[Code of Federal Regulations]
[Title 10, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR2.102]

[Page 30-31]
 
                            TITLE 10--ENERGY
 
                CHAPTER I--NUCLEAR REGULATORY COMMISSION
 
PART 2_RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND 
ISSUANCE OF ORDERS--Table of Contents
 
 Subpart A_Procedure for Issuance, Amendment, Transfer, or Renewal of a 
                                 License
 
Sec. 2.102  Administrative review of application.

    (a) During review of an application by the staff, an applicant may 
be required to supply additional information. The staff may request any 
one party to the proceeding to confer with the staff informally. In the 
case of a docketed application for a construction permit or an operating 
license for a facility, the staff shall establish a schedule for its 
review of the application, specifying the key intermediate steps from 
the time of docketing until the completion of its review.
    (b) The Director of Nuclear Reactor Regulation or Director of 
Nuclear Material Safety and Safeguards, as appropriate, will refer the 
docketed application to the ACRS as required by law and in such 
additional cases as he or the Commission may determine to be 
appropriate. The ACRS will render to the Commission one or more reports 
as required by law or as requested by the Commission.
    (c) The Director of Nuclear Reactor Regulation or Director of 
Nuclear Material Safety and Safeguards, as appropriate, will make each 
report of the ACRS a part of the record of the docketed application, and 
transmit copies to the appropriate State and local officials.
    (d)(1) Except as provided in paragraph (d)(2) of this section, the 
Director of Nuclear Reactor Regulation or Director of Nuclear Material 
Safety and Safeguards, as appropriate, will refer and transmit a copy of 
each docketed application for a construction permit or an operating 
license for a utilization or production facility under section 103 of 
the Act to the Attorney General as required by section 105c of the Act.
    (2) The requirements of paragraph (d)(1) of this section do not 
apply to an application for an operating license for a production or 
utilization facility under section 103 of the Act for which the 
construction permit was also issued under section 103, unless the 
Director of Nuclear Reactor Regulation or the Director of Nuclear 
Material Safety and Safeguards, as appropriate, determines, after 
consultation with the Attorney General and in accordance with Sec. 
2.101(e), that such review is advisable on the ground that significant 
changes in the licensee's activities or proposed activities have 
occurred subsequent to the previous review of the Attorney General and 
the Commission under section 105c of the Act in connection with the 
construction permit.
    (3) The Director of Nuclear Reactor Regulation or Director of 
Nuclear Material Safety and Safeguards, as appropriate, will cause the 
Attorney General's advice received pursuant to paragraph (d)(1) of this 
section to be published in the Federal Register promptly upon receipt, 
and will make

[[Page 31]]

such advice a part of the record in any proceeding on antitrust matters 
conducted in accordance with subsection 105c(5) and section 189a of the 
Act. The Director of Nuclear Reactor Regulation or Director of Nuclear 
Material Safety and Safeguards, as appropriate, will also cause to be 
published in the Federal Register a notice that the Attorney General has 
not rendered any such advice. Any notice published in the Federal 
Register under this paragraph will also include a notice of hearing, if 
appropriate, or will state that any person whose interest may be 
affected by the proceeding may, under Sec. 2.309, file a petition for 
leave to intervene and request a hearing on the antitrust aspects of the 
application. The notice will state that petitions for leave to intervene 
and requests for hearing shall be filed within 30 days after publication 
of the notice.

[27 FR 377, Jan. 13, 1962, as amended at 36 FR 13270, July 17, 1971; 37 
FR 15130, July 28, 1972; 47 FR 9986, Mar. 9, 1982; 69 FR 2235, Jan. 14, 
2004]