10 C.F.R. § 2.104

Notice of hearing

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(a) In the case of an application on which a hearing is required by the Act or this chapter, or in which the Commission finds that a hearing is required in the public interest, the Secretary will issue a notice of hearing to be published in the Federal Register. The notice must be published at least 15 days, and in the case of an application concerning a limited work authorization, construction permit, early site permit, or combined license for a facility of the type described in § 50.21(b) or § 50.22 or subpart H of part 53 of this chapter, as applicable, or a testing facility, at least 30 days, before the date set for hearing in the notice. 1 In addition, in the case of an application for a limited work authorization, construction permit, early site permit, or combined license for a facility of the type described in § 50.22 or subpart H of part 53 of this chapter, as applicable, or a testing facility, the notice must be issued as soon as practicable after the NRC has docketed the application. If the Commission decides, under § 2.101(a)(2), to determine the acceptability of the application based on its technical adequacy as well as completeness, the notice must be issued as soon as practicable after the application has been tendered.

1 If the notice of hearing concerning an application for a limited work authorization, construction permit, early site permit, or combined license for a facility of the type described in § 50.21(b) or § 50.22 or subpart H of part 53 of this chapter, as applicable, or a testing facility, does not specify the time and place of initial hearing, a subsequent notice will be published in the Federal Register which will provide at least 30-day notice of the time and place of that hearing. After this notice is given, the presiding officer may reschedule the commencement of the initial hearing for a later date or reconvene a recessed hearing without again providing at least 30-day notice.

(b) The notice of hearing must state:

(1) The nature of the hearing;

(2) The authority under which the hearing is to be held;

(3) The matters of fact and law to be considered;

(4) The date by which requests for hearing or petitions to intervene must be filed;

(5) The presiding officer designated for the hearing, or the procedure that the Commission will use to designate a presiding officer for the hearing.

(c)(1) The Secretary will transmit a notice of hearing on an application for a license for a production or utilization facility, including a limited work authorization, early site permit, combined license, but not for a manufacturing license, for a license for receipt of waste radioactive material from other persons for the purpose of commercial disposal by the waste disposal licensee, for a license under part 61 of this chapter, for a construction authorization for a high-level waste repository at a geologic repository operations area under parts 60 or 63 of this chapter, for a license to receive and possess high-level radioactive waste at a geologic repository operations area under parts 60 or 63 of this chapter, and for a license under part 72 of this chapter to acquire, receive or possess spent fuel for the purpose of storage in an independent spent fuel storage installation (ISFSI) to the governor or other appropriate official of the State and to the chief executive of the municipality in which the facility is to be located or the activity is to be conducted or, if the facility is not to be located or the activity conducted within a municipality, to the chief executive of the county (or to the Tribal organization, if it is to be located or conducted within an Indian reservation).

(2) The Secretary will transmit a notice of hearing on an application for a license under part 72 of this chapter to acquire, receive or possess spent fuel, high-level radioactive waste or radioactive material associated with high-level radioactive waste for the purpose of storage in a monitored retrievable storage installation (MRS) to the same persons who received the notice of docketing under § 72.16(e) of this chapter.

[72 FR 49472, Aug. 28, 2007, as amended at 72 FR 57439, Oct. 9, 2007; 91 FR 15766, Mar. 30, 2026]

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1971–2025 · leading case: City of West Chicago v. United States Nuclear Regulatory Comm'n, 701 F.2d 632 (7th Cir. 1983).

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City of West Chicago v. United States Nuclear Regulatory Comm'n, 701 F.2d 632 (7th Cir. 1983). · cites it 5× “The City argues that NRC must hold a formal, adversarial, trial-type hearing as provided by NRC regulations, 10 C.F.R. §§ 2.104 and 2.105. We shall refer to the hearing process outlined in those Sections as a “formal hearing.”

Oystershell All. v. United States Nuclear Regulatory Comm'n & United States of Am., Louisiana Power & Light Co., Intervenor, 800 F.2d 1201 (D.C. Cir. 1986). · cites it 2× “§ 2239 ; 10 C.F.R. § 2.104 (b). On the other hand, hearings on operating license applications are held only when an interested person requests one, 42 U.”

Carolina Env't Study Grp. v. The United States of Am. & the United States Atomic Energy Comm'n, Duke Power Co., Intervenor, 510 F.2d 796 (D.C. Cir. 1975). “A public *798 notice of hearings pursuant to 10 C.F.R. 2.104 was issued. Thereafter, Carolina Environmental Study Group [Study Group] was made a party-intervenor under 10 C.”

Brodsky v. United States Nuclear Regulatory Comm'n, 783 F. Supp. 2d 448 (S.D.N.Y. 2011). “91 (a); 10 C.F.R. § 2.104 . Plaintiffs assert that the “IPEC ‘exemption’ significantly modifies the actions, responsibilities and obligations of the licensee, and as such is subject to the hearing requirements of 10 C.”

Calvert Cliffs' Coordinating Comm., Inc. v. United States Atomic Energy Comm'n, 449 F.2d 1109 (D.C. Cir. 1971). “Reg. at 7725. The Council also states that an objective of its guidelines is “to assist agencies in implementing not only the letter, but the spirit, of the Act.”

Concerned Citizens v. Nuclear Regulatory Comm'n, 430 F. Supp. 627 (D.R.I. 1977). “g„ 10 CFR § 2.104 (b)(l)(i)(d). Nor has the Court been directed to any formal regulations (as opposed to regulatory guides) which require, prior to docketing, specific information lacking in the NEP application.”

Nuclear Info. & Resource Serv. v. United States Nuclear Regulatory, 918 F.2d 189 (D.C. Cir. 1990). · cites it 5× “§§ 2235 , 2239(a); 10 C.F.R. § 2.104 (b). That hearing would address, inter alia, “the proposed design of the facility,” “[wjhether the applicant is technically [and] *386 financially qualified,” and whether “construction of the facility will be inimical to the .”

Union of Concerned Scientists v. United States Nuclear Regulatory Comm'n, 735 F.2d 1437 (D.C. Cir. 1984). “To authorize a license, the board must find that “there is reasonable assurance that the activities to be authorized by the operating license can be conducted without endangering the health and safety of the public____” 10 C.F.R. § 2.104 (1983). The scope of the board’s hearing…”

Eddleman v. Nuclear Regulatory Comm'n, 825 F.2d 46 (4th Cir. 1987). “§ 2239 ; 10 C.F.R. § 2.104 (b). Conversely, hearings on operating license applications are held only when an interested person requests one, 42 U.”

San Luis Obispo Mothers for Peace v. United States Nuclear Regulatory Comm'n (9th Cir. 2025). “§ 2239 (a)(2)(B); 10 C.F.R. §§ 2.104 (a), 2.105(a), 50.91. The NRC did file the Extension Approval on its public, online “Agencywide Data Access and Management System” (ADAMS).”

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