informal Adjudicatory Hearing Procedures; Clarification of Eligibility to Participate
ML23153A094
Person / Time
Issue date: 06/01/1999
From: Annette Vietti-Cook
NRC/SECY
To:
References
PR-002, 64FR29246
Download: ML23153A094 (1)
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Text

ADAMS Template: SECY-067 DOCUMENT DATE: 06/01/1999 TITLE: PR-002 - 64FR29246 - FORMAL AND INFORMAL ADJUDICATORY HEARING PROCEDURES; CLARIFICATION OF ELIGIBILITY TO PARTICIPATE CASE

REFERENCE:

PR-002 64FR29246 KEYWORD: RULEMAKING COMMENTS Document Sensitivity: Non-sensitive - SUNSI Review Complete

DOCKET NO. PR-OO2 (64FR29246)

In the Matter of FORMAL AND INFORMAL ADUDICATORY HEARING PROCEDURES; CLARIFICATION OF ELIGIBILITY TO PARTICIPATE DATE DATE OF TITLE OR DOCKETED DOCUMENT DESCRIPTION OF DOCUMENT

05/25/99 05/24/99 FEDERAL REGISTER NOTICE - PROPOSED RULE

  • DOCKET NUMBER Dft PROPOSED RULE r, dl. OC KETr n ftJ 'IF l<ol9tfi41s:,) l[l7500-.01-P]

NUCLEAR REGULATORY COMMISSION

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10 CFR PART 2 A.~ I RIN: 3150-AG27 FORMAL AND INFORMAL ADJUDICATORY HEARING PROCEDURES; CLARIFICATION OF ELIGIBILITY TO PARTICIPATE AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule

SUMMARY

The Nuclear Regulatory Commission (NRC) is amending its regulations governing participation in adjudicatory proceedings conducted under its Rules of Practice to clarify that Federally-recognized Indian tribal governments are entitled to participate in these proceedings on the same basis as other governmental units.

9'4 DATES: Comments on the proposed rule must be received on or before (30 say& after the sale

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of publiGaUor, il"I the Fsde,al ~egister].

ADDRESSES: Mail any comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, Attention: Rulemakings and Adjudications Staff.

Hand deliver comments to 11555 Rockville Pike, Rockville, Maryland, 20852, between 7:30 am and 4:15 Eastern time on Federal workdays.

You may also provide comments via the NRC's interactive rulemaking website through the NRG home page (http://www.nrc.gov). This site provides the availability to upload comments as files (any format) if your web browser supports that function. For information about the NRC's interactive rulemaking website, contact Ms. Carol Gallagher, (301) 415-5905; email CAG@nrc.gov.

Copies of any comments received may be examined at the NRG Public Document

  • Room, 2120 L Street NW. (Lower Level), Washington, D.C.

FOR FURTHER INFORMATION CONTACT: Charles E. Mullins, Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001; telephone (301) 415-1606; e-mail: CEM@nrc.gov.

SUPPLEMENTARY INFORMATION:

For additional information, see the Direct Final Rule published in the Rules and Regulations section of this Federal Register.

Because the NRG considers this action noncontroversial and routine, the NRG is publishing the rule in final form without seeking public comments on the amendments in a proposed rule. This action will become effective on [60 days from the date of this publication].

However, if the NRG receives significant adverse comments by [30 days from the date of this Notice], the NRG will publish a notice that withdraws this action pending review of the comments, and will address those comments in a subsequent final rule. The NRG will not initiate a second comment period on this action.

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List of Subjects 10 CFR Part 2 Administrative practice and procedure, Antitru~t, 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

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, .1s amended (42 '_' .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).

Sections 2.200-2.206 also issued under secs. 161 b, i, o, 182,186,234, 68 Stat. 948-951, 955, 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).

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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 sec. 6, Pub. L.91-560, 84 Stat. 1473 (42 U.S.C. 2135).

2. In §2.715, paragraph (c) is revised to read as follows:

§2.715 Participation by a person not a party.

(c) The presiding officer will afford representatives of an interested State, county, municipality, Federally-recognized Indian Tribe, and/or agencies thereof, a reasonable opportunity to participate and to introduce evidence, interrogate witnesses, and advise the

  • Commission without requiring the representative to take a position with respect to the issue.

Such participants may also file proposed findings and exceptions pursuant to §§2.754 and

2. 762 and petitions for review by the Commission pursuant to §2. 786. The presiding officer may require such representative to indicate with reasonable specificity, in advance of the hearing, the subject matters on which he desires to participate.
3. In §2.1211, paragraph (b) is revised to read as follows:
  • §2.1211 Participation by a person not a party.

(b) Within 30 days of an order granting a request for a hearing under §2.1205 (b)-(d) or, in instances when it is published, within 30 days of notice of hearing issued under §2.12050),

the representative of an interested State, county, municipality, Federally-recognized Indian Tribe, and/or agencies thereof, may request an opportunity to participate in a proceeding under this subpart. The request for an opportunity to participate must state with reasonable specificity the requester's area of concern about the licensing activity that is the subject matter of the proceeding. Upon receipt of a request that is filed in accordance with these time limits and that 3

specifies the requester's areas of concern, the presiding officer shall afford the requester a reasonable opportunity to make written and oral presentations in accordance with §§2.1233 and 2.1235, without requiring the representative to take a position with respect to the issues.

Participants under this subsection may notice an appeal of an initial decision in accordance with

§2.1253 with respect to any issue on which they participate.

Dated at Rockville, Maryland, this d.tfh day of May, 1999.

For the Nuclear Regulatory Commission .

~_,:u:._.tL~-%V Annette Vietti-Cook, Secretary of the Commission.

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