10 C.F.R. § 72.1

Purpose

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The regulations in this part establish requirements, procedures, and criteria for the issuance of licenses to receive, transfer, and possess power reactor spent fuel, power reactor-related Greater than Class C (GTCC) waste, and other radioactive materials associated with spent fuel storage in an independent spent fuel storage installation (ISFSI) and the terms and conditions under which the Commission will issue these licenses. The regulations in this part also establish requirements, procedures, and criteria for the issuance of licenses to the Department of Energy (DOE) to receive, transfer, package, and possess power reactor spent fuel, high-level radioactive waste, power reactor-related GTCC waste, and other radioactive materials associated with the storage of these materials in a monitored retrievable storage installation (MRS). The term Monitored Retrievable Storage Installation or MRS, as defined in § 72.3, is derived from the Nuclear Waste Policy Act (NWPA) and includes any installation that meets this definition. The regulations in this part also establish requirements, procedures, and criteria for the issuance of Certificates of Compliance approving spent fuel storage cask designs.

[66 FR 51838, Oct. 11, 2001]

Notes of Decisions

Cited in 4 cases, 2004–2017 · leading case: Skull Valley Band of Goshute Indians v. Nielson Ex Rel. Utah Dep't of Env't Quality, 376 F.3d 1223 (10th Cir. 2004).

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Skull Valley Band of Goshute Indians v. Nielson Ex Rel. Utah Dep't of Env't Quality, 376 F.3d 1223 (10th Cir. 2004). “See 10 C.F.R. § 72.1 (noting that “the regulations in this part establish requirements, procedures, and criteria for the issuance of licenses to receive, transfer, and possess” SNF).”

Connecticut Coalition Against Millstone v. Connecticut Siting Council, 942 A.2d 345 (Conn. 2008). “§ 2021 (c) (4); see also 10 C.F.R. § 72.1 et seq. (2007). Connecticut does not have such an agreement with the NRC.”

Bullcreek v. Nuclear Regulatory Comm'n, 359 F.3d 536 (D.C. Cir. 2004). “Pursuant to NRC regulations, see 10 C.F.R. §§ 72.1 , 72.16-72.40, PFS filed a license application, and the NRC’s Atomic Safety and Licensing Board (“Board”) initiated an adjudicatory licensing proceeding.”

Sacramento Mun. Util. Dist. v. United States, 130 Fed. Cl. 735 (Fed. Cl. 2017). “10 C.F.R. 72.1. 21 . The NRC categorized low-level waste as Class A, B or C, according to the radiological hazard of the waste.”

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