Section 2.347 applies in a legislative hearing. Section 2.348 applies in a legislative hearing only where the hearing addresses an issue certified to the Commission under Sec. 2.335(d), and then only with respect to the underlying contested matter.
Sec. Appendix A to Part 2 [Reserved]
Sec. Appendix B to 10 CFR Part 2--Model Milestones To Be Used By a
Presiding Officer as a Guideline in Developing a Hearing Schedule for
the Conduct of an Adjudicatory Proceeding in Accordance With 10 CFR
2.332.
I. Model Milestones for a Hearing on an Enforcement Action Conducted
Under 10 CFR Part 2, Subpart G
These model milestones would apply to enforcement proceedings conducted under 10 CFR Part 2, Subpart G. As required by 10 CFR 2.332 and 2.334, the presiding officer establishes, by order, a schedule for the conduct of the proceeding. In establishing a schedule, the presiding officer should use these milestones as a starting point, make appropriate modifications to the milestones, and set detailed schedules (e.g., for filings) based upon all relevant information. Such information would include, but not be limited to, the complexity of the issues, any other relevant consideration that a party brings to the attention of the presiding officer, and the NRC's interest in providing a fair and expeditious resolution of the issues to be adjudicated in the proceeding. The model milestones are based on the Commission's Rules of Practice in 10 CFR Part 2, Subparts B, C, and G.
The model milestones are based upon the following assumptions: (i) the issues to be litigated will involve both disputes over fact and issues of compliance with the Commission's regulations and requirements; and (ii) no petitions to intervene are filed pursuant to 10 CFR 2.309(a)-(b). The model milestones reflect electronic filing and service in accordance with 10 CFR 2.305. In some cases, preparation of direct testimony and motions for summary disposition can proceed once initial mandatory disclosures have been made. The time periods set forth in the model milestones reflect these assumptions.
Model Milestones
[10 CFR Part 2, Subpart G]------------------------------------------------------------------------
------------------------------------------------------------------------
Within 20 days of date Person subject to order
of enforcement order: files answer; if order
immediately effective,
motion to set aside
immediate effectiveness
due; requests for hearing
due.
Within 100 days of Presiding officer issues
enforcement order: order on hearing request by
person who is subject of
enforcement order.
Within 25 days of Presiding officer sets
presiding officer decision granting initial schedule for the
hearing: proceeding.
Within 145 days of Discovery complete.
presiding officer decision granting
hearing:
Within 155 days of Motions for summary
presiding officer decision granting disposition due.
hearing:
Within 235 days of Presiding officer decisions
presiding officer decision granting on motions for summary
hearing: disposition.
Within 245 days of Prehearing conference
presiding officer decision granting (optional); presiding
hearing: officer sets schedule for
remainder of proceeding.
Within 275 days of Written testimony filed.
presiding officer decision granting
hearing:
Within 90 days of end Presiding officer issues
of evidentiary hearing and closing of initial decision.
record:------------------------------------------------------------------------ II. Model Milestones for Hearings Conducted Under 10 CFR Part 2, Subpart
L
These model milestones would apply to proceedings conducted under 10 CFR Part 2, Subpart L, including those on applications for combined licenses (COLs), renewed licenses, and license amendments. While such proceedings differ insofar as the scope and complexity of the NRC staff reviews for the requested actions may vary, such differences will be reflected in the staff's schedule for issuing its review documents in a particular type of action. Because the milestones are keyed to the staff's review schedule, separate milestones are not identified for proceedings on the different types of actions.
As required by 10 CFR 2.332 and 2.334, the presiding officer establishes, by order, a schedule for the conduct of each proceeding. In establishing a schedule, the presiding officer should use these milestones as a starting point, make appropriate modifications to the milestones, and set detailed schedules (e.g., for filings) based upon all relevant information. Such information would include, but not be limited to, the number of contentions admitted, the complexity of the issues, the NRC staff's schedule for completion of its safety and environmental evaluations, any other relevant consideration that a party brings to the attention of the presiding officer, and the NRC's interest in providing a fair and expeditious resolution of the issues sought to be admitted for adjudication in the proceeding. The model milestones are based on the Commission's Rules of Practice in 10 CFR Part 2, Subparts B, C, and L.
The model milestones include only the most significant events in the proceeding and are based upon the following assumptions: (I) the issues to be litigated will involve both disputes over fact and issues of compliance with the Commission's regulations and requirements; (ii) an oral hearing under 10 CFR 2.1207 will be held rather than a written hearing under 10 CFR 2.1208; and (iii) the final Safety Evaluation Report (SER) and final environmental document will be issued simultaneously. The model milestones reflect electronic filing and service in accordance with 10 CFR 2.305.
Model Milestones
[10 CFR Part 2, Subpart L]------------------------------------------------------------------------
------------------------------------------------------------------------
Within 140 of Presiding officer decision
publication days of notice in Federal on intervention petitions
Register: and admission of
contentions.
Within 55 days of Presiding officer to set
presiding officer decision granting initial schedule for
intervention and admitting contentions: proceeding, based on staff
schedule for issuing draft
and final SERs and any
necessary NEPA document.
Within 30 days of Proposed late-filed
issuance of SER and any necessary NEPA contentions on SER and
document: necessary NEPA documents
filed; motions for summary
disposition on previously
admitted contentions due.
Within 85 days of Presiding officer decision
issuance of SER and NEPA document: on admission of proposed
late-filed contentions and
motions for summary
disposition; presiding
officer sets schedule for
remainder of proceeding.
Within 14 days after All parties complete updates
presiding officer decision on amended/ of mandatory disclosures.
late-filed contentions:
Within 115 days of Motions for summary
issuance of SER and NEPA document: disposition due.
Within 155 days of Written direct testimony
issuance of SER and NEPA document: filed.
Within 175 days of Evidentiary hearing begins.
issuance of SER and NEPA document:
Within 90 days of end Presiding officer issues
of evidentiary hearing and closing of initial decision.
record:------------------------------------------------------------------------ III. Model Milestones for a Hearing on a Transfer of a License Conducted
Under 10 CFR Part 2, Subpart M
These model milestones would apply to proceedings conducted under 10 CFR Part 2, Subpart M on applications for license transfer. As required by 10 CFR 2.332 and 2.334, the presiding officer establishes, by order, a schedule for the conduct of each proceeding. In establishing a schedule, the presiding officer should use these milestones as a starting point, make appropriate modifications to the milestones, and set detailed schedules (e.g., for filings) based upon all relevant information. Such information would include, but not be limited to, the number of contentions admitted, the complexity of the issues, the NRC staff's schedule for completion of its safety and environmental evaluations, any other relevant consideration that a party brings to the attention of the presiding officer, and the NRC's interest in providing a fair and expeditious resolution of the issues sought to be admitted for adjudication in the proceeding. The model milestones are based on the Commission's Rules of Practice in 10 CFR Part 2, Subparts B, C and M.
The model milestones include only the most significant events in the proceeding, and are based upon the following assumptions: (i) The issues to be litigated will involve both disputes over fact and issues of compliance with the Commission's regulations and requirements; (ii) the parties do not file a joint request under 10 CFR 2.1308 for a hearing consisting of written comments; (iii) the final Safety Evaluation Report (SER) is not necessary to resolve the issues to be litigated; (iv) the Commission itself does not serve as the presiding officer; and (v) the Commission does not order further taking of testimony after the presiding officer certifies the record to the Commission under 10 CFR 2.1319(f). The model milestones reflect electronic filing and service in accordance with 10 CFR 2.305.
Model Milestones
[10 CFR Part 2, Subpart M]------------------------------------------------------------------------
------------------------------------------------------------------------
Within 100 days of Presiding officer decision
publication of Federal Register notice of on intervention petitions
opportunity for hearing: and admission of
contentions.
Within 30 days of order NRC staff and other parties
granting hearing petitions: complete mandatory
disclosures.
Within 12 days of Presiding Officer issues
completion of mandatory disclosures: scheduling order to
address, inter alia,
scheduling of oral hearing,
filing of written
statements of position,
direct testimony, and
rebuttal testimony.
Within 45 days of Oral hearing commences.
scheduling order:
Within 25 days after Presiding officer certifies
hearing ends: hearing record to the
Commission.------------------------------------------------------------------------
IV. Model Milestones for a Hearing on an Enforcement Action Conducted
Under 10 CFR Part 2, Subpart N
These model milestones would apply to enforcement proceedings conducted under 10 CFR Part 2, Subpart N. As required by 10 CFR 2.332 and 2.334, the presiding officer establishes, by order, a schedule for the conduct of each proceeding. In establishing a schedule, the presiding officer should use these milestones as a starting point, make appropriate modifications to the milestones, and set detailed schedules based upon all relevant information. The model milestones are based on the Commission's Rules of Practice in 10 CFR Part 2, Subparts B, C, and N.
The model milestones are based upon the following assumptions: (i) The issues to be litigated will involve both disputes over fact and issues of compliance with the Commission's regulations and requirements; and (ii) no petitions to intervene are filed pursuant to 10 CFR 2.309(a)-(b). The model milestones reflect electronic filing and service in accordance with 10 CFR 2.305. The only discovery provided is the mandatory disclosure made by each party pursuant to 10 CFR 2.336.
Model Milestones
[10 CFR Part 2, Subpart N]------------------------------------------------------------------------
------------------------------------------------------------------------
Within 20 of date of Person subject to order
enforcement order: files answer; if order
immediately effective,
motion to set aside
immediate effectiveness
due; requests for hearing
due, including joint motion
to use Subpart N
procedures.
Within 50 days of date Presiding officer decision
of enforcement order: on requests for hearing and
confirms use of Subpart N
procedures (note: if
presiding officer concludes
that Subpart N procedures
should not be used, the
Model Milestone for
Enforcement Actions under
Subpart G are applicable).
Within 30 days of Mandatory disclosures
presiding officer decision granting complete.
hearing:
Within 40 days of Prehearing conference to
presiding officer decision granting specify issues for hearing
hearing: and set schedules for
remaining course of
proceeding.
Within 60 days of Evidentiary hearing begins.
presiding officer decision granting
hearing:
Within 30 days of end Presiding officer issues
of evidentiary hearing and closing of initial decision.
record:------------------------------------------------------------------------ [70 FR 20462, Apr. 20, 2005]
Sec. Appendix C to Part 2 [Reserved] Sec. Appendix D to Part 2--Schedule for the Proceeding on Consideration
of Construction Authorization for a High-Level Waste Geologic
Repository. ------------------------------------------------------------------------
Day Regulation (10 CFR) Action------------------------------------------------------------------------
0 2.101(f)(8), 2.105(a)(5)........ Federal Register Notice of
Hearing.
30 2.309(b)(2)..................... Petition to intervene/request
for hearing, w/contentions.
30 2.309(b)(2)..................... Petition for status as
interested government
participant.
55 2.315(c)........................ Answers to intervention &
interested government
participant Petitions.
62 2.309(h)(1)..................... Petitioner's response to
answers.
70 2.1021.......................... First Prehearing conference.
100 2.309(h)(2)..................... First Prehearing Conference
Order identifying participants
in proceeding, admitted
contentions, and setting
discovery and other schedules.
110 2.1021.......................... Appeals from First Prehearing
Conference Order.
120 ................................ Briefs in opposition to
appeals.
150 2.1021, 2.329................... Commission ruling on appeals
for First Prehearing
Conference Order.
548 ................................ NRC Staff issues SER.
578 2.1022.......................... Second Prehearing Conference.
608 2.1021, 2.1022.................. Discovery complete; Second
Prehearing Conference Order
finalizes issues for hearing
and sets schedule for prefiled
testimony and hearing.
618 2.1015(b)....................... Appeals from Second Prehearing
Conference Order.
628 2.1015(b), c.f. 2.710(a)........ Briefs in opposition to
appeals; last date for filing
motions for summary
disposition.
648 c.f. 2.710(a)................... Last date for responses to
summary disposition motions.
658 2.710(a)........................ Commission ruling on appeals
from Second Prehearing
Conference Order; last date
for party opposing summary
disposition motion to file
response to new facts and
arguments in any response
supporting summary disposition
motion.
698 2.1015(b)....................... Decision on summary disposition
motions (may be determination
to dismiss or to hold in
abeyance).
720 c.f. 2.710(a)................... Evidentiary hearing begins.
810 ................................ Evidentiary hearing ends.
840 2.712(a)(1)..................... Applicant's proposed findings.
850 2.712(a)(2)..................... Other parties' proposed
findings.
855 2.712(a)(3)..................... Applicant's reply to other
parties' proposed findings.
955 2.713........................... Initial decision.
965 2.342(a), 2.345(a), 2.1015(c)(1) Stay motion. Petition for
reconsideration, notice of
appeal.
975 2.342(d), 2.345(b).............. Other parties' responses to
stay motion and Petitions for
reconsideration.
985 ................................ Commission ruling on stay
motion.
995 2.1015(c)(2).................... Appellant's briefs.
1015 2.1015(c)(3).................... Appellee's briefs.
1055 2.1023 Supp. Info............... Completion of NMSS and
Commission supervisory review;
issuance of construction
authorization; NWPA 3-year
period tolled.
1125 ................................ Commission decision.------------------------------------------------------------------------ [69 FR 2275, Jan. 14, 2004; 69 FR 25997, May 11, 2004]