§ 1.81 Use of NRC seal or replicas.

(a) The use of the seal or replicas is restricted to the following:

(1) NRC letterhead stationery.

(2) NRC award certificates and medals.

(3) Security credentials and employee identification cards.

(4) NRC documents, including agreements with States, interagency or intergovernmental agreements, foreign patent applications, certifications, special reports to the President and Congress, and, at the discretion of the Secretary of the Commission, such other documents as he finds appropriate.

(5) Plaques. The design of the seal may be incorporated in plaques for display at NRC facilities in locations such as auditoriums, presentation rooms, lobbies, offices of senior officials, on the fronts of buildings, and others designated by the Secretary.

(6) The NRC flag (which incorporates the design of the seal).

(7) Official films prepared by or for the NRC, if deemed appropriate by the Director of the Office of Public Affairs or his designee.

(8) Official NRC publications which represent an achievement or mission of NRC as a whole, or which are cosponsored by NRC and other Government departments or agencies.

(9) Such other uses as the Secretary of the Commission or his designee finds appropriate.

(b) Any person who uses the official seal in a manner other than as permitted by this section shall be subject to the provisions of 18 U.S.C. 1017, which provides penalties for the fraudulent or wrongful use of an official seal, and

to other provisions of law as applicable.

$ 1.82 Establishment of official NRC flag.

The official flag is based on the design of the NRC seal. It is 50 inches by 66 inches in size with a 38-inch diameter seal incorporated in the center of a dark blue field with a gold fringe.

§ 1.83 Use of NRC flag.

(a) The use of the flag is restricted to the following:

(1) On or in front of NRC installations.

(2) At NRC ceremonies.

(3) At conferences involving official NRC participation (including permanent display in NRC conference rooms).

(4) At governmental or public appearances of NRC executives.

(5) In private offices of senior officials.

(6) As otherwise authorized by the Secretary of the Commission.

(b) The NRC flag must only be displayed together with the U.S. flag. When they are both displayed on a speaker's platform, the U.S. flag must occupy the position of honor and be placed at the speaker's right as he faces the audience, and the NRC flag must be placed at the speaker's left.

90-029 0-82--4

2.711 Extension and reduction of time

limits.

2.712 Service of papers, methods, proof. 2.713 Appearance and practice before the Commission in adjudicatory proceedings.

2.714 Intervention.

Sec.

2.905 Access to restricted data and national security information for parties: security clearances.

2.906 Obligation of parties to avoid introduction of restricted data or national security information.

2.907 Notice of intent to introduce restrict -ed data or national security information. 2.908 Contents of notice of intent to introduce restricted data or other national security information. 2.909 Rearrangement or suspension of pro

ceedings.

2.910 Unclassified statements required. 2.911 Admissibility of restricted data or other national security information. 2.912 Weight to be attached to classified evidence.

2.913 Review of Restricted Data or other National Security Information received in evidence.

APPENDIX A-STATEMENT OF GENERAL POLICY AND PROCEDURE; CONDUCT OF PROCEEDINGS FOR THE ISSUANCE OF CONSTRUCTION PERMITS AND OPERATING LICENSES FOR PRODUCTION AND UTILIZATION FACILITIES FOR WHICH A HEARING IS REQUIRED UNDER SECTION 189A OF THE ATOMIC ENERGY ACT OF 1954, AS AMENDED

AUTHORITY: Secs. 161p and 181, Pub. L. 83703, 68 Stat. 950 and 953 (42 U.S.C. 2201(p) and 2231); sec. 191, as amended, Pub. L. 87615, 76 Stat. 409 (42 U.S.C. 2241): sec. 201, as amended, Pub. L. 93-438, 88 Stat. 1242 (42 U.S.C. 5841); 5 U.S.C. 552: unless otherwise noted.

Sections 2.200-2.206 also issued under sec. 186, Pub. L. 83-703, 68 Stat. 955 (42 U.S.C. 2236) and sec. 206. Pub. L. 93-438, 88 Stat. 1246 (42 U.S.C. 5846). Sections 2.800-2.808 also issued under 5 U.S.C. 553. Section 2.809 also issued under 5 U.S.C. 553 and sec. 29, as amended, Pub. L. 85-256, 71 Stat. 579, and Pub. L. 95-209. 91 Stat. 1483 (42 U.S.C. 2039).

SOURCE: 27 FR 377, Jan. 13, 1962, unless otherwise noted.

NOMENCLATUre Changes: 38 FR 2330. Jan. 24, 1973: 40 FR 8776, Mar. 3, 1975: 45 FR 14200, Mar. 5, 1980.

§2.1 Scope.

This part governs the conduct of all proceedings, other than export and import licensing proceedings described in Part 110, under the Atomic Energy Act of 1954, as amended, and the Energy Reorganization Act of 1974. for: (a) Granting, suspending, revoking, amending, or taking other action with respect to any license, construction permit, or application to transfer a license; (b) imposing civil penalties

under section 234 of the Act; and (c) public rulemaking.

(Sec. 161. as amended. Pub. L. 83 703. 68 Stat. 948 (42 U.S.C. 2201); sec. 201. as amended. Pub. L. 93 438. 88 Stat. 1243 (42 U.S.C. 5841))

[40 FR 8776. Mar. 3, 1975, as amended at 43 FR 6921. Feb. 17. 19781

§ 2.2 Subparts.

Each subpart other than Subpart G sets forth special rules applicable to the type of proceeding described in the first section of that subpart. Subpart G sets forth general rules applicable to all types of proceedings except rule making, and should be read in conjunction with the subpart governing a particular proceeding. Subpart I sets forth special procedures to be followed in proceedings in order to safeguard and prevent disclosure of Restricted Data.

$ 2.3 Resolution of conflict.

In any conflict between a general rule in Subpart G of this part and a special rule in another subpart or other part of this chapter applicable to a particular type of proceeding, the special rule governs.

[27 FR 377. Jan. 13, 1962, as amended at 28 FR 10152, Sept. 17, 1963]

§2.1 Definitions.

As used in this part.

(a) ACRS" means the Advisory Committee on Reactor Safeguards established by the Act.

(b) "Act" means the Atomic Energy Act of 1954, as amended (68 Stat. 919). (c) "Adjudication" means the process for the formulation of an order for the final disposition of the whole or any part of any proceeding subject to this part, other than rule making.

(d) Department" means the Department of Energy established by the Department of Energy Organization Act (Pub. L. 95-91, 91 Stat. 565 42 U.S.C. 7101 et seq.) to the extent that the Department, or its duly authorized representatives, exercises functions formerly vested in the U.S. Atomic Energy Commission, its Chairman, members, officers and components and transferred to the U.S. Energy Research and Development Administra

tion and to the Administrator thereof pursuant to sections 104 (b), (c) and (d) of the Energy Reorganization Act of 1974 (Pub. L. 93-438, 88 Stat. 1233 at 1237, 42 U.S.C. 5814) and retransferred to the Secretary of Energy pursuant to section 301(a) of the Department of Energy Organization Act (Pub. L. 95-91, 91 Stat. 565 at 577-578, 42 U.S.C. 7151).

(e) Commission" means the Commission of five members or a quorum thereof sitting as a body, as provided by section 201 of the Energy Reorganization Act of 1974 (88 Stat. 1242), or any officer to whom has been delegated authority pursuant to section 161n of the Act.

(f) [Reserved]

(g) "Facility" means a production facility or a utilization facility as defined in § 50.2 of this chapter.

(h) "Administrative Law Judge" means an individual appointed pursuant to section 11 of the Administrative Procedure Act to conduct proceedings subject to this part.

(i) "License" means a license or construction permit issued by the Commission.

(j) "Licensee" means a person who is authorized to conduct activities under a license or construction permit issued by the Commission.

(k) Public Document Room" means the place at 1717 H Street NW., Washington, D.C., at which public records of the Commission will ordinarily be made available for inspection.

(1) [Reserved]

(m) Secretary" means the Secretary to the Commission.

(n) "Contested proceeding" means (1) a proceeding in which there is a controversy between the staff of the Commission and the applicant for a license concerning the issuance of the license or any of the terms or conditions thereof or (2) a proceeding in which a petition for leave to intervene in opposition to an application for a license has been granted or is pending before the Commission.

(o) "Person" means (1) any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, government agency other than the Commission or the Department, except that the De

partment shall be considered a person with respect to those facilities of the Department specified in section 202 of the Energy Reorganization Act of 1974 (88 Stat. 1244), any State or any political subdivision of, or any political entity within a State, any foreign government or nation or any political subdivision of any such government or nation, or other entity; and (2) any legal successor, representative, agent, or agency of the foregoing.

(p) NRC personnel" means (1) NRC employees; (2) for the purpose of §§ 2.720 and 2.740 only, persons acting in the capacity of consultants to the Commission, regardless of the form of the contractual arrangements under which such persons act as consultants to the Commission; and (3) members of advisory boards, committees, and panels of the NRC; members of boards designated by the Commission to preside at adjudicatory proceedings; and officers or employees of Government agencies, including military personnel, assigned to duty at the NRC.

(q) NRC records and documents" means any book, paper, map, photograph, brochure, punch card, magnetic tape, paper tape, sound recording, pamphlet, slide, motion picture, or other documentary material regard

'The Department facilities specified in section 202 are:

(1) Demonstration Liquid Metal Fast Breeder reactors when operated as part of the power generation facilities of an electric utility system, or when operated in any other manner for the purpose of demonstrating the suitability for commercial application of such a reactor.

(2) Other demonstration nuclear reactors. except those in existence on January 19. 1975, when operated as part of the power generation facilities of an electric utility system, or when operated in any other manner for the purpose of demonstrating the suitability for commercial application of such a reactor.

(3) Facilities used primarily for the receipt and storage of high-level radioactive wastes resulting from licensed activities.

(4) Retrievable Surface Storage Facilities and other facilities authorized for the express purpose of subsequent long-term storage of high-level radioactive waste generated by the Administration, which are not used for, or are part of, research and development activities.