[Code of Federal Regulations]
[Title 10, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR50.10]

[Page 702-704]
 
                            TITLE 10--ENERGY
 
                CHAPTER I--NUCLEAR REGULATORY COMMISSION
 
PART 50_DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES
--Table of Contents
 
Sec. 50.10  License required.

    (a) Except as provided in Sec. 50.11, no person within the United 
States shall transfer or receive in interstate commerce, manufacture, 
produce, transfer, acquire, possess, or use any production or 
utilization facility except as authorized by a license issued by the 
Commission.
    (b) No person shall begin the construction of a production or 
utilization facility on a site on which the facility is to be operated 
until a construction permit has been issued. As used in this paragraph, 
the term ``construction'' shall be deemed to include pouring the 
foundation for, or the installation of, any portion of the permanent 
facility on the site, but does not include:
    (1) Site exploration, site excavation, preparation of the site for 
construction of the facility, including the driving of piles, and 
construction of roadways, railroad spurs, and transmission lines;
    (2) Procurement or manufacture of components of the facility;
    (3) Construction of non-nuclear facilities (such as turbogenerators 
and turbine buildings) and temporary buildings (such as construction 
equipment storage sheds) for use in connection with the construction of 
the facility; and
    (4) With respect to production or utilization facilities, other than 
testing facilities, required to be licensed pursuant to section 104a or 
section 104c of the Act, the construction of buildings which will be 
used for activities other than operation of a facility and which may 
also be used to house a facility. (For example, the construction of a 
college laboratory building with space for installation of a training 
reactor is not affected by this paragraph. This paragraph does not apply 
to production or utilization facilities subject to paragraph (c) of this 
section.

[[Page 703]]

    (c) Notwithstanding the provisions of paragraph (b) of this section, 
and subject to paragraphs (d) and (e) of this section, no person shall 
effect commencement of construction of a production or utilization 
facility subject to the provisions of Sec. 51.20(b) of this chapter on 
a site on which the facility is to be operated until a construction 
permit has been issued. As used in this paragraph, the term 
``commencement of construction'' means any clearing of land, excavation 
or other substantial action that would adversely affect the environment 
of a site, but does not mean:
    (1) Changes desirable for the temporary use of the land for public 
recreational uses, necessary borings to determine foundation conditions 
or other preconstruction monitoring to establish background information 
related to the suitability of the site or to the protection of 
environmental values;
    (2) Procurement or manufacture of components of the facility; and
    (3) With respect to production or utilization facilities, other than 
testing facilities, required to be licensed pursuant to section 104a or 
section 104c of the Act, the construction of buildings which will be 
used for activities other than operation of a facility and which may 
also be used to house a facility. (For example, the construction of a 
college laboratory building with space for installation of a training 
reactor is not affected by this paragraph.)
    (d)(1) Each person subject to the provisions of paragraph (c) of 
this section, who is, on March 21, 1972, conducting activities permitted 
pursuant to paragraph (b) of this section in effect prior to March 21, 
1972, may furnish to the Commission within 30 days after March 21, 1972 
or such later date as may be approved by the Commission upon good cause 
shown, a written statement of any reasons, with supporting factual 
submission, why, with reference to the factors stated in paragraph 
(d)(2) of this section, the activities should be continued, pending the 
issuance of a construction permit, notwithstanding the provisions of 
paragraph (c) of this section. If such written statement has been 
submitted, within the time specified, such activities may continue to be 
conducted pending Commission action pursuant to paragraph (d)(2) of this 
section.
    (2) Upon submission of a statement of reasons pursuant to paragraph 
(d)(1) of this section the Commission may authorize the continued 
conduct of activities permitted by paragraph (b) of this section in 
effect prior to March 21, 1972, upon consideration and balancing of the 
following factors:
    (i) Whether continuation of the activities will give rise to a 
significant adverse impact on the environment and the nature and extent 
of such impact, if any;
    (ii) Whether redress of any adverse environmental impact from 
continuation of the activities can reasonably be effected should such 
redress be necessary;
    (iii) Whether continuation of the activities would foreclose 
subsequent adoption of alternatives; and
    (iv) The effect of delay in conducting such activities on the public 
interest, including the power needs to be served by the proposed 
facility, the availability of alternative sources, if any, to meet those 
needs on a timely basis, and delay costs to the applicant and to 
consumers.
    (3) Activities permitted to be continued pursuant to this paragraph 
(d) shall be conducted in such a manner as will minimize or reduce their 
environmental impact.
    (e)(1) The Director of Nuclear Reactor Regulation may authorize an 
applicant for a construction permit for a utilization facility which is 
subject to Sec. 51.20(b) of this chapter, and is of the type specified 
in Sec. 50.21(b) (2) or (3) or Sec. 50.22 or is a testing facility to 
conduct the following activities: (i) Preparation of the site for 
construction of the facility (including such activities as clearing, 
grading, construction of temporary access roads and borrow areas); (ii) 
installation of temporary construction support facilities (including 
such items as warehouse and shop facilities, utilities, concrete mixing 
plants, docking and unloading facilities, and construction support 
buildings); (iii) excavation for facility structures; (iv) construction 
of service facilities (including such facilities as roadways, paving, 
railroad spurs, fencing, exterior utility and lighting systems, 
transmission

[[Page 704]]

lines, and sanitary sewerage treatment facilities); and (v) the 
construction of structures, systems and components which do not prevent 
or mitigate the consequences of postulated accidents that could cause 
undue risk to the health and safety of the public. No such authorization 
shall be granted unless the staff has completed a final environmental 
impact statement on the issuance of the construction permit as required 
by subpart A of part 51 of this chapter.
    (2) Such an authorization shall be granted only after the presiding 
officer in the proceeding on the construction permit application (i) has 
made all the findings required by Sec. Sec. 51.104(b) and 51.105 of 
this chapter to be made prior to issuance of the construction permit for 
the facility, and (ii) has determined that, based upon the available 
information and review to date, there is reasonable assurance that the 
proposed site is a suitable location for a reactor of the general size 
and type proposed from the standpoint of radiological health and safety 
considerations under the Act and rules and regulations promulgated by 
the Commission pursuant thereto.
    (3)(i) The Director of Nuclear Reactor Regulation may authorize an 
applicant for a construction permit for a utilization facility which is 
subject to Sec. 51.20(b) of this chapter, and is of the type specified 
in Sec. 50.21(b) (2) or (3) or Sec. 50.22 or is a testing facility to 
conduct, in addition to the activities described in paragraph (e)(1) of 
this section, the installation of structural foundations, including any 
necessary subsurface preparation, for structures, systems and components 
which prevent or mitigate the consequences of postulated accidents that 
could cause undue risk to the health and safety of the public.
    (ii) Such an authorization, which may be combined with the 
authorization described in paragraph (e)(1) of this section, or may be 
granted at a later time, shall be granted only after the presiding 
officer in the proceeding on the construction permit application has, in 
addition to making the findings and determinations required by paragraph 
(e)(2) of this section, determined that there are no unresolved safety 
issues relating to the additional activities that may be authorized 
pursuant to this paragraph that would constitute good cause for 
withholding authorization.
    (4) Any activities undertaken pursuant to an authorization granted 
under this paragraph shall be entirely at the risk of the applicant and, 
except as to matters determined under paragraphs (e)(2) and (e)(3)(ii), 
the grant of the authorization shall have no bearing on the issuance of 
a construction permit with respect to the requirements of the Act, and 
rules, regulations, or orders promulgated pursuant thereto.

[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]