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Notes

§2.339. Expedited decisionmaking procedure.

Cited by 3 provisions

10 C.F.R. § 2.339

(a)
The presiding officer may determine a proceeding by an order after the conclusion of a hearing without issuing an initial decision, when:
(1)
All parties stipulate that the initial decision may be omitted and waive their rights to file a petition for review, to request oral argument, and to seek judicial review;
(2)
No unresolved substantial issue of fact, law, or discretion remains, and the record clearly warrants granting the relief requested; and
(3)
The presiding officer finds that dispensing with the issuance of the initial decision is in the public interest.
(b)
An order entered under paragraph (a) of this section is subject to review by the Commission on its own motion within forty (40) days after its date.
(c)
An initial decision may be made effective immediately, subject to review by the Commission on its own motion within thirty (30) days after its date, except as otherwise provided in this chapter, when:
(1)
All parties stipulate that the initial decision may be made effective immediately and waive their rights to file a petition for review, to request oral argument, and to seek judicial review;
(2)
No unresolved substantial issue of fact, law, or discretion remains and the record clearly warrants granting the relief requested; and
(3)
The presiding officer finds that it is in the public interest to make the initial decision effective immediately.
(d)
The provisions of this section do not apply to an initial decision directing the issuance of a limited work authorization under § 50.10 or § 53.1130 of this chapter; an early site permit under subpart A of part 52 or under subpart H of part 53 of this chapter; a construction permit or construction authorization under part 50 or 53 of this chapter; a combined license under subpart C of part 52 or under subpart H of part 53 of this chapter; or a manufacturing license under subpart F of part 52 or under subpart H of part 53.
Notes, amendments, and revision history

Amendments

[69 FR 2236, Jan. 14, 2004, as amended at 72 FR 49475, Aug. 28, 2007; 91 FR 15768, Mar. 30, 2026]

Source

Source: 69 FR 2236, Jan. 14, 2004, unless otherwise noted.

Authority

Authority: Atomic Energy Act of 1954, secs. 29, 53, 62, 63, 81, 102, 103, 104, 105, 161, 181, 182, 183, 184, 186, 189, 191, 234 (42 U.S.C. 2039, 2073, 2092, 2093, 2111, 2132, 2133, 2134, 2135, 2201, 2231, 2232, 2233, 2234, 2236, 2239, 2241, 2282); Energy Reorganization Act of 1974, secs. 201, 206 (42 U.S.C. 5841, 5846); Nuclear Waste Policy Act of 1982, secs. 114(f), 134, 135, 141 (42 U.S.C. 10134(f), 10154, 10155, 10161); Administrative Procedure Act (5 U.S.C. 552, 553, 554, 557, 558); National Environmental Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 3504 note. Section 2.205(j) also issued under Sec. 31001(s), Pub. L. 104-134, 110 Stat. 1321-373 (28 U.S.C. 2461 note).

Source

Source: 27 FR 377, Jan. 13, 1962, unless otherwise noted.

Amendments

[69 FR 2236, Jan. 14, 2004, as amended at 72 FR 49475, Aug. 28, 2007; 91 FR 15768, Mar. 30, 2026]