§ 52.103. Operation under a combined license.
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/us/cfr/t10/s§ 52.103·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The licensee shall notify the NRC of its scheduled date for initial loading of fuel no later than 270 days before the scheduled date and shall notify the NRC of updates to its schedule every 30 days thereafter. Not less than 180 days before the date scheduled for initial loading of fuel into a plant by a licensee that has been issued a combined license under this part, the Commission shall publish notice of intended operation in the Federal Register. The notice must provide that any person whose interest may be affected by operation of the plant may, within 60 days, request that the Commission hold a hearing on whether the facility as constructed complies, or on completion will comply, with the acceptance criteria in the combined license, except that a hearing shall not be granted for those ITAAC which the Commission found were met under § 52.97(a)(2).
(b)A request for hearing under paragraph
(a)of this section must show, prima facie, that—
(1)One or more of the acceptance criteria of the ITAAC in the combined license have not been, or will not be, met; and
(2)The specific operational consequences of nonconformance would be contrary to providing reasonable assurance of adequate protection of the public health and safety.
(c)The Commission, acting as the presiding officer, shall determine whether to grant or deny the request for hearing in accordance with the applicable requirements of 10 CFR 2.309. If the Commission grants the request, the Commission, acting as the presiding officer, shall determine whether during a period of interim operation there will be reasonable assurance of adequate protection to the public health and safety. The Commission's determination must consider the petitioner's prima facie showing and any answers thereto. If the Commission determines there is such reasonable assurance, it shall allow operation during an interim period under the combined license.
(d)The Commission, in its discretion, shall determine appropriate hearing procedures, whether informal or formal adjudicatory, for any hearing under paragraph
(a)of this section, and shall state its reasons therefore.
(e)The Commission shall, to the maximum possible extent, render a decision on issues raised by the hearing request within 180 days of the publication of the notice provided by paragraph
(a)of this section or by the anticipated date for initial loading of fuel into the reactor, whichever is later.
(f)A petition to modify the terms and conditions of the combined license will be processed as a request for action in accordance with 10 CFR 2.206. The petitioner shall file the petition with the Secretary of the Commission. Before the licensed activity allegedly affected by the petition (fuel loading, low power testing, etc.) commences, the Commission shall determine whether any immediate action is required. If the petition is granted, then an appropriate order will be issued. Fuel loading and operation under the combined license will not be affected by the granting of the petition unless the order is made immediately effective.
(g)The licensee shall not operate the facility until the Commission makes a finding that the acceptance criteria in the combined license are met, except for those acceptance criteria that the Commission found were met under § 52.97(a)(2). If the combined license is for a modular design, each reactor module may require a separate finding as construction proceeds.
(h)After the Commission has made the finding in paragraph
(g)of this section, the ITAAC do not, by virtue of their inclusion in the combined license, constitute regulatory requirements either for licensees or for renewal of the license; except for the specific ITAAC for which the Commission has granted a hearing under paragraph
(a)of this section, all ITAAC expire upon final Commission action in the proceeding. However, subsequent changes to the facility or procedures described in the final safety analysis report (as updated) must comply with the requirements in §§ 52.98(e) or (f), as applicable. [72 FR 49517, Aug. 28, 2007, as amended at 89 FR 57721, July 16, 2024]
Connections622 cite this · traces to 2
Cited by 622 sections · top 60
CFR
- § 50.59Changes, tests, and experiments.
- § 50.75Reporting and recordkeeping for decommissioning planning.
- § 2.310Selection of hearing procedures.
- § 51.108Public hearings on Commission findings that inspections, tests, analyses, and acceptance criteria of combined licenses are met.
- § 140.13Amount of financial protection required of certain holders of construction permits and combined licenses under 10 CFR part 52.
register
- NoticesExemption; issuance
- Proposed RulesDraft NUREG; request for comment
- Rules and RegulationsProposed rule and guidance; request for comment
- NoticesDetermination of inspections, tests, analyses, and acceptance criteria (ITAAC)
- NoticesOpportunity to initiate background check for access to safeguards information
- NoticesMonthly notice
- NoticesExemption; issuance
- NoticesExemption; issuance
- Rules and RegulationsFinal rule
- Rules and RegulationsNotice of intent to enter into a modified indemnity agreement
- NoticesNUCLEAR REGULATORY COMMISSION
- NoticesExemption; issuance
- Rules and RegulationsFinal rule; correcting amendments
- NoticesDetermination of inspections, tests, analyses, and acceptance criteria
- Proposed RulesProposed rule
- UnknownFinal rule
- NoticesExemption; issuance
- NoticesNotice of intended operation; opportunity for hearing on conformance with the acceptance criteria in the combined license; and associated orders
- NoticesExemption; issuance
- Presidential DocumentsFinal rule
- Rules and RegulationsDetermination of inspections, tests, analyses, and acceptance criteria (ITAAC)
- NoticesFinal rule
- NoticesRenewal of existing information collection; request for comment
- NoticesDetermination of the successful completion of inspections, tests, and analyses
- UnknownFinal rule
- Rules and RegulationsFinal rule
- NoticesNUCLEAR REGULATORY COMMISSION
- Rules and RegulationsNotice of submission to the Office of Management and Budget; request for comment
- NoticesFinal protective order templates
- Rules and RegulationsProposed rule
- Rules and RegulationsFinal rule and regulatory guide, issuance
- NoticesDetermination of inspections, tests, analyses, and acceptance criteria (ITAAC)
- UnknownDirect final rule and issuance of environmental assessment
- Presidential DocumentsFinal rule
- NoticesDetermination of the successful completion of inspections, tests, and analyses
- NoticesDetermination of the successful completion of inspections, tests, and analyses
- Rules and RegulationsPolicy revision; issuance
- Proposed RulesProposed rule
- NoticesNUCLEAR REGULATORY COMMISSION
- NoticesExemption; issuance
- UnknownFinal rule
- NoticesDetermination of inspections, tests, analyses, and acceptance criteria (ITAAC) completion
- NoticesSolicitation of comments on proposed revisions
- NoticesDetermination of the successful completion of inspections, tests, and analyses
- NoticesDetermination of inspections, tests, analyses, and acceptance criteria (ITAAC) completion
- NoticesDetermination of the successful completion of inspections, tests, and analyses
- UnknownFinal rule
- NoticesDetermination of the successful completion of inspections, tests, and analyses
- NoticesDetermination of inspections, tests, analyses, and acceptance criteria completion
- NoticesNUCLEAR REGULATORY COMMISSION
- Rules and RegulationsDetermination of the successful completion of inspections, tests, and analyses
- NoticesNUCLEAR REGULATORY COMMISSION
- Proposed RulesProposed rule
- NoticesExemption; issuance
- NoticesProposed ITAAC hearing procedures; public meeting; and request for comments
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