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§ 2.101 Filing of application.(a)(1) An application for a permit, a license, a license transfer, a license amendment, a license renewal, or a standard design approval, shall be filed with the Director, Office of New Reactors, the Director, Office of Nuclear Reactor Regulation, the Director, Office of Nuclear Material Safety and Safeguards, or the Director, Office of Federal and State Materials and Environmental Management Programs, as prescribed by the applicable provisions of this chapter. A prospective applicant may confer informally with the NRC staff before filing an application. (2) Each application for a license for
a facility or for receipt of waste
radioactive material from other persons
for the purpose of commercial disposal
by the waste disposal licensee will be
assigned a docket number. However, to
allow a determination as to whether an
application for a limited work
authorization, construction permit,
operating license, early site permit,
standard design approval, combined
license, or manufacturing license for a
production or utilization facility is
complete and acceptable for docketing,
it will be initially treated as a tendered
application. A copy of the tendered
application will be available for public
inspection at the NRC Web site,
http://www.nrc.gov, and/or at the NRC (3) If the Director, Office of Nuclear
Reactor Regulation, Director, Office of
New Reactors, Director, Office of
Federal and State Materials and
Environmental Management Program, or
Director, Office of Nuclear Material
Safety and Safeguards, as appropriate,
determines that a tendered application
for a construction permit or operating
license for a production or utilization
facility, and/or any environmental
report required pursuant to subpart A of
part 51 of this chapter, or part thereof
as provided in paragraphs (a)(5) or
(a–1) of this section are complete and
acceptable for docketing, a docket (i) Submit to the Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, Director, Office of Federal and State Materials and Environmental Management Programs, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, such additional copies as the regulations in part 50 and subpart A of part 51 of this chapter require; (ii) Serve a copy on the chief
executive of the municipality in which
the facility or site which is the subject
of an early site permit is to be located
or, if the facility or site which is the
subject of an early site permit is not to
be located within a municipality, on the
chief executive of the county, and serve
a notice of availability of the application
or environmental report on the chief
executives of the municipalities or
counties which have been identified in
the application or environmental report
as the location of all or part of the
alternative sites, containing as
applicable, the docket number of the
application; a brief description of the
proposed site and facility; the location
of the site and facility as primarily
proposed and alternatively listed; the
name, address, telephone number, and
e-mail address (if available) of the
applicant's representative who may be
contacted for further information;
notification that a draft environmental
impact statement will be issued by the
Commission and will be made available
upon request to the Commission; and
notification that if a request is received
from the appropriate chief executive,
the applicant will transmit a copy of the
application and environmental report,
and any changes to these documents
which affect the alternative site
location, to the executive who makes
the request. In complying with the
requirements of this paragraph, the
applicant should not make public
distribution of those parts of the
application subject to § 2.390(d). The
applicant shall submit to the Director,
Office of New Reactors or Director,
Office of Nuclear Reactor Regulation, as (iii) Make direct distribution of
additional copies to Federal, State, and
local officials in accordance with the (4) The tendered application for a construction permit, operating license, early site permit, standard design approval, combined license, or manufacturing license will be formally docketed upon receipt by the Director, Office of New Reactors, Director, Office of Nuclear Reactor Regulation, Director, Office of Federal and State Materials and Environmental Management Programs, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, of the required additional copies. Distribution of the additional copies shall be deemed to be complete as of the time the copies are deposited in the mail or with a carrier prepaid for delivery to the designated addresses. The date of docketing shall be the date when the required copies are received by the Director, Office of New Reactors, Director, Office of Nuclear Reactor Regulation, Director, Office of Federal and State Materials and Environmental Management Programs, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate. Within 10 days after docketing, the applicant shall submit to the Director, Office of New Reactors, Director, Office of Nuclear Reactor Regulation, Director, Office of Federal and State Materials and Environmental Programs, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, an affidavit that distribution of the additional copies to Federal, State, and local officials has been completed in accordance with requirements of this chapter and written instructions furnished to the applicant by the Director, Office of New Reactors, Director, Office of Nuclear Reactor Regulation, Director, Office of Federal and State Materials and Environmental Management Programs, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate. Amendments to the application and environmental report shall be filed and distributed and an affidavit shall be furnished to the Director, Office of New Reactors, Director, Office of Nuclear Reactor Regulation, Director, Office of Federal and State Materials and Environmental Management Programs, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, in the same manner as for the initial application and environmental report. If it is determined that all or any part of the tendered application and/or environmental report is incomplete and therefore not acceptable for processing, the applicant will be informed of this determination, and the respects in which the document is deficient. (5) An applicant for a construction
permit under part 50 of this chapter or
a combined license under part 52 of this (6) [Reserved] (7) [Reserved] (8) [Reserved] (9) An applicant for a construction permit for a utilization facility which is subject to § 51.20(b) of this chapter and is of the type specified in § 50.21(b)(2) or (b)(3) or § 50.22 of this chapter, an applicant for or holder of an early site permit under part 52 of this chapter, or an applicant for a combined license under part 52 of this chapter, who seeks to conduct the activities authorized under § 50.10(d) of this chapter may submit a complete application under paragraphs (a)(1) through (a)(4) of this section which includes the information required by § 50.10(d) of this chapter. Alternatively, the applicant (other than an applicant for or holder of an early site permit) may submit its application in two parts: (i) Part one must include the information required by § 50.33(a) through (f) of this chapter, and the information required by § 50.10(d)(2) and (d)(3) of this chapter. (ii) Part two must include the
remaining information required by the
Commission's regulations in this
chapter which was not submitted in part
one, provided, however, that this
information may be submitted in
accordance with the applicable
provisions of paragraph (a)(5) of this
section, or, for a construction permit
applicant, paragraph (a)(1) of this (a–1) Early consideration of site
suitability issues. An applicant for a construction permit under part 50 of
this chapter or a combined license
under part 52 of this chapter for a
utilization facility which is subject to § 51.20(b) of this chapter and is of the
type specified in § 50.21(b)(2) or (3) or § 50.22 of this chapter or is a testing
facility, may request that the (1) Construction permit. The applicant for the construction permit may submit the information required of applicants by the provisions of this chapter in three parts: (i) Part one shall include or be
accompanied by any information
required by §§ 50.34(a)(1) and 50.30(f) of
this chapter which relates to the issue(s)
of site suitability for which an early
review, hearing, and partial decision are
sought, except that information with
respect to operation of the facility at the
projected initial power level need not be (A) Proposed findings on the issues of
site suitability on which the applicant
has requested review and a statement of (B) A range of postulated facility
design and operation parameters that is
sufficient to enable the Commission to (C) Information concerning the applicant's site selection process and long-range plans for ultimate development of the site required by § 2.603(b)(1). (ii) Part two shall include or be accompanied by the remaining information required by §§ 50.30(f), 50.33, and 50.34(a)(1) of this chapter. (iii) Part three shall include the remaining information required by §§ 50.34a and (in the case of a nuclear power reactor) 50.34(a) of this chapter. (iv) The information required for part
two or part three shall be submitted
during the period the partial decision on (2) Combined license under part 52. An applicant for a combined license under part 52 of this chapter may submit the information required of applicants by the provisions of this chapter in three parts: (i) Part one shall include or be
accompanied by any information
required by §§ 52.79(a)(1) and 50.30(f) of
this chapter which relates to the issue(s)
of site suitability for which an early
review, hearing, and partial decision are
sought, except that information with
respect to operation of the facility at the
projected initial power level need not be (A) Proposed findings on the issues of
site suitability on which the applicant
has requested review and a statement of (B) A range of postulated facility
design and operation parameters that is
sufficient to enable the Commission to (C) Information concerning the applicant's site selection process and long-range plans for ultimate development of the site required by § 2.621(b)(1). (ii) Part two shall include or be accompanied by the remaining information required by §§ 50.30(f), 50.33, and 52.79(a)(1) of this chapter. (iii) Part three shall include the remaining information required by §§ 52.79 and 52.80 of this chapter. (iv) The information required for part
two or part three shall be submitted
during the period the partial decision on (b) After the application has been
docketed each applicant for a license for
receipt of waste radioactive material
from other persons for the purpose of
commercial disposal by the waste
disposal licensee except applicants
under part 61 of this chapter, who must
comply with paragraph (g) of this
section, shall serve a copy of the
application and environmental report,
as appropriate, on the chief executive of
the municipality, in which the activity
is to be conducted or, if the activity is
not to be conducted within a
municipality on the chief executive of
the county, and serve a notice of (c) Upon receipt and acceptance for docketing of the required portions of the application dealing with radiological health and safety and environmental matters, notice of receipt will be published in the Federal Register including an appropriate notice of hearing. (1) The portion of the application filed contains the information requested by the Attorney General for the purpose of an antitrust review of the application as set forth in appendix L to part 50 of this chapter; (2) Upon receipt and acceptance for docketing of the remaining portions of the application dealing with radiological health and safety and environmental matters, notice of receipt will be published in the Federal Register including an appropriate notice of hearing; and (3) Any person who wishes to have his views on the antitrust matters of the application considered by the NRC and presented to the Attorney General for consideration should submit such views within sixty (60) days after publication of the notice announcing receipt and docketing of the antitrust information to the U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention: Chief, Policy Development and Technical Support Branch. (d) The Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, Director, Office of Federal and State Materials and Environmental Management Programs, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, will give notice of the docketing of the public health and safety, common defense and security, and environmental parts of an application for a license for a facility or for receipt of waste radioactive material from other persons for the purpose of commercial disposal by the waste disposal licensee, except that for applications pursuant to part 61 of this chapter, paragraph (g) of this section applies to the Governor or other appropriate official of the State in which the facility is to be located or the activity is to be conducted and will publish in the Federal Register a notice of docketing of the application which states the purpose of the application and specifies the location at which the proposed activity would be conducted. (e)(1) Each application for construction authorization for a HLW repository at a geologic repository operations area pursuant to parts 60 or 63 of this chapter, and each application for a license to receive and possess high-level radioactive waste at a geologic repository operations area pursuant to parts 60 or 63 of this chapter, and any environmental impact statement required in connection therewith pursuant to subpart A of part 51 of this chapter shall be processed in accordance with the provisions of this paragraph. (2) To allow a determination as to whether the application is complete and acceptable for docketing, it will be initially treated as a tendered document, and a copy will be available for public inspection in the Commission's Public Document Room. Twenty copies shall be filed to enable this determination to be made. (3) If the Director, Office of Nuclear
Material Safety and Safeguards or
Director, Office of Federal and State
Materials and Environmental
Management Programs, as appropriate,
determines that the tendered document
is complete and acceptable for
docketing, a docket number will be
assigned and the applicant will be
notified of the determination. If it is
determined that all or any part of the
tendered document is incomplete and
therefore not acceptable for processing, (4) [Reserved] (5) If a tendered document is acceptable for docketing, the applicant will be requested to submit to the Director of Nuclear Material Safety and Safeguards such additional copies of the application and environmental impact statement as the regulations in part 60 or 63 and subpart A of part 51 of this chapter require; serve a copy of such application and environmental impact statement on the chief executive of the municipality in which the geologic repository operations area is to be located, or if the geologic repository operations area is not to be located within a municipality, on the chief executive of the county (or to the Tribal organization, if it is to be located within an Indian reservation); and make direct distribution of additional copies to Federal, State, Indian Tribe, and local officials in accordance with the requirements of this chapter, and written instructions from the Director of Nuclear Material Safety and Safeguards. All such copies shall be completely assembled documents, identified by docket number. Subsequently distributed amendments to the application, however, may include revised pages to previous submittals and, in such cases, the recipients are responsible for inserting the revised pages. (6) The tendered document will be
formally docketed upon receipt by the
Director, Office of Nuclear Material
Safety and Safeguards or Director, Office
of Federal and State Materials and
Environmental Management Programs,
as appropriate, of the required
additional copies. The date of docketing
shall be the date when the required
copies are received by the Director,
Office of Nuclear Material Safety and
Safeguards or Director, Office of Federal
and State Materials and Environmental
Management Programs, as appropriate.
Within ten (10) days after docketing, the (7) Amendments to the application
and supplements to the environmental
impact statement shall be filed and (8) The Director, Office of Nuclear
Material Safety and Safeguards or
Director, Office of Federal and State
Materials and Environmental
Management Programs, as appropriate,
will cause to be published in the
Federal Register a notice of docketing
which identifies the State and location
at which the proposed geologic
repository operations area would be (f) Each application for a license to receive radioactive waste from other persons for disposal under part 61 of this chapter and the accompanying environmental report shall be processed in accordance with the provisions of this paragraph. (1) To allow a determination as to whether the application or environmental report is complete and acceptable for docketing, it will be initially treated as a tendered document, and a copy will be available for public inspection in the Commission's Public Document Room, One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland 20852-2738. (i) Upon receipt of a tendered application, the Commission will publish in the Federal Register notice of the filed application and will notify the governors, legislatures and other appropriate State, county, and municipal officials and tribal governing bodies of the States and areas containing or potentially affected by the activities at the proposed site and the alternative sites. The Commission will inform these officials that the Commission staff will be available for consultation pursuant to § 61.71 of this chapter. The Federal Register notice will note the opportunity for interested persons to submit views and comments on the tendered application for consideration by the Commission and applicant. The Commission will also notify the U.S. Bureau of Indian Affairs when tribal governing bodies are notified. (ii) The Commission will also post a public notice in a newspaper or newspapers of general circulation in the affected States and areas summarizing information contained in the applicant's tendered application and noting the opportunity to submit views and comments. (iii) When the Director, Office of
Nuclear Material Safety and Safeguards
or Director, Office of Federal and State (2)(i) With respect to any tendered document that is acceptable for docketing, the applicant will be requested to: (A) Submit to the Director, Office of
Nuclear Material Safety and Safeguards
or Director, Office of Federal and State (B) Serve a copy on the chief executive of the municipality in which the waste is to be disposed of or, if the waste is not to be disposed of within a municipality, serve a copy on the chief executive of the county in which the waste is to be disposed of; (C) Make direct distribution of additional copies to Federal, State, Indian Tribal, and local officials in accordance with the requirements of this chapter and written instructions from the Director, Office of Nuclear Material Safety and Safeguards or Director, Office of Federal and State Materials and Environmental Management Programs, as appropriate; and (D) Serve a notice of availability of the application and environmental report on the chief executives or governing bodies of the municipalities or counties which have been identified in the application and environmental report as the location of all or part of the alternative sites if copies are not distributed under paragraph (g)(2)(i)(C) of this section to the executives or bodies. (ii) All distributed copies shall be completely assembled documents identified by docket number. However, subsequently distributed amendments may include revised pages to previous submittals and, in such cases, the recipients will be responsible for inserting the revised pages. In complying with the requirements of paragraph (g) of this section the applicant may not make public distribution of those parts of the application subject to § 2.390(d). (3) The tendered document will be
formally docketed upon receipt by the
Director, Office of Nuclear Material
Safety and Safeguards or Director, Office
of Federal and State Materials and
Environmental Management Programs,
as appropriate, of the required
additional copies. Distribution of the
additional copies shall be deemed to be
complete as of the time the copies are
deposited in the mail or with a carrier
prepaid for delivery to the designated
addressees. The date of docketing shall
be the date when the required copies are
received by the Director, Office of
Nuclear Material Safety and Safeguards
or Director, Office of Federal and State
Materials and Environmental
Management Programs, as appropriate.
Within ten (10) days after docketing, the
applicant shall submit to the Director,
Office of Nuclear Material Safety and
Safeguards or Director, Office of Federal
and State Materials and Environmental (4) Amendments to the application
and environmental report shall be filed
and distributed and a written statement (5) The Director, Office of Nuclear Material Safety and Safeguards or Director, Office of Federal and State Materials and Environmental Management Programs, as appropriate, will cause to be published in the Federal Register a notice of docketing which identifies the State and location of the proposed waste disposal facility and will give notice of docketing to the governor of that State and other officials listed in paragraph (g)(3) of this section and, in a reasonable period thereafter, publish in the Federal Register a notice pursuant to § 2.105 offering opportunity to request a hearing to the applicant and other affected persons. [41 FR 15833, Apr. 15, 1976; 41 FR 16793, Apr. 22, 1976, as amended at 42 FR 22885, May 5, 1977; 43 FR 46293, Oct. 6, 1978; 44 FR 60716, Oct. 22, 1979; 46 FR 13976, Feb. 25, 1981; 47 FR 9985, Mar. 9, 1982; 47 FR 57477, Dec. 27, 1982; 49 FR 9399, Mar. 12, 1984; 52 FR 31608, Aug. 21, 1987; 53 FR 43419, Oct. 27, 1988; 54 FR 27869, July 3, 1989 63 FR 66730, Dec 3, 1998; 64 FR 48947, Sept. 9, 1999; 65 FR 44659, July 19, 2000; 66 FR 55787, Nov. 2. 2001; 67 FR 67098, Nov. 4, 2002; 69 FR 2234, Jan. 14, 2004; 70 FR 61887, Oct. 27, 2005; 72 FR 49470, Aug. 28, 2007; 72 FR 57438, Oct. 9, 2007; 73 FR 5713, Jan. 31, 2008] |
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