ML23156A590

PR-115 - 25FR12367 - Procedures for Review of Certain Nuclear Reactors Exempted from Licensing Requirements

ML23156A590
Person / Time
Issue date:	12/02/1960
From:	Mccool W NRC/SECY
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PR-115, 25FR12367
Download: ML23156A590 (1)

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ADAMS Template: SECY-067 12/02/1960 PR-11G-25FRt2367-PROCEDURES FOR REVIEW OF CERTAIN NUCLEAR REACTORS EXEMPTED FROM LICENSING REQUIREMENTS r'

PR-115 25FR12367 J

RULEMAKING COMMENTS Document Sensitivity: Non-sensitive - SUNSI Review Complete

U. S. A'fClflC BIIDGY CCll(IS..

PAI.TS 50 & 115 (Reprinted. in 26 Federal B.egiater, 9653, October 12, 1961)

ATOMIC ENERGY COMMISSION

[ 10 CFR Parts 50, 115 J LICENSING OF PRODUCTION AND UTILIZATION FACILITIES; PROCE-DURES FOR REVIEW OF CERTAIN NUCLEAR REACTORS EXEMPTED FROM LICENSING REQUIREMENTS Proposed Designation of Supervisory Operators The followmg proposed amendment to Part 60 would require that a facility Ileen.see deBlgnate individuals to be re-sporunble tor directing the llcensed activities of licensed operators.

The mdiv1duals so designated would be 11-censed as "supel'Vl.Bory operators" under Part 55, 10 CFR, "Operators' Licenses."

The proposed amendment would also re-qU1re t.ha.t an operator licensed under Part 56 be present at the controls e.t all times during the operation of the faclllty and that a supervtsory operator be pres-ent at the facility during the perform-ance of all non-routine opera.ti.ons, and be readily avalla.ble on call during routine operations.

The proposed amendment to Part 115 corresponds to the proposed amendment to Part 50.

Notice is hereby given that-the Com-miB.sion is considering the adoption of the following regulation. All interested persons who desire to submit written comments and suggestions for consid-eration in connection with the proposed rules should send them to the Secretary, Uruted States Atomic E¥lergy Commis-S1on, Washington 25, D.C., within sixty days after publication of thJs notice in the FEDERAL REGISTER.

Comments re-ceived after that period will be consid-ered U it is practicable to do so, but assurance of consideration cannot be given except as to comments filed within the period speclfied.

It is proposed to amend § 60.54(1) to read as follows:

(1) Except as provided in § 55.9 of this chapter, the ticensee shall not permit the manipulation of the controls of any facility by anyone who is not a licensed operator or supervisory operator as pro-Vlded in Part 55 of thJs chapter.

It 18 proposed to rede.signate § 50.54 (j) as § 60.54(m) and to add the follow-ing new paragraphs after § 50.54(1):

(j) A licensed operator or supervisory operator shall be present at the controls at all times during the operation of the f acillty.

(k) The licensee shall designate indi-vidual.a to be responsible for directing the licensed activities of licensed opera-tors. These individuals shall be licensed as supervisory operators as provided in Part 66 of this chapter.

m A licensed supervisory operator l!hall be present at the faclllty or readily available on call at all times during its operation. A llcensed supervisory opera-tor shall be present at the facility during the performance of all nonroutine oper-ations.

It is proposed to amend § 116.42(g) to read as follows:

(g) Except as provided in § 56.9 of thJs chapter, the holder of an authorization shall not permit the ma.nl.pulation of the controls of any facility by anyone who ls not a licensed operator or supervisory operator as provided in Part 55 of this chapter.

It is proposed to redesignate f 115.4:1 (h) a.s § 115.42(k) and to add the follow-ing new paragraphs after§ 115.42 (g):

(h) A licensed operator or supervisory operator shall be present at the controls at all times during the operation of the facility.

(1) The holder of an av.thorization shall designate individuals to be respon-sible for directing the licensed activities of licensed operators. These individua.18 l!hall be licensed as supervisory operators as provided' in Part 56 of this chapter.

(j),A Hcensed supemsoey oPerator 8hilJl be present at the faclJ,lty or readily available on call at all times during its operation.

A llcensed supervisory op-erator shall be present at the facility during the performance of all non-routine operations.

Dated at Germantown, Md., thJs 4th day of October 1961.

For the Atomic Energy Commission.

WOODFORD B. McCooL, Secretar11.

[P.R. Doo. 61-9743; Piled, Oct. 11, 1961; 8:4'6 e..m.J l!IPO U0:1!83

11< I I

I *l A'IDMIC ENERGY COMMISSION *

(Published in the Federal Register, 4321, PARI' ll5 M9.y 18, 1961)

Title 10-ATOMIC ENERGY Chapter I-Atom le Energy Commission PART 115--PROCEDURES FOR RE-VIEW OF CERTAIN NUCLEAR RE-ACTORS EXEMPTED FROM LICENS-ING REQUIREMENTS on December 2, 1960 (25 F.R. 12367),

tbe commission I.BJrued for pubhc com-ment a new proposed regulatmn 10 CFR, Part 116, to establish procedures for re-view of certain nuclear reactors exempt from llcenm.na reqwrementa.

A state-ment of corurlderationa expla.lnmg m general the proV18ions o1 the propooed Part 115 WBll pubb.ahed with the notice of prol)06ed rule makmir In the llght of public comments re-ceived and on further consideration, certain mod.I.fl.cations have been made for purpol!leS of olarifl.cation and 1n order to make this regulation corres-pond more cl.oBe).y to the provill:lons of 10 CPR Pa.rt 60, "Llcerunng of Produc-tion a.nd Utlhzation Facllltles", wbJ.ch governs licensed reactors.

Pursuant to the Admllll!ltra.tive Pro-cedure Act, notice is hereby given that the following regulation is published as a document subject to codi.flcation to be effective thirty (30) days after publi-cation thereof 1n the FEDJ;l!AL REGIS'l':n QlltMlCLU, PaoVJBIONS Seo 116 1 Purpol,e 116.2 Scope 116 3 Pefln1tion£.

116...

• Jnterpretat1oDll 116 6 Speoiflo <r<mnptlom DmcalPTION Olli' AUTHOIUUTIOK" 11r; 7 Con!Jtruotion and operating author-

!zatlona 116 8 Autbor!zatlon required.

Al'PLICATIONB :rot AtrnrOIO'.ZATIONS, l'OllK, CoN'TENI'II 116 20 Applle11.tlona for e.uthorLM,t1oDll 115 ~l E.llm1n&tlon of repetition.

115.22 Contents o! appllce.tlons, general m-formatlon 1111 28 eon tents of 11.ppllcation.s, techlllcal 1n!orma.t10n hazardll summary re-port.

116.!K E-xtended tune for providing tech-nJoa.l ln!orme. tion 116 26 Deollgne.tlon of tecilmoal spe,:111.ca.-

tlons.

116 26 Public inspection of e.ppl.lcations:

8TJ.NDJ.JU)11 J'01t OP'.DATING AH1l 0oNSTJtUC-TI01< AUTHOIUl!lATIONS 116 so Sta.nda.rds for authonze.tJ.Ollll 116 31 Sta.nde.rdll for corum-uction autbor-

!zation IM"uANCE, L1Jd:rrA.TtONl5, AMD CoNDITlON8 or AUTHOaIZATIONB llli 3/4-0 Illlrua.noe.

116 U Duration o! authortu.tton, renewe.l 116 42 Oond1tlona of e.uthor!ze.tlona 116 43 Cond1ti0Dll of conatruction author-izat!ODll 116 H Convendon of oonatruotion !luthor-1.l!ation or a.m.endme.nt of 11.uthor-lZ&tlon to operating 11.uthorlzation.

116 "'6 ProvWonal operating e.uthor:lu.tlon 115,1,6 Bear1np and reponi, of the AdVisot'y Comm.lttee on Reactor &ueguardll Sec. 116 l!O lDJpection.s.

110 ~l Me.tntene.noo of record.a, making o!

reports.

Awl!:NDJU:NT or A:rrr:a:oa:tz.A.TIONS AT RZ'.QU1:ST or :S:ol,DD 116 60 Applloatlon for e.mandment of au-thorization 116 61 Issuance of amendment.

RE'VOc.&.TION1 8us:PENBIOH, MoOD'IC.lTION, AM:1<1<DMINT or AtrnlOIUZATIONS 115.70 Revocation, lrWlpen.elon, modrllcat1on of e.utho:rl.zatlon.s for C&Wl<l 1 15 71 Reta.lrnlg poae1!8IOn of epecull nu-clear material.

APPLICAMLITY OF 0Tnn R>:OULATION8 116 BO AppllcabJ.l!ty of other regulatlorui.

l:NJ-oKCDRNT h5 90 Vlolatloru AUTEl01UTY

\\ I 116 l to 115 90 u,gued. under sec 161 (b), 68 stat. 948, -12 U 8 0 2201.

GENnAL PROVISIONS

§ 115.l P11rpo11e.

(a) The regulations in tbJ..s pa.rt are l.s-aued by the Atonuc Energy COlDDllSSion pursuant to the Atomic Energy Act of 1954 (68 stat. 919) to estabhsh publlc procedures for Comml8slon review of safety coWilderations mvolved in the con-struction and operation by CoID.ID.1SSlon contractors of certain Commlsslon-owned nuclear reactors; to provide op-portumty for participation by interested persolll! in such review of safety consid-erations; and to est.ablish reqwrements whlch must be observed by persons au-thorized to coru;truct or operate such re-actors In order to protect health and mmun:ize danger to llfe or property.

<b) The procedures and reqwrement.!5 estabhshed in thls part are designed to parallel those established m Parts 2, 50 and 56 of tbJ..s chapter !or production and utlllzatlon fac!lltles subJect to the 11-ceruilng requirements con tamed m Chap-ter 10 (42 U.B.C. 2131) of the Atomic Energy Act of 19M.

§ 115.2

&ope.

Thls part applies to any prime con-tractor of the Commlssion to the extent that such contractor proposes to con-struct or operate a nuclear reactor whlch (a) Is not subiect to the llcelU!ing re-quU"ements set forth m Chapter 10 of the Act and Pa.rt 50 of the regulations m thlB chapter; (b) Is not located at a Colll.lIUS8ion msta.llatlon; and lc) Is to be operated a.s part of the power.genera.t.lon fac!llttes of a.n elec-tric utility system.

§ I 15.3 Definition&.

As used lll thlS pa.rt:

(a) "Act" means the Atomic Energy Act of 1864, a.s am.ended (68 Stat. 919),.

mcludmg any amendments thereto (b) "Apphca.nt" means the pnme con-tractor for construction or the prune contractor for operation, as the case may be.

(c) "Atomic energy" means all forms of energy released in the cou.rge of l -

nuclear fission or nuclear transforma-tion (d) "Atomic weapon" means any de-vice utlllZlllg atormc energy, exclusive of the means for tra.nsportin&' or pro-pelllng the device <where such means 1s a separable and dlvunble part of the dev1ceJ, the principal purpose of which 1s tor lll!e as, or tor development of, a.

weapon, a weapon prototype, or a weap-on test device (el "Autbonzation" means an orde1*

issued pursuant to this pa.rt authoriz-mg construction or operation of ll. nu-clear reactor C!) "By-product material" means any radioactive matena.l

( except specUll nuclear material) yielded m or made radioactive by exposure to the !,'8.(llation mcident to the process of producing or ut1llzmi special nuclear matenal.

/gl Comrn.iss:lon"' me!l.ll.!! the Atorruc Energy ComllllS8lon or 1ts duly author-ized representatives.

Ch) "Nuclear reactor" means an ap-paratus, other than a.n atomic weapon, de.signed or used to sU8tam nuclear fls-s10n m a self-supporting cha.in reaction.

<1J "Person" means (1) any mdlvld-ual, corpora.tum, partnership, firm, as-sociat10n, trust, estate, public or pnvate lnst1tutlon, irroup, Government agency other than the Commlsmon, a.ny State or any political subdivision of, or any polltical entity within a state, any for-eign government or natl.on or any po-ht1cal subd1v1S1on of any such govern-ment or nation, or other entity; and (2) any legal successor, representative, agent, or agency of the foregoing.

(J l "Source material" means source ma.ten.a.I a.a defined m section llx of the Act and 1n the regulatlollll contained m Part 40 of this chapter.

tk) "Special nuclear material" means

11) plutomum, uramum 233, uramum enriched in the lrotope 233 or m the isotope 236, and any other material which the ComllllSSlon, PUN!Ua.nt to the proV1S1om of section fil of the Aot, de-termines to be special nuclear matenal, but does not include source nl.ateria.l; or i2) any material art1flc1a.lly enncbed by any o! the foregomg, but does not mclude source material.

m "United States" when Ul!led 111 a geographical sense, mcludes all Tern-tones and possessJ.ons of the United States, the Canal Zone, and Puerto Rico

§ 115.4 lnterpretatioru5.

Except as specifl.cally autbonzed by the Comn:ussion m wntmg, no mter-pretat1on of the mea.nlng of the reg -

ulations m trus pa.rt by any officer or employee of the Commisslon other than a written mterpretation by the Gen-eral CoUD.8el will be recogruzed to be bmdmg upon the Commisaion.

§ 1) 5.5 Specific exemptions.

The Co.mmlllslon may, upon apphca-tion by any mterested person, grant such exemptions from the requirements of the regulations In tbls part a.a it determines Wll1 not endanger llfe or property or the common defense a.nd l'leOUrlty a.nd are othenviae in the publlo interest.

DESCRIPTION OJ' AUTHOIUZATION.

§ 115. 7 Con8truction and opuatlna au-thorization,._

A construct10n authorization for the construction of a nuclear reactor will. be l.6<5ued prior to the 1881.llmce of an oper-ating authorization, if the application 1B otherwise acceptable. The construction authorization will be converted upon due completion of the reactor and Co=iss10n action mto an operating authorization, as provided in il 115.44.

If the appllcat10n mvolves the matenal alteJ. ation of a reactor for whlch an op-erating authonzat10n hM been !&sued, a construction authorization will be 188Ued pnor to the !ssuance of an amendment of an operating authorlzat10n, as pro-vided m § 115.61.

§ 115.8 Anthori:w.tion required.

(a) No person shall begin the con-struction of a nuclear reactor on a site on whlch the reactor IB to be operated until a coll8truction authorization has been 1.sBued.

(b) All 1lBed m paragraph (a) of th1B section, the term "construction" shall be deemed to Include pouring the founda-tion for, or the installation of, any por-tion of the permanent facility on the

&te; but does notmclude:

(1) Site exploration, site excavation, preparation of the S1te for construction of the reactor and conatruction of road-ways, rallroad spurs and tr=on lines; (2) Procurement or manufacture of components of the reactor; and (3) Construction of non-nuclear fa-cilities (such as turbo-generators and turbine bulldlngs) and temporary bulld-mgs (~ch as construction eQUll)ment storage sheds) for use in connection with the construction of the reactor.

.APPLICATIOlfS FOR AUTHORIZATIONS, FoRK, CONTI:?f'l'S

_§ 115.20 Applic11tions for autl10ru:11tions.

(a) Place of filmg. *Each appllcatlon for an authonzation, includmg whenever appropnate a construction authoriza-tion, or amendment thereof, should be filed with the Atomic Energy, Com=-

sion, Attention:

Divl8lon of LlceilSlilK and Regulation. Fillngs made by mall should be addressed to the CommL'!8ion at Washington 26, D.C. F'lllngs may be made in person at the Co=ission's offices at 1717 H Street NW., Washing-ton, DC., or its offices at Germantown, Md (b) Execution of applicatio11..!. Each appl!cat10n for an authonzation, lnclud-mg whenever appropnate a construction authonzation or amendment thereof, should be executed m three,ngned orlg-mals by the appllcant or duly authorized officer thereof under oath or ruflrmation.

(c) Number of copies of awlicatiom.

Each fllmg of any appllcation under this section should include, m addJ.tion to the three ingned ongme.].s, 19 copies of the appllcatlon, except that with respect to that portion of the applloatwn contain-ing the information required by f 116.:13

<Hazards summary Report) the flhng should include -W copies.

§ 115.21 Elim1nation of repetition.

In hl8 application, the applicant may incorporate by reference mformation contamed in previous applicatioru, state-ments or reports filed with the Co=-

s10n: Provided, That such references are clear and specific.

§ 115.22 Contenu of applications; gen*

eral information, Each appllcation shall state:

(a) Name of applicant; (b) Address of applicant; (c) Descnption of bUBliless or occu-pation of applicant;

<d) The use to which the nuclear re-actor will be put and the penod of time for whlch the authonzation 18 sought; (el The techrucal quallflcations of the appllcant to engage in the proposed actiV1ties;

(!) If the application contams Re-stncted Data or other defense mforma-tion, it shall be prepared in such manner that all Reatncted Data and other de-fense mformation are separated from the unclassified mformation.

§ 115.23 Contenu of applications; tech-nical inform a lion hasard,, 8UJ1llllllry report.

Each application shall state the fol-lowing techrucal information:

(a) A description of the chemical, physical, metallurgical, or nuclear proc-MB to be performed, and a statement of the kmd and quantity of any radioactive effluent expected to result from the proc-eM. The description of the process should be sufflclently detailed to permit evaluation of the radJ.oactlve hazards m-volved The magnitude of the proposed operation should be indicated m terms of the amount and radioactiV1ty of source, special nuclear, or byproduct matenal to be handled per urut of time, and thermal power to be generated tl

any, (b) A descnption of the nuclear reac-tor. The descnption should be based on the design criteria for the reactor as a whole and for those maJor component parts whlch are essential to the safe op-erat10n of the reactor, and should be presented m sufficient detail to allow an evaluation of the adequacy of the various means proposed to mmumze the prob-ability of danger from radJ.oactinty to persons both on and off-site. The de-script10n Mould also cover any activities, other than those subJect to Jicense or otherwise authonzed proposed to be car-ried on m the bulldJ.ng which will hoUlie the reactor and on the balance of the Slte.

(c) A deacriptlon of the site on which the reactor fac1llty 18 to be located. Thls should mclude a map of the area show-mg the location of the B1te and mdJ.cat-mg the use to 1.-hlch the surroundmg land la put, 1.e., mdustnal, co=ercml.,

agricultural, 1esidential; locat10n of souroet! of potable or industrial water supply, watershed areas and public utill-tie.!; and a scale plot plan of the site showmg the propoged location of the reactor (d) A description of proposed proce-dures for: routine and non-routine op-eratiom, start-up and shut-down, main-2 -

teJ. storage, trairung of employees, m1rnroizmg operational mishaps (suclt as locked controls, check-118ts, and close superviBfon), investigating unusual or unexpected incidents; and a description of such other detruls as may be useful m evaluating the existence and effective-ness of safeguards against the radioactive hazards 1n the operation of the reactor.

(e) A descnpt10n of plans or proposals in the event that acts or accidents occur whlch would create radioactive hazruds.

The description should relate the vanous operational procedures, the protective devices, and the pertment features of the B1te, to such happerungs as operat10nal mistakes, equipment or instrument !all-ure or malfunction, fire, electric power

!allure, floocl., earthquake, storm, strike, and riot.

(f) Meteorological, hydrological, geo-logical, and se1Bmological data necessary

!or evaluating the measures proposed for protecting the public agam.st J)OSSlble radloactive hazards.

(g) An evaluation of the proposed measures and deV1ces to prevent acts or

--accidents whlch would create radJ.oactive hazards or to protect agamst the conse-quences should such acts or accidents occur.

(h) A description of procedures for disposal of radJ.oactive solid waste and the final dll!posal of liqwd waste effluent.

(1) A descnption of means provided to sample atmosphere discharges through stacks where such stacks may emit by-product matenal or specml. nuclear matenal. --

§ 115.24 Extended time for pr°'iding technical information.

Where, because of the namre of a proposed proJect, an applicant la not m a pos1tion to supply mitlally all of the techrucal mformation otherwise reqwred to complete the application, he shall m-dicate the reason, the items or kmds of information omitted, and the approxi-mate times when such data will be pro-duced. If the COmm.lS610Il IS satlSfled that 1t has mformatlon sufficient to pro-

'Vide reasonable B.bSurance that a nuclear reactor of the general type proposed can be constructed and operated at the pro-posed location without undue nsk to the health and safety of the publlc and '.-

that the omitted infmmat10n will be,.,

supplled, it may process the applicat10n and 1.S11Ue a construction authonzatlon on a provisional baslS without the omitted mformation subJect to its later production and an evaluat10n by the Comnussion that the final design pro-Vldes reasonable assurance that the health and safety of the public will not be endangered.

§ 115.25 Di,,ign11tion of tedm1t*.1),pc<"i-fication,..

( e ) The COIIlIIllBSlOn will indicate, by notJ.ce to the applicant, which of the pro-VlSIOns of hlB hazards su=ary report or any supplement thereto will be deemed to be techrucal specifications that be-come part of the coll8truction or operat-ing authorization. In giving such no-tice, the Commisslon will afford the applicant reasonable opporturuty to amend or revise the technical lnforma-I

(

tion 81.lPPlled be!ore proceedl.ng f.r to l"rocess the application.

<bl The ComtnlSSlon may require the appllcant to des1illate those provisions of hl.8 hazards summary report or any supplement thereto, wlllch he proposes be mcoiporated as tecbrucal spectflca-tions m the colllltruct1on or operatillg authorization.

§ l 15.26 Public impe<:,lion of appliu-lion..

Apphcations and documents submitted to the COlll.Illl.S810n m connection Wlth apphcatlons may be made av8J.111ble for pubhc t.ru1pectlon 1n accordance with such proV1S1ons of the regulations con-tamed ill Part 2 of th.u! chapter as would apply if such apphcations were for li-censes under Part 50 of this chapter.

STANDARD FOR 01'!!:RA.Tm'O AND CON-STRUCTION AUTB:ORlZATIONS

§ 115.30 Standard,, for authorka,tions.

In determining that an a.uthonzation will be J.SBued to a.n apphca.nt, the Com-nuss1on will be guided by the followmg coD.Bideratlons:

(a) The processes to be performed, the operating procedures, the nuclear re-actor and equipment, the use of the re-actor, and other technical speclftcationa, or the proposals m regard to any of the foregomg collectively provide re!l.8Qnable assurance that the applicant will compiy with apphcable rea-u.Iations in thl.a chap-ter, molud!Dg the regulations m Part 20, and that the health and safety of the public will not be endangered.

<b) The applicant ls technically quali-fied to engage ill the proposed activities m accordance with the regulations 1n thl.a part.

(c) The 18Suance of an authorization to the appllcant will not, ill the opmlon of the Comml8Slon, be miln!cal to the health and safety of the publlc.

§ 115.31 Standarw, for construction au-thorization.

An a.ppbcant for an operating author-JZa.t1on or an amendment of an opera.tmg a.uthorimt1on who proposes to construct or matenally alter a nuclear reactor will be rmtially granted a construetlOn a.u-thonza.tlon If the application ts m con-formity with and acceptable under the proV1S10n.s of H 115.20 to 115.30.

I&sUANCE, LIMITATIONS, AND CONDITIONS O!' AUTRO!UZA TIONS

§ I 15.40 Iuuan""-

Upon determination that an a.pphca-tion for an operating authorization meets the standards and requirements of the Act and applicable regulations in th.!B chapter, the Commission will Issue an operating authorization, or tf ap-propriate a eonstruetlon authorization, m such form and contalnmg such eondltlons and _llnutatioru !ncludmg technical specifications, as 1t deems ap-propriate and necessary.

§ ll5.41 Dunuion of authorization, re-newal.

Each a.uthonzati.on will be 18.!IUed for a futed period of time to be specified m the a.uthonzatlon but In no case to ex-ceed the term speoifled in the applieable contract with the Commiaslon. Where construction of a reactor 1B mvolved, the co=on may spee!fy in the con-struct10n authonzation the period for which the opera.ting authorization wlll be :u;sued if approved p=ant to li 115.44 Authorizations may be re-newed by the Commission upon the expiration of the penod.

§ I I 5.42 Conditions of authorizations.

Whether stated therem or not, the !ol-lowillg shall be deemed cond.lt!OllB m every a.uthonmtlon l68Ued:

<a.) Title to all special nuclear ma.-

ten.al. utillzed or produced pursuant to the a.uthol"IZa.tlon shall at all tunes be lll the Umted States.

<bl No right to apecia.l nuclear ma.-

tenal shall be conferred by the authorization except as may be defined by the a.uthonzat1on.

(e) Neither the authonze.tion, nor any right thereunder, nor any right to utlllze or produce special nuclear matenal shall be transferred, assigned, or dJ.Bposed of m any manner, either voluntarily or in-voluntarily, d Ire ct l y or indirectly, through transfer of control of the au-thonzatmn to any person, unless the COlllIIUSSIOll shall, after securing full 1n!ormat1on, give its consent 1n wntmg.

(d) The authorization shall be 81.lbject to revoeation, suspension, modlftcat!on, or amendment for cause a,g provided 1n the Act and applicable regulat!ollB.

Ce) The holder of the authorization will at any tl.llle before expiration of the authorization, upon request of the Com-m=on submit wntten statements, signed under oath or affirmation, to en-able the Colll.lIU8S1on to determine whether or not the authorization should be modlfied, suspended or revoked.

(fl The authorization shall be subject to the proV1S1ons of the Act now or hereafter in effect and to all appllcable rules, regulatlons, and orders of the CO!IlilUHS!On. The termB and eondttlOill!

of the authorization shall be subject to amendment, reV1Blon, or modification, by reason of amendments of the Act or by reason of applleable rules, regulations, and orders !8sued m accordance with the terms of the Act.

(g) The holder of the authonzat1on shall not pernut the manlpulatmn of the controls of the reactor by anyone who 1s not a llcensed operator as provided m

~ 115.80.

(h) The holder of the authorization shall not, except as authonzeu pursu-ant to a construction authorization make any alteration m the reactor coDBtituting

a. ehange from the techrucal speelf!ca-t10ns previously mcorporated m an op-erating or construction authorization.

§ 115.43 Condition* ol conslrucllon au-thorizahon._

Each construction authorizatwn shall be subJect to the followmg terms and cond.Jt1ons:

(a) Exeept as modlfted by th1s section, the construction authorization shall be aubJect to the same conditions to which an operating authorization is subjeet.

(b) At or about the time of comple--

tum of the construction or mocH:t'lcation of the nuclear reactor, the e.pplloant will fil A additional mformation needed to~ the or.lgj.tJ.a] a.ppllce.ti.on for aut.horiza.t!on llJ;) to date.

§ 115.44 Conver!!lon or conotroetion an-thorisation or amendment of 11uthori.

zation lo operatllllf anthor:lzatlon, Upon completion of the construction or a.Iteration of a. nuclear reactor, m comphance w:lth the terms and condl-tions of the construction authorization and subject to any necessary testing of the rea.etor for health or sa.!ety purposes, the Comm.1881on Will, ill the abl!enoe of good cau.se shown to the eontrary, issue an operating a.uthonzat!on.

§ 115.45 Provisional operating-11uthorl-sation.

(a) As an Intermediate procedure prlor to lt;suanee of an operating author-lza.ti.on purauant to I 116.44, the Com-mi881on may ls8Ue a provisional operat-ing authorization in a proceedlng where

findings required for the issuance of a final operating authorization cannot be made because (1) colllltruction of the fa-cility has not been completed, or (2) there are involved features, chare.cteris-tica, or components of the proposed fa-ollJ.ty a.g to which It appears desirable to obtain actual or further operating ex-penenee before ls8uance of an operatmg aut.hormi.tton for the full term requested in the appllca.tion.

(b) In any case subject to paragraph (a) of thu! seet10n, a. proV1B1onal operat-ing authorizatlon will be !.ssued by the Collll'.lll88lon upon finding tl1at:

(1) Construction of the facility has proceeded, and there 18 reasonable assur-e.nee that the facility will be completed, in eontormity with the construction au-thonza.tion and the application a.s a.mended, the provls!ona of the Aet, and the rules and regulations of the Commis-S1On; and (2) There Is reasonable assurance (1) that the activities authorized by the pro-V1S1ona1 operating authonzatton can be conducted without endangering the health and safety of the public, and (11) that such aetlv!ties will be conducted in complumce with the regulations m tht:S ehapter; and (3) The appbeant is techrucally and financially Qualif!ed to engage m the ac-tivities authorized by the provislOnal op-erating authorization In accordance with the regulations in tllls chapter; and (4) There Ill reasonable assurance that the facility will be ready for rmtmI load-lrig" with nuclear fuel within runety (90) days from the date of ls8uance of such prov:unonal authorization.

(c) Each proV1Slonal operating au-thorization will molude appropnate pro-VlSlOllS Wlth respect to any uncompleted items of construction and sueh llnuta-tions or condlttons as a.re required to assure that operations during the period of the proVtSiona.l operating authoriza-tion will not end.anger public health and safety.

(d) The duration of each PrOVJSIOna.l operating a.uthori.l!atwn will be specified therein, not to exceed eighteen (18) months from the date of issuance; pro-vided, however, that, upon good cause shown, the expiration date of the prpvi-

s1onal operatmg authorization m.e extended.

(e) The presl.dini officer m&Y, upon good. cause being shown, provide that any intermediate declSlon and order is.sued pursuant to thlil section shall be-come effective nnmedlately upon l.88U*

ance subJect to OJ the review thereof and further dec1s1on by the ColllIDl88lon upon exceptions thereto filed by any party w1thm twenty (20) days after IS*

&uance o! mch mtermedlate deci&on, pursuant to the Co=on's rules of practrne, and (2J such further order as the Comnussion may enter upon such ex-ceptions or upon 1t..s own motion withm forty-five (46) days after the Issuance of such mtermed.Iate decislon: Provided, however, That, m the absence of any further CollUllIBS!on order pur5Ua!lt to the foregoing and exceptions to the mter-mediate declslon, the mtermedlate deci-S!0n of the presidmg officer shall become the final decunon of the Commlss1on at the end of such forty.five (45) day penod. In the event of obJection by any party to immediate e.trecti.veness of such intermedlll.te decl&!on and order, the preS1dmg officer may m his dlscretion stay such e!tectlveness pend.Ing filmg by such party withm ftve (6) days of exceptions to the provunon for immedi-ate effectiveness and thereafter until decllllon on suer.. exceptions by the Commission.

§ 115.46 Hearings and reporu of the Ad,iwry Committee on Reactor Sde-i:u.,rds.

(a) Each apphcation for an author-lZ8.tion to construct or operate a nuclear reactor subject to this part shall be re-ferred to the AdV1SOry Comnuttee on Reactor Safeguards for review and re-port thereon Such report shall be made part o! the record of the application and avauable to the public except to the ex-tent that security cla.ssl.ficat1on prevents disclosure (bl 'Ille Commillsion will hold a hear-Ing after 30 days' notice and pubhoa-tlon once lll the FlrnERAL REGISTER on ea.eh apphcat1on for authonzation to construct or operate a nuclear reactor subieet to thw part.

INSPECTION, RECORDS, R&PORTS

§ l I 5.50 Inspection&.

Each holder of an authorization shall permlt ULSpection, by duly authonzed representatives of the Comtn.L!!alon, of lus records, pre!lll8e8, activities, and of matenals m possession or use, related to the construction or operating authoriza-tion M may be necessary to effectuate the purposes of this part and other ap-plicable regulations or orders of the COmlnlSS!On.

§ 1] 5.51 Maintenance of rttord., mak, Ing of report-..

Each holder of an authorization shall maintain such records and make such reports, ID connection Wlth the author-ized act!Vlty, as may be reqUired by the cond1t1one of the author13atloll or by the rule.!!, regulations, and orden of the CoillllllS8ion in efrectuatmg the ptll1)08e!I of the Act.

AlllENDIIIENT or AUT!IOIUZATIONS AT REQUEST or HOLDER

§ 115.60 Application for amendment of authorization, Whenever a holder of an authorization de!!lres to amend the authorization. ap-pllcat1on for an amendment shall be filed Wlth the Comrruss1on, fully describ-ing the changes deSll'ed, and followmg a.s far as applicable the form prescrlbed-Jor ongmal applications.

§ 115.61 lf<!l11ance of amendment.

In deternunmg whether an amend-ment to an author!3ation will be 1.8Sued to the applicant, the Cornm1SS1on will be gwded by the corunderations which govern the lSSUB.llce of authorizations, to the extent applicable and appropnate If the application involves the material alteration of a nuclear reactor, a con-structwn authorization Wl1l be lll8ued prior to the issuance of the amendment to the authonzatlon.

REVOCATION, SUSPENSION, MODil'ICATION, AlRNDJo:NT or A m::e:ol!IZA.TIONS

§ 115.70 Revocation, &USJ)"llSion, modi*

fication of authorisation~ for cawie.

An authorization may be revoked, sus-pended, or modified, in whole or ln part, for any matenal false statement m the apphcatlon for author12at1on or ID the supplemental or other statement of fact reqmred of the apphcant; or because of conditions revealed by the apphcation for authorization or l!tatement of fact or any report, record, lilS'J'.)ectlon, or other means, which would warrant the Com-ID.ISSion to refuse to grant an authonza-t1on on an orlglnal application; or for failure to construct or operate a nuclear reactor m accordance with the terms of the authonzatlon; or for v10lat1on of, or !allure to observe, any of the apph-cable terms and proV1S1ons of the Act, regulations, authorization or order of the Commission.

§ 115.71 Retakinri pOfles,,ion of epeci.. 1 nucle.ir male'l'i.. I.

Upon revocation of an authorJZation, the COillilllSSlon may unmedlll.tely retake possession of all speclll.l nuclear mate-mu possessed by the holder of the authorization.

APPLICABlLITY or OTB:l:R Rli:GULA.TIONS

§ l 15.80 Applicability oC other regul.i-tion~.

(a1 The prov!Sions of Subparts A, B, G, and Hof Part 2 of this chapter shall apply to authorizat1ona and applications for authorizations, and to proceedmga with respect thereto, to the same extent as l1 such applications were appllcatlons for llcenses or construction perm1ts under Part 60 of this chapter; and to the same extent as lf such author1zat1ons were hcenses or construction periruts under Part 50 (bJ Each holder of an authorization shall comply Wlth the proV1S1ons of Part 20 of thls chapter to the same extent as lf such authorization were a hcen.se or construction pernut 1SSU.ed under Part 50 of th1B chapter.

(c) No 1ndiv1dual shall ma.nipulate the controls of any fac1hty authorIZed pur-su. tlus part without a vahd opera-tor's license 1SSUed pursuant to Part ~

of this chapter.

ENroacnn:in

§ 115.90 Violations.

An inJunction or other court order may be obtamed proh!b1tmg any violation of any proVlBion of the Act or any regula~

t10n or order l.l!SUed. thereunder.

AnY person who wilfully Violates any provi-81.on of the Act or any regulation or order lSSUed thereunder may be gutlty of a cnme and, upon conviction, may be pl.lllLShed by fine or rmpnsonment or both, as provided by law.

Dated at Germantown, Md, this 11th day of May 1961.

For the Atomic Energy Commission.

WOODFORD B. McCOOL, Secretary.

[PR. Doo 61-4M.2; l"lle;i, M'.a.y 17, 1001; 8*4'5am]

GPO 912117

l,*

ATOMIC.. ~;*COMMISSION

• PAR!.' 115 (Published. in the Federal Register, 4321, Ma.y,18, 1961)

Title 10-ATOMIC ENERGY Chapter I-Atomic Energy Commission PART 115-PROCEDURES FOR RE-VIEW OF CERTAIN NUCLEAR RE-ACTORS EXEMPTED FROM LICENS-ING REQUIREMENTS on December :z, 1960 (25 P.R 12367),

the coIIllIU88ion l.SIIUed for public com-ment a new proposed regulation 10 CFR, Part 115, to establlsh procedures for re-view of certaln nuclear reactors exempt from llcerunng requiremente.

A state-ment of corurlderation.s explal.nlng 1n general the provlslon.s of the proposed Part 115 wa.s published with the notice of proposed rule makmg.

In the hght of pubhc comments re-ce1ved and on further con.slderatJ.on.

certain modl.flca.twns have been made for purposea of clanfication and in order to make this reguJ.atl.on corres-pond more closely to the provisions of 10 CPR Pa.rt 50, "L!cerunng of Produc-tion and UtlllzatJ.on Fac1hties", which governs licensed reactors.

Pursuant to the Ad.m.llustrative Pro-cedure Act, notice is hereby given that the followmg regulation Is pubb.shed 11.11 a document subject to codification to be effective thirty (30) days after publi-catlon thereof in the F'l!DERAL REGISTER.

(lJ:N1'ltAL PRoVlSIONS Sec 1161 PurJ><:-

116!1 Scope 116 3 Deftnl tiOIUl 116,.ft

• Interpretat1OIU1.

116.6 Bpeoltlc enmpt1OIU1 Dmcail'TIOlf or AUTHOIUZATIONS 1115 7 oona1ructlon and operating author-tzatloIUl 115 B Authortza.tton reqw.red APPLICATIONII :rot AUTHOllIZA'X'IONS, Fo!IX, Oolf'1'1:NT1!1 1111 :W Appllcatlon.t1 for authorIB11.t1ona.

1115 21 Ellm1nation of repetition.

115.2ll eontents of e.ppll.catioM, general in-formation.

116 23 Contents of &ppllcattona, teelml.cal in.1:omlll.tlon ha.zarda summa.ry re-port.

1111 :M Extended time for provldmg tech-nical in.1:onna ti.on 115 llll Deflgn.e.tlon of teclµl1cal IIJ>OO!flca-tlona.

1111 :26 Public lllllpootlon of appllcatlons*

BTA.NDAJUlt!I J'Oll OPm!ATINO AND 0oNEITltUC-TION AuntotIZ.l'X'IONS 1111 30 Standards for authorlzat10llJ!.

1111 31 Standards !or conatructton author-ization.

lssuANCJ:, LlloT1;'X'10NS, AND CONDITIONS 01' AUTHORIZATIONS 116 4.0 IBlrua.nce 1111.ft!

Duratwn of autllol'lZ8.tion, renewal 11114,!I Oonditlona of &Uthorize.t!OllJ!.

116 "3 Conditlona oI conatructlon author-iZa.tlOD.11 1H5 ~ conve:r!lion of conatruotlon author-ls:e.tlon or amendment of author-imtSon to operating authortzatton.

llli..ftl!

Provutonal open.ting authorization.

116.ft6 Hearings and reports of the Adv!wry Oanmitteo on Reactor Ba1egua,rds l:KSPJ:C'!lON, Rl!CO'Jll)S, lUPORTB Bee.

1111 l!-0 Inapootion.e 111161 Maintenance of rMOr<lS, making of report,,.

.i\\.xnrnl!aN'l' OJ' AUTBOIUUTION!I AT R.t!.Q=

01' HOLl>ll 116 60 Application for amendment of au-thonmt.lon 1111 61 Iuuanoe of amendment RE'vOC.TION, 8~KION1 M'ODIFICATlON, A.KJ:l<DJIUNT or AUTHOIIIZATIO>IS 1111.70 Revocation. auaperu,lon, modit!cat1on of authorlzatlona for cause 115 71 Retakl.ng p08MllalOn of apooi.al nu-Cl811I' m&terlaL Af'PLICAl!n:.rt'Y OP OT.!Ill REGULATIONS 1115 80 Appllcabillty of other regulatlona KNroll.ClltENT

!15 90 Violatlona AtrrHOIUTY

• H 1111 1 to 115.90 ll!&ued under aec 161(b), 68 BtM 9t8, ~ UBO ~01 GENERAL Pl!OVlBIONS 11 115.1 Purp0t1e.

(a) The regulations m thlB part are IB-sued by the Atomic Energy COminlBSlOll pursuant to the Atomic Energy Act o!

1964 (68 stat. 919) to eatabhsh public procedures !or Cotnml&Slon review of safety cons1deratlon.s mvolved m the con-structlon and operation by CoillilllSS1on contractors of certa.m Coill.llllBll1on-owned nuclear reactors; to provide op-porturuty tor partirupation by interested persoru; m such review of safety consid-erations, and to estabhsh reqmrements which must be observed by persom au-thonzed to construct or operate such re-actors in order to protect health and m.mimlze danger to life or property.

(bl The procedures and reqturements establlshed in thls part are designed to para.llel those estabhshed m Pe.rt.!! 2, 60 and 56 of thlB chapter !or production and utilization facilities subJect to the h-ceruung requirements contamed m Chap-ter 10 (42 U.S C. 2131) of the Atomic Energy Act of lll54.

§ 115.2 Scope.

This part applies to any pnme con-tractor o! the commis.sion to the extent that 6Uch contractor propo.ses to con-struct or operate a nuclear reactor which.

(a) Is not subJect to the licell.l!ing re-quirements set forth m Chapter 10 of the Act and Part 50 of the regulations m this chapter; (b) Is not located at a ColllilllSSlon lllStallatlon; and

/c) Is to be operated as part of the power.generation facilities of an elec-tric utility system.

§ 115.3 Definition..

A& used m this part :

(a) "Act" means the Ato!lllc Energy Act of 195~. aa am.ended (68 St.at 919),

including any amendments thereto.

(b) "Applicant" means the prime con-tractor for conatructlon or the P,:ll'.lle contractor for operation, as the case may be.

(c) "Atomic energy" mean.!! all forms of energy released in the coune o.f

- l -

nuclear fl681on or nuclear trans!orma-tion (dl "Atomic weapon" means any de-vice utJ.l.lzlng atomic energy, exclusive o! the mea.na for traruiportmg or pro-pellmg the device /where such means is a separable and d1v:urlble pa.rt of the device>, the principal purpose of which 1s for use a.a, or for development of, a weapon, a weapon prototype, or a weap-on test device.

<ei "Authorizati.on" means an order I.SSued pursuant to th.ts pa.rt authonz-mg construction or operation of a nu-clear reactor.

(!) By-product material" means any radioactive material (except special nuclear matenal) yielded In or made radioactive by exposure to the rad!at10n mc1dent to the process of producmg or ut1l!zmg special nuclear material

<g> "Comm!&s:lon" means the Atomic Energy CommIB8ion or its duly author-ized representatlvee.

<hJ "Nuclear reactor" means an ap-pa.ratllll, other than a.n atom1c weapon, deaigned or used to sustain nuclear fl.s-81On m a self-rupporting chain reaction.

o) "Person" mea.Illl (1) any mdlv1d-ual, corporation, pa.rtnershlp, firm, M-sociation, trust, estate, public or pnvate irurtJ.tution, group, Government agency other than the Commission, any State or any pobteal sulxllV18lon of, or any polltlcal entity withm a State, any for-eign government or natl.on or any po-litical subdivision of any such govern-ment or nation, or other entlty; and (2) any legal successor, representative, agent, or agency of the foregoing.

(Jl "Bouree material" means source ma.tenal as defined in section l lx of the Act and in the regulatioll.l! contained ill Pe.rt 40 of thlB chapter.

<kl "Special nuclear matenal" means (1) plutoruum, ura.nlum 233, uranium enriched m the IBOtoPe 233 or 1n the isotope 235, and any other material which the CommlSSlon, pursuant to the prov:isions of section 61 of the Act, de-termmes to be gpeclal nuclear matenal, but does not include source niater1al; or <2) any matenal artificially enriched by any of the foregoing, but does not mclude source matenal m Uruted States" when used m a geographical sense, includes all Tem-torlea and PQsses8lons of the United States, the Canal Zone, and Puerto Rico.

§ 115.4 Interpretations.

Except a.s speclfically authonzed by the CommIB8ion in writing, no Inter-pretation of the meaning of the reg-ulations m tlm part by any officer or employee of the Colll.Dll&'llOn other than a wntten mterpretation by the Gen-eral Counsel will be recogn1zed to be bmdmg upon the Coill.llll&ion.

§ 115.5 Specific exemption&.

The Commiasion may, upon applica-tion by any illterested person, grant 11uch ei.:emptlona from the reqw.rements of the regulatlona in this pa.rt as it determme.s Will not endanger life or property or the common defense and security and are ot.berwise ill the public intererl.

I' D~ON ~!' AUTHOJIIZATION. § 115.21 k

Elimination of repetition.

§ 115. 7 Co=truction and o~ratlng au-thorwition.s.

A construct10n authorizat10n for the construct10n of a nuclear reactor will. be issued pnor to the iBlrua.nce of an oper-atmg authorizat10n. 1! the appl.J.cation 1B otherwLSe acceptable. The construction authorization will be converted upon due completion of the reactor and Commias10n act10n rnto an operatin~

authonzatlon. as provided rn

~ 115 44 If the application rnvolves the material alterat10n of a reactor for whlch an op-erating authorizat10n has been issued, a construction authonzat10n will. be issued pnor to the issuance of an amendment of an operating authorization, as pro-vided m § 116 61.

§ 115.8 Anthoriz.ition required.

(a) No person sha.11 begrn the con-struction of a nuclear reactor on a Slte on which the reactor ls to be operated until a construct10n authonzat10n bas been lSSUed.

(b) As used m paragraph (a) of this section. the term "construction" shall be deemed to include pouring the founda-tion for, or the lnstallation of, any por-t10n of the permanent facility on the mte; but does not rnclude:

(1) Site exploration, site excavation, preparation of the site for construction of the reactor and construction of road-ways, railroad spurs and transmlsslon l.J.nes; (2) Procurement or manufacture of components of the reactor; and (3) Construction of non-nuclear fa-cll.J.ties (such as turbo-generators and turbme buildings) and temporary bwld-1.ngs

( '"l.lcb as construction equipment storage sheds) for we rn connect10n with the construction of the reactor.

APPLICATIONS !'OR AUTHOHlZATIONS, F'oRM, CONT=

_§ 115.20 Applicatl0118 for authoriutlons.

(a) Place of filmg. Each appl.J.catlon for an authorization, includln{! whenever appropnate a construction authoriza-tion, or amendment thereof, should be filed W1th the Atomic Energy, Commls-SlOn, Attention:

Division of LJ.cen.slng and Regulation. Fillngs made by mwl should be addressed to the Commission at Washington 26, D C. Filings may be made m person at the COillilll8Sion's offices at 1717 H Street NW, Washing-ton, DC., or its offices at Germantown, Md (b) Execution of applications. Each appllcation for an authonzation, mclud-lng whenever appropnate a construction authorization or amendment thereof, should be executed in three signed orig-inals by the appllcant or duly authorized officer thereof under oath or e.fflrmation.

\\C) Number of copies of application.,.

Each fl1ll1g of any applloation under thls section should include, m addition to the three signed onglnals, 19 copies of the appllcation, except that with respect to that portion of the applic;:a.ti.on contain-111& the information required by § lUl.23

< Hazards StnnmarY Report l the fll.J.ng should mclude,iQ oopies.

In his application, the applicant may incorporate by reference information oontamed m previous applications, state-ments or reports flled with the Colllllll6-1110n: Provided, That such references are clear and specitl.c.

§ 115.22 Contents of application,; gen-eral information.

Each appllcatlon shall state:

(a) Name of appllcant; (bl Address of applicant; (c) Description of business or occu-pation of applicant; (d) The use to which the nuclear re-actor will be put and the penod of time for whlch the authoriULtlon ls sought; (e) The technical quall.flcatlons of the appllcant to engage in the proposed activities; (f) If the appllcation contains Re-stncted Data. or other defense rnforma-tion, it sha.11 be prepared rn such mariner that all Restricted Data and other de-fense mformatlon are separated from the unclasslfled rnformat!on.

§ 115.23 Contenu of applications1 tech-nical information hazards SUD1mary report.

Each appllcation sha.11 state the fol-lowrng techrucal information:

(a) A description of the chemical, physical, metallurgical, or nuclear proc-et58 to be performed, and a statement of the krnd and quantity of any radioactive effluent expected to result from the proc-ess. The descnption of the process should be sufficiently detailed to perm1t evaluation of the radioactive hazardB in-volved. The magrutude of the proposed operation should be rndlcated in terms of the amount and radioactivity of source, special nuclear, or byproduct material to be handled per unit of time, and thermal power to be generated 1!

any.

(bl A description of the nuclear reac-tor. The description should be based on the design criteria for the reactor a.s a whole and for those maJor component parts whlch are essential to the safe op-eration of the reactor, and should be presented in sufflctent detail to allow an evaluation of the adequacy of the vanous means proposed tn mlrnrol7-e the prob-ability of danger from radioact1v1ty to persons both on and ofl'-site. The de-scrlpt10n should also cover any activities, other than those subJect to.llcense or otherwise authorized proposed to be car-ried on rn the bwldmg whl.ch will house the reactor and on the balance of the site.

(c) A descrlpt10n of the site on which the reactor facility ls to be located. Tbis should rnclude a map of the area show-mg the location of the Slte and mdtcat-lng the use to ~hich the surroundmg land ls put, 1 e., industrial, commercial, agncultural, residential; location of sources of potable or industnal water supply, waterl!hed arelLI! and publ.J.c utili-ties; and a !!Cale plot plan of the site sbo~ the propoaed location of the reactor.

(d) A description of prop()l!ed proce-dur011 for: routine and non-routine op-erations, start-up and shut-down, main-2 -

te..

torage, trlLlillllg o; employe~,

mlmmlzlng operational mishaps (such

• ILi! locked conti*ola, cbeck-llsts, and close supervisfon), mvestigatmg unusual or unexpected incidents; and a descnpt10n of such other detwls as may be useful rn evaluating the existence and efl'ect1ve-ness of safeguards against the radioactive hazards m the operation of the reaotor.

<e) A description of plans or proposals in the event that acts or accidents occur which would create radioactive hazards.

The description should relate the various operational procedures, the protective devices, and the pertinent features of the site, to such happerungs as operat10nal mistakes, eqwpment or rnstrument !all-ure or malfunction, fire, electric power fw.lure, flood, earthquake, storm, strike, and riot.

(!) Meteorological, hydrological, geo-logical, and seismological data. necessary

!or evaluating the measures proposed for protecting the publlc against po68lble radioactive hazards.

(g) An evaluation of the proposed measures and devices to prevent acts or

=!dents which would create radioactive hazards or to protect ag11IDSt the conse-quences should such acts or accidents occur (h) A description of procedures for di8posal of radioactive solld waste and the final d1sposal of llqwd waste effluent.

(l) A descnption of means provided to sample atmosphere dtscharges through stacks where such !!tacks may emit by-product material or special nuclear matenal.

§ 115.24 Extended time for prO\\ldlnti technical information.

Where, because of the nature o! a proposed project, an appl.J.cant ls not m a poS1tion to supply initially all of the techrucal information otherwtse required to complete the appllcat10n, he shall In-dicate the reason, the items or k:J.nds of information omitted, and the approxi-mate times when such data will be pro-duced If the ColllIIll88ion IS satisfied that 1t hlLI! rnformation sufficient to pro-

'Vlde reasonable abSurance that a nuclear reactor of the general type proposed can -'

be constructed and operated at the JllO* 1 posed location without undue risk to the health and safety of the publ.J.c and that the omitted rnformatlon will be supplled, it may process the 11ppllcat10n and 18S1le a construction authonzation on a provlSlonal basIS Wlthout the olllltted rnformation subJect to its later product10n and an evaluation by the Commission that the final design p1 o-vldes reasonable assurance that the health and safety of the publ.J.c will not be endangered

§ 115.25 De,,ignntion of tedmi<.u,pcd-fication,-.

(e) The Commission will md1cate. by notice to the appl.J.cant. which of the pro-VISlons o! hlB hazards summary report or any supplement thereto will be deemed to be technical speclflc11t10ns that be-come part of the construction or operat-1.ni" authonmtion. In glvmg 11ucb no-tice, the Comm1!!slon Wlll afford the applicant reasonable opportunity to amend or revl!!e the technical tn!orma-

bon 1

supphed I

be!ore proceeding.r

.to process the application.

!bl The commussion may require the appllea.nt to deS1gnate those provisions of his hazards summary report or any supplement thereto, wlllch he proposes be mcorpoiated as techrucal speclflca-tion.s m the construction or operating authonzatlon.

§ 115.26 Public lmpe,-tion of appliea-lione.

Appllcat1ons and documents submitted to the Comin1BS1on IIl connection with appllcati.on.a may be made available for public inspection m accordance with such provisions of the regulations con-tained ID Part 2 of thl.S chapter a.a would apply l! such applications were for li-censes under Part 50 o! this chapter.

STANDARD FOR OPERATING AND COI~-

BTRUCTION AUTE:O!UZATIONB

§ Jl 5.30 Standard!! for authorizations.

In determinin.g that an authonza.bon will be ISSUed to an apphcant, the Com-mission will be guided by the following collSlderations:

(al The processes to be per!ormed, the operating procedures, the nuclear re-actor and eqmpment, the use of the re-actor, and other techrucal apeciflcatlons, or the propOS!l.ls 1n regard to any of the foregorng collectively provide reaaonable a.ssuran.ce that the applloant will comply wlth applicable regulations In this chap-ter, mcludmg the regulations m Part 20, and that the health and safety of the publm will not be endangered.

(b) The applicant ill techwca.lly quali-fied to engage m the proposed activities in accordance with the regulations In this part.

(cl The 1.SBUance of an authonzation to the appllcant will not, ln the opnnon of the Commias!on, be llllmlcal to the health and safety of the publlc.

§ 115.Sl Standards for wrn11rnctlon au-thoruatioo.

An appllcant for an operating author-

=tion or a.n amendment of an operatmg authorization who proposes to construct or mater!ally alter a nuclear reactor will be IIlltia.llY granted a constructmn au-thor!za.tion if the appllc:ation l.S ID con-fornuty with and acceptable under the proVISlon.s of H 115.20 to 116 30.

IsSUANCl!l, LIMITATIONS, AND CONDITIONS 01" AUTHORIZATIONS

§ 115.40 luunnce.

Upon determination that an appllca-t1on for an operating authorization meets the standards and requirements of the Act and appllc:able regulations m this chapter, the Comml.Smon will 1.SSUe an operatmg authorization, or if ap-propriate a construction authorization, m such form and contaimng such condltions and llm1tat!ons mcludmg techmcal speclfl.cations, as 1t deems ap-propnate and necessary.

§ 115.41 Duration of anthoriz:ation, re-newal.

Each authonzatmn will be 1.SSUed for a fixed penod of tune to be speclfled In the authorization but In no case to ex-ceed the term speclfied ln the applicable contract with the Com.mi.salon. Where oonstruction of a reactor is involved, the Com.ID.l88lon may speolfy 1n the con*

struction authonza.tlon the period for which the operatmg authorization will be lSSUed If approved pursuant to Ii 115.44 Authorizations may be re-newed by the Comm1SS1on Ul)On the expiration of the penod.

§ 115.42 CondltiOlll! of authorhation...

Whether stated therem or not, the fol-lowmg shall be deemed conditions ID every authonzat1on lSSUed:

(a) Title to all spec18.l nuclear ma-tenal utilized. or produced purl!Ull.llt to the a.uthonza.tion shall at all tunes be m the Uruted States.

(bl No right to special nuclear ma-terial shall be conferred by the authorization except as may be defined by the a.uthonzat10n.

(cl Neither the authonzation, nor any right thereunder, nor any right to utilize or produce spemal nuclear material shall be trar!Sferred, assigned. or disposed of In any manner, either voluntar!ly or in-voluntarily. d 1 rec t l y or mdlrectly, through tra.nster of control of the au-thorization to any person, unless the CoillllllUlon shall, after securi.ng full Information, give lt.s coruient in writing.

(d) The authorization shall be subject to revocation, suspellSlon, modiflcation, or amendment for cause as provided In the Act and applicable regulations.

(e) The holder of the authorization will a.t any tune before ex:p:iration of the a.uthonzatlon, upon request of the Com-n:ussion submlt written statements, signed under oath or affirmation, to en-able the ColllllllllSlon to detennme whether or not the authonzation should be modlfl.ed, suspended or revoked.

m The authorization shall be subject to the provisions of the Act now or hereafter m e!!ect and to all applicable rules, regulab.orui, and orders of the Coll1m!S.Slon. The terms and cond!t1ons of the authonzat10n shall be 1mbJect to amendment. rev1111on, or mod!ftcation, by reason of amendment.s of the Act or by reason of applicable rules, regulations, and orders lllsued m accordance, with the terms o! the Act.

<g) The holder of the authorizat10n shall not pemut the mampulation of the controls of the reactor by anyone who is not a llcensed operator a.s provided m s 115.80

<h) The holder o! the authorization shall not, except as authorized pursu-ant to a construct10n authonzatlon make any alteration m the reactor constituting a change from the technical specifica-tions previously mcorporated m an op-erating or construction authonza.t10n.

§ 115.43 Conditions of conolruction au-thorlllationb.

Each construction authonzation shall be subiect to the following terms and conditions:

(a) Except a.a modlfied by th1.S section, the con.struction authonzation shall be subject to the same conditions to which an operating authoriZation 18 subject.

(b) At or about the time of comple-tion of the construction or mod.i:ficatlon of the nuclear reactor, the applicant will... add1t!ona.1 inf;rmation needed

~

the orig!:nal application for authonzatl.on up to date.

§ Jl5.44 Conversion of construction au-thorb:atloo or 11JDendment of authori-zation to ope:ratiq authorization.

Upon completion of the construction or alteration of a nuclear reactor, m complumce with the terms and cond1-tlona of the construction authorization and subject to any necessary testing of the reactor for health or 88.f ety purposes, the Comm1Bslon will, m the absence of good cause shown to the contrary, ISSUe an operating authorization.

§ 115.45 Pro-risionlll operating authori-

utlon.

Ca) As an intermediate procedure prior to l.s:suance of an operating author-ization pursuant to § 115.44, the Com-In.l&!lon may l.s:sue a prov!mona.l operat-ing authorization in a proceeding where findings required for the !Bsuance of a.

final operating authorlza.tion cannot be made because (1) construction of the fa-cility has not been completed, or (2) there are Involved features, chara.cterill-tics, or components of the proposed fa-elllty as to which It appea.rs demrable to obtain actual or further operatrng ex-perience before 1SSuance of an operating authorization for the full term requested in the appllcation.

(bl In any case.subject*to paragraph (a) of th:!s seot10n, a proV1Sional operat-ing authorization will be issued by the comm18s1on upon find.mg that:

(1) Cowtruction of the faeillty has proceeded, and there ls reasonable assur-ance that the !aelllty will be completed.

m conformity with the construction au-thorization and the appllcation as amended, the proVlSiona of the Act, and the rules and regulations of the Commls-sion; and (2) There l.S reasonable assurance (1) that the activities authorized by the pro-vi.s10nal operating authonzat10n can be conducted without endangering the health and 118.fety of the publlc, and <ul that such activities will be conducted in comphance with the regula.tion.s m thl.S chapter; and (3) The applicant 1s technically and financially qua.llfled to engage In the ac-tivities authorized by the provls!onal op-erating authorization m accordance with the regula,tions m this chapter; and (4) There ls reasonable 81!8Ul'ance that the facility will be ready for ID1t1al load-mg wtth nuclear fuel within runety (90) days from the date of issuance of such proVJ.Sional authorization.

<cl Each proVl.Slonal operating au-thorization will mclude appropnate pro-V!SlOns with respect to any uncompleted items of construction and such lu:nlta-t1ons or conditions as are reqUIIed to assure that operat10ns during the penod of the proV1S1onal operating authoriza-tion Wlll not endanger publ.Ul health and safety.

(d) The duration of each PtOVlSIOna.l operating autbonzation will be speclfied therein, not to exceed eighteen (18) month.B from the date of 1SSuance; pro-Vided, however, that, upon good cause mown, the e.icpiration date of the Pl'9vi-

sionaJ operating authortzat1on extended.

(e) The pres!dm.g officer may, upon good cause being shown, proVJde that any intermediate decunon and order issued pursuant to tlus section shall be-come ell'ective unmed.Jately upon l.B.!JU-ance subJect to (1) the review thereof and further decision by the Colll.lll186lon upon exceptions thereto filed by any party withln twenty (20) days after 18-sua.nce of such mtermedrate decl81on, pursuant to the CommlSSion's rules of practice, and <2> such further order as the Comm1SS1on may enter upon such ex-ceptions or uwn its own motion withm forty-five (46) days after the 18S1.Ul.llce of such mtermedlate deeIBJon. Promd.t!d, however, That, m the absence of any lurther Comm1ss10n order pursuant to the foregomg and exceptions to the mter-medlate decision, the mtermed.Jate deci-sion of the pres1dm.g officer shall be<:ome the tlna.I decision of the Co.mmlsslon at the end of such forty-five (46) day period. In the event of objeetlon by any party to rmmedJ.ate effectiveness of such mtermedlate dec1S1on and order, the pre.sidm.g officer may m hill dIBCretlon stay such e!Iectiveness pendm.g filmg by such party w1thm five (6) daye of exceptions to the provlSion for immedi-ate etfectl venesa und thereafter until decislon on suer.. exceptions by the Comml.68ion.

§ 115.46 Hearings and reports o( the Advii.o,ry Commiuee on Reactor S11fe-p.udrds.

(al Each apphcation for an author-ization to construct or operate a nuclear reactor subJect to thls part shall be re-ferred to the Advisory Committee on Reactor Safeguards for review and re-port thereon Such report shall be made pa.rt of the record of the application and ave.llable to the publlc except to the ex-tent that security cla..saiflcat10n prevents dlaclosure.

(b) '!!he Commission will hold a hea.r-inz after 30 days' notice and publlca-tlon once m the FJ:DERAL REGISTER on ea.ch appllca.tion for authorization to construct or operate a nuclear reactor subJect to tlus part INSPECTION, RECORDS, REPORTS

§ I 15.50 Jn~peelion&,

Each holder of an authorization shall permit mspectwn, by duly authorized representatives of the Colllllll&Slon, of

!us records, premises, activities, and of materials m possession or use, related to the construction or operating authoru:a-tion a.s may be necessary to effectuate the purposes of thls part and other ap-pllca.ble regula. hons or orders of the Comm1s.sion.

§ 115.51 Maintenance of reeordb, mak*

in~ of reports.

Each holder of an author1Za.t1on shall mamtafn such re<:ords and make such reports, m connectJ.on with the author-ized actlVlty, as may be required by the conditlom of the e.uthonzation or by the rules, regulations, and orders of the Commisslon In etfectua.tmi the purposes of the Act.

ANENDMEN"I' or AUTHORIZATIONS AT R!QUl!ST OF HOLD~

§ 115,60 Appllcallon for amendmenl of dUthorlir.ation, Whenever a holder of an authorization desires to a.mend the authori.zatJ.on, ap-pllcatJ.on for a.n amendment shall be flled Wlth the COJDml&'JIOil, :fully describ-ing the changes desired, and followmg as far as applicable the form prescribed for or!gmal applications.

§ 115.61 l~blLmce of.tmendment.

In deternlll1.Ulg whether an amend-ment to an authonza.t1on will be iBSUed to the applicant, the Comnns.sion will be guided by the considerations which govern the issuance of a.uthonzations, to the extent applicable and appropnate.

It the application involves the material alteration of a nuclear reactor, a con-struction authorization will be issued prior to the lll.Sllance of the amendment to the authorization.

REVOCA'l'ION, SUSPENSION, MODil'ICA'l:ION, AKENDia:NT or AUTI:tOlUZATIOffS

§ 115.70 Revocation, suspension, modi-fication of authorizations for cat!Ml, An authonzatlon may be revoked, sUB-pended, or modified, m whole or m part, for any material false statement m the application for authorization or in the supplemental or other statement of fact required of the applicant; or because of conditions revealed by the apphcation for authoru:at10n or statement of fa.et or any report, record, llll!llection, or other means, which would warrant the Com-InlSSlon to refuse to grant an authoriza-tion on an ongmal appl!ca.tion; or for failure to construct or operate a nuclear reactor m accordance W1th the terms of the authorization; or for viola.ti.on of, or failure to observe, any of the appli-cable terms and proVIB1ons of the Act, regulations, authorization or order of the Comm1ss!on

§ 115.71 Reuking po.s,H!Sl>ion of special nuclear material.

Upon revocation of an authonzatlon, the C=on may immediately retake posseSS1on of all special nuclear mate-nal possessed by the holder of the authorization.

APPLICABILITY or Onn:11 Rl:GULATIONS

§ 115.80 Applicability of other regul.1-tlon **

(a) The proVl810l.l.8 of Subparts A, B, G, and Hof Part 2 of th1s chapter shall apply to authorizations and applications for authorl.za.tions, and to proceedings with respect thereto, to the same extent as 11 such apphcatlons were applications for llcensea or construction perrmts under Part 50 of th!S chapter; and to the same extent as lf such authonzatlons were licenses or construction permits under Part 50.

Each holder of an authorJZatJ.on shall comply with the proVIBJorui of Part 20 of this chapter to the same extent as 1! such authorization were a license or construction permit IBSued under Part 60 of th.I.I! chapter.

(c) No individual shall ma.rupulate the controls of any facihty authorized pur-

• su th.ls pa.rt without a valid opera-tor's license lSSued pursuant to Part 56

• of thls chapter.

ENroRCl:ln:NT

§ 115.90 Viola1lons.

An lilJunct1on or other court order may be obtamed prohlb1trng any violatJ.on of any provialon of the Act or any regula-tion or order IMUed thereunder.

Any person who wllfully violates any prOVl-Sion of the Act or any regulation or order ISSUed thereunder may be gutlty of a crune and, upon conviction., may be pumshed by fine or Imprisonment or both, as provided by law.

Dated at Germantown, Md, this 11th day o:f May 1961.

Por the Atomic Energy Com.miss.Ion.

WOODl'ORD B. McCOOL, Secretarv.

[F.R. Doc 61-4~; Pl.led, May 17, 1961; 843am]

GPO 9!2!17

UNITED STATES ATOMIC ENERGY COMMISSION WASHINGTON 25, D, C.

MAY 1 2 1961 Mr. David C. Eberhart, Director\\

Office of the Federal Register National Archives & Record Service Washington 25, D. C.

Dear Mr. Eberhart:

Attached for publication in the Federal Register as a n et-tective regulation are an original and three certified copies of a document entitled:

ATOMIC ENERGY COMMISSION 10 CFR Part 115 PIDCEDURES FOR REVIEW OF CE.Rl'AIN NUCLEAR REACTORS EXEMP!'ED FROM LICENSmG ~UIREMENTS Publication of the above document at the earliest possible date would be appreciated. It is requested that you advise the Commission of the filing and publication dates of this document by telephoning Code 119, Extension 3446.

Sincerely yours, Attorney Office of the General Counsel

Enclosures:

Original and 3 Cert. Cys.

cc:

D cket Clerk (L&R) (w/o attachment)

m. Hughes (PI) (w/cy of attachment)

• B. McCool (GMS) (w/cys of attachment) (2)

Legal Files (w/cy of attachment)

Leg. Reference Library (w/cy of attachment)

OGC Reading File (w/cy of attachment)

OGC Chronological File (w/cy of attachment)

A'.IDMIC ENERGY COMMISSION TJTLE 10 - ATOMIC ENERGY Chapter I - Atomic Energy Comm:!-_ssion PART 11.5 - Procedures for Review of Certain Nuclear Reactors Exempted from Licensing Reguirenients On December 2, 1960, (25 F. R. 12367) the Commission iseu.ad for public com-ment a new proposed regulation 10 CFR, Part 115, to establish procedures for review of certain nuclear reactors exempt from licensing requirements.

• A state-ment of considerations explaining in gen&ral the provisions of the-proposad Part 115 w~s publi~hed with the notice o:f pro-posed rule making.

In the light of public comments received and on.f'urther consideration, certain modificatioM have been made for purposes of clarification and~ order to make this regulation correspond mo~ closely-to the provisions of 10 CFR Part 50, *Licensing of Production and Utilization Facilities"r which govarns licensed reactorso Purawmt to the Administrative Procedure Act, notice is hereby given that the following regul~tion is published as a document subje~~~j>dification to beef-fective thirty- (30) days 1:1fter publicRtion thereof in the Federal Register.

11.5.1 Purpose 115.2 Scope 115.3 Definition:!

GENER~ PROVISIONS 11.5.4 Interpretations 115.5 Specific exemptions DESCRIPTION OF AUTHORIZATIONS 115.7 Construction and operating authorlzatiorus

115.B.luthoriz~tion required APPLICA.TIONS FOR AUTHORIZlTIONS1 FORM, CONTENTS 115.20 Applications for mithoriz~tions 115.21 Elimination of repetition 115.22 Contents of applicationsJ general information 115.23 Contents of applicationsJ technical information hazards st11111a17 report 115.24 Extended ti.me for provi.ding technical information 11$.25 Designation of technical specifications 115.26 Public inspection of applications ST AND ARDS FOR OPERATING AND CONSTRUCTION AUTHORIZATIONS 115.30 StsndArda for authorizations 115.31 StandRrde for construction authorization ISSUANCE1 LIMIT1TIONS1 AND CONDITIONS OF A.UTHORIZATIONS 115.40 Issuance 115.41 Dnrl:ltion of authorization, renewal U5.42 Conditions of authorizations 115.43 Conditiona of const:ruction authorizations 115.44 Conversion of construction authorization or amend.Dent of authori&a*

tion to operating authorization.

n5.45 Provisional operating authorization 115.46 Hearings and reports of ths Advisory Committee on Reactor Safeguard.a INSPECTION, RECORDS REPORTS

)

ll.5.50 Inspections U5.51 Maintenance of records, making of reports

• ~

~

DmNDMENT 0~ AUTHO~Z ATIONS AT REQUEST OF :OOLDER 115.6o Application for amendment of authorization 115.61 Issuance of amendment REVOCATI~SUSPENSIO~ MODIFTCATION) mm 13F AUTHO

Zif.roJffl 115.70 RevocationJ auapension, modification of Ruthorizations 115.71 Retaking possession of epecial nuclear material APPLICABILITY OF Om.ER REGULATIONS 115.80 Applicability of other regulations ENFORCEMENT 115.90 Violations for cause AUTHORITY:

§§ 115.1 to 115.90 issued under Sec. 16l(b)j 68 StRt. 948, 42 USC 2201.

GENER U, PBOVISION8 8 115.1 Purpose.

. (a)

The regulRtions in this part are issued by tha Atomic Ensrgy Commission pursu~nt to the Atomic Energy Act of 1954 (68 Stat. 919) to establish public pro-cedures for Commission review of safety conside.rations involved in the construction and operRtion by Commission contractors of certain CoIDI!dssion-owned nuclear re-actors; to provide opportunity for partic~pation by interested pertJone in such review of safety considerations; and to est.qblish requirements which must be ob-served by persons authorized to construct or operate euch reactors in order to protect health and minimize danger to life or property.

(b)

The procedures and requirements established in this part are deeigned to pBrallel thoss established in Parts 2, 50 and 55 of this chapter for production aid utilization facili tie!'J subject to the licensing requirements contained in Chapter-10 (42 u.s.c. 2131) of the \\tomic Energy Act of 1954.

n 115.2_ &ope, This part applies to any prime contractor of the Commission to the extent that such contractor proposes to construct or operate a nuclear reactor which:

(a) Ie not subject to the licensing requirements set forth in Chapter 10 of the Act and Part 50 of the regulations in this chapter; (b} Is not located at a Commission installRtion; and (c) Is to be operated as part of the power-generation facilitiee of an electric utility system.

I 115 o 3 Definitions ~

As used in.this part:

(a) "Act" meane the Atomic Energy Act of 1954, as amended, (6&1:ltat. 919) including any amendments thereto..

(b) "Applicant" means the prime contr~ctor for construction or the prime contractor for operation, as the c~se may be.

(c) It.Atomic energy" means all f'orms of energy released in the course of nuclear fission or nucleAr trensf:orm~tiono (d) "Atomic we~ponst means,my device utilizing atomic energy, exclusive of the means for transporting or propelling the device (where such means is a separ-able and divisible part of the device), the principle purpose of which is for use aa, or for development of, a weapon, a weapon prototype, or a weapon test deviceo (e) n Authorizationn means an order issued pur,suant to this part authorizing construction or operation of a nuclear reactoro (f) "By-product material" means any radioactive material (except special nuclear materiRl) yielded in or made radioactive by exposure to the radiation in-cident to the process of producing or utilizing special nucle~r materialo

- 4...

(g)

"Commission" means the Atomic Energy Commission or its duly authorized representativeso (h) "Nuclear reactor" means ar/ apparatus, other than an Rtomic weapon, designed or used to sustain nuclear fission in a self-supporting chain reaction.

(i) "Person" means (1) any individual, corporation, partnership, firm, RssociRtion, trust, estate, public or private institution, group, Government Rgency other than the Commission~ any State or any political subdivision of, or any political entity within a State, any foreign government or nation or any political subdivision of any such government or nation, or other anti ty; ~d (2) any legal successor, represent~tive, agent, or agency of the foregoing.

,;{,

(j) "Source materialn means source material as defined in section 1y. of the Act and in the regulations contained in Part 40 of this chapter.

(k) "SpeciRl nuclear material" means (1) plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and arry other material which the Commission, pursuant to the provisions of section 51 of the Act, determines to be speciRl nucle~r material, but does not include source material; or (2) any materi,;,J... art'fficially_enriched by any of the foregoing, but does not include source material.

(1) "United States" when used in a geographical sense, includes all Territories and possessions of the United States, the CanRl Zone, and Puerto Rico.

ft 11504 InterpretRtions, Except as specifically Authorized by the Commission in writing, no inter-pretation of the me1rning of the regulations in this part by any officer -~~*'*employee of the Commission other than a written interpretation by the General Counsel will be recognized to te binding upon the Commissiono

§ 115.5 Specific exemptions.

The Commission may, upon application by any interested person, grant such exemptions from the requirements of the regulations in this part as it determines will not endanger life or prot)Brty o~r,;~k?ommon defense and security and are otherwise in the public in te~~,t.

DESCRIPTION OF AUTHORIZATIONS I llSo 7 Construction and operating authorizations

~ construction ~uthoriz~tion for the construction of a nuclear reactor will be issued prior to the issuance of An operating authorization, if the application is otherwise Mceptable o The construction authorization will be converted upon due completion of the *reRctor and Commission action into an operating authoriza-tion, as provided in§ 115.440 If the application involves the material altera-tion of a reactor for which an Ot)Brating authorization has bean issued, a construc-tion authoriz2tion will be issued prior to the issuance of an amendment of an operating authorization,as provided in 8 1150610 H 115.8 Authorization reguiredo (a) No person shall begin the construction of a nuclear reactor on a site on which the reactor is-to be operated until a construction mithorization has been issued.

(b)

As used in paragraph (a), the term "construction" shall be deemed to in-clude pouring the found8tion for, or the installation of~ my portion of the permanent f~cility on the site; but does not include:

(1) Site exploration, site excavation, preparation of the site for construction of the reactor and construction of roadways, r~ilroad spurs snd transmission lines;

(2)

Procurement or manufacture of components of the reactor; and (3) Constr.uction of non-nuclear facilities (such as turbo-generators and turbine buildings) ::ind temporary buildings (such es construction,equipment storage sheds) for use in connection with the construction of the reactoro APPLICATIONS FOR AU'IHORIZATIONS 2 FORM,CONTENTS

§ 115.20 Applications for authorizations. (a) Place of filing. Each

~pplicRtion for PD

~uthorization, including whenever appropriate A construction

.imthorizRtion, or :ciroondment thereof, should be filed with the Atomic Energy Commission, Attention: Division of Licensing imd Regul11tion.

Filings made by mail should be Rddressed to the Commission at Washington 25~ D,. C.

Filings m13Y be made in person at the Commission I s *offices at 1717 H Street3 N. W. Washington, D. C~, or its offices at Germantown, Maryland.

(b) Execution of applications. Each application for an authorization, including whenever appropriRte a construction authorization or amendment thereof, should be executed in three signed originals by the applicant or duly authorized officer thereof under oath or affirmation.

(c) Number of copies of auplic.<ttions. Each filing of any application under this section should include, in Addition to the three signed originals, 19 copies of the application~ except that -with respect to that portion of the application containing the informRtion required by~ 115.23 (Haz.qrds Summary Report) the filing should include 40 copies,.

8 115.21 Elimin~tion of repetition. In his application, the spplicant may incorporate by reference information contained in previous applicationsj stptements or reports filed with the Commission:

Providedj That such references ~re clear and specifico

- 7..

ff 115.22 Contents of ~ppllcatione; general infonnationo Each application shall state:

(a) Name of applicant; (b) Address of applicant; (c) Description of business or occupation of applicant; (d) The use to which the nuclear reactor will be put and the period of ti.me for which the authorization is sought; (a) The technic~l qu~lificetions of the applicant to engage in the proposed activities; (f) If the "R.p'pllcation contMlins Restricted Data or other defense infonnation, it shRll be prepAred in such manner that ~11 Restricted Data and other defense information are sepRrated from the uncl~ssified informationo

! 115.23 Contents of applications; technical information hazards summary reporto Each application shall state the following technical information:

(a) A description of the chemical, physical, metallurgical, or nuclear process to be performed, and a statement of the kind and quantity of any radioacti.:ve effluent expected to result from the process.

The description of the process should be suf-ficiently detailed to permit evaluation of the radioactive hazards involved.

The msgnitude of the proposed operation should be indicated in terms of the amount and radioactivity of source, special nuclear, or byproduct material to be handled per unit of time, and thermal power to be generated if Rnyo (b) A description of the nuclear re~ctoro The description should be based on the design criteria for the reactor as a whole and for those major component parts which are essential to the safe operation of the reactor, ~nd should be presented in sufficient detail to allow.an evaluation of the adequacy of the various means proposed to minimize the probability of danger from radioactivity to persons both on and off--site.

The description should also cover any activities, other than those subject to license or otherwise authorized proposed to be carried on in the building which will house the reactor and on the balance of the siteo (c) A description of the site on which the reactor f~cility is to be located.

This should include a map of the area showing the location of the site and indica't!-

ing the uae to which the surrounding l~md is put, i.e o, induatrial:i commercial, agricultural, residential; location of sources of potable or industri~l water sup-ply, watershed areas and public utilities; and a scale plot plan of the site show-ing the proposed location of the reactoro (d) A description of proposed procedures for: routine and non~routine operations, start-up and shut-down, maintenance, storage, training of employees, minimizing operational mishaps (such as locked controls, check-lists, and close supervision), investigating unusual or unexpected incidents; and a description of such other details as may be µs1;3'rlul ).in evaluating the existence and effective-ness of safeguards agAinst the radioactive hazards in the operation of the reactoro (e) A description of plans or proposals in the event that acts or accidents occur which would create radioactive hazardso The description should relate the various operational procedures, the protective devices~ and the pertinent fe~tures of the sitej to such h&ppenings as operational mistRkes, equipment or instrument failure or malfunctionj fire, electric power failure, flood:i eArthquake, stonn, strike, and rioto (f) Meteorological, hydrological, geological, and seismological data necessary for evaluating the measures proposed for protecting the public against possible radio-active hazards o (g) An evaluAtion of the proposed measures and devices to prevent acts or accidents which would create radioactive hazards or to protect against the consequences should such acts or accidents occuro (h) A description of procedures for disposal of radioactive solid waste and the final disposal of liquid waste effluento (i) A description of means provided to sample atmosphere discharges through stacks where such stRcka m~y emit byproduct material or special nuclear materialo

§ 115024 Extended time for providing technical informationo

'Where, bec~use of the nature of a proposed project, an applicant is not in a position, to supply initially all of the technical infonnation otherwise required to complete the application, he shall indicate the reason)) the i terns or kinds of information omitted, and the epproxim.?te times when such data will be produced..

If the Commission is satisfied that it has information sufficient to provide reasonable assurance th~t a nuclear reactor of the general type proposed can be constructed and operated at the proposed loc.qtion with.out undue risk to the health and safety of the public and that the omitted information will be supplied, it may process the application and issue a construction authorization on a pro-visional bAsis without the omitted infonnation subject to-its later production and an evaluation by the Commission that the final design provides :reasonahl~. ~;;_s~'

surance th~t the he~lth and safety of the public will not be endangeredo 8 115025 Designation of technical specific~tionao (a) The Commission will indicAte, by notice to the applicant, which of the provisions of his hazards sum-m1:iry report or any supplement thereto will be deemed to be technical specificRtions that become part of the construction or operating authorizationo In giving such notice, the Commission will afford the applicant reasonable opportunit7 to amend or revise the technical information supplied before proceeding further to process the.r:ipplic,,.tion.

(b) The Commission m.qy require the applicant to designate those provisions of his hRzards sunnni:iry report or any anpplement thereto, which he proposes be incor-por~ted ~s technicRl specifications in the construction or operating authorizationo 8 115 0 26 Public insnection of ~pplicationso

\\pplications and documents sub-mitted to the Commission in connection with applications may be made available for public inspection in accordAnce with such provisions of the regulations contained in PRrt 2 of this chapter as would apply if such applications were for licenses under P*rt 501 ti,;, ~*

STANDARDS FOR'OPER!TING AND CONSTRUCTION AUTHORIZATIONS

§ 115030 Standards for authorizationso In determining that an authorization will be issued to an applicant, the Commission will be guided by the following con-siderations:

(a)

The processes to be per.formed,, the operating procedures., the nuclear re~ctor and equipment, the use of the re~ctor, and other technical specifications, or the proposRls in regard to any o.f the foregoing collectively provide reasonRble assurance th~t the applic~nt will comoly with applicable regulRtion.~ in thjs chapter, including the regul~tions in Part 20, and that the health And safety of the public will not be end,mgeredo (b) The applic~nt is technically qualified to engage in the proposed activities in accordance with the regulations in this parto (c) The issuance o.f an ~uthorization to the applic~nt will notj in th~ opinion of the Commission, be inimical to the health snd safety of the public.,

- 11 ""

§ 115.31 Standards for coruJtruction authorizationo An applicant for an oper~ting µuthorizstion or an amendment of an operating authorization who pro-poses to construct or materially alter a nucle;:ir re,;ictor will be initially granted a construction authorization if the application is in conformity with and acceptable under the provisions of §S 115020 through 1150300 ISSUANCE 3 LIMITATIONS, AND CONDITIONS OF AUTHORIZATIONS 6 115.. 40 Issu;,.nce.

Upon determination thtit an application for an operating authorization meets the standards and requirements of the Act and applicabl~

regulations in this chapter, the Commission will issue an operating authorization, or if appropriate a construction Authorizationj in such form and containing such conditions and limitations including technical specifications, as it deems ap-propriate and necessaryo g 115.41 Du.ration of authorization, renewalo Each authorization will be issued for a fixed period of time to be specified in the authorization but in no case to exceed the term specified in the applicable contract with the Commission.

Where construction of a reactor, is involvedj the Commission may specify in the construction authorization the period for which the operating authorization will be issued if approved pursu;mt to S 115.41.to Authorizations may be renewed by the Commission upon the expiration of the perlodo 8 115 042 Condi tiona of authorizations o Whether stated therein or not, the following shall be deemed conditions in every authorization issued:

(a) Title to All special nuclear material utilized or produced pursuant to the authorization shall at all times be in the United States o (b)

No right to special nuclear material shall be conferred by the

~uthoriz~tion except as may be defined by the authorizationo (c) Neither the ~uthorization, nor any right thereunder, nor any right to utilize or produce special nuclear material shall be transferred, assigned, or disposed of in any manner, either voluntarily or involuntarily, dire~tly or indirectly, through trAnsfer of control of the authorization to any personj unless the Commission shall, after securing full informationj give its con-sent in writing.

(d) The authorization shall be subject to revoc~tion, suspension, modifi~

CRtionj or amendment for ceuse as provided in the Act and applicable regulationao (e)

The holder of the authorization will at any time before expiration of the authorization, upon request of the Commission submit written statements, '

signed under oath or affirmation, to enRble the Commission to determine whether or not the 8UthorizRtion should be modified, suspended or revokedo (f)

The authorization shall be subject to the provisions of the,\\ct now or hereafter in effect,md to all applicable rules, regulations, and orders of the Commission.

The terms and conditions of the authorization shall be subject to amendment, revision, or modific,:ition, by re~son o.f amendments o"f* the Act or by re~son of applicable rules, regulations, and orders issued in accordance with the terms of the Acto (g)

The holder of the authorization shall not -permit the manipulation of the controls of the re:=ictor by anyone who is not e. licensed operator as provided in 8 115.B0o (h)

The holder of the authorization shall not, except as authorized pursuant to a construction Ruthorization make any alteration in the reactor constituting

.g change from the technical specifications previously incorporated _in an operat-ing or construction authorization.

8 115043 Conditions of con..~truction authorizationao Each construction authorizRtion sh~ll be subject to the following terms and conditions:

(R) Except as modified by this section, the*construction authorization sh9ll be subject to the same conditions to which an o:i;,er,9ting 1:iuthorization is subject.

(b) At or about the time of completion of the construction or modifica-tion of the nuclear reactor, the applicant will fil-e any addi tion~:il information needed to bring the original application for authorization up to dateo I 115044 Conversion of construction authorization or amendment of

~uthorlz~tion to operating authorizationo UJX)n completion of the construction or alteration of a nuclear reactor,. in compliance with the terms and conditions of the construction BUthorization and subject to any necessary testing of the re~ctor for health or sRfety purposes, the Commission will, in the absence of good cause shown to the contrRry, issue an operating ~uthorizetiono 8 115045 Provision~l Operating Authorizat..1.on

('1)

A.a an intermedi;rte procedure prior to issu~nce of Ril operating authorization pursu~nt to Section 115044, the Connniasion may issue a provisional operating authorizRtion in a proceeding where findings required for the issuance of a finRl oper'3ting authorization cannot be m~de because (1) construction of tha facility hAs not been completed, or (2) there are involved features, characteristics., or components of the proposed facility as to which it appears desirable to obtein sctuAl or further operating experience before issuance of an operating authorization for the full term requested in t.,_1.e appll_g_~_ti;ono (b) In any case subject to subsection (a), a provisionRl operating authorization will be issued by the Commission upon finding that:

(1) Con8truction of the facility has proceededi and there ie reasonable assurance that the facility will be com-pleted, in conformity with tha construction authoriza-ti_on and the application as amended, the provisions of the Act, and the rules 1311d regulations of the Com-mission; and (2.)'.. There is re aaonable assurance ( A) that the activities authorized by the provisional operating authorization can be conducted without endangering the health and safety of the public, and (B) that such activities will be conducted in compliance with the regulations in this chapter; and (3)

The Rpplicant is technically and financially quali-fied to engage in the activities authorized by the provisional operating authorization in accordance with the regulations in this chapter; and (4) There is reasonable assurance that the facility will be ready for initial loading with nuclear fuel within ninety (90) days from the da~.of issuance of such provisional autb.orizstiono (c) Eech provisional operating authorization will include appropriate provisione with respect to any uncompleted items of construction and such 1imi tations or conditions as are required to assure that operations during the period of the provisional operating authorization will not endanger public health and safety.

(d) The duration of each provisional operating authorization will be specified therein, not to exceed eighteen (18) months from the date of issuAnce; provided, however, th~t, upon good cause shown, the expir~tion date of the provisionRl operating authorization may be extendedo (e)

The presiding officer TMY, upon good cause being shown, provide that rmy intermediate decision Rnd order issued pursuAnt to this section shall be-come effective immediately upon issuance subject to (1) the review thereof and further decision by the Commission upon exceptions thereto filed by any party within twenty (20) dRys after issuance of such intermediate decision, pursuant to the Connnission I Rules of Practice, ~nd (2) such further order as the Commie~

sion IDR.Y enter upon such exceptions or upon its own motion withia forty-five (h5) d~ys pfter the issuance of such intermediate decision; provided, however, that, in the Rbsence of,my further Commission order pursuant to the foregoing and exceptions to the intermediate decision, the intermediate decision of the presiding officer shall become the fin~l decision of the Cormnission at the end c..,7 of such forty-five (h5) dAy period. In the event of obj0ction by any pRrty to immediAte effectiveness of such intermedi~te decision :md orderjl the presiding officer may in his discretion st8y such effectiveness pending filing by such party within five (5) days of exceptions to the provision for immediate effect-iveness ~nd thereRfter until decision on such exceptions by the Commissio~o 8 115046 Hearings and reports of the -Advisory Cammi ttee on Reactor Safeguards.

( B) Each application for an authoriz,rtion to construct or operate a nuclear reactor subject to this part shall be referred to th:~ Advisory Cammi ttee on Resetar Safeguards for review and report thereon.

Such report shall be made part of the record of the applicRtion and available to the public except to the extent that security classification prevents disclosureo (b)

The Commission will hold a hearing after 30 days 0 notice and publication once in the Federal Register on each application for authoriza-tion to construct or operate a nuclear reactor subject to this parto INSPECTION, RECORDS 9 REPORTS

~ 115.50 Inspections. Each holder of an authorization shall permit inspection, by duly authorized representatives of the Commiasion 9 of his records, premises, activities 9 and of materials in possession or use 9 re-lated to the construction or operating authorization as may be necessary to effectuate the purposes of this part and other applicable regulations or orders of the Commission.

§ 115.51 Maintenance of records, ma.king of reportso Each holder of an authorization shall maintain such records and make such reports 9 in connection with the authoriz~d activity 9 as may be required by the conditions of the authorization or by the rules 9 regulations 9 and orders of the Commis-sion in effectuating the purposes of the Acto AMENDMENT OF AUTHORIZATIONS AT REQUEST OF HOLDER S 115.60 Application for amendment of authorization.

Whenever a holder of an authorization desires to amend the authorization 9 application for an amendment shal+ be filed with the Commission 9 fully describing the changes desired 9 and following as far as applicable the form prescribed for original applications.

~ 115.61 Issuance of amendment.

In determining whether an amendment to an authorization will be issued to the applicant 9 the Commission will be

guided by the considerations which govern tha issuance of authorizationa 9 to the extent applicable and appropriate. If the application involves the material alteration of a nuclear reactor 9 a construction authorization will be issued prior to the issuance of the amendment to the authorization.

BEVOCATION 1 SUSPENSION, MODIFICATION, AMENDME}TT OF AUTHORIZATIONS

§ 115.70 Revocation, suspension, modification of authorizations for cauae.

An authorization may be revoked 9 auspended 9 or modified 9 in whole or in part 9 for any material false statement in the application for authoriza-tion or in the supplemental or other statement of fact required of the appli-cant; or because of conditions revealed by the application for authorization or statement of fact or any report 9 record 9 inspection 9 or other means 9 which would warrant the Commission to refuse to grant an authorization on an original application; or for failure to construct or operate a nuclear reactor in accordance with the terms of the authorization; or for violation of 9 or failure to observe, any of the applicable terms and,provisions of the Act 9 regulations, authorization or order of the Commission.

6 115.71 Retaking possession of special nuclear material.

Upon revoca-tion of an authorization, the Commission may immediately retake possession of all special nuclear material possessed bi the holder of the authorization.

APPLICABILITY OF OTHER REGULATIONS

§ 115.80 Applicability of other regulations.

(a)

The provisions of Subparts A, B, G, and Hof Part 2 of this chapter shall apply to authorizations and applications for authorizations, and to proceedings with respect theretoi to the same extent as if such applicatioos were applications for licenses or construction permits under Part 50 of this chapter; and to the same extent as if such authorizations were licenses or construction permits under Part 50.

- 18 ~

(b) Each holder of an authorization shall comply with the provisions of Part 20 of this chapter to the same extent aa if such authorization were a license or construction permit issued under Part.50 of this chapter.

(c)

No individual shall manipulate the controls of any facilit1 authorized pursuant to this part without a valid operator's license issued pursuant to Part 55 of this chapter.

ENFORCEMENT 8 115.90 Violations.

An injunction or other court order may be obtaine~

prohibiting any violation of any provision of the Act or any regulation or

/

order iesued thereunder.

Any person who wilfully violates any provision of the Act or any regulation or order i.8sued thereunder may be guilty of a crime and, upon conviction, may be punished by fine or imprisonment or both, as provided ~y lawo Dated at Germantown, Maryland this For the Atomic Energy Commission.

Secretary

GENERAL ELECTRIC COMPANY 2151 SOUTH FI RST ST., SAN JOSE 12, CALIF.... TELEPHONE CYpress 7 - 3000 January 27, 1961 Mr. Woodford B. McCool, Secretary U. S. A t omic Energy Commission Washington 25, D. C.

ATOMIC PRODUCTS DIVIS I ON ATOMIC POWER EQUIPMENT DEPARTMENT

Subject:

C omments of the General Electric Company on 10 CFR 115

Dear Mr. McCool:

The General Electric Company respectfully submits the following com-ments in response to the Notice of Proposed Rulemaking, published in the Federal Register on December 2, 1960, concerning proposed Procedures for R eview of Certain Nuclear Reactors Exempted From Licensing Requirements (10 CFR 115):

I. Scope of Part 115 General Electric has previously urged that, subject only to national security limitations, the same system of safeguards review and public hearing, which is required for private applications to construct and operate production, utilization, and testing facilities, be extended to Government proposals to con-struct and operate such facilities. We therefore endorse the Commission's policy of extending the safeguards review and public hearing procedures for private facilities to Commission-owned power reactors constructed under the "second round" of its Power Demonstration Reactor Program.

General Electric questions, however, the limitation of the proposed Part 115 to those Government-owned installations which (1 ) are not located at Commission-owned installations and (2) are to be operated-as part of conven-tional electric utility systems. Neither-of these two conditions appear to us as relevant criteria for determining whether the full system of safeguards review and public hearing should apply. While several Commission-owned installations are located in remote areas this is not true of all Commission installations.

Furthermore, remoteness of location does not provide a basis for dispensation from regulatory requirements with respect to private facilities. Operation as part of conventional utility systems would appear to be an even less relevant standard for deciding whether formal safeguards review and hearing procedures should be observed.

GENERAL-ELECTRIC Mr. Woodford January 27, 1961 II. Pre-Construction Authorization Activity It is noted that the proposed Part 115 does not contain a counterpart to Section 50. lO(b) of the regulation covering privately-owned facilities, (10 CFR Part 50). ThatSection prohibits commencement of construction of a private facility prior to issuance of a construction permit. What justification is there for failing to apply the same limitation to Government-owned reactors?

he Respectfully submitted, Geo ge White General Manager

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ATOMIC ENERGY COMMISSION t_r.o CFR Part 1127 PROCEDURES FOR REVIEW OF CERTAIN NUCLEAR REACTORS EXEMPTED FROM LICENSING REQUIREMENTS Notice of Proposed Rule Making On March 12~ 1959 (AEC Press Release B-42) the Commission announced adoption of policies designed to provide opportunity for public participation in the consideration of safety aspects of reactor projects in the Commission's power demonstration reactor program.

The proposed regulations set forth below are designed to implement that policy. The proposed regulations incorporate relevant provisions of Part 50 with such modificatior.1s as are appropriate to adapt them to the reactor projects which will be subject to this part. Provisions are included which will make Parts 20 and 55, and relevant provisions of Part 2, applicable to reactors subject to this part.

The press release contained the following policy statement by the Commission:

11The nuclear power reactors which are planned for operation under the so-called *second round' of the Commission's power demonstration reactor program, and the proposed reactor to be operated by Consumers Public Power District in Nebraska, are not subject to the formal licensing requirements of the Atomic Energy Act of 1954, as amended.

Under Section 110 of the Act they are exempt from licensing requirements because they are to be constructed and operated under contracts 'with and for the account' of the Commission.

However, these and all other Commission-owned reactors receive the same technical review to assure the publi~ health and sa~ety as do licensed reactors.

"Unlike most Commission-owned reactors, these Commission-o'W!led demonstration reactor projects w:1.11 not be located at Commission installations but will be operated as an integral part of the power-generation facilities of operating utility systems.

For this reason, the Commission has decided that the public interest would best be served by making available to members of the public opportunity for participation in safety considerations concerning these projects in accordance with procedures which would parallel those observed in licensing proceedings.

Accordingly, the hazards reports filed by the prime contractors for the construction or operation of these reactors will be made available for public inspection in the Commission's Public Document Room.

As in the case of license applications, the Commission will publish and make available in the Public Document Room copies of the reports of the Advisory Committee on Reactor Safeguards and copies of the hazards evaluations prepared by the Division of Licensing and Regulation.

"In addition, the Commission has decided to set these cases down for public hearing to consider health and safety questions involved in the proposed construction and operation of the reactors. A no.tice of hearing will be issued in each case.at least 30 days prior to the date of hearing.

Following the issuance of the notice of hearing, proceedings will be conducted in accordance with the provisions of Part 2 of the Connniss1on 1s regulations (10 C.F.R., Part 2 "Rules of Practice") applicable to formal hearings.

2 -

"This policy will also be applied to all future Commission-owned reactors not located at Commission-owned installations, which are to be operated as part of conventional electric utility systems."

The proposed rules would apply to any prime contractor of the Commission who proposes to construct or operate a nuclear reactor which (a) is not subject to licensing requirements, (b) is not located at a Commission installation, and (c) is to be operated as a part of the power generating facilities of an electric utility system.

The rules would require such contractors to obtain a construction "authorization" and an operating "authorization 11 corresponding to the construction permits and operating licenses issued by the Commission und~r Part 50. Reactor projects subject to the proposed rules would be made subject to formal regulatory requirements, including Pert 20 11Standards for Protection Against Radiation", Part 55 110::;:ierators' Licenses", Subparts A, B, G, and Hof Part 2 "Rules of Practice 11, and to such other requirements as may be establish-ed by applicable Commission regulations-or orders issued pursuant to subsection 161 b. of the Atomic Energy Act of 1954, as amended.

Notice is hereby given that adoption of the following r-Jlea 1s under consideration. All interested persons who desire to sub¢t written comments and suggestions for consideration in connection with the proposed rules should send them (in tripli02.te) to the Secretary, United States Atomic Energy Commission, Washington 25, D. c., Attention:

Director, Div+s1on of Licensing and Regulation, within 60 days after publication of this notice in the Federal Register. Although consideration will be given, if feasible, to comments received after that period, no aseurance*or consideration can be given except as to comments received within the 60-day period.

T S~ction 115.1 115.2 115.3 115.4 115.5 115.7 GENERAL PROVISIONS Purpose.

Scope.

Definitions.

Interpretations.

Specific exemptions.

DESCRIPTION OF AUTHORIZATIONS Construction and operating authorizations.

APPLICATIONS FOR AUTHORIZATIONS., FORM, CONTENTS 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.30 115.31 115.4o 115.41 115.42 115.43 115.44 115.45 115.46 Applications for authorizations.

Elimination of repetition.

Contents of applications; general information.

Contents of applications; technical information hazards summary report.

Extended time for providing technical inf'ormationo Designation of technical specifications.

Public inspection of applications.

STANDARDS FOR OPERATING AND CONSTRUCTION AUTHORIZATIONS Standards for authorizations.

Standards for construction authorization.

ISSUANCE., LIMITATION~ AND CONDITIONS OF AUTHORI TIONS Issuance.

Duration of authorization, renewal.

Conditions of authorizations.

Conditions of construction authorizations.

Conversion of construction authorization ov amendment of authorization to operating authorization.

Provisional Operating Authorization.

Hearings and reports of' the Advisory Commi.ttee on Reactor Safeguards.

I

l. _ ____,

• 115.50 115.51 INSPECTION, RECORDS, REPORTS Inspections.

Maintenance of records, making of reports.

AMENDMENT OF AUTHORIZATIONS AT REQUEST OF HOLDER 115.60 115.61 Application for amendment of authorization.

Issuance of amendment.

REVOCATION, SUSPENSIO3/4 MODIFICATION, AMENDMENT OF AUTHO IZATIONS 115.70 115. 71 115.80 115.90 Revocation, suspension, moclification of authorizations for cause.

Retaking possession of special nuclear material.

APPLICABILITY OF OTHER REGULATIONS Applicability of other regulations.

ENFORCEMENT Violations.

AUTHORITY:

§§ 115.1 to 115.90 issued under Sec. 161 (b),

68 Stat. 948, 42 u.s.c. 2201.

GENERAL PROVIS IONS

§ 115.1 Purpose.

(a) The regulations in this part are issued by the Atomic Energy Commission pursuant to the Atomic Energy Act of 1954 (68 Stat. 919) to establish public procedm~ee for Commission review of saf'ety considerations involved in the construction and operation by Commission contractors of certain Commission-owned nuclear reactors; to provide opportur.ity for participation by interested persons in such review of safety considerations; and to establish requirements which must be observed by persons authorized to construct or operate such reactors in order to protect health and minimi.ze danger to life or property.

(b) The procedures and requirements established in this part are designed to parallel those established in Parts 2, 50 and 55 for production and utilization facilities subject to the licensing reqw.rements contained in Chapter 10 (42 u.s.c. 2131) of the Atomic Ene~gy Act of 1954.

a 115.2 Scope. This part applies to any prime contractor of the Commission to the extent that such contractor proposes to construct or operate a nuclear reactor which (a) is not subject to the licensing requirements set forth in Chapter 10 of *the Act and Part 50 of the regulations 1n this chapter; (b) is not located at a Commission installation; and (o) is to be operated as part or the power-generation facilities of an electric utility system. *

§ 115.3 Definitions.

As used in th1.s part.,

(a) "Act" means the Atomic Energy Act of 1954 (68 Sta.t.

919) incluqj.ng any amendments thereto.

(b) "Atomic energy" means all forms of energy released in the course of nuclear fission or nuclear transformation.

(c) "Atomic weapon" means any device utilizing atomic energy., exclusive of the means for transporting or propelling the device (where such means is a separable and divisible part of the device)_., the principal purpose of which is for use.as, or for development of., a weapon., a weapon prototype., or a we~pon test device.

(d) "Authorization" means an order issued pursuant to this part authorizing construction or operation of a nuclear reactor.

(e) "By-product material" means any radioactive material (except' special nuclear material) yielded in or ma.de radio-active by exposure to the radiation incident to the process of producing or utilizing special nuclear material.

(f) "Commission" means the Atomic Energy Commission or its duly authorized representatives.

(g) "Nuclear reactor" means an apparatus, other than an atomic weapon, designed or used to sustain nuclear fission in a self-supporting chain reaction.

(h) "Person" means (1) any individual, corporation:,

partnership, firm, association, trust, estate, public or private institution, group, Government agency other than the Commission, any State or any political subdivision of, or any political entity within a State, any foreign government or nation or any political subdivision of any such government or nation, or other entity; and (2) any legal succes.sor, representative, agent, or agency. of the foregoing.

(1) "Source material" means source 'material as defined ip Section 11 s. of the Act and in the regulations contained in Part 40 of this chapter.

(j) "Special nuclear material" means (1) plutonium, u.ranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the Commission, pursuant to the provisions of Section 51 of the Act, determiPa to be special nuclear IDB:terial, but does not include source material; or (2) any material artificially enriched by any of the foregoing,. but does not include source material.

(k) "United States" when used in a geographical sense, includes all Territories and possessions of the United Stateo, the Canal Zone, and Puerto Rico.

§ 115.4 Interpretations. Except as specifically authorized by the Comm:1.ssion in writing, no interpretation of the meaning of the regulations in this part by any officer or employee of the Commission other than a written interpreta-tion by the General Counsel will be recogrdzed to be binding upon the Commission.

§ 115.5 Specific exemptions.

The Commission may., ~pon application by any interest~d person., grant such exempt::1.ons from the requirements of the regulations in this part as it determines will not endanger life or property or the common defense and security and are otherwise in the public interest~

DESCRIPTION OF AUTHORIZATIONS

§ 115.7 Construction and operating authorizations. A construction authorization for the construction of a reactor will be issued prior to the issuance of an operating authorization., if the application is otherwise acceptable.

T~e construction authorization will be converted upon due completion of the nuclear reactor and Collillission action into an operating authorization., as provided in Section 115.44.

A construction authorization for the alteration.of a nuclear reactor will be issued prior to the issuance of an amendment of an operating authorization., if the application for amendment is otherwise acceptable., as provided in Section 115~61.

APPLICATIONS FOR AUTHORIZATIONS, FORM, CONTENTS

§ 115.20 Applications for authorizations.

(a) Place of filing.

Each application for an authorrzation, including wh8never appropriate a construction authorization, or amendment thereof, should be filed with the Atomic Energy Commission.,

Attention:

Division of Licensing and Regulation.

Filings made

~Y mail should be addressed to the Commission at Washington 25, D. C.

Filings may be made in person at the Commission's offices at 1717 H Street., N.W *., Washington, D. c *., or its offices at Germantown., Maryland.

(b) Execution of applications. Each application for an j

authoriz~tion.,, including whenever appropriate a construction authorization or amendment thereof, should be executed in t'hree signed originals by the applicant or duly authorized officer thereof.

{c) Number of copies of applications. Each filing of any application under this section should include, in addition to the three signed originals, 19 copies of the application. except that with respect to that portion of the application containing the information required by§ 115.23 (Hazards Summary Report) the filing should include 40 copies.

§ 115.21 Elimination of repetition.

In his application, the applicant may incorporate by reference information contained in previous applications, statements or reports filed with the Connnission: Provided, That such references are clear and specific.

§ 115.22 Contents of applications; ~eneral information.

Each application shall state:

(a) Name of applicant; (b) Address of applicant; (c) Description or business or occupation of applicant; (d) The use to which the nuclear reactor will be put and the period or time for which the authorization is sought; (e) The technical ~ualifications of the applicant to engage in the proposed activities; (f) If the application contains Restricted Data or other defense information, it shall be prepared in such manner that all Restricted Data and other defense information are separated

'from the unclassified information.

§ 115.23 Contents of applications; technical information hazards summary report. Each application shall state the follow-ing technical information:

(a) A description of the chemical, physical, metallurgic.al, or nuclear process to be performed, and a statement of the.kind and quantity of any radioactive effluent expected to re*sult from the process. The description of the process should,be sufficiently detailed to permit evaluation of the radioactive hazards involved. The magnitude of the proposed operation should be indicated 1n terms of the amount and radioactivity of source, special nuclear, or byproduct material to be handled per unit of time, and thermal power to be generated if any.

(b) A description of the nuclear reactor.

The description should be based on the design criteria for the reactor as a whole and for those major component parts which are essential to the safe operation of the reactor, and should be presented in suf'f1c1ent detail to allow an evaluation of the adequacy of the various means proposed to minimize the probability of danger from radioactivity to persons both on and off-site. The description should also cover any activities, other than those subject to license ?r otherwise authorized proposed to be carried on in the building which will house the reactor and on the balance of the site.

(c) A description of the site on which the reactor facility is to be located.

This should include a map of the area showing the location of the site and -indj.cating the use to which the surrounding land is put, i.e., industrial, commercial, agricultural, residential; location of sources of potable or industrial water supply, watershed areas and public utilities; and a scale plot plan of the site showing the proposed location of the reactor.

(d) A description of proposed procedures for:

routine and non-routine operations, start-up and shut-down, maintenance, storage, training of employees, minimizing operational mishaps (such as locked controls, check-lists, and close supervision),

investigating unusual or unexpected incidents; and a description of such other details as may be useful in evaluating the existence and effectiveness of safeguards against the radioactive hazards in the operation of the reactor.

(e) A description of plans or proposals in the ever-t that acts or accidents occur which would create radioactive hazards.

The description should relate the various operational procedures, the protective devices, and the pertinent features of the site, to such happenings as operational mistakes, equipment or instrument failure or malfunction, fire, electric power failure, flood, earthquake, storm, strike, and riot.

(f) Meteorological, hydrological, geological, and seismological data necessary for evaluating the measures proposed for protecting the public against possible radioactive hazards.

(g) An evaluation of the proposed measures and devices to prevent acts or accidents which would create radioactive hazards or to protect against the consequences should such acts or accidents occur.

(h) A description of procedures for disposal of radio-active solid waste and the final disposal of liquid waste effluent.

(1) A description of means provided to sample atmosphe~e discharges through stacks where such stacks may emit byproduct material or special nuclear material.

§ 115.24 Extended time for providing technical informatlon~

Where, because of the nature of a proposed project, an applicant is not 1n a pos1tionto supply initially all of the technical information otherwise required to complete the application, he shall indicate the reason, the items or kinds of information omitted, and the approximate times when such data will be produced. If the Commission is satisfied that it has informa-tion sufficient to provide reasonable assurance that a nuclear reactor of the general type proposed can be constructed and operated at the proposed location without undue risk to the heaith and satety of the public and that the omitted information will be,eupplied,.it may process the application and issue a con~truction authorization on a provisional basis without the omitted information subject to its later production and an evaluation by the Commission that the final design provides reasonable assurance that the health and safety of the public will not be endangered.

§ 115.25 Designation of technical specificationso (a)

The Cormniasion will indicate, by notice to the applicant, which of the provisions of his hazards summary report or any supplemen~ thereto will be deemed to be technical specifications.

that beoome part of the constru.ction or operating authorization.

In giving such notice, the Commission will afford the applicant reasonable opportunity to amend or revise the technical information supplied before proceeding.further to process the.

application.

(b) The Commission may require the applicant to designate those provisions of h~s hazards summary report or any supplement thereto, which he proposes be incorporated as technical specifications in the construction or operating authorization.

§ 115.26 Public inspection of applications. Applications and documents submitted to the Commission in connection with applications may be made available for public inspection in

_accordance with auoh provisions of the regulations contained in Part 2 of this chapter as would apply if su~h applications were for licenses under Part 50.

STANDARDS FOR OPERATTIID AND CONSTRUCTION AUTHORIZATIONS

~ 115.30 Standards for authorizations~ In determi.ning that an authorization will be issued to an applicant, the Commission will be guided by the following considerations:

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(a) The processes to be performed, the operati~g procedures., the nuclear reactor and equipment., the use of the reactor., and other technical specifications., or the proposals in regard to any of the foregoing. collectively provide reasonable assurance that the applicant will comply with applicable regulations in this chapter., including the regula-tions in Part 26., and that the health and safety of the public I will not be endangered.

(b) The.applicant is technically qualified to engage in the proposed activities in accordance with the regulations in this part.

(c) The issuance of an authorization to the applicant will not., in the opinion of the Commission., be inimical to the common defense and security or to the*health and safety of the public.

§ il5.31 Standards for construction authorizationo An applicant for an operating authorization or an amendment of an cpsrating authorization who prop:,ses to construct or alter a nuclear reactor will be initially granted a construction authorization if' the appli'cation is in conformity with and acceptable under the provisions of§§ 115.20 through 115.30.

ISSUANCE, LIMITATIONS, AND CONDITIONS OF AUTHORIZATIONS l;l 115.*!J.o Issuance. Upon determination that an application for an operating authorization meets the standards and require-ments of the Act and applicable regulations in this chapter.,

the Commission will issu~ -an operating authorization., or if appropriate a construction authorization, in such form and containing such conditions and limitations including technical specifications., as it deems appropriate and necessary.

8 115.41 Duration of authorization, renewal. Each authorization will be issued for a fixed period of time to be specified in the authorization but in no case to exceed the term s~~olfied in the applicable contract with the Connnission.

Wtiere construction of a reactor is 1nvolvfd, the *commission may specify in the construction authorization the period for which the operating authorization will be issued if approved pursuant to§ 115.44., Authorizations may be renewed by the Commission upon the e~iration of the period.

§ 115.42 Conditions of authorizations. Whether stated therein or not, the following shall be deemed conditions in every authorization issued:

(a) Title to all special nuciear material utilized or produced pursuant to the authorization shall at all times be in the United States.

(b) No right to special nuclear material shall be conferred by the authorization except as may be defined by the authorization.

(c) Neither the authorization, nor any right thereunder, nor any right to utilize or produce special ~clear material shall be ~transferred, assigned, or disposed of in any manner, either voluntarily or involuntarily, directly or indirectly, through transfer of control of the authorization to any person, unless the Commission shall, after securing full infoI'Dlation, give its consent in writing.

(d) The authorization shall be subject to revocation, suspension, modification, or amendment for cause as provided in the Act and applicable regulations.

(e) The holder of the authorization will at any time before expiration of the authorization, upon request of the Commission submit written statements, signed under-oath or affirmation, to enable the Commission to determine whether or not the authorization should be modified, suspended or revoked.

(f) The authorization shall be subject to the provisicns of the Act now or hereafter in effect and to all ap.plicable rules.,.regulations., and orders of the Commission.

The terms and conditions of the authorization shall be subject to amendment., revision, or modification, by reason of amendments of the Act or by reason of applicable rules, regulations, and orders issued in accordance with the terms of the Act.

(g) The holder of the authorization shall not permit th~

manipulation of the controls of the reactor by anyone who is not a licensed cperator as provided in 8 115.80.

(h) The holder of the authorization shall not., except as auth:>rized pursuant to a construction authorization make any

'alteration in the reactor constituting a change from the technical specifications previously incorporated in an operating or construction authorization.

ij 115.43 Conditions of construction authorizations. Each construction authorization shall be subject to the following terms and conditions:

(a) Except as modified by this section 3 the construction authorization shall be subject to the same conditions to whi0h an operating authorization is subject.

(b) At or about the time of completion of the constructton or modification of the nuclear reactor, the applicant will file any additional information needed to bring the original application for authorization up to date.

~ 115.44 Conversion of construction authorization or amendment of authorization to operating authorization.

Upon completion of the construction or alteration of a nuclear reactor, in compliance with the terms and conditions of the construction authorization and subject to any necessary testing of the reactor for health or safety purposes, the Commission will,,in the absence of good cause shown to the contrary, issue a,n operating authorization.

S~ction 115.45 Provisional Operating Authorization (a) As an intermediate procedure prior to issuance of an operating authorization pursuant to Section 115.44, the Commission may issue a provisional operating authorization in a proceeding where findings required for the issuance of a final operating authorization cannot be made because (1) construction of the facility has not been completed, or (2) there are involved features, characteristics, or components of the proposed facility as to which it appears desirable to obtain actual or further operating experience before issuance of an operating authorization for the full term requested 1n the applicationg (b) In any case subject to subsection (a), a provisional operating authorization will be issued by the Commission upon finding that:

(1} Construction of the facility has proceeded, and there is reasonable assurance that the facility will be completed, in conformity with the construction authorization and the application as amended, the provisions of the Act, and the rules and regul~tions of the Commission; and (2} There is reasonable assurance (A} that the activities authorized by the provisional operating authorization can be conducted with-out endangering the health and safety of the public, and* {B) that such activities will be conducted in compliance with the regulations in this chapter; and (3) The applicant is technically and financially qualified to engage in the activities autho'rized by the provisional operating authorization in accordance with the regulations in this chapter; and (4) There is reasonable assurance that the facility will be ready for initial loading with nuclear f'uel within ninety (90) days from the date of.

issuance of such provisional authorization.

(c) Each provisional operating authorization will include appropriate proVisions with respect to any uncompleted items of construction and such limitations or conditions as are required to assure that operations during the period of the provisional operating authorization will not endanger public health and safety.

(d) The duration of each provisional operating authoriza-tion will be specified therein., not to exceed eighteen (18) months from the date of issuance; provided, however, that, upon* good cause shown, the expiration date of the provisional operating authorization may be extended.

(e) The presiding officer may, upon good cause being shown, provide that any intermediate decision and order issued pursuant to this section shall become effective immediately upon issuance subject to ( 1) the review the.reef and further decision by the Commission upon exceptions thereto tiled by any party within twenty (20) days after issuance of such intermediate decision, pursuant to the Connn1ssion 1s Rules of Praoti~e, and (2) such further order as the Commission may enter upon such exceptions or upon its own motion within forty-five (45) days after the issuance of euoh* intermediate decision; provided, however, that, in the abee~ce -of any further Commission order J

pursuant to the foregoing and exoeptions to the intermediate deoision 1 the intermediate decision of the presiding officer shall become the final decision of the Commission at the end of such forty-five (45} day period. In the event of objection by any party to immediate etteotiveness ot such intermediate decision and order1 the presiding officer may in his discretion stay such effectiveness pending filing by such party within five (5) days of exceptions to the proVision tor immediate effectiveness and thereafter until decision on such exceptions by the Commission.

~ 115.46 Hearings and reports of the Advisory Committee on Reactor Safeguards. (a) Each appl1oat1on tor an authorization to construct or operate a nuclear.reactor su~Jeot to this part shall be referred to the Advisory Committee on Reactor Safeguards for review and report thereon.

Such report shall be made part of the record or the application and available to the public except to the extent that security o~ssitioation prevents disclosure.

(b) The Commission will hold a hearing after 30 days*

notice and publication once in the Federal Register on each appllcatiop for authorization to construct or operate a nuclear reactor subject to this part.

INSPECTION, RECORDS, REPORTS g 115.50 Inspections. Each holder of an authorization shall permit inspection, by duly authorized representatives of the Commission1 ot his reoords 1 premises 1 activities, and of materials in possession or use 1 related to the construction o~ operating authorization as may be necessary to effectuate the purposes of this part *and other applicable regulations or o~ders of the Commission.

~ 115.51 Maintenance of records, making of reports. Each holder of an authorization shall maintain such records and make such reports, in connection with the authorized activity, as may be required by the condition~ of the authorization o~ by the rules, regulations, and orders of the Commission in effectuating the purposes of the Act.

AMENDMENT OF AUTHORIZATIONS AT REQUEST OF HOLDER ff ll5.6o Application for amendment of authorization. Whcneve~

a holder of an authorization desires to amend the authorization, application for an amendment shall be filed with the Commission, fully describing the changes desired, and following as far as applic~ble the form prescribed for original appl1cationso

~ 115.61 Issuance of amendment.

In determining whether an amendment to an authorization will be issued to the applicant, the Commission will be guided by the considerations which govern the issuance of authorizations, to the extent applicable and approp~iate.

If the application involves the material alteration of a nuclear reactor, a construction authorization will be issued prior to the issuance of the amendment to the authorization.

REVOCATION, SUSPENSIONfilMODIFICATION,.AMENDMENT OF AUTHO ZATIONS

~ 115.70 Revocation~ suspension, modification of authoriza-tions for cause. An authorization may be revoked, suspended, or

~odified, in whole or in part, for any material false statement in the application for authorization or in the supplemental or other statement of fact require~ of the applicant; or because of conditions revealed by the application for authorization or statement of fact or any report, record, inspection, or other means, which would warrant the Commission to refuse to grant an authorization on an original application; or for failure to con-etruot or operate a nuclear reactor in accordance with the terms of the authorization; or for violation of, or failure to observe, any of the terms and provisions of the Act, regulations, authori-zation or order of the Commission.

~ 115.71 Retaking possession of special nuclear material.

Upon revocation of an authorization,. the Commission may immediately retake possession of all special nuclear material possessed by the holder of the authorization.

II I

h APPLICABILITY OF OTHER REGULATIONS 9 115.8o Applicability of other regulations.

(a) The provisions of Subparts A, B, G, and Hof Part 2 of this chapter shall apply to author1zatio~s and applications for authorizations., and to proceedings with respec*t thereto., to the same extent as if such applications were applications for licenses or construction permits under Part 50 of. this chapter; and to the same extent as it such authorizations were licenses or construction permits under Part 50.

(b) Each holder of an authorization shall comply with the provisions or Part 20 of this chapter to the same extent as if such authorization were a license or construction permit issued under Part 50 of this chapter.

(o) No individual shall manipulate the controls of any facility authorized pursuant to this part without a valid operator's license issued pursuant to Part 55 of this chapter.

ENFORCEMENT H 115.90 Violations. An injunction or other court order 0

may be obtained prohibiting any violation of any provision of the Act or any regulation or order issued thereunder.

Any person who wilfully violates any provision of the Act or,any regu,lation or order issued thereunder may be guilty of a crime and., upon conviction., may be punished by fine or imprisonment or both., as provided by law.

Dated at Germantown., Maryland this NOV 2 5 1980 day of November., 196o.

For the Atomic Energy Commission.

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)IJoodford B, McCool Secretary

~.

RECEIVED U. S. Atomic Energy Commission Office of the Secrewy NOV 2 9 1960 A,M, P.M.

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