10 C.F.R. § 50.51

Continuation of license

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(a) Except as noted in § 50.51(c), each license will be issued for a fixed period of time to be specified in the license but in no case to exceed 40 years from date of issuance. Where the operation of a facility is involved, the Commission will issue the license for the term requested by the applicant or for the estimated useful life of the facility if the Commission determines that the estimated useful life is less than the term requested. Where construction of a facility is involved, the Commission may specify in the construction permit the period for which the license will be issued if approved pursuant to § 50.56. Licenses may be renewed by the Commission upon the expiration of the period. Renewal of operating licenses for nuclear power plants is governed by 10 CFR part 54. Application for termination of license is to be made pursuant to § 50.82.

(b) Each license for a facility that has permanently ceased operations, continues in effect beyond the expiration date to authorize ownership and possession of the production or utilization facility, until the Commission notifies the licensee in writing that the license is terminated. During such period of continued effectiveness the licensee shall—

(1) Take actions necessary to decommission and decontaminate the facility and continue to maintain the facility, including, where applicable, the storage, control and maintenance of the spent fuel, in a safe condition, and

(2) Conduct activities in accordance with all other restrictions applicable to the facility in accordance with the NRC regulations and the provisions of the specific 10 CFR part 50 license for the facility.

(c) Each non-power production or utilization facility license issued under § 50.21(a) or (c), other than a testing facility license, after January 29, 2025, will be issued with no fixed license term.

[56 FR 64976, Dec. 13, 1991, as amended at 61 FR 39300, July 29, 1996; 89 FR 106251, Dec. 30, 2024]

Notes of Decisions

Cited in 4 cases, 1993–2008 · leading case: Massachusetts v. United States, 522 F.3d 115 (1st Cir. 2008).

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Massachusetts v. United States, 522 F.3d 115 (1st Cir. 2008). “29,043, 29,050 (proposed July 17, 1990); see also 10 C.F.R. § 50.51 . Agency regulations now explicitly subject licenses for plants issued under both provisions to the same requirements for renewal.”

Maine Yankee Atomic Power Co. v. Bonsey, 107 F. Supp. 2d 47 (D. Me. 2000). · cites it 2× “See 10 C.F.R. § 50.51 (b). In decommissioning the nuclear facility, Maine Yankee is required by its operating license to ensure the “storage, control and maintenance of the spent fuel, in a safe condition.”

Am. Pub. Power Ass'n v. U.S. Nuclear Regulatory Comm'n, 990 F.2d 1309 (D.C. Cir. 1993). “See 10 C.F.R. § 50.51 . Under section 105(c) of the Act, Congress provided for antitrust review before the grant of a commercial license.”

Maine Yankee v. Bonsey, et al., 2000 DNH 106 (D.N.H. 2000). “See 10 C.F.R. § 50.51 (b). In decommissioning the nuclear facility, Maine Yankee is required by its operating license to ensure the “storage, control and maintenance of the spent fuel, in a safe condition.”

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