§10154 Licensing of facility expansions and transshipments

Summary

Requires the Nuclear Regulatory Commission to allow people involved in certain license cases filed after January 7, 1983, to have oral argument when the case is about expanding spent fuel storage at a reactor site (for example, by using high-density racks, compacting fuel rods, moving fuel to another reactor in the same utility, or adding pool or dry storage). If anyone asks, the agency must give a chance to speak in person after the usual pre-hearing information exchange. At the oral argument each side, including the agency staff, must give a written summary of the facts, data, and arguments they will use. Only testimony under oath or written statements may be used or considered at the oral argument. After oral argument, the Commission will send any disputed facts and leftover legal questions to a formal, trial-like hearing only if it finds a real and important factual dispute that can only be settled by evidence in such a hearing and the decision likely depends on that dispute. The agency must say in writing which facts are disputed and why a hearing will help. It generally must not reopen design, construction, or siting issues already decided for a reactor at the site unless those issues now substantially affect the proposed action. That restriction applies to applications filed before December 31, 2005. The rule does not apply to the first application to use a new storage technology never before approved by the agency. Courts may not overturn a decision for procedural errors unless a timely objection was made (or there is an extraordinary reason) and the court finds the error prevented fair consideration of an important issue.