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Standby Support for Certain Nuclear Plant Delays
10 CFR Part 950 establishes a standby support program providing risk insurance contracts to sponsors of new advanced nuclear facilities approved after 1993. The program covers costs from delays caused by NRC regulatory review failures, pre-operational hearings, or litigation, with indemnification up to $500 million for the first two reactors and $250 million for subsequent reactors.
Office of Hearings and Appeals Procedural Regulations
10 CFR Part 1003 establishes procedural regulations for the Department of Energy's Office of Hearings and Appeals, defining processes for informal adjudications and relief requests regarding DOE actions. The regulation provides standard rules of practice for proceedings under the Office's jurisdiction, including adjustment requests, alternative dispute resolution mechanisms, and definitions of key procedural terms.
Authorization to continue
Under the Canadian Energy Regulator Act section 51, the Lead Commissioner may authorize a departing commissioner to continue exercising regulatory powers in assigned matters until final decisions are issued, subject to conditions specified by the Lead Commissioner.
Domestic Licensing of Special Nuclear Material
10 CFR Part 70 establishes NRC procedures and criteria for issuing domestic licenses to receive, own, possess, use, and transfer special nuclear material. The regulation applies to all US persons and defines key licensing requirements, relevant definitions (acute exposure, alert conditions, atomic weapons), and references related rules for spent fuel storage, uranium enrichment facilities, and physical security.
Designated officers
The Chief Executive Officer of the Canadian Energy Regulator may designate employees as designated officers authorized to exercise regulatory functions and powers under the Act.
Notice to owners
Pipeline companies must serve written notice on all affected landowners and publish notices describing the proposed pipeline route and CER head office location. Landowners have 30 days from service to file written opposition; other persons anticipating adverse effects have 30 days from publication to oppose. The Regulator must publish notices on its website.
Conflict of Interest Act
Canadian Energy Regulator commissioners must disclose conflicts of interest including direct involvement in hydrocarbon, electricity, or offshore energy production, trading, transmission, or import/export; holdings in energy corporation securities; incompatible employment; or employment with the Regulator itself.
Criteria
Before issuing an oil or gas licence, the Canadian Energy Regulator must consider all relevant factors including equitable distribution of designated oil and gas resources across Canada. Sections 348 to 351 of the Act apply to such licences.
Requirements for Renewal of Operating Licenses for Nuclear Power Plants
This regulation establishes requirements for renewal of operating licenses for nuclear power plants under the Atomic Energy Act. It defines key terms including current licensing basis, integrated plant assessment, and time-limited aging analyses. The rule specifies that license renewal applies to both safety-related and nonsafety-related systems, structures, and components that must be assessed for aging management to maintain acceptable safety levels during extended operation beyond the initial 40-year license term.
Public engagement
The Canadian Energy Regulator must establish processes for meaningful public engagement, particularly with Indigenous peoples and organizations, during public hearings held under the Canadian Energy Regulator Act.
Testimony by DNFSB Employees and Production of Official Records in Legal Proceedings
10 CFR Part 1707 establishes procedures governing testimony by Defense Nuclear Facilities Safety Board (DNFSB) employees and production of official records in legal proceedings where the US or DNFSB is not a named party. The regulation aims to promote operational efficiency, maintain DNFSB impartiality, protect sensitive information and deliberative processes, and preserve sovereign immunity. It excludes testimony on matters unrelated to official duties, former employee testimony on non-involved matters, FOIA/Privacy Act requests, and Congressional demands.
Procedures for Safety Investigations
10 CFR Part 1708 establishes procedures for the Defense Nuclear Facilities Safety Board to conduct safety investigations at Department of Energy defense nuclear facilities. The Board may initiate preliminary inquiries or formal investigations into events or practices affecting public health and safety, determine compliance with safety standards, and recommend changes to standards and implementation requirements.
Publication of order
Orders issued by the Canadian Energy Regulator under sections 191 or 192 of the Canadian Energy Regulator Act must be published in the Canada Gazette within 15 days of issuance.
Approval of deviations
Pipeline companies must submit detailed plans, profiles, and reference documentation to the Canadian Energy Regulator for approval of deviations from previously approved or constructed pipelines. The Regulator may exempt submission requirements if deviations serve public purposes or benefit the pipeline, provided deviations do not exceed Commission-specified distance limits from the original centerline.
Orders
The Canadian Energy Regulator Commission may exempt pipelines up to 40 km long, previously constructed pipelines, and associated infrastructure (tanks, compressors, storage facilities) from specified regulatory provisions. Exemption applications must be decided within 300 days of complete submission; the Lead Commissioner may exclude certain periods with public disclosure, and the Minister may grant extensions. The Commission may impose conditions on exemptions.
Energy Planning and Management Program
The Energy Planning and Management Program (EPAMP) under 10 CFR Part 905 establishes requirements for Western Area Power Administration customers to support energy policy objectives through integrated resource planning, demand-side management, energy efficiency investments, renewable energy development, and mandatory reporting on energy efficiency and renewable energy activities.
If pipeline affixed to any real property or immovables
Section 224 of the Canadian Energy Regulator Act establishes that pipeline sections affixed to real property, utilities, or navigable waters remain the exclusive property of the pipeline company and do not become part of underlying property without written consent and Regulator notice. Pipeline companies retain rights to create liens, mortgages, charges, and security interests on affixed sections under specified regulatory circumstances.
Definition of tariff
Section 225 of the Canadian Energy Regulator Act defines tariff as a schedule of tolls, conditions, classifications, practices, and rules applicable to energy service provision by regulated companies, including toll calculation methodologies.
Application of provisions in Part 6
Section 306 of the Canadian Energy Regulator Act extends Part 6 regulatory provisions to offshore power lines in provincial waters. Pipeline transportation requirements are adapted for electricity transmission, with applicants and authorization holders required to comply with specified sections. Exemptions apply for facility-sharing and shared-use arrangements where regulatory leave or authorization conditions are obtained.
Recovery of overpayment
Section 166 of the Canadian Energy Regulator Act establishes that overpayments to claimants, amounts paid under rescinded tribunal decisions, and excess amounts from amended decisions are debts owed to Canada, recoverable under the Financial Administration Act.
Safeguarding of Restricted Data by Access Permittees
10 CFR Part 1016 establishes requirements for safeguarding Secret and Confidential Restricted Data by access permittees under DOE oversight. The regulation defines four access authorization levels (Q, Q(X), L, L(X)) based on background investigation requirements and specifies which classifications and data types individuals may access based on need-to-know and national security considerations. Top Secret information is excluded from this regulation.
Inconsistencies
Section 43 of the Canadian Energy Regulator Act establishes regulatory hierarchy, providing that instructions issued under section 41 and measures taken under section 42(1) take precedence over rules made under section 35 in cases of conflict or inconsistency.
Orphan pipelines
Under the Canadian Energy Regulator Act, a designated officer may declare a pipeline an orphan pipeline if the certificate-holding company cannot be located, is unknown, insolvent, bankrupt, in receivership, or dissolved. Persons named in prior regulatory orders or authorized under Special Acts are deemed certificate holders for orphan pipeline designation purposes.
Claims for Patent and Copyright Infringement
10 CFR Part 782 establishes procedures for the Department of Energy to investigate, settle, and dispose of patent and copyright infringement claims. Claimants must submit written claims with allegations of infringement, compensation requests, patent/copyright citations, identification of allegedly infringing items or processes, and supporting documentation. The General Counsel is authorized to investigate and administratively resolve claims before litigation.
Definitions
Section 2 of the Canadian Energy Regulator Act establishes statutory definitions for federal energy infrastructure regulation, including abandoned facilities and pipelines, oil and gas exports and imports, ground disturbance thresholds for pipeline protection, and incorporates Indigenous governing bodies and knowledge in energy decision-making processes.
Matters to be taken into account
The Canadian Energy Regulator must consider all written submissions and public hearing representations when approving pipeline construction plans, routes, and methods. The Regulator may approve sections where no submissions have been filed.
Rules
The Canadian Energy Regulator Tribunal may establish procedural rules governing compensation claims and reconsideration applications, including filing procedures, required information, hearing conduct, evidence formats, and quorum requirements.
Notice of proposed acquisition or lease of lands
Pipeline companies must notify all identifiable landowners of lands required for pipeline construction or operation, providing detailed descriptions of required lands, compensation valuations, route approval procedures, and dispute resolution options. Pre-notice agreements are void, and companies are liable for all damages if they subsequently abandon acquisition or lease plans.
Section 3
This section has been repealed and contains no active regulatory content.
Financial resources
Applicants for Canadian Energy Regulator authorizations must demonstrate sufficient financial resources to cover Commission-determined amounts through prescribed forms or Regulator-specified methods. Proof must remain valid throughout the duration of authorized work or activity.
Purpose of Act
The Canadian Energy Regulator Act establishes federal regulatory authority over pipelines, power lines, offshore renewable energy facilities, and oil and gas exploration and exploitation. It mandates safe, secure, and efficient construction, operation, and abandonment while protecting people, property, and the environment, regulates energy product trade, and ensures fair, transparent, and efficient regulatory decision-making processes.
Conflict of Interest Act
Canadian Energy Regulator directors must disclose conflicts of interest, including direct involvement in hydrocarbon, electricity, or offshore energy production, trading, transmission, import/export; holdings of securities in energy corporations; and outside employment inconsistent with regulatory duties.
Vacancy
A vacancy on the board of directors of the Canadian Energy Regulator does not impair the authority or legal right of the remaining directors to act and conduct business.
Orders and prohibitions
The Canadian Energy Regulator Commission may issue binding orders requiring compliance with the CER Act and authorization conditions, and may prohibit activities that violate the Act or breach authorization terms or Commission directives.
Instructions regarding timeliness
The Lead Commissioner of the Canadian Energy Regulator may issue procedural instructions to commissioners handling applications to ensure timely processing and resolution of matters before the Commission.
Lead Commissioner’s powers
Section 49 of the Canadian Energy Regulator Act preserves the Lead Commissioner's independent authority to issue corrective and preventive enforcement measures against energy sector entities, ensuring regulatory discretion is not constrained by procedural requirements elsewhere in the Act.
Security regulations
The Canadian Energy Regulator is authorized to establish security regulations for pipelines, international power lines, and offshore renewable energy projects, including standards, plans, and audit requirements. Violations are criminal offences with penalties up to $100,000 and one year imprisonment on summary conviction, or $500,000 and five years on indictment, though a due diligence defence is available.
Relief
The Canadian Energy Regulator Commission may grant applications wholly or partially and may impose additional or alternative relief beyond what was requested. This discretionary authority does not apply to certificate applications under Part 3 of the Act.
Medical Use of Byproduct Material
10 CFR Part 35 establishes regulatory requirements for the medical use of byproduct material, including radiation safety standards for workers, the general public, patients, and human research subjects. The regulation defines authorized roles (authorized users, radiation safety officers, authorized medical physicists, and authorized nuclear pharmacists) and licensing provisions issued by the Nuclear Regulatory Commission and Agreement States.
Suspension or revocation
The Canadian Energy Regulator may suspend or revoke an authorization by order if the holder requests it, consents to it, or breaches a condition. Before revoking for breach, the regulator must provide written notice and opportunity to be heard.
Implementation of the Equal Access to Justice Act in Agency Proceedings
10 CFR Part 12 implements the Equal Access to Justice Act (EAJA) for Nuclear Regulatory Commission proceedings, establishing procedures for awarding attorney fees and expenses to prevailing parties in covered adversary adjudications. Eligible applicants include individuals (net worth ≤$2M), small business owners (≤$7M net worth, ≤500 employees), tax-exempt organizations, and cooperative associations. Awards are available unless the Commission's position was substantially justified or special circumstances apply.
Counterintelligence Evaluation Program
10 CFR Part 709 establishes the Department of Energy's Counterintelligence Evaluation Program, defining procedures for counterintelligence evaluations of DOE employees and contractor employees. The rule sets guidelines for polygraph examinations to assess eligibility for access to classified information and special nuclear material, while protecting individual rights through defined adverse personnel action standards and counterintelligence evaluation processes.
Powers of Regulator
Section 116 of the Canadian Energy Regulator Act grants the Regulator authority to establish standardized forms and short-form descriptions for violation notices, permits the Commission to designate persons to conduct regulatory reviews, and allows the Chief Executive Officer to designate officers authorized to issue violation notices.
Fitness for Duty Programs
10 CFR Part 26 establishes fitness-for-duty program requirements for nuclear power reactor licensees, special nuclear material handlers, construction permit holders, and contractors. FFD programs must ensure personnel reliability through implementation before receipt of fuel assemblies or start of construction, with scope varying by licensee category and authorization type.
Pooled fund
Canadian pipeline operators may satisfy financial liability requirements for commodity releases by participating in a regulated pooled fund established by authorized pipeline companies. Operators must maintain additional reserves equal to any shortfall between their liability requirements and pooled fund access. The Governor in Council may establish regulations governing minimum fund levels, contribution and withdrawal limits, and participation conditions.
Regulations imposing fees, etc.
Section 142 of the Canadian Energy Regulator Act authorizes the regulator to impose fees, levies, and charges on pipeline operators to recover government costs from commodity release incidents. Primary liability falls on the responsible operator; if recovery is insufficient, fees extend to other operators transporting the same or similar commodities. Regulations prescribe fee calculation methods and interest rates on unpaid amounts, which become recoverable debts to the Crown.
Orders
The Canadian Energy Regulator Commission may issue orders governing the design, construction, operation, and abandonment of facilities crossing interprovincial and international power lines. Orders authorize facility crossings, regulate ground disturbances, govern vehicle operation, allocate construction costs, and specify activities. The Regulator may also make complementary regulations with Governor in Council approval.
Regulations
The Governor in Council may establish regulations governing offshore renewable energy projects and power lines, addressing safety, security, and environmental protection. Regulations may prohibit introduction of specified substances or forms of energy, establish record management and disclosure requirements, and provide arbitration procedures for disputes.
Variation of licences
The Canadian Energy Regulator Commission may vary licences issued under the Act either on its own initiative or upon application. Non-minor or non-technical variations require ministerial approval if deemed in the public interest. The Commission may impose new or modified conditions as necessary to fulfil the Act's purposes.
Reasonable care
Facility holders under the Canadian Energy Regulator Act must exercise all reasonable care to ensure the safety and security of persons, regulated and abandoned facilities, property, and the environment.