§53.1158. Issuance of early site permit.
10 C.F.R. § 53.1158
The Commission may issue an early site permit, in the form the Commission deems appropriate, if the Commission finds that—
An application for an early site permit demonstrates compliance with the applicable standards and requirements of the Act and the Commission's regulations;
Notifications, if any, to other agencies or bodies have been duly made;
There is reasonable assurance that the site is in conformity with the provisions of the Act and the Commission's regulations;
The applicant is technically qualified to engage in any activities authorized;
The proposed ITAAC, including any on emergency planning, are necessary and sufficient, within the scope of the early site permit, to provide reasonable assurance that the facility has been constructed and will be operated in conformity with the license, the provisions of the Act, and the Commission's regulations;
Issuance of the permit will not be inimical to the common defense and security or to the health and safety of the public;
Any significant adverse environmental impact resulting from activities requested under § 53.1146(c) can be redressed; and
The findings required by 10 CFR part 51 have been made.
The early site permit must specify the site characteristics, design parameters, and terms and conditions of the early site permit the Commission deems appropriate. Before issuance of either a CP or COL referencing an early site permit, the Commission must find that any relevant terms and conditions of the early site permit have been met. Any terms or conditions of the early site permit that could not be met by the time of issuance of the CP or COL, must be set forth as terms or conditions of the CP or COL.
The early site permit must specify those § 53.1130(b) activities requested under § 53.1146(c) that the permit holder is authorized to perform.
Notes, amendments, and revision history
Amendments
[91 FR 15794, Mar. 30, 2026, as amended at 91 FR 20068, Apr. 15, 2026]
Authority
Authority: Atomic Energy Act of 1954, secs. 11, 101, 103, 108, 122, 147, 161, 181, 182, 183, 184, 185, 186, 187, 189, 223, 234 (42 U.S.C. 2014, 2131, 2132, 2133, 2134, 2135, 2138, 2152, 2167, 2169, 2201, 2231, 2232, 2233, 2234, 2235, 2236, 2237, 2239, 2273, 2282); Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); Nuclear Waste Policy Act of 1982, sec. 306 (42 U.S.C. 10226); National Environmental Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 3504 note; Pub. L. 115-439, 132 Stat. 5571.
Source
Source: 91 FR 15794, Mar. 30, 2026, unless otherwise noted.
Amendments
[91 FR 15794, Mar. 30, 2026, as amended at 91 FR 20068, Apr. 15, 2026]