
[Code of Federal Regulations]
[Title 10, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR2]

[Page 42-43]
 
                            TITLE 10--ENERGY
 
                CHAPTER I--NUCLEAR REGULATORY COMMISSION
 
PART 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF OR
DERS--Table of Contents
 
Subpart D--Additional Procedures Applicable to Proceedings for the Issuance of 
Licenses To Construct or Operate Nuclear Power Plants of Duplicate Design at 
Multiple Sites

    Source: 40 FR 2976, Jan. 17, 1975, unless otherwise noted.

Sec. 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 
part 52 of this chapter, for licenses to construct and operate nuclear 
power reactors of essentially the same design to be located at different 
sites.

[40 FR 2976, Jan. 17, 1975, as amended at 54 FR 15398, Apr. 18, 1989]

Sec. 2.401  Notice of hearing on applications pursuant to appendix N of 
          part 52 for construction permits.

    (a) In the case of applications pursuant to appendix N of part 52 of 
this chapter for construction permits for nuclear power reactors of the 
type described in Sec. 50.22 of this chapter, the Secretary will issue 
notices of hearing pursuant to Sec. 2.104.
    (b) The notice of hearing will also state the time and place of the 
hearings on any separate phase of the proceeding.

[40 FR 2976, Jan. 17, 1975, as amended at 54 FR 15398, Apr. 18, 1989]

Sec. 2.402  Separate hearings on separate issues; consolidation of 
          proceedings.

    (a) In the case of applications pursuant to appendix N of part 52 of 
this chapter for construction permits for nuclear power reactors of a 
type described in Sec. 50.22 of this chapter, 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; environmental matters; or antitrust aspects of the 
application.
    (b) If a separate hearing is held on a particular phase of the 
proceeding, the Commission or presiding officers of each affected 
proceeding may, pursuant to Sec. 2.716, 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 such action 
will be conducive to the proper dispatch of its business and to the ends 
of justice. In fixing the place of any such 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]

[[Page 43]]

Sec. 2.403  Notice of proposed action on applications for operating 
          licenses pursuant to appendix N of part 52.

    In the case of applications pursuant to appendix N of part 52 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 
Director of Nuclear Reactor Regulation will, prior to acting thereon, 
cause to be published in the Federal Register, pursuant to Sec. 2.105, a 
notice of proposed action with respect to each application as soon as 
practicable after the applications have been docketed.

[40 FR 2976, Jan. 17, 1975, as amended at 54 FR 15398, Apr. 18, 1989]

Sec. 2.404  Hearings on applications for operating licenses pursuant to 
          appendix N of part 52.

    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 52 
of this chapter with respect to a specific reactor(s) at a specific site 
and the Commission or an atomic safety and licensing board designated by 
the Commission or by the Chairman of the Atomic Safety and Licensing 
Board Panel has issued a notice of hearing or other appropriate order, 
the Commission or the atomic safety and licensing board may order 
separate hearings on particular phases of the proceeding and/or 
consolidate for hearing two or more proceedings in the manner described 
in Sec. 2.402.

[40 FR 2976, Jan. 17, 1975, as amended at 54 FR 15398, Apr. 18, 1989]

Sec. 2.405  Initial decisions in consolidated hearings.

    At the conclusion of any hearing held pursuant to this subpart, the 
presiding officer will render a partial initial decision which may be 
appealed pursuant to Sec. 2.762. No construction permit or full power 
operating license 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.

Sec. 2.406  Finality of decisions on separate issues.

    Notwithstanding any other provision of this chapter, in a proceeding 
conducted pursuant to this subpart and appendix N of part 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.

[40 FR 2976, Jan. 17, 1975, as amended at 54 FR 15398, Apr. 18, 1989]

Sec. 2.407  Applicability of other sections.

    The provisions of subparts A and G relating to construction permits 
and operating licenses apply, respectively, to construction permits and 
operating licenses subject to this subpart, except as qualified by the 
provisions of this subpart.
