[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2001] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR50.42] [Page 702-703] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES--Table of Contents Sec. 50.42 Additional standards for class 103 licenses. In determining whether a class 103 license will be issued to an applicant, the Commission will, in addition to applying the standards set forth in Sec. 50.40, be guided by the following considerations: (a) The proposed activities will serve a useful purpose proportionate to the quantities of special nuclear material or source material to be utilized. (b) Due account will be taken of the advice provided by the Attorney General, under subsection 105c of the Act, and to any evidence that may be provided during any proceedings in connection with the antitrust aspects of the application for a construction permit or the facility's initial operating license. (1) For this purpose, the Commission will promptly transmit to the Attorney [[Page 703]] General a copy of the construction permit application or initial operating license application. The Commission will request any advice as the Attorney General considers appropriate in regard to the finding to be made by the Commission as to whether the proposed license would create or maintain a situation inconsistent with the antitrust laws, as specified in subsection 105a of the Act. This requirement will not apply-- (i) With respect to the types of class 103 licenses which the Commission, with the approval of the Attorney general, may determine would not significantly affect the applicant's activities under the antitrust laws; and (ii) To an application for an initial license to operate a production or utilization facility for which a class 103 construction permit was issued unless the Commission, after consultation with the Attorney General, determines such review is advisable on the ground that significant changes have occurred subsequent to the previous review by the Attorney General and the Commission. (2) The Commission will publish any advice it receives from the Attorney General in the Federal Register. After considering the antitrust aspects of the application for a construction permit or initial operating license, the Commission, if it finds that the construction permit or initial operating license to be issued or continued, would create or maintain a situation inconsistent with the antitrust laws specified subsection 105a of the Act, will consider, in determining whether a construction permit or initial operating license should be issued or continued, other factors the Commission considers necessary to protect the public interest, including the need for power in the affected area.\1\ --------------------------------------------------------------------------- \1\ As permitted by subsection 105c(8) of the Act, with respect to proceedings in which an application for a construction permit was filed prior to Dec. 19, 1970, and proceedings in which a written request for antitrust review of an application for an operating license to be issued under section 104b has been made by a person who intervened or sought by timely written notice to the Atomic Energy Commission to intervene in the construction permit proceeding for the facility to obtain a determination of antitrust considerations or to advance a jurisdictional basis for such determination within 25 days after the date of publication in the Federal Register of notice of filing of the application for an operating license or Dec. 19, 1970, whichever is later, the Commission may issue a construction permit or operating license in advance of consideration of, and findings with respect to the antitrust aspects of the application, provided that the permit or license so issued contains the condition specified in Sec. 50.55b. [21 FR 355, Jan. 19, 1956, as amended at 35 FR 11461, July 17, 1970; 35 FR 19660, Dec. 29, 1970; 65 FR 44660, July 19, 2000]