[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: 10CFR50.58]

[Page 747-748]
 
                            TITLE 10--ENERGY
 
                CHAPTER I--NUCLEAR REGULATORY COMMISSION
 
PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES--Table of Contents
 
Sec. 50.58  Hearings and report of the Advisory Committee on Reactor Safeguards.

    (a) Each application for a construction permit or an operating 
license for a facility which is of a type described in Sec. 50.21(b) or 
Sec. 50.22, or for a testing facility, shall be referred to the Advisory 
Committee on Reactor Safeguards for a review and report. An application 
for an amendment to such a construction permit or operating license may 
be referred to the Advisory Committee on Reactor Safeguards for review 
and report. Any report shall be made part of the record of the 
application and available to the public, except to the extent that 
security classification prevents disclosure.
    (b)(1) The Commission will hold a hearing after at least 30-days' 
notice and publication once in the Federal Register on each application 
for a construction permit for a production or utilization facility which 
is of a type described in Sec. 50.21(b) or Sec. 50.22, or for a testing 
facility.
    (2) When a construction permit has been issued for such a facility 
following the holding of a public hearing, and an application is made 
for an operating license or for an amendment to a construction permit or 
operating license, the Commission may hold a hearing after at least 30-
days' notice and publication once in the Federal Register, or, in the 
absence of a request therefor by any person whose interest may be 
affected, may issue an operating license or an amendment to a 
construction permit or operating license without a hearing, upon 30-
days' notice and publication once in the Federal Register of its intent 
to do so.
    (3) If the Commission finds, in an emergency situation, as defined 
in Sec. 50.91, that no significant hazards consideration is presented by 
an application for an amendment to an operating license, it may dispense 
with public notice and comment and may issue the amendment. If the 
Commission finds that exigent circumstances exist, as described in 
Sec. 50.91, it may reduce the period provided for public notice and 
comment.
    (4) Both in an emergency situation and in the case of exigent 
circumstances, the Commission will provide 30 days notice of opportunity 
for a hearing, though this notice may be published after issuance of the 
amendment if the Commission determines that no significant hazards 
consideration is involved.
    (5) The Commission will use the standards in Sec. 50.92 to determine 
whether a significant hazards consideration

[[Page 748]]

is presented by an amendment to an operating license for a facility of 
the type described in Sec. 50.21(b) or Sec. 50.22, or which is a testing 
facility, and may make the amendment immediately effective, 
notwithstanding the pendency before it of a request for a hearing from 
any person, in advance of the holding and completion of any required 
hearing, where it has determined that no significant hazards 
consideration is involved.
    (6) No petition or other request for review of or hearing on the 
staff's significant hazards consideration determination will be 
entertained by the Commission. The staff's determination is final, 
subject only to the Commission's discretion, on its own initiative, to 
review the determination.

[27 FR 12186, Dec. 8, 1962, as amended at 35 FR 11461, July 17, 1970; 39 
FR 10555, Mar. 21, 1974; 51 FR 7765, Mar. 6, 1986]