C.F.R. » Title 10 » CHAPTER I—NUCLEAR REGULATORY COMMISSION › PART 54—REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR POWER PLANTS

10 C.F.R. § 54.31

Issuance of a renewed license

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(a) A renewed license will be of the class for which the operating license or combined license currently in effect was issued.

(b) A renewed license will be issued for a fixed period of time, which is the sum of the additional amount of time beyond the expiration of the operating license or combined license (not to exceed 20 years) that is requested in a renewal application plus the remaining number of years on the operating license or combined license currently in effect. The term of any renewed license may not exceed 40 years.

(c) A renewed license will become effective immediately upon its issuance, thereby superseding the operating license or combined license previously in effect. If a renewed license is subsequently set aside upon further administrative or judicial appeal, the operating license or combined license previously in effect will be reinstated unless its term has expired and the renewal application was not filed in a timely manner.

(d) A renewed license may be subsequently renewed in accordance with all applicable requirements.

[60 FR 22491, May 8, 1995, as amended at 72 FR 49560, Aug. 28, 2007]
Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2009–2024 · leading case: Beyond Nuclear v. U.S. Nuclear Regulatory Comm'n, 704 F.3d 12 (1st Cir. 2013).
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Beyond Nuclear v. U.S. Nuclear Regulatory Comm'n, 704 F.3d 12 (1st Cir. 2013). · cites it 2× “See 10 C.F.R. § 54.31 (b). With its application, NextEra submitted an environmental report, as required by 10 C.”
The Matter of Entergy Nuclear Operations v. New York State Dep't of State, 66 N.E.3d 1062 (N.Y. 2016). · cites it 2× “In 1995, the NRC adopted its current “Part 54” regulations, authorizing the re-licensing of nuclear reactors for up to 20 years beyond the original term (see 10 CFR 54.31 [b]). A renewed operating license supersedes the original license (see 10 CFR 54.”
Commonwealth of Massachusetts v. US Nuclear Regulatory Commissi, 708 F.3d 63 (1st Cir. 2013). · cites it 2× “The other Commissioners made no direct response, but two noted that if the renewed license were set aside on judicial review, the previous license would be reinstated pursuant to 10 C.F.R. § 54.31 (c). Massachusetts petitioned this court for review.”
New Jersey Dep't of Env't Prot. v. United States Nuclear Regulatory Comm'n, 561 F.3d 132 (3d Cir. 2009). “See 10 C.F.R. § 54.31 . Two sets of regulatory requirements govern the NRC’s review of license renewal applications.”
New Jersey Env't Fed'n v. United States Nuclear Regulatory Comm'n, 645 F.3d 220 (3d Cir. 2011). “10 C.F.R. § 54.31 (b). Section 189(a) of the AEA directs the NRC to “grant a hearing upon the request of any person whose interest may be affected by the proceeding, and [ ] admit any such person as a party to such proceeding.”
San Luis Obispo Mothers for Peace v. United States Nuclear Regulatory Comm'n, 100 F.4th 1039 (9th Cir. 2024). “; 10 C.F.R. § 54.31 (b). Alternatively, an operator of a nuclear power plant may choose to terminate operations and enter a decommissioning process by which a facility is removed from service and nuclear materials are safely stored or disposed of.”
NJ Dept Env Prot v. NRC (3d Cir. 2009). “See 10 C.F.R. § 54.31 . Two sets of regulatory requirements govern the NRC’s review of license renewal applications.”
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