10 CFR 2, Appendix B to 10 CFR Part 2 - Model Milestones To Be Used By a Presiding Officer as a Guideline in Developing a Hearing Schedule for the Conduct of an Adjudicatory Proceeding in Accordance With 10 CFR 2.332. | Title 10 - Energy | Code of Federal Regulations

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Pt. 2, App. B

Appendix B to 10 CFR Part 2 —Model Milestones To Be Used By a Presiding Officer as a Guideline in Developing a Hearing Schedule for the Conduct of an Adjudicatory Proceeding in Accordance With 10 CFR 2.332 .

I. Model Milestones for a Hearing on an Enforcement Action Conducted Under 10 CFR Part 2 , Subpart G

These model milestones would apply to enforcement proceedings conducted under 10 CFR Part 2, Subpart G. As required by 10 CFR 2.332 and 2.334, the presiding officer establishes, by order, a schedule for the conduct of the proceeding. In establishing a schedule, the presiding officer should use these milestones as a starting point, make appropriate modifications to the milestones, and set detailed schedules (e.g., for filings) based upon all relevant information. Such information would include, but not be limited to, the complexity of the issues, any other relevant consideration that a party brings to the attention of the presiding officer, and the NRC's interest in providing a fair and expeditious resolution of the issues to be adjudicated in the proceeding. The model milestones are based on the Commission's Rules of Practice in 10 CFR Part 2, Subparts B, C, and G.

The model milestones are based upon the following assumptions: (i) the issues to be litigated will involve both disputes over fact and issues of compliance with the Commission's regulations and requirements; and (ii) no petitions to intervene are filed pursuant to 10 CFR 2.309(a) -(b). The model milestones reflect electronic filing and service in accordance with 10 CFR 2.305. In some cases, preparation of direct testimony and motions for summary disposition can proceed once initial mandatory disclosures have been made. The time periods set forth in the model milestones reflect these assumptions.

Model Milestones

[ 10 CFR Part 2 , Subpart G]
• Within 20 days of date of enforcement order:	Person subject to order files answer; if order immediately effective, motion to set aside immediate effectiveness due; requests for hearing due.
• Within 100 days of enforcement order:	Presiding officer issues order on hearing request by person who is subject of enforcement order.
• Within 25 days of presiding officer decision granting hearing:	Presiding officer sets initial schedule for the proceeding.
• Within 145 days of presiding officer decision granting hearing:	Discovery complete.
• Within 155 days of presiding officer decision granting hearing:	Motions for summary disposition due.
• Within 235 days of presiding officer decision granting hearing:	Presiding officer decisions on motions for summary disposition.
• Within 245 days of presiding officer decision granting hearing:	Prehearing conference (optional); presiding officer sets schedule for remainder of proceeding.
• Within 275 days of presiding officer decision granting hearing:	Written testimony filed.
• Within 90 days of end of evidentiary hearing and closing of record:	Presiding officer issues initial decision.

II. Model Milestones for Hearings Conducted Under 10 CFR Part 2 , Subpart L

These model milestones would apply to proceedings conducted under 10 CFR Part 2, Subpart L, including those on applications for combined licenses (COLs), renewed licenses, and license amendments. While such proceedings differ insofar as the scope and complexity of the NRC staff reviews for the requested actions may vary, such differences will be reflected in the staff's schedule for issuing its review documents in a particular type of action. Because the milestones are keyed to the staff's review schedule, separate milestones are not identified for proceedings on the different types of actions.

As required by 10 CFR 2.332 and 2.334, the presiding officer establishes, by order, a schedule for the conduct of each proceeding. In establishing a schedule, the presiding officer should use these milestones as a starting point, make appropriate modifications to the milestones, and set detailed schedules (e.g., for filings) based upon all relevant information. Such information would include, but not be limited to, the number of contentions admitted, the complexity of the issues, the NRC staff's schedule for completion of its safety and environmental evaluations, any other relevant consideration that a party brings to the attention of the presiding officer, and the NRC's interest in providing a fair and expeditious resolution of the issues sought to be admitted for adjudication in the proceeding. The model milestones are based on the Commission's Rules of Practice in 10 CFR Part 2, Subparts B, C, and L.

The model milestones include only the most significant events in the proceeding and are based upon the following assumptions: (I) the issues to be litigated will involve both disputes over fact and issues of compliance with the Commission's regulations and requirements; (ii) an oral hearing under 10 CFR 2.1207 will be held rather than a written hearing under 10 CFR 2.1208; and (iii) the final Safety Evaluation Report (SER) and final environmental document will be issued simultaneously. The model milestones reflect electronic filing and service in accordance with 10 CFR 2.305.

Model Milestones

[ 10 CFR Part 2 , Subpart L]
• Within 140 of publication days of notice in Federal Register:	Presiding officer decision on intervention petitions and admission of contentions.
• Within 55 days of presiding officer decision granting intervention and admitting contentions:	Presiding officer to set initial schedule for proceeding, based on staff schedule for issuing draft and final SERs and any necessary NEPA document.
• Within 30 days of issuance of SER and any necessary NEPA document:	Proposed late-filed contentions on SER and necessary NEPA documents filed; motions for summary disposition on previously admitted contentions due.
• Within 85 days of issuance of SER and NEPA document:	Presiding officer decision on admission of proposed late-filed contentions and motions for summary disposition; presiding officer sets schedule for remainder of proceeding.
• Within 14 days after presiding officer decision on amended/late-filed contentions:	All parties complete updates of mandatory disclosures.
• Within 115 days of issuance of SER and NEPA document:	Motions for summary disposition due.
• Within 155 days of issuance of SER and NEPA document:	Written direct testimony filed.
• Within 175 days of issuance of SER and NEPA document:	Evidentiary hearing begins.
• Within 90 days of end of evidentiary hearing and closing of record:	Presiding officer issues initial decision.

III. Model Milestones for a Hearing on a Transfer of a License Conducted Under 10 CFR Part 2 , Subpart M

These model milestones would apply to proceedings conducted under 10 CFR Part 2, Subpart M on applications for license transfer. As required by 10 CFR 2.332 and 2.334, the presiding officer establishes, by order, a schedule for the conduct of each proceeding. In establishing a schedule, the presiding officer should use these milestones as a starting point, make appropriate modifications to the milestones, and set detailed schedules (e.g., for filings) based upon all relevant information. Such information would include, but not be limited to, the number of contentions admitted, the complexity of the issues, the NRC staff's schedule for completion of its safety and environmental evaluations, any other relevant consideration that a party brings to the attention of the presiding officer, and the NRC's interest in providing a fair and expeditious resolution of the issues sought to be admitted for adjudication in the proceeding. The model milestones are based on the Commission's Rules of Practice in 10 CFR Part 2, Subparts B, C and M.

The model milestones include only the most significant events in the proceeding, and are based upon the following assumptions: (i) The issues to be litigated will involve both disputes over fact and issues of compliance with the Commission's regulations and requirements; (ii) the parties do not file a joint request under 10 CFR 2.1308 for a hearing consisting of written comments; (iii) the final Safety Evaluation Report (SER) is not necessary to resolve the issues to be litigated; (iv) the Commission itself does not serve as the presiding officer; and (v) the Commission does not order further taking of testimony after the presiding officer certifies the record to the Commission under 10 CFR 2.1319(f). The model milestones reflect electronic filing and service in accordance with 10 CFR 2.305.

Model Milestones

[ 10 CFR Part 2 , Subpart M]
• Within 100 days of publication of Federal Register notice of opportunity for hearing:	Presiding officer decision on intervention petitions and admission of contentions.
• Within 30 days of order granting hearing petitions:	NRC staff and other parties complete mandatory disclosures.
• Within 12 days of completion of mandatory disclosures:	Presiding Officer issues scheduling order to address, inter alia, scheduling of oral hearing, filing of written statements of position, direct testimony, and rebuttal testimony.
• Within 45 days of scheduling order:	Oral hearing commences.
• Within 25 days after hearing ends:	Presiding officer certifies hearing record to the Commission.

IV. Model Milestones for a Hearing on an Enforcement Action Conducted Under 10 CFR Part 2 , Subpart N

These model milestones would apply to enforcement proceedings conducted under 10 CFR Part 2, Subpart N. As required by 10 CFR 2.332 and 2.334, the presiding officer establishes, by order, a schedule for the conduct of each proceeding. In establishing a schedule, the presiding officer should use these milestones as a starting point, make appropriate modifications to the milestones, and set detailed schedules based upon all relevant information. The model milestones are based on the Commission's Rules of Practice in 10 CFR Part 2, Subparts B, C, and N.

The model milestones are based upon the following assumptions: (i) The issues to be litigated will involve both disputes over fact and issues of compliance with the Commission's regulations and requirements; and (ii) no petitions to intervene are filed pursuant to 10 CFR 2.309(a) -(b). The model milestones reflect electronic filing and service in accordance with 10 CFR 2.305. The only discovery provided is the mandatory disclosure made by each party pursuant to 10 CFR 2.336.

Model Milestones

[ 10 CFR Part 2 , Subpart N]
• Within 20 of date of enforcement order:	Person subject to order files answer; if order immediately effective, motion to set aside immediate effectiveness due; requests for hearing due, including joint motion to use Subpart N procedures.
• Within 50 days of date of enforcement order:	Presiding officer decision on requests for hearing and confirms use of Subpart N procedures (note: if presiding officer concludes that Subpart N procedures should not be used, the Model Milestone for Enforcement Actions under Subpart G are applicable).
• Within 30 days of presiding officer decision granting hearing:	Mandatory disclosures complete.
• Within 40 days of presiding officer decision granting hearing:	Prehearing conference to specify issues for hearing and set schedules for remaining course of proceeding.
• Within 60 days of presiding officer decision granting hearing:	Evidentiary hearing begins.
• Within 30 days of end of evidentiary hearing and closing of record:	Presiding officer issues initial decision.

[70 FR 20462, Apr. 20, 2005]

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.

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

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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, Appendix B to 10 CFR Part 2 - Model Milestones To Be Used By a Presiding Officer as a Guideline in Developing a Hearing Schedule for the Conduct of an Adjudicatory Proceeding in Accordance With 10 CFR 2.332.

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