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§ 52.103 Operation under a combined license.(a) The licensee shall notify the NRC
of its scheduled date for initial loading
of fuel no later than 270 days before the (b) A request for hearing under paragraph (a) of this section must show, prima facie, that— (1) One or more of the acceptance criteria of the ITAAC in the combined license have not been, or will not be, met; and (2) The specific operational consequences of nonconformance that would be contrary to providing reasonable assurance of adequate protection of the public health and safety. (c) The Commission, acting as the
presiding officer, shall determine
whether to grant or deny the request for
hearing in accordance with the
applicable requirements of 10 CFR
2.309. If the Commission grants the
request, the Commission, acting as the
presiding officer, shall determine
whether during a period of interim
operation there will be reasonable (d) The Commission, in its discretion,
shall determine appropriate hearing
procedures, whether informal or formal (e) The Commission shall, to the maximum possible extent, render a decision on issues raised by the hearing request within 180 days of the publication of the notice provided by paragraph (a) of this section or by the anticipated date for initial loading of fuel into the reactor, whichever is later. (f) A petition to modify the terms and
conditions of the combined license will
be processed as a request for action in (g) The licensee shall not operate the
facility until the Commission makes a
finding that the acceptance criteria in
the combined license are met, except for
those acceptance criteria that the
Commission found were met under (h) After the Commission has made the finding in paragraph (g) of this section, the ITAAC do not, by virtue of their inclusion in the combined license, constitute regulatory requirements either for licensees or for renewal of the license; except for the specific ITAAC for which the Commission has granted a hearing under paragraph (a) of this section, all ITAAC expire upon final Commission action in the proceeding. However, subsequent changes to the facility or procedures described in the final safety analysis report (as updated) must comply with the requirements in §§ 52.98(e) or (f), as applicable. [57 FR 60978, Dec. 23, 1992; 72 FR 49536, Aug. 28, 2007] |
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