[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR2.105] [Page 33-34] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 2_RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF Subpart A_Procedure for Issuance, Amendment, Transfer, or Renewal of a License Sec. 2.105 Notice of proposed action. (a) If a hearing is not required by the Act or this chapter, and if the Commission has not found that a hearing is in the public interest, it will, prior to acting thereon, cause to be published in the Federal Register a notice of proposed action with respect to an application for: (1) A license for a facility; (2) A license for receipt of waste radioactive material from other persons for the purpose of commercial disposal by the waste disposal licensee. All licenses issued under part 61 of this chapter shall be so noticed; (3) An amendment of a license specified in paragraph (a) (1) or (2) of this section and which involves a significant hazards consideration; (4) An amendment to an operating license for a facility licensed under Sec. 50.21(b) or Sec. 50.22 of this chapter or for a testing facility, as follows: (i) If the Commission determines under Sec. 50.58 of this chapter that the amendment involves no significant hazards consideration, though it will provide notice of opportunity for a hearing pursuant to this section, it may make the amendment immediately effective and grant a hearing thereafter; or (ii) If the Commission determines under Sec. Sec. 50.58 and 50.91 of this chapter that an emergency situation exists or that exigent circumstances exist and that the amendment involves no significant hazards consideration, it will provide notice of opportunity for a hearing pursuant to Sec. 2.106 (if a hearing is requested, it will be held after issuance of the amendment); (5) A license to receive and possess high-level radioactive waste at a geologic repository operations area pursuant to parts 60 or 63 of this chapter, or an amendment thereto, when the license or amendment would authorize actions which may significantly affect the health and safety of the public; (6) An amendment to a construction authorization for a high-level radioactive waste at a geologic repository operations area pursuant to parts 60 or 63 of this chapter, when such an amendment would authorize actions which may significantly affect the health and safety of the public; (7) A license under part 72 of this chapter to acquire, receive or possess spent fuel for the purpose of storage in an independent spent fuel storage installation (ISFSI) or to acquire, receive or possess spent fuel, high-level radioactive waste or radioactive material associated with high-level radioactive waste for the purpose of storage in a monitored retrievable storage installation (MRS); (8) An amendment to a license specified in paragraph (a)(7) of this section when such an amendment presents a genuine issue as to whether the health and safety of the public will be significantly affected; or [[Page 34]] (9) Any other license or amendment as to which the Commission determines that an opportunity for a public hearing should be afforded; (10) In the case of an application for an operating license for a facility of a type described in Sec. 50.21(b) or Sec. 50.22 of this chapter or a testing facility, a notice of opportunity for hearing shall be issued as soon as practicable after the application has been docketed; or (11) In the case of an application for a license to receive and possess high-level radioactive waste at a geologic repository operations area, a notice of opportunity for hearing, as required by this paragraph, shall be published prior to Commission action authorizing receipt of such wastes; this requirement is in addition to the procedures set out in Sec. Sec. 2.101(f)(8) and 2.104 of this part, which provide for a hearing on the application prior to issuance of a construction authorization. (b) The notice of proposed action will set forth: (1) The nature of the action proposed; (2) The manner in which a copy of the safety analysis and of the ACRS report, if any, may be obtained or examined. (c) If an application for a license is complete enough to permit all evaluations, other than completion inspection, necessary for the issuance of a construction permit and operating license, the notice of proposed issuance of a construction permit may provide that on completion of construction and inspection the operating license will be issued without further prior notice. (d) The notice of proposed action will provide that, within thirty (30) days from the date of publication of the notice in the Federal Register, or such lesser period authorized by law as the Commission may specify: (1) The applicant may file a request for a hearing; and (2) Any person whose interest may be affected by the proceeding may file a request for a hearing or a petition for leave to intervene if a hearing has already been requested. (e)(1) If no request for a hearing or petition for leave to intervene is filed within the time prescribed in the notice, the Director of Nuclear Reactor Regulation or the Director of Nuclear Material Safety and Safeguards, as appropriate, may take the proposed action, inform the appropriate State and local officials, and publish in the Federal Register a notice of issuance of the license or other action. (2) If a request for a hearing or a petition for leave to intervene is filed within the time prescribed in the notice, the presiding officer who shall be an Atomic Safety and Licensing Board established by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition, and the Secretary or the presiding officer will issue a notice of hearing or an appropriate order. [27 FR 377, Jan. 13, 1962] Editorial Note: For Federal Register citations affecting Sec. 2.105, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.