C.F.R. » Title 10 » CHAPTER I—NUCLEAR REGULATORY COMMISSION › PART 72—LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-RELATED GREATER THAN CLASS C WASTE › Subpart C—Issuance and Conditions of License

10 C.F.R. § 72.42

Duration of license; renewal

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(a) Each license issued under this part must be for a fixed period of time to be specified in the license. The license term for an ISFSI must not exceed 40 years from the date of issuance. The license term for an MRS must not exceed 40 years from the date of issuance. Licenses for either type of installation may be renewed by the Commission at the expiration of the license term upon application by the licensee for a period not to exceed 40 years and under the requirements of this rule. Application for ISFSI license renewals must include the following:

(1) TLAAs that demonstrate that structures, systems, and components important to safety will continue to perform their intended function for the requested period of extended operation; and

(2) A description of the AMP for management of issues associated with aging that could adversely affect structures, systems, and components important to safety.

(b) Applications for renewal of a license should be filed in accordance with the applicable provisions of subpart B of this part at least 2 years before the expiration of the existing license. The application must also include design bases information as documented in the most recently updated FSAR as required by § 72.70. Information contained in previous applications, statements, or reports filed with the Commission under the license may be incorporated by reference provided that these references are clear and specific.

(c) In any case in which a licensee, not less than two years prior to expiration of its existing license, has filed an application in proper form for renewal of a license, the existing license shall not expire until a final decision concerning the application for renewal has been made by the Commission.

[53 FR 31658, Aug. 19, 1988, as amended at 76 FR 8890, Feb. 16, 2011]
Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 2010–2025 · leading case: NRC v. Texas, 605 U.S. 665 (2025).
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NRC v. Texas, 605 U.S. 665 (2025). “, at 74694, 74703 ; 10 CFR §72.42 . Soon thereafter, Congress passed and President Reagan signed the Nuclear Waste Policy Act of 1982, 96 Stat.”
Skull Valley Band of Goshute Indians v. Davis, 728 F. Supp. 2d 1287 (D. Utah 2010). “6 See 10 C.F.R. § 72.42 . When the NRC license expires and the lease ends, PFS must decommission the facility.”
Exelon Generation Co LLC, Etc v. Twp. of lacey/oyster Creek Environmenal Protect v. Twp. of Lacey (N.J. Tax Ct. 2025). “10 C.F.R. § 72.42 (a). The design life of the casks is sixty years.”
Exelon Generation Co LLC, Etc v. Twp. of lacey/oyster Creek Environmenal Protect v. Twp. of Lacey (N.J. Tax Ct. 2025). “10 C.F.R. § 72.42 (a). The design life of the casks is sixty years.”
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