(3) Omit an intermediate decision upon a finding on the record that due and timely execution of the Commission's functions imperatively and unavoidably so require.

(c) Each intermediate decision shall be in writing and shall

contain:

(1) Findings and conclusions, with the reasons or basis therefor upon all material issues of fact, law, or discretion presented on the record:

(2) The ruling upon each proposed finding or conclusion filed by a party;

(3) All facts officially noticed pursuant to § 2.750, relied upon in the decision;

(4) The appropriate rule, order, sanction, relief, or denial thereof, with the effective date;

(5) In the case of an intermediate decision which may become final unless exceptions are filed, or the Commission directs that the record be certified to it for final decision, the date when such decision will become final in the absence of exceptions thereto or an order of the Commission that the record be certified to it.

(d) The intermediate decision, other than an oral decision, shall be served upon all parties to the proceeding. In the case of an oral decision, the presiding officer shall apprise the parties before its pronouncement of his intention, and the time when he proposes, to render an oral decision.

(e) Intermediate decisions shall become a part of the record. $2.752 Exceptions to intermediate decisions.

(a) Within 20 days after service of any intermediate decision, or such longer period as may be fixed therein, any party to a hearing may file with the Commission exceptions to such decision and a brief in support thereof, and shall serve copies of such exceptions and supporting brief on all other parties to the hearing. Each exception shall be separately numbered, shall identify the part of the intermediate decision to which objection is made, shall designate by specific reference the portions of the record relied upon in support of the objections, and shall state the grounds for the exception including the citation of authorities in support thereof. Any objection to a ruling, finding, or conclusion which is not made part of the exceptions shall be deemed to have been waived, and the Commission need not consider such objections.

(b) Within 10 days after service of exceptions to the intermediate decision and brief in support thereof, or such longer period as may be fixed in such decision, any party to a hearing may file with the Commission a brief in opposition to such exceptions.

$2.753 Briefs and oral arguments before the Commission. (a) Within such period after service of an intermediate decision as may be fixed therein, any party to a proceeding may file a brief before the Commission in support of his exceptions to the decision or in opposition to the exceptions filed by any other party.

(b) In its discretion the Commission may allow oral argument upon the request of a party made in his exceptions or brief, or upon its own initiative.

§2.754 Final decision. (a) Upon submission of a case to the Commission for final decision, the Commission will normally consider the

whole record. But when reviewing an intermediate decision, the Commission may limit the issues to be reviewed, and give consideration only to those findings and conclusions to which exceptions have been filed.

(b) The final decision shall be in writing and shall contain:

(1) A statement of findings and conclusions, with the reasons or basis therefore, upon all the material issues of fact, law, or discretion presented;

(2) All facts officially noticed pursuant to § 2.750, relied upon in this decision;

(3) The ruling on each relevant and material exception filed; (4) The appropriate rule, order, sanction, relief, or denial thereof, with the effective date.

(c) The decision shall be served upon all parties to the proceedings.

§2.755 Waiver of procedures or intermediate decisions. The parties to any hearing may agree to waive any one or more of the procedural steps or intermediate decisions which would otherwise precede the reaching of a final decision by the Commission.

§2.756 Petition for reconsideration. A petition for reconsideration of a final decision after hearing may be filed by any party to the hearing, within 10 days after the decision has been issued and served. However, no petition may be filed with respect to an intermediate decision which has become final through failure to file exceptions thereto. The petition for reconsideration shall state specifically wherein the matter determined is claimed to be erroneous, the grounds relied upon, and the relief sought. Without 7 days after a petition for reconsideration has been filed, any party to the hearing may file an answer in opposition to or support of the petition. Neither the filing nor the granting of the petition shall operate as a stay of the decision unless so ordered by the Commission.

§2.757 Ex parte communications. (a) Save to the extent required for the disposition of ex parte matters as authorized by law, neither (1) Commissioners, members of their immediate staffs, or other AEC officials and employees who advise the Commissioners in the exercise of their quasi-judicial functions will request or entertain off the record except from each other, nor (2) any applicant for or holder of an AEC license or permit, or any officer, employee, representative, or other person directly or indirectly acting in behalf thereof, shall submit off the record to Commissioners or such staff members, officials, and employees, any evidence, explanation, analysis, or advice, whether written or oral, regarding any substantive matter at issue in a proceeding on the record then pending before the AEC for the issuance, denial, amendment, transfer, renewal, modification, suspension, or revocation of a license or permit. For the purposes of this section, the term "proceeding on the record then pending before the AEC" shall include any application or matter which has been noticed for hearing or concerning which a hearing has been requested pursuant to this part.

(b) Copies of written communications covered by subsection (a) shall be placed in the AEC public document room and served by the Secretary on the communicator and the parties to the proceeding involved.

(c) A Commissioner, member of his immediate staff, or other AEC official or employee advising the Commissioners in the exercise of their quasi-judicial functions, to whom is attempted any oral communication concerning any substantive matter at issue in a proceeding on the record as described in paragraph (a) of this section, will decline to listen to such communication and will explain that the matter is pending for determination. If unsuccessful in preventing such communication, the recipient thereof will advise the communicator that a written summary of the conversation will be delivered to the AEC public document room and a copy served by the Secretary of the Commission on the communicator and the parties to the proceeding involved. The recipient of the oral communication thereupon will make a fair, written summary of such communication and deliver such summary to the AEC public document room and serve copies thereof upon the communicator and the parties to the proceeding involved.

PUBLIC RULE MAKING

$ 2.780 Scope of rule making. The procedure described in this subpart as rule making or public rule making relates to the issuance, amendment, or rescission of substantive rules in which participation by interested persons is prescribed under section 4 of the Administrative Procedure Act.

$ 2.781 Initiation, petition. Rule making will be initiated by AEC, upon its own motion, upon the recommendation of another agency of the government, or upon the petition of any other interested person as hereinafter provided.

$ 2.782 Petition for rule making. Any interested person may petition the Commission to issue, amend, or rescind any rule or regulation of the Commission within the scope of $ 2.780. The petition shall state the substance or text of any proposed rule or regulation, or amendment thereof, or shall specify the rule or regulation the rescission of which is desired, and shall state the basis for the request. The petition will be given a docket or other identifying number and will become a matter of public record, except as may otherwise be required pursuant to section 181 of the act or order of the Commission.

$2.783 Determination of petition. No hearing will be held directly on the petition unless the Commission deems it advisable. If the Commission determines that the petition discloses sufficient reasons to justify the relief requested, the Commission will issue an appropriate notice of proposed rule making. If the Commission determines that the petition does not disclose sufficient reasons to justify instituting the public rule making procedure, the Commission will so notify the petitioner with a simple statement of the grounds.

$ 2.784 Notice of proposed rule making. A general notice of proposed rule making will be published in the FEDERAL REGISTER unless all persons subject to the proposed rule making are named and either personally served with notice or otherwise have actual notice in accordance with law. The notice, whether published or personally served, shall include: (a) A statement of the time, place, and nature of the public rule making hearing; (b) reference to the authority under which the rule is proposed; (c) either the terms or substances of the proposed rule or a description of the subjects and issues in

volved. The publication or service of notice shall be made not less than 15 days prior to the time fixed for the hearing, provided that a lesser time may be prescribed upon good cause found and incorporated, with a brief statement of the reasons, in the notice.

$2.785 Participation by interested persons. After notice required by $ 2.784, the Commisison will afford interested persons an opportunity to participate in the rule making through the submission of data, views, or arguments in such informal hearing, pursuant to § 2.720, as the notice provides. The opportunity to participate may include an opportunity to comment upon or respond to the data, views, or arguments submitted by others. Where additional time may be needed for this purpose the Commission may, upon the request of an interested person, grant an additional reasonable period of time for the submission of data, views, or arguments in reply.

$ 2.786 Commission action. After consideration of all relevant matters presented, the Commisison will incorporate in any rule adopted a concise general statement of its basis and purpose and will cause the rule to be published in the FEDERAL Register or served upon the affected parties.

$2.787 Effective dates. The rule will specify its effective date. Publication or service of the rule, other than one granting or recognizing exemption or relieving restriction, shall be made not less than 30 days prior to the effective date thereof unless the Commission may provide otherwise upon good cause found and published with the rule.

AVAILABILITY OF OFFICIAL RECORDS

$2.790 Public inspection, exceptions, requests for withholding. (a) Except as provided in paragraph (b) of this section or as required to protect Restricted Data or defense information, matters of official record in any proceeding subject to this part (including applications for licenses, licenses, rules, regulations, orders, transcripts of hearing, exhibits received in evidence, and decisions) will be made available for public inspection.

(b) The AEC may withhold any document or part thereof from public inspection if disclosure of its contents is not required in the public interest and would adversely affect the interest of a person concerned. Such withholding from public inspection shall not, however, affect the right of persons properly and directly concerned to inspect the document.

(c) Persons requesting that documents or information therein be withheld from public disclosure shall make prompt application identifying the material and giving the reasons. Where the applicant is responsible for the preparation of the document, he shall insofar as is possible segregate in a separate paper the information for which the special treatment is requested. The AEC may honor the request upon a finding that public inspection is not required in the public interest and would adversely affect the interest of the person concerned. If the request is denied, the applicant will be notified thereof with a statement of the reasons.

(d) Matters of official record in any proceedings subject to this part, which are classified as Restricted Data and are within a category specified in Appendix "A", Part 25 of this chapter, will be made available for inspection by access permittees in accordance with the regulations in Parts 25 and 95 of this chapter.

B. PART 9-PUBLIC RECORDS

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

Sec.

9.8 Service of communications on parties to licensing proceedings.

§ 9.1 Scope. This part prescribes the rules governing the Atomic Energy Commission's public records which relate to any proceeding subject to Part 2 and Part 25 of this chapter.

$9.2 Definitions. As used in this part:

(a) "Public records" means those documents in the custody of the AEC which are available for public inspection.

(b) "Filings" means:

(1) Applications or other documents seeking Commission action, notices, orders, motions, answers, replies, objections, stipulations, exceptions, proofs of service, briefs, transcripts of hearings, exhibits received in evidence, decisions, licenses, permits, rules, and regulations.

(2) Exhibits, attachments and appendices to, amendments and corrections of, supplements to, and transmittals and withdrawals of any of the foregoing.

(f) "AEC personnel" means employees, consultants, and members of advisory boards of the AEC.

$9.3 Inclusions. Except as excluded by § 9.4 of this chapter, the following matters are included in the public records:

(a) All filings in proceedings.

(b) All correspondence or portions of correspondence to and from AEC regarding the issuance, denial, amendment, transfer, renewal, modification, suspension, or revocation of a license or permit or regarding a rule making proceeding subject to Part 2 of this chapter.

(c) All correspondence or portions of correspondence to and from AEC as to the interpretation or applicability of any statute, rule, regulation, order, license, or permit; and letters of opinion as to such matters signed by the General Counsel.

(d) All filings in court proceedings to which the AEC is a party and all correspondence with the courts or clerks of the court.

(e) Documents received or prepared as provided in § 2.757 of this chapter.