10 CFR 2.309 - Hearing requests, petitions to intervene, requirements for standing, and contentions

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1521 practice notes
  • Part II
    • United States
    • Federal Register June 12, 2009
    • March 4, 2002
    ...Therefore, the adequacy of the impact assessment may not be the subject of a contention submitted as part of a petition to intervene under 10 CFR 2.309, ``Hearing requests, petitions to intervene, requirements for standing, and contentions.'' A person who seeks NRC rulemaking action with re......
  • Final Procedures for Conducting Hearings on Conformance With the Acceptance Criteria in Combined Licenses
    • United States
    • Federal Register July 01, 2016
    • July 1, 2016
    ...the procedures have been clarified to explicitly state that a licensee hearing request need not satisfy the contention standards in 10 CFR 2.309(f) or the standing requirements of 10 CFR 2.309(d) . In addition, the procedures now include deadlines for licensee hearing requests filed after ......
  • Practice and procedure: Adjudicatory process changes,
    • United States
    • Federal Register January 14, 2004
    • December 24, 2003
    ...may be affected by renewal of the permit may request a hearing on the application for renewal. The request for a hearing must comply with 10 CFR 2.309. If a hearing is granted, notice of the hearing will be published in accordance with 10 CFR 2.309. * * * * 0 83. In Sec. 52.39, paragraph (a......
  • Amendments to Adjudicatory Process Rules and Related Requirements
    • United States
    • Federal Register August 03, 2012
    • August 3, 2012
    ...64 NRC 30, 33 (2006), the Commission evaluated whether the intervenors met both the ``stringent requirements for untimely filings (10 CFR 2.309(c)) and late-filed contentions (10 CFR 2.309(f)(2)).'' This rulemaking presents an opportunity to resolve any ambiguity in the application of these......
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17 cases
  • 684 F.3d 149 (D.C. Cir. 2012), 11-1168, Vermont Dept. of Public Service v. United States
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (District of Columbia)
    • June 26, 2012
    ...and " the specific contentions which the petitioner/requestor seeks to have litigated at the proceeding" pursuant to 10 C.F.R. § 2.309(a). Id. Four parties, including DPS and NEC, filed timely motions for a hearing or to intervene and an Atomic Safety and Licensing Board (Board) 5......
  • 449 F.3d 1016 (9th Cir. 2006), 03-74628, San Luis Obispo Mothers for Peace v. Nuclear Regulatory Com'n
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (9th Circuit)
    • June 2, 2006
    ...for Hearing. Under the regulatory scheme, interested parties could then request a hearing or petition for leave to intervene. 10 C.F.R. § 2.309(a). A written hearing request, which must contain the contentions the party wants litigated at the hearing, will be granted if the petitioner has s......
  • 896 F.3d 520 (D.C. Cir. 2018), 17-1059, Tribe v. U.S. Nuclear Regulatory Commission
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (District of Columbia)
    • July 20, 2018
    ...a license has the right to intervene and present "contentions" challenging the license. Id. § 2239(a)(1)(A); 10 C.F.R. § 2.309(a), The licensing process involves three relevant components of the NRC. The first is the Commission Staff, which is respons......
  • 708 F.3d 63 (1st Cir. 2013), 12-1404, Massachusetts v. U.S. Nuclear Regulatory Com'n
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (1st Circuit)
    • February 25, 2013
    ...only on the basis that it was outside the scope of the proceedings, failing to meet one of the general admissibility standards. 10 C.F.R. § 2.309(f)(1)(iii). [16] At times, Massachusetts's brief appears to make a weak argument that the NRC's procedural rules (particularly its record reopeni......
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1 firm's commentaries
1501 provisions
  • Part II
    • United States
    • Federal Register June 12, 2009
    • March 4, 2002
    ...Therefore, the adequacy of the impact assessment may not be the subject of a contention submitted as part of a petition to intervene under 10 CFR 2.309, ``Hearing requests, petitions to intervene, requirements for standing, and contentions.'' A person who seeks NRC rulemaking action with re......
  • Final Procedures for Conducting Hearings on Conformance With the Acceptance Criteria in Combined Licenses
    • United States
    • Federal Register July 01, 2016
    • July 1, 2016
    ...the procedures have been clarified to explicitly state that a licensee hearing request need not satisfy the contention standards in 10 CFR 2.309(f) or the standing requirements of 10 CFR 2.309(d) . In addition, the procedures now include deadlines for licensee hearing requests filed after ......
  • Practice and procedure: Adjudicatory process changes,
    • United States
    • Federal Register January 14, 2004
    • December 24, 2003
    ...may be affected by renewal of the permit may request a hearing on the application for renewal. The request for a hearing must comply with 10 CFR 2.309. If a hearing is granted, notice of the hearing will be published in accordance with 10 CFR 2.309. * * * * 0 83. In Sec. 52.39, paragraph (a......
  • Amendments to Adjudicatory Process Rules and Related Requirements
    • United States
    • Federal Register August 03, 2012
    • August 3, 2012
    ...64 NRC 30, 33 (2006), the Commission evaluated whether the intervenors met both the ``stringent requirements for untimely filings (10 CFR 2.309(c)) and late-filed contentions (10 CFR 2.309(f)(2)).'' This rulemaking presents an opportunity to resolve any ambiguity in the application of these......
  • Request a trial to view additional results

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