---
kind: "range"
citation: "10 C.F.R. §§ 50.40–50.43"
title: "10"
from: "50.40"
to: "50.43"
count: 4
url: "https://uscodex.org/cfr/10/50.40..50.43"
---

# §50.40. Common standards.


In determining that a construction permit or operating license in this part, or early site permit, combined license, or manufacturing license in [part 52](/cfr/10/part52.md) of this chapter will be issued to an applicant, the Commission will be guided by the following considerations:

- (a) Except for an early site permit or manufacturing license, the processes to be performed, the operating procedures, the facility and equipment, the use of the facility, and other technical specifications, or the proposals, in regard to any of the foregoing collectively provide reasonable assurance that the applicant will comply with the regulations in this chapter, including the regulations in [part 20](/cfr/10/part20.md) of this chapter, and that the health and safety of the public will not be endangered.
- (b) The applicant for a construction permit, operating license, combined license, or manufacturing license is technically and financially qualified to engage in the proposed activities in accordance with the regulations in this chapter. However, no consideration of financial qualification is necessary for an electric utility applicant for an operating license for a utilization facility of the type described in [§ 50.21(b)](/cfr/10/50.21.md?p=b) or [§ 50.22](/cfr/10/50.22.md) or for an applicant for a manufacturing license.
- (c) The issuance of a construction permit, operating license, early site permit, combined license, or manufacturing license to the applicant will not, in the opinion of the Commission, be inimical to the common defense and security or to the health and safety of the public.
- (d) **Any applicable requirements of subpart A of 10 CFR part 51 have been satisfied.**

# §50.41. Additional standards for class 104 licenses.


In determining that a class 104 license will be issued to an applicant, the Commission will, in addition to applying the standards set forth in [§ 50.40](/cfr/10/50.40.md) be guided by the following considerations:

- (a) The Commission will permit the widest amount of effective medical therapy possible with the amount of special nuclear material available for such purposes.
- (b) The Commission will permit the conduct of widespread and diverse research and development.
- (c) [Reserved]

# §50.42. Additional standard for class 103 licenses.


In determining whether a class 103 license will be issued to an applicant, the Commission will, in addition to applying the standards set forth in [§ 50.40](/cfr/10/50.40.md), consider whether the proposed activities will serve a useful purpose proportionate to the quantities of special nuclear material or source material to be utilized.


# §50.43. Additional standards and provisions affecting class 103 licenses and certifications for commercial power.


In addition to applying the standards set forth in §§ [50.40](/cfr/10/50.40.md) and [50.42](/cfr/10/50.42.md), [paragraphs (a) through (e)](#a..e) of this section apply in the case of a class 103 license for a facility for the generation of commercial power. For a design certification under [part 52](/cfr/10/part52.md) of this chapter, only [paragraph (e)](#e) of this section applies.

- (a) **The NRC will—**
  - (1) Give notice in writing of each application to the regulatory agency or State as may have jurisdiction over the rates and services incident to the proposed activity;
  - (2) Publish notice of the application in trade or news publications as it deems appropriate to give reasonable notice to municipalities, private utilities, public bodies, and cooperatives which might have a potential interest in the utilization or production facility; and
  - (3) Publish notice of the application once each week for 4 consecutive weeks in the Federal Register. No license will be issued by the NRC prior to the giving of these notices and until 4 weeks after the last notice is published in the Federal Register.
- (b) If there are conflicting applications for a limited opportunity for such license, the Commission will give preferred consideration in the following order: First, to applications submitted by public or cooperative bodies for facilities to be located in high cost power areas in the United States; second, to applications submitted by others for facilities to be located in such areas; third, to applications submitted by public or cooperative bodies for facilities to be located in other than high cost power areas; and, fourth, to all other applicants.
- (c) The licensee who transmits electric energy in interstate commerce, or sells it at wholesale in interstate commerce, shall be subject to the regulatory provisions of the Federal Power Act.
- (d) Nothing shall preclude any government agency, now or hereafter authorized by law to engage in the production, marketing, or distribution of electric energy, if otherwise qualified, from obtaining a construction permit or operating license under this part, or a combined license under [part 52](/cfr/10/part52.md) of this chapter for a utilization facility for the primary purpose of producing electric energy for disposition for ultimate public consumption.
- (e) Applications for a design certification, combined license, manufacturing license, operating license or standard design approval that propose nuclear reactor designs that differ significantly from light-water reactor designs that were licensed before 1997, or use simplified, inherent, passive, or other innovative means to accomplish their safety functions will be approved only if:
  - (1)
    - (i) The performance of each safety feature of the design has been demonstrated through either analysis, appropriate test programs, experience, or a combination thereof;
    - (ii) Interdependent effects among the safety features of the design are acceptable, as demonstrated by analysis, appropriate test programs, experience, or a combination thereof; and
    - (iii) Sufficient data exist on the safety features of the design to assess the analytical tools used for safety analyses over a sufficient range of normal operating conditions, transient conditions, and specified accident sequences, including equilibrium core conditions; or
  - (2) There has been acceptable testing of a prototype plant over a sufficient range of normal operating conditions, transient conditions, and specified accident sequences, including equilibrium core conditions. If a prototype plant is used to comply with the testing requirements, then the NRC may impose additional requirements on siting, safety features, or operational conditions for the prototype plant to protect the public and the plant staff from the possible consequences of accidents during the testing period.