C.F.R. » Title 10 » CHAPTER I—NUCLEAR REGULATORY COMMISSION › PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE › Subpart A—Procedure for Issuance, Amendment, Transfer, or Renewal of a License, and Standard Design Approval

10 C.F.R. § 2.109

Effect of timely renewal application

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(a) Except for the renewal of licenses identified in paragraphs (b) through (f) of this section, if at least 30 days before 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 § 50.21(b) or § 50.22 or under subpart H of part 53 of this chapter files a sufficient application for renewal of either an operating license or a combined license at least 5 years before the expiration of the existing license, the existing license will not be deemed to have expired until the application has been finally determined.

(c) If the holder of an early site permit licensed under subpart A of part 52 or under subpart H of part 53 of this chapter, as applicable, files a sufficient application for renewal under § 52.29 or § 53.1173 of this chapter, as applicable, at least 12 months before the expiration of the existing early site permit, the existing permit will not be deemed to have expired until the application has been finally determined.

(d) If the licensee of a manufacturing license under subpart F of part 52 or under subpart H of part 53 of this chapter files a sufficient application for renewal under § 52.177 or § 53.1295 of this chapter at least 12 months before the expiration of the existing license, the existing license will not be deemed to have expired until the application has been finally determined.

(e) If the licensee of an Independent Spent Fuel Storage Installation (ISFSI) licensed under subpart C of part 72 of this chapter files a sufficient application for renewal under § 72.42 of this chapter at least 2 years before the expiration of the existing license, the existing license will not be deemed to have expired until the application has been finally determined.

(f) If the licensee of a non-power production or utilization facility licensed under 10 CFR 50.22, or a testing facility, files a sufficient application for renewal at least 2 years before the expiration of the existing license, the existing license will not be deemed to have expired until the application has been finally determined.

[72 FR 49473, Aug. 28, 2007, as amended at 85 FR 70437, Nov. 5, 2020; 89 FR 106250, Dec. 30, 2024; 91 FR 15767, Mar. 30, 2026]
Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 1984–2025 · leading case: San Luis Obispo Mothers for Peace v. United States Nuclear Regulatory Comm'n, 100 F.4th 1039 (9th Cir. 2024).
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San Luis Obispo Mothers for Peace v. United States Nuclear Regulatory Comm'n, 100 F.4th 1039 (9th Cir. 2024). · cites it 8× “” See 10 C.F.R. § 2.109 . Under the APA, which applies to NRC actions taken pursuant to the Atomic Energy Act, see 42 U.”
The Matter of Entergy Nuclear Operations v. New York State Dep't of State, 66 N.E.3d 1062 (NY 2016). “En-tergy continues to operate the reactors under the original 40-year licenses in accordance with federal law (see 5 USC § 558 ; 10 CFR 2.109). Federal law limits the term of a initial operating license to a maximum of 40 years (see 42 USC § 2133 [c]).”
Commonwealth of Massachusetts v. US Nuclear Regulatory Commissi, 708 F.3d 63 (1st Cir. 2013). “See 10 C.F.R. § 2.109 (b). Further, the AEA explicitly authorizes the NRC to modify or revoke a license after it is granted if “conditions revealed by .”
Entergy Nuclear Vermont Yankee, LLC v. Shumlin, 838 F. Supp. 2d 183 (D. Vt. 2012). “10 C.F.R. § 2.109 (b). . Act 160's policy and purpose section was not codified.”
Citizens Ass'n for Sound Energy v. U.S. Nuclear Regulatory Comm'n & United States of Am., Texas Utils. Elec. Co., Intervenors, 821 F.2d 725 (D.C. Cir. 1987). · cites it 3× “Under 10 C.F.R. § 2.109 (1986) of the Commission’s regulations, the filing of a timely request for an extension of a permit keeps a construction permit in force.”
Deukmejian v. Nuclear Regulatory Comm'n, 751 F.2d 1287 (D.C. Cir. 1984). “See 10 C.F.R. § 2.109 (1983). Following the satisfactory completion of an Independent Design Verification Program ("IDVP”), the Commission on 8 November 1983 partially lifted the license suspension to allow fuel loading and cold-system testing at Unit 1.”
San Luis Obispo Mothers for Peace v. United States Nuclear Regulatory Comm'n (9th Cir. 2025). “4th at 1056–58 (citing 10 C.F.R. § 2.109 (b)). Capsule B remains a key source of data for the license renewal period.”
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