§ 2.402 Separate hearings on separate issues; consolidation of proceedings.
(a) In the case of applications under appendix N of part 50 of this chapter for construction permits for nuclear powerreactors of a type described in 10 CFR 50.22, or applications pursuant to appendix N of part 52 of this chapter for combined licenses, 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 10
CFR 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; 72 FR 49477, Aug. 28, 2007]