C.F.R. » Title 10 » CHAPTER I—NUCLEAR REGULATORY COMMISSION › PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS › Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2)

10 C.F.R. § 51.102

Requirement to provide a record of decision; preparation

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(a) A Commission decision on any action for which a final environmental impact statement has been prepared shall be accompanied by or include a concise public record of decision.

(b) Except as provided in paragraph (c) of this section, the record of decision will be prepared by the NRC staff director authorized to take the action.

(c) When a contested hearing is held on the proposed action under the regulations in part 2 of this chapter or when the action can only be taken by the Commissioners acting as a collegial body, the initial decision of the presiding officer or the final decision of the Commissioners acting as a collegial body will constitute the record of decision. An initial or final decision constituting the record of decision will be distributed as provided in § 51.93.

[49 FR 9381, Mar. 12, 1984, as amended at 77 FR 46600, Aug. 3, 2012; 79 FR 66604, Nov. 10, 2014; 88 FR 80949, Nov. 21, 2023; 91 FR 20067, Apr. 15, 2026]
Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2025–2025 · leading case: NRC v. Texas, 605 U.S. 665 (2025).
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NRC v. Texas, 605 U.S. 665 (2025). “Supra, at 8 (citing 10 CFR §51.102 (a); App. 288–298). Texas and Fasken were parties to that component of the agency’s licensing proceeding.”
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