Part 2 — Agency Rules of Practice and Procedure
Current through Oct 5, 2026
Authority: Atomic Energy Act of 1954, secs. 29, 53, 62, 63, 81, 102, 103, 104, 105, 161, 181, 182, 183, 184, 186, 189, 191, 234 (42 U.S.C. 2039, 2073, 2092, 2093, 2111, 2132, 2133, 2134, 2135, 2201, 2231, 2232, 2233, 2234, 2236, 2239, 2241, 2282); Energy Reorganization Act of 1974, secs. 201, 206 (42 U.S.C. 5841, 5846); Nuclear Waste Policy Act of 1982, secs. 114(f), 134, 135, 141 (42 U.S.C. 10134(f), 10154, 10155, 10161); Administrative Procedure Act (5 U.S.C. 552, 553, 554, 557, 558); National Environmental Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 3504 note. Section 2.205(j) also issued under Sec. 31001(s), Pub. L. 104-134, 110 Stat. 1321-373 (28 U.S.C. 2461 note).
Source: 27 FR 377, Jan. 13, 1962, unless otherwise noted.
Editorial Note: Nomenclature changes to part 2 appear at 79 FR 75739, Dec. 19, 2014.
Sections
- § 2.1 Scope.
- § 2.2 Subparts.
- § 2.3 Resolution of conflict.
- § 2.4 Definitions.
- § 2.8 Information collection requirements: OMB approval.
- § 2.100 Scope of subpart.
- § 2.101 Filing of application.
- § 2.102 Administrative review of application.
- § 2.103 Action on applications for byproduct, source, special nuclear material, facility and operator licenses.
- § 2.104 Notice of hearing.
- § 2.105 Notice of proposed action.
- § 2.106 Notice of issuance.
- § 2.107 Withdrawal of application.
- § 2.108 Denial of application for failure to supply information.
- § 2.109 Effect of timely renewal application.
- § 2.110 Filing and administrative action on submittals for standard design approval or early review of site suitability issues.
- § 2.111 Prohibition of sex discrimination.
- § 2.200 Scope of subpart.
- § 2.201 Notice of violation.
- § 2.202 Orders.
- § 2.203 [Reserved]
- § 2.204 Demand for information.
- § 2.205 Civil penalties.
- § 2.206 Requests for action under this subpart.
- § 2.300 Scope of this subpart.
- § 2.301 [Reserved]
- § 2.302 Filing of documents.
- § 2.303 Docket.
- § 2.304 Formal requirements for documents; signatures; acceptance for filing.
- § 2.305 Service of documents, methods, proof.
- § 2.306 Computation of time.
- § 2.307 Extension and reduction of time limits; delegated authority to order use of procedures for access by potential parties to certain sensitive unclassified information.
- § 2.308 Treatment of requests for hearing or petitions for leave to intervene by the Secretary.
- § 2.309 Hearing requests, petitions to intervene, requirements for standing, and contentions.
- § 2.310 Selection of hearing procedures.
- § 2.311 Interlocutory review of rulings on requests for hearings/petitions to intervene, selection of hearing procedures, and requests by potential parties for access to sensitive unclassified non-safeguards information and safeguards information.
- § 2.312 Notice of hearing.
- § 2.313 Designation of presiding officer, disqualification, unavailability, and substitution.
- § 2.314 Appearance and practice before the Commission in adjudicatory proceedings.
- § 2.315 Participation by a person not a party.
- § 2.316 Consolidation of parties.
- § 2.317 Separate hearings; consolidation of proceedings.
- § 2.318 Commencement and termination of jurisdiction of presiding officer.
- § 2.319 Power of the presiding officer.
- § 2.320 Default.
- § 2.321 Atomic Safety and Licensing Boards.
- § 2.322 Special assistants to the presiding officer.
- § 2.323 Motions.
- § 2.324 Order of procedure.
- § 2.325 Burden of proof.
- § 2.326 Motions to reopen.
- § 2.327 Official recording; transcript.
- § 2.328 Hearings to be public.
- § 2.329 Prehearing conference.
- § 2.330 Stipulations.
- § 2.331 Oral argument before the presiding officer.
- § 2.332 General case scheduling and management.
- § 2.333 Authority of the presiding officer to regulate procedure in a hearing.
- § 2.334 Implementing hearing schedule for proceeding.
- § 2.335 Consideration of Commission rules and regulations in adjudicatory proceedings.
- § 2.336 General discovery.
- § 2.337 Evidence at a hearing.
- § 2.338 Settlement of issues; alternative dispute resolution.
- § 2.339 Expedited decisionmaking procedure.
- § 2.340 Initial decision in certain contested proceedings; immediate effectiveness of initial decisions; issuance of authorizations, permits, and licenses.
- § 2.341 Review of decisions and actions of a presiding officer.
- § 2.342 Stays of decisions.
- § 2.343 Oral argument.
- § 2.344 Final decision.
- § 2.345 Petition for reconsideration.
- § 2.346 Authority of the Secretary.
- § 2.347 Ex parte communications.
- § 2.348 Separation of functions.
- § 2.390 Public inspections, exemptions, requests for withholding.
- § 2.400 Scope of subpart.
- § 2.401 Notice of hearing on construction permit or combined license applications pursuant to appendix N of 10 CFR part 50, 52, or 53.
- § 2.402 Separate hearings on separate issues; consolidation of proceedings.
- § 2.403 Notice of proposed action on applications for operating licenses pursuant to appendix N to part 50 or § 53.1470. .
- § 2.404 Hearings on applications for operating licenses pursuant to appendix N to part 50 or § 53.1470.
- § 2.405 Initial decisions in consolidated hearings.
- § 2.406 Finality of decisions on separate issues.
- § 2.407 Applicability of other sections.
- § 2.500 Scope of subpart.
- § 2.501 Notice of hearing on application under 10 CFR part 52 or 53 for a license to manufacture nuclear power reactors.
- §§ 2.502-2.504 [Reserved]
- § 2.600 Scope of subpart.
- § 2.601 Applicability of other sections.
- § 2.602 Filing fees.
- § 2.603 Acceptance and docketing of application for early review of site suitability issues in a construction permit proceeding.
- § 2.604 Notice of hearing on application for early review of site suitability issues in construction permit proceeding.
- § 2.605 Additional considerations.
- § 2.606 Partial decision on site suitability issues in construction permit proceeding.
- § 2.621 Acceptance and docketing of application for early review of site suitability issues in a combined license proceeding.
- § 2.623 Notice of hearing on application for early review of site suitability issues in combined license proceeding.
- § 2.625 Additional considerations.
- § 2.627 Partial decision on site suitability issues in combined license proceeding.
- § 2.629 Finality of partial decision on site suitability issues in a combined license proceeding.
- § 2.641 Filing fees.
- § 2.643 Acceptance and docketing of application for limited work authorization.
- § 2.645 Notice of hearing.
- § 2.647 [Reserved]
- § 2.649 Partial decisions on limited work authorization.
- § 2.700 Scope of subpart G.
- § 2.701 Exceptions.
- § 2.702 Subpoenas.
- § 2.703 Examination by experts.
- § 2.704 Discovery-required disclosures.
- § 2.705 Discovery-additional methods.
- § 2.706 Depositions upon oral examination and written interrogatories; interrogatories to parties.
- § 2.707 Production of documents and things; entry upon land for inspections and other purposes.
- § 2.708 Admissions.
- § 2.709 Discovery against NRC staff.
- § 2.710 Motions for summary disposition.
- § 2.711 Evidence.
- § 2.712 Proposed findings and conclusions.
- § 2.713 Initial decision and its effect.
- § 2.800 Scope and applicability.
- § 2.801 Initiation of rulemaking.
- § 2.802 Petition for rulemaking—requirements for filing.
- § 2.803 Petition for rulemaking—NRC action.
- § 2.804 Notice of proposed rulemaking.
- § 2.805 Participation by interested persons.
- § 2.806 Commission action.
- § 2.807 Effective date and sunsetting.
- § 2.808 Authority of the Secretary to rule on procedural matters.
- § 2.809 Participation by the Advisory Committee on Reactor Safeguards.
- § 2.810 NRC size standards.
- § 2.811 Filing of standard design certification application; required copies.
- § 2.813 Written communications.
- § 2.815 Docketing and acceptance review.
- § 2.817 Withdrawal of application.
- § 2.819 Denial of application for failure to supply information.
- § 2.900 Purpose.
- § 2.901 Scope of subpart I.
- § 2.902 Definitions.
- § 2.903 Protection of restricted data and national security information.
- § 2.904 Classification assistance.
- § 2.905 Access to restricted data and national security information for parties; security clearances.
- § 2.906 Obligation of parties to avoid introduction of restricted data or national security information.
- § 2.907 Notice of intent to introduce restricted data or national security information.
- § 2.908 Contents of notice of intent to introduce restricted data or other national security information.
- § 2.909 Rearrangement or suspension of proceedings.
- § 2.910 Unclassified statements required.
- § 2.911 Admissibility of restricted data or other national security information.
- § 2.912 Weight to be attached to classified evidence.
- § 2.913 Review of Restricted Data or other National Security Information received in evidence.
- § 2.1000 Scope of this subpart.
- § 2.1001 Definitions.
- § 2.1002 [Reserved]
- § 2.1003 Availability of material.
- § 2.1004 Amendments and additions.
- § 2.1005 Exclusions.
- § 2.1006 Privilege.
- § 2.1007 Access.
- § 2.1008 [Reserved]
- § 2.1009 Procedures.
- § 2.1010 Pre-License Application Presiding Officer.
- § 2.1011 Management of electronic information.
- § 2.1012 Compliance.
- § 2.1013 Use of the electronic docket during the proceeding.
- § 2.1015 Appeals.
- § 2.1017 Computation of time.
- § 2.1018 Discovery.
- § 2.1019 Depositions.
- § 2.1020 Entry upon land for inspection.
- § 2.1021 First prehearing conference.
- § 2.1022 Second prehearing conference.
- § 2.1023 Immediate effectiveness.
- § 2.1025 Authority of the Presiding Officer to dispose of certain issues on the pleadings.
- § 2.1026 Schedule.
- § 2.1027 Sua sponte.
- § 2.1101 Purpose.
- § 2.1103 Scope of subpart K.
- § 2.1105 Definitions.
- § 2.1107 Notice of proposed action.
- § 2.1109 Requests for oral argument.
- § 2.1113 Oral argument.
- § 2.1115 Designation of issues for adjudicatory hearing.
- § 2.1117 Burden of proof.
- § 2.1119 Applicability of other sections.
- § 2.1200 Scope of this subpart.
- § 2.1201 Definitions.
- § 2.1202 Authority and role of NRC staff.
- § 2.1203 Hearing file; prohibition on discovery.
- § 2.1204 Motions and requests.
- § 2.1205 Summary disposition.
- § 2.1206 Informal hearings.
- § 2.1207 Process and schedule for submissions and presentations in an oral hearing.
- § 2.1208 Process and schedule for a hearing consisting of written presentations.
- § 2.1209 Findings of fact and conclusions of law.
- § 2.1210 Initial decision and its effect.
- § 2.1212 Petitions for Commission review of initial decisions.
- § 2.1213 Application for a stay.
- § 2.1300 Scope of subpart M.
- § 2.1301 Public notice of receipt of a license transfer application.
- § 2.1302 Notice of withdrawal of an application.
- § 2.1303 Availability of documents.
- § 2.1305 Written comments.
- § 2.1308 Oral hearings.
- § 2.1309 Notice of oral hearing.
- § 2.1310 Notice of hearing consisting of written comments.
- § 2.1311 Conditions in a notice or order.
- § 2.1315 Generic determination regarding license amendments to reflect transfers.
- § 2.1316 Authority and role of NRC staff.
- § 2.1319 Presiding Officer.
- § 2.1320 Responsibility and power of the Presiding Officer in an oral hearing.
- § 2.1321 Participation and schedule for submission in a hearing consisting of written comments.
- § 2.1322 Participation and schedule for submissions in an oral hearing.
- § 2.1323 Presentation of testimony in an oral hearing.
- § 2.1324 Appearance in an oral hearing.
- § 2.1325 Motions and requests.
- § 2.1327 Application for a stay of the effectiveness of NRC staff action on license transfer.
- § 2.1331 Commission action.
- § 2.1400 Purpose and scope of this subpart.
- § 2.1401 Definitions.
- § 2.1402 General procedures and limitations; requests for other procedures.
- § 2.1403 Authority and role of the NRC staff.
- § 2.1404 Prehearing conference.
- § 2.1405 Hearing.
- § 2.1406 Initial decision—issuance and effectiveness.
- § 2.1407 Appeal and Commission review of initial decision.
- § 2.1500 Purpose and scope.
- § 2.1501 Definitions.
- § 2.1502 Commission decision to hold legislative hearing.
- § 2.1503 Authority of presiding officer.
- § 2.1504 Request to participate in legislative hearing.
- § 2.1505 Role of the NRC staff.
- § 2.1506 Written statements and submission of information.
- § 2.1507 Oral hearing.
- § 2.1508 Recommendation of presiding officer.
- § 2.1509 Ex parte communications and separation of functions.
- Appendix A to Part 2 [Reserved]
- 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.
- Appendix C to Part 2 [Reserved]
- Appendix D to Part 2—Schedule for the Proceeding on Consideration of Construction Authorization for a High-Level Waste Geologic Repository.