§ 2.604 Notice of hearing on application for early review of site suitability issues in construction permit proceeding.
(a) Where an applicant for a construction permit requests an early review and hearing and an early partial decision on issues of site suitability pursuant to § 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 § 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 §§ 2.101(a–1) and 2.603, a supplementary notice of hearing will be published under § 2.104 with respect to the remaining unresolved issues in the proceeding within the scope of § 2.104. This 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 § 2.309 within the time prescribed in the notice. This supplementary notice will also provide appropriate opportunities for participation by a representative of an interested State under § 2.315(c) and for limited appearances under § 2.315(a).
(c) Any person who was permitted to
intervene as a party under 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, they
file a notice of their 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 they wish to
continue to participate as a party and
setting forth with particularity the basis for their contentions with regard to each
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 § 2.309(c)(1)(i)
through (iv) and (d). The notice will be
ruled upon by the Commission or
presiding officer designated to rule on
petitions for leave to intervene.
(d) To the maximum extent practicable, the membership of any atomic safety and licensing board designated 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.
[69 FR 2256, Jan 14, 2004; 72 FR 49479, Aug. 28, 2007; 88 FR 57876, Aug. 24, 2023]
Page Last Reviewed/Updated Monday, September 25, 2023