10 C.F.R. Subpart D—Additional Procedures Applicable to Proceedings for the Issuance of Licenses To Construct or Operate Nuclear Power Plants of Duplicate Design at Multiple Sites
Title 10 - Energy
Source: 40 FR 2976, Jan. 17, 1975, unless otherwise noted.
This subpart describes procedures applicable to licensing proceedings which involve the consideration in hearings of a number of applications, filed by one or more applicants pursuant to appendix N of part 52 of this chapter, for licenses to construct and operate nuclear power reactors of essentially the same design to be located at different sites. [40 FR 2976, Jan. 17, 1975, as amended at 54 FR 15398, Apr. 18, 1989] (a) In the case of applications pursuant to appendix N of part 52 of this chapter for construction permits for nuclear power reactors of the type described in §50.22 of this chapter, the Secretary will issue notices of hearing pursuant to §2.104. (b) The notice of hearing will also state the time and place of the hearings on any separate phase of the proceeding. [40 FR 2976, Jan. 17, 1975, as amended at 54 FR 15398, Apr. 18, 1989] (a) In the case of applications under appendix N of part 52 of this chapter for construction permits for nuclear power reactors of a type described in §50.22 of this chapter, the Commission or the presiding officer may order separate hearings on particular phases of the proceeding, such as matters related to the acceptability of the design of the reactor, in the context of the site parameters postulated for the design or environmental matters. (b) If a separate hearing is held on a particular phase of the proceeding, the Commission or presiding officers of each affected proceeding may, under §2.317, consolidate for hearing on that phase two or more proceedings to consider common issues relating to the applications involved in the proceedings, if it finds that this action will be conducive to the proper dispatch of its business and to the ends of justice. In specifying the place of this consolidated hearing, due regard will be given to the convenience and necessity of the parties, petitioners for leave to intervene, or the attorneys or representatives of such persons, and the public interest. [40 FR 2976, Jan. 17, 1975, as amended at 43 FR 17801, Apr. 26, 1978; 54 FR 15398, Apr. 18, 1989; 69 FR 2256, Jan. 14, 2004; 70 FR 61887, Oct. 27, 2005] In the case of applications pursuant to appendix N of part 52 of this chapter for operating licenses for nuclear power reactors, if the Commission has not found that a hearing is in the public interest, the Director of Nuclear Reactor Regulation will, prior to acting thereon, cause to be published in the [40 FR 2976, Jan. 17, 1975, as amended at 54 FR 15398, Apr. 18, 1989] If a request for a hearing and/or petition for leave to intervene is filed within the time prescribed in the notice of proposed action on an application for an operating license pursuant to appendix N of part 52 of this chapter with respect to a specific reactor(s) at a specific site and the Commission or an atomic safety and licensing board designated by the Commission or by the Chairman of the Atomic Safety and Licensing Board Panel has issued a notice of hearing or other appropriate order, the Commission or the atomic safety and licensing board may order separate hearings on particular phases of the proceeding and/or consolidate for hearing two or more proceedings in the manner described in §2.402. [40 FR 2976, Jan. 17, 1975, as amended at 54 FR 15398, Apr. 18, 1989] At the conclusion of any hearing held under this subpart, the presiding officer will render a partial initial decision that may be appealed under §2.341. No construction permit or full power operating license will be issued until an initial decision has been issued on all phases of the hearing and all issues under the Act and the National Environmental Policy Act of 1969 appropriate to the proceeding have been resolved. [69 FR 2256, Jan. 14, 2004] Notwithstanding any other provision of this chapter, in a proceeding conducted pursuant to this subpart and appendix N of part 52 of this chapter, no matter which has been reserved for consideration in one phase of the hearing shall be considered at another phase of the hearing except on the basis of significant new information that substantially affects the conclusion(s) reached at the other phase or other good cause. [40 FR 2976, Jan. 17, 1975, as amended at 54 FR 15398, Apr. 18, 1989] The provisions of subparts A and G relating to construction permits and operating licenses apply, respectively, to construction permits and operating licenses subject to this subpart, except as qualified by the provisions of this subpart.
Title 10: Energy
PART 2—RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS
Subpart D—Additional Procedures Applicable to Proceedings for the Issuance of Licenses To Construct or Operate Nuclear Power Plants of Duplicate Design at Multiple Sites
§ 2.400 Scope of subpart.
§ 2.401 Notice of hearing on applications pursuant to appendix N of part 52 for construction permits.
§ 2.402 Separate hearings on separate issues; consolidation of proceedings.
§ 2.403 Notice of proposed action on applications for operating licenses pursuant to appendix N of part 52.
§ 2.404 Hearings on applications for operating licenses pursuant to appendix N of part 52.
§ 2.405 Initial decisions in consolidated hearings.
§ 2.406 Finality of decisions on separate issues.
§ 2.407 Applicability of other sections.
