§10154 Licensing of Facility Expansions and Transshipments

Summary

Requires the Commission to let any party ask for an oral argument in hearings about license applications filed after January 7, 1983 to expand how spent nuclear fuel is stored at a civilian 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). The oral argument must follow the Commission’s discovery rules. Each party, including staff, must give a written summary at the time of the oral argument listing the facts, data, and arguments they will use. During the oral argument, parties may only rely on sworn testimony or written submissions, and the Commission will only consider facts and data presented in those forms. After oral argument, the Commission will send any disputed facts and remaining legal questions to a formal evidence hearing only if there is a real, important factual dispute that can only be solved by hearing evidence and the final decision likely depends on that dispute. The Commission must put in writing which facts are disputed and why a hearing will help. The Commission should not reopen issues about the design, construction, or operation of a reactor already licensed or permitted at the site, or siting/design issues already decided, unless those issues now substantially affect the activity being considered or the Commission has changed its siting or design rules. That restriction applies only to applications filed before December 31, 2005. The rule does not apply to the first application that seeks to use a new onsite storage technology never before approved. Courts cannot throw out a Commission decision for not using a particular procedure unless a timely objection was made (or there was an extraordinary reason) and the court finds the procedural error prevented fair consideration of a major issue.