
[Code of Federal Regulations]
[Title 10, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR2]

[Page 23-37]
 
                            TITLE 10--ENERGY
 
                CHAPTER I--NUCLEAR REGULATORY COMMISSION
 
PART 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF OR
DERS--Table of Contents
 
Subpart A--Procedure for Issuance, Amendment, Transfer, or Renewal of a License

Sec. 2.100  Scope of subpart.

    This subpart prescribes the procedures for issuance of a license; 
amendment of a license at the request of the licensee; and transfer and 
renewal of alicense.

Sec. 2.101  Filing of application.

    (a)(1) An application for a license, a license transfer, or an 
amendment to a license shall be filed with the Director of the Office of 
Nuclear Reactor Regulation or Director of the Office of Nuclear Material 
Safety and Safeguards, as prescribed by the applicable provisions of 
this chapter. A prospective applicant may confer informally with the NRC 
staff prior to the filing of an application.
    (2) Each application for a license for a facility or for receipt of 
waste radioactive material from other persons for the purpose of 
commercial disposal by the waste disposal licensee will be assigned a 
docket number. However, to allow a determination as to whether an 
application for a construction permit or operating license for a 
production or utilization facility is complete and acceptable for 
docketing, it will be initially treated as a tendered application. A 
copy of the tendered application will be available for public inspection 
at the NRC Web site, http://www.nrc.gov, and/or at the NRC Public 
Document Room. Generally, the determination on acceptability for 
docketing will be made within a period of thirty (30) days. However, in 
selected construction permit applications, the Commission may decide to 
determine acceptability on the basis of the technical adequacy of the 
application as well as its completeness. In these cases, the Commission, 
pursuant to Sec. 2.104(a), will direct that the notice of hearing be 
issued as soon as practicable after the application has been tendered, 
and the determination of acceptability will be made generally within a 
period of sixty (60) days. For docketing and other requirements for 
applications pursuant to part 61 of this chapter, see paragraph (g) of 
this section.
    (3) If the Director of Nuclear Reactor Regulation or Director of 
Nuclear Material Safety and Safeguards, as appropriate, determines that 
a tendered application for a construction permit or operating license 
for a production or utilization facility, and/or any environmental 
report required pursuant to subpart A of part 51 of this chapter, or 
part thereof as provided in paragraphs (a)(5) or (a-1) of this section 
are complete and acceptable for docketing, a docket number will be 
assigned to the application or part thereof, and the applicant will be 
notified of the determination. With respect to the tendered application 
and/or environmental report or part thereof that is acceptable for 
docketing, the applicant will be requested to:
    (i) Submit to the Director of Nuclear Reactor Regulation or Director 
of Nuclear Material Safety and Safeguards, as appropriate, such 
additional copies

[[Page 24]]

as the regulations in part 50 and subpart A of part 51 require;
    (ii) Serve a copy on the chief executive of the municipality in 
which the facility is to be located or, if the facility is not to be 
located within a municipality, on the chief executive of the county, and 
serve a notice of availability of the application or environmental 
report on the chief executives of the municipalities or counties which 
have been identified in the application or environmental report as the 
location of all or part of the alternative sites, containing the 
following information: Docket number of the application, a brief 
description of the proposed site and facility; the location of the site 
and facility as primarily proposed and alternatively listed; the name, 
address, and telephone number of the applicant's representative who may 
be contacted for further information; notification that a draft 
environmental impact statement will be issued by the Commission and will 
be made available upon request to the Commission; and notification that 
if a request is received from the appropriate chief executive, the 
applicant will transmit a copy of the application and environmental 
report, and any changes to such documents which affect the alternative 
site location, to the executive who makes the request. In complying with 
the requirements of this paragraph (a)(3)(ii) the applicant should not 
make public distribution of those parts of the application subject to 
Sec. 2.790(d). The applicant shall submit to the Director of Nuclear 
Reactor Regulation an affidavit that service of the notice of 
availability of the application or environmental report has been 
completed along with a list of names and addresses of those executives 
upon whom the notice was served; and
    (iii) Make direct distribution of additional copies to Federal, 
State, and local officials in accordance with the requirements of this 
chapter and written instructions furnished to the applicant by the 
Director of Nuclear Reactor Regulation or Director of Nuclear Material 
Safety and Safeguards, as appropriate. Such written instructions will be 
furnished as soon as practicable after all or any part of the 
application, or environmental report, is tendered. The copies submitted 
to the Director of Nuclear Reactor Regulation or Director of Nuclear 
Material Safety and Safeguards, as appropriate, and distributed by the 
applicant shall be completely assembled documents, identified by docket 
number. Subsequently distributed amendments to applications, however, 
may include revised pages to previous submittals and, in such cases, the 
recipients will be responsible for inserting the revised pages.
    (4) The tendered application for a construction permit or operating 
license for a production or utilization facility will be formally 
docketed upon receipt by the Director of Nuclear Reactor Regulation or 
Director of Nuclear Material Safety and Safeguards, as appropriate, of 
the required additional copies. Distribution of the additional copies 
shall be deemed to be complete as of the time the copies are deposited 
in the mail or with a carrier prepaid for delivery to the designated 
addresses. The date of docketing shall be the date when the required 
copies are received by the Director of Nuclear Reactor Regulation or 
Director of Nuclear Material Safety and Safeguards, as appropriate. 
Within ten (10) days after docketing the applicant shall submit to the 
Director of Nuclear Reactor Regulation or Director of Nuclear Material 
Safety and Safeguards, as appropriate, an affidavit that distribution of 
the additional copies to Federal, State, and local officials has been 
completed in accordance with requirements of this chapter and written 
instructions furnished to the applicant by the Director of Nuclear 
Reactor Regulation or Director of Nuclear Material Safety and 
Safeguards, as appropriate. Amendments to the application and 
environmental report shall be filed and distributed and an affidavit 
shall be furnished to the Director of Nuclear Reactor Regulation or 
Director of Nuclear Material Safety and Safeguards, as appropriate, in 
the same manner as for the initial application and environmental report. 
If it is determined that all or any part of the tendered application 
and/or environmental report is incomplete and therefore not acceptable 
for processing, the applicant will be informed of this determination, 
and the

[[Page 25]]

respects in which the document is deficient.
    (5) An applicant for a construction permit for a production or 
utilization facility which is subject to Sec. 51.20(b) of this chapter, 
and is of the type specified in Sec. 50.21(b) (2) or (3) or Sec. 50.22 
of this chapter or is a testing facility may submit the information 
required of applicants by part 50 of the chapter in three parts. One 
part shall be accompanied by the information required by Sec. 50.30(f) 
of this chapter, another part shall include any information required by 
Sec. 50.34(a) and, if applicable, Sec. 50.34a of this chapter and a 
third part shall include any information required by Sec. 50.33a. One 
part may precede or follow other parts by no longer than six (6) months 
except that the part including information required by Sec. 50.33a shall 
be submitted in accordance with time periods specified in Sec. 50.33a. 
If an applicant for a construction permit for a nuclear power reactor is 
exempted pursuant to Sec. 50.33a of this chapter from filing the 
information described by Sec. 50.33a of this chapter, such applicant 
shall file with the first part of its application an affidavit setting 
forth facts as to the electrical generating capacity of its system. If 
it is determined that any one of the parts as described above is 
incomplete and not acceptable for processing, the Director of Nuclear 
Reactor Regulation or Director of Nuclear Material Safety and 
Safeguards, as appropriate, will inform the applicant of this 
determination and the respects in which the document is deficient. Such 
a determination of completeness will generally be made within a period 
of thirty (30) days. Except for the part including information required 
by Sec. 50.33a, whichever part is filed first shall also include the fee 
required by Secs. 50.30(e) and 170.21 of this chapter and the 
information required by Secs. 50.33, 50.34((a)(1), and 50.37 of this 
chapter. The Director of Nuclear Reactor Regulation or Director of 
Nuclear Material Safety and Safeguards, as appropriate, will accept for 
docketing an application for a construction permit for a production or 
utilization facility which is subject to Sec. 51.20(b) of this chapter, 
and is of the type specified in Sec. 50.21(b) (2) or (3) or Sec. 50.22 
of this chapter or is a testing facility where one part of the 
application as described above is complete and conforms to the 
requirements of part 50 of this chapter. Additional parts will be 
docketed upon a determination by the Director of Nuclear Reactor 
Regulation or Director of Nuclear Material Safety and Safeguards, as 
appropriate, that they are complete.
    (a-1) Early consideration of site suitability issues. An applicant 
for a construction permit for a utilization facility which is subject to 
Sec. 51.20(b) of this chapter and is of the type specified in 
Sec. 50.21(b) (2) or (3) or Sec. 50.22 of this chapter or is a testing 
facility, may request that the Commission conduct an early review and 
hearing and render an early partial decision in accordance with subpart 
F on issues of site suitability within the purview of the applicable 
provisions of parts 50, 51 and 100 of this chapter. In such cases, the 
applicant for the construction permit may submit the information 
required of applicants by the provisions of this chapter in three or (in 
the case of nuclear power reactors) four parts:
    (1) Part one shall include or be accompanied by any information 
required by Secs. 50.34(a)(1) and 50.30(f) of this chapter which relates 
to the issue(s) of site suitability for which an early review, hearing 
and partial decision are sought, except that information with respect to 
operation of the facility at the projected initial power level need not 
be supplied, and shall include the information required by Secs. 50.33 
(a) through (e) and 50.37 of this chapter. The information submitted 
shall also include: (i) Proposed findings on the issues of site 
suitability on which the applicant has requested review and a statement 
of the bases or the reasons for those findings, (ii) a range of 
postulated facility design and operation parameters that is sufficient 
to enable the Commission to perform the requested review of site 
suitability issues under the applicable provisions of parts 50, 51 and 
100, and (iii) information concerning the applicant's site selection 
process and long-range plans for ultimate development of the site 
required by Sec. 2.603(b)(1).

[[Page 26]]

    (2) Part two shall include or be accompanied by the remaining 
information required by Secs. 50.30(f), 50.33 and 50.34(a)(1) of this 
chapter.
    (3) Part three shall include the remaining information required by 
Secs. 50.34a and (in the case of a nuclear power reactor) 50.34(a) of 
this chapter.
    (4) The information required for part two or part three shall be 
submitted during the period the partial decision on part one is 
effective. Submittal of the information required for part three may 
precede by no more than six months or follow by no more than six months 
the submittal of the information required for part two.
    (5) Part four,\1\ which is only required when the application is for 
a construction permit for a nuclear power reactor, shall include any 
information required by Sec. 50.33a of this chapter and shall be filed 
in accordance with the time periods specified in Sec. 50.33a.
---------------------------------------------------------------------------

    \1\ For a construction permit application in four parts, part four 
shall be filed second in time since it must precede both parts two and 
three by a period of from 9 months to 3 years.
---------------------------------------------------------------------------

    (b) After the application has been docketed each applicant for a 
license for receipt of waste radioactive material from other persons for 
the purpose of commercial disposal by the waste disposal licensee except 
applicants under part 61 of this chapter, who must comply with paragraph 
(g) of this section, shall serve a copy of the application and 
environmental report, as appropriate, on the chief executive of the 
municipality in which the activity is to be conducted or, if the 
activity is not to be conducted within a municipality on the chief 
executive of the county, and serve a notice of availability of the 
application or environmental report on the chief executives of the 
municipalities or counties which have been identified in the application 
or environmental report as the location of all or part of the 
alternative sites, containing the following information: Docket number 
of the application; a brief description of the proposed site and 
facility; the location of the site and facility as primarily proposed 
and alternatively listed; the name, address, and telephone number of the 
applicant's representative who may be contacted for further information; 
notification that a draft environmental impact statement will be issued 
by the Commission and will be made available upon request to the 
Commission; and notification that if a request is received from the 
appropriate chief executive, the applicant will transmit a copy of the 
application and environmental report, and any changes to such documents 
which affect the alternative site location, to the executive who makes 
the request. In complying with the requirements of this paragraph (b) 
the applicant should not make public distribution of those parts of the 
application subject to Sec. 2.790(d). The applicant shall submit to the 
Director of Nuclear Material Safety and Safeguards an affidavit that 
service of the notice of availability of the application or 
environmental report has been completed along with a list of names and 
addresses of those executives upon whom the notice was served.
    (c) The notice published in the Federal Register announcing 
docketing of the antitrust information portion of an application for a 
facility construction permit under section 103 of the Act, except for 
those applications described in Secs. 2.101(e) and 2.102(d)(2), shall 
state that:
    (1) The portion of the application filed contains the information 
requested by the Attorney General for the purpose of an antitrust review 
of the application as set forth in appendix L to part 50 of this 
chapter;
    (2) Upon receipt and acceptance for docketing of the remaining 
portions of the application dealing with radiological health and safety 
and environmental matters, notice of receipt will be published in the 
Federal Register including an appropriate notice of hearing; and
    (3) Any person who wishes to have his views on the antitrust matters 
of the application considered by the NRC and presented to the Attorney 
General for consideration should submit such views within sixty (60) 
days after publication of the notice announcing receipt and docketing of 
the antitrust information to the U.S. Nuclear Regulatory Commission, 
Washington, DC 20555, Attention: Chief, Policy Development and Technical 
Support Branch.

[[Page 27]]

    (d) The Director of Nuclear Reactor Regulation or Director of 
Nuclear Material Safety and Safeguards, as appropriate, will give notice 
of the docketing of the public health and safety, common defense and 
security, and environmental parts of an application for a license for a 
facility or for receipt of waste radioactive material from other persons 
for the purpose of commercial disposal by the waste disposal licensee, 
except that for applications pursuant to part 61 of this chapter 
paragraph (g) of this section applies, to the Governor or other 
appropriate official of the State in which the facility is to be located 
or the activity is to be conducted and will cause to be published in the 
Federal Register a notice of docketing of the application which states 
the purpose of the application and specifies the location at which the 
proposed activity would be conducted.
    (e)(1) Upon receipt of the antitrust information responsive to 
Regulatory Guide 9.3 submitted in connection with an application for a 
facility's initial operating license under section 103 of the Act, the 
Director of Nuclear Reactor Regulation or the Director of Nuclear 
Material Safety and Safeguards, as appropriate, shall publish in the 
Federal Register and in appropriate trade journals a ``Notice of Receipt 
of Initial Operating License Antitrust Information.'' The notice shall 
invite persons to submit, within thirty (30) days after publication of 
the notice, comments or information concerning the antitrust aspects of 
the application to assist the Director in determining, pursuant to 
section 105c of the Act, whether significant changes in the licensee's 
activities or proposed activities have occurred since the completion of 
the previous antitrust review in connection with the construction 
permit. The notice shall also state that persons who wish to have their 
views on the antitrust aspects of the application considered by the NRC 
and presented to the Attorney General for consideration should submit 
such views within thirty (30) days after publication of the notice to: 
U.S. Nuclear Regulatory Commission, Washington, DC 20555. Attention: 
Chief, Policy Development and Technical Support Branch.
    (2) If the Director of Nuclear Reactor Regulation or the Director of 
Nuclear Material Safety and Safeguards, as appropriate, after reviewing 
any comments or information received in response to the published notice 
and any comments or information regarding the applicant received from 
the Attorney General, concludes that there have been no significant 
changes since the completion of the previous antitrust review in 
connection with the construction permit, a finding of no significant 
changes shall be published in the Federal Register, together with a 
notice stating that any request for reevaluation of such finding should 
be submitted within thirty (30) days of publication of the notice. If no 
requests for reevaluation are received within that time, the finding 
shall become the NRC's final determination. Requests for a reevaluation 
of the no significant changes determination may be accepted after the 
date when the Director's finding becomes final but before the issuance 
of the initial operating license only if they contain new information, 
such as information about facts or events of antitrust significance that 
have occurred since that date, or information that could not reasonably 
have been submitted prior to that date.
    (3) If, as a result of a reevaluation of the finding described in 
paragraph (e)(2) of this section, it is determined that there have been 
no significant changes, the Director of Nuclear Reactor Regulation or 
the Director of Nuclear Material Safety and Safeguards, as appropriate, 
shall deny the request and shall publish a notice of finding of no 
significant changes in the Federal Register. The notice and finding 
become the final NRC decision thirty (30) days after being made and only 
in the event that the Commission has not exercised sua sponte review.
    (4) If the Director of Nuclear Reactor Regulation or the Director of 
Nuclear Material Safety and Safeguards, as appropriate, concludes that 
significant changes have occurred since the completion of the antitrust 
review in connection with the construction permit, then the provisions 
of Sec. 2.102(d) apply.
    (f)(1) Each application for a license to receive and possess high-
level radioactive waste at a geologic repository

[[Page 28]]

operations area pursuant to part 60 or 63 of this chapter, and any 
environmental impact statement required in connection therewith pursuant 
to subpart A of part 51 of this chapter, shall be processed in 
accordance with the provisions of this paragraph.
    (2) To allow a determination as to whether the application is 
complete and acceptable for docketing, it will be initially treated as a 
tendered document, and a copy will be available for public inspection in 
the Commission's Public Document Room. Twenty copies shall be filed to 
enable this determination to be made.
    (3) If the Director of Nuclear Material Safety and Safeguards 
determines that the tendered document is complete and acceptable for 
docketing, a docket number will be assigned and the applicant will be 
notified of the determination. If it is determined that all or any part 
of the tendered document is incomplete and therefore not acceptable for 
processing, the applicant will be informed of this determination and the 
respects in which the document is deficient.
    (4) [Reserved]
    (5) If a tendered document is acceptable for docketing, the 
applicant will be requested to submit to the Director of Nuclear 
Material Safety and Safeguards such additional copies of the application 
and environmental impact statement as the regulations in part 60 or 63 
and subpart A of part 51 of this chapter require; serve a copy of such 
application and environmental impact statement on the chief executive of 
the municipality in which the geologic repository operations area is to 
be located, or if the geologic repository operations area is not to be 
located within a municipality, on the chief executive of the county (or 
to the Tribal organization, if it is to be located within an Indian 
reservation); and make direct distribution of additional copies to 
Federal, State, Indian Tribe, and local officials in accordance with the 
requirements of this chapter, and written instructions from the Director 
of Nuclear Material Safety and Safeguards. All such copies shall be 
completely assembled documents, identified by docket number. 
Subsequently distributed amendments to the application, however, may 
include revised pages to previous submittals and, in such cases, the 
recipients are responsible for inserting the revised pages.
    (6) The tendered document will be formally docketed upon receipt by 
the Director of Nuclear Material Safety and Safeguards of the required 
additional copies. The date of docketing shall be the date when the 
required copies are received by the Director of Nuclear Material Safety 
and Safeguards. Within ten (10) days after docketing, the applicant 
shall submit to the Director of Nuclear Material Safety and Safeguards a 
written statement that distribution of the additional copies to Federal, 
State, Indian Tribe, and local officials has been completed in 
accordance with requirements of this chapter and written instructions 
furnished to the applicant by the Director of Nuclear Material Safety 
and Safeguards. Distribution of the additional copies shall be deemed to 
be complete as of the time the copies are deposited in the mail or with 
a carrier prepaid for delivery to the designated addressees.
    (7) Amendments to the application and supplements to the 
environmental impact statement shall be filed and distributed and a 
written statement shall be furnished to the Director of Nuclear Material 
Safety and Safeguards in the same manner as for the initial application 
and environmental impact statement.
    (8) The Director of Nuclear Material Safety and Safeguards will 
cause to be published in the Federal Register a notice of docketing 
which identifies the State and location at which the proposed geologic 
repository operations area would be located and will give notice of 
docketing to the governor of that State. The notice of docketing will 
state that the Commission finds that a hearing is required in the public 
interest, prior to issuance of a construction authorization, and will 
recite the matters specified in Sec. 2.104(a) of this part.
    (g) Each application for a license to receive radioactive waste from 
other persons for disposal under part 61 of this chapter and the 
accompanying environmental report shall be processed

[[Page 29]]

in accordance with the provisions of this paragraph.
    (1) To allow a determination as to whether the application or 
environmental report is complete and acceptable for docketing, it will 
be initially treated as a tendered document, and a copy will be 
available for public inspection in the Commission's Public Document 
Room, 2120 L Street, NW., Washington, DC. One original and two copies 
shall be filed to enable this determination to be made.
    (i) Upon receipt of a tendered application, the Commission will 
publish in the Federal Register notice of the filed application and will 
notify the governors, legislatures and other appropriate State, county, 
and municipal officials and tribal governing bodies of the States and 
areas containing or potentially affected by the activities at the 
proposed site and the alternative sites. The Commission will inform 
these officials that the Commission staff will be available for 
consultation pursuant to Sec. 61.71 of this chapter. The Federal 
Register notice will note the opportunity for interested persons to 
submit views and comments on the tendered application for consideration 
by the Commission and applicant. The Commission will also notify the 
U.S. Bureau of Indian Affairs when tribal governing bodies are notified.
    (ii) The Commission will also post a public notice in a newspaper or 
newspapers of general circulation in the affected States and areas 
summarizing information contained in the applicant's tendered 
application and noting the opportunity to submit views and comments.
    (iii) When the Director of Nuclear Material Safety and Safeguards 
determines that the tendered document is complete and acceptable for 
docketing, a docket number will be assigned and the applicant will be 
notified of the determination. If it is determined that all or any part 
of the tendered document is incomplete and therefore not acceptable for 
processing, the applicant will be informed of this determination and the 
aspects in which the document is deficient.
    (2) With respect to any tendered document that is acceptable for 
docketing, the applicant will be requested to (i) submit to the Director 
of Nuclear Material Safety and Safeguards such additional copies as the 
regulations in part 61 and subpart A of part 51 of this chapter require, 
(ii) serve a copy on the chief executive of the municipality in which 
the waste is to be disposed of or, if the waste is not to be disposed of 
within a municipality, serve a copy on the chief executive of the county 
in which the waste is to be disposed of, (iii) make direct distribution 
of additional copies to Federal, State, Indian Tribe, and local 
officials in accordance with the requirements of this chapter and 
written instructions from the Director of Nuclear Material Safety and 
Safeguards, and (iv) serve a notice of availability of the application 
and environmental report on the chief executives or governing bodies of 
the municipalities or counties which have been identified in the 
application and environmental report as the location of all or part of 
the alternative sites if copies are not distributed under paragraph 
(g)(2)(iii) of this section to the executives or bodies. All distributed 
copies shall be completely assembled documents identified by docket 
number. Subsequently distributed amendments, however, may include 
revised pages to previous submittals and, in such cases, the recipients 
will be responsible for inserting the revised pages. In complying with 
the requirements of paragraph (g) of this section the applicant shall 
not make public distribution of those parts of the application subject 
to Sec. 2.790(d).
    (3) The tendered document will be formally docketed upon receipt by 
the Director of Nuclear Material Safety and Safeguards of the required 
additional copies. Distribution of the additional copies shall be deemed 
to be complete as of the time the copies are deposited in the mail or 
with a carrier prepaid for delivery to the designated addressees. The 
date of docketing shall be the date when the required copies are 
received by the Director of Nuclear Material Safety and Safeguards. 
Within ten (10) days after docketing, the applicant shall submit to the 
Director of Nuclear Material Safety and Safeguards a written statement 
that distribution of the additional copies to Federal, State, Indian 
Tribe, and local

[[Page 30]]

officials has been completed in accordance with requirements of this 
section and written instructions furnished to the applicant by the 
Director of Nuclear Material Safety and Safeguards.
    (4) Amendments to the application and environmental report shall be 
filed and distributed and a written statement shall be furnished to the 
Director of Nuclear Material Safety and Safeguards in the same manner as 
for the initial application and environmental report.
    (5) The Director of Nuclear Material Safety and Safeguards will 
cause to be published in the Federal Register a notice of docketing 
which identifies the State and location of the proposed waste disposal 
facility and will give notice of docketing to the governor of that State 
and other officials listed in paragraph (g)(3) of this section and, in a 
reasonable period thereafter, publish in the Federal Register a notice 
pursuant to Sec. 2.105 offering opportunity to request a hearing to the 
applicant and other affected persons.

[41 FR 15833, Apr. 15, 1976; 41 FR 16793, Apr. 22, 1976, as amended at 
42 FR 22885, May 5, 1977; 43 FR 46293, Oct. 6, 1978; 44 FR 60716, Oct. 
22, 1979; 46 FR 13976, Feb. 25, 1981; 47 FR 9985, Mar. 9, 1982; 47 FR 
57477, Dec. 27, 1982; 49 FR 9399, Mar. 12, 1984; 52 FR 31608, Aug. 21, 
1987; 53 FR 43419, Oct. 27, 1988; 54 FR 27869, July 3, 1989; 63 FR 
66730, Dec. 3, 1998; 64 FR 48947, Sept. 9, 1999; 65 FR 44659, July 19, 
2000; 66 FR 55787, Nov. 2, 2001]

Sec. 2.102  Administrative review of application.

    (a) During review of an application by the staff, an applicant may 
be required to supply additional information. The staff may request any 
one party to the proceeding to confer with the staff informally. In the 
case of a docketed application for a construction permit or an operating 
license for a facility, the staff shall establish a schedule for its 
review of the application, specifying the key intermediate steps from 
the time of docketing until the completion of its review.
    (b) The Director of Nuclear Reactor Regulation or Director of 
Nuclear Material Safety and Safeguards, as appropriate, will refer the 
docketed application to the ACRS as required by law and in such 
additional cases as he or the Commission may determine to be 
appropriate. The ACRS will render to the Commission one or more reports 
as required by law or as requested by the Commission.
    (c) The Director of Nuclear Reactor Regulation or Director of 
Nuclear Material Safety and Safeguards, as appropriate, will make each 
report of the ACRS a part of the record of the docketed application, and 
transmit copies to the appropriate State and local officials.
    (d)(1) Except as provided in paragraph (d)(2) of this section, the 
Director of Nuclear Reactor Regulation or Director of Nuclear Material 
Safety and Safeguards, as appropriate, will refer and transmit a copy of 
each docketed application for a construction permit or an operating 
license for a utilization or production facility under section 103 of 
the Act to the Attorney General as required by section 105c of the Act.
    (2) The requirements of paragraph (d)(1) of this section do not 
apply to an application for an operating license for a production or 
utilization facility under section 103 of the Act for which the 
construction permit was also issued under section 103, unless the 
Director of Nuclear Reactor Regulation or the Director of Nuclear 
Material Safety and Safeguards, as appropriate, determines, after 
consultation with the Attorney General and in accordance with 
Sec. 2.101(e), that such review is advisable on the ground that 
significant changes in the licensee's activities or proposed activities 
have occurred subsequent to the previous review of the Attorney General 
and the Commission under section 105c of the Act in connection with the 
construction permit.
    (3) The Director of Nuclear Reactor Regulation or Director of 
Nuclear Material Safety and Safeguards, as appropriate, will cause the 
Attorney General's advice received pursuant to paragraph (d)(1) of this 
section to be published in the Federal Register promptly upon receipt, 
and will make such advice a part of the record in any proceeding on 
antitrust matters conducted in accordance with subsection 105c(5) and 
section 189a of the Act. The Director of Nuclear Reactor Regulation or 
Director of Nuclear Material Safety and Safeguards, as appropriate, will

[[Page 31]]

also cause to be published in the Federal Register a notice that the 
Attorney General has not rendered any such advice. Any notice published 
in the Federal Register pursuant to this subparagraph will also include 
a notice of hearing, if appropriate, or will state that any person whose 
interest may be affected by the proceeding may, pursuant to and in 
accordance with Sec. 2.714, file a petition for leave to intervene and 
request a hearing on the antitrust aspects of the application. The 
notice will state that petitions for leave to intervene and requests for 
hearing shall be filed within 30 days after publication of the notice.

[27 FR 377, Jan. 13, 1962, as amended at 36 FR 13270, July 17, 1971; 37 
FR 15130, July 28, 1972; 47 FR 9986, Mar. 9, 1982]

Sec. 2.103  Action on applications for byproduct, source, special 
          nuclear material, and operator licenses.

    (a) If the Director of Nuclear Reactor Regulation or the Director of 
Nuclear Material Safety and Safeguards, as appropriate, finds that an 
application for a byproduct, source, special nuclear material, or 
operator license complies with the requirements of the Act, the Energy 
Reorganization Act, and this chapter, he will issue a license. If the 
license is for a facility, or for the receipt of waste radioactive 
material from other persons for the purpose of commercial disposal by 
the waste disposal licensee, or if it is to receive and possess high-
level radioactive waste at a geologic repository operations area 
pursuant to part 60 or 63 of this chapter, the Director of Nuclear 
Reactor Regulation or the Director of Nuclear Material Safety and 
Safeguards, as appropriate, will inform the State, Tribal, and local 
officials specified in Sec. 2.104(e) of the issuance of the license. For 
notice of issuance requirements for licenses issued pursuant to part 61 
of this chapter, see Sec. 2.106(d).
    (b) If the Director of Nuclear Reactor Regulation or Director of 
Nuclear Material Safety and Safeguards, as appropriate, finds that an 
application does not comply with the requirements of the Act and this 
chapter he may issue a notice of proposed denial or a notice of denial 
of the application and inform the applicant in writing of:
    (1) The nature of any deficiencies or the reason for the proposed 
denial or the denial, and
    (2) The right of the applicant to demand a hearing within twenty 
(20) days from the date of the notice or such longer period as may be 
specified in the notice.

[28 FR 10152, Sept. 17, 1963, as amended at 47 FR 57478, Dec. 27, 1982; 
66 FR 55787, Nov. 2, 2001]

                  Hearing on Application--How Initiated

Sec. 2.104  Notice of hearing.

    (a) In the case of an application on which a hearing is required by 
the Act or this chapter, or in which the Commission finds that a hearing 
is required in the public interest, the Secretary will issue a notice of 
hearing to be published in the Federal Register as required by law at 
least fifteen (15) days, and in the case of an application concerning a 
construction permit for a facility of the type described in 
Sec. 50.21(b) or Sec. 50.22 of this chapter or a testing facility, at 
least thirty (30) days, prior to the date set for hearing in the notice. 
\1\ In addition, in the case of an application for a construction permit 
for a facility of the type described in Sec. 50.22 of this chapter, or a 
testing facility, the notice (other than a notice pursuant to paragraph 
(d) of this section) shall be issued as soon as practicable after the 
application has been docketed: Provided, That if the Commission, 
pursuant to Sec. 2.101(a)(2), decides to determine the acceptability of 
the application on the basis of its technical adequacy as well as 
completeness, the notice shall be issued as soon as practicable after

[[Page 32]]

the application has been tendered. The notice will state:
---------------------------------------------------------------------------

    \1\ If the notice of hearing concerning an application for a 
construction permit for a facility of the type described in 
Sec. 50.21(b) or Sec. 50.22 of this chapter or a testing facility does 
not specify the time and place of initial hearing, a subsequent notice 
will be published in the Federal Register which will provide at least 
thirty (30) days notice of the time and place of that hearing. After 
this notice is given the presiding officer may reschedule the 
commencement of the initial hearing for a later date or reconvene a 
recessed hearing without again providing thirty (30) days notice.
---------------------------------------------------------------------------

    (1) The time, place, and nature of the hearing and/or prehearing 
conference, if any;
    (2) The authority under which the hearing is to be held;
    (3) The matters of fact and law to be considered; and
    (4) The time within which answers to the notice shall be filed.
    (b) In the case of an application for a construction permit for a 
facility on which the Act requires a hearing, the notice of hearing 
will, except as provided in paragraph (d) of this section and unless the 
Commission determines otherwise, state, in implementation of paragraph 
(a)(3) of this section:
    (1) That, if the proceeding is a contested proceeding, the presiding 
officer will consider the following issues: \2\
---------------------------------------------------------------------------

    \2\ Issues (i) to (iv) are the issues pursuant to the Atomic Energy 
Act of 1954, as amended. Issue (v) is the issue pursuant to the National 
Environmental Policy Act of 1969.
---------------------------------------------------------------------------

    (i) Whether in accordance with the provisions of Sec. 50.35(a) of 
this chapter:
    (a) The applicant has described the proposed design of the facility, 
including, but not limited to, the principal architectural and 
engineering criteria for the design, and has identified the major 
features or components incorporated therein for the protection of the 
health and safety of the public;
    (b) Such further technical or design information as may be required 
to complete the safety analysis, and which can reasonably be left for 
later consideration will be supplied in the final safety analysis 
report;
    (c) Safety features or components, if any, which require research 
and development, have been described by the applicant and the applicant 
has identified, and there will be conducted, a research and development 
program reasonably designed to resolve any safety questions associated 
with such features or components; and
    (d) On the basis of the foregoing, there is reasonable assurance 
that (1) such safety questions will be satisfactorily resolved at or 
before the latest date stated in the application for completion of the 
proposed facility; and (2) taking into consideration the site criteria 
contained in part 100 of this chapter, the proposed facility can be 
constructed and operated at the proposed location without undue risk to 
the health and safety of the public;
    (ii) Whether the applicant is technically qualified to design and 
construct the proposed facility;
    (iii) Whether the applicant is financially qualified to design and 
construct the proposed facility;
    (iv) Whether the issuance of a permit for the construction of the 
facility will be inimical to the common defense and security or to the 
health and safety of the public;
    (v) If the application is for a construction permit for a nuclear 
power reactor, a testing facility, a fuel reprocessing plant, or other 
facility whose construction or operation has been determined by the 
Commission to have a significant impact on the environment, whether, in 
accordance with the requirements of subpart A of part 51 of this 
chapter, the construction permit should be issued as proposed.
    (2) That, if the proceeding is not a contested proceeding, the 
presiding officer will determine:
    (i) Without conducting a de novo evaluation of the application, 
whether the application and the record of the proceeding contain 
sufficient information, and the review of the application by the 
Commission's staff has been adequate to support affirmative findings on 
(b)(1) (i) through (iii) specified in this section and a negative 
finding on (b)(1)(iv) specified in this section proposed to be made and 
the issuance of the construction permit proposed by the Director of 
Nuclear Reactor Regulation or Director of Nuclear Material Safety and 
Safeguards, as appropriate, and
    (ii) If the application is for a construction permit for a nuclear 
power reactor, a testing facility, a fuel processing plant, a uranium 
enrichment facility, or other facility whose construction or operation 
has been determined by the Commission to have a significant impact on 
the environment, whether the review conducted by the Commission pursuant 
to the National Environmental Policy Act (NEPA) has been adequate.
    (3) That, regardless of whether the proceeding is contested or 
uncontested,

[[Page 33]]

the presiding officer will, in accordance with subpart A of part 51 of 
this chapter.
    (i) Determine whether the requirements of section 102(2) (A), (C) 
and (E) of the National Environmental Policy Act and subpart A of part 
51 of this chapter have been complied with in the proceeding;
    (ii) Independently consider the final balance among conflicting 
factors contained in the record of the proceeding with a view to 
determining the appropriate action to be taken; and
    (iii) Determine whether the construction permit should be issued, 
denied, or appropriately conditioned to protect environmental values.
    (c) In the case of an application for an operating license in which 
a hearing will be held, the notice of hearing will, except as provided 
in paragraph (d) of this section and unless the Commission determines 
otherwise, state, in implementation of paragraph (a)(3) of this section, 
that the presiding officer will consider any matters in controversy 
among the parties and may, where he or she determines that a serious 
safety, environmental, or common defense and security matter has not 
been raised by the parties, consider such other matter within the 
purview of:
    (1) Whether there is reasonable assurance that construction of the 
facility will be substantially completed on a timely basis, in 
conformity with the construction permit and the application as amended, 
the provisions of the Act, and the regulations in this chapter;
    (2) Whether the facility will operate in conformity with the 
application as amended, the provisions of the Act, and the regulations 
in this chapter;
    (3) Whether there is reasonable assurance: (i) That the activities 
to be authorized by the operating license can be conducted without 
endangering the health and safety of the public, and (ii) that such 
activities will be conducted in compliance with the regulations in this 
chapter;
    (4) Whether the applicant is technically and financially qualified 
to engage in the activities to be authorized by the operating license in 
accordance with the regulations in this chapter, except that the issue 
of financial qualification shall not be considered by the presiding 
officer in an operating license hearing if the applicant is an electric 
utility seeking a license to operate a utilization facility of the type 
described in Sec. 50.21(b) or Sec. 50.22;
    (5) Whether the applicable provisions of part 140 of this chapter 
have been satisfied;
    (6) Whether issuance of the license will be inimical to the common 
defense and security or to the health and safety of the public; and
    (7) If the application is for an operating license for a nuclear 
power reactor, a testing facility, or a fuel reprocessing plant, or 
other facility whose operation has been determined by the Commission to 
have a significant impact on the environment, whether, in accordance 
with the requirements of subpart A of part 51 of this chapter, the 
operating license should be issued as proposed.\3\
---------------------------------------------------------------------------

    \3\ Issues (1) to (6) are the issues pursuant to the Atomic Energy 
Act of 1954, as amended. Issue (7) is the issue pursuant to the National 
Environmental Policy Act of 1969.
    \4\ As permitted by subsection 105c of the Act, with respect to 
proceedings in which an application for a construction permit was filed 
prior to December 19, 1970, and proceedings in which a written request 
for antitrust review of an application for an operating license to be 
issued under section 104b has been made by a person who intervened or 
sought by timely written notice to the Commission to intervene in the 
construction permit proceeding for the facility to obtain a 
determination of antitrust considerations or to advance a jurisdictional 
basis for such determination within 25 days after the date of 
publication in the Federal Register or notice of filing of the 
application for an operating license or December 19, 1970, whichever is 
later, the Commission may issue a construction permit or operating 
license which contains the conditions specified in Sec. 50.55b of this 
chapter before the antitrust aspects of the application are finally 
resolved.
---------------------------------------------------------------------------

    (d) In an application for a construction permit or an operating 
license for a facility on which a hearing is required by the Act or this 
chapter, or in which the Commission finds that a hearing is required in 
the public interest to consider the antitrust aspects of the 
application, the notice of hearing will, unless the Commission 
determines otherwise, state:
    (1) A time of the hearing, which will be as soon as practicable 
after the receipt of the Attorney General's advice and compliance with 
sections 105 and 189a of the Act and this part; \4\

[[Page 34]]

    (2) The presiding officer for the hearing who shall be either an 
administrative law judge or an atomic safety and licensing board 
established by the Commission or by the Chief Administrative Judge of 
the Atomic Safety and Licensing Board Panel;
    (3) That the presiding officer will consider and decide whether the 
activities under the proposed license would create or maintain a 
situation inconsistent with the antitrust laws described in section 105a 
of the Act; and
    (4) That matters of radiological health and safety and common 
defense and security, and matters raised under the National 
Environmental Policy Act of 1969, will be considered at another hearing 
if otherwise required or ordered to be held, for which a notice will be 
published pursuant to paragraphs (a) and (b) of this section, unless 
otherwise authorized by the Commission.
    (e) The Secretary will give timely notice of the hearing to all 
parties and to other persons, if any, entitled by law to notice. The 
Secretary will transmit a notice of the hearing on an application for a 
license for a production or utilization facility, for a license for 
receipt of waste radioactive material from other persons for the purpose 
of commercial disposal by the waste disposal licensee, for a license 
under part 61 of this chapter, for a license to receive and possess 
high-level radioactive waste at a geologic repository operations area 
pursuant to part 60 or 63 of this chapter, and for a license under part 
72 of this chapter to acquire, receive or possess spent fuel for the 
purpose of storage in an independent spent fuel storage installation 
(ISFSI) to the governor or other appropriate official of the State and 
to the chief executive of the municipality in which the facility is to 
be located or the activity is to be conducted or, if the facility is not 
to be located or the activity conducted within a municipality, to the 
chief executive of the county (or to the Tribal organization, if it is 
to be so located or conducted within an Indian reservation). The 
Secretary will transmit a notice of hearing on an application for a 
license under part 72 of this chapter to acquire, receive or possess 
spent fuel, high-level radioactive waste or radioactive material 
associated with high-level radioactive waste for the purpose of storage 
in a monitored retrievable storage installation (MRS) to the same 
persons who received notice of docketing under Sec. 72.16(e) of this 
chapter.

[27 FR 377, Jan. 13, 1962]

    Editorial Note: For Federal Register citations affecting Sec. 2.104, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and on GPO Access.

Sec. 2.105  Notice of proposed action.

    (a) If a hearing is not required by the Act or this chapter, and if 
the Commission has not found that a hearing is in the public interest, 
it will, prior to acting thereon, cause to be published in the Federal 
Register a notice of proposed action with respect to an application for:
    (1) A license for a facility;
    (2) A license for receipt of waste radioactive material from other 
persons for the purpose of commercial disposal by the waste disposal 
licensee. All licenses issued under part 61 of this chapter shall be so 
noticed;
    (3) An amendment of a license specified in paragraph (a) (1) or (2) 
of this section and which involves a significant hazards consideration;
    (4) An amendment to an operating license for a facility licensed 
under Sec. 50.21(b) or Sec. 50.22 of this chapter or for a testing 
facility, as follows:
    (i) If the Commission determines under Sec. 50.58 of this chapter 
that the amendment involves no significant hazards consideration, though 
it will provide notice of opportunity for ahearing pursuant to this 
section, it may make the amendment immediately effective and grant a 
hearing thereafter; or
    (ii) If the Commission determines under Secs. 50.58 and 50.91 of 
this chapter that an emergency situation exists or that exigent 
circumstances exist and that the amendment involves no significant 
hazards consideration, it will

[[Page 35]]

provide notice of opportunity for a hearing pursuant to Sec. 2.106 (if a 
hearing is requested, it will be held after issuance of the amendment);
    (5) A license to receive and possess high-level radioactive waste at 
a geologic repository operations area pursuant to part 60 or 63 of this 
chapter.
    (6) An amendment to a license specified in paragraph (a)(5) of this 
section, or an amendment to a construction authorization granted in 
proceedings on an application for such a license, when such an amendment 
would authorize actions which may significantly affect the health and 
safety of the public;
    (7) A license under part 72 of this chapter to acquire, receive or 
possess spent fuel for the purpose of storage in an independent spent 
fuel storage installation (ISFSI) or to acquire, receive or possess 
spent fuel, high-level radioactive waste or radioactive material 
associated with high-level radioactive waste for the purpose of storage 
in a monitored retrievable storage installation (MRS);
    (8) An amendment to a license specified in paragraph (a)(7) of this 
section when such an amendment presents a genuine issue as to whether 
the health and safety of the public will be significantly affected; or
    (9) Any other license or amendment as to which the Commission 
determines that an opportunity for a public hearing should be afforded;
    (10) In the case of an application for an operating license for a 
facility of a type described in Sec. 50.21(b) or Sec. 50.22 of this 
chapter or a testing facility, a notice of opportunity for hearing shall 
be issued as soon as practicable after the application has been 
docketed; or
    (11) In the case of an application for a license to receive and 
possess high-level radioactive waste at a geologic repository operations 
area, a notice of opportunity for hearing, as required by this 
paragraph, shall be published prior to Commission action authorizing 
receipt of such wastes; this requirement is in addition to the 
procedures set out in Secs. 2.101(f)(8) and 2.104 of this part, which 
provide for a hearing on the application prior to issuance of a 
construction authorization.
    (b) The notice of proposed action will set forth:
    (1) The nature of the action proposed;
    (2) The manner in which a copy of the safety analysis and of the 
ACRS report, if any, may be obtained or examined.
    (c) If an application for a license is complete enough to permit all 
evaluations, other than completion inspection, necessary for the 
issuance of a construction permit and operating license, the notice of 
proposed issuance of a construction permit may provide that on 
completion of construction and inspection the operating license will be 
issued without further prior notice.
    (d) The notice of proposed action will provide that, within thirty 
(30) days from the date of publication of the notice in the Federal 
Register, or such lesser period authorized by law as the Commission may 
specify:
    (1) The applicant may file a request for a hearing; and
    (2) Any person whose interest may be affected by the proceeding may 
file a request for a hearing or a petition for leave to intervene if a 
hearing has already been requested.
    (e)(1) If no request for a hearing or petition for leave to 
intervene is filed within the time prescribed in the notice, the 
Director of Nuclear Reactor Regulation or the Director of Nuclear 
Material Safety and Safeguards, as appropriate, may take the proposed 
action, inform the appropriate State and local officials, and publish in 
the Federal Register a notice of issuance of the license or other 
action.
    (2) If a request for a hearing or a petition for leave to intervene 
is filed within the time prescribed in the notice, the presiding officer 
who shall be an Atomic Safety and Licensing Board established by the 
Commission or by the Chief Administrative Judge of the Atomic Safety and 
Licensing Board Panel, will rule on the request and/or petition, and the 
Secretary or the presiding officer will issue a notice of hearing or an 
appropriate order. The presiding officer designated to rule on a request 
or petition concerning the antitrust aspects of an application may be 
either an Administrative Law Judge or an Atomic Safety and Licensing 
Board.
    (f) Applications for facility licenses under section 103 of the Act 
and for facility operating licenses under section

[[Page 36]]

104b of the Act as to which any person intervened or sought by timely 
written notice to the Commission to intervene in the construction permit 
proceeding to obtain a determination of antitrust considerations or to 
advance a jurisdictional basis for such determination are also subject 
to the provisions of Secs. 2.101(b) and 2.102(d).

[27 FR 377, Jan. 13, 1962]

    Editorial Note: For Federal Register citations affecting Sec. 2.105, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and on GPO Access.

Sec. 2.106  Notice of issuance.

    (a) The Director of Nuclear Reactor Regulation or Director of 
Nuclear Material Safety and Safeguards, as appropriate, will cause to be 
published in the Federal Register notice of, and will inform the State 
and local officials specified in Sec. 2.104(e) of the issuance of:
    (1) A license or an amendment of a license for which a notice of 
proposed action has been previously published; and
    (2) An amendment of a license for a facility of the type described 
in Sec. 50.21(b) or Sec. 50.22 of this chapter, or a testing facility, 
whether or not a notice of proposed action has been previously 
published.
    (b) The notice of issuance will set forth:
    (1) The nature of the license or amendment;
    (2) The manner in which copies of the safety analysis, if any, may 
be obtained and examined; and
    (3) A finding that the application for the license or amendment 
complies with the requirements of the Act and this chapter.
    (c) The Director of Nuclear Material Safety and Safeguards will also 
cause to be published in the Federal Register notice of, and will inform 
the State, local, and Tribal officials specified in Sec. 2.104(e) of any 
action with respect to, an application for a license to receive and 
possess high-level radioactive waste at a geologic repository operations 
area pursuant to part 60 or 63 of this chapter, or for the amendment to 
such license for which a notice of proposed action has been previously 
published.
    (d) The Director of Nuclear Material Safety and Safeguards will also 
cause to be published in the Federal Register notice of, and will inform 
the State and local officials or tribal governing body specified in 
Sec. 2.104(e) of any licensing action with respect to a license to 
receive radioactive waste from other persons for disposal under part 61 
of this chapter or the amendment of such a license for which a notice of 
proposed action has been previously published.

[37 FR 15131, July 28, 1972, as amended at 38 FR 9586, Apr. 18, 1973; 46 
FR 13978, Feb. 25, 1981; 47 FR 57478, Dec. 27, 1982; 66 FR 55787, Nov. 
2, 2001]

Sec. 2.107  Withdrawal of application.

    (a) The Commission may permit an applicant to withdraw an 
application prior to the issuance of a notice of hearing on such terms 
and conditions as it may prescribe, or may, on receiving a request for 
withdrawal of an application, deny the application or dismiss it with 
prejudice. Withdrawal of an application after the issuance of a notice 
of hearing shall be on such terms as the presiding officer may 
prescribe.
    (b) The withdrawal of an application does not authorize the removal 
of any document from the files of the Commission.
    (c) The Director of Nuclear Reactor Regulation or Director of 
Nuclear Material Safety and Safeguards, as appropriate, will cause to be 
published in the Federal Register a notice of the withdrawal of an 
application if notice of receipt of the application has been previously 
published.

[27 FR 377, Jan. 13, 1962, as amended at 28 FR 10152, Sept. 17, 1963]

Sec. 2.108  Denial of application for failure to supply information.

    (a) The Director of Nuclear Reactor Regulation or Director of 
Nuclear Material Safety and Safeguards, as appropriate, may deny an 
application if an applicant fails to respond to a request for additional 
information within thirty (30) days from the date of the request, or 
within such other time as may be specified.

[[Page 37]]

    (b) The Director of Nuclear Reactor Regulation or Director of 
Nuclear Material Safety and Safeguards, as appropriate, will cause to be 
published in the Federal Register a notice of denial when notice of 
receipt of the application has previously been published, but not notice 
of hearing has yet been published. The notice of denial will provide 
that, within thirty (30) days after the date of publication in the 
Federal Register (1) the applicant may demand a hearing, and (2) any 
person whose interest may be affected by the proceeding may file a 
petition for leave to intervene.
    (c) When both a notice of receipt of the application and a notice of 
hearing have been published, the presiding officer, upon a motion made 
by the staff pursuant to Sec. 2.730, will rule whether an application 
should be denied by the Director of Nuclear Reactor Regulation or 
Director of Nuclear Material Safety and Safeguards, as appropriate, 
pursuant to paragraph (a).

[27 FR 377, Jan. 13, 1962, as amended at 39 FR 43195, Dec. 11, 1974]

Sec. 2.109  Effect of timely renewal application.

    (a) Except for the renewal of an operating license for a nuclear 
power plant under 10 CFR 50.21(b) or 50.22, if, at least 30 days prior 
to the expiration of an existing license authorizing any activity of a 
continuing nature, the licensee files an application for a renewal or 
for a new license for the activity so authorized, the existing license 
will not be deemed to have expired until the application has been 
finally determined.
    (b) If the licensee of a nuclear power plant licensed under 10 CFR 
50.21(b) or 50.22 files a sufficient application for renewal of an 
operating license at least 5 years prior to the expiration of the 
existing license, the existing license will not be deemed to have 
expired until the application has been finally determined.

[56 FR 64975, Dec. 13, 1991]

Sec. 2.110  Filing and administrative action on submittals for design 
          review or early review of site suitability issues.

    (a)(1) A submittal pursuant to appendix O of part 52 of this chapter 
shall be subject to Secs. 2.101(a) and 2.790 to the same extent as if it 
were an application for a permit or license.
    (2) Except as specifically provided otherwise by the provisions of 
appendix Q to part 52 of this chapter, a submittal pursuant to appendix 
Q shall be subject to Sec. 2.101(a) (2) through (4) to the same extent 
as if it were an application for a permit or license.
    (b) Upon initiation of review by the staff of a submittal of a type 
described in paragraph (a)(1) of this section, the Director of Nuclear 
Reactor Regulation shall publish in the Federal Register a notice of 
receipt of the submittal, inviting comments from interested persons 
within 60 days of publication or such other time as may be specified, 
for consideration by the staff and ACRS in their review.
    (c) Upon completion of review by the NRC staff and the ACRS of a 
submittal of the type described in paragraph (a)(1) of this section, the 
Director of the Office of Nuclear Reactor Regulation shall publish in 
the Federal Register a determination as to whether or not the design is 
acceptable, subject to conditions as may be appropriate, and shall make 
available at the NRC Web site, http://www.nrc.gov, a report that 
analyzes the design.

[40 FR 2976, Jan. 17, 1975, as amended at 42 FR 22885, May 5, 1977; 54 
FR 15398, Apr. 18, 1989; 64 FR 48948, Sept. 9, 1999]

Sec. 2.111  Prohibition of sex discrimination.

    No person shall on the ground of sex be excluded from participation 
in, be denied a license under, be denied the benefits of, or be 
subjected to discrimination under any program or activity carried on or 
receiving Federal assistance under the Act or the Energy Reorganization 
Act of 1974.

[40 FR 8777, Mar. 3, 1975]

[[Page 38]]
