(a) If, at the time of publication of a notice of hearing, it appears to the staff that it will be impracticable for it to avoid the introduction of Restricted Data or National Security Information into the proceeding, it will file a notice of intent to introduce Restricted Data or National Security Information.
(b) If, at the time of filing of an answer to the notice of hearing it appears to the party filing that it will be impracticable for the party to avoid the introduction of Restricted Data or National Security Information into the proceeding, the party shall state in the answer a notice of intent to introduce Restricted Data or National Security Information into the proceeding.
(c) If, at any later stage of a proceeding, it appears to any party that it will be impracticable to avoid the introduction of Restricted Data or National Security Information into the proceeding, the party shall give to the other parties prompt written notice of intent to introduce Restricted Data or National Security Information into the proceeding.
(d) Restricted Data or National Security Information shall not be introduced into a proceeding after publication of a notice of hearing unless a notice of intent has been filed in accordance with § 2.908, except as permitted in the discretion of the presiding officer when it is clear that no party or the public interest will be prejudiced.
authority: Atomic Energy Act of 1954, secs. 29, 53, 62, 63, 81, 102, 103, 104, 105, 161, 181, 182, 183, 184, 186, 189, 191, 234 (
42 U.S.C. 2039,
2073,
2092,
2093,
2111,
2132,
2133,
2134,
2135,
2201,
2231,
2232,
2233,
2234,
2236,
2239,
2241,
2282; Energy Reorganization Act of 1974, secs. 201, 206 (
42 U.S.C. 5841,
5846; Nuclear Waste Policy Act of 1982, secs. 114(f), 134, 135, 141 (
42 U.S.C. 10134(f), 10154, 10155, 10161); Administrative Procedure Act (
5 U.S.C. 552,
553,
554,
557,
558; National Environmental Policy Act of 1969 (
42 U.S.C. 4332);
44 U.S.C. 3504 note
source: 27 FR 377, Jan. 13, 1962, unless otherwise noted.
cite as: 10 CFR 2.907