[Code of Federal Regulations]
[Title 10, Volume 1]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR2.604]

[Page 47-48]
 
                            TITLE 10--ENERGY
 
                CHAPTER I--NUCLEAR REGULATORY COMMISSION
 
PART 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS--Table of Contents
 
 Subpart F--Additional Procedures Applicable to Early Partial Decisions 
   on Site Suitability Issues in Connection With an Application for a 
           Permit To Construct Certain Utilization Facilities
 
Sec. 2.604  Notice of hearing on application for early review of site suitability issues.

    (a) Where an applicant for a construction permit for a utilization 
facility subject to this subpart requests an early review and hearing 
and an early partial decision on issues of site suitability pursuant to 
Sec. 2.101(a-1), the provisions in the notice of hearing setting forth 
the matters of fact and law to be considered, as required by Sec. 2.104, 
shall be modified so as to relate only to the site suitability issue or 
issues under review.
    (b) After docketing of part two of the application, as provided in 
Secs. 2.101(a-1) and 2.603, a supplementary notice of hearing will be 
published pursuant to Sec. 2.104 with respect to the remaining 
unresolved issues in the proceeding within the scope of Sec. 2.104. Such 
supplementary notice of hearing will provide that any person whose 
interest may be affected by the proceeding and who desires to 
participate as a party in the resolution of the remaining issues shall 
file a petition for leave to intervene pursuant to Sec. 2.714 within the 
time prescribed in the notice. Such supplementary notice will also 
provide appropriate opportunities for participation by a representative 
of an interested state under Sec. 2.715(c) and for limited appearances 
pursuant to Sec. 2.715(a).
    (c) Any person who was permitted to intervene as a party pursuant to 
the initial notice of hearing on site suitability issues and who was not 
dismissed or did not withdraw as a party may continue to participate as 
a party to the proceeding with respect to the remaining unresolved 
issues, provided that within the time prescribed for filing of petitions 
for leave to intervene in the supplementary notice of hearing, he files 
a notice of his intent to continue as a party, along with a supporting 
affidavit identifying the specific aspect or aspects of the subject 
matter of the proceeding as to which he wishes to continue to 
participate as a party and setting forth with particularity the basis 
for his contentions with regard to each such aspect or aspects. A party 
who files a non-timely notice of intent to continue as a party may be 
dismissed from the proceeding, absent a determination that the party has 
made a substantial showing of good cause for failure to file on time, 
and with particular reference to the factors specified in Secs. 2.714(a) 
(1) through (4) and 2.714(d). The notice will be ruled upon by the 
Commission or atomic safety and licensing board designated to rule on 
petitions for leave to intervene.
    (d) To the maximum extent practicable, the membership of the atomic 
safety and licensing board designated

[[Page 48]]

to preside in the proceeding on the remaining unresolved issues pursuant 
to the supplemental notice of hearing will be the same as the membership 
designated to preside in the initial notice of hearing on site 
suitability issues.