10 C.F.R. § 52.21

Administrative review of applications; hearings

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An early site permit is subject to all applicable procedural requirements in 10 CFR part 2, including the requirements for docketing in § 2.101(a)(1) through (4) of this chapter, and the requirements for issuance of a notice of hearing in § 2.104(a) and (d) of this chapter, provided that the designated sections may not be construed to require that the environmental report, or draft or final environmental impact statement include an assessment of the benefits of construction and operation of the reactor or reactors, or an analysis of alternative energy sources. The presiding officer in a contested early site permit hearing shall not admit contentions proffered by any party concerning an assessment of the benefits of construction and operation of the reactor or reactors, or an analysis of alternative energy sources if those issues were not addressed by the applicant in the early site permit application. All contested hearings conducted on applications for early site permits filed under this part are governed by the procedures contained in subparts C, G, L, and N of 10 CFR part 2, as applicable.

[72 FR 49517, Aug. 28, 2007, as amended at 91 FR 20067, Apr. 15, 2026]

Notes of Decisions

Cited in 1 case, 2006–2006 · leading case: Env't Law & Policy Ctr. v. United States Nuclear Regulatory Comm'n, 470 F.3d 676 (7th Cir. 2006).

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Env't Law & Policy Ctr. v. United States Nuclear Regulatory Comm'n, 470 F.3d 676 (7th Cir. 2006). “See 10 C.F.R. § 52.21 . Because an ESP does not authorize construction, the evaluations conducted at the ESP stage are intended to provide early resolution to some — but not all — of the environmental issues.”

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