Page images
PDF
EPUB

rector of Nuclear Material Safety and Safeguards, Director, Office of Inspection and Enforcement, as appropriate, may refer the matter to the Attorney General for collection.

(i) Except when payment is made after compromise or mitigation by the Department of Justice or as ordered by a court of the United States, following reference of the matter to the Attorney General for collection, payment of civil penalties imposed under section 234 of the Act shall be made by check, draft, or money order payable to the Treasurer of the United States, and mailed to the Director of Nuclear Reactor Regulation, Director of Nuclear Material Safety and Safeguards, Director, Office of Inspection and Enforcement, as appropriate. [36 FR 16896, Aug. 26, 1971; 36 FR 18173, Sept. 10, 1971)

spection and Enforcement, as appropriate shall either institute the requested proceeding in accordance with this subpart or shall advise the person who made the request in writing that no proceeding will be instituted in whole or in part, with respect to his request, and the reasons therefor.

(c)(1) Director's decisions under this section will be filed with the Office of the Secretary. Within twenty-five (25) days after the date of the Director's decision under this section that no proceeding will be instituted or other action taken in whole or in part, the Commission may on its own motion review that decision, in whole or in part, to determine if the Director has abused his discretion. This review power does not limit in any way either the Commission's supervisory power over delegated staff actions or the Commission's power to consult with the staff on a formal or informal basis regarding institution of proceedings under this section.

(2) No petition or other request for Commission review of a Director's decision under this section will be entertained by the Commission. (Sec. 201 as amended Pub. L. 93-438, 88 Stat. 1242; Pub. L. 94-79, 89 Stat. 413 (42 U.S.C. 5841)) [39 FR 12353, Apr. 5, 1974, as amended at 42 FR 36240, July 14, 1977; 45 FR 73466, Nov. 5, 1980]

Subpart C-[Reserved)

§ 2.206 Requests for action under this sub

part. (a) Any person may file a request for the Director of Nuclear Reactor Regulation, Director of Nuclear Material Safety and Safeguards, Director, Office of Inspection and Enforcement, as appropriate, to institute a proceeding pursuant to $ 2.202 to modify, suspend or revoke a license, or for such other action as may be proper. Such a request shall be addressed to the Di. rector of Nuclear Reactor Regulation, Director of Nuclear Material Safety and Safeguards, Director, Office of Inspection and Enforcement, as appropriate, and shall be filed either: (1) By delivery to the Public Document Room at 1717 H Street NW., Washington, D.C., or (2) by mail or telegram addressed to the Director of Nuclear Reactor Regulation, Director of Nuclear Material Safety and Safeguards, Director, Office of Inspection and Enforcement, as appropriate, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555. The requests shall specify the action requested and set forth the facts that constitute the basis for the request.

(b) Within a reasonable time after a request pursuant to paragraph (a) of this section has been received, the Director of Nuclear Reactor Regulation, Director of Nuclear Material Safety and Safeguards, Director, Office of In

Subpart D-Additional Procedures

Applicable to proceedings for the Issuance of Licenses To Construct or Operate Nuclear Power Plants of Duplicate Design at Multiple Sites

SOURCE: 40 FR 2976, Jan. 17, 1975, unless otherwise noted.

$ 2.400 Scope of subpart.

This subpart describes procedures applicable to licensing proceedings which involve the consideration in hearings of a number of applications, filed by one or more applicants pursu. ant to Appendix N of Part 50 of this chapter, for licenses to construct and

operate nuclear power reactors of es- $ 2.103 Notice of proposed action on applisentially the same design to be located cations for operating licenses pursuant at different sites.

to Appendix N of Part 50. $ 2.401 Notice of hearing on applications

In the case of applications pursuant pursuant to Appendix N of Part 50 for

to Appendix N of Part 50 of this chapconstruction permits.

ter for operating licenses for nuclear

power reactors, if the Commission has (a) In the case of applications pursu

not found that a hearing is in the ant to Appendix N of Part 50 of this

public interest, the Director of Nucle. chapter for construction permits for nuclear power reactors of the type de

ar Reactor Regulation will, prior to scribed in $ 50.22 of this chapter, the

acting thereon, cause to be published

in the FEDERAL REGISTER, pursuant to Secretary will issue notices of hearing pursuant to $ 2.104.

$ 2.105, a notice of proposed action (b) The notice of hearing will also

with respect to each application as state the time and place of the hear.

soon as practicable after the applicaings on any separate phase of the pro

tions have been docketed. ceeding.

8 2.404 Hearings on applications for oper§ 2.402 Separate hearings on separate ating licenses pursuant to Appendix x issues; consolidation of proceedings.

of Part 50. (a) In the case of applications pursu If a request for a hearing and/or peant to Appendix N of Part 50 of this tition for leave to intervene is filed chapter for construction permits for within the time prescribed in the nuclear power reactors of a type de notice of proposed action on an appliscribed in $ 50.22 of this chapter, the cation for an operating license pursuCommission or the presiding officer ant to Appendix N of Part 50 of this may order separate hearings on partic chapter with respect to a specific ular phases of the proceeding, such as

reactor(s) at a specific site and the matters related to the acceptability of

Commission or an atomic safety and lithe design of the reactor, in the con

censing board designated by the Comtext of the site parameters postulated

mission or by the Chairman of the for the design; environmental matters;

Atomic Safety and Licensing Board or antitrust aspects of the application.

Panel has issued a notice of hearing or (b) If a separate hearing is held on a

other appropriate order, the Commisparticular phase of the proceeding, the Commission or presiding officers

sion or the atomic safety and licensing of each affected proceeding may, pur

board may order separate hearings on suant to $ 2.716, consolidate for hear

particular phases of the proceeding ing on that phase two or more pro

and/or consolidate for hearing two or ceedings to consider common issues re

more proceedings in the manner delating to the applications involved in

scribed in § 2.402. the proceedings, if it finds that such action will be conducive to the proper

§ 2.405 Initial decisions in consolidated dispatch of its business and to the

hearings. ends of justice. In fixing the place of At the conclusion of any hearing any such consolidated hearing due held pursuant to this subpart, the preregard will be given to the convenience siding officer will render a partial iniand necessity of the parties, petition tial decision which may be appealed ers for leave to intervene or the attor pursuant to $ 2.762. No construction neys or representatives of such per

permit or full power operating license sons, and the public interest.

will be issued until an initial decision (Sec. 161, Pub. L. 83-703, 68 Stat. 943 (42 has been issued on all phases of the U.S.C. 2201); sec. 201, as amended, Pub. L. hearing and all issues under the Act 93-438, 88 Stat. 1243, Pub. L. 94-79, 89 Stat. and the National Environmental 413 (42 U.S.C. 5841))

Policy Act of 1969 appropriate to the [40 FR 2976, Jan. 17, 1975, as amended at 43 proceeding have been resolved. FR 17801, Apr. 26, 1978)

§ 2.406 Finality of decisions on separate chapter for a license to manufacture issues.

nuclear power reactors of the type deotwithstanding any other provision scribed in $ 50.22 of this chapter to be of this chapter, in a proceeding con

operated at sites not identified in the ducted pursuant to this subpart and license application, the Secretary will Appendix N of Part 50 of this chapter, issue a notice of hearing to be pubno matter which has been reserved for lished in the FEDERAL REGISTER at least consideration in one phase of the thirty (30) days prior to the date set hearing shall be considered at another for hearing in the notice.' The notice phase of the hearing except on the shall be issued as soon as practicable basis of significant new information after the application has been docketthat substantially affects the ed. The notice will state: conclusion(s) reached at the other

(1) The time, place, and nature of

(1) The time phase or other good cause.

the hearing and/or the prehearing $ 2.407 Applicability of other sections.

conference;

(2) The authority within which the The provisions of Subparts A and G

hearing is to be held; relating to construction permits and

(3) The matters of fact and law to be operating licenses apply, respectively,

considered; and to construction permits and operating

(4) The time within which answers licenses subject to this subpart, except as qualified by the provisions of this

to the notice shall be filed. subpart.

(b) The issues stated in the notice of

hearing pursuant to paragraph (a) of Subpart E-Additional Procedures this section will not involve consideraApplicable to Proceedings for the

tion of the particular sites at which

any of the nuclear power reactors to Issuance of Licenses to Manufac

be manufactured will be located and ture Nuclear Power Reactors To Be

operated. Except as the Commission Operated at Sites Not Identified in

determines otherwise, the notice of the License Application and Relat

hearing will state: ed Licensing Proceedings

(1) That, if the proceeding is a conAUTHORITY: Sec. 161, Pub. L. 83-703, 68

tested proceeding, the presiding offiStat. 948 (42 U.S.C. 2201).

cer will consider the following issues: ?

(i) Whether the applicant has deSOURCE: 38 FR 30252, Nov. 2, 1973, unless

scribed the proposed design of, and otherwise noted.

the site parameters postulated for, the $ 2.500 Scope of subpart.

reactor(s), including, but not limited This subpart prescribes procedures

to, the principal architectural and enapplicable to licensing proceedings

gineering criteria for the design, and which involve the consideration in sep

has identified the major features or arate hearings of an application for a

components incorporated therein for license to manufacture nuclear power

the protection of the health and reactors pursuant to Appendix M of safety of the public; Part 50 of this chapter, and applica (ii) Whether such further technical tions for construction permits and op

or design information as may be reerating licenses for nuclear power re quired to complete the design report actors which have been the subject of and which can reasonably be left for such an application for a license to manufacture such facilities (manufac 'The thirty (30) day requirement of this turing license).

paragraph is not applicable to a notice of

the time and place of hearing published by $ 2.501 Notice of hearing on application the presiding officer after the notice of

pursuant to Appendix M of Part 50 for hearing described in this section has been a license to manufacture nuclear power

published.

Issues (i) and (vi) are the issues pursuant reactors.

to the Atomic Energy Act of 1954, as amend(a) In the case of an application pur- ed. Issue (vii) is the issue pursuant to the suant to Appendix M of Part 50 of this National Environmental Policy Act of 1969.

later consideration, will be supplied in tal Policy Act (NEPA) has been adea supplement to the design report;

quate. (iii) Whether safety features or com- (3) That, regardless of whether the ponents, if any, which require re- proceeding is contested or uncontestsearch and development have been deed, the presiding officer will, in accordscribed by the applicant and the appli ance with Part 51 and paragraph 3 of cant has identified, and there will be Appendix M of Part 50 of this chapter. conducted a research and development (i) Determine whether the requireprogram reasonably designed to re- ments of section 102(2) (A), (C) and solve any safety questions associated (D) of the National Environmental with such features or components;

Policy Act and Part 51 of this chapter (iv) Whether on the basis of the have been complied with in the proforegoing, there is reasonable assur- ceeding: ance that (A) such safety questions (ii) Independently consider the final will be satisfactorily resolved before balance among conflicting factors conany of the proposed nuclear power re tained in the record of the proceeding actors are removed from the manufac with a view to determining the approturing site, and (B) taking into consid priate action to be taken; and eration the site criteria contained in (iii) Determine whether the manuPart 100 of this chapter, the proposed facturing license should be issued, reactor(s) can be constructed and op- denied or appropriately conditioned to erated at sites having characteristics protect environmental values. that fall within the site parameters (c) The place of hearing on an applipostulated for the design of the

cation for a manufacturing license will reactor(s) without undue risk to the

be Washington, D.C., or such other lohealth and safety of the public;

cation as the Commission deems ap(v) Whether the applicant is techni

propriate. cally and financially qualified to design and manufacture the proposed

[38 FR 30252, Nov. 2, 1973, as amended at 39 reactor(s);

FR 26279, July 18, 1974; 39 FR 33202, Sept. (vi) Whether the issuance of a li.

16, 1974) cense for manufacture of the

8 2.502 Notice of hearing on application reactor(s) will be inimical to the

for a permit to construct a nuclear common defense and security or to the

power reactor manufactured pursuant health and safety of the public; and

to a Commission license issued pursu(vii) Whether, in accordance with

ant to Appendix M of Part 50 of this the requirements of Part 51 and Ap

chapter at the site at which the reactor pendix M of Part 50 of this chapter,

is to be operated. the license should be issued as proposed.

The issues stated for consideration (2) That, if the proceeding is not a in the notice of hearing on an applicacontested proceeding, the presiding of- tion for a permit to construct a nucleficer will determine (i) without con- ar power reactor(s) which is the subducting a de novo evaluation of the ap ject of an application for a manufacplication, whether the application and turing license pursuant to Appendix M the record of the proceeding contain

of Part 50 of this chapter, will be sufficient information, and the review

those stated in § 2.104(b) and, in addiof the application by the Commis

tion, whether the site on which the fasion's staff has been adequate to sup

cility is to be operated falls within the port affirmative findings on para

postulated site parameters specified in graphs (b)(1)(i) through (v) of this sec

the relevant application for a manu

the relevant app tion and a negative finding on para

facturing license. graph (b)(1)(vi) of this section pro

$ 2.503 Finality of decisions on separate posed to be made and the issuance of the license to manufacture proposed

issues. by the Director of Nuclear Reactor Notwithstanding any other provision Regulation, and (ii) whether the of this chapter, no matter which has review conducted by the Commission been resolved at an earlier stage of the pursuant to the National Environmen- 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.

$ 2.601 Applicability of other sections.

The provisions of Subparts A and G relating to applications for construction permits and proceedings thereon apply, respectively, to aplications and proceedings in accordance with this subpart, except as specifically provided otherwise by the provisions of this subpart.

8 2.602

Each application which contains a request for early review of site suitability issues under the procedures of this subpart shall be accompanied by any fee required by $ 50.30(e) and Part 170 of this chapter.

$ 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 $ 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.

Subpart F-Additional Procedures

Applicable to Early Partial Decisions on Site Suitability issues in Connection With an Application for a Permit To Construct Certain Utilization Facilities

AUTHORITY: Sec. 102, Pub. L. 91-190, 83 Stat. 853 (42 U.S.C. 4332); Sec. 201, as amended, Pub. L. 93-438, 83 Stat. 1242, Pub. L. 94-79, 89 Stat. 413 (42 U.S.C. 5341).

SOURCE: 42 FR 22885, May 5, 1977, unless otherwise noted.

$ 2.603 Acceptance and docketing of appli.

cation for early review of site suitabil.

ity issues. (a) Each part of an application submitted in accordance with $ 2.101(a-1) of this part will be initially treated as a tendered application. If it is determined that any one of the parts as described in $ 2.101(a-1) is incomplete and not acceptable for processing, the Director of Nuclear Reactor Regulation 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.

(b) (1) The Director of Nuclear Reactor Regulation will accept for docketing an application for a construction permit for a utilization facility which is subject to $ 51.5(a) of this chapter and is of the type specified in $ $ 50.21(b) (2) or (3) or 50.22 or is a testing facility where part one of the application as described in $ 2.101(a-1) is complete. Part one of an application will not be considered complete unless it contains proposed findings as required by $ 2.101(a-1)(1)(i) and unless it describes the applicant's site selection process, specifies the extent to which that process involves the consideration of alternative sites, explains the relationship between that process and the application for early review of site suitability issues, and briefly describes the applicant's long-range plans for ultimate development of the site. Upon assignment of a docket

$ 2.600 Scope of subpart.

This subpart prescribes procedures applicable to licensing proceedings which involve an early submittal of site suitability information in accordance with $ 2.101(a-1), and a hearing and early partial decision on issues of site suitability, in connection with an application for a permit to construct a utilization facility which is subject to $ 51.5(a) of this chapter and is of the type specified in $ 50.21(b) (2) or (3) or $ 50.22 of this chapter or is a testing facility.

« PreviousContinue »