10 CFR 52.103, Operation Under a Combined License

Operation under a combined license

a

(a) The licensee shall notify the NRC of its scheduled date for initial loading of fuel no later than 270 days before the scheduled date and shall notify the NRC of updates to its schedule every 30 days thereafter. Not less than 180 days before the date scheduled for initial loading of fuel into a plant by a licensee that has been issued a combined license under this part, the Commission shall publish notice of intended operation in the Federal Register. The notice must provide that any person whose interest may be affected by operation of the plant may, within 60 days, request that the Commission hold a hearing on whether the facility as constructed complies, or on completion will comply, with the acceptance criteria in the combined license, except that a hearing shall not be granted for those ITAAC which the Commission found were met under § 52.97(a)(2).

b

(b) A request for hearing under paragraph (a) of this section must show, prima facie, that-

(1) One or more of the acceptance criteria of the ITAAC in the combined license have not been, or will not be, met; and

(2) The specific operational consequences of nonconformance that would be contrary to providing reasonable assurance of adequate protection of the public health and safety.

c

(c) The Commission, acting as the presiding officer, shall determine whether to grant or deny the request for hearing in accordance with the applicable requirements of 10 CFR 2.309. If the Commission grants the request, the Commission, acting as the presiding officer, shall determine whether during a period of interim operation there will be reasonable assurance of adequate protection to the public health and safety. The Commission's determination must consider the petitioner's prima facie showing and any answers thereto. If the Commission determines there is such reasonable assurance, it shall allow operation during an interim period under the combined license.

d

(d) The Commission, in its discretion, shall determine appropriate hearing procedures, whether informal or formal adjudicatory, for any hearing under paragraph (a) of this section, and shall state its reasons therefore.

e

(e) The Commission shall, to the maximum possible extent, render a decision on issues raised by the hearing request within 180 days of the publication of the notice provided by paragraph (a) of this section or by the anticipated date for initial loading of fuel into the reactor, whichever is later.

f

(f) A petition to modify the terms and conditions of the combined license will be processed as a request for action in accordance with 10 CFR 2.206. The petitioner shall file the petition with the Secretary of the Commission. Before the licensed activity allegedly affected by the petition (fuel loading, low power testing, etc.) commences, the Commission shall determine whether any immediate action is required. If the petition is granted, then an appropriate order will be issued. Fuel loading and operation under the combined license will not be affected by the granting of the petition unless the order is made immediately effective.

g

(g) The licensee shall not operate the facility until the Commission makes a finding that the acceptance criteria in the combined license are met, except for those acceptance criteria that the Commission found were met under § 52.97(a)(2). If the combined license is for a modular design, each reactor module may require a separate finding as construction proceeds.

h

(h) After the Commission has made the finding in paragraph (g) of this section, the ITAAC do not, by virtue of their inclusion in the combined license, constitute regulatory requirements either for licensees or for renewal of the license; except for the specific ITAAC for which the Commission has granted a hearing under paragraph (a) of this section, all ITAAC expire upon final Commission action in the proceeding. However, subsequent changes to the facility or procedures described in the final safety analysis report (as updated) must comply with the requirements in §§ 52.98(e) or (f), as applicable.

Federal Register

72 FR 49536, Aug. 28, 2007]

External Links

NRC website 10 CFR 52.103

v t e Code of Federal Regulations
Title 10 Part 52 - LICENSES, CERTIFICATIONS, AND APPROVALS FOR NUCLEAR POWER PLANTS
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
0, General Provisions, Scope; applicability of 10 CFR Chapter I provisions 1, Definitions 2, 3, Written communications 4, Deliberate misconduct 5, Employee protection 6, Completeness and accuracy of information 7, Specific exemptions 8, Combining licenses; elimination of repetition 9, Jurisdictional limits 10, Attacks and destructive acts 11, Information collection requirements: OMB approval 12, Early Site Permits, Scope of subpart 13, Relationship to other subparts 15, Filing of applications 16, Contents of applications; general information 17, Contents of applications; technical information 18, Standards for review of applications 21, Administrative review of applications; hearings 23, Referral to the Advisory Committee on Reactor Safeguards (ACRS) 24, Issuance of early site permit 25, Extent of activities permitted 26, Duration of permit 27, Limited work authorization after issuance of early site permit 28, Transfer of early site permit 29, Application for renewal 31, Criteria for renewal 33, Duration of renewal 35, Use of site for other purposes 39, Finality of early site permit determinations 41, Standard Design Certifications, Scope of subpart 43, Relationship to other subparts 45, Filing of applications 46, Contents of applications; general information 47, Contents of applications; technical information 48, Standards for review of applications 51, Administrative review of applications 53, Referral to the Advisory Committeeon Reactor Safeguards (ACRS) 54, Issuance of standard design certification 55, Duration of certification 57, Application for renewal 59, Criteria for renewal 61, Duration of renewal 63, Finality of standard design certifications 71, Combined Licenses, Scope of subpart 73, Relationship to other subparts 75, Filing of applications 77, Contents of applications; general information 79, Contents of applications; technical information in final safety analysis report 80, Contents of applications; additional technical information 81, Standards for review of applications 83, Finality of referenced NRC approvals; partial initial decision on site suitability 85, Administrative review of applications; hearings 87, Referral to the Advisory Committee on Reactor Safeguards (ACRS) 89, 91, Authorization to conduct limited work authorization activities 93, Exemptions and variances 97, Issuance of combined licenses 98, Finality of combined licenses; information requests 99, Inspection during construction 103, Operation under a combined license 104, Duration of combined license 105, Transfer of combined license 107, Application for renewal 109, Continuation of combined license 110, Termination of license 131, Standard Design Approvals, Scope of subpart 133, Relationship to other subparts 135, Filing of applications 136, Contents of applications; general information 137, Contents of applications; technical information 139, Standards for review of applications 141, Referral to the Advisory Committee on Reactor Safeguards (ACRS) 143, Staff approval of design 145, Finality of standard design approvals; information requests 147, Duration of design approval 151, Manufacturing Licenses, Scope of subpart 153, Relationship to other subparts 155, Filing of applications 156, Contents of applications; general information 157, Contents of applications; technical information in final safety analysis report 158, Contents of application; additional technical information 159, Standards for review of application 161, Reserved 163, Administrative review of applications; hearings 165, Referral to the Advisory Committee on Reactor Safeguards (ACRS) 167, Issuance of manufacturing license 169, 171, Finality of manufacturing licenses; information requests 173, Duration of manufacturing license 175, Transfer of manufacturing license 177, Application for renewal 179, Criteria for renewal 181, Duration of renewal 301, Enforcement, Violations 303, Criminal penalties Appendices: 10 CFR 52 Appendix B, Appendix B to Part 52-Design Certification Rule for the System 80+ Design 10 CFR 52 Appendix C, Appendix C to Part 52-Design Certification Rule for the Ap600 Design 10 CFR 52 Appendix D, Appendix D to Part 52-Design Certification Rule for the Ap1000 Design 10 CFR 52 Appendix E, Appendix E to Part 52-Design Certification Rule for the Esbwr Design 10 CFR 52 Appendix F, Appendices F Through M to Part 52 Reserved 10 CFR 52 Appendix N, Appendix N to Part 52-Standardization of Nuclear Power Plant Designs: Combined Licenses to Construct and Operate Nuclear Power Reactors of Identical Design At Multiple Sites

10 CFR 52.103, Operation Under a Combined License

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Federal Register

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