10 CFR 2.1117 - Burden of proof.

Code of Federal Regulations - Title 10: Energy (December 2005)


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TITLE 10 - ENERGY

CHAPTER I - NUCLEAR REGULATORY COMMISSION

PART 2 - RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS

subpart k - HYBRID HEARING PROCEDURES FOR EXPANSION OF SPENT NUCLEAR FUEL STORAGE CAPACITY AT CIVILIAN NUCLEAR POWER REACTORS

2.1117 - Burden of proof.

The applicant bears the ultimate burden of proof (risk of non-persuasion) with respect to the contention in the proceeding. The proponent of the request for an adjudicatory hearing bears the burden of demonstrating under 2.1115(b) that an adjudicatory hearing should be held.

[69 FR 2267, Jan. 14, 2004]

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