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OPTIONS CONSIDERING PART 50, PART 70 

The NRC staff is seeking input from 

stakeholders on several alternatives for 

revisions of NRC regulations for reprocessing 

facilities. The Atomic Energy Act, as amended, 

defines reprocessing facilities as production 

facilities, and specifies requirements for them. 

Currently, 10 CFR Part 50, “Domestic Licensing 

of Production and Utilization Facilities,” provides 

the licensing framework for reprocessing 

facilities. Nuclear power reactors are defined as 

utilization facilities and are also regulated by 10 

CFR Part 50. On the other hand, 10 CFR Part 

70 establishes the licensing framework for fuel 

cycle facilities, such as the Mixed Oxide Fuel 

Fabrication Facility. 

Over the past three-plus decades, Part 50 has 

evolved to focus on nuclear power reactors. 

Consequently, its use for potential reprocessing 

facilities would create a licensing process that 

is inefficient, unstable, and unpredicatble. 

In addition, 10 CFR Part 70, as currently written, 

does not provide a suitable regulatory 

framework to license a production facility. The 

Part 70 framework would need to be revised to 

appropriately consider the hazards associated 

with reprocessing, such as handling of large 

quantities of fission products and transuranic 

isotopes, and potentially high radiation 

levels. 

 The NRC is evaluating the option of creating 

a new regulatory framework that will 

incorporate applicable provisions from both 

parts and any new provisions necessary to 

ensure the safe and secure operation of the 

facility. 

RISK-INFORMED, PERFORMANCEBASED, AND TECHNOLOGY-NEUTRAL 

REGULATIONS 

Currently, all operating international 

reprocessing facilities use, with small 

process variations, aqueous separation 

technology. Aqueous separation is a 

process that separates the components of 

nuclear fuel using two liquid solvents. 

However, reprocessing technologies using 

alternate technologies, such as 

electrochemistry and molten salts, have 

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REGULATORY GAPS 

DISCUSSED IN THIS 

SECTION: 

9 Gap 1 – Regulatory 

Framework Options, 

Part 50 or Part 70 

9 Gap 6 - Definition for 

Reprocessing Related 

Terms 

9 Gap 10 - One-Step 

Licensing and 

Inspection, Testing and 

Acceptance Criteria 

(ITAAC) Requirements 

9 Gap 12 - Financial 

Protection 

Requirements and 

Indemnity Agreements 

(10 CFR Part 140) 

9 Gap 13 - Schedule of 

Fees (10 CFR Part 170) 

9 Gap 14 - Annual Fees 

(10 CFR Part 171) 

Regulatory/Licensing Framework Issues

Development of Regulations for 

Spent Nuclear Fuel Reprocessing Facilities

Choosing the proper regulatory framework for spent nuclear fuel reprocessing facilities is 

important for the safe and effective licensing of these facilities. Although the NRC 

(through its predecessor agency, the Atomic Energy Commission) previously licensed 

reprocessing facilities in the U.S. during the 1960’s and 1970’s, the termination of these 

activities and lack of domestic interest during the 1970’s prevented necessary revisions 

to reprocessing regulations. A revised regulatory framework for reprocessing facilities 

will allow NRC regulations to adapt to advances in reprocessing technology, 

improvements in safety and risk assessment methods, and improvements in security and 

safeguards practices; and provide for a more efficient and effective licensing process. 
can begin. Most licensees or potential 

new licensees follow the one-step 

approach. The NRC staff is considering 

implementing similar requirements for the 

operation of a reprocessing facility. 

REPROCESSING TERMS AND 

DEFINITIONS

As part of the regulation development 

process, the NRC will include definitions of 

reprocessing terms that currently are not 

defined in the regulations. An example of 

potential terms lacking new or revised 

definition are “reprocessing” and 

“recycling.” Defining terms like these will 

ensure NRC has consistent and clear 

regulations. 

FINANCIAL PROTECTION, INDEMNITY; 

FEES 

Federal law and NRC regulations require 

reprocessing facilities to pay for specific 

levels of indemnity insurance. In addition, 

Federal law authorizes NRC to recover 

part of its annual budget from licensees 

and applicants though annual and service 

fees. Currently, NRC regulations do not 

specify the indemnity levels and fees for 

reprocessing facilities. 

in an effort to improve regulatory efficiency 

and increase the predictability of the 

process, the NRC established alternative 

licensing processes for nuclear power 

reactors in 10 CFR Part 52, “Licenses, 

Certifications, and Approvals for Nuclear 

Power Plants.” These provisions include a 

one-step licensing process for new reactor 

licenses. However, these revised licensing 

procedures do not specifically reference 

reprocessing facilities.

The type of reactor license issued in 

NRC’s one-step licensing process is called 

a combined operating license (COL). A 

COL authorizes construction and 

conditional operation of a new nuclear 

facility. After construction, the NRC must 

verify that the applicant has completed the 

required inspections, tests, and analyses, 

and meets the acceptance criteria (also 

called ITAAC). Once the required 

inspections, tests, and analyses are 

performed, and NRC verifies that the 

acceptance criteria are met, then the NRC 

can authorize operation of the facility. 

Fuel cycle facilities licensed under 10 CFR 

Part 70 can also use a one-step licensing 

process. Revisions to Part 70 enacted in 

2000 included requirements for a one-step 

licensing, which authorizes construction 

and conditional operation of the facility, or 

a two-step licensing process. Under the 

Part 70 licensing process, NRC must verify 

through inspection that the facility has 

been built in accordance with the license 

conditions, before operation of the facility 

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been demonstrated in laboratory studies 

and may reach commercial use in the 

future. Different processes have different 

potential hazards and safety controls. 

 Given these alternatives, the NRC is 

exploring the option of establishing 

regulations that can apply to all 

reprocessing facilities, regardless of the 

separation method used. The NRC is 

evaluating which aspects of reprocessing 

facility operations are consistent for all 

separation methods, and which ones are 

specific to the separation method used. 

These insights will allow NRC to 

implement a regulatory framework that is 

performance-based, and can 

accommodate advancements in separation 

technologies without significant revisions 

to the regulatory framework. 

ONE-STEP LICENSING

The NRC staff is evaluating the option of 

establishing a one-step licensing process 

for reprocessing facilities. In the past, the 

NRC licensed nuclear power plants and 

reprocessing facilities under a two-step 

process. This process requires separate 

reviews for a construction permit and then 

for an operating license. The NRC

licensed previous US reprocessing 

facilities and all of the currently operating 

reactors under this process. This two-step 

process can still be an appropriate 

approach for licensing a reprocessing 

facility or a nuclear power plant. In 1989, 

Regulatory/Licensing Framework Issues

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