[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR50.55] [Page 752-755] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES--Table of Contents Sec. 50.55 Conditions of construction permits. Each construction permit shall be subject to the following terms and conditions: (a) The permit shall state the earliest and latest dates for completion of the construction or modification. (b) If the proposed construction or modification of the facility is not completed by the latest completion date, the permit shall expire and all rights thereunder shall be forfeited: Provided, however, That upon good cause shown the Commission will extend the completion date for a reasonable period of time. The Commission will recognize, among other things, developmental problems attributable to the experimental nature of the facility or fire, flood, explosion, strike, sabotage, domestic violence, enemy action, an act of the elements, and other acts beyond the control of the permit holder, as a basis for extending the completion date. (c) Except as modified by this section and Sec. 50.55a, the construction permit shall be subject to the same conditions to which a license is subject. (d) At or about the time of completion of the construction or modification of the facility, the applicant will file any additional information needed to bring the original application for license up to date, and will file an application for an operating license or an amendment to an application for a license to construct and operate the facility for the issuance of an operating license, as appropriate, as specified in Sec. 50.30(d) of this part. (e)(1) Each individual, corporation, partnership, or other entity holding a facility construction permit subject to this part must adopt appropriate procedures to-- (i) Evaluate deviations and failures to comply to identify defects and failures to comply associated with substantial safety hazards as soon as practicable, and, except as provided in paragraph (e)(1)(ii) of this section, in all cases within 60 days of discovery, in order to identify a reportable defect or failure to comply that could create a substantial safety hazard, were it to remain uncorrected. (ii) Ensure that if an evaluation of an identified deviation or failure to comply potentially associated with a substantial safety hazard cannot be completed within 60 days from discovery of the deviation or failure to comply, an interim report is prepared and submitted to the Commission through a director or responsible officer or designated person as discussed in paragraph (e)(7) of this section. The interim report should describe the deviation or failure to comply that is being evaluated and should also state when the evaluation will be completed. This interim report must be submitted in writing within 60 days of discovery of the deviation or failure to comply. (iii) Ensure that a director or responsible officer of the holder of a facility construction permit subject to this part is informed as soon as practicable, and, in all cases, within the 5 working days after completion of the evaluation described in paragraph (e)(1)(i) or (e)(1)(ii) of this section, if the construction of a facility or activity, or a basic component supplied for such facility or activity-- (A) Fails to comply with the Atomic Energy Act of 1954, as amended, or any applicable rule, regulation, order, or license of the Commission relating to a substantial safety hazard, (B) Contains a defect, or (C) Undergoes any significant breakdown in any portion of the quality assurance program conducted pursuant to the requirements of appendix B to 10 CFR part 50 which could have produced a defect in a basic component. Such breakdowns in the quality assurance program are reportable whether or not the breakdown actually resulted in a defect in a design approved and released for construction or installation. (2) The holder of a facility construction permit subject to this part who [[Page 753]] obtains information reasonably indicating that the facility fails to comply with the Atomic Energy Act of 1954, as amended, or any applicable rule, regulation, order, or license of the Commission relating to a substantial safety hazard must notify the Commission of the failure to comply through a director or responsible officer or designated person as discussed in paragraph (e)(7) of this section. (3) The holder of a facility construction permit subject to this part who obtains information reasonably indicating the existence of any defect found in construction or any defect found in the final design of a facility as approved and released for construction must notify the Commission of the defect through a director or responsible officer or designated person as discussed in paragraph (e)(7) of this section. (4) The holder of a facility construction permit subject to this part who obtains information reasonably indicating that the quality assurance program has undergone any significant breakdown discussed in paragraph (e)(1)(ii)(C) of this section must notify the Commission of the breakdown in the quality assurance program through a director or responsible officer or designated person as discussed in paragraph (e)(7) of this section. (5) The notification requirements of paragraphs (e)(2), (e)(3), and (e)(4) of this section apply to all defects and failures to comply associated with a substantial safety hazard regardless of whether extensive evaluation, redesign, or repair is required to conform to the criteria and bases stated in the safety analysis report or construction permit. Evaluation of potential defects and failures to comply and reporting of defects and failures to comply under this section satisfies the construction permit holder's evaluation and notification obligations under part 21 of this chapter and, satisfies the responsibility of individual directors or responsible officers of holders of construction permits issued under Sec. 50.23 of this chapter to report defects, and failures to comply associated with substantial safety hazards under section 206 of the Energy Reorganization Act of 1974. (6) The notification required by paragraphs (e)(2), (e)(3), and (e)(4) of this section must consist of-- (i) Initial notification by facsimile, which is the preferred method of notification, to the NRC Operations Center at (301) 816-5151 or by telephone at (301) 816-5100 within two days following receipt of information by the director or responsible corporate officer under paragraph (e)(1)(iii) of this section, on the identification of a defect or a failure to comply. Verification that the facsimile has been received should be made by calling the NRC Operations Center. This paragraph does not apply to interim reports described in paragraph (e)(1)(ii). (ii) Written notification submitted to the Document Control Desk, U.S. Nuclear Regulatory Commission, by an appropriate method listed in Sec. 50.4, with a copy to the appropriate Regional Administrator at the address specified in appendix D to part 20 of this chapter and a copy to the appropriate NRC resident inspector within 30 days following receipt of information by the director or responsible corporate officer under paragraph (e)(1)(iii) of this section, on the identification of a defect or failure to comply. (7) The director or responsible officer may authorize an individual to provide the notification required by this section, provided that this must not relieve the director or responsible officer of his or her responsibility under this section. (8) The written notification required by paragraph (e)(6)(ii) of this section must clearly indicate that the written notification is being submitted under Sec. 50.55(e) and include the following information, to the extent known-- (i) Name and address of the individual or individuals informing the Commission. (ii) Identification of the facility, the activity, or the basic component supplied for the facility or the activity within the United States which contains a defect or fails to comply. (iii) Identification of the firm constructing the facility or supplying the basic component which fails to comply or contains a defect. (iv) Nature of the defect or failure to comply and the safety hazard which is [[Page 754]] created or could be created by such defect or failure to comply. (v) The date on which the information of such defect or failure to comply was obtained. (vi) In the case of a basic component which contains a defect or fails to comply, the number and location of all the components in use at the facility subject to the regulations in this part. (vii) The corrective action which has been, is being, or will be taken; the name of the individual or organization responsible for the action; and the length of time that has been or will be taken to complete the action. (viii) Any advice related to the defect or failure to comply about the facility, activity, or basic component that has been, is being, or will be given to other entities. (9) The holder of a construction permit must prepare and maintain records necessary to accomplish the purposes of this section, specifically -- (i) Retain procurement documents, which define the requirements that facilities or basic components must meet in order to be considered acceptable, for the lifetime of the basic component. (ii) Retain evaluations of all deviations and failures to comply for a minimum of five years. (iii) Maintaining records in accordance with this section satisfies the construction permit holders recordkeeping obligations under part 21 of this chapter. The recordkeeping obligations of responsible officers and directors under part 21 of this chapter are met by recordkeeping in accordance with this section. (10) The requirements of this Sec. 50.55(e) are satisfied when the defect or failure to comply associated with a substantial safety hazard has been previously reported under part 21 of this chapter or under Sec. 73.71 of this chapter under Sec. 50.55(e) or Sec. 50.73 of this part. For holders of construction permits issued prior to October 29, 1991. Evaluation, reporting and recordkeeping requirements of Sec. 50.55(e) may be met by complying with the comparable requirements of part 21 of this chapter. (f)(1) Each nuclear power plant or fuel reprocessing plant construction permit holder subject to the quality assurance criteria in appendix B of this part shall implement, pursuant to Sec. 50.34(a)(7) of this part, the quality assurance program described or referenced in the Safety Analysis Report, including changes to that report. (2) Each construction permit holder described in paragraph (f)(1) of this section shall, by June 10, 1983, submit to the appropriate NRC Regional Office shown in appendix D of part 20 of this chapter the current description of the quality assurance program it is implementing for inclusion in the Safety Analysis Report, unless there are no changes to the description previously accepted by NRC. This submittal must identify changes made to the quality assurance program description since the description was submitted to NRC. (Should a permit holder need additional time beyond June 10, 1983 to submit its current quality assurance program description to NRC, it shall notify the appropriate NRC Regional Office in writing, explain why additional time is needed, and provide a schedule for NRC approval showing when its current quality assurance program description will be submitted.) (3) After March 11, 1983, each construction permit holder described in paragraph (f)(1) of this section may make a change to a previously accepted quality assurance program description included or referenced in the Safety Analysis Report, provided the change does not reduce the commitments in the program description previously accepted by the NRC. Changes to the quality assurance program description that do not reduce the commitments must be submitted to NRC within 90 days. Changes to the quality assurance program description that do reduce the commitments must be submitted to NRC and receive NRC approval before implementation, as follows: (i) Changes to the Safety Analysis Report must be submitted for review as specified in Sec. 50.4. Changes made to NRC-accepted quality assurance topical report descriptions must be submitted as specified in Sec. 50.4. (ii) The submittal of a change to the Safety Analysis Report quality assurance program description must include all pages affected by that change and [[Page 755]] must be accompanied by a forwarding letter identifying the change, the reason for the change, and the basis for concluding that the revised program incorporating the change continues to satisfy the criteria of appendix B of this part and the Safety Analysis Report quality assurance program description commitments previously accepted by the NRC (the letter need not provide the basis for changes that correct spelling, punctuation, or editorial items). (iii) A copy of the forwarding letter identifying the changes must be maintained as a facility record for three years. (iv) Changes to the quality assurance program description included or referenced in the Safety Analysis Report shall be regarded as accepted by the Commission upon receipt of a letter to this effect from the appropriate reviewing office of the Commission or 60 days after submittal to the Commission, whichever occurs first. [21 FR 355, Jan. 19, 1956, as amended at 32 FR 4055, Mar. 15, 1967; 35 FR 11461, July 17, 1970; 35 FR 19661, Dec. 29, 1970; 36 FR 11424, June 12, 1971; 37 FR 6460, Mar. 30, 1972; 38 FR 1272, Jan. 11, 1973; 41 FR 16446, Apr. 19, 1976; 42 FR 43385, Aug. 29, 1977; 48 FR 1029, Jan. 10, 1983; 51 FR 40309, Nov. 6, 1986; 56 FR 36091, July 31, 1991; 59 FR 14087, Mar. 25, 1994; 68 FR 58809, Oct. 10, 2003]