ML20207D909
| ML20207D909 | |
| Person / Time | |
|---|---|
| Issue date: | 05/24/1999 |
| From: | Vietticook A NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| FRN-64FR29246, RULE-PR-2 PR-990524, NUDOCS 9906040105 | |
| Download: ML20207D909 (5) | |
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10 CFR PART 2 il ADJ l
RIN: 3150-AG27 FORMAL AND INFORMAL ADJUDICATORY HEARING PROCEDURES; CLARIFICATION OF ELIGIBILITY TO PARTICIPATE I
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.
h ll lU9 DATES: Comments on the proposed rule must be received on or before [30 days after the d2tc of p !!c Sr. lr. the FWm a; Raw =im].
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- ADDRESSES: Mail any comments to: Secretary, U.S. Nuclear Regulatory Commission,
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Washington, D.C. 20555, Attention: Rulemakings and Adjudications Staff.
(9060,105990524 r l# I'\(TT
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. Hand deliver comments to 11555 Rockville Pike, Rockville,' Maryland,20852, between l l
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- 7:30 am and 4:15 Eastem time on Federal workdays.-
You may also provide comments via the NRC's interactive rulemaking website through the NRC home page (htto://www.nrc.aov). 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 CAGOnrc.aov.
Copies of any comments received may be examined at the NRC Public Document Room,2120 L Street NW, (Lower Level), Washington, D.C.
i 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.aov. 1 l
l SUPPLEMENTARY INFORMATION:
For additional information, see the Direct Final Rule published in the Rul6s and j Regulations section of this Federal Register, j
. Because the NRC considers this action noncontroversiel nnd routine, the NRC 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 NRC receives significant adverse comments by [30 days from the date of this Notice), the NRC will publish a notice that withdraws this action pending review of the comments, and will address those comments in a subsequent final rule. The NRC will not initiate a second comment period on this action.
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List of Subjects )
. 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 I
disposal. '
For the reasons set out in the preamble and under the authority cf the Atomic Energy 1 l
Act, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 553, the i l
NRC is proposing to adopt the following amendments to 10 CFR Part 2. l l
l 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 '.J.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 issoed under secs. 102,103,104,105, 1831 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 x issued under sec. 6, Pub. L.91-560, 84 Stat.1473 (42 U.S.C. 2139
- 2. In $2.715, paragraph (c) is revised to read as follows; I
~ $2.715 Participation by a person not a party. 1 (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 representatlve to take a position with respect to the issue.
Such participants may also file proposed findings and exceptions pursuant to 662.754 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 I
hearing, the subject matters on which he desires to participate.
I l~ 3. In $2.1211, paragraph (b) is revised to read as follows: ;
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$2.1211 Participation by a person not a party.
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(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 $2.1205(j),
L i the representative of an interested State, county, municipality, Federally-recognized Indian l
' 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 l
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the requester's area of concem 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 1
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L 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 d4%. day of May,1999.
For the Nuclear Regulatory Commission.
M o CtX4 ~
Annette Vietti-Cook, Secretary of the Commission.
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