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e-CFR data is current as of July 9, 2020

Title 10Chapter IPart 2 → Subpart D


Title 10: Energy
PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE


Subpart D—Additional Procedures Applicable to Proceedings for the Issuance of Licenses To Construct and/or Operate Nuclear Power Plants of Identical Design at Multiple Sites


Contents
§2.400   Scope of subpart.
§2.401   Notice of hearing on construction permit or combined license applications pursuant to appendix N of 10 CFR parts 50 or 52.
§2.402   Separate hearings on separate issues; consolidation of proceedings.
§2.403   Notice of proposed action on applications for operating licenses pursuant to appendix N of 10 CFR part 50.
§2.404   Hearings on applications for operating licenses pursuant to appendix N of 10 CFR part 50.
§2.405   Initial decisions in consolidated hearings.
§2.406   Finality of decisions on separate issues.
§2.407   Applicability of other sections.

Source: 72 FR 49477, Aug. 28, 2007, unless otherwise noted.

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§2.400   Scope of subpart.

This subpart describes procedures applicable to licensing proceedings which involve the consideration in hearings of a number of applications, filed by one or more applicants pursuant to appendix N of parts 50 or 52 of this chapter, for licenses to construct and/or operate nuclear power reactors of identical design to be located at multiple sites.

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§2.401   Notice of hearing on construction permit or combined license applications pursuant to appendix N of 10 CFR parts 50 or 52.

(a) In the case of applications pursuant to appendix N of part 50 of this chapter for construction permits for nuclear power reactors of the type described in §50.22 of this chapter, or applications pursuant to appendix N of part 52 of this chapter for combined licenses, the Secretary will issue notices of hearing pursuant to §2.104.

(b) The notice of hearing will also state the time and place of the hearings on any separate phase of the proceeding.

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§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 power reactors 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.

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§2.403   Notice of proposed action on applications for operating licenses pursuant to appendix N of 10 CFR part 50.

In the case of applications pursuant to appendix N of part 50 of this chapter for operating licenses for nuclear power reactors, if the Commission has not found that a hearing is in the public interest, the Commission or the Director, Office of Nuclear Reactor Regulation, as appropriate will, prior to acting thereon, cause to be published in the Federal Register, pursuant to §2.105, a notice of proposed action with respect to each application as soon as practicable after the applications have been docketed.

[73 FR 5717, Jan. 31, 2008, as amended at 84 FR 65643, Nov. 29, 2019]

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§2.404   Hearings on applications for operating licenses pursuant to appendix N of 10 CFR part 50.

If a request for a hearing and/or petition for leave to intervene is filed within the time prescribed in the notice of proposed action on an application for an operating license pursuant to appendix N of part 50 of this chapter with respect to a specific reactor(s) at a specific site, and the Commission, the Chief Administrative Judge, or a presiding officer has issued a notice of hearing or other appropriate order, then the Commission, the Chief Administrative Judge, or the presiding officer may order separate hearings on particular phases of the proceeding and/or consolidate for hearing two or more proceedings in the manner described in §2.402.

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§2.405   Initial decisions in consolidated hearings.

At the conclusion of a hearing held under this subpart, the presiding officer will render a partial initial decision on the common design. The partial initial decision on the common design may be appealed under §2.341. If the proceedings have also been consolidated with respect to matters other than the common design under §2.317(b), the presiding officer may issue a consolidated partial initial decision for those proceedings. No construction permit, full-power operating license, or combined license under part 52 of this chapter will be issued until an initial decision has been issued on all phases of the hearing and all issues under the Act and the National Environmental Policy Act of 1969 appropriate to the proceeding have been resolved.

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§2.406   Finality of decisions on separate issues.

Notwithstanding any other provision of this chapter, in a proceeding conducted pursuant to this subpart and appendices N of parts 50 or 52 of this chapter, no matter which has been reserved for consideration in one phase of the hearing shall be considered at another phase of the hearing except on the basis of significant new information that substantially affects the conclusion(s) reached at the other phase or other good cause.

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§2.407   Applicability of other sections.

The provisions of subparts A, C, G, L, and N of this part relating to construction permits, operating licenses, and combined licenses apply, respectively, to construction permits, operating licenses, and combined licenses subject to this subpart, except as may be qualified by the provisions of this subpart.

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