860 

§ 50.52 10 CFR Ch. I (1–1–13 Edition) 

§ 50.52 Combining licenses. 

The Commission may combine in a 

single license the activities of an applicant which would otherwise be licensed 

severally. 

§ 50.53 Jurisdictional limitations. 

No license under this part shall be 

deemed to have been issued for activities which are not under or within the 

jurisdiction of the United States. 

[21 FR 355, Jan. 19, 1956, as amended at 43 FR 

6924, Feb. 17, 1978] 

§ 50.54 Conditions of licenses. 

The following paragraphs with the 

exception of paragraphs (r) and (gg) of 

this section are conditions in every nuclear power reactor operating license 

issued under this part. The following 

paragraphs with the exception of paragraph (r), (s), and (u) of this section are 

conditions in every combined license 

issued under part 52 of this chapter, 

provided, however, that paragraphs (i), 

(i–1), (j), (k), (l), (m), (n), (w), (x), (y), 

and (z) of this section are only applicable after the Commission makes the 

finding under §52.103(g) of this chapter. 

(a)(1) Each nuclear power plant or 

fuel reprocessing plant licensee subject 

to the quality assurance criteria in appendix B of this part shall implement, 

under §50.34(b)(6)(ii) or §52.79 of this 

chapter, the quality assurance program 

described or referenced in the safety 

analysis report, including changes to 

that report. However, a holder of a 

combined license under part 52 of this 

chapter shall implement the quality 

assurance program described or referenced in the safety analysis report 

applicable to operation 30 days prior to 

the scheduled date for the initial loading of fuel. 

(2) Each licensee described in paragraph (a)(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 licensee 

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) Each licensee described in paragraph (a)(1) of this section may make a 

change to a previously accepted quality assurance program description included or referenced in the Safety 

Analysis Report without prior NRC approval, provided the change does not 

reduce the commitments in the program description as accepted by the 

NRC. Changes to the quality assurance 

program description that do not reduce 

the commitments must be submitted 

to the NRC in accordance with the requirements of §50.71(e). In addition to 

quality assurance program changes involving administrative improvements 

and clarifications, spelling corrections, 

punctuation, or editorial items, the following changes are not considered to 

be reductions in commitment: 

(i) The use of a QA standard approved 

by the NRC which is more recent than 

the QA standard in the licensee’s current QA program at the time of the 

change; 

(ii) The use of a quality assurance alternative or exception approved by an 

NRC safety evaluation, provided that 

the bases of the NRC approval are applicable to the licensee’s facility; 

(iii) The use of generic organizational 

position titles that clearly denote the 

position function, supplemented as necessary by descriptive text, rather than 

specific titles; 

(iv) The use of generic organizational 

charts to indicate functional relationships, authorities, and responsibilities, 

or, alternately, the use of descriptive 

text; 

(v) The elimination of quality assurance program information that duplicates language in quality assurance 

regulatory guides and quality assurance standards to which the licensee is 

committed; and 

(vi) Organizational revisions that ensure that persons and organizations 

performing quality assurance functions 


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Nuclear Regulatory Commission § 50.54 

continue to have the requisite authority and organizational freedom, including sufficient independence from cost 

and schedule when opposed to safety 

considerations. 

(4) Changes to the quality assurance 

program description that do reduce the 

commitments must be submitted to 

the NRC and receive NRC approval 

prior to implementation, as follows: 

(i) Changes made to the quality assurance program description as presented in the Safety Analysis Report or 

in a topical report must be submitted 

as specified in §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 

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 change 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. 

(b) No right to the special nuclear 

material shall be conferred by the license except as may be defined by the 

license. 

(c) Neither the license, nor any right 

thereunder, nor any right to utilize or 

produce special nuclear material shall 

be transferred, assigned, or disposed of 

in any manner, either voluntarily or 

involuntarily, directly or indirectly, 

through transfer of control of the license to any person, unless the Commission shall, after securing full information, find that the transfer is in accordance with the provisions of the act 

and give its consent in writing. 

(d) The license shall be subject to 

suspension and to the rights of recapture of the material or control of the 

facility reserved to the Commission 

under section 108 of the act in a state 

of war or national emergency declared 

by Congress. 

(e) The license shall be subject to 

revocation, suspension, modification, 

or amendment for cause as provided in 

the act and regulations, in accordance 

with the procedures provided by the 

act and regulations. 

(f) The licensee shall at any time before expiration of the license, upon request of the Commission, submit, as 

specified in §50.4, written statements, 

signed under oath or affirmation, to 

enable the Commission to determine 

whether or not the license should be 

modified, suspended, or revoked. Except for information sought to verify 

licensee compliance with the current 

licensing basis for that facility, the 

NRC must prepare the reason or reasons for each information request prior 

to issuance to ensure that the burden 

to be imposed on respondents is justified in view of the potential safety significance of the issue to be addressed in 

the requested information. Each such 

justification provided for an evaluation 

performed by the NRC staff must be approved by the Executive Director for 

Operations or his or her designee prior 

to issuance of the request. 

(g) The issuance or existence of the 

license shall not be deemed to waive, or 

relieve the licensee from compliance 

with, the antitrust laws, as specified in 

subsection 105a of the Act. In the event 

that the licensee should be found by a 

court of competent jurisdiction to have 

violated any provision of such antitrust laws in the conduct of the licensed activity, the Commission may 

suspend or revoke the license or take 

such other action with respect to it as 

shall be deemed necessary. 

(h) The license shall be subject to the 

provisions of the Act now or hereafter 

in effect and to all rules, regulations, 

and orders of the Commission. The 

terms and conditions of the license 

shall be subject to amendment, revision, or modification, by reason of 

amendments of the Act or by reason of 


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§ 50.54 10 CFR Ch. I (1–1–13 Edition) 

rules, regulations, and orders issued in 

accordance with the terms of the act. 

(i) Except as provided in §55.13 of this 

chapter, the licensee may not permit 

the manipulation of the controls of any 

facility by anyone who is not a licensed 

operator or senior operator as provided 

in part 55 of this chapter. 

(i–1) Within 3 months after either the 

issuance of an operating license or the 

date that the Commission makes the 

finding under §52.103(g) of this chapter 

for a combined license, as applicable, 

the licensee shall have in effect an operator requalification program. The operator requalification program must, 

as a minimum, meet the requirements 

of §55.59(c) of this chapter. Notwithstanding the provisions of §50.59, the licensee may not, except as specifically 

authorized by the Commission decrease 

the scope of an approved operator requalification program. 

(j) Apparatus and mechanisms other 

than controls, the operation of which 

may affect the reactivity or power 

level of a reactor shall be manipulated 

only with the knowledge and consent 

of an operator or senior operator licensed pursuant to part 55 of this chapter present at the controls. 

(k) An operator or senior operator licensed pursuant to part 55 of this chapter shall be present at the controls at 

all times during the operation of the 

facility. 

(l) The licensee shall designate individuals to be responsible for directing 

the licensed activities of licensed operators. These individuals shall be licensed as senior operators pursuant to 

part 55 of this chapter. 

(m)(1) A senior operator licensed pursuant to part 55 of this chapter shall be 

present at the facility or readily available on call at all times during its operation, and shall be present at the facility during initial start-up and approach to power, recovery from an unplanned or unscheduled shut-down or 

significant reduction in power, and refueling, or as otherwise prescribed in 

the facility license. 

(2) Notwithstanding any other provisions of this section, by January 1, 

1984, licensees of nuclear power units 

shall meet the following requirements: 

(i) Each licensee shall meet the minimum licensed operator staffing requirements in the following table: 

MINIMUM REQUIREMENTS 1 PER SHIFT FOR ON-SITE STAFFING OF NUCLEAR POWER UNITS BY

OPERATORS AND SENIOR OPERATORS LICENSED UNDER 10 CFR PART 55 

Number of nuclear 

power units operating 2 Position 

One unit Two units Three units 

One 

control 

room 

One 

control 

room 

Two 

control 

rooms 

Two 

control 

rooms 

Three 

control 

rooms 

None ............................ Senior Operator ................................................ 1 1 1 1 1 

Operator ............................................................ 1 2 2 3 3 

One .............................. Senior Operator ................................................ 2 2 2 2 2 

Operator ............................................................ 2 3 3 4 4 

Two .............................. Senior Operator ................................................ .............. 2 3 3 3 3 

Operator ............................................................ .............. 3 4 3 5 5 

Three ........................... Senior Operator ................................................ .............. .............. .............. 3 4 

Operator ............................................................ .............. .............. .............. 5 6 

1Temporary deviations from the numbers required by this table shall be in accordance with criteria established in the unit’s 

technical specifications. 2For the purpose of this table, a nuclear power unit is considered to be operating when it is in a mode other than cold shutdown or refueling as defined by the unit’s technical specifications. 3The number of required licensed personnel when the operating nuclear power units are controlled from a common control 

room are two senior operators and four operators. 

(ii) Each licensee shall have at its 

site a person holding a senior operator 

license for all fueled units at the site 

who is assigned responsibility for overall plant operation at all times there is 

fuel in any unit. If a single senior operator does not hold a senior operator license on all fueled units at the site, 

then the licensee must have at the site 

two or more senior operators, who in 

combination are licensed as senior operators on all fueled units. 

(iii) When a nuclear power unit is in 

an operational mode other than cold 

shutdown or refueling, as defined by 

the unit’s technical specifications, 


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Nuclear Regulatory Commission § 50.54 

each licensee shall have a person holding a senior operator license for the nuclear power unit in the control room at 

all times. In addition to this senior operator, for each fueled nuclear power 

unit, a licensed operator or senior operator shall be present at the controls at 

all times. 

(iv) Each licensee shall have present, 

during alteration of the core of a nuclear power unit (including fuel loading 

or transfer), a person holding a senior 

operator license or a senior operator license limited to fuel handling to directly supervise the activity and, during this time, the licensee shall not assign other duties to this person. 

(3) Licensees who cannot meet the 

January 1, 1984 deadline must submit 

by October 1, 1983 a request for an extension to the Director of the Office of 

Nuclear Regulation and demonstrate 

good cause for the request. 

(n) The licensee shall not, except as 

authorized pursuant to a construction 

permit, make any alteration in the facility constituting a change from the 

technical specifications previously incorporated in a license or construction 

permit pursuant to §50.36 of this part. 

(o) Primary reactor containments for 

water cooled power reactors, other 

than facilities for which the certifications required under §§50.82(a)(1) or 

52.110(a)(1) of this chapter have been 

submitted, shall be subject to the requirements set forth in appendix J to 

this part. 

(p)(1) The licensee shall prepare and 

maintain safeguards contingency plan 

procedures in accordance with appendix C of part 73 of this chapter for affecting the actions and decisions contained in the Responsibility Matrix of 

the safeguards contingency plan. The 

licensee may not make a change which 

would decrease the effectiveness of a 

physical security plan, or guard training and qualification plan, or cyber security plan prepared under §50.34(c) or 

§52.79(a), or part 73 of this chapter, or 

of the first four categories of information (Background, Generic Planning 

Base, Licensee Planning Base, Responsibility Matrix) contained in a licensee 

safeguards contingency plan prepared 

under §50.34(d) or §52.79(a), or part 73 of 

this chapter, as applicable, without 

prior approval of the Commission. A licensee desiring to make such a change 

shall submit an application for amendment to the licensee’s license under 

§50.90. 

(2) The licensee may make changes to 

the plans referenced in paragraph (p)(1) 

of this section, without prior Commission approval if the changes do not decrease the safeguards effectiveness of 

the plan. The licensee shall maintain 

records of changes to the plans made 

without prior Commission approval for 

a period of 3 years from the date of the 

change, and shall submit, as specified 

in §50.4 or §52.3 of this chapter, a report containing a description of each 

change within 2 months after the 

change is made. Prior to the safeguards 

contingency plan being put into effect, 

the licensee shall have: 

(i) All safeguards capabilities specified in the safeguards contingency plan 

available and functional; 

(ii) Detailed procedures developed according to appendix C to part 73 of this 

chapter available at the licensee’s site; 

and 

(iii) All appropriate personnel 

trained to respond to safeguards incidents as outlined in the plan and specified in the detailed procedures. 

(3) The licensee shall provide for the 

development, revision, implementation, and maintenance of its safeguards 

contingency plan. The licensee shall 

ensure that all program elements are 

reviewed by individuals independent of 

both security program management 

and personnel who have direct responsibility for implementation of the security program either: 

(i) At intervals not to exceed 12 

months; or 

(ii) As necessary, based on an assessment by the licensee against performance indicators, and as soon as reasonably practicable after a change occurs 

in personnel, procedures, equipment, or 

facilities that potentially could adversely affect security, but no longer 

than 12 months after the change. In 

any case, all elements of the safeguards 

contingency plan must be reviewed at 

least once every 24 months. 

(4) The review must include a review 

and audit of safeguards contingency 

procedures and practices, an audit of 

the security system testing and maintenance program, and a test of the 


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§ 50.54 10 CFR Ch. I (1–1–13 Edition) 

safeguards systems along with commitments established for response by local 

law enforcement authorities. The results of the review and audit, along 

with recommendations for improvements, must be documented, reported 

to the licensee’s corporate and plant 

management, and kept available at the 

plant for inspection for a period of 3 

years. 

(q) Emergency plans.—(1) Definitions 

for the purpose of this section: 

(i) Change means an action that results in modification or addition to, or 

removal from, the licensee’s emergency 

plan. All such changes are subject to 

the provisions of this section except 

where the applicable regulations establish specific criteria for accomplishing 

a particular change. 

(ii) Emergency plan means the document(s), prepared and maintained by 

the licensee, that identify and describe 

the licensee’s methods for maintaining 

emergency preparedness and responding to emergencies. An emergency plan 

includes the plan as originally approved by the NRC and all subsequent 

changes made by the licensee with, and 

without, prior NRC review and approval under paragraph (q) of this section. 

(iii) Emergency planning function 

means a capability or resource necessary to prepare for and respond to a 

radiological emergency, as set forth in 

the elements of section IV. of appendix 

E to this part and, for nuclear power 

reactor licensees, the planning standards of §50.47(b). 

(iv) Reduction in effectiveness means a 

change in an emergency plan that results in reducing the licensee’s capability to perform an emergency planning function in the event of a radiological emergency. 

(2) A holder of a license under this 

part, or a combined license under part 

52 of this chapter after the Commission 

makes the finding under §52.103(g) of 

this chapter, shall follow and maintain 

the effectiveness of an emergency plan 

that meets the requirements in appendix E to this part and, for nuclear 

power reactor licensees, the planning 

standards of §50.47(b). 

(3) The licensee may make changes to 

its emergency plan without NRC approval only if the licensee performs 

and retains an analysis demonstrating 

that the changes do not reduce the effectiveness of the plan and the plan, as 

changed, continues to meet the requirements in appendix E to this part 

and, for nuclear power reactor licensees, the planning standards of §50.47(b). 

(4) The changes to a licensee’s emergency plan that reduce the effectiveness of the plan as defined in paragraph 

(q)(1)(iv) of this section may not be implemented without prior approval by 

the NRC. A licensee desiring to make 

such a change after February 21, 2012 

shall submit an application for an 

amendment to its license. In addition 

to the filing requirements of §§50.90 

and 50.91, the request must include all 

emergency plan pages affected by that 

change and must be accompanied by a 

forwarding letter identifying the 

change, the reason for the change, and 

the basis for concluding that the licensee’s emergency plan, as revised, 

will continue to meet the requirements 

in appendix E to this part and, for nuclear power reactor licensees, the planning standards of §50.47(b). 

(5) The licensee shall retain a record 

of each change to the emergency plan 

made without prior NRC approval for a 

period of three years from the date of 

the change and shall submit, as specified in §50.4, a report of each such 

change made after February 21, 2012, 

including a summary of its analysis, 

within 30 days after the change is put 

in effect. 

(6) The nuclear power reactor licensee shall retain the emergency plan 

and each change for which prior NRC 

approval was obtained pursuant to 

paragraph (q)(4) of this section as a 

record until the Commission terminates the license for the nuclear power 

reactor. 

(r) [Reserved] 

(s)(1) [Reserved] 

(2)(i) [Reserved] 

(ii) If after April 1, 1981, the NRC 

finds that the state of emergency preparedness does not provide reasonable 

assurance that adequate protective 

measures can and will be taken in the 

event of a radiological emergency 

(including findings based on requirements 

of appendix E, section IV.D.3) and if the 

deficiencies (including deficiencies based 

on requirements of appendix E, section 


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Nuclear Regulatory Commission § 50.54 

IV.D.3) are not corrected within four 

months of that finding, the Commission will determine whether the reactor shall be shut down until such deficiencies are remedied or whether other 

enforcement action is appropriate. In 

determining whether a shutdown or 

other enforcement action is appropriate, the Commission shall take into 

account, among other factors, whether 

the licensee can demonstrate to the 

Commission’s satisfaction that the deficiencies in the plan are not significant for the plant in question, or that 

adequate interim compensating actions 

have been or will be taken promptly, or 

that there are other compelling reasons for continued operation. 

(3) The NRC will base its finding on a 

review of the FEMA findings and determinations as to whether State and 

local emergency plans are adequate 

and capable of being implemented, and 

on the NRC assessment as to whether 

the licensee’s emergency plans are adequate and capable of being implemented. Nothing in this paragraph 

shall be construed as limiting the authority of the Commission to take action under any other regulation or authority of the Commission or at any 

time other than that specified in this 

paragraph. 

(t)(1) The licensee shall provide for 

the development, revision, implementation, and maintenance of its emergency preparedness program. The licensee shall ensure that all program 

elements are reviewed by persons who 

have no direct responsibility for the 

implementation of the emergency preparedness program either: 

(i) At intervals not to exceed 12 

months or, 

(ii) As necessary, based on an assessment by the licensee against performance indicators, and as soon as reasonably practicable after a change occurs 

in personnel, procedures, equipment, or 

facilities that potentially could adversely affect emergency preparedness, 

but no longer than 12 months after the 

change. In any case, all elements of the 

emergency preparedness program must 

be reviewed at least once every 24 

months. 

(2) The review must include an evaluation for adequacy of interfaces with 

State and local governments and of licensee drills, exercises, capabilities, 

and procedures. The results of the review, along with recommendations for 

improvements, must be documented, 

reported to the licensee’s corporate and 

plant management, and retained for a 

period of 5 years. The part of the review involving the evaluation for adequacy of interface with State and local 

governments must be available to the 

appropriate State and local governments. 

(u) [Reserved] 

(v) Each licensee subject to the requirements of Part 73 of this chapter 

shall ensure that Safeguards Information is protected against unauthorized 

disclosure in accordance with the requirements in §73.21 and the requirements in §73.22 or §73.23 of this chapter, as applicable. 

(w) Each power reactor licensee 

under this part for a production or utilization facility of the type described 

in §50.21(b) or §50.22 shall take reasonable steps to obtain insurance available 

at reasonable costs and on reasonable 

terms from private sources or to demonstrate to the satisfaction of the NRC 

that it possesses an equivalent amount 

of protection covering the licensee’s 

obligation, in the event of an accident 

at the licensee’s reactor, to stabilize 

and decontaminate the reactor and the 

reactor station site at which the reactor experiencing the accident is located, provided that: 

(1) The insurance required by paragraph (w) of this section must have a 

minimum coverage limit for each reactor station site of either $1.06 billion or 

whatever amount of insurance is generally available from private sources, 

whichever is less. The required insurance must clearly state that, as and to 

the extent provided in paragraph (w)(4) 

of this section, any proceeds must be 

payable first for stabilization of the reactor and next for decontamination of 

the reactor and the reactor station 

site. If a licensee’s coverage falls below 

the required minimum, the licensee 

shall within 60 days take all reasonable 

steps to restore its coverage to the required minimum. The required insurance may, at the option of the licensee, 

be included within policies that also 


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§ 50.54 10 CFR Ch. I (1–1–13 Edition) 

provide coverage for other risks, including, but not limited to, the risk of 

direct physical damage. 

(2)(i) With respect to policies issued 

or annually renewed on or after April 2, 

1991, the proceeds of such required insurance must be dedicated, as and to 

the extent provided in this paragraph, 

to reimbursement or payment on behalf of the insured of reasonable expenses incurred or estimated to be incurred by the licensee in taking action 

to fulfill the licensee’s obligation, in 

the event of an accident at the licensee’s reactor, to ensure that the reactor 

is in, or is returned to, and maintained 

in, a safe and stable condition and that 

radioactive contamination is removed 

or controlled such that personnel exposures are consistent with the occupational exposure limits in 10 CFR part 

20. These actions must be consistent 

with any other obligation the licensee 

may have under this chapter and must 

be subject to paragraph (w)(4) of this 

section. As used in this section, an 

‘‘accident’’ means an event that involves the release of radioactive material from its intended place of confinement within the reactor or on the reactor station site such that there is a 

present danger of release off site in 

amounts that would pose a threat to 

the public health and safety. 

(ii) The stabilization and decontamination requirements set forth in 

paragraph (w)(4) of this section must 

apply uniformly to all insurance policies required under paragraph (w) of 

this section. 

(3) The licensee shall report to the 

NRC on April 1 of each year the current levels of this insurance or financial security it maintains and the 

sources of this insurance or financial 

security. 

(4)(i) In the event of an accident at 

the licensee’s reactor, whenever the estimated costs of stabilizing the licensed reactor and of decontaminating 

the reactor and the reactor station site 

exceed $100 million, the proceeds of the 

insurance required by paragraph (w) of 

this section must be dedicated to and 

used, first, to ensure that the licensed 

reactor is in, or is returned to, and can 

be maintained in, a safe and stable condition so as to prevent any significant 

risk to the public health and safety 

and, second, to decontaminate the reactor and the reactor station site in accordance with the licensee’s cleanup 

plan as approved by order of the Director of the Office of Nuclear Reactor 

Regulation. This priority on insurance 

proceeds must remain in effect for 60 

days or, upon order of the Director, for 

such longer periods, in increments not 

to exceed 60 days except as provided for 

activities under the cleanup plan required in paragraphs (w)(4)(iii) and 

(w)(4)(iv) of this section, as the Director may find necessary to protect the 

public health and safety. Actions needed to bring the reactor to and maintain 

the reactor in a safe and stable condition may include one or more of the 

following, as appropriate: 

(A) Shutdown of the reactor; 

(B) Establishment and maintenance 

of long-term cooling with stable decay 

heat removal; 

(C) Maintenance of sub-criticality; 

(D) Control of radioactive releases; 

and 

(E) Securing of structures, systems, 

or components to minimize radiation 

exposure to onsite personnel or to the 

offsite public or to facilitate later decontamination or both. 

(ii) The licensee shall inform the Director of the Office of Nuclear Reactor 

Regulation in writing when the reactor 

is and can be maintained in a safe and 

stable condition so as to prevent any 

significant risk to the public health 

and safety. Within 30 days after the licensee informs the Director that the 

reactor is in this condition, or at such 

earlier time as the licensee may elect 

or the Director may for good cause direct, the licensee shall prepare and submit a cleanup plan for the Director’s 

approval. The cleanup plan must identify and contain an estimate of the 

cost of each cleanup operation that 

will be required to decontaminate the 

reactor sufficiently to permit the licensee either to resume operation of 

the reactor or to apply to the Commission under §50.82 for authority to decommission the reactor and to surrender the license voluntarily. Cleanup 

operations may include one or more of 

the following, as appropriate: 

(A) Processing any contaminated 

water generated by the accident and by 


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Nuclear Regulatory Commission § 50.54 

decontamination operations to remove 

radioactive materials; 

(B) Decontamination of surfaces inside the auxiliary and fuel-handling 

buildings and the reactor building to 

levels consistent with the Commission’s occupational exposure limits in 

10 CFR part 20, and decontamination or 

disposal of equipment; 

(C) Decontamination or removal and 

disposal of internal parts and damaged 

fuel from the reactor vessel; and 

(D) Cleanup of the reactor coolant 

system. 

(iii) Following review of the licensee’s cleanup plan, the Director will 

order the licensee to complete all operations that the Director finds are necessary to decontaminate the reactor 

sufficiently to permit the licensee either to resume operation of the reactor 

or to apply to the Commission under 

§50.82 for authority to decommission 

the reactor and to surrender the license voluntarily. The Director shall 

approve or disapprove, in whole or in 

part for stated reasons, the licensee’s 

estimate of cleanup costs for such operations. Such order may not be effective 

for more than 1 year, at which time it 

may be renewed. Each subsequent renewal order, if imposed, may be effective for not more than 6 months. 

(iv) Of the balance of the proceeds of 

the required insurance not already expended to place the reactor in a safe 

and stable condition pursuant to paragraph (w)(2)(i) of this section, an 

amount sufficient to cover the expenses of completion of those decontamination operations that are the 

subject of the Director’s order shall be 

dedicated to such use, provided that, 

upon certification to the Director of 

the amounts expended previously and 

from time to time for stabilization and 

decontamination and upon further certification to the Director as to the sufficiency of the dedicated amount remaining, policies of insurance may provide for payment to the licensee or 

other loss payees of amounts not so 

dedicated, and the licensee may proceed to use in parallel (and not in preference thereto) any insurance proceeds 

not so dedicated for other purposes. 

(x) A licensee may take reasonable 

action that departs from a license condition or a technical specification (contained in a license issued under this 

part) in an emergency when this action 

is immediately needed to protect the 

public health and safety and no action 

consistent with license conditions and 

technical specifications that can provide adequate or equivalent protection 

is immediately apparent. 

(y) Licensee action permitted by 

paragraph (x) of this section shall be 

approved, as a minimum, by a licensed 

senior operator, or, at a nuclear power 

reactor facility for which the certifications required under §50.82(a)(1) have 

been submitted, by either a licensed 

senior operator or a certified fuel handler, prior to taking the action. 

(z) Each licensee with a utilization 

facility licensed pursuant to sections 

103 or 104b. of the Act shall immediately notify the NRC Operations Center of the occurrence of any event specified in §50.72 of this part. 

(aa) The license shall be subject to 

all conditions deemed imposed as a 

matter of law by sections 401(a)(2) and 

401(d) of the Federal Water Pollution 

Control Act, as amended (33 U.S.C.A. 

1341 (a)(2) and (d).) 

(bb) For nuclear power reactors licensed by the NRC, the licensee shall, 

within 2 years following permanent 

cessation of operation of the reactor or 

5 years before expiration of the reactor 

operating license, whichever occurs 

first, submit written notification to 

the Commission for its review and preliminary approval of the program by 

which the licensee intends to manage 

and provide funding for the management of all irradiated fuel at the reactor following permanent cessation of 

operation of the reactor until title to 

the irradiated fuel and possession of 

the fuel is transferred to the Secretary 

of Energy for its ultimate disposal in a 

repository. Licensees of nuclear power 

reactors that have permanently ceased 

operation by April 4, 1994 are required 

to submit such written notification by 

April 4, 1996. Final Commission review 

will be undertaken as part of any proceeding for continued licensing under 

part 50 or part 72 of this chapter. The 

licensee must demonstrate to NRC that 

the elected actions will be consistent 

with NRC requirements for licensed 

possession of irradiated nuclear fuel 


wreier-aviles on DSK5TPTVN1PROD with CFR
868 

§ 50.54 10 CFR Ch. I (1–1–13 Edition) 

and that the actions will be implemented on a timely basis. Where implementation of such actions requires 

NRC authorizations, the licensee shall 

verify in the notification that submittals for such actions have been or will 

be made to NRC and shall identify 

them. A copy of the notification shall 

be retained by the licensee as a record 

until expiration of the reactor operating license. The licensee shall notify 

the NRC of any significant changes in 

the proposed waste management program as described in the initial notification. 

(cc)(1) Each licensee shall notify the 

appropriate NRC Regional Administrator, in writing, immediately following the filing of a voluntary or involuntary petition for bankruptcy 

under any chapter of title 11 (Bankruptcy) of the United States Code by or 

against: 

(i) The licensee; 

(ii) An entity (as that term is defined 

in 11 U.S.C. 101(14)) controlling the licensee or listing the license or licensee 

as property of the estate; or 

(iii) An affiliate (as that term is defined in 11 U.S.C. 101(2)) of the licensee. 

(2) This notification must indicate: 

(i) The bankruptcy court in which 

the petition for bankruptcy was filed; 

and 

(ii) The date of the filing of the petition. 

(dd) A licensee may take reasonable 

action that departs from a license condition or a technical specification (contained in a license issued under this 

part) in a national security emergency: 

(1) When this action is immediately 

needed to implement national security 

objectives as designated by the national command authority through the 

Commission, and 

(2) No action consistent with license 

conditions and technical specifications 

that can meet national security objectives is immediately apparent. 

A national security emergency is established by a law enacted by the Congress or by an order or directive issued 

by the President pursuant to statutes 

or the Constitution of the United 

States. The authority under this paragraph must be exercised in accordance 

with law, including section 57e of the 

Act, and is in addition to the authority 

granted under paragraph (x) of this section, which remains in effect unless 

otherwise directed by the Commission 

during a national security emergency. 

(ee)(1) Each license issued under this 

part authorizing the possession of byproduct and special nuclear material 

produced in the operation of the licensed reactor includes, whether stated 

in the license or not, the authorization 

to receive back that same material, in 

the same or altered form or combined 

with byproduct or special nuclear material produced in the operation of another reactor of the same licensee located at that site, from a licensee of 

the Commission or an Agreement 

State, or from a non-licensed entity 

authorized to possess the material. 

(2) The authorizations in this subsection are subject to the same limitations and requirements applicable to 

the original possession of the material. 

(3) This paragraph does not authorize 

the receipt of any material recovered 

from the reprocessing of irradiated 

fuel. 

(ff) For licensees of nuclear power 

plants that have implemented the 

earthquake engineering criteria in appendix S to this part, plant shutdown is 

required as provided in paragraph 

IV(a)(3) of appendix S to this part. 

Prior to resuming operations, the licensee shall demonstrate to the Commission that no functional damage has 

occurred to those features necessary 

for continued operation without undue 

risk to the health and safety of the 

public and the licensing basis is maintained. 

(gg)(1) Notwithstanding 10 CFR 

52.103, if, following the conduct of the 

exercise required by paragraph IV.f.2.a 

of appendix E to part 50 of this chapter, 

FEMA identifies one or more deficiencies in the state of offsite emergency preparedness, the holder of a 

combined license under 10 CFR part 52 

may operate at up to 5 percent of rated 

thermal power only if the Commission 

finds that the state of onsite emergency preparedness provides reasonable 

assurance that adequate protective 

measures can and will be taken in the 

event of a radiological emergency. The 

NRC will base this finding on its assessment of the applicant’s onsite 

emergency plans against the pertinent 


wreier-aviles on DSK5TPTVN1PROD with CFR
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Nuclear Regulatory Commission § 50.55 

standards in §50.47 and appendix E to 

this part. Review of the applicant’s 

emergency plans will include the following standards with offsite aspects: 

(i) Arrangements for requesting and 

effectively using offsite assistance onsite have been made, arrangements to 

accommodate State and local staff at 

the licensee’s Emergency Operations 

Facility have been made, and other organizations capable of augmenting the 

planned onsite response have been 

identified. 

(ii) Procedures have been established 

for licensee communications with 

State and local response organizations, 

including initial notification of the 

declaration of emergency and periodic 

provision of plant and response status 

reports. 

(iii) Provisions exist for prompt communications among principal response 

organizations to offsite emergency personnel who would be responding onsite. 

(iv) Adequate emergency facilities 

and equipment to support the emergency response onsite are provided and 

maintained. 

(v) Adequate methods, systems, and 

equipment for assessing and monitoring actual or potential offsite consequences of a radiological emergency 

condition are in use onsite. 

(vi) Arrangements are made for medical services for contaminated and injured onsite individuals. 

(vii) Radiological emergency response training has been made available to those offsite who may be called 

to assist in an emergency onsite. 

(2) The condition in this paragraph, 

regarding operation at up to 5 percent 

power, ceases to apply 30 days after 

FEMA informs the NRC that the offsite 

deficiencies have been corrected, unless 

the NRC notifies the combined license 

holder before the expiration of the 30- 

day period that the Commission finds 

under paragraphs (s)(2) and (3) of this 

section that the state of emergency 

preparedness does not provide reasonable assurance that adequate protective measures can and will be taken in 

the event of a radiological emergency. 

(hh) (1) Each licensee shall develop, 

implement and maintain procedures 

that describe how the licensee will address the following areas if the licensee 

is notified of a potential aircraft 

threat: 

(i) Verification of the authenticity of 

threat notifications; 

(ii) Maintenance of continuous communication with threat notification 

sources; 

(iii) Contacting all onsite personnel 

and applicable offsite response organizations; 

(iv) Onsite actions necessary to enhance the capability of the facility to 

mitigate the consequences of an aircraft impact; 

(v) Measures to reduce visual discrimination of the site relative to its 

surroundings or individual buildings 

within the protected area; 

(vi) Dispersal of equipment and personnel, as well as rapid entry into site 

protected areas for essential onsite personnel and offsite responders who are 

necessary to mitigate the event; and 

(vii) Recall of site personnel. 

(2) Each licensee shall develop and 

implement guidance and strategies intended to maintain or restore core 

cooling, containment, and spent fuel 

pool cooling capabilities under the circumstances associated with loss of 

large areas of the plant due to explosions or fire, to include strategies in 

the following areas: 

(i) Fire fighting; 

(ii) Operations to mitigate fuel damage; and 

(iii) Actions to minimize radiological 

release. 

(3) This section does not apply to a 

nuclear power plant for which the certifications required under §50.82(a) or 

§52.110(a)(1) of this chapter have been 

submitted. 

[21 FR 355, Jan. 19, 1956] 

EDITORIAL NOTE: For FEDERAL REGISTER citations affecting §50.54, see the List of CFR 

Sections Affected, which appears in the 

Finding Aids section of the printed volume 

and at www.fdsys.gov. 

§ 50.55 Conditions of construction permits, early site permits, combined 

licenses, and manufacturing licenses. 

Each construction permit is subject 

to the following terms and conditions; 

each early site permit is subject to the 

terms and conditions in paragraph (f) 


wreier-aviles on DSK5TPTVN1PROD with CFR