Model Milestones for NRC Adjudicatory Proceedings (4/20/05)

Overview

In April 2005, the Nuclear Regulatory Commission (NRC) amended its regulations to (1) adopt model milestones for the conduct of NRC adjudicatory proceedings, (2) require a presiding officer to refer to the model milestones as a starting point for establishing a hearing schedule in an adjudicatory proceeding, and (3) manage the case in accordance with that schedule. The final rule was published in the Federal Register on April 20, 2005 and becomes effective on May 20, 2005.

Applicability

The new provisions in §§ 2.332 and 2.334 and the Model Milestones are applicable to all proceedings commencing on or after May 20, 2005. For a proceeding in which a notice of hearing or a notice of opportunity for hearing are published in the Federal Register, the proceeding "commences" on the date of publication in the Federal Register of the notice of hearing, or the notice of opportunity for hearing or petition to intervene for that proceeding, as applicable. For a proceeding in which a notice of hearing or opportunity for hearing is not published in the Federal Register, the proceeding "commences" on the date that the first request for hearing or petition to intervene is received by the Commission.

Final Rule - Model Milestones

Federal Register Notice - Final Rule, 70 FR 20457 (4/20/2005)