An early site permit is subject to all 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 an 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 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.
10 CFR § 52.21
Administrative review of applications; hearings
June 9, 2020