10 C.F.R. § 50.40

Common standards

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In determining that a construction permit or operating license in this part, or early site permit, combined license, or manufacturing license in part 52 of this chapter will be issued to an applicant, the Commission will be guided by the following considerations:

(a) Except for an early site permit or manufacturing license, the processes to be performed, the operating procedures, the facility and equipment, the use of the facility, and other technical specifications, or the proposals, in regard to any of the foregoing collectively provide reasonable assurance that the applicant will comply with the regulations in this chapter, including the regulations in part 20 of this chapter, and that the health and safety of the public will not be endangered.

(b) The applicant for a construction permit, operating license, combined license, or manufacturing license is technically and financially qualified to engage in the proposed activities in accordance with the regulations in this chapter. However, no consideration of financial qualification is necessary for an electric utility applicant for an operating license for a utilization facility of the type described in § 50.21(b) or § 50.22 or for an applicant for a manufacturing license.

(c) The issuance of a construction permit, operating license, early site permit, combined license, or manufacturing license to the applicant will not, in the opinion of the Commission, be inimical to the common defense and security or to the health and safety of the public.

(d) Any applicable requirements of subpart A of 10 CFR part 51 have been satisfied.

[72 FR 49493, Aug. 28, 2007]

Notes of Decisions

Cited in 6 cases, 1978–1989 · leading case: United States v. City of New York, 463 F. Supp. 604 (S.D.N.Y. 1978).

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United States v. City of New York, 463 F. Supp. 604 (S.D.N.Y. 1978). “Moreover, no nuclear reactor will be licensed by the Commission unless it determines that, among other things, the proposed facility can be constructed and operated “at the proposed location without undue risk to the health and safety of the public.”

Sierra Club v. United States Nuclear Regulatory Comm'n, 862 F.2d 222 (9th Cir. 1988). “” 10 C.F.R. §§ 50.40 , 50.92 (1988). Part 20, in turn, articulates specific standards for protection against radiation exposure.”

Drake v. Detroit Edison Co., 443 F. Supp. 833 (W.D. Mich. 1978). “40 of the regulations, 10 CFR § 50.40 , sets forth the types of standards to be applied by the NRC in licensing proceedings: In determining that a license will be issued to an applicant, the Commission will *837 be guided by the following considerations: (a) The processes to be…”

Arnow v. United States Nuclear Regulatory Comm'n, 868 F.2d 223 (7th Cir. 1989). “34 (a) (1988), 10 C.F.R. § 50.40 (a) (1988), and 10 C.F.”

Aamodt v. United States Nuclear Regulatory Comm'n, 771 F.2d 720 (3rd Cir. 1985). “§ 2133 (d) (1982); 10 C.F.R. § 50.40 (d) (1985). Absence of such assurance will support revocation, suspension, or modification of the license.”

Coalition for the Env't v. Nuclear Regulatory Comm'n, 795 F.2d 168 (D.C. Cir. 1986). “” 10 C.F.R. § 50.40 (b) (Supp. 1956). The Commission in 1968 adopted more detailed financial qualifications regulations requiring each applicant to submit information “sufficient to demonstrate to the Commission” that it “possesses the funds necessary to coyer estimated .”

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