Separation of functions.

CFR · 2024-01-01 · US · Title 10

(a) In any proceeding under this part, any NRC officer or employee engaged in the performance of any investigative or litigating function in the proceeding or in a factually related proceeding with respect to a disputed issue in that proceeding, may not participate in or advise a Commission adjudicatory employee about the initial or final decision with respect to that disputed issue, except— (1) As witness or counsel in the proceeding; (2) Through a written communication served on all parties and made on-the-record of the proceeding; or (3) Through an oral communication made both with reasonable prior notice to all parties and with reasonable opportunity for all parties to respond. (b) The prohibition in paragraph (a) of this section does not apply to— (1) Communications to or from any Commission adjudicatory employee regarding— (i) The status of a proceeding; (ii) Matters for which the communications are specifically permitted by statute or regulation; (iii) NRC participation in matters pending before a court or another agency; or (iv) Generic issues involving public health and safety or other statutory responsibilities of the NRC (e.g., rulemakings, congressional hearings on legislation, budgetary planning) not associated with the resolution of any proceeding under this subpart pending before the NRC. (2) Communications to or from Commissioners, members of their personal (i) Initiation or direction of an investigation or initiation of an enforcement proceeding; (ii) Supervi

official document · source cfr-2024 · id 10:§ 2.348