"Section 7 requires the Commission to hold hearings after 30 days' notice for applications for licenses filed under section 103 or 104 b or for any application for license for testing facility filed under section 104 c. Under the present provisions of section 189 a the Commission is not required to hold a hearing on all applications, but merely on those applications for which a hearing is requested by any interested party.

"The provisions of sections 5, 6, and 7 apply to construction permits, in view of the last sentence in section 185. * * *”

63485-61-pt. 2-3

APPENDIX 3

EXTRACTS FROM AEC REGULATIONS

Extracts are reprinted in this appendix from the following AEC regulations:

A. Part 2, Rules of Practice, with amendments through December 29, 1960;

B. Part 9, Public Records, with amendments through February 25,

1960:

C. Part 30, Licensing of Byproduct Materials, with amendments through December 13, 1960;

D. Part 40, Control of Source Material, as printed in the Federal Register, January 14, 1961;

E. Part 50, Licensing of Production and Utilization Facilities, with amendments through September 9, 1960;

F. Part 70, Special Nuclear Material, with amendments through December 13, 1960;

G. Proposed Part 115, Procedures for Review of Certain Nuclear Reactors Exempted From Licensing Requirements, as published in the Federal Register for public comment on December 2, 1960.

A. PART 2-RULES OF PRACTICE

(Sections which have been reprinted in whole or in part are indicated in the index by an asterisk.)

Subpart A-Procedure on Applications for Issuance, Amendment or Transfer of a License or Construction Permit and Renewal of a License

*2.100 Applicability of subpart.

*2.101 Administrative examination of applications, notice to others, informal conferences.

*2.102 Action on applications, hearings.

*2.103 Effect of timely renewal applications.

Subpart B-Procedure for Imposing Requirements by Order, or for Modification, Suspension, or Revocation of a License or Construction Permit

*2.200 Applicability of subpart.

*2.201 Notice of violation.

*2.202 Order to show cause; conditional orders.

*2.203

Recapture of material or entry in emergency revocation cases.

Subpart C-Procedures on Declaring Patents Affected With the Public Interest and Licensing of Patents

Sec.

GENERAL

2.300 Applicability of subpart.

2.301 Definition.

PROCEDURE FOR DECLARING A PATENT AFFECTED WITH THE PUBLIC INTEREST

PROCEDURE FOR GRANTING A LICENSE PURSUANT TO SECTION 153b (2)

2.304 Administrative examination of applications, notice to others, informal conferences.

2.305 Action on applications.

2.306 Request for hearing.

PROCEDURE FOR GRANTING A LICENSE PURSUANT TO SECTION 153C

2.307 Administrative examination of applications and informal conferences. 2.308 Notice of application.

*2.731 Limited appearances by persons not parties.

*2.732 Designation of presiding officer, disqualification, unavailability.

*2.733 Powers of presiding officers.

*2.734 Separation of functions.

*2.735 Notice of hearing.

Sec.

FORMAL HEARINGS Continued

*2.748 Interlocutory appeals to the Commission from rulings of presiding officers.

*2.749 Proposed findings and conclusions.

2.750

*2.751

Official notice.

Intermediate decisions and their effect.

*2.752 Exceptions to intermediate decisions.

*2.753 Briefs and oral arguments before the Commission.

*2.754 Final decision.

*2.755 Waiver of procedures or intermediate decisions.

Petition for reconsideration.

*2.756

*2.790 Public inspection, exceptions, requests for withholding.

Subpart H-Special Procedures Applicable to Adjudicatory Proceedings Involving Restricted Data

2.803 Protection of Restricted Data in proceedings under this subpart. 2.804

Classification assistance.

2.805 Access to Restricted Data for parties-security clearances.

2.806 Obligations of parties to avoid introduction of Restricted Data. 2.807 Notice of intent to introduce Restricted Data.

2.808

Contents of notice of intent to introduce Restricted Data.

2.809 Rearrangement of suspension of proceedings.

2.810 Unclassified statements required.

2.811 Admissibility of Restricted Data.

2.812 Weight to be attached to classified evidence.

2.813 Review of Restricted Data received in evidence.

2.814 Access under Part 25 of this chapter not affected.

DESCRIPTION OF PART

§2.1 Scope. This part governs the conduct of all proceedings before the Atomic Energy Commission involving licensing and licenses, including patent licensing under section 153 of the Atomic Energy Act of 1954 but excluding all other patent matters.

§2.2 Subparts. Each of the subparts which preceds Subpart G of this part sets forth special rules applicable to the type of proceeding described in the opening section of the subpart. Subpart G of this part sets forth general rules applicable to all types of proceedings and should be read in conjunction with the subpart governing the particular proceeding.

$ 2.3 Resolution of conflicts. In any conflict between a general rule in Subpart G of this part and a special rule in another subpart applicable to a particular type of proceeding, the special rule will

govern.

§2.100 Applicability of subpart. The provisions of this subpart prescribe the procedure covering applications for the issuance of a license, construction permit, amendment of a license or construction permit at the request of the holder, transfer of a license or construction permit, and renewal of a license. Reference should also be made to Subpart G of this part which sets forth the rules applicable to all types of proceedings.

$2.101 Administrative examination of applications, notice to others, informal conferences. Applications described in § 2.100 will be given a docket or other identifying number and routed to the appropriate AEC offices for administrative examination. AEC will give to others such notice of the filing of the application as is required under the applicable regulations of this chapter and such additional notices as it deems appropriate. The applicant may be required to submit additional information and may be requested to confer informally regarding the application.

§2.102 Action on applications, hearings. (a) The AEC will, upon request of the applicant or an intervener, and may upon its own initiative, direct the holding of a formal hearing prior to taking action on the application. If no prior formal hearing has been held and no notice of proposed action has been served as provided in paragraph (b) of this section, AEC will direct the holding of a formal hearing upon receipt of a request therefor from the applicant or an intervener within 30 days after the issuance of a license or other approval or a notice of denial.

(b) In such cases as it deems appropriate, AEC may cause to be served upon the applicant, and published, a notice of proposed action upon his application and shall cause copies thereof to be served upon interveners or others entitled to or requesting notification. The notice shall state the terms of the proposed action. If a formal hearing has not been held prior to issuance of the notice, AEC will direct the holding of a formal hearing upon the request of the applicant or an intervener received within fifteen days following the service of the notice.

$2.103 Effect of timely renewal applications. In the case of an application for renewal, if the licensee has made application for the renewal of a subsisting license at least 30 days prior to its expiration date, the license shall not be deemed to have expired until such application shall have been determined.

SUBPART B-PROCEDURE FOR IMPOSING REQUIREMENTS BY ORDER, OR FOR MODIFICATION, SUSPENSION, OR REVOCATION OF A LICENSE OR CONSTRUCTION PERMIT

$2.200 Applicability of subpart. The provisions of this subpart prescribe the procedure in cases initiated by AEC to impose requirements by order upon a licensee or holder of a construction permit or to modify, suspend, or revoke a license or construction permit. Reference should also be made to Subpart G of this part, which sets forth the rules applicable to all types of proceedings. The provisions of this subpart shall not apply to action taken pursuant to section 108 of the act.