10 CFR 2.1019 - Depositions. | Title 10 - Energy | Code of Federal Regulations

§ 2.1019

Depositions.

(a) Any party or interested governmental participant desiring to take the testimony of any person by deposition on oral examination shall, without leave of the Commission or the Presiding Officer, give reasonable notice in writing to every other party and interested governmental participant, to the person to be examined, and to the Presiding Officer of the proposed time and place of taking the deposition; the name and address of each person to be examined, if known, or if the name is not known, a general description sufficient to identify him or her or the class or group to which he or she belongs, the matters upon which each person will be examined and the name or descriptive title and address of the officer before whom the deposition is to be taken.

(b) Within the United States, a deposition may be taken before any officer authorized to administer oaths by the laws of the United States or of the place where the examination is held. Outside of the United States, a deposition may be taken before a secretary of an embassy or legation, a consul general, vice consul or consular agent of the United States, or a person authorized to administer oaths designated by the Commission. Depositions may be conducted by telephone or by video teleconference at the option of the party or interested governmental participant taking the deposition.

(c) The deponent shall be sworn or shall affirm before any questions are put to him or her. Examination and cross-examination shall proceed as at a hearing. Each question propounded shall be recorded and the answer taken down in the words of the witness. Objections on questions of evidence shall be noted in short form without the arguments. The officer shall not decide on the competency, materiality, or relevancy of evidence but shall record the evidence subject to objection. Objections on questions of evidence not made before the officer shall not be deemed waived unless the ground of the objection is one which might have been obviated or removed if presented at that time.

(d) When the testimony is fully transcribed, the deposition shall be submitted to the deponent for examination and signature unless the deponent is ill or cannot be found or refuses to sign. The officer shall certify the deposition or, if the deposition is not signed by the deponent, shall certify the reasons for the failure to sign, and shall promptly transmit an electronic copy of the deposition to the Secretary of the Commission for entry into the electronic docket.

(e) Where the deposition is to be taken on written questions as authorized under § 2.1018(a)(2), the party or interested governmental participant taking the deposition shall electronically serve a copy of the questions, showing each question separately and consecutively numbered, on every other party and interested governmental participant with a notice stating the name and address of the person who is to answer them, and the name, description, title, and address of the officer before whom they are to be asked. Within ten days after service, any other party or interested governmental participant may serve cross-questions. The questions, cross-questions, and answers shall be recorded and signed, and the deposition certified, returned, and transmitted in electronic form to the Secretary of the Commission for entry into the electronic docket as in the case of a deposition on oral examination.

(f) A deposition will not become a part of the evidentiary record in the hearing unless received in evidence. If only part of a deposition is offered in evidence by a party or interested governmental participant, any other party or interested governmental participant may introduce any other parts. A party or interested governmental participant shall not be deemed to make a person its own witness for any purpose by taking his or her deposition.

(g) A deponent whose deposition is taken and the officer taking a deposition shall be entitled to the same fees as are paid for like services in the district courts of the United States, to be paid by the party or interested governmental participant at whose instance the deposition is taken.

(h) The deponent may be accompanied, represented, and advised by legal counsel.

(i) (1) After receiving written notice of the deposition under paragraph (a) or paragraph (e) of this section, and ten days before the scheduled date of the deposition, the deponent shall submit an electronic index of all documents in his or her possession, relevant to the subject matter of the deposition, including the categories of documents set forth in paragraph (i)(2) of this section, to all parties and interested governmental participants. The index shall identify those records which have already been made available electronically. All documents that are not identical to documents already made available electronically, whether by reason of subsequent modification or by the addition of notations, shall be treated as separate documents.

(2) The following material is excluded from the initial requirements of § 2.1003 to be made available electronically, but is subject to derivative discovery under paragraph (i)(1) of this section—

(i) Personal records;

(ii) Travel vouchers;

(iii) Speeches;

(iv) Preliminary drafts;

(v) Marginalia.

(3) Subject to paragraph (i)(6) of this section, any party or interested governmental participant may request from the deponent a paper copy of any or all of the documents on the index that have not already been provided electronically.

(4) Subject to paragraph (i)(6) of this section, the deponent shall bring a paper copy of all documents on the index that the deposing party or interested governmental participant requests that have not already been provided electronically to an oral deposition conducted pursuant to paragraph (a) of this section, or in the case of a deposition taken on written questions pursuant to paragraph (e) of this section, shall submit such documents with the certified deposition.

(5) Subject to paragraph (i)(6) of this section, a party or interested governmental participant may request that any or all documents on the index that have not already been provided electronically, and on which it intends to rely at hearing, be made electronically available by the deponent.

(6) The deposing party or interested governmental participant shall assume the responsibility for the obligations set forth in paragraphs (i)(1), (i)(3), (i)(4), and (i)(5) of this section when deposing someone other than a party or interested governmental participant.

[54 FR 14944, Apr. 14, 1989, as amended at 56 FR 7797, Feb. 26, 1991; 63 FR 71740, Dec. 30, 1998; 69 FR 2266, Jan. 14, 2004]

Title 10 published on 2012-01-01

The following are only the Rules published in the Federal Register after the published date of Title 10.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

2012-09-04; vol. 77 # 171 - Tuesday, September 4, 2012

77 FR 53769 - Receipts-Based, Small Business Size Standard; Confirmation of Effective Date

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-21630
RIN	3150-AJ14
	NRC-2012-0062

NUCLEAR REGULATORY COMMISSION

Direct final rule; confirmation of effective date.

The effective date of August 22, 2012, is confirmed for this direct final rule.

10 CFR Parts 2 and 171

Summary

The U.S. Nuclear Regulatory Commission (NRC) is confirming the effective date of August 22, 2012, for the direct final rule that appeared in the Federal Register of July 3, 2012 (77 FR 39385). This direct final rule amended the size standard that the NRC uses to qualify an NRC licensee as a “small entity” under the Regulatory Flexibility Act of 1980, as amended. The NRC is increasing its receipts-based, small business size standard from $6.5 million to $7 million to conform to the standard set by the Small Business Administration (SBA). This document confirms the effective date.

2012-08-28; vol. 77 # 167 - Tuesday, August 28, 2012

77 FR 51880 - Requirements for Maintenance of Inspections, Tests, Analyses, and Acceptance Criteria

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-21207
RIN	3150-AI77
	NRC-2010-0012

NUCLEAR REGULATORY COMMISSION

Final rule and regulatory guide, issuance.

The effective date is September 27, 2012.

10 CFR Parts 2 and 52

Summary

The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending its regulations related to verification of nuclear power plant construction activities through inspections, tests, analyses, and acceptance criteria (ITAAC) under a combined license, and issuing a revision to Regulatory Guide (RG) 1.215, “Guidance for ITAAC Closure Under 10 CFR [Title 10 of the Code of Federal Regulations ] Part 52.” The final rule contains new provisions that apply after a licensee has completed an ITAAC and submitted an ITAAC closure notification. The new provisions require licensees to report new information materially altering the basis for determining that inspections, tests, or analyses were performed as required, or that acceptance criteria are met, and to notify the NRC of the completion of all ITAAC activities. In addition, the NRC is including editorial corrections to existing language in the NRC's regulations to make that language consistent with language in the Atomic Energy Act of 1954, as amended (AEA). Regulatory Guide 1.215 describes a method that the staff of the NRC considers acceptable for use in satisfying the requirements for documenting the completion of ITAAC.

2012-08-03; vol. 77 # 150 - Friday, August 3, 2012

77 FR 46562 - Amendments to Adjudicatory Process Rules and Related Requirements

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-18278
RIN	3150-AI43
	NRC-2008-0415

NUCLEAR REGULATORY COMMISSION

Final rule.

The effective date is September 4, 2012.

10 CFR Parts 2, 12, 51, 54, and 61

Summary

The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending its adjudicatory rules of practice. This rule makes changes to the NRC's adjudicatory process that the NRC believes will promote fairness, efficiency, and openness in NRC adjudicatory proceedings. This rule also corrects errors and omissions that have been identified since the major revisions to the NRC's rules of practice in early 2004.

2012-07-03; vol. 77 # 128 - Tuesday, July 3, 2012

77 FR 39385 - Receipts-Based, Small Business Size Standard

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-16252
RIN	3150-AJ14
	NRC-2012-0062

NUCLEAR REGULATORY COMMISSION

Direct final rule.

The direct final rule will become effective on August 22, 2012, unless significant adverse comments on the amendment are received by August 2, 2012. If the rule is withdrawn as a result of such comments, timely notice of the withdrawal will be published in the Federal Register . Comments received after August 2, 2012 will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date.

10 CFR Parts 2 and 171

Summary

The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending the size standard that it uses to qualify an NRC licensee as a “small entity” under the Regulatory Flexibility Act of 1980, as amended. The NRC is increasing its receipts-based, small business size standard from $6.5 million to $7 million to conform to the standard set by the Small Business Administration (SBA). This size standard reflects the most commonly used SBA size standard for nonmanufacturing industries. The SBA adjusted this standard on July 18, 2008 (73 FR 41237), to account for inflation.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code

USC : Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

§ 552 - Public information; agency rules, opinions, orders, records, and proceedings

§ 553 - Rule making

§ 554 - Adjudications

§ 557 - Initial decisions; conclusiveness; review by agency; submissions by parties; contents of decisions; record

USC : Title 28 - JUDICIARY AND JUDICIAL PROCEDURE

§ 2461 note - Mode of recovery

U.S.C. : Title 42 - THE PUBLIC HEALTH AND WELFARE

§ 2039 - Advisory Committee on Reactor Safeguards; composition; tenure; duties; compensation

§ 2073 - Domestic distribution of special nuclear material

§ 2092 - License requirements for transfers

§ 2093 - Domestic distribution of source material

§ 2111 - Domestic distribution

§ 2132 - Utilization and production facilities for industrial or commercial purposes

§ 2133 - Commercial licenses

§ 2134 - Medical, industrial, and commercial licenses

§ 2135 - Antitrust provisions governing licenses

§ 2167 - Safeguards information

§ 2169 - Fingerprinting for criminal history record checks

§ 2201 - General duties of Commission

§ 2231 - Applicability of administrative procedure provisions; definitions

§ 2233 - Terms of licenses

§ 2234 - Inalienability of licenses

§ 2236 - Revocation of licenses

§ 2239 - Hearings and judicial review

§ 2241 - Atomic safety and licensing boards; establishment; membership; functions; compensation

§ 2282 - Civil penalties

§ 4332 - Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts

§ 5841 - Establishment and transfers

§ 5846 - Compliance with safety regulations

§ 5871 - Transitional provisions

§ 10143 - Title to material

§ 10154 - Licensing of facility expansions and transshipments

§ 10155 - Storage of spent nuclear fuel

§ 10161 - Monitored retrievable storage

USC : Title 44 - PUBLIC PRINTING AND DOCUMENTS

§ 3504 note - Authority and functions of Director

Title 10 published on 2012-01-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 10 CFR 2 after this date.

2013-04-05; vol. 78 # 66 - Friday, April 5, 2013

78 FR 20498 - Potential Changes to Interlocutory Appeals Process for Adjudicatory Decisions

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-07960
RIN	3150-AJ24
	NRC-2013-0050

NUCLEAR REGULATORY COMMISSION

Advance notice of proposed rulemaking.

Submit comments by July 5, 2013. Comments received after this date will be considered if it is practical to do so, but the NRC is only able to ensure consideration of comments received on or before this date.

10 CFR Part 2

Summary

The U.S. Nuclear Regulatory Commission (NRC) is issuing this Advance Notice of Proposed Rulemaking (ANPR) to begin the process of potentially amending its regulations to change the interlocutory appeals process for certain adjudicatory decisions. The NRC seeks public comment on these potential changes to the interlocutory appeals process.

2012-09-04; vol. 77 # 171 - Tuesday, September 4, 2012

77 FR 53769 - Receipts-Based, Small Business Size Standard; Confirmation of Effective Date

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-21630
RIN	3150-AJ14
	NRC-2012-0062

NUCLEAR REGULATORY COMMISSION

Direct final rule; confirmation of effective date.

The effective date of August 22, 2012, is confirmed for this direct final rule.

10 CFR Parts 2 and 171

Summary

The U.S. Nuclear Regulatory Commission (NRC) is confirming the effective date of August 22, 2012, for the direct final rule that appeared in the Federal Register of July 3, 2012 (77 FR 39385). This direct final rule amended the size standard that the NRC uses to qualify an NRC licensee as a “small entity” under the Regulatory Flexibility Act of 1980, as amended. The NRC is increasing its receipts-based, small business size standard from $6.5 million to $7 million to conform to the standard set by the Small Business Administration (SBA). This document confirms the effective date.

2012-08-28; vol. 77 # 167 - Tuesday, August 28, 2012

77 FR 51880 - Requirements for Maintenance of Inspections, Tests, Analyses, and Acceptance Criteria

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-21207
RIN	3150-AI77
	NRC-2010-0012

NUCLEAR REGULATORY COMMISSION

Final rule and regulatory guide, issuance.

The effective date is September 27, 2012.

10 CFR Parts 2 and 52

Summary

The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending its regulations related to verification of nuclear power plant construction activities through inspections, tests, analyses, and acceptance criteria (ITAAC) under a combined license, and issuing a revision to Regulatory Guide (RG) 1.215, “Guidance for ITAAC Closure Under 10 CFR [Title 10 of the Code of Federal Regulations ] Part 52.” The final rule contains new provisions that apply after a licensee has completed an ITAAC and submitted an ITAAC closure notification. The new provisions require licensees to report new information materially altering the basis for determining that inspections, tests, or analyses were performed as required, or that acceptance criteria are met, and to notify the NRC of the completion of all ITAAC activities. In addition, the NRC is including editorial corrections to existing language in the NRC's regulations to make that language consistent with language in the Atomic Energy Act of 1954, as amended (AEA). Regulatory Guide 1.215 describes a method that the staff of the NRC considers acceptable for use in satisfying the requirements for documenting the completion of ITAAC.

2012-08-03; vol. 77 # 150 - Friday, August 3, 2012

77 FR 46562 - Amendments to Adjudicatory Process Rules and Related Requirements

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-18278
RIN	3150-AI43
	NRC-2008-0415

NUCLEAR REGULATORY COMMISSION

Final rule.

The effective date is September 4, 2012.

10 CFR Parts 2, 12, 51, 54, and 61

Summary

The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending its adjudicatory rules of practice. This rule makes changes to the NRC's adjudicatory process that the NRC believes will promote fairness, efficiency, and openness in NRC adjudicatory proceedings. This rule also corrects errors and omissions that have been identified since the major revisions to the NRC's rules of practice in early 2004.

2012-07-03; vol. 77 # 128 - Tuesday, July 3, 2012

77 FR 39385 - Receipts-Based, Small Business Size Standard

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-16252
RIN	3150-AJ14
	NRC-2012-0062

NUCLEAR REGULATORY COMMISSION

Direct final rule.

The direct final rule will become effective on August 22, 2012, unless significant adverse comments on the amendment are received by August 2, 2012. If the rule is withdrawn as a result of such comments, timely notice of the withdrawal will be published in the Federal Register . Comments received after August 2, 2012 will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date.

10 CFR Parts 2 and 171

Summary

The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending the size standard that it uses to qualify an NRC licensee as a “small entity” under the Regulatory Flexibility Act of 1980, as amended. The NRC is increasing its receipts-based, small business size standard from $6.5 million to $7 million to conform to the standard set by the Small Business Administration (SBA). This size standard reflects the most commonly used SBA size standard for nonmanufacturing industries. The SBA adjusted this standard on July 18, 2008 (73 FR 41237), to account for inflation.

77 FR 39442 - Receipts-Based, Small Business Size Standard

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-16258
RIN	3150-AJ14
	NRC-2012-0062

NUCLEAR REGULATORY COMMISSION

Proposed rule.

Submit comments by August 2, 2012. Comments received after this date will be considered if it is practical to do so, but the NRC is able to assure consideration only for comments received on or before this date.

10 CFR Parts 2 and 171

Summary

The U.S. Nuclear Regulatory Commission (NRC or the Commission) is proposing to amend the size standard that it uses to qualify an NRC licensee as a “small entity” under the Regulatory Flexibility Act of 1980, as amended. The NRC is proposing to increase its receipts-based, small business size standard from $6.5 million to $7 million to conform to the standard set by the Small Business Administration (SBA). This size standard reflects the most commonly used SBA size standard for nonmanufacturing industries. The SBA adjusted this standard on July 18, 2008 (73 FR 41237), to account for inflation.

10 CFR 2.1019 - Depositions.

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