10 CFR 50.57, Issuance of Operating License.

Issuance of operating license.^{<a href="#N_1_5057" id="ftn1" title="footnote 1 hyperlink">1</a>}

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(a) Pursuant to § 50.56, an operating license may be issued by the Commission, up to the full term authorized by § 50.51, upon finding that:

(1) Construction of the facility has been substantially completed, in conformity with the construction permit and the application as amended, the provisions of the Act, and the rules and regulations of the Commission; and

(2) The facility will operate in conformity with the application as amended, the provisions of the Act, and the rules and regulations of the Commission; and

(3) There is reasonable assurance (i) that the activities authorized by the operating license can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the regulations in this chapter; and

(4) The applicant is technically and financially qualified to engage in the activities authorized by the operating license in accordance with the regulations in this chapter. However, no finding of financial qualification is necessary for an electric utility applicant for an operating license for a utilization facility of the type described in § 50.21(b) or § 50.22.

(5) The applicable provisions of Part 140 of this chapter have been satisfied; and

(6) The issuance of the license will not be inimical to the common defense and security or to the health and safety of the public.

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(b) Each operating license will include appropriate provisions with respect to any uncompleted items of construction and such limitations or conditions as are required to assure that operation during the period of the completion of such items will not endanger public health and safety.

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(c) An applicant may, in a case where a hearing is held in connection with a pending proceeding under this section make a motion in writing, under this paragraph (c), for an operating license authorizing low-power testing (operation at not more than 1 percent of full power for the purpose of testing the facility), and further operations short of full power operation. Action on such a motion by the presiding officer shall be taken with due regard to the rights of the parties to the proceedings, including the right of any party to be heard to the extent that his contentions are relevant to the activity to be authorized. Before taking any action on such a motion that any party opposes, the presiding officer shall make findings on the matters specified in paragraph (a) of this section as to which there is a controversy, in the form of an initial decision with respect to the contested activity sought to be authorized. The Director of Nuclear Reactor Regulation will make findings on all other matters specified in paragraph (a) of this section. If no party opposes the motion, the presiding officer will issue an order in accordance with § 2.319(p) authorizing the Director of Nuclear Reactor Regulation to make appropriate findings on the matters specified in paragraph (a) of this section and to issue a license for the requested operation.

Federal Register

[[[FR::http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=1970_register&page=5318&position=1%7C 35 FR 5318, Mar. 31, 1970]], as amended at [[FR::http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=1970_register&page=6644&position=1%7C 35 FR 6644, Apr. 25, 1970]]; [[FR::http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=1972_register&page=11873&position=1%7C 37 FR 11873, June 15, 1972]]; [[FR::http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=1972_register&page=15142&position=1%7C 37 FR 15142, July 28, 1972]]; [[FR::http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=1984_register&page=35753&position=1%7C 49 FR 35753, Sept. 12, 1984]]; [[FR::http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=1986_register&page=7765&position=1%7C 51 FR 7765, Mar. 6, 1986]]; [[FR::http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2004_register&page=2275&position=1%7C 69 FR 2275, Jan. 14, 2004]]] <a href="#ftn1" name="N_1_5057" title="footnote 1">¹</a> The Commission may issue a provisional operating license pursuant to the regulations in this part in effect on March 30, 1970, for any facility for which a notice of hearing on an application for a provisional operating license or a notice of proposed issuance of a provisional operating license has been published on or before that date.

External Links

[[URL::http://www.nrc.gov/reading-rm/doc-collections/cfr/part050/part050-0057.html%7CNRC website 10 CFR 50.57]]

v t e Code of Federal Regulations
Title 10 Part 50 - DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES
10 CFR: 1 2 4 5 7 9 10 11 12 13 14 15 16 19 20 21 25 26 30 31 32 33 34 35 36 37 39 40 50 51 52 54 55 60 61 62 63 70 71 72 73 74 75 76 81 95 100 140 150 160 170 171
1, General Provisions, Basis, purpose, and procedures applicable 2, Definitions 3, Interpretations 4, Written communications 5, Deliberate misconduct 7, Employee protection 8, Information collection requirements: OMB approval 9, Completeness and accuracy of information 10, Requirement of License, Exceptions, License required; limited work authorization 11, Exceptions and exemptions from licensing requirements 12, Specific exemptions 13, Attacks and destructive acts by enemies of the United States; and defense activities 20, Classification and Description of Licenses, Two classes of licenses 21, Class 104 licenses; for medical therapy and research and development facilities 22, Class 103 licenses; for commercial and industrial facilities 23, Construction permits 30, Applications for Licenses, Certifications, and Regulatory Approvals; Form; Contents; Ineligibility of Certain Applicants, Filing of application for licenses; oath or affirmation 31, Combining applications 32, Elimination of repetition 33, Contents of applications; general information 34, Contents of applications; technical information 36, Technical specifications 37, Agreement limiting access to Classified Information 38, Ineligibility of certain applicants 39, Public inspection of applications 40, Standards for Licenses, Certifications, and Regulatory Approvals, Common standards 41, Additional standards for class 104 licenses 42, Additional standard for class 103 licenses 43, Additional standards and provisions affecting class 103 licenses and certifications for commercial power 44, Combustible gas control for nuclear power reactors 45, Standards for construction permits, operating licenses, and combined licenses 46, Acceptance criteria for emergency core cooling systems for light-water nuclear power reactors 47, Emergency plans 48, Fire protection 49, Environmental qualification of electric equipment important to safety for nuclear power plants 50, Issuance, Limitations, and Conditions of Licenses and Construction Permits, Issuance of licenses and construction permits 51, Continuation of license 52, Combining licenses 53, Jurisdictional limitations 54, Conditions of licenses 55, Conditions of construction permits, early site permits, combined licenses, and manufacturing licenses 56, Conversion of construction permit to license; or amendment of license 57, Issuance of operating license 58, Hearings and report of the Advisory Committee on Reactor Safeguards 59, Changes, tests and experiments 60, Acceptance criteria for fracture prevention measures for lightwater nuclear power reactors for normal operation 61, Fracture toughness requirements for protection against pressurized thermal shock events 62, Requirements for reduction of risk from anticipated transients without scram (ATWS) events for light-water-cooled nuclear power plants 63, Loss of all alternating current power 64, Limitations on the use of highly enriched uranium (HEU) in domestic non-power reactors 65, Requirements for monitoring the effectiveness of maintenance at nuclear power plants 66, Requirements for thermal annealing of the reactor pressure vessel 67, Accident source term 68, Criticality accident requirements 69, Inspections, Records, Reports, Notifications, Risk-informed categorization and treatment of structures, systems and components for nuclear power reactors 70, Inspections 71, Maintenance of records, making of reports 72, Immediate notification requirements for operating nuclear power reactors 73, Licensee event report system 74, Notification of change in operator or senior operator status 75, Reporting and recordkeeping for decommissioning planning 76, . Licensee's change of status; financial qualifications 78, US/IAEA Safeguards Agreement, Facility information and verification 80, Transfers of Licenses--Creditors' Rights--Surrender of Licenses, Transfer of licenses 81, Creditor regulations 82, Termination of license 83, Release of part of a power reactor facility or site for unrestricted use 90, Amendment of License or Construction Permit at Request of Holder, Application for amendment of license, construction permit, or early site permit 91, Notice for public comment; State consultation 92, Issuance of amendment 100, Revocation, Suspension, Modification, Amendment of Licenses and Construction Permits, Emergency Operations by the Commission, Revocation, suspension, modification of licenses, permits, and approvals for cause 101, Retaking possession of special nuclear material 102, Commission order for operation after revocation 103, Suspension and operation in war or national emergency 109, Backfitting 110, Enforcement, Violations 111, Criminal penalties 120, Additional Standards for Licenses, Certifications, and Regulatory Approvals, Training and qualification of nuclear power plant personnel 150, Aircraft impact assessment Appendices: 10 CFR 50 Appendix A, Appendix a to Part 50-General Design Criteria for Nuclear Power Plants 10 CFR 50 Appendix B, Quality Assurance Criteria for Nuclear Power Plants and Fuel Reprocessing Plants 10 CFR 50 Appendix C, Appendix C to Part 50-A Guide for the Financial Data and Related Information Required to Establish Financial Qualifications for Construction Permits and Combined Licenses 10 CFR 50 Appendix D, Appendix D to Part 50--Reserved 10 CFR 50 Appendix E, Appendix E to Part 50-Emergency Planning and Preparedness for Production and Utilization Facilities 10 CFR 50 Appendix F, Appendix F to Part 50--Policy Relating to the Siting of Fuel Reprocessing Plants and Related Waste Management Facilities 10 CFR 50 Appendix G, Appendix G to Part 50-Fracture Toughness Requirements 10 CFR 50 Appendix H, Appendix H to Part 50-Reactor Vessel Material Surveillance Program Requirements 10 CFR 50 Appendix I, Appendix I to Part 50-Numerical Guides for Design Objectives and Limiting Conditions for Operation to Meet the Criterion "As Low As Is Reasonably Achievable" for Radioactive Material In Light-Water-Cooled Nuclear Power Reactor E 10 CFR 50 Appendix J, Appendix J to Part 50-Primary Reactor Containment Leakage Testing for Water-Cooled Power Reactors 10 CFR 50 Appendix K, Appendix K to Part 50-Eccs Evaluation Models 10 CFR 50 Appendix L, Appendix L to Part 50--Reserved 10 CFR 50 Appendix M, Appendix M to Part 50--Reserved 10 CFR 50 Appendix N, Appendix N to Part 50-Standardization of Nuclear Power Plant Designs: Permits to Construct and Licenses to Operate Nuclear Power Reactors of Identical Design At Multiple Sites 10 CFR 50 Appendix O, Appendix O to Part 50-Reserved 10 CFR 50 Appendix P, Appendix P to Part 50--Reserved 10 CFR 50 Appendix Q, Appendix Q to Part 50--Pre-Application Early Review of Site Suitability Issues 10 CFR 50 Appendix R, Appendix R to Part 50-Fire Protection Program for Nuclear Power Facilities Operating Prior to January 1, 1979 10 CFR 50 Appendix S, General Information

10 CFR 50.57, Issuance of Operating License.

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Federal Register

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