[Code of Federal Regulations]
[Title 10, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR2.606]

[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. 2.606  Partial decisions on site suitability issues.

    (a) The provisions of Sec. Sec. 2.754, 2.755, 2.760, 2.761, 2.762, 
2.763, and 2.764(a) shall apply to any partial initial decision rendered 
in accordance with this subpart. Section 2.764(b) shall not apply to any 
partial initial decision rendered in accordance with this subpart. No 
limited work authorization may be issued pursuant to Sec. 50.10(e) of 
part 50 of this chapter and no construction permit may be issued without 
completion of the full review required by section 102(2) of the National 
Environmental Policy Act of 1969, as amended, and subpart A of part 51 
of this chapter. The authority of the Commission to review such a 
partial initial decision sua sponte, or to raise sua sponte an issue 
that has not been raised by the parties, will be exercised within the 
same time period as in the case of a full decision relating to the 
issuance of a construction permit.
    (b)(1) A partial decision on one or more site suitability issues 
pursuant to the applicable provisions of part 50, subpart A of part 51, 
and part 100 of this chapter issued in accordance with this subpart 
shall (i) clearly identify the site to which the partial decision 
applies and (ii) indicate to what extent additional information may be 
needed and additional review may be required to enable the Commission to 
determine in accordance with the provisions of the Act and the 
applicable provisions of the regulations in this chapter whether a 
construction permit for a facility to be located on the site identified 
in the partial decision should be issued or denied.
    (2) Following completion of Commission review of the partial initial 
decision of the Atomic Safety and Licensing Board, after hearing, on the 
site suitability issues, the partial decision shall remain in effect 
either for a period of five years or, where the applicant for the 
construction permit has made timely submittal of the information 
required to support the application as provided in Sec. 2.101(a-1), 
until the proceeding for a permit to construct a facility on the site 
identified in the partial decision has been concluded, \3\ unless the 
Commission or Atomic Safety and Licensing Board, upon its own initiative 
or upon motion by a party to the proceeding, finds that there exists 
significant new information that substantially affects the earlier 
conclusions and reopens the hearing record on site suitability issues. 
Upon good cause shown, the Commission may extend the five year period 
during which a partial decision shall remain in effect for a reasonable 
period of time not to exceed one year.
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    \3\ The partial decision on site suitability issues shall be 
incorporated in the decision regarding issuance of a construction permit 
to the extent that it serves as a basis for the decision on a specific 
site issue(s).

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