Designation of issues for adjudicatory hearing.

CFR · 2024-01-01 · US · Title 10

(a) After due consideration of the oral presentation and the written facts and data submitted by the parties and relied on at the oral argument, the presiding officer shall promptly by written order: (1) Designate any disputed issues of fact, together with any remaining issues of law, for resolution in an adjudicatory hearing; and (2) Dispose of any issues of law or fact not designated for resolution in an adjudicatory hearing. (b) No issue of law or fact shall be designated for resolution in an adjudicatory hearing unless the presiding officer determines that: (1) There is a genuine and substantial dispute of fact which can only be resolved with sufficient accuracy by the introduction of evidence in an adjudicatory hearing; and (2) The decision of the Commission is likely to depend in whole or in part on the resolution of that dispute. (c) In making a determination under paragraph (b) of this section, the presiding officer shall not consider: (1) Any issue relating to the design, construction, or operation of any civilian nuclear power reactor already licensed to operate at the site, or any civilian nuclear power reactor for which a construction permit has been granted at the site, unless the presiding officer determines that any such issue substantially affects the design, construction, or operation of the facility or activity for which a license application, authorization, or amendment to expand the spent nuclear fuel storage capacity is being considered; or (2) Any siting

official document · source cfr-2024 · id 10:§ 2.1115