(a) A participant may petition that a Commission rule or regulation be waived with respect to the license application under consideration.
(b) The sole ground for a waiver shall be that, because of special circumstances concerning the subject of the hearing, application of a rule or regulation would not serve the purposes for which it was adopted.
(c) Waiver petition shall specify why application of the rule or regulation would not serve the purposes for which it was adopted.
(d) Other participants may, within 10 days, file a response to a waiver petition.
(e) When the Commission does not preside, the presiding officer will certify the waiver petition to the Commission, which, in response, will grant or deny the waiver or direct any further proceedings.
(f) Regardless of whether a waiver is granted or denied, a separate petition for rulemaking may be filed pursuant to subpart K of this part.
[43 FR 21641, May 19, 1978, as amended at 62 FR 59277, Nov. 3, 1997]
authority: Atomic Energy Act of 1954, secs. 11, 51, 53, 54, 57, 62, 63, 64, 65, 81, 82, 103, 104, 109, 111, 121, 122, 123, 124, 126, 127, 128, 129, 133, 134, 161, 170H, 181, 182, 183, 184, 186, 187, 189, 223, 234 (
42 U.S.C. 2014,
2071,
2073,
2074,
2077,
2092,
2093,
2094,
2095,
2111,
2112,
2133,
2134,
2139,
2141,
2151,
2152,
2153,
2154,
2155,
2156,
2157,
2158,
2160c,
2160d,
2201,
2210h,
2231,
2232,
2233,
2234,
2236,
2237,
2239,
2273,
2282; Energy Reorganization Act of 1974, sec. 201 (
42 U.S.C. 5841); Administrative Procedure Act (
5 U.S.C. 552,
553;
42 U.S.C. 2139a,
2155a;
44 U.S.C. 3504 note
source: 43 FR 21641, May 19, 1978, unless otherwise noted.
cite as: 10 CFR 110.111