Words or phrases which are defined in the Atomic Energy Act of 1954, as amended, and in this chapter have the same meaning when used in this part. In addition, as used in this part:

(a) "ACRS" means the Advisory Committee on Reactor Safeguards established by the Act.

(b) "Act" means the Atomic Energy Act of 1954, as amended (68 Stat. 919).

(c) "Adjudication" means the process for the formulation of an order for the final disposition of the whole or any part of any proceeding subject to this part, other than rule making.

(d) "Authorization" means an authorization or order issued pursuant to Part 115 of this chapter authorizing construction or operation of certain nuclear reactors.

1 The specifications, pursuant to Section 156 of the Act, for patent licenses to use Commission-held patents or those declared subject to licensing under Section 153a of the Act, are set forth in Part 81 of this chapter. Patent Compensation Board proceedings under Sections 157 and 173 of the Act are governed by Part 80 of this chapter.

(e) "Commission" means the Commission of five members or a quorum thereof sitting as a body, as provided by section 21 of the Act, or any officer to whom has been delegated authority pursuant to section 161n of the Act.

(f) "Director of Regulation" means the Director of Regulation or any officer to whom he has delegated authority to act.

a production

(g) "Facility" means facility or a utilization facility as defined in § 50.2 of this chapter.

(h) "Hearing Examiner" means an individual appointed pursuant to section 11 of the Administrative Procedure Act to conduct proceedings subject to this part.

(i) "License" means a license, construction permit, or authorization issued by the Commission.

(j) "Licensee" means a person who is authorized to conduct activities under a license, construction permit, or authorization issued by the Commission.

(k) "Public Document Room" means the place at 1717 H Street NW., Washington, D.C., at which public records of the Commission will ordinarily be made available for inspection.

(1) "Regulatory staff" means the Director of Regulation, the offices and divisions under his authority, and such legal counsel as may be assigned by the General Counsel.

(m) "Secretary" means the Secretary to the Commission.

(n) "Contested proceeding" means (1) a proceeding in which there is a controversy between the regulatory staff of the Commission and the applicant for a license concerning the issuance of the license or any of the terms or conditions thereof or (2) a proceeding in which a petition for leave to intervene in opposition to an application for a license has been granted or is pending before the Commission.

[27 F.R. 377, Jan. 13, 1962, as amended at 28 F.R. 10152, Sept. 17, 1963; 29 F.R. 12830, Sept. 11, 1964; 31 F.R. 12776, Sept. 30, 1966]

Subpart A-Procedure for Issuance, Amendment, Transfer, or Renewal of a License

ment of a license at the request of the licensee; and transfer and renewal of a license.

§ 2.101 Filing of application.

(a) An application for a license or an amendment to a license shall be filed with the Director of Regulation as prescribed by the applicable provisions of this chapter. A prospective applicant may confer informally with the regulatory staff prior to the filing of an application. Each application for a license for a facility, or to receive waste radioactive material from other persons for the purpose of packaging, storage or disposal, will be assigned a docket number.

(b) An applicant for a license for a facility or to receive waste radioactive material from other persons for the purpose of packaging, storage or disposal, shall serve a copy of the application on 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, on the chief executive of the county. The Director of Regulation will send a copy of each such application 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 receipt of the application which states the purpose of the application and specifies the location at which the proposed activity would be conducted.

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

(a) During review of an application by the regulatory staff, an applicant may be required to supply additional information, and may be requested to confer informally.

(b) The Director of Regulation will refer the 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 Regulation will make each report of the ACRS a part of the record of the application, and transmit copies to the appropriate State and local officials.

§ 2.103

Actions on applications for byproduct, source, special nuclear material, and operator licenses.

(a) If the Director of Regulation finds that an application for a byproduct, source, special nuclear material or operator license complies with the requirements of the Act and this chapter, he will issue a license. If the license is for a facility or for the receipt of waste radioactive material for the purpose of packaging, storage or disposal, the Director of Regulation will inform the State and local officials specified in § 2.104 (c) of the issuance of the license.

(b) If the Director of Regulation 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 F.R. 10152, Sept. 17, 1963, as amended at 32 F.R. 10432, July 15, 1967] HEARING ON APPLICATION-HOW INITIATED § 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 facility, at least thirty (30) days, prior to the date set for hearing in the notice. The notice will state:

(1) The time, place, and nature of the hearing;

(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, unless the Commission determines otherwise, state, in implementation of paragraph (a) (3) of this section:

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(1) That, if the proceeding is a contested proceeding, the presiding officer will consider the following issues:

(i) Whether in accordance with the provisions of § 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.

(2) That, if the proceeding is not a contested proceeding, the presiding officer will, without conducting a de novo evaluation of the application, determine whether the application and the record of the proceeding contain sufficient information, and the review of the application by the Commission's regulatory staff has been adequate, to support affirmative findings on subdivisions (i) through (iii) specified in subparagraph

(1) of this paragraph and a negative finding on subdivision (iv) specified in subparagraph (1) of this paragraph proposed to be made and the issuance of the provisional construction permit proposed by the Director of Regulation.

(c) The Secretary will give timely notice of the hearing to all parties and to other persons, if any, entitled by law to notice. The Director of Regulation will transmit a notice of hearing on an application for a facility license or for a license to receive waste radioactive material from other persons for the purpose of packaging, storage or disposal, 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.

[27 F.R. 377, Jan. 13, 1962, as amended at 28 F.R. 10152, Sept. 17, 1963; 31 F.R. 12776, Sept. 30, 1966; 33 F.R. 8588, June 12, 1968] § 2.105 Notice of proposed action.

(a) If a hearing is not required by the Act or this chapter, and if the Commission or the Director of Regulation has not found that a hearing is in the public interest, he 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 to receive waste radioactive material from other persons for the purpose of packaging, storage, or disposal; or

(3) An amendment of a license specified in subparagraph (1) or (2) of this paragraph and which involves significant hazard considerations different from those previously evaluated.

(4) Any other license or amendment as to which the Commission or the Director of Regulation determines that an opportunity for a public hearing should be afforded.

(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;

(3) A finding that the application does or does not comply with the requirements of the Act and this chapter; and

(4) The text of the proposed license or amendment.

(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 fifteen (15) days from the date of publication of the notice in the FEDERAL REGISTER:

(1) The applicant may file a request for hearing; and

(2) Any person whose interest may be affected by the proceeding may file a petition for leave to intervene.

(e) If no request for a hearing or petition for leave to intervene is filed within the time prescribed in the notice, the Director of Regulation will issue the license, inform the appropriate State and local officials, and cause to be published in the FEDERAL REGISTER a notice of issuance of the license. If a request for a hearing or a petition for leave to intervene is filed within the time prescribed in the notice, the Secretary will issue a notice of hearing or an appropriate order.

[27 F.R. 377, Jan. 13, 1962, as amended at 28 F.R. 10152, Sept. 17, 1963; 31 F.R. 12776, Sept. 30, 1966]

§ 2.106 Notice of issuance.

(a) The Director of Regulation will cause to be published in the FEDERAL REGISTER notice of, and will inform the State and local officials specified in § 2.104(c) of, the issuance of:

(1) A license for which a notice of proposed action has been previously published;

(2) An amendment of a license for a facility or to receive waste radioactive material from other persons for the purpose of packaging, storage or disposal, whether or not a notice of proposed action has been previously published;

(3) Any other license or amendment as to which the Commission or the Director of Regulation determines that an opportunity for a public hearing should be afforded.