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§ 2.623 Notice of hearing on application for early review of site suitability issues in combined license proceeding.(a) Where an applicant for a combined
license under part 52 of this chapter
requests an early review and hearing
and an early partial decision on issues
of site suitability pursuant to § 2.101(a–2), 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 (b) After docketing of part two of the
application, as provided in §§ 2.101(a–1) and 2.603, a supplementary notice of (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 without having to demonstrate standing under § 2.309(d), provided, however, that within the time prescribed for filing of petitions for leave to intervene in the supplementary notice of hearing, the party files a notice of intent to continue as a party. The notice must include the information required by § 2.309(f). 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 2.309(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 presiding officer (as applicable, the membership of the 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 presiding officer (as applicable, the membership of the licensing board) designated to preside in the initial notice of hearing on site suitability issues. [72 FR 49480, Aug. 28, 2007] |
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