[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: 10CFR2.605]

[Page 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. 2.605  Additional considerations.

    (a) The Commission will not conduct more than one review of site 
suitability issues with regard to a particular site prior to filing and 
review of part two of the application described in Sec. 2.101(a-1) of 
this part.
    (b) The Commission, upon its own initiative, or upon the motion of 
any party to the proceeding filed at least sixty (60) days prior to the 
date of the commencement of the evidentiary hearing on site suitability 
issues, may decline to initiate an early hearing or render an early 
partial decision on any issue or issues of site suitability:
    (1) In cases where no partial decision on the relative merits of the 
proposed site and alternative sites under subpart A of part 51 is 
requested, upon determination that there is a reasonable likelihood that 
further review would identify one or more preferable alternative sites 
and the partial decision on one or more site suitability issues would 
lead to an irreversible and irretrievable commitment of resources prior 
to the submittal of the remainder of the information required by 
Sec. 50.30(f) of this chapter that would prejudice the later review and 
decision on such alternative sites; or
    (2) In cases where it appears that an early partial decision on any 
issue or issues of site suitability would not be in the public interest 
considering (i) the degree of likelihood that any early findings on 
those issues would retain their validity in later reviews, (ii) the 
objections, if any, of cognizant state or local government agencies to 
the conduct of an early review on those issues, and (iii) the possible 
effect on the public interest and the parties of having an early, if not 
necessarily conclusive, resolution of those issues.

[42 FR 22885, May 5, 1977, as amended at 49 FR 9401, Mar. 12, 1984]