Authority and role of the NRC staff.

CFR · 2024-01-01 · US · Title 10

(a) During the pendency of any hearing under this subpart, consistent with the NRC staff's findings in its review of the application or matter that is the subject of the hearing and as authorized by law, the NRC staff is expected to promptly issue its approval or denial of the application, or take other appropriate action on the matter that is the subject of the hearing. When the NRC staff takes its action, it must notify the presiding officer and the parties to the proceeding of its action. That notice must include the NRC staff's explanation why the public health and safety is protected and why the action is in accord with the common defense and security despite the pendency of the contested matter before the presiding officer. The NRC staff's action on the matter is effective upon issuance, except in matters involving: (1) An application to construct and/or operate a production or utilization facility; (2) An application for the construction and operation of an independent spent fuel storage installation located at a site other than a reactor site or a monitored retrievable storage facility under 10 CFR part 72; or (3) Production or utilization facility licensing actions that involve significant hazards considerations as defined in 10 CFR 50.92. (b)(1) The NRC staff is not required to be a party to proceedings under this subpart, except where: (i) The proceeding involves an application denied by the NRC staff or an enforcement action proposed by the staff; or (ii) The pres

official document · source cfr-2024 · id 10:§ 2.1403