(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.
[59 FR 48960, Sept. 23, 1994, as amended at 69 FR 2281, Jan. 14, 2004]
authority: Atomic Energy Act of 1954, secs. 122, 161, 193(f), 223, 234, 1701 (
42 U.S.C. 2152,
2201,
2243,
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
source: 59 FR 48960, Sept. 23, 1994, unless otherwise noted.
cite as: 10 CFR 76.41