§ 2.604 Notice of hearing on application for early review of site suitability issues in construction permit proceeding.
(a) Where an applicant for a
construction permit requests an early
review and hearing and an early partial
decision on issues of site suitability
pursuant to § 2.101(a–1), 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 only to the site suitability
issue or issues under review.
(b) After docketing of part two of the
application, as provided in §§ 2.101(a–1) and 2.603, 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. This
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
pursuant to § 2.309 within the time
prescribed in the notice. This
supplementary notice will also provide
appropriate opportunities for
participation by a representative of an
interested State under § 2.315(c) and for
limited appearances under § 2.315(a).
(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 with respect to the
remaining unresolved issues, provided
that within the time prescribed for filing
of petitions for leave to intervene in the
supplementary notice of hearing, he or
she files a notice of his intent to
continue as a party, along with a
supporting affidavit identifying the
specific aspect or aspects of the subject
matter of the proceeding as to which he
or she wishes to continue to participate
as a party and setting forth with
particularity the basis for his
contentions with regard to each aspect
or aspects. A party who files a nontimely
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 membership of any atomic safety and 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 membership designated to preside in the initial notice of hearing on site suitability issues.
[69 FR 2256, Jan 14, 2004; 72 FR 49479, Aug. 28, 2007]