Contents

Introduction .................................................................................... 1

Two-Step Licensing Process (10 CFR Part 50)................................... 2

Construction Permit ................................................................. 2

Operating License ................................................................... 4

Additional Licensing Processes (10 CFR Part 52) .............................. 4

Early Site Permits .................................................................... 6

Standard Design Certification ................................................... 8

Combined License................................................................... 9

Other Licensing Processes ......................................................10

Manufacturing License ....................................................10

Duplicate Plant License ...................................................11

Standard Design Approval ...............................................11

Site Suitability Reviews ....................................................11

Glossary .........................................................................................13

Figures

1 Relationship Between Combined Licenses,

Early Site Permits, and Standard Design Certifications ................... 5

2 Opportunities for Public Involvement

During the Review of Early Site Permits ........................................ 8

3 Opportunities for Public Involvement

During the Review of Standard Design Certifications...................... 9

4 Opportunities for Public Involvement

During the Review of Combined Licenses ....................................11

1

Introduction

with certain conditions, into a

single license. Under either

process, before an applicant can

build and operate a nuclear power

plant, it must obtain approval

from the NRC.

Other licensing alternatives

established in 1989 are early site

permits, which allow an applicant

to obtain approval for a reactor site

and “bank” it for future use, and

certified standard plant designs,

which can be used as pre-approved

“off-the-shelf” designs.

Public involvement is a key element

in all of the NRC’s reactor licensing

processes. Consequently, the

agency holds numerous public

meetings during the course of the

licensing process, and the law

requires that the NRC must hold a

public hearing before issuing a

construction permit, early site

permit, or combined license for a

nuclear plant. In addition, all

documents and correspondence

related to an application are

placed in the NRC’s Public

Document Room (PDR) in

Rockville, Maryland, which can be

accessed through the Public

Electronic Reading Room.

Members of the public may

In order for a commercial nuclear

power plant to operate in the

United States, it has to obtain a

license from the U.S. Nuclear

Regulatory Commission (NRC).

Among other things, the NRC is

responsible for licensing and

regulating the operation of nuclear

power plants. In the past five

decades, the NRC (formed in

1975) and its predecessor, the

Atomic Energy Commission, have

issued 126 operating licenses for

nuclear power plants. Of these,

103 are currently operating, 1 is

temporarily closed, and 22 have

been shut down after operating

and are in various stages of

decommissioning. In addition,

four plants have NRC-issued

permits that would allow them to

complete construction. About

100 additional plants began the

licensing process, but did not

complete it for various reasons.

In the past, nuclear power plants

were licensed under a two-step

licensing process. This process

required both a construction

permit and an operating license.

In 1989, the NRC established an

alternative licensing process that

essentially combines a construction

permit and an operating license,
2

access the Electronic Reading

Room libraries from computers

with Internet access. The agency

issues press releases announcing

receipt of applications, as well as

public meetings, opportunities for

hearings, and other major actions

taken by the NRC. In addition,

copies of key documents and

notifications are sent to Federal,

State, and local officials; published in the Federal Register and

local newspapers; and made

available electronically.

Two-Step Licensing Process (10 CFR Part 50)

Requirements for obtaining an

operating license are contained in

the NRC’s regulations, which

prescribe a two-step process

involving issuance of a construction

permit and an operating license.

After the NRC reviews and is

satisfied with the safety of the

preliminary plant design and the

suitability of the prospective site,

the agency issues a construction

permit that allows an applicant

(e.g., utility) to begin building a

plant. Sometime during

construction, the utility submits an

application for an operating license,

which the NRC issues only if all

safety and environmental requirements are met.

Construction Permit

An application for a construction

permit must contain three types

of information:

(1) preliminary safety analyses,

(2) an environmental review, and

(3) financial and antitrust

statements.

In addition, each application must

include an assessment of the

need for the power plant.

Upon receiving an application,

the NRC performs an acceptance

review. If the NRC determines

that the construction permit

application includes the required

information, the agency publishes

a notice of receipt in the Federal

Register. The NRC then reviews

the application and documents its

findings on site safety characteristics and emergency planning in

a safety evaluation report.

To encourage public participation

in the licensing process, the NRC
3

schedules public meetings near

the proposed site to familiarize the

public with the safety and

environmental aspects of the

application, the planned location

and type of plant, the NRC’s

licensing process, and the

opportunities for public

participation in the proceeding.

In addition, the NRC holds

frequent public meetings with the

applicant throughout the licensing

process to discuss the plant’s

design and construction.

The Advisory Committee on

Reactor Safeguards (ACRS) —

an independent advisory group

of technical experts — reviews

each construction permit

application and the NRC’s related

safety evaluation in a public

meeting. The ACRS reports the

results of its reviews to the NRC’s

five-member Commission.

A mandatory public hearing is

conducted by a three-member

Atomic Safety and Licensing

Board, composed of one lawyer

(who acts as chairperson) and

two technically qualified

persons. Members of the public

may submit written or oral

statements to the licensing

board to be entered into the

hearing record, or they may

petition for leave to intervene as

full parties in the hearing.

The NRC also conducts an

environmental review, in

accordance with the National

Environmental Policy Act (NEPA),

to evaluate the potential

environmental impacts and

benefits of the proposed plant.

This includes impacts on air;

water; animal life; vegetation;

natural resources; and property of

historic, archaeological, or

architectural significance. Other

items evaluated include

economic, social, and cultural

impacts. After completion of this

review, the NRC issues a draft

environmental impact statement

for comment by the public,

including appropriate Federal,

State, and local agencies. The

agency then issues and makes

public a final environmental

impact statement (FEIS), which

addresses all comments that the

agency received.

The NRC may authorize an

applicant to do some work at a

site before a construction permit

is issued. This “limited work

authorization” can only be

granted after the Atomic Safety

and Licensing Board has made all

of the environmental findings

required for a construction permit

and determined that the proposed

site is a suitable location for a

nuclear power plant of the general

size and type proposed.
4

Operating License

Final design information and

plans for operation are developed

during the construction of the

nuclear plant. The applicant then

submits an application to the

NRC for an operating license.

The application contains a final

safety analysis report and an

updated environmental report.

The safety analysis report

describes the plant’s final design,

safety evaluation, operational

limits, anticipated response of the

plant to postulated accidents, and

plans for coping with

emergencies. The NRC reviews

the applicant’s emergency plans

in consultation with the Federal

Emergency Management Agency

to determine whether the plans

are adequate and whether there

is reasonable assurance that they

can be implemented.

The ACRS reviews each operating

license application and the NRC’s

related final safety evaluation

report in a public meeting.

A Federal Register notice is

published to provide an

opportunity for any person whose

interests might be affected by the

proceeding to petition the NRC for

a hearing. If a public hearing is

held, it is conducted by the

Atomic Safety and Licensing

Board using the same decision

process described for the

construction permit hearing.

Additional Licensing Processes

(10 CFR Part 52)

In 1989, the NRC established

new alternatives for nuclear plant

licensing under 10 CFR Part 52,

which describes a combined

licensing process, an early site

permit process, and a standard

plant design certification process.

An application for a combined

license may incorporate by

reference a standard design

certification, an early site permit,

both, or neither. This approach

allows early resolution of safety and

environmental issues. The issues

resolved by the design certification

rulemaking process and during the

early site permit hearing process

are not reconsidered during the

combined license review. These

processes are discussed in
5

Figure 1, which shows the

relationship between the three

processes.

In addition, the NRC can

perform a pre-application

review before submittal of a

license application. The

process for this review is

informal and involves the

public. Generally, the NRC

staff meets publicly with a

prospective license applicant

and provides early feedback on

Early Site

Permit or

Equivalent

Environmental

Information*

Standard Design

Certification

or Equivalent

Design

Information*

Combined

License Review,

Hearing, and

Decision*

Verification of

Inspections, Tests,

Analyses, and

Acceptance

Criteria

Reactor

Operation

Optional

Pre-Application

Review

*A combined license application can reference an early site permit, a standard design

certification, both, or neither. If an application does not reference an early site permit and/or

a standard design certification, the applicant must provide an equivalent level of information

in the combined license application.

Figure 1 - Relationships Between Combined Licenses, Early Site Permits,

and Standard Design Certifications

the licensing issues associated

with the proposed design. These

early interactions between the

NRC and applicants, vendors,

and other Government agencies,

in a public forum, facilitate the

upcoming application review.

During 2001, for instance, the

NRC and representatives of

Exelon Corporation held more

than a dozen meetings to discuss

the Pebble Bed Modular Reactor

design and provide an opportunity

for public comment.
6

Early Site Permits

Under the NRC’s regulations in

10 CFR Part 52, the agency can

issue an early site permit for

approval of one or more sites

separate from an application for a

construction permit or combined

license. Such permits are good

for 10 to 20 years and can be

renewed for an additional 10 to

20 years. They address site

safety issues, environmental

protection issues, and plans for

coping with emergencies,

independent of the review of a

specific nuclear plant design.

An application for an early site

permit must contain the following

information:

• the boundaries of the site,

including a discussion of the

exclusion area for which the

applicant has the authority to

remove or exclude persons or

property

• characteristics of the site,

including seismic, meteorologic,

hydrologic, and geologic data

• the location and description

of any nearby industrial,

military, or transportation

facilities and routes

• the existing and projected

future population of the area

surrounding the site, including

a discussion of the expected

low-population zone around

the site and the locations of

the nearest population centers

• an evaluation of alternative

sites to determine whether

there is any obviously superior

alternative to the proposed site

• the proposed general location

of each plant on the site

• the number, type, and power

level of the plants, or a range

of possible plants planned for

the site

• the maximum radiological and

thermal effluents expected

• the type of cooling system

expected to be used

• radiological dose

consequences of hypothetical

accidents

• plans for coping with

emergencies

For emergency plans, the

application must identify physical

characteristics of the site (such as

a drawbridge) that could
7

significantly hinder the

development of a complete

emergency plan. The application

must also describe contacts and

arrangements made with local,

State, and Federal government

agencies with emergency

planning responsibilities, or at

least show that the applicant has

made a good faith effort to obtain

the participation of these

organizations in the emergency

planning process. The NRC

reviews the emergency planning

information in consultation with

the Federal Emergency

Management Agency.

The NRC documents its findings

regarding site safety

characteristics and emergency

planning in a safety evaluation

report, and environmental

protection issues in draft and final

environmental impact statements.

The early site permit also has

provisions for limited work

authorization to perform nonsafety-related site preparation

activities, subject to redress,

before a combined license is

issued. After the NRC staff and

ACRS complete their respective

safety reviews, the NRC issues a

Federal Register notice

announcing a mandatory public

hearing.

Although not required, the NRC

generally holds an introductory

meeting near the proposed site

6 to 12 months before an

application is submitted for an

early site permit. This meeting is

intended to familiarize the public

with the safety and environmental

aspects of the application, the

planned location for the plant(s),

the regulatory process, and

opportunities for public

participation in the licensing

process. In addition, the agency

holds meetings with the public to

discuss the scope of the NRC’s

environmental review. All meetings

with the applicant on safety issues

are also open to the public.

In a public meeting, the ACRS

reviews each application for

an early site permit, together

with the NRC staff’s related

safety evaluation report.

Members of the public may

participate in a hearing before an

early site permit is issued. Such

hearings are conducted by the

Atomic Safety and Licensing

Board. These opportunities for

public involvement are shown

in Figure 2.
8

Standard Design

Certification

The NRC can certify a reactor

design for 15 years through the

rulemaking process, independent

of a specific site. An application

for a standard design certification

must contain information and

proposed tests, inspections,

analyses, and acceptance criteria

for the standard design.

The ACRS reviews each

application for a standard design

certification, together with the

NRC staff’s safety evaluation

report, in a public meeting. If the

design is acceptable, the NRC

staff can then certify it through a

rulemaking. Under this process,

the NRC publishes a public notice

of the proposed rule in the

Federal Register seeking public

comments. The NRC reviews the

comments and makes any

changes to the final rule, which is

then published in the Federal

Register and becomes an

appendix to 10 CFR Part 52 of

the regulations.

The issues that are resolved in a

design certification rulemaking

are subject to a more restrictive

change process than issues that

are resolved through the issuance

of a license. The NRC can only

change certified design requirements in limited circumstances.

Figure 2 - Opportunities for Public Involvement During the Review

of Early Site Permits

Optional

Pre-application Meeting

Notification of

Optional Pre-application

Meeting

Early Site

Permit (ESP)

Application

Notice of

Mandatory

Hearing

Notice of

Receipt of ESP

Application

Notice of Tech

Meetings on

Site Safety

Review

Notice of Public

Meetings on

Environmental

Review

Staff

Review

Tech Meetings

on Site Safety Review

Public

Meetings on

Environmental

Review

ACRS

Review

Meeting

Notice of

ACRS

Meeting

Mandatory

Hearing

on ESP

Early Site

Permit

Decision

Notification of Opportunity for Public Participation

Opportunity for Public Participation

Milestone Activities

Key:
9

Combined License

A combined license authorizes

construction and conditional

operation of a nuclear power

plant. The application for a

combined license must contain

essentially the same information

required in an application for an

operating license issued under

10 CFR Part 50, including

financial and antitrust information

and an assessment of the need

for power. The application must

also describe the inspections,

tests, analyses, and acceptance

criteria (ITAAC) that are necessary

to ensure that the plant has been

properly constructed and will

operate safely.

As stated earlier, an application for a

combined license may reference a

standard design certification, an

early site permit, both, or neither.

If the application references a

standard design certification,

the applicant must perform the

inspections, tests, analyses, and

acceptance criteria for the certified

design and the site-specific

design features. If the application

does not reference a standard

design certification, the applicant

must provide complete design

information, including the

Figure 3 - Opportunities for Public Involvement During the Review of

Standard Design Certifications
10

information that they would

otherwise have submitted for a

standard design certification.

If the application references an

early site permit, the applicant

must demonstrate that the design

of the plant is compatible with the

early site permit. The application

must also include information on

those issues that were not

required with the early site permit

application, such as the need for

power from the proposed plant.

If the application does not

reference an early site permit,

the applicant must provide the

site information that would be

included in an early site permit

and must also include a complete

emergency plan.

The ACRS reviews each application

for a combined license, together

with the NRC staff’s safety

evaluation report, in a public

meeting. After issuing a combined

license, the NRC verifies that the

licensee has completed the

required inspections, tests, and

analyses, and that the acceptance

criteria have been met before the

plant can operate.

The NRC publishes notices of the

successful completion of the

inspections, tests, and analyses.

Then, at least 180 days before the

scheduled date for initial loading

of nuclear fuel into the reactor,

the NRC publishes a notice

providing an opportunity for

members of the public to participate

in a hearing conducted by the

Atomic Safety and Licensing

Board. The NRC considers a

request for a hearing only if the

request demonstrates that the

licensee has not met the

acceptance criteria in the combined

license. These opportunities for

public involvement are summarized

in Figure 4.

Other Licensing Processes

The Commission’s regulations in

10 CFR Part 52 also have several

appendices describing the

processes for a manufacturing

license, a duplicate plant license,

preliminary and final design

approvals, and site suitability

reviews. These appendices are

discussed briefly below.

Manufacturing License

The NRC’s licensing processes

generally assume that a nuclear

power plant will be built where it
11

will be operated. Under this

assumption, the NRC staff

reviews plant design and siting

issues during its review of the

construction permit application.

However, any person may apply

for a license to manufacture a

nuclear power plant that will be

fabricated at one location but

sited and operated elsewhere.

Duplicate Plant License

Any person may apply for a

license to construct and operate

nuclear power reactors of

duplicate design at multiple sites,

and the NRC’s regulations

specifically provide for

consolidation of licensing

hearings for such applications.

Figure 4 - Opportunities for Public Involvement

During the Review of Combined Licenses

Standard Design Approval

Any person may submit a

proposed preliminary or final

standard design for a major

portion of a nuclear power plant

to the NRC for review. Unlike a

standard design certification,

NRC findings do not prevent

issues resolved by the design

review process from being

reconsidered during licensing

hearings.

Site Suitability Reviews

Any person may submit a request

to the NRC for early review of one

or more site suitability issues

related to the construction and

Combined

License (COL)

Application

Notice of Receipt of COL

Application

Notice of Tech Meetings

Staff

Review

Tech Meetings

Notification of Opportunity for Public Participation

Opportunity for Public Participation

Milestone Activities

Key:

Notice of

Mandatory

Hearing

ACRS

Review

Meeting

Notice of

ACRS

Meeting

Mandatory

Hearing

on COL

Construction & ITAAC

Completed

Hearing

(If Granted)

Finding

on ITAAC

COL

Decision

Notice of

Opportunity

for Hearing

Notice of Public

Meetings on

Environmental Review

Public Meetings on

Environmental Review

Optional Pre-application

Meeting

Notification of Optional

Pre-application Meeting
12

operation of a nuclear power

plant, independent of the

application for a construction

permit. NRC staff findings do not

prevent these issues from being

reconsidered during licensing

hearings. In addition, the

regulations describe how a

hearing may be held by the

Atomic Safety and Licensing

Board on one or more site

suitability issues. Members

of the public may participate in

the hearing.

More information about

public hearing participation is

available at http://www.nrc.gov/

public-involve.html.
13

Glossary

Combined license:

Like a construction permit under 10 CFR Part 50, a combined license

under 10 CFR Part 52 authorizes construction of a nuclear power plant.

The NRC ensures that the licensee has completed the required

inspections, tests, and analyses, and authorizes operation after it finds

that the acceptance criteria have been met.

Construction permit:

Under 10 CFR Part 50, a construction permit from the NRC authorizes

construction of a nuclear power plant. The NRC focuses on the

preliminary design of a nuclear plant and the suitability of the site before

authorizing construction of the plant.

Early site permit:

Under 10 CFR Part 52, an early site permit addresses site suitability issues,

environmental protection issues, and plans for coping with emergencies,

independent of the review of a specific nuclear plant design.

Geologic data:

Data associated with the history of the earth and its life, especially as

recorded in rocks.

Hydrologic data:

Data related to properties, distribution, and circulation of water flow on

the surface and land, in the soil and underlying rocks.

Meteorologic data:

Data obtained from the atmospheric phenomena associated with a

region’s weather.
14

Operating license:

Under 10 CFR Part 50, an operating license authorizes operation of the

proposed facility. At this stage of the review, the NRC examines the final

design of the plant, verifies proper construction of the plant, and inspects

the applicant’s testing and other operational programs and its plans for

coping with emergencies.

Seismic data:

Data obtained from activity caused by an earthquake or the earth’s

vibration.

Standard design certification:

Under 10 CFR Part 52, the NRC may certify a standard plant design

through a rulemaking, independent of the review of a specific site.













	

 

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