10 CFR 72.40, Issuance of License

Issuance and Conditions of License Issuance of license

a

(a) Except as provided in paragraph (c) of this section, the Commission will issue a license under this part upon a determination that the application for a license meets the standards and requirements of the Act and the regulations of the Commission, and upon finding that:

(1) The applicant's proposed ISFSI or MRS design complies with subpart F;

(2) The proposed site complies with the criteria in subpart E;

(3) If on the site of a nuclear power plant or other licensed activity or facility, the proposed ISFSI would not pose an undue risk to the safe operation of such nuclear power plant or other licensed activity or facility;

(4) The applicant is qualified by reason of training and experience to conduct the operation covered by the regulations in this part;

(5) The applicant's proposed operating procedures to protect health and to minimize danger to life or property are adequate;

(6) Except for DOE, the applicant for an ISFSI or MRS is financially qualified to engage in the proposed activities in accordance with the regulations in this part;

(7) The applicant's quality assurance plan complies with subpart G;

(8) The applicant's physical protection provisions comply with subpart H. DOE has complied with the safeguards and physical security provisions identified in § 72.24(o);

(9) The applicant's personnel training program complies with subpart I;

(10) Except for DOE, the applicant's decommissioning plan and its financing pursuant to § 72.30 provide reasonable assurance that the decontamination and decommissioning of the ISFSI or MRS at the end of its useful life will provide adequate protection to the health and safety of the public;

(11) The applicant's emergency plan complies with § 72.32;

(12) The applicable provisions of part 170 of this chapter have been satisfied;

(13) There is reasonable assurance that: (i) The activities authorized by the license can be conducted without endangering the health and safety of the public and (ii) these activities will be conducted in compliance with the applicable regulations of this chapter; and

(14) The issuance of the license will not be inimical to the common defense and security.

b

(b) A license to store spent fuel and reactor-related GTCC waste in the proposed ISFSI or to store spent fuel, high-level radioactive waste, and reactor-related GTCC waste in the proposed MRS may be denied if construction on the proposed facility begins before a finding approving issuance of the proposed license with any appropriate conditions to protect environmental values. Grounds for denial may be the commencement of construction prior to a finding by the Director, Office of Nuclear Materials Safety and Safeguards or designee or a finding after a public hearing by the presiding officer, Atomic Safety and Licensing Board, or the Commission acting as a collegial body, as appropriate, that the action called for is the issuance of the proposed license with any appropriate conditions to protect environmental values. This finding is to be made on the basis of information filed and evaluations made pursuant to subpart A of part 51 of this chapter or in the case of an MRS on the basis of evaluations made pursuant to sections 141(c) and (d) or 148(a) and (c) of NWPA (96 Stat. 2242, 2243, 42 U.S.C. 10161(c), (d); 101 Stat. 1330-235, 1330-236, 42 U.S.C. 10168(a), (c)), as appropriate, and after weighing the environmental, economic, technical and other benefits against environmental costs and considering available alternatives.

c

(c) For facilities that have been covered under previous licensing actions including the issuance of a construction permit under part 50 of this chapter, a reevaluation of the site is not required except where new information is discovered which could alter the original site evaluation findings. In this case, the site evaluation factors involved will be reevaluated.

Federal Register

, as amended at 66 FR 51840, Oct. 11, 2001]

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NRC website 10 CFR 72.40

v t e Code of Federal Regulations
Title 10 Part 72 - LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR- RELATED GREATER THAN CLASS C WASTE
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, Purpose 2, Scope 3, Definitions 4, Communications 5, Interpretations 6, License required; types of licenses 7, Specific exemptions 8, Denial of licensing by Agreement States 9, Information collection requirements: OMB approval 10, Employee protection 11, Completeness and accuracy of information 12, Deliberate misconduct 13, Applicability 16, License Application, Form, and Contents, Filing of application for specific license 18, Elimination of repetition 20, Public inspection of application 22, Contents of application: General and financial information 24, Contents of application: Technical information 26, Contents of application: Technical specifications 28, Contents of application: Applicant's technical qualifications 30, Financial assurance and recordkeeping for decommissioning 32, Emergency Plan 34, Environmental report 40, Issuance and Conditions of License, Issuance of license 42, Duration of license; renewal 44, License conditions 46, Public hearings 48, Changes, tests, and experiments 50, Transfer of license 52, Creditor regulations 54, Expiration and termination of licenses and decommissioning of sites and separate buildings or outdoor areas 56, Application for amendment of license 58, Issuance of amendment 60, Modification, revocation, and suspension of license 62, Backfitting 70, Records, Reports, Inspections, and Enforcement, Safety analysis report updating 72, Material balance, inventory, and records requirements for stored materials 74, Reports of accidental criticality or loss of special nuclear material 75, Reporting requirements for specific events and conditions 76, Material status reports 78, Nuclear material transaction reports 79, §72.79 Facility information and verification. 80, Other records and reports 82, Inspections and tests 84, Violations 86, Criminal penalties 90, Siting Evaluation Factors, General considerations 92, Design basis external natural events 94, Design basis external man-induced events 96, Siting limitations 98, Identifying regions around an ISFSI or MRS site 100, Defining potential effects of the ISFSI or MRS on the region 102, Geological and seismological characteristics for applications before October 16, 2003 and applications for other than dry cask modes of storage 103, Geological and seismological characteristics for applications for dry cask modes of storage on or after October 16, 2003 104, Criteria for radioactive materials in effluents and direct radiation from an ISFSI or MRS 106, Controlled area of an ISFSI or MRS 108, Spent fuel or high-level radioactive waste transportation 120, General Design Criteria, General considerations 122, Overall requirements 124, Criteria for nuclear criticality safety 126, Criteria for radiological protection 128, Criteria for spent fuel, high-level radioactive waste, and other radioactive waste storage and handling 130, Criteria for decommissioning 140, Quality Assurance, Quality assurance requirements 142, Quality assurance organization 144, Quality assurance program 146, Design control 148, Procurement document control 150, Instructions, procedures, and drawings 152, Document control 154, Control of purchased material, equipment, and services 156, Identification and control of materials, parts, and components 158, Control of special processes 160, Licensee inspection 162, Test control 164, Control of measuring and test equipment 166, Handling, storage, and shipping control 168, Inspection, test, and operating status 170, Nonconforming materials, parts, or components 172, Corrective action 174, Quality assurance records 176, Audits 180, Physical Protection, Physical protection plan 182, Design for physical protection 184, Safeguards contingency plan 186, Change to physical security and safeguards contingency plans 190, Training and Certification of Personnel, Operator requirements 192, Operator training and certification program 194, Physical requirements 200, Provision of MRS Information to State Governments and Indian Tribes, Provision of MRS information 202, Participation in license reviews 204, Notice to States 206, Representation 210, General License for Storage of Spent Fuel at Power Reactor Sites, General license issued 212, Conditions of general license issued under § 72.210 214, List of approved spent fuel storage casks 216, 218, Termination of licenses 220, Violations 230, Approval of Spent Fuel Storage Casks, Procedures for spent fuel storage cask submittals further results Appendices:

10 CFR 72.40, Issuance of License

a

b

c

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