### 860 10 CFR Ch. I (1–1–13 Edition) § 50.52

§ 50.52 Combining licenses.

The Commission may combine in asingle 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) ofthis section are conditions in every nuclear power reactor operating license issued under this part. The followingparagraphs 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 subjectto 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 qualityassurance 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 assuranceprogram 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, itshall notify the appropriate NRC Regional Office in writing, explain why additional time is needed, and provide a schedule for NRC approval showingwhen its current quality assurance program description will be submitted.)

(3) Each licensee described in paragraph (a)(1) of this section may make achange to a previously accepted quality assurance program description included or referenced in the SafetyAnalysis Report without prior NRC approval, provided the change does notreduce 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 toquality 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 thanthe 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 thatthe bases of the NRC approval are applicable to the licensee’s facility;

(iii) The use of generic organizational position titles that clearly denote theposition 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 assuranceregulatory 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


### 861 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 theSafety Analysis Report quality assurance program description must include all pages affected by that change and must be accompanied by a forwardingletter 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 ofthis part and the Safety Analysis Report quality assurance program description commitments previously accepted by the NRC (the letter need notprovide the basis for changes that correct spelling, punctuation, or editorial items).

(iii) A copy of the forwarding letteridentifying the change must be maintained as a facility record for three

years.

(iv) Changes to the quality assuranceprogram description included or referenced in the Safety Analysis Report shall be regarded as accepted by the Commission upon receipt of a letter tothis 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 nuclearmaterial 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 tosuspension 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 bemodified, suspended, or revoked. Except for information sought to verify licensee compliance with the current licensing basis for that facility, theNRC must prepare the reason or reasons for each information request prior
to issuance to ensure that the burdento 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 evaluationperformed 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 haveviolated 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 licenseshall be subject to amendment, revision, or modification, by reason of amendments of the Act or by reason of


### 862 10 CFR Ch. I (1–1–13 Edition) § 50.54

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 requirementsof §55.59(c) of this chapter. Notwithstanding the provisions of §50.59, the licensee may not, except as specifically authorized by the Commission decreasethe 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 consentof 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 directingthe 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 bepresent 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 orsignificant 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:

M INIMUM R EQUIREMENTS 1 P ER S HIFT FOR O N -S ITE S TAFFING OF N UCLEAR P OWER U NITS BY O PERATORS AND S ENIOR O PERATORS L ICENSED U NDER 10 CFR P ART 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

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

2 For 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.

3 The 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 sitewho is assigned responsibility for overall plant operation at all times there isfuel 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 incombination 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,


### 863 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 atall times. In addition to this senior operator, for each fueled nuclear powerunit, 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 senioroperator 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 submitby 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 constructionpermit, make any alteration in the facility constituting a change from thetechnical 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 beensubmitted, shall be subject to the requirements set forth in appendix J to this part.

(p)(1) The licensee shall prepare and maintain safeguards contingency planprocedures 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 aphysical 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, orof the first four categories of information (Background, Generic PlanningBase, 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, withoutprior approval of the Commission. A licensee desiring to make such a changeshall 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 specifiedin §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 personneltrained to respond to safeguards incidents as outlined in the plan and specified in the detailed procedures.

(3) The licensee shall provide for thedevelopment, 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 managementand 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, orfacilities 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 ofthe security system testing and maintenance program, and a test of the


### 864 10 CFR Ch. I (1–1–13 Edition) § 50.54

safeguards systems along with commitments established for response by local
law enforcement authorities. The results of the review and audit, alongwith 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 exceptwhere 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 maintainingemergency preparedness and responding to emergencies. An emergency planincludes the plan as originally approved by the NRC and all subsequent changes made by the licensee with, andwithout, prior NRC review and approval under paragraph (q) of this section.

(iii) Emergency planning functionmeans 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 powerreactor licensees, the planning standards of §50.47(b).

(iv) Reduction in effectiveness means achange 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 planthat 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 toits emergency plan without NRC approval only if the licensee performs and retains an analysis demonstratingthat the changes do not reduce the effectiveness of the plan and the plan, aschanged, continues to meet the requirements in appendix E to this partand, 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, andthe basis for concluding that the licensee’s emergency plan, as revised, will continue to meet the requirementsin 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 ofthe 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 NRCfinds 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


### 865 Nuclear Regulatory Commission § 50.54

IV.D.3 ) are not corrected within fourmonths 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 orother 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, orthat there are other compelling reasons for continued operation.

(3) The NRC will base its finding on areview 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 whetherthe licensee’s emergency plans are adequate and capable of being implemented. Nothing in this paragraphshall 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 forthe 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 theimplementation 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, orfacilities 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 withState 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 aperiod of 5 years. The part of the review involving the evaluation for adequacy of interface with State and local governments must be available to theappropriate State and local governments.

(u) [Reserved](v) Each licensee subject to the requirements of Part 73 of this chaptershall 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 licenseeunder this part for a production or utilization facility of the type describedin §50.21(b) or §50.22 shall take reasonable steps to obtain insurance available
at reasonable costs and on reasonableterms 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 aminimum coverage limit for each reactor station site of either $1.06 billion orwhatever 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 bepayable 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 reasonablesteps to restore its coverage to the required minimum. The required insurance may, at the option of the licensee, be included within policies that also


### 866 10 CFR Ch. I (1–1–13 Edition) § 50.54

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 removedor 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 mustapply uniformly to all insurance policies required under paragraph (w) of
this section.

(3) The licensee shall report to theNRC 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 atthe 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 canbe 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 cleanupplan 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 foractivities 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 thepublic 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 theoffsite 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 healthand 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 elector the Director may for good cause direct, the licensee shall prepare and submit a cleanup plan for the Director’sapproval. The cleanup plan must identify and contain an estimate of the cost of each cleanup operation that will be required to decontaminate thereactor sufficiently to permit the licensee either to resume operation ofthe 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


### 867 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 willorder the licensee to complete all operations that the Director finds are necessary to decontaminate the reactorsufficiently 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’sestimate of cleanup costs for such operations. Such order may not be effective for more than 1 year, at which time itmay be renewed. Each subsequent renewal order, if imposed, may be effective for not more than 6 months.

(iv) Of the balance of the proceeds ofthe required insurance not already expended to place the reactor in a safeand 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 anddecontamination 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 sodedicated, 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 reasonableaction 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 andtechnical 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 powerreactor facility for which the certifications required under §50.82(a)(1) have been submitted, by either a licensedsenior 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 tothe Commission for its review and preliminary approval of the program by which the licensee intends to manageand 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 reviewwill 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


### 868 10 CFR Ch. I (1–1–13 Edition) § 50.54

and that the actions will be implemented on a timely basis. Where implementation of such actions requires NRC authorizations, the licensee shallverify 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 recorduntil expiration of the reactor operating license. The licensee shall notify the NRC of any significant changes inthe proposed waste management program as described in the initial notification.

(cc)(1) Each licensee shall notify theappropriate NRC Regional Administrator, in writing, immediately following the filing of a voluntary or involuntary petition for bankruptcyunder any chapter of title 11 (Bankruptcy) of the United States Code by or against:

(i) The licensee; (ii) An entity (as that term is definedin 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 reasonableaction 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 securityobjectives as designated by the national command authority through the Commission, and

(2) No action consistent with license conditions and technical specificationsthat 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 UnitedStates. 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 thispart authorizing the possession of byproduct and special nuclear materialproduced 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 combinedwith 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 theearthquake 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 thepublic 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. TheNRC will base this finding on its assessment of the applicant’s onsite emergency plans against the pertinent


### 869 Nuclear Regulatory Commission § 50.55

standards in §50.47 and appendix E to this part. Review of the applicant’semergency plans will include the following standards with offsite aspects:

(i) Arrangements for requesting andeffectively using offsite assistance onsite have been made, arrangements to
accommodate State and local staff at the licensee’s Emergency OperationsFacility 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 responseorganizations to offsite emergency personnel who would be responding onsite.

(iv) Adequate emergency facilitiesand equipment to support the emergency response onsite are provided and
maintained.

(v) Adequate methods, systems, andequipment 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 emergencypreparedness 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 personneland applicable offsite response organizations;

(iv) Onsite actions necessary to enhance the capability of the facility tomitigate 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 siteprotected 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 andimplement guidance and strategies intended to maintain or restore core cooling, containment, and spent fuelpool cooling capabilities under the circumstances associated with loss oflarge 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 anuclear 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]

E DITORIAL N OTE : For F EDERAL R EGISTER 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

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§ 50.55 Conditions of construction permits, early site permits, combinedlicenses, 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)