Pre-License Application Presiding Officer.

CFR · 2024-01-01 · US · Title 10

(a)(1) The Commission may designate one or more members of the Commission, or an atomic safety and licensing board, or a named officer who has been delegated final authority on the matter to serve as the Pre-License Application Presiding Officer to rule on disputes over the electronic availability of documents during the pre-license application phase, including disputes relating to privilege, and disputes relating to the implementation of the recommendations of the Advisory Review Panel established under § 2.1011(d). (2) The Pre-License Application Presiding Officer shall be designated at such time during the pre-license application phase as the Commission finds it appropriate, but in any event no later than fifteen days after the DOE certification of initial compliance under § 2.1009(b). (b) The Pre-License Application Presiding Officer shall rule on any claim of document withholding to determine— (1) Whether it is documentary material within the scope of this subpart; (2) Whether the material is excluded under § 2.1005; (3) Whether the material is privileged or otherwise excepted from disclosure under § 2.1006; (4) If privileged, whether it is an absolute or qualified privilege; (5) If qualified, whether the document should be disclosed because it is necessary to a proper decision in the proceeding; (6) Whether the material should be disclosed under a protective order containing such protective terms and conditions (including affidavits of nondisclosure) as may be necessary

official document · source cfr-2024 · id 10:§ 2.1010