10 CFR 52.103 - Operation under a combined license.
(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 that 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.
Title 10 published on 06-Jun-2018 04:00
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 10 CFR Part 52 after this date.
- 10 CFR 52.98 — Finality of Combined Licenses; Information Requests.
- 10 CFR 52.97 — Issuance of Combined Licenses.
- 10 CFR 2.309 — Hearing Requests, Petitions to Intervene, Requirements for Standing, and Contentions.
- 10 CFR 52.55 — Duration of Certification.
- 10 CFR 140.13 — Amount of Financial Protection Required of Certain Holders of Construction Permits and Combined Licenses Under 10 CFR Part 52.
- 10 CFR 52.39 — Finality of Early Site Permit Determinations.
- 10 CFR 2.340 — Initial Decision in Certain Contested Proceedings; Immediate Effectiveness of Initial Decisions; Issuance of Authorizations, Permits, and Licenses.
- 10 CFR 52.104 — Duration of Combined License.
- 10 CFR 52.171 — Finality of Manufacturing Licenses; Information Requests.
- 10 CFR 2.341 — Review of Decisions and Actions of a Presiding Officer.
- 10 CFR 140.20 — Indemnity Agreements and Liens.
- 10 CFR 50.63 — Loss of All Alternating Current Power.
- 10 CFR 51.22 — Criterion for Categorical Exclusion; Identification of Licensing and Regulatory Actions Eligible for Categorical Exclusion or Otherwise Not Requiring Environmental Review.
- 10 CFR 2.106 — Notice of Issuance.
- 10 CFR 50.47 — Emergency Plans.
- 10 CFR 73.57 — Requirements for Criminal History Records Checks of Individuals Granted Unescorted Access to a Nuclear Power Facility, a Non-Power Reactor, or Access to Safeguards Information.
- 10 CFR 50.71 — Maintenance of Records, Making of Reports.
- 10 CFR 50.55 — Conditions of Construction Permits, Early Site Permits, Combined Licenses, and Manufacturing Licenses.
- 10 CFR 50.55a — Codes and Standards.
- 10 CFR 21.2 — Scope.
- 10 CFR 50.75 — Reporting and Recordkeeping for Decommissioning Planning.
- 10 CFR 50.54 — Conditions of Licenses.
- 10 CFR 2.105 — Notice of Proposed Action.
- 10 CFR 50.73 — Licensee Event Report System.
- 10 CFR 50.36a — Technical Specifications on Effluents From Nuclear Power Reactors.
- 10 CFR 50.65 — Requirements for Monitoring the Effectiveness of Maintenance at Nuclear Power Plants.
- 10 CFR 50.92 — Issuance of Amendment.
- 10 CFR 50.45 — Standards for Construction Permits, Operating Licenses, and Combined Licenses.
- 10 CFR 51.108 — Public Hearings on Commission Findings That Inspections, Tests, Analyses, and Acceptance Criteria of Combined Licenses Are Met.