10 C.F.R. § 140.82

Procedures

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(a) The Commission may initiate, on its own motion, the making of a determination as to whether or not there has been an extraordinary nuclear occurrence. In the event the Commission does not so initiate the making of a determination, any affected person, or any licensee or person with whom an indemnity agreement is executed or a person providing financial protection may petition the Commission for a determination of whether or not there has been an extraordinary nuclear occurrence. If the Commission does not have, or does not expect to have, within 7 days after it has received notification of an alleged event, enough information available to make a determination that there has been an extraordinary nuclear occurrence, the Commission will publish a notice in the Federal Register setting forth the date and place of the alleged event and requesting any persons having knowledge thereof to submit their information to the Commission.

(b) When a procedure is initiated under paragraph (a) of this section, the Commission will designate members of the principal staff to begin immediately to assemble the relevant information and prepare a report on which the Commission can make its determination.

[33 FR 15999, Oct. 31, 1968, as amended at 40 FR 8794, Mar. 3, 1975]
Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2021–2021 · leading case: James Matthews v. Centrus Energy Corp., 15 F.4th 714 (6th Cir. 2021).
James Matthews v. Centrus Energy Corp., 15 F.4th 714 (6th Cir. 2021). · cites it 2× “Page 14 See 10 C.F.R. § 140.82 (a). It follows, says plaintiffs, that because an “extraordinary nuclear occurrence” requires publication, a “nuclear incident” (that is, “any occurrence” causing certain harms related to radioactive material) necessarily requires publication too,…”
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