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Requirement of License, Exceptions§ 50.10 License required; limited work authorization.(a) Definitions. As used in this section, construction means the activities in paragraph (a)(1) of this section, and does not mean the activities in paragraph (a)(2) of this section. (1) Activities constituting construction are the driving of piles, subsurface preparation, placement of backfill, concrete, or permanent retaining walls within an excavation, installation of foundations, or in-place assembly, erection, fabrication, or testing, which are for: (i) Safety-related structures, systems, or components (SSCs) of a facility, as defined in 10 CFR 50.2; (ii) SSCs relied upon to mitigate accidents or transients or used in plant emergency operating procedures; (iii) SSCs whose failure could prevent safety-related SSCs from fulfilling their safety-related function; (iv) SSCs whose failure could cause a reactor scram or actuation of a safety-related system; (v) SSCs necessary to comply with 10 CFR part 73; (vi) SSCs necessary to comply with 10 CFR 50.48 and criterion 3 of 10 CFR part 50, appendix A; and (vii) Onsite emergency facilities, that is, technical support and operations support centers, necessary to comply with 10 CFR 50.47 and 10 CFR part 50, appendix E. (2) Construction does not include: (i) Changes for temporary use of the land for public recreational purposes; (ii) Site exploration, including necessary borings to determine foundation conditions or other preconstruction monitoring to establish background information related to the suitability of the site, the environmental impacts of construction or operation, or the protection of environmental values; (iii) Preparation of a site for construction of a facility, including clearing of the site, grading, installation of drainage, erosion and other environmental mitigation measures, and construction of temporary roads and borrow areas; (iv) Erection of fences and other access control measures; (v) Excavation; (vi) Erection of support buildings (such as, construction equipment storage sheds, warehouse and shop facilities, utilities, concrete mixing plants, docking and unloading facilities, and office buildings) for use in connection with the construction of the facility; (vii) Building of service facilities, such as paved roads, parking lots, railroad spurs, exterior utility and lighting systems, potable water systems, sanitary sewerage treatment facilities, and transmission lines; (viii) Procurement or fabrication of
components or portions of the proposed
facility occurring at other than the final, (ix) Manufacture of a nuclear power reactor under a manufacturing license under subpart F of part 52 of this chapter to be installed at the proposed site and to be part of the proposed facility; or (x) With respect to production or utilization facilities, other than testing facilities and nuclear power plants, required to be licensed under Section 104.a or Section 104.c of the Act, the erection of buildings which will be used for activities other than operation of a facility and which may also be used to house a facility (e.g., the construction of a college laboratory building with space for installation of a training reactor). (b) Requirement for license. Except as
provided in § 50.11 of this chapter, no
person within the United States shall (c) Requirement for construction
permit, early site permit authorizing
limited work authorization activities,
combined license, or limited work
authorization. No person may begin the
construction of a production or
utilization facility on a site on which
the facility is to be operated until that
person has been issued either a
construction permit under this part, a (d) Request for limited work authorization. (1) Any person to whom the Commission may otherwise issue either a license or permit under Sections 103, 104.b, or 185 of the Act for a facility of the type specified in §§ 50.21(b)(2), (b)(3), or 50.22 of this chapter, or a testing facility, may request a limited work authorization allowing that person to perform the driving of piles, subsurface preparation, placement of backfill, concrete, or permanent retaining walls within an excavation, installation of the foundation, including placement of concrete, any of which are for an SSC of the facility for which either a construction permit or combined license is otherwise required under paragraph (c) of this section. (2) An application for a limited work authorization may be submitted as part of a complete application for a construction permit or combined license in accordance with 10 CFR 2.101(a)(1) through (a)(5), or as a partial application in accordance with 10 CFR 2.101(a)(9). An application for a limited work authorization must be submitted by an applicant for or holder of an early site permit as a complete application in accordance with 10 CFR 2.101(a)(1) through (a)(4). (3) The application must include: (i) A safety analysis report required by
10 CFR 50.34, 10 CFR 52.17 or 10 CFR
52.79 of this chapter, as applicable, a (ii) An environmental report in accordance with § 51.49 of this chapter; and (iii) A plan for redress of activities performed under the limited work authorization, should limited work activities be terminated by the holder or the limited work authorization be revoked by the NRC, or upon effectiveness of the Commission's final decision denying the associated construction permit or combined license application, as applicable. (e) Issuance of limited work authorization. (1) The Director of New Reactors or the Director of Nuclear Reactor Regulation may issue a limited work authorization only after: (i) The NRC staff issues the final environmental impact statement for the limited work authorization in accordance with subpart A of part 51 of this chapter; (ii) The presiding officer makes the finding in § 51.105(c) or § 51.107(d) of this chapter, as applicable; (iii) The Director determines that the
applicable standards and requirements
of the Act, and the Commission's (iv) The presiding officer finds that
there are no unresolved safety issues
relating to the activities to be conducted (2) Each limited work authorization will specify the activities that the holder is authorized to perform. (f) Effect of limited work authorization. Any activities undertaken under a limited work authorization are entirely at the risk of the applicant and, except as to the matters determined under paragraph (e)(1) of this section, the issuance of the limited work authorization has no bearing on the issuance of a construction permit or combined license with respect to the requirements of the Act, and rules, regulations, or orders issued under the Act. The environmental impact statement for a construction permit or combined license application for which a limited work authorization was previously issued will not address, and the presiding officer will not consider, the sunk costs of the holder of limited work authorization in determining the proposed action (i.e., issuance of the construction permit or combined license). (g) Implementation of redress plan. If
construction is terminated by the
holder, the underlying application is
withdrawn by the applicant or denied
by the NRC, or the limited work
authorization is revoked by the NRC,
then the holder must begin
implementation of the redress plan in a
reasonable time. The holder must also
complete the redress of the site no later
than 18 months after termination of
construction, revocation of the limited
work authorization, or upon [21 FR 355, Jan. 19, 1956, as amended at 25 FR 8712, Sept. 9, 1960; 33 FR 2381, Jan. 31, 1968; 35 FR 11460, July 7, 1970; 37 FR 5748, Mar. 21, 1972; 39 FR 14508, Apr. 24, 1974; 39 FR 26279, July 18, 1974; 39 FR 33202, Sept. 16, 1974; 43 FR 6924, Feb. 17, 1978; 49 FR 9403, Mar. 12, 1984; 72 FR 49489, Aug. 28, 2007; 72 FR 57441, Oct. 9, 2007] |
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