C.F.R. » Title 10 » CHAPTER I—NUCLEAR REGULATORY COMMISSION › PART 50—DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES

10 C.F.R. § 50.34a

Design objectives for equipment to control releases of radioactive material in effluents—nuclear power reactors

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(a) An application for a construction permit shall include a description of the preliminary design of equipment to be installed to maintain control over radioactive materials in gaseous and liquid effluents produced during normal reactor operations, including expected operational occurrences. In the case of an application filed on or after January 2, 1971, the application shall also identify the design objectives, and the means to be employed, for keeping levels of radioactive material in effluents to unrestricted areas as low as is reasonably achievable. The term “as low as is reasonably achievable” as used in this part means as low as is reasonably achievable taking into account the state of technology, and the economics of improvements in relation to benefits to the public health and safety and other societal and socioeconomic considerations, and in relation to the use of atomic energy in the public interest. The guides set out in appendix I to this part provide numerical guidance on design objectives for light-water-cooled nuclear power reactors to meet the requirements that radioactive material in effluents released to unrestricted areas be kept as low as is reasonably achievable. These numerical guides for design objectives and limiting conditions for operation are not to be construed as radiation protection standards.

(b) Each application for a construction permit shall include:

(1) A description of the preliminary design of equipment to be installed under paragraph (a) of this section;

(2) An estimate of:

(i) The quantity of each of the principal radionuclides expected to be released annually to unrestricted areas in liquid effluents produced during normal reactor operations; and

(ii) The quantity of each of the principal radionuclides of the gases, halides, and particulates expected to be released annually to unrestricted areas in gaseous effluents produced during normal reactor operations.

(3) A general description of the provisions for packaging, storage, and shipment offsite of solid waste containing radioactive materials resulting from treatment of gaseous and liquid effluents and from other sources.

(c) Each application for an operating license shall include:

(1) A description of the equipment and procedures for the control of gaseous and liquid effluents and for the maintenance and use of equipment installed in radioactive waste systems, under paragraph (a) of this section; and

(2) A revised estimate of the information required in paragraph (b)(2) of this section if the expected releases and exposures differ significantly from the estimates submitted in the application for a construction permit.

(d) Each application for a combined license under part 52 of this chapter shall include:

(1) A description of the equipment and procedures for the control of gaseous and liquid effluents and for the maintenance and use of equipment installed in radioactive waste systems, under paragraph (a) of this section; and

(2) The information required in paragraph (b)(2) of this section.

(e) Each application for a design approval, a design certification, or a manufacturing license under part 52 of this chapter shall include:

(1) A description of the equipment for the control of gaseous and liquid effluents and for the maintenance and use of equipment installed in radioactive waste systems, under paragraph (a) of this section; and

(2) The information required in paragraph (b)(2) of this section.

[72 FR 49492, Aug. 28, 2007]
Notes of Decisions
Cited in 3 cases, 1995–2014 · leading case: In Re Tmi. Gen. Pub. Utils. Corp. Metro. Edison Co. Jersey Cent. Power & Light Co. Pennsylvania Elec. Co. Babcock & Wilcox Co. McDermott Inc. Ue & C Catalytic, Inc. (Raytheon) Burns & Roe Enter. Dresser Indus., 67 F.3d 1103 (3rd Cir. 1995).
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In Re Tmi. Gen. Pub. Utils. Corp. Metro. Edison Co. Jersey Cent. Power & Light Co. Pennsylvania Elec. Co. Babcock & Wilcox Co. McDermott Inc. Ue & C Catalytic, Inc. (Raytheon) Burns & Roe Enter. Dresser Indus., 67 F.3d 1103 (3rd Cir. 1995). “Design objectives and limiting conditions for operation conforming to the guidelines of this Appendix shall be deemed a conclusive showing of compliance with the "as low as is reasonably achievable" requirements of 10 C.F.R. 50.34a and 50.36a. Design objectives and limiting…”
Sikkelee ex rel. Est. Sikkelee v. Precision Airmotive Corp., 45 F. Supp. 3d 431 (M.D. Penn. 2014). “3d at 1109 (quoting 10 C.F.R § 50.34a(a)). .That it relies heavily on manufacturers is not an unambiguously flawed aspect of the type certification process.”
In Re: Tmi, 67 F.3d 1103 (3rd Cir. 1995). “Design objectives and limiting conditions for operation conforming to the guidelines of this Appendix shall be deemed a conclusive showing of compliance with the “as low as is reasonably achievable” requirements of 10 C.F.R. 50.34a and 50.36a. Design objectives and limiting…”
— 10 C.F.R. § 50.34a(a) — 1 case
Sikkelee ex rel. Est. Sikkelee v. Precision Airmotive Corp., 45 F. Supp. 3d 431 (M.D. Penn. 2014). “3d at 1109 (quoting 10 C.F.R § 50.34a(a)). .That it relies heavily on manufacturers is not an unambiguously flawed aspect of the type certification process.”
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