
[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 43-45]
 
                            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 E--Additional Procedures Applicable to Proceedings for the Issuance of 
Licenses To Manufacture Nuclear Power Reactors To Be Operated at Sites Not 
Identified in the License Application and Related Licensing Proceedings

    Source: 38 FR 30252, Nov. 2, 1973, unless otherwise noted.

Sec. 2.500  Scope of subpart.

    This subpart prescribes procedures applicable to licensing 
proceedings which involve the consideration in separate hearings of an 
application for a license to manufacture nuclear power reactors pursuant 
to appendix M of part 52 of this chapter, and applications for 
construction permits and operating licenses for nuclear power reactors 
which have been the subject of such an application for a license to 
manufacture such facilities (manufacturing license).

[40 FR 2976, Jan. 17, 1975, as amended at 54 FR 15398, Apr. 18, 1989]

[[Page 44]]

Sec. 2.501  Notice of hearing on application pursuant to appendix M of 
          part 52 for a license to manufacture nuclear power reactors.

    (a) In the case of an application pursuant to appendix M of part 52 
of this chapter for a license to manufacture nuclear power reactors of 
the type described in Sec. 50.22 of this chapter to be operated at sites 
not identified in the license application, the Secretary will issue a 
notice of hearing to be published in the Federal Register at least 
thirty (30) days prior to the date set for hearing in the notice. \1\ 
The notice shall be issued as soon as practicable after the application 
has been docketed. The notice will state:
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    \1\ The thirty (30) day requirement of this paragraph is not 
applicable to a notice of the time and place of hearing published by the 
presiding officer after the notice of hearing described in this section 
has been published.
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    (1) The time, place, and nature of the hearing and/or the prehearing 
conference;
    (2) The authority within 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) The issues stated in the notice of hearing pursuant to paragraph 
(a) of this section will not involve consideration of the particular 
sites at which any of the nuclear power reactors to be manufactured will 
be located and operated. Except as the Commission determines otherwise, 
the notice of hearing will state:
    (1) That, if the proceeding is a contested proceeding, the presiding 
officer will consider the following issues: \2\
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    \2\ Issues (i) and (vi) are the issues pursuant to the Atomic Energy 
Act of 1954, as amended. Issue (vii) is the issue pursuant to the 
National Environmental Policy Act of 1969.
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    (i) Whether the applicant has described the proposed design of, and 
the site parameters postulated for, the reactor(s), 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;
    (ii) Whether such further technical or design information as may be 
required to complete the design report and which can reasonably be left 
for later consideration, will be supplied in a supplement to the design 
report;
    (iii) Whether 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;
    (iv) Whether on the basis of the foregoing, there is reasonable 
assurance that (A) such safety questions will be satisfactorily resolved 
before any of the proposed nuclear power reactors are removed from the 
manufacturing site, and (B) taking into consideration the site criteria 
contained in part 100 of this chapter, the proposed reactor(s) can be 
constructed and operated at sites having characteristics that fall 
within the site parameters postulated for the design of the reactor(s) 
without undue risk to the health and safety of the public;
    (v) Whether the applicant is technically and financially qualified 
to design and manufacture the proposed reactor(s);
    (vi) Whether the issuance of a license for manufacture of the 
reactor(s) will be inimical to the common defense and security or to the 
health and safety of the public; and
    (vii) Whether, in accordance with the requirements of subpart A of 
part 51 and appendix M of part 52 of this chapter, the license 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 paragraphs (b)(1) (i) through (v) of this 
section and a negative finding on paragraph (b)(1)(vi) of this section 
proposed to be made and

[[Page 45]]

the issuance of the license to manufacture proposed by the Director of 
Nuclear Reactor Regulation, and (ii) 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, the presiding officer will, in accordance with subpart A of 
part 51 and paragraph 3 of appendix M of part 52 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 manufacturing license should be issued, 
denied or appropriately conditioned to protect environmental values.
    (c) The place of hearing on an application for a manufacturing 
license will be Washington, DC, or such other location as the Commission 
deems appropriate.

[38 FR 30252, Nov. 2, 1973, as amended at 39 FR 26279, July 18, 1974; 39 
FR 33202, Sept. 16, 1974; 49 FR 9401, Mar. 12, 1984; 54 FR 15398, Apr. 
18, 1989; 54 FR 52342, Dec. 21, 1989]

Sec. 2.502  Notice of hearing on application for a permit to construct a 
          nuclear power reactor manufactured pursuant to a Commission 
          license issued pursuant to appendix M of part 52 of this 
          chapter at the site at which the reactor is to be operated.

    The issues stated for consideration in the notice of hearing on an 
application for a permit to construct a nuclear power reactor(s) which 
is the subject of an application for a manufacturing license pursuant to 
appendix M of part 52 of this chapter, will be those stated in 
Sec. 2.104(b) and, in addition, whether the site on which the facility 
is to be operated falls within the postulated site parameters specified 
in the relevant application for a manufacturing license.

[40 FR 2976, Jan. 17, 1975, as amended at 54 FR 15398, Apr. 18, 1989]

Sec. 2.503  Finality of decisions on separate issues.

    Notwithstanding any other provision of this chapter, no matter which 
has been resolved at an earlier stage of the licensing process which 
involves a manufacturing license, a permit to construct a reactor for 
which a manufacturing license is sought, a license to operate such a 
reactor, and any amendment to such permit or licenses shall be 
determined to be at issue in any subsequent state of the licensing 
process except on the basis of significant new information that 
substantially affects the conclusion(s) reached at the earlier stage or 
other good cause.

Sec. 2.504  Applicability of other sections.

    The provisions of subparts A and G relating to construction permits 
apply to manufacturing licenses subject to this subpart, with respect to 
matters of radiological health and safety, environmental protection, and 
the common defense and security, except that Sec. 2.104 (a) and (b) do 
not apply to manufacturing licenses. The provisions of subparts A and G 
relating to construction permits and operating licenses apply, 
respectively, to construction permits and operating licenses subject to 
this subpart, except as qualified by the provisions of this subpart.
