(A) The performance of work for the Department at a United States government-owned or controlled site;

(B) Research in, or development, manufacture, storage, testing or transportation of, atomic weapons or components thereof; or

(C) The use or operation of a production or utilization facility in a United States owned vehicle or vessel; or

(ii) By a prime contractor or subcontractor of the Commission or the Department under a prime contract or subcontract when the Commission determines that the exemption of the prime contractor or subcontractor is authorized by law; and that, under the terms of the contract or subcontract, there is adequate assurance that the work thereunder can be accomplished without undue risk to the public health and safety;

(2)(i) The construction or operation of a production or utilization facility for the Department at a United States government-owned or controlled site, including the transportation of the production or utilization facility to or from such site and the performance of contract services during temporary interruptions of such transportation; or the construction or operation of a production or utilization facility for the Department in the performance of research in, or development, manufacture, storage, testing, or transportation of, atomic weapons or components thereof; or the use or operation of a production or utilization facility for the Department in a United States government-owned vehicle or vessel: Provided, That such activities are conducted by a prime contractor of the Department under a prime contract with the Department.

(ii) The contruction or operation of a production or utilization facility by a prime contractor or subcontractor of the Commission or the Department under his prime contract or subcontract when the Commission determines that the exemption of the prime contractor or subcontrator is authorized by law; and that, under the terms of the contract or subcontract, there is adequate assurance that the work thereunder can be accomplished

without undue risk to the public health and safety.

(c) The transportation or possession of any production or utilization facility by a common or contract carrier or warehousemen in the regular course of carriage for another or storage incident thereto.

[40 FR 8788, Mar. 3, 1975]

§ 50.12 Specific exemptions.

(a) The Commission may, upon application by any interested person or upon its own initiative, grant such exemptions from the requirements of the regulations in this part as it determines are authorized by law and will not endanger life or property or the common defense and security and are otherwise in the public interest.

(b) Any person may request an exemption permitting the conduct of activities prior to the issuance of a construction permit prohibited by § 50.10. The Commission may grant such an exemption upon considering and balancing the following factors:

(1) Whether conduct of the proposed activities will give rise to a significant adverse impact on the environment and the nature and extent of such impact, if any;

(2) Whether redress of any adverse environment impact from conduct of the proposed activities can reasonably be effected should such redress be necessary;

(3) Whether conduct of the proposed activities would foreclose subsequent adoption of alternatives; and

(4) The effect of delay in conducting such activities on the public interest, including the power needs to be used 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.

Issuance of such an exemption shall not be deemed to constitute a commitment to issue a construction permit. During the period of any exemption granted pursuant to this paragraph (b), any activities conducted shall be carried out in such a manner as will minimize or reduce their environmental impact.

[37 FR 5748, Mar. 21, 1972, as amended at 39 FR 26279, July 18, 1974; 40 FR 8789, Mar. 3, 1975]

§ 50.13 Attacks and destructive acts by enemies of the United States; and defense activities.

An applicant for a license to construct and operate a production or utilization facility, or for an amendment to such license, is not required to provide for design features or other measures for the specific purpose of protection against the effects of (a) attacks and destructive acts, including sabotage, directed against the facility by an enemy of the United States, whether a foreign government or other person, or (b) use or deployment of weapons incident to U.S. defense activities.

[32 FR 13445, Sept. 26, 1967]

CLASSIFICATION AND DESCRIPTION OF LICENSES

§ 50.20 Two classes of licenses.

Licenses will be issued to named persons applying to the Commission therefor, and will be either class 104 or class 103.

§ 50.21 Class 104 licenses; for medical therapy and research and development facilities.

A class 104 license will be issued, to an applicant who qualifies, for any one or more of the following: to transfer or receive in interstate commerce, manufacture, produce, transfer, acquire, possess, or use.

(a) A utilization facility for use in medical therapy; or

(b)(1) A production or utilization facility the construction or operation of which was licensed pursuant to subsection 104b of the Act prior to December 19, 1970;

(2) A production or utilization facility for industrial or commercial purposes constructed or operated under an arrangement with the Administration entered into under the Cooperative Power Reactor Demonstration Program, except as otherwise specifically required by applicable law; and

(3) A production or utilization facility for industrial or commercial pur

poses, when specifically authorized by law.

(c) A production or utilization facility, which is useful in the conduct of research and development activities of the types specified in section 31 of the Act, and which is not a facility of the type specified in paragraph (b) of this section or in § 50.22.

(42 U.S.C. 2132-2135, 2239; sec. 161, as amended, Pub. L. 83-703, 68 Stat. 948 (42 U.S.C. 2201); sec. 201, as amended, Pub. L. 93-438, 88 Stat. 1243 (42 U.S.C. 5841))

[21 FR 355, Jan. 19, 1956, as amended at 31 FR 15145 Dec. 2, 1966; 35 FR 19659, Dec. 29, 1970; 38 FR 11446, May 8, 1973; 43 FR 6924, Feb. 17, 1978]

§ 50.22 Class 103 licenses; for commercial and industrial facilities.

or

A class 103 license will be issued, to an applicant who qualifies, for any one or more of the following: To transfer receive in interstate commerce, manufacture, produce, transfer, acquire, possess, or use a production or utilization facility for industrial or commercial purposes; Provided, however, That in the case of a production or utilization facility which is useful in the conduct of research and development activities of the types specified in section 31 of the Act, such facility is deemed to be for industrial or commercial purposes if the facility is to be used so that more than 50 percent of the annual cost of owning and operating the facility is devoted to the production of materials, products, or energy for sale or commercial distribution, or to the sale of services, other than research and development or education or training.

(Secs. 103, 161; 68 Stat. 948, 84 Stat. 1472; 42 U.S.C. 2133, 2201; sec. 201, as amended, Pub. L. 93-438, 88 Stat. 1243 (42 U.S.C. 5841)) [38 FR 11446, May 8, 1973, as amended at 43 FR 6924, Feb. 17, 1978]

§ 50.23 Construction permits.

A construction permit for the construction of a production or utilization facility will be issued prior to the issuance of a license if the application is otherwise acceptable, and will be converted upon due completion of the facility and Commission action into a license as provided in § 50.56 of this

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part. A construction permit for the alteration of a production or utilization facility will be issued prior to the issuance of an amendment of a license, if the application for amendment is otherwise acceptable, as provided in § 50.91.

(Sec. 185, 68 Stat. 955; 42 U.S.C. 2235) [21 FR 355, June 19, 1956, as amended at 35 FR 11461, July 17, 1970]

APPLICATIONS FOR LICENSES, FORM, CONTENTS, INELIGIBILITY OF CERTAIN APPLICANTS

§ 50.30 Filing of applications for licenses; oath or affirmation.

or

(a) Place of filing. Each application for a license, including where appropriate а construction permit, or amendment thereof, and each amendment of such application, and correspondence, reports, or other written communications from the applicant to the Commission pertaining to such application, for a nuclear reactor, testing facility or other utilization facility, should be filed with the Director of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555. Each application for a license, including where appropriate construction a permit, amendment thereof, and each amendment of such application, and correspondence, reports, or other written communications from the applicant to the Commission pertaining to such application, for a fuel reprocessing plant or other production facility, should be filed with the Director of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555. Communications, reports, correspondence, and applications may be delivered in person at the Commission's offices at 1717 H Street NW., Washington, D.C. or at 7920 Norfolk Avenue, Bethesda, Maryland.

(b) Oath or affirmation. Each application for a license, including whenever appropriate a construction permit, or amendment thereof, and each amendment of such application should be executed in three signed originals by the applicant or duly authorized officer thereof under oath or affirmation.

(c) Number of copies of application. (1) Each filing of an application for a license to construct and operate a production or utilization facility (including amendments to such applications) should include three signed originals and the following number of copies:

(i) For an application for a license for a facility described in § 50.21(b) or § 50.22, or a testing facility: Fifteen (15) copies of that portion of the application containing the information required by §§ 50.33 and 50.37 (general information) and forty (40) copies of that portion of the application containing any of the information required by §§ 50.34 and 50.34a (safety analysis report) except that sixty (60) copies shall be filed if such portion of the application is an amendment to the safety analysis report; an additional ten (10) copies of the general information and thirty (30) copies of the safety analysis report, or part thereof or amendment thereto, shall be retained by the applicant for distribution in accordance with the written instructions of the Director of Nuclear Reactor Regulation or Director of Nuclear Material Safety and Safeguards, as appropriate. The Director of Nuclear Reactor Regulation or Director of Nuclear Material Safety and Safeguards may request additional copies of applications and the safety analysis report where the design is of a unique nature or for applications submitted pursuant to this Part 50, Appendices M, N, and O.

(ii) For an application for an amendment to a license for a facility described in § 50.21(b) or 50.22, or a testing facility: Nineteen (19) copies of that portion of the application containing the information required by § 50.33 (general information) and 40 copies of that portion of the application containing the information required by §§ 50.34 and 50.34a (safety analysis report);

(iii) For an application for a license for any other facility, or an amendment to a license for such facility: Nineteen (19) copies of that portion of the application containing the information required by §§ 50.33 and 50.37 (general information) and that portion of the application containing the in

formation required by §§ 50.34 and 50.34a (safety analysis report);

(iv) For an application for a license for a production or utilization facility: Forty-one (41) copies of any applicant's environmental report required by Part 51 of this chapter.

(2) With respect to an application for a license described in paragraph (c)(1)(i) of this section, the applicant shall, upon notification by the atomic safety and licensing board appointed to conduct the public hearing required by the Atomic Energy Act for the issuance of a construction permit, update the application and serve such updated copies of the application or parts thereof, eliminating all superseded information, together with an index of the updated application, as directed by the atomic safety and licensing board. In addition, at that time the applicant shall serve one such copy on the Atomic Safety and Licensing Appeal Panel. Further, at the time the application is offered into evidence at the public hearing on the application, the applicant shall provide sufficient updated copies so that one may be served by the Office of the Secretary on the Atomic Safety and Licensing Appeal Panel. Any subsequent amendments to the application shall be served on those served copies of the application, and three signed originals and the specified number of copies of such amendments shall be filed with the Director of Nuclear Reactor Regulation or Director of Nuclear Material Safety and Safeguards, as appropriate as provided in paragraph (c)(1)(i) of this section. At the time of filing of such an application, one copy shall be made available in an appropriate office near the site of the proposed facility for inspection by the public and updated as amendments to the application prior to the public hearing may be made. This updated copy shall be produced at the public hearing for the use of any other parties to the proceeding. The applicant shall certify that the updated copies of the application contain the current contents of the application submitted in accordance with the requirements of this part. The applicant shall also update and serve copies of the application and make available a copy of such updated appli

cation in an appropriate office near the site of the facility for inspection by the public at such time as the Commission may issue a notice of public hearing concerning the issuance of an operating license.

(3) The copies required by paragraphs (b) and (c) (1) and (2) of this section need not be filed until that part of the application has been assigned a docket number or docketed pursuant to § 2.101(a) of this chapter. The following number of copies shall be filed to enable the Director of Nuclear Reactor Regulation or Director of Nuclear Material Safety and Safeguards, as appropriate, to determine whether the application is sufficiently complete to permit the assignment of a docket number or docketing as appropriate.

(i) Fifteen (15) copies of that portion of the application containing any of the information required by §§ 50.34 and 50.34a (safety analysis report);

(ii) Ten (10) copies of that portion of the application containing the general information required by § 50.33; and

(iii) Twenty (20) copies of any environmental report required by Part 51 of this chapter.

(d) Application for operating licenses. The holder of a construction permit for a production or utilization facility shall, at the time of submission of the final safety analysis report, file an application for an operating license or an amendment to an application for a license to construct and operate a production or utilization facility for the issuance of an operating license, as appropriate. The application or amendment shall state the name of the applicant, the name, location and power level, if any, of the facility and the time when the facility is expected to be ready for operation, and may incorporate by reference any pertinent information submitted in accordance with § 50.33 with the application for a construction permit.

(e) Filing fees. Each application for a production or utilization facility license, including, whenever appropriate, a construction permit, other than a license exempted from Part 170 of this chapter, shall be accompanied by the fee prescribed in Part 170 of this chapter. No fee will be required to ac

company an application for renewal, amendment or termination of a construction permit or operating license, except as provided in § 170.21 of this chapter.

(f) Environmental report. An application for a construction permit or an operating license for a nuclear power reactor, testing facility, fuel reprocessing plant, or such other production or utilization facility whose construction or operation may be determined by the Commission to have a significant impact on the environment shall be accompanied by any Environmental Report required pursuant to Part 51.

(42 U.S.C. 2132-2135, 2239; sec. 161, Pub. L. 83-703, 68 Stat. 948 (42 U.S.C. 2201); sec. 201, Pub. L. 93-438, 88 Stat 1242 (42 U.S.C. 5841))

[23 FR 3115, May 10, 1958, as amended at 33 FR 10924, Aug. 1, 1968; 34 FR 6307, Apr. 3, 1969; 35 FR 19660, Dec. 29, 1970; 37 FR 5749, Mar. 21, 1972; 39 FR 17972, May 22, 1974; 39 FR 26279, July 18, 1974; 41 FR 15834, Apr. 15, 1976; 41 FR 16793, Apr. 22, 1976; 41 FR 31521, July 29, 1976; 43 FR 18539, May 1, 1978]

§ 50.31 Combining applications.

An applicant may combine in one his several applications for different kinds of licenses under the regulations in this chapter.

§ 50.32 Elimination of repetition.

In his application, the applicant may incorporate by reference information contained in previous applications, statements or reports filed with the Commission: Provided, That such references are clear and specific.

§ 50.33 Contents of applications; general information.

Each application shall state:
(a) Name of applicant;
(b) Address of applicant;

(c) Description of business or occupation of applicant;

(d) (1) If applicant is an individual, state citizenship.

(2) If applicant is a partnership, state name, citizenship and address of each partner and the principal location where the partnership does busi

ness.

(3) If applicant is a corporation or an unincorporated association, state:

(i) The state where it is incorporated or organized and the principal location where it does business;

(ii) The names, addresses and citizenship of its directors and of its principal officers;

(iii) Whether it is owned, controlled, or dominated by an alien, a foreign corporation, or foreign government, and if so, give details.

(4) If the applicant is acting as agent or representative of another person in filing the application, identify the principal and furnish information required under this paragraph with respect to such principal.

(e) The class of license applied for, the use to which the facility will be put, the period of time for which the license is sought, and a list of other licenses, except operator's licenses, issued or applied for in connection with the proposed facility.

(f) Information sufficient to demonstrate to the Commission the financial qualifications of the applicant to carry out, in accordance with the regulations in this chapter, the activities for which the permit or license is sought. If the application is for a construction permit, such information shall show that the applicant possesses the funds necessary to cover estimated construction costs and related fuel cycle costs or that the applicant has reasonable assurance of obtaining the necessary funds, or a combination of the two. If the application is for an operating license, such information shall show that the applicant possesses the funds necessary to cover estimated operating costs or that the applicant has reasonable assurance of obtaining the necessary funds, or a combination of the two. With respect to any production or utilization facility of a type described in § 50.21(b) or § 50.22, or a testing facility, the following specific requirements shall apply:

If the application is for an operating license, such information shall show that the applicant possesses or has reasonable assurance of obtaining the funds necessary to cover the estimated costs of operation for the period of the license or for 5 years, whichever is greater, plus the estimated costs of permanently shutting the facility down and maintaining it in a safe condition. Without limitation on the generality of the