10 C.F.R. § 50.10 License required.
Title 10 - Energy
(a) Except as provided in §50.11, no person within the United States shall transfer or receive in interstate commerce, manufacture, produce, transfer, acquire, possess, or use any production or utilization facility except as authorized by a license issued by the Commission. (b) No person shall begin the construction of a production or utilization facility on a site on which the facility is to be operated until a construction permit has been issued. As used in this paragraph, the term “construction” shall be deemed to include pouring the foundation for, or the installation of, any portion of the permanent facility on the site, but does not include: (1) Site exploration, site excavation, preparation of the site for construction of the facility, including the driving of piles, and construction of roadways, railroad spurs, and transmission lines; (2) Procurement or manufacture of components of the facility; (3) Construction of non-nuclear facilities (such as turbogenerators and turbine buildings) and temporary buildings (such as construction equipment storage sheds) for use in connection with the construction of the facility; and (4) With respect to production or utilization facilities, other than testing facilities, required to be licensed pursuant to section 104a or section 104c of the Act, the construction of buildings which will be used for activities other than operation of a facility and which may also be used to house a facility. (For example, the construction of a college laboratory building with space for installation of a training reactor is not affected by this paragraph. This paragraph does not apply to production or utilization facilities subject to paragraph (c) of this section. (c) Notwithstanding the provisions of paragraph (b) of this section, and subject to paragraphs (d) and (e) of this section, no person shall effect commencement of construction of a production or utilization facility subject to the provisions of §51.20(b) of this chapter on a site on which the facility is to be operated until a construction permit has been issued. As used in this paragraph, the term “commencement of construction” means any clearing of land, excavation or other substantial action that would adversely affect the environment of a site, but does not mean: (1) Changes desirable for the temporary use of the land for public recreational uses, necessary borings to determine foundation conditions or other preconstruction monitoring to establish background information related to the suitability of the site or to the protection of environmental values; (2) Procurement or manufacture of components of the facility; and (3) With respect to production or utilization facilities, other than testing facilities, required to be licensed pursuant to section 104a or section 104c of the Act, the construction of buildings which will be used for activities other than operation of a facility and which may also be used to house a facility. (For example, the construction of a college laboratory building with space for installation of a training reactor is not affected by this paragraph.) (d)(1) Each person subject to the provisions of paragraph (c) of this section, who is, on March 21, 1972, conducting activities permitted pursuant to paragraph (b) of this section in effect prior to March 21, 1972, may furnish to the Commission within 30 days after March 21, 1972 or such later date as may be approved by the Commission upon good cause shown, a written statement of any reasons, with supporting factual submission, why, with reference to the factors stated in paragraph (d)(2) of this section, the activities should be continued, pending the issuance of a construction permit, notwithstanding the provisions of paragraph (c) of this section. If such written statement has been submitted, within the time specified, such activities may continue to be conducted pending Commission action pursuant to paragraph (d)(2) of this section. (2) Upon submission of a statement of reasons pursuant to paragraph (d)(1) of this section the Commission may authorize the continued conduct of activities permitted by paragraph (b) of this section in effect prior to March 21, 1972, upon consideration and balancing of the following factors: (i) Whether continuation of the activities will give rise to a significant adverse impact on the environment and the nature and extent of such impact, if any; (ii) Whether redress of any adverse environmental impact from continuation of the activities can reasonably be effected should such redress be necessary; (iii) Whether continuation of the activities would foreclose subsequent adoption of alternatives; and (iv) The effect of delay in conducting such activities on the public interest, including the power needs to be served by the proposed facility, the availability of alternative sources, if any, to meet those needs on a timely basis, and delay costs to the applicant and to consumers. (3) Activities permitted to be continued pursuant to this paragraph (d) shall be conducted in such a manner as will minimize or reduce their environmental impact. (e)(1) The Director of Nuclear Reactor Regulation may authorize an applicant for a construction permit for a utilization facility which is subject to §51.20(b) of this chapter, and is of the type specified in §50.21(b) (2) or (3) or §50.22 or is a testing facility to conduct the following activities: (i) Preparation of the site for construction of the facility (including such activities as clearing, grading, construction of temporary access roads and borrow areas); (ii) installation of temporary construction support facilities (including such items as warehouse and shop facilities, utilities, concrete mixing plants, docking and unloading facilities, and construction support buildings); (iii) excavation for facility structures; (iv) construction of service facilities (including such facilities as roadways, paving, railroad spurs, fencing, exterior utility and lighting systems, transmission lines, and sanitary sewerage treatment facilities); and (v) the construction of structures, systems and components which do not prevent or mitigate the consequences of postulated accidents that could cause undue risk to the health and safety of the public. No such authorization shall be granted unless the staff has completed a final environmental impact statement on the issuance of the construction permit as required by subpart A of part 51 of this chapter. (2) Such an authorization shall be granted only after the presiding officer in the proceeding on the construction permit application (i) has made all the findings required by §§51.104(b) and 51.105 of this chapter to be made prior to issuance of the construction permit for the facility, and (ii) has determined that, based upon the available information and review to date, there is reasonable assurance that the proposed site is a suitable location for a reactor of the general size and type proposed from the standpoint of radiological health and safety considerations under the Act and rules and regulations promulgated by the Commission pursuant thereto. (3)(i) The Director of Nuclear Reactor Regulation may authorize an applicant for a construction permit for a utilization facility which is subject to §51.20(b) of this chapter, and is of the type specified in §50.21(b) (2) or (3) or §50.22 or is a testing facility to conduct, in addition to the activities described in paragraph (e)(1) of this section, the installation of structural foundations, including any necessary subsurface preparation, for structures, systems and components which prevent or mitigate the consequences of postulated accidents that could cause undue risk to the health and safety of the public. (ii) Such an authorization, which may be combined with the authorization described in paragraph (e)(1) of this section, or may be granted at a later time, shall be granted only after the presiding officer in the proceeding on the construction permit application has, in addition to making the findings and determinations required by paragraph (e)(2) of this section, determined that there are no unresolved safety issues relating to the additional activities that may be authorized pursuant to this paragraph that would constitute good cause for withholding authorization. (4) Any activities undertaken pursuant to an authorization granted under this paragraph shall be entirely at the risk of the applicant and, except as to matters determined under paragraphs (e)(2) and (e)(3)(ii), the grant of the authorization shall have no bearing on the issuance of a construction permit with respect to the requirements of the Act, and rules, regulations, or orders promulgated pursuant thereto. [21 FR 355, Jan. 19, 1956, as amended at 25 FR 8712, Sept. 9, 1960; 33 FR 2381, Jan. 31, 1968; 35 FR 11460, July 7, 1970; 37 FR 5748, Mar. 21, 1972; 39 FR 14508, Apr. 24, 1974; 39 FR 26279, July 18, 1974; 39 FR 33202, Sept. 16, 1974; 43 FR 6924, Feb. 17, 1978; 49 FR 9403, Mar. 12, 1984]
Title 10: Energy
PART 50—DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES
Requirement of License, Exceptions
§ 50.10 License required.
