10 CFR 2.305 - Service of documents; methods; proof. | Title 10 - Energy | Code of Federal Regulations

§ 2.305

Service of documents; methods; proof.

(a) Service of documents by the Commission. Except for subpoenas, the Commission shall serve all orders, decisions, notices, and other documents to all participants, by the same delivery method those participants use to file and accept service.

(b) Who may be served. Any document required to be served upon a participant shall be served upon that person or upon the representative designated by the participant or by law to receive service of documents. When a participant has appeared by attorney, service shall be made upon the attorney of record.

(c) Method of service accompanying a filing. Service must be made electronically to the E-Filing system. Upon an order from the Commission or presiding officer permitting alternative filing methods under § 2.302(g)(4), service may be made by personal delivery, courier, expedited delivery service, or by first-class, express, certified or registered mail. As to each participant that cannot serve electronically, the Commission or presiding officer shall require service by the most expeditious means permitted under this paragraph that are available to the participant, unless the Commission or presiding officer finds that this requirement would impose undue burden or expense on the participant.

(1) Unless otherwise provided in this section, a participant will serve documents on the other participants by the same method by which those participants filed.

(2) A participant granted an exemption under § 2.302(g)(2) will serve the presiding officer and the participants in the proceeding that filed electronically by physically delivering or mailing optical storage media containing the electronic document.

(3) A participant granted an exemption under § 2.302(g)(3) will serve the presiding officer and the other participants in the proceeding by physically delivering or mailing a paper copy.

(4) To provide proof of service, any paper served upon participants to the proceeding as may be required by law, rule, or order of the presiding officer must be accompanied by a signed certificate of service stating the names and addresses of the persons served as well as the method and date of service.

(d) Method of service not accompanying a filing. Service of demonstrative evidence, e.g., maps and other physical evidence, may be made by first-class mail in all cases, unless the presiding officer directs otherwise or the participant desires to serve by a faster method. In instances when service of a document, such as a discovery document under § 2.336, will not accompany a filing with the agency, the participant may use any reasonable method of service to which the recipient agrees.

(e) Service on the Secretary. (1) All motions, briefs, pleadings, and other documents must be served on the Secretary of the Commission by the same or equivalent method, such as by electronic transmission or first-class mail, that they are served upon the presiding officer, so that the Secretary will receive the filing at approximately the same time that it is received by the presiding officer to which the filing is directed.

(2) When pleadings are personally delivered to a presiding officer conducting proceedings outside the Washington, DC area, service on the Secretary may be accomplished electronically to the E-Filing system, as well as by courier, express mail, or expedited delivery service.

(3) Service of demonstrative evidence (e.g., maps and other physical exhibits) on the Secretary of the Commission may be made by first-class mail in all cases, unless the presiding officer directs otherwise or the participant desires to serve by a faster method. All pre-filed testimony and exhibits shall be served on the Secretary of the Commission by the same or equivalent method that it is served upon the presiding officer to the proceedings, i.e., electronically to the E-Filing system, personal delivery or courier, express mail, or expedited delivery service.

(4) The addresses for the Secretary are:

(i) Internet: The E-Filing system at http://www.nrc.gov.

(ii) First-class mail: Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff; and

(iii) Courier, express mail, and expedited delivery services: Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemakings and Adjudications Staff.

(f) When service is complete. Service upon a participant is complete:

(1) By the E-Filing system, when filing electronically to the E-Filing system is considered complete under § 2.302(d).

(2) By personal delivery, upon handing the document to the person, or leaving it at his or her office with that person's clerk or other person in charge or, if there is no one in charge, leaving it in a conspicuous place in the office, or if the office is closed or the person to be served has no office, leaving it at his or her usual place of residence with some person of suitable age and discretion then residing there;

(3) By mail, upon deposit in the United States mail, properly stamped and addressed;

(4) By expedited service, upon depositing the document with the provider of the expedited service; or

(5) When service cannot be effected by a method provided by paragraphs (f)(1)-(4) of this section, by any other method authorized by law.

(6) When two or more methods of service are required, service is considered complete when service by each method is complete under paragraphs (f)(1)-(4) of this section.

(g) Service on the NRC staff. (1) Service shall be made upon the NRC staff of all documents required to be filed with participants and the presiding officer in all proceedings, including those proceedings where the NRC staff informs the presiding officer of its determination not to participate as a party. Service upon the NRC staff shall be by the same or equivalent method as service upon the Office of the Secretary and the presiding officer, e.g., electronically, personal delivery or courier, express mail, or expedited delivery service.

(2) If the NRC staff decides not to participate as a party in a proceeding, it shall, in its notification to the presiding officer and participants of its determination not to participate, designate a person and address for service of documents.

[72 FR 49150, Aug. 28, 2007]

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 2.305 - Service of documents; methods; proof.

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