§ 2.335. Consideration of Commission rules and regulations in adjudicatory proceedings.
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/us/cfr/t10/s§ 2.335·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Except as provided in paragraphs (b), (c), and
(d)of this section, no rule or regulation of the Commission, or any provision thereof, concerning the licensing of production and utilization facilities, source material, special nuclear material, or byproduct material, is subject to attack by way of discovery, proof, argument, or other means in any adjudicatory proceeding subject to this part.
(b)A participant to an adjudicatory proceeding subject to this part may petition that the application of a specified Commission rule or regulation or any provision thereof, of the type described in paragraph
(a)of this section, be waived or an exception be made for the particular proceeding. The sole ground for petition of waiver or exception is that special circumstances with respect to the subject matter of the particular proceeding are such that the application of the rule or regulation (or a provision of it) would not serve the purposes for which the rule or regulation was adopted. The petition must be accompanied by an affidavit that identifies the specific aspect or aspects of the subject matter of the proceeding as to which the application of the rule or regulation (or provision of it) would not serve the purposes for which the rule or regulation was adopted. The affidavit must state with particularity the special circumstances alleged to justify the waiver or exception requested. Any other participant may file a response by counter-affidavit or otherwise.
(c)If, on the basis of the petition, affidavit, and any response permitted under paragraph
(b)of this section, the presiding officer determines that the petitioning participant has not made a prima facie showing that the application of the specific Commission rule or regulation (or provision thereof) to a particular aspect or aspects of the subject matter of the proceeding would not serve the purposes for which the rule or regulation was adopted and that application of the rule or regulation should be waived or an exception granted, no evidence may be received on that matter and no discovery, cross examination, or argument directed to the matter will be permitted, and the presiding officer may not further consider the matter.
(d)If, on the basis of the petition, affidavit and any response provided for in paragraph
(b)of this section, the presiding officer determines that the prima facie showing required by paragraph
(b)of this section has been made, the presiding officer shall, before ruling on the petition, certify the matter directly to the Commission (the matter will be certified to the Commission notwithstanding other provisions on certification in this part) for a determination in the matter of whether the application of the Commission rule or regulation or provision thereof to a particular aspect or aspects of the subject matter of the proceeding, in the context of this section, should be waived or an exception made. The Commission may, among other things, on the basis of the petition, affidavits, and any response, determine whether the application of the specified rule or regulation (or provision thereof) should be waived or an exception be made. The Commission may direct further proceedings as it considers appropriate to aid its determination.
(e)Whether or not the procedure in paragraph
(b)of this section is available, a participant to an initial or renewal licensing proceeding may file a petition for rulemaking under § 2.802. [69 FR 2236, Jan. 14, 2004, as amended at 77 FR 46593, Aug. 3, 2012]
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- Proposed RulesFinal rule
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- NoticesSubsequent license renewal application; opportunity to request a hearing and to petition for leave to intervene; order imposing procedures
- NoticesNUCLEAR REGULATORY COMMISSION
- Rules and RegulationsNUCLEAR REGULATORY COMMISSION
- NoticesAcceptance for docketing; opportunity to request a hearing and to petition for leave to intervene
- NoticesLicense renewal application; notice of docketing and opportunity to request a hearing and to petition for leave to intervene
- Rules and RegulationsNotice of intended operation; opportunity for hearing on conformance with the acceptance criteria in the combined license; and associated orders
- NoticesNUCLEAR REGULATORY COMMISSION
- Rules and RegulationsNUCLEAR REGULATORY COMMISSION
- NoticesLicense renewal application; opportunity to request a hearing and to petition for leave to intervene
- NoticesLicense renewal application; opportunity to request a hearing and to petition for leave to intervene
- NoticesProposed rule; guidance; and request for comment
- Rules and RegulationsLicense renewal application; acceptance for docketing; opportunity to request a hearing and to petition for leave to intervene
- NoticesLicense renewal application; opportunity to request a hearing and to petition for leave to intervene
- NoticesLicense renewal application; opportunity to request a hearing and to petition for leave to intervene
- NoticesSubsequent license renewal application; opportunity to request a hearing and to petition for leave to intervene
- NoticesProposed rule
- NoticesProposed rule
- NoticesProposed rule
- Proposed RulesProposed rule, draft guidance, and draft generic environmental impact statement; request for comment
- NoticesLicense renewal application; docketing and opportunity for hearing and petition for leave to intervene
- NoticesSubsequent license renewal application; opportunity to request a hearing and to petition for leave to intervene
- NoticesSubsequent license renewal application; opportunity to request a hearing and to petition for leave to intervene
- UnknownPetition for rulemaking; denial
- NoticesAcceptance for docketing; opportunity to request a hearing and to petition for leave to intervene
- NoticesOpportunity to request a hearing and to petition for leave to intervene
- NoticesNUCLEAR REGULATORY COMMISSION
- NoticesNUCLEAR REGULATORY COMMISSION
- NoticesOpportunity to request a hearing and to petition for leave to intervene
- NoticesNUCLEAR REGULATORY COMMISSION
- NoticesLicense renewal application; opportunity to request a hearing and to petition for leave to intervene
- Proposed RulesProposed rule
- NoticesNotice
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§ 2.335
Consideration of Commission rules and regulations in adjudicatory proceedings.
Fed. Reg.×97
C.F.R.×1
Cites 0Cited by 98 across 2 sources