(a) The Director, Office of Nuclear Reactor Regulation, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, may deny an application if an applicant fails to respond to a request for additional information within thirty (30) days from the date of the request, or within such other time as may be specified.
(b) The Director, Office of Nuclear Reactor Regulation, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, will cause to be published in the Federal Register a notice of denial when notice of receipt of the application has previously been published, but notice of hearing has not yet been published. The notice of denial will provide that, within thirty (30) days after the date of publication in the Federal Register.
(1) The applicant may demand a hearing, and
(2) Any person whose interest may be affected by the proceeding may file a petition for leave to intervene.
(c) When both a notice of receipt of the application and a notice of hearing have been published, the presiding officer, upon a motion made by the staff under § 2.323, will rule whether an application should be denied by the Director, Office of Nuclear Reactor Regulation, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, under paragraph (a) of this section.
[77 FR 46590, Aug. 3, 2012, as amended at 84 FR 65643, Nov. 29, 2019]
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: 27 FR 377, Jan. 13, 1962, unless otherwise noted.
cite as: 10 CFR 2.108