[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: 10CFR2.315]

[Page 51-52]
 
                            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.  2.315  Participation by a person not a party.

    (a) A person who is not a party (including persons who are 
affiliated with or represented by a party) may, in the discretion of the 
presiding officer, be permitted to make a limited appearance by making 
an oral or written statement of his or her position on the issues at any 
session of the hearing or any prehearing conference within the limits 
and on the conditions fixed by the presiding officer. However, that 
person may not otherwise participate in the proceeding. Such statements 
of position shall not be considered evidence in the proceeding.
    (b) The Secretary will give notice of a hearing to any person who 
requests it before the issuance of the notice of hearing, and will 
furnish a copy of the notice of hearing to any person who requests it 
thereafter. If a communication bears more than one signature, the 
Commission will give the notice to the person first signing unless the 
communication clearly indicates otherwise.
    (c) The presiding officer will afford an interested State, local 
governmental body (county, municipality or other subdivision), and 
affected, Federally-recognized Indian Tribe, which has not been admitted 
as a party under Sec.  2.309, a reasonable opportunity to participate in 
a hearing. Each State, local governmental body, and affected Federally-
recognized Indian Tribe shall, in its request to participate in a 
hearing, each designate a single representative for the hearing. The 
representative shall be permitted to introduce evidence, interrogate 
witnesses where cross-examination by the parties is permitted, advise 
the Commission

[[Page 52]]

without requiring the representative to take a position with respect to 
the issue, file proposed findings in those proceedings where findings 
are permitted, and petition for review by the Commission under Sec.  
2.341 with respect to the admitted contentions. The representative shall 
identify those contentions on which it will participate in advance of 
any hearing held.
    (d) If a matter is taken up by the Commission under Sec.  2.341 or 
sua sponte, a person who is not a party may, in the discretion of the 
Commission, be permitted to file a brief ``amicus curiae.'' Such a 
person shall submit the amicus brief together with a motion for leave to 
do so which identifies the interest of the person and states the reasons 
why a brief is desirable. Unless the Commission provides otherwise, the 
brief must be filed within the time allowed to the party whose position 
the brief will support. A motion of a person who is not a party to 
participate in oral argument before the Commission will be granted at 
the discretion of the Commission.