designated land or other property in his or its possession or control for the purpose of inspecting, measuring, surveying, or photographing the property or any designated object or operation thereon which is relevant as described in subparagraph (1) of this paragraph,

(b) It is not ground for objection to the motion that the evidence will be inadmissible at the trial if the evidence sought appears reasonably calculated to lead to the discovery of admissible evidence.

(c) The order shall specify the time, place, and manner of making the inspection and taking the copies and photographs and may prescribe such terms and conditions as are just. The hearing examiner may make an order that the inspection, copying, measuring, surveying, or photographing shall be limited to certain matters, or that secret processes, developments, or research need not be disclosed; or the hearing examiner may make any other order which justice requires to protect the party from annoyance, embarrassment, or oppression,

§ 3.39 Requests for withholding documents from public record.

(a) The hearing examiner may order withheld from the public record in any appeal any document or information therein if disclosure of its contents is not required in the public interest and would adversely affect the interest of the party concerned. Such withholding from the public record shall not, however, affect the right of persons properly and directly concerned to inspect the document.

(b) Any party requesting that any document or information therein be withheld from public disclosure shall make prompt application therefor to the hearing examiner, identifying the material and giving the reasons, with notice to the other parties. The hearing examiner may grant such request upon a finding that public disclosure is not required in the public interest and would adversely affect the interest of the party concerned.

§ 3.40 Briefs.

DECISIONS

The hearing examiner may order such briefs to be filed by each party after the conclusion of the hearing as he may provide and within such reasonable periods of time as he may allow.

§ 3.41 Record for decision.

The exclusive record for decision by the hearing examiner shall consist of (a) the findings of fact and decision of the contracting officer, (b) the notice of appeal, (c) the contract, supporting data, correspondence, and other documents transmitted by the contracting officer to the hearing examiner pursuant to § 3.14, (d) the pleadings, (e) the transcript of the hearing, if any, and (f) all other written motions, orders, briefs, and other documents of public record. No other evidence shall be considered by the hearing examiner.

(a) When an appeal is taken pursuant to a disputes clause in a contract which provides only for appeals from decisions on questions of fact, the hearing examiner shall consider and decide all questions of law necessary for the complete adjudication of all said questions of fact.

(b) The hearing examiner shall make specific findings of fact and conclusions of law in writing, supported by the substantial evidence of record in the proceeding, and shall render a decision based thereon.

(c) The decision of the hearing examiner shall constitute the final action of the Commission sixty days after the date thereof, unless any party shall within such period file a petition for review of such decision and the Commission, in its discretion, shall thereafter grant such petition.

(a) The petition for review shall concisely and plainly state (1) the facts upon which the petitioner bases his claim that he has been adversely affected or aggrieved by the decision of the hearing examiner or that review thereof is required in the public interest under applicable statutes and rules, and (2) the relief or disposition of the appeal which the petitioner seeks by review.

(b) Ten copies of the petition for review and brief in support thereof shall be filed with the Secretary of the Commission, who shall forthwith serve upon each member of the Commission one copy of the petition and brief, together with a copy of the decision of the hearing examiner.

(c) Within twenty days after the filing of the petition for review and brief in support thereof, the respondent may file ten copies of an opposing brief with the Secretary of the Commission, who shall forthwith serve one copy thereof upon each member of the Commission.

(d) In their consideration of the petition for review and briefs filed with respect thereto, the Commission may take into consideration, without limitation, (1) the propriety of the award on its face or the size of the award; (2) compliance by the contractor, contracting officer, and the hearing examiner with the requirements and standards of applicable statutes and rules and the contract involved; and (3) important questions of policy or administration presented by the record in the case.

(e) If the Commission denies the petition for review, the decision of the hearing examiner shall thereupon become the final action of the Commission. If the Commission grants the petition for review, it shall (1) direct the hearing examiner to forthwith certify the record of the case to the Commission and (2) issue an order for review which shall fix a time within which the parties may submit exceptions and briefs with reference to the decision of the hearing examiner.

(f) Each exception submitted pursuant to paragraph (e) (2) of this section shall be separately numbered, shall identify the part of the decision of the hearing examiner to which objection is made, shall designate by specific reference the portions of the record relied upon in support of the objections, and shall state the grounds for the exception, including the citation of authorities in support thereof. Any objection to a ruling, finding, or conclusion which is not made part of the exceptions shall be deemed to have been waived, and the Commission need not consider such objection.

(g) After the expiration of the time provided by Commission order pursuant to paragraph (e) (2) of this section, the Commission shall proceed to a final decision on the appeal, in the manner provided in §§ 2.750, 2.753(b), 2.754, 2.755, and 2.756 of this chapter (the AEC Rules of Practice).

(h) No AEC officer or employee, other than (1) a Commissioner, (2) a member of his immediate staff, or (3) Commission personnel who have not previously

The decision(s) of the AEC Contracting Officer, from

(Name and location) which the appeal is taken, with the date(s) thereof is (are) as follows:

(Here insert by numbered paragraphs the decision or decisions, in substantially the following form:

1. The decision of the Contracting Officer dated November 4, 1958, that radiator valves must be furnished and installed on invectors.

2. The decision of the Contracting Officer dated November 4, 1958, denying the Contractor's claim for an equitable adjustment in contract price.)

pursuant to section 161 a. of the Atomic Energy Act of 1954 (68 Stat. 919) or established by statute to render advice or recommendation to the Commission, insofar as consistent with any specific statutory requirements, except the Patent Compensation Board, the Advisory Board on Contract Appeals, the Personnel Security Review Board, and the Personnel Security Boards. These regulations also apply to any advisory board not so established, but only during any period when it is being utilized by the Commission for advice or recommendations in a manner similar to that which would be employed in utilizing advisory boards established by the Commission. These regulations shall not apply to any advisory board for which the Congress has by statute specified the purpose, composition, and conduct, such as the General Advisory Committee and the Advisory Committee on Reactor Safeguards. Nor shall they apply to any advisory board not established under section 161 a. of the Atomic Energy Act of 1954, and composed wholly of persons from charitable, religious, educational, civic, social welfare, or other similar non-profit organizations or to any local civic committee whose primary function is that of rendering a public service other than giving advice or making recommendations to the Government.

§ 7.3 Functions and limitations.

(a) It is the function of an advisory board to furnish advice, recommendations and opinions concerning the subject matter with respect to which the board has been established. Advisory boards may not establish policy or take any action on behalf of the Commission.

(b) Advisory boards may not request information from any source other than the Commission either in the name of the board or in the name of the Commission. Information needed by an Advisory Board will be obtained by the Commission or its duly authorized representative.

subcommittees,

All advisory board temporary or permanent, shall be subject to the rules and procedures governing the respective full boards.

§ 7.10 Industry advisory committees and conferences.

(a) Industry advisory committees and industry advisory conferences are deemed to be industry advisory boards and subject to the requirements of the regulations in this part. Except as otherwise authorized by the Commission, or its duly authorized representative, attendance at meetings of industry advisory committees or conferences shall be limited to the members of the committee or conference and Commission employees.

(b) Persons selected for membership on industry advisory committees or conferences shall be chosen, insofar as is practicable, with a view to assure a representation of a cross-section of the group or groups affected, with due consideration given to large, medium and small business, geographic distribution, members and non-members of trade associations and other relevant factors. Selection of industry members shall, unless otherwise provided by statute, be limited to individuals actively engaged in the industry or industries concerned, except where the Commission deems such limitation impracticable for effective committee operation.

as provided in § 2.757 of this chapter. [Paragraph (e) added, 24 F.R. 9330, Nov. 19, 1959]

§ 9.4 Exceptions.

*

(i) Correspondence with members of Congress or Congressional committees, except (1) correspondence released by the member of Congress or Congressional committee concerned, or (2) correspondence regarding the issuance, denial, amendment, transfer, renewal, modification, suspension, or revocation of a license or permit or regarding a rule making proceeding subject to Part 2 of this chapter.

[Paragraph (i) amended, 24 F.R. 10009, Dec. 11, 1959]

*

§ 9.8 Service of communications on parties to licensing proceedings. Unless otherwise placed in the record of the proceeding, written communications (except communications defined in § 9.4) addressed to AEC with respect to any pending proceeding for the issuance, denial, amendment, transfer, renewal, modification, suspension or revocation of a license or permit subject to Part 2 of this chapter, in which proceeding a notice of hearing has been issued, shall be served by the Secretary upon the parties to the proceeding.

(Sec. 161, 68 Stat. 948, 42 U.S.C. 2201) [24 F.R. 10009, Dec. 11, 1959]

level, interface location, radiation, leakage, or qualitative or quantitative chemical composition or for producing light or an ionized atmosphere, when such devices are manufactured in accordance with the specifications contained in a specific license issued to the supplier pursuant to § 30.24(f): Provided, That:

(i) The general license contained in this paragraph shall apply only to devices distributed under and in accordance with a specific license which states that such devices when manufactured pursuant to the terms of the specific license may be distributed by the licensee pursuant to this paragraph;

(ii) That such devices are labeled in accordance with the provisions of the specific license which authorizes the distribution of the devices; and

(iii) That the device bear a label containing the following statement:

This device, generally licensed pursuant to § 30.21(c) of 10 CFR, Part 30, has been manufactured and distributed pursuant to AEC license No. by

(Name of supplier)

(2) Persons who own, receive, acquire, possess or use a device pursuant to the general license contained in subparagraph (1) of this paragraph:

(i) Shall not transfer, abandon or dispose of the device, except by transfer to a person specifically licensed by the Commission to receive such device;

(ii) Shall assure that all labels affixed to the device at the time of receipt and bearing the statement, "Removal of this label is prohibited by regulations of the Atomic Energy Commission," are maintained thereon and shall comply with all instructions contained in such labels;

(iii) Shall have the device tested for leakage of radioactive material and proper operation of the on-off mechanism and indicator, if any, at no longer than six-month intervals; provided that devices containing only krypton need not be tested for leakage, and devices containing only tritium need not be tested for any purpose;

(iv) Shall have the tests required by subdivision (iii) of this subparagraph and all other services involving the radioactive material, its shielding and containment, performed by the supplier or other person holding a specific license to manufacture, install or service such devices;