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§ 2.645 Notice of hearing.(a) The notice of hearing on part one
of the application must set forth the
matters of fact and law to be considered,
as required by § 2.104, which will be
modified to state that the hearing will
relate only to the matters related to (b) After docketing of part two of the
application, as provided in §§ 2.101(a)(9) and 2.643(d), 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.
The 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 within the
time prescribed in the notice. The
petition to intervene must meet the (c) Any person who was permitted to
intervene under the initial notice of
hearing on the limited work
authorization and who was not
dismissed or did not withdraw as a
party, may continue to participate as a
party with respect to the remaining
unresolved issues only if, within the
time prescribed for filing of petitions for
leave to intervene in the supplementary
notice of hearing, that person files a
petition for intervention which meets
the applicable requirements in subpart
C of this part, including § 2.309, provided, however, that the petition
need not address § 2.309(d). However, a
person who was granted discretionary
intervention under § 2.309(e) must
address in its petition the factors in (d) A party who files a non-timely petition for intervention under paragraph (b) of this section 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. (e) To the maximum extent practicable, the membership of the Atomic Safety and Licensing Board, or the individual presiding officer, as applicable, designated to preside in the proceeding on the remaining unresolved issues under the supplemental notice of hearing will be the same as the membership or individual designated to preside in the initial notice of hearing. [72 FR 57441, Oct. 9, 2007] |
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