[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: 10CFR2.311]

[Page 49]
 
                            TITLE 10--ENERGY
 
                CHAPTER I--NUCLEAR REGULATORY COMMISSION
 
PART 2_RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF 
 
Subpart C_Rules of General Applicability: Hearing Requests, Petitions To 
 
Sec.  2.311  Interlocutory review of rulings on requests for hearing/petitions 

to intervene and selection of hearing procedures.

    (a) An order of the presiding officer or of the Atomic Safety and 
Licensing Board on a request for hearing or a petition to intervene may 
be appealed to the Commission, only in accordance with the provisions of 
this section, within ten (10) days after the service of the order. The 
appeal must be initiated by the filing of a notice of appeal and 
accompanying supporting brief. Any party who opposes the appeal may file 
a brief in opposition to the appeal within ten (10) days after service 
of the appeal. The supporting brief and any answer must conform to the 
requirements of Sec.  2.341(c)(2). No other appeals from rulings on 
requests for hearings are allowed.
    (b) An order denying a petition to intervene and/or request for 
hearing is appealable by the requestor/petitioner on the question as to 
whether the request and/or petition should have been granted.
    (c) An order granting a petition to intervene and/or request for 
hearing is appealable by a party other than the requestor/petitioner on 
the question as to whether the request/petition should have been wholly 
denied.
    (d) An order selecting a hearing procedure may be appealed by any 
party on the question as to whether the selection of the particular 
hearing procedures was in clear contravention of the criteria set forth 
in Sec.  2.310. The appeal must be filed with the Commission no later 
than ten (10) days after issuance of the order selecting a hearing 
procedure.