TITLE 10 - ENERGY

CHAPTER I - NUCLEAR REGULATORY COMMISSION

PART 110 - EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL

subpart h - PUBLIC PARTICIPATION PROCEDURES CONCERNING LICENSE APPLICATIONS

110.84 - Commission action on a hearing request or intervention petition.

  (a) In an export licensing proceeding, or in an import licensing proceeding in which a hearing request or intervention petition does not assert or establish an interest which may be affected, the Commission will consider: (1) Whether a hearing would be in the public interest; and (2) Whether a hearing would assist the Commission in making the statutory determinations required by the Atomic Energy Act.

  (b) If a hearing request or intervention petition asserts an interest which may be affected, the Commission will consider: (1) The nature of the alleged interest; (2) How that interest relates to issuance or denial; and (3) The possible effect of any order on that interest, including whether the relief requested is within the Commission's authority, and, if so, whether granting relief would redress the alleged injury.

  (c) Untimely hearing requests or intervention petitions may be denied unless good cause for failure to file on time is established. In reviewing untimely requests or petitions, the Commission will also consider: (1) The availability of other means by which the requestor's or petitioner's interest, if any, will be protected or represented by other participants in a hearing; and (2) The extent to which the issues will be broadened or action on the application delayed.

  (d) Before granting or denying a hearing request or intervention petition, the Commission will review the Executive Branch's views on the license application and may request further information from the petitioner, requester, the Commission staff, the Executive Branch or others.

  (e) The Commission will deny a request or petition that pertains solely to matters outside its jurisdiction.

  (f) If an issue has been adequately explored in a previous licensing hearing conducted pursuant to this part, a request for a new hearing in connection with that issue will be denied unless: (1) A hearing request or intervention petition establishes that an interest may be affected; or (2) The Commission determines that changed circumstances or new information warrant a new hearing.

  (g) After consideration of the factors covered by paragraphs (a) through (f), the Commission will issue a notice or order granting or denying a hearing request or intervention petition. Upon the affirmative vote of two Commissioners a hearing will be ordered. A notice granting a hearing will be published in the Federal Register and will specify whether the hearing will be oral or consist of written comments. A denial notice will set forth the reasons for denial.

[43 FR 21641, May 19, 1978, as amended at 49 FR 47203, Dec. 3, 1984]