Sec. 185. Construction Permits and Operating Licenses.—80
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## Sec. 185 Construction Permits and Operating Licenses.—80 a.81 All applicants for licenses to construct or modify production or utilization facilities shall, if the application is otherwise acceptable to the Commission, be initially granted a construction permit. The construction permit shall state the earliest and latest dates for the completion of the construction or modification. Unless the construction or modification of the facility is completed by the completion date, the construction permit shall expire, and all rights thereunder be forfeited, unless upon good cause shown, the Commission extends the completion date.
Upon the completion of the construction or modification of the facility, upon the filing of any additional information needed to bring the original application up to date, and upon finding that the facility authorized has been constructed and will operate in conformity with the application as amended and in conformity with the provisions of this Act and of the rules and regulations of the Commission, and in the absence of any good cause being shown to the Commission why the granting of a license would not be in accordance with the provisions of this Act, the Commission shall thereupon issue a license to the applicant.
For all other purposes of this Act, a construction permit is deemed to be a “license.” 80The phrase “and Operating Licenses” in the section heading for section 185 appears in initial caps and lowercase in the enacted law; however, this version reflects the proper capitalization. 81No indentation in original. b.82 After holding a public hearing under section 189 a. (1)(A), the Commission shall issue to the applicant a combined construction and operating license if the application contains sufficient information to support the issuance of a combined license and the Commission determines that there is reasonable assurance that the facility will be constructed and will operate in conformity with the license, the provisions of this Act, and the Commission's rules and regulations.
The Commission shall identify within the combined license the inspections, tests, and analyses, including those applicable to emergency planning, that the licensee shall perform, and the acceptance criteria that, if met, are necessary and sufficient to provide reasonable assurance that the facility has been constructed and will be operated in conformity with the license, the provisions of this Act, and the Commission's rules and regulations. Following issuance of the combined license, the Commission shall ensure that the prescribed inspections, tests, and analyses are performed and, prior to operation of the facility, shall find that the prescribed acceptance criteria are met.
Any finding made under this subsection shall not require a hearing except as provided in section 189 a. (1)(B). 82Section 2801 of Pub. L. 102–486 (106 Stat. 3120) enacted on Oct. 24, 1992, added this subsection. Section 2806 of Pub. L. 102–486 (106 Stat. 3121; 42 U.S.C. 2235 note) provides as follows: ``SEC. 2806. EFFECT ON PENDING PROCEEDINGS. ``Sections 185 b. and 189 a. (1)(B) of the Atomic Energy Act of 1954, as added by sections 2801 and 2802 of this Act, shall apply to all proceedings involving a combined license for which an application was filed after May 8, 1991, under such sections.''. ### c Application Reviews for Production and Utilization Facilities of an Existing Site In reviewing an application for an early site permit, construction permit, operating license, or combined construction permit and operating license for a production facility or utilization facility located at the site of a production facility or utilization facility licensed by the Commission, the Commission shall, to the extent practicable, use information that was part of the licensing basis of the licensed production facility or utilization facility. **[**[42 U.S.C. 2235](/us/usc/t42/s2235)**]**
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- Pub. L. 102-486
- 106 Stat. 3120
- 106 Stat. 3121
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Sec. 185
Construction Permits and Operating Licenses.—80
Pub. L.Pub. L. 102-486
Stat.106 Stat. 3120
Stat.106 Stat. 3121
Cites 4Cited by 0 across 0 sources