---
kind: "section"
citation: "10 C.F.R. § 76.41"
title: "10"
number: "76.41"
heading: "Record underlying decisions."
url: "https://uscodex.org/cfr/10/76.41"
---

# §76.41. Record underlying decisions.

- (a) Any decision of the Commission or its designee under this part in any proceeding regarding an application for a certificate must be based on information in the record and facts officially noticed in the proceeding.
- (b) All public comments and correspondence in any proceeding regarding an application for a certificate must be made a part of the public docket of the proceeding, except as provided under [10 CFR 2.390](/cfr/10/2.390.md).

## Notes

### Amendments

[59 FR 48960, Sept. 23, 1994, as amended at 69 FR 2281, Jan. 14, 2004]

### Authority

Authority: Atomic Energy Act of 1954, secs. 122, 161, 193(f), 223, 234, 1701 (42 U.S.C. 2152, 2201, 2243(f), 2273, 2282, 2297f); Energy Reorganization Act of 1974, secs. 201, 206, 211 (42 U.S.C. 5841, 5846, 5851); 44 U.S.C. 3504 note. Section 76.22 is also issued under Atomic Energy Act sec. 193(f) (42 U.S.C. 2243(f)). Section 76.35(j) also issued under Atomic Energy Act sec. 122 (42 U.S.C. 2152).

### Source

Source: 59 FR 48960, Sept. 23, 1994, unless otherwise noted.

### Amendments

[59 FR 48960, Sept. 23, 1994, as amended at 69 FR 2281, Jan. 14, 2004]