§ 2.752 Exceptions to intermediate decisions.

(a) Within 20 days after service of any intermediate decision, or such longer period as may be fixed therein, any party to a hearing may file with the Commission exceptions to such decision and a brief in support thereof, and shall serve copies of such exceptions and supporting brief on all other parties to the hearing. Each exception shall be separately numbered, shall identify the part of the intermediate decision 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 objections.

(b) Within 10 days after service of exceptions to the intermediate decision and brief in support thereof, or such longer period as may be fixed in such decision, any party to a hearing may file with the Commission a brief in opposition to such exceptions.

[24 F.R. 3791, May 12, 1959]

§ 2.757 Ex parte communications.

(a) Save to the extent required for the disposition of ex parte matters as authorized by law, neither (1) Commissioners, members of their immediate staffs, or other AEC officials and employees who advise the Commissioners in the exercise of their quasi-judicial functions will request or entertain off the record except from each other, nor (2) any applicant for or holder of an AEC license or permit, or any officer, employee, representative, or other person directly or indirectly acting in behalf thereof, shall submit off the record to Commissioners or such staff members, officials, and employees, any evidence, explanation, analysis, or advice, whether written or oral, regarding any substantive matter at issue in a proceeding on the record then pending before the AEC for the issuance, denial, amendment, transfer, renewal, modification, suspension, or revocation of a license or permit. For the purposes of this section, the term "proceeding on the record then pending before the AEC" shall include any application or matter which has been noticed for hearing or concerning which a hearing has been requested pursuant to this part.

(b) Copies of written communications covered by subsection (a) shall be placed in the AEC public document room and served by the Secretary on the communicator and the parties to the proceeding involved.

(c) A Commissioner, member of his immediate staff, or other AEC official or employee advising the Commissioners in the exercise of their quasi-judicial functions, to whom is attempted any oral communication concerning any substantive matter at issue in a proceeding on the record as described in paragraph (a) of this section, will decline to listen to such communication and will explain that the matter is pending for determination. If unsuccessful in preventing such communication, the recipient thereof will advise the communicator that a written summary of the conversation will be delivered to the AEC public document room and a copy served by the Secretary of the Commission on the communicator and the parties to the proceeding involved. The recipient of the oral communication thereupon will make a fair,