10 C.F.R. 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
Title 10: Energy
PART 2—RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS
Subpart O—Legislative Hearings
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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 Person subject to order enforcement order: files answer; if order immediately effective, motion to set aside immediate effectiveness due; requests for hearing due.• Within 100 days of enforcement Presiding officer issues order: order on hearing request by person who is subject of enforcement order.• Within 25 days of presiding Presiding officer sets officer decision granting hearing: initial schedule for the proceeding.• Within 145 days of presiding Discovery complete. officer decision granting hearing:• Within 155 days of presiding Motions for summary officer decision granting hearing: disposition due.• Within 235 days of presiding Presiding officer decisions officer decision granting hearing: on motions for summary disposition.• Within 245 days of presiding Prehearing conference officer decision granting hearing: (optional); presiding officer sets schedule for remainder of proceeding.• Within 275 days of presiding Written testimony filed. officer decision granting hearing:• Within 90 days of end of Presiding officer issues evidentiary hearing and closing of initial decision. record:------------------------------------------------------------------------
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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.
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Model Milestones [10 CFR Part 2, Subpart L]------------------------------------------------------------------------ ------------------------------------------------------------------------• Within 140 of publication days of Presiding officer decision notice in Federal Register: on intervention petitions and admission of contentions.• Within 55 days of presiding Presiding officer to set officer decision granting intervention initial schedule for and admitting contentions: proceeding, based on staff schedule for issuing draft and final SERs and any necessary NEPA document.• Within 30 days of issuance of SER Proposed late-filed and any necessary NEPA document: contentions on SER and necessary NEPA documents filed; motions for summary disposition on previously admitted contentions due.• Within 85 days of issuance of SER Presiding officer decision and NEPA document: 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 All parties complete updates officer decision on amended/late-filed of mandatory disclosures. contentions:• Within 115 days of issuance of SER Motions for summary and NEPA document: disposition due.• Within 155 days of issuance of SER Written direct testimony and NEPA document: filed.• Within 175 days of issuance of SER Evidentiary hearing begins. and NEPA document:• Within 90 days of end of Presiding officer issues evidentiary hearing and closing of initial decision. record:------------------------------------------------------------------------
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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.
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Model Milestones [10 CFR Part 2, Subpart M]------------------------------------------------------------------------ ------------------------------------------------------------------------• Within 100 days of publication of Presiding officer decision Federal Register notice of opportunity on intervention petitions for hearing: and admission of contentions.• Within 30 days of order granting NRC staff and other parties hearing petitions: complete mandatory disclosures.• Within 12 days of completion of Presiding Officer issues mandatory disclosures: 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 Oral hearing commences. order:• Within 25 days after hearing ends: Presiding officer certifies hearing record to the Commission.------------------------------------------------------------------------
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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.
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Model Milestones [10 CFR Part 2, Subpart N]------------------------------------------------------------------------ ------------------------------------------------------------------------• Within 20 of date of enforcement Person subject to order 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 Presiding officer decision enforcement order: 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 Mandatory disclosures officer decision granting hearing: complete.• Within 40 days of presiding Prehearing conference to officer decision granting hearing: specify issues for hearing and set schedules for remaining course of proceeding.• Within 60 days of presiding Evidentiary hearing begins. officer decision granting hearing:• Within 30 days of end of Presiding officer issues evidentiary hearing and closing of initial decision. record:------------------------------------------------------------------------
