10 C.F.R. § 2.1205

Summary disposition

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(a) Unless the presiding officer or the Commission directs otherwise, motions for summary disposition may be submitted to the presiding officer by any party no later than 45 days before the commencement of hearing. The motions must be in writing and must include a written explanation of the basis of the motion. The moving party must attach a short and concise statement of material facts for which the moving party contends that there is no genuine issue to be heard. Motions for summary disposition must be served on the parties and the Secretary at the same time that they are submitted to the presiding officer.

(b) Any other party may serve an answer supporting or opposing the motion within twenty (20) days after service of the motion.

(c) The presiding officer shall issue a determination on each motion for summary disposition no later than fifteen (15) days before the date scheduled for commencement of hearing. In ruling on motions for summary disposition, the presiding officer shall apply the standards for summary disposition set forth in subpart G of this part.

[69 FR 2267, Jan. 14, 2004, as amended at 77 FR 46598, Aug. 3, 2012]

Notes of Decisions

Cited in 1 case, 2006–2006 · leading case: Env't Law & Policy Ctr. v. United States Nuclear Regulatory Comm'n, 470 F.3d 676 (7th Cir. 2006).

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Env't Law & Policy Ctr. v. United States Nuclear Regulatory Comm'n, 470 F.3d 676 (7th Cir. 2006). “Once the Board chooses to admit a contention, however, 10 C.F.R. § 2.1205 and § 2.710 provide that any party may file a motion for summary disposition of a contention, and a contention may be dismissed if the Board finds that no genuine dispute of material fact remains.”

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