[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: 10CFR2.305]

[Page 44-45]
 
                            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 C_Rules of General Applicability: Hearing Requests, Petitions to 
 
Sec. 2.305  Service of papers, methods, proof.

    (a) Service of papers by the Commission. Except for subpoenas, the 
Commission will serve all orders, decisions, notices, and other papers 
issued by it upon all parties.
    (b) Who may be served. Any paper required to be served upon a party 
must be served upon that person or upon the representative designated by 
the party or by law to receive service of papers. When a party has 
appeared by attorney, service must be made upon the attorney of record.
    (c) How service may be made. Service may be made by personal 
delivery or courier, by express mail or expedited delivery service, by 
first class, certified or registered mail, by e-mail or facsimile 
transmission, or as otherwise authorized by law. If service is made by 
e-mail or facsimile transmission, the original signed copy must be 
transmitted to the Secretary by personal delivery, courier, express mail 
or expedited delivery service, or first class, certified, or registered 
mail. In addition, if service is by e-mail, a paper copy must also be 
served by any other service method permitted under this paragraph. Where 
there are numerous parties to a proceeding, the Commission may make 
special provision regarding the service of papers. The presiding officer 
shall require service by the most expeditious means that is available to 
all parties in the proceeding, including express mail or expedited 
delivery service, and/or electronic or facsimile transmission, unless 
the presiding officer finds that this requirement would impose undue 
burden or expense on some or all of the parties.
    (d) Service on the Secretary. (1) All pleadings must be served on 
the Secretary of the Commission in the same or equivalent manner, i.e., 
personal delivery or courier, express mail or expedited delivery 
service, facsimile or electronic transmission, that they are served upon 
the adjudicatory tribunals and the parties to the proceedings, so that 
the Secretary will receive the pleading at approximately the same time 
that it is received by the tribunal to which the pleading is directed.
    (2) When pleadings are personally delivered to tribunals while they 
are conducting proceedings outside the Washington, DC area, service on 
the Secretary may be accomplished by courier, express mail or expedited 
delivery service, or by electronic or facsimile transmission.
    (3) Service of pre-filed testimony and demonstrative evidence (e.g., 
maps and other physical exhibits) on the Secretary may be made by first 
class mail in all cases, unless the presiding officer directs otherwise.
    (4) The addresses for the Secretary are:
    (i) First class mail: Office of the Secretary, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings 
and Adjudications Staff.
    (ii) Courier, express mail, and expedited delivery services: Office 
of the Secretary, Sixteenth Floor, One White Flint North, 11555 
Rockville Pike, Rockville, MD 20852, Attention: Rulemakings and 
Adjudications Staff.
    (iii) E-mail addressed to the Secretary, U.S. Nuclear Regulatory 
Commission, HEARINGDOCKET@NRC.GOV; and
    (iv) Facsimile transmission addressed to the Office of the 
Secretary, U.S. Nuclear Regulatory Commission, Washington, DC, 
Attention: Rulemakings and Adjudications Staff, at (301) 415-1101; 
verification number is (301) 415-1966.
    (e) When service is complete. Service upon a party is complete:
    (1) By personal delivery, on handing the paper to the individual, or 
leaving it at his office with that person's clerk or other person in 
charge or, if there is no one in charge, leaving it in a conspicuous 
place in the office, or if the office is closed or the person to be 
served has no office, leaving it at his usual place of residence with 
some person of suitable age and discretion then residing there;
    (2) By mail, on deposit in the United States mail, properly stamped 
and addressed;

[[Page 45]]

    (3) By electronic mail, on transmission thereof, and service of a 
copy by another method of service permitted in paragraph (c) of this 
section;
    (4) By facsimile transmission, on transmission thereof and receipt 
of electronic confirmation that one or more of the addressees for a 
party has successfully received the transmission. If the sender receives 
an electronic message that the facsimile transmission to an addressee 
was not deliverable or is otherwise informed that a transmission was 
unreadable, transmission to that person is not considered complete. In 
such an event, the sender shall reserve the document in accordance with 
paragraph (e)(1) through (e)(4) of this section; or
    (5) When service cannot be effected in a manner provided by 
paragraphs (e)(1) to (4) inclusive of this section, in any other manner 
authorized by law.
    (f) Service on the NRC staff. (1) Service shall be made upon the NRC 
staff of all papers and documents required to be filed with parties and 
the presiding officer in all proceedings, including those proceedings 
where the NRC staff informs the presiding officer of its determination 
not to participate as a party.
    (2) If the NRC staff decides not to participate as a party in a 
proceeding, it shall, in its notification to the presiding officer and 
parties of its determination not to participate, designate a person and 
address for service of papers and documents.