Editorial Note on Part 72
Editorial Note: Nomenclature changes to part 72 appear at 80 FR 74981, Dec. 1, 2015, and at 81 FR 86910, Dec. 2, 2016.

§ 72.40 Issuance of license. ( a ) Except as provided in paragraph (c) of this section, the Commission will issue a license under this part upon a determination that the application for a license meets the standards and requirements of the Act and the regulations of the Commission, and upon finding that: ( 1 ) The applicant's proposed ISFSI or MRS design complies with subpart F;
( 2 ) The proposed site complies with the criteria in subpart E;
( 3 ) If on the site of a nuclear power plant or other licensed activity or facility, the proposed ISFSI would not pose an undue risk to the safe operation of such nuclear power plant or other licensed activity or facility;
( 4 ) The applicant is qualified by reason of training and experience to conduct the operation covered by the regulations in this part;
( 5 ) The applicant's proposed operating procedures to protect health and to minimize danger to life or property are adequate;
( 6 ) Except for DOE, the applicant for an ISFSI or MRS is financially qualified to engage in the proposed activities in accordance with the regulations in this part;
( 7 ) The applicant's quality assurance plan complies with subpart G;
( 8 ) The applicant's physical protection provisions comply with subpart H. DOE has complied with the safeguards and physical security provisions identified in § 72.24(o);
( 9 ) The applicant's personnel training program complies with subpart I;
( 10 ) Except for DOE, the applicant's decommissioning plan and its financing pursuant to § 72.30 provide reasonable assurance that the decontamination and decommissioning of the ISFSI or MRS at the end of its useful life will provide adequate protection to the health and safety of the public;
( 11 ) The applicant's emergency plan complies with § 72.32;
( 12 ) The applicable provisions of part 170 of this chapter have been satisfied;
( 13 ) There is reasonable assurance that: ( i ) The activities authorized by the license can be conducted without endangering the health and safety of the public and
( ii ) these activities will be conducted in compliance with the applicable regulations of this chapter; and
( 14 ) The issuance of the license will not be inimical to the common defense and security.
( b ) A license to store spent fuel and reactor-related GTCC waste in the proposed ISFSI or to store spent fuel, high-level radioactive waste, and reactor-related GTCC waste in the proposed MRS may be denied if construction on the proposed facility begins before a finding approving issuance of the proposed license with any appropriate conditions to protect environmental values. Grounds for denial may be the commencement of construction prior to a finding by the Director, Office of Nuclear Materials Safety and Safeguards or designee or a finding after a public hearing by the presiding officer, Atomic Safety and Licensing Board, or the Commission acting as a collegial body, as appropriate, that the action called for is the issuance of the proposed license with any appropriate conditions to protect environmental values. This finding is to be made on the basis of information filed and evaluations made pursuant to subpart A of part 51 of this chapter or in the case of an MRS on the basis of evaluations made pursuant to sections 141(c) and (d) or 148(a) and (c) of NWPA (96 Stat. 2242, 2243, 42 U.S.C. 10161(c), (d); 101 Stat. 1330-235, 1330-236, 42 U.S.C. 10168(a), (c)), as appropriate, and after weighing the environmental, economic, technical and other benefits against environmental costs and considering available alternatives.
( c ) For facilities that have been covered under previous licensing actions including the issuance of a construction permit under part 50 of this chapter, a reevaluation of the site is not required except where new information is discovered which could alter the original site evaluation findings. In this case, the site evaluation factors involved will be reevaluated.
[53 FR 31658, Aug. 19, 1988, as amended at 66 FR 51840, Oct. 11, 2001]