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§ 2.108 Denial of application for failure to supply information.(a) The Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, may deny an application if an applicant fails to respond to a request for additional information within thirty (30) days from the date of the request, or within such other time as may be specified. (b) The Director, Office of Nuclear
Reactor Regulation, Director, Office of
New Reactors, or Director, Office of
Nuclear Material Safety and Safeguards,
as appropriate, will cause to be
published in the Federal Register a
notice of denial when notice of receipt
of the application has previously been
published, but notice of hearing has not
yet been published. The notice of denial
will provide that, within thirty (30) days
after the date of publication in the (1) The applicant may demand a hearing, and (2) Any person whose interest may be affected by the proceeding may file a petition for leave to intervene. (c) When both a notice of receipt of the application and a notice of hearing have been published, the presiding officer, upon a motion made by the staff under § 2.323, will rule whether an application should be denied by the Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, under paragraph (a) of this section. [27 FR 377, Jan. 13, 1962, as amended at 39 FR 43195, Dec. 11, 1974; 69 FR 2236, Jan. 14, 2004; 73 FR 5716, Jan. 31, 2008] |
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