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

10 C.F.R. § 50.57

Issuance of operating license. 1

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1 The Commission may issue a provisional operating license pursuant to the regulations in this part in effect on March 30, 1970, for any facility for which a notice of hearing on an application for a provisional operating license or a notice of proposed issuance of a provisional operating license has been published on or before that date.

(a)Pursuant to § 50.56, an operating license may be issued by the Commission, up to the full term authorized by § 50.51, upon finding that:

(1) Construction of the facility has been substantially completed, in conformity with the construction permit and the application as amended, the provisions of the Act, and the rules and regulations of the Commission; and

(2) The facility will operate in conformity with the application as amended, the provisions of the Act, and the rules and regulations of the Commission; and

(3) There is reasonable assurance (i) that the activities authorized by the operating license can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the regulations in this chapter; and

(4) The applicant is technically and financially qualified to engage in the activities authorized by the operating license in accordance with the regulations in this chapter. However, no finding 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.

(5) The applicable provisions of part 140 of this chapter have been satisfied; and

(6) The issuance of the license will not be inimical to the common defense and security or to the health and safety of the public.

(b) Each operating license will include appropriate provisions with respect to any uncompleted items of construction and such limitations or conditions as are required to assure that operation during the period of the completion of such items will not endanger public health and safety.

(c) An applicant may, in a case where a hearing is held in connection with a pending proceeding under this section make a motion in writing, under this paragraph (c), for an operating license authorizing low-power testing (operation at not more than 1 percent of full power for the purpose of testing the facility), and further operations short of full power operation. Action on such a motion by the presiding officer shall be taken with due regard to the rights of the parties to the proceedings, including the right of any party to be heard to the extent that his contentions are relevant to the activity to be authorized. Before taking any action on such a motion that any party opposes, the presiding officer shall make findings on the matters specified in paragraph (a) of this section as to which there is a controversy, in the form of an initial decision with respect to the contested activity sought to be authorized. The Director of Nuclear Reactor Regulation will make findings on all other matters specified in paragraph (a) of this section. If no party opposes the motion, the presiding officer will issue an order in accordance with § 2.319(p) authorizing the Director of Nuclear Reactor Regulation to make appropriate findings on the matters specified in paragraph (a) of this section and to issue a license for the requested operation.

[35 FR 5318, Mar. 31, 1970, as amended at 35 FR 6644, Apr. 25, 1970; 37 FR 11873, June 15, 1972; 37 FR 15142, July 28, 1972; 49 FR 35753, Sept. 12, 1984; 51 FR 7765, Mar. 6, 1986; 69 FR 2275, Jan. 14, 2004]
Notes of Decisions
Cited in 16 cases, 1961–2020 · leading case: Power Reactor Dev. Co. v. Int'l Union of Elec., Radio & Mach. Workers, 367 U.S. 396 (1961).
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Power Reactor Dev. Co. v. Int'l Union of Elec., Radio & Mach. Workers, 367 U.S. 396 (1961). · cites it 2× “57, 10 CFR § 50.57 , operation at full power (100,000 electric kilowatts) will not be permitted until several steps of gradually increasing operation have been successfully mastered, with a full public hearing at each step, and no further advance permitted without the AEC's…”
O'CONNER v. Commonwealth Edison Co., 748 F. Supp. 672 (C.D. Ill. 1990). “See, 10 C.F.R. § 50.57 (a)(2). 10 C.F.R. § 20.”
Citizens for Safe Power, Inc., & Audubon Naturalist Council v. Nuclear Regulatory Comm'n, Maine Yankee Atomic Power Co., Intervenor, 524 F.2d 1291 (D.C. Cir. 1975). · cites it 2× “§ 2235 ) and 10 CFR § 50.57 (a)(l)(2) require findings that the facility has been constructed and will operate in conformity with the provisions of the Act and of the Commission’s rules and regulations.”
Union of Concerned Scientists v. Atomic Energy Comm'n & United States of Am., Boston Edison Co., Intervenor, 499 F.2d 1069 (D.C. Cir. 1974). “The regulation governing the issuance of an operating license, 10 C.F.R. § 50.57 (a), provides that the Commission will first find that (3) There is reasonable assurance (i) that the activities authorized by the operating license can be conducted without endangering the health…”
Coley v. Commonwealth Edison Co., 768 F. Supp. 625 (N.D. Ill. 1991). “10 C.F.R. § 50.57 (a)(2). Finally, in the highly technical field of radiation there is a need for clear statements of how to “limit a worker’s dose without exposing the worker to injury or itself to liability.”
Porter Cnty. Chapter of the Izaak Walton League of Am., Inc. v. Nuclear Regulatory Comm'n, 606 F.2d 1363 (D.C. Cir. 1979). “NRC regulations require only a “reasonable assurance” that the safety questions will be resolved prior to completion of construction. That finding must be based on a judgment that the technical information needed will be available in time, when the final safety analysis report…”
Cuomo v. United States Nuclear Regulatory Comm'n, 772 F.2d 972 (D.C. Cir. 1985). “, CLI-85-12 (NRC June 20, 1985), to delay low-power testing while such risks are evaluated could eliminate the benefits — including early detection of problems — of low-power testing under 10 C.F.R. § 50.57 (c) (1984), which permits low-power operation prior to the resolution of…”
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). “See 10 C.F.R. § 50.57 (1986). We are aware of Petitioner’s important concern that the inertia generated by completion of the construction of a nuclear power plant, with the massive investment it represents, could, in some circumstances, sway the licensing authority from properly…”
Massachusetts Pub. Interest Rsch. Grp., Inc. v. United States Nuclear Regulatory Comm'n, 852 F.2d 9 (1st Cir. 1988). “47 and 10 C.F.R. § 50.57 , is given high organizational priority and sufficient funding by the licensee, the Federal Emergency Management Agency (FEMA), the Massachusetts Civil Defense Agency (MCDA) and local governments; and (3) that the inherent design flaws noted by…”
Deukmejian v. Nuclear Regulatory Comm'n, 751 F.2d 1287 (D.C. Cir. 1984). “10 C.F.R. § 50.57 (a)(2) (1983). . Id. § 50.”
Union Of Concerned Scientists v. U.S. Nuclear Regulatory Comm'n, 735 F.2d 1437 (D.C. Cir. 1984). “" 10 C.F.R. 50.57(a)(1). Both the NRC and FEMA, which has been assigned the task of making a preliminary finding on the adequacy of offsite emergency preparation, require by rule an assessment of emergency exercises, which they then rely on in determining the adequacy of…”
Union of Concerned Scientists v. United States Nuclear Regulatory Comm'n, 735 F.2d 1437 (D.C. Cir. 1984). “” 10 C.F.R. 50.57(a)(1). Both the NRC and FEMA, which has been assigned the task of making a preliminary finding on the adequacy of offsite emergency preparation, require by rule an assessment of emergency exercises, which they then rely on in determining the adequacy of…”
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— 10 C.F.R. § 50.57(a)(1) — 2 cases
Union Of Concerned Scientists v. U.S. Nuclear Regulatory Comm'n, 735 F.2d 1437 (D.C. Cir. 1984). “" 10 C.F.R. 50.57(a)(1). Both the NRC and FEMA, which has been assigned the task of making a preliminary finding on the adequacy of offsite emergency preparation, require by rule an assessment of emergency exercises, which they then rely on in determining the adequacy of…”
Union of Concerned Scientists v. United States Nuclear Regulatory Comm'n, 735 F.2d 1437 (D.C. Cir. 1984). “” 10 C.F.R. 50.57(a)(1). Both the NRC and FEMA, which has been assigned the task of making a preliminary finding on the adequacy of offsite emergency preparation, require by rule an assessment of emergency exercises, which they then rely on in determining the adequacy of…”
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