ML23153A094
| ML23153A094 | |
| Person / Time | |
|---|---|
| Issue date: | 06/01/1999 |
| From: | Annette Vietti-Cook NRC/SECY |
| To: | |
| References | |
| PR-002, 64FR29246 | |
| Download: ML23153A094 (1) | |
Text
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 PROCEDURES; CLARIFICATION OF ELIGIBILITY TO FORMAL AND INFORMAL ADUDICATORY HEARING PARTICIPATE
DATE TITLE OR DOCKETED DATE OF DOCUMENT DESCRIPTION OF DOCUMENT
05/25/99 05/24/99 FEDERAL REGISTER NOTICE - PROPOSED RULE
- PROPOSED RULE r, dl. DOCKET NUMBER Dft
OC KETr n ftJ 'IF l<ol9tfi41s:,) l[l7500-.01-P]
NUCLEAR REGULATORY COMMISSION *oo MAY 25 P 1 : 1 2
(
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 'l 19 9?
DA T ES: Comments on the proposed rule must be received on or before (30 say& after the sale
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 Lev el), 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.
1 List of Subjects
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
- Act, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 553, the
NRC is proposing to adopt the following amendments to 1 0 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,.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.
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 amende d (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 Sta t. 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).
2 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, in terrogate 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
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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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