---
kind: "range"
citation: "10 C.F.R. §§ 72.48–72.56"
title: "10"
from: "72.48"
to: "72.56"
count: 5
url: "https://uscodex.org/cfr/10/72.48..72.56"
---

# §72.48. Changes, tests, and experiments.

- (a) **Definitions for the purposes of this section—**
  - (1) Change means a modification or addition to, or removal from, the facility or spent fuel storage cask design or procedures that affects a design function, method of performing or controlling the function, or an evaluation that demonstrates that intended functions will be accomplished.
  - (2) **Departure from a method of evaluation described in the FSAR (as updated) used in establishing the design bases or in the safety analyses—** means:
    - (i) Changing any of the elements of the method described in the FSAR (as updated) unless the results of the analysis are conservative or essentially the same; or
    - (ii) Changing from a method described in the FSAR to another method unless that method has been approved by NRC for the intended application.
  - (3) Facility means either an independent spent fuel storage installation (ISFSI) or a Monitored Retrievable Storage facility (MRS).
  - (4) The facility or spent fuel storage cask design as described in the Final Safety Analysis Report (FSAR) (as updated) means:
    - (i) The structures, systems, and components (SSC) that are described in the FSAR (as updated),
    - (ii) The design and performance requirements for such SSCs described in the FSAR (as updated), and
    - (iii) The evaluations or methods of evaluation included in the FSAR (as updated) for such SSCs which demonstrate that their intended function(s) will be accomplished.
  - (5) **Final Safety Analysis Report (as updated)—** means:
    - (i) For specific licensees, the Safety Analysis Report for a facility submitted and updated in accordance with [§ 72.70](/cfr/10/72.70.md);
    - (ii) For general licensees, the Safety Analysis Report for a spent fuel storage cask design, as amended and supplemented; and
    - (iii) For certificate holders, the Safety Analysis Report for a spent fuel storage cask design submitted and updated in accordance with [§ 72.248](/cfr/10/72.248.md).
  - (6) Procedures as described in the Final Safety Analysis Report (as updated) means those procedures that contain information described in the FSAR (as updated) such as how SSCs are operated and controlled (including assumed operator actions and response times).
  - (7) Tests or experiments not described in the Final Safety Analysis Report (as updated) means any activity where any SSC is utilized or controlled in a manner which is either:
    - (i) Outside the reference bounds of the design bases as described in the FSAR (as updated) or
    - (ii) **Inconsistent with the analyses or descriptions in the FSAR (as updated).**
- (b) This section applies to:
  - (1) Each holder of a general or specific license issued under this part, and
  - (2) **Each holder of a Certificate of Compliance (CoC) issued under this part.**
- (c)
  - (1) A licensee or certificate holder may make changes in the facility or spent fuel storage cask design as described in the FSAR (as updated), make changes in the procedures as described in the FSAR (as updated), and conduct tests or experiments not described in the FSAR (as updated), without obtaining either:
    - (i) A license amendment pursuant to [§ 72.56](/cfr/10/72.56.md) (for specific licensees) or
    - (ii) A CoC amendment submitted by the certificate holder pursuant to [§ 72.244](/cfr/10/72.244.md) (for general licensees and certificate holders) if:
      - (A) A change to the technical specifications incorporated in the specific license is not required; or
      - (B) A change in the terms, conditions, or specifications incorporated in the CoC is not required; and
      - (C) **The change, test, or experiment does not meet any of the criteria in paragraph (c)(2) of this section.**
  - (2) A specific licensee shall obtain a license amendment pursuant to [§ 72.56](/cfr/10/72.56.md), a certificate holder shall obtain a CoC amendment pursuant to [§ 72.244](/cfr/10/72.244.md), and a general licensee shall request that the certificate holder obtain a CoC amendment pursuant to [§ 72.244](/cfr/10/72.244.md), prior to implementing a proposed change, test, or experiment if the change, test, or experiment would:
    - (i) Result in more than a minimal increase in the frequency of occurrence of an accident previously evaluated in the FSAR (as updated);
    - (ii) Result in more than a minimal increase in the likelihood of occurrence of a malfunction of a system, structure, or component (SSC) important to safety previously evaluated in the FSAR (as updated);
    - (iii) Result in more than a minimal increase in the consequences of an accident previously evaluated in the FSAR (as updated);
    - (iv) Result in more than a minimal increase in the consequences of a malfunction of an SSC important to safety previously evaluated in the FSAR (as updated);
    - (v) Create a possibility for an accident of a different type than any previously evaluated in the FSAR (as updated);
    - (vi) Create a possibility for a malfunction of an SSC important to safety with a different result than any previously evaluated in the FSAR (as updated);
    - (vii) Result in a design basis limit for a fission product barrier as described in the FSAR (as updated) being exceeded or altered; or
    - (viii) Result in a departure from a method of evaluation described in the FSAR (as updated) used in establishing the design bases or in the safety analyses.
  - (3) In implementing this paragraph, the FSAR (as updated) is considered to include FSAR changes resulting from evaluations performed pursuant to this section and analyses performed pursuant to [§ 72.56](/cfr/10/72.56.md) or [§ 72.244](/cfr/10/72.244.md) since the last update of the FSAR pursuant to [§ 72.70](/cfr/10/72.70.md), or [§ 72.248](/cfr/10/72.248.md) of this part.
  - (4) The provisions in this section do not apply to changes to the facility or procedures when the applicable regulations establish more specific criteria for accomplishing such changes.
- (d)
  - (1) The licensee and certificate holder shall maintain records of changes in the facility or spent fuel storage cask design, of changes in procedures, and of tests and experiments made pursuant to [paragraph (c)](#c) of this section. These records must include a written evaluation which provides the bases for the determination that the change, test, or experiment does not require a license or CoC amendment pursuant to [paragraph (c)(2)](#c-2) of this section.
  - (2) The licensee and certificate holder shall submit, as specified in [§ 72.4](/cfr/10/72.4.md), a report containing a brief description of any changes, tests, and experiments, including a summary of the evaluation of each. A report shall be submitted at intervals not to exceed 24 months.
  - (3) The records of changes in the facility or spent fuel storage cask design shall be maintained until:
    - (i) Spent fuel is no longer stored in the facility or the spent fuel storage cask design is no longer being used, or
    - (ii) **The Commission terminates the license or CoC issued pursuant to this part.**
  - (4) The records of changes in procedures and of tests and experiments shall be maintained for a period of 5 years.
  - (5) The holder of a spent fuel storage cask design CoC, who permanently ceases operation, shall provide the records of changes to the new certificate holder or to the Commission, as appropriate, in accordance with [§ 72.234(d)(3)](/cfr/10/72.234.md?p=d-3).
  - (6)
    - (i) A general licensee shall provide a copy of the record for any changes to a spent fuel storage cask design to the applicable certificate holder within 60 days of implementing the change.
    - (ii) A specific licensee using a spent fuel storage cask design, approved pursuant to [subpart L](/cfr/10/subpartL.md) of this part, shall provide a copy of the record for any changes to a spent fuel storage cask design to the applicable certificate holder within 60 days of implementing the change.
    - (iii) A certificate holder shall provide a copy of the record for any changes to a spent fuel storage cask design to any general or specific licensee using the cask design within 60 days of implementing the change.

# §72.50. Transfer of license.

- (a) No license or any part included in a license issued under this part for an ISFSI or MRS shall be transferred, assigned, or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of the license to any person, unless the Commission gives its consent in writing.
- (b)
  - (1) An application for transfer of a license must include as much of the information described in §§ [72.22](/cfr/10/72.22.md) and [72.28](/cfr/10/72.28.md) with respect to the identity and the technical and financial qualifications of the proposed transferee as would be required by those sections if the application were for an initial license. The application must also include a statement of the purposes for which the transfer of the license is requested and the nature of the transaction necessitating or making desirable the transfer of the license.
  - (2) The Commission may require any person who submits an application for the transfer of a license pursuant to the provisions of this section to file a written consent from the existing licensee, or a certified copy of an order or judgment of a court of competent jurisdiction, attesting to the person's right—subject to the licensing requirements of the Act and these regulations—to possession of the radioactive materials and the storage installation involved.
  - (3) The application shall describe the financial assurance that will be provided for the decommissioning of the facility under [§ 72.30](/cfr/10/72.30.md).
- (c) After appropriate notice to interested persons, including the existing licensee, and observance of such procedures as may be required by the Act or regulations or orders of the Commission, the Commission will approve an application for the transfer of a license, if the Commission determines that:
  - (1) The proposed transferee is qualified to be the holder of the license; and
  - (2) Transfer of the license is consistent with applicable provisions of the law, and the regulations and orders issued by the Commission.

# §72.52. Creditor regulations.

- (a) **This section does not apply to an ISFSI or MRS constructed and operated by DOE.**
- (b) Pursuant to section 184 of the Act, the Commission consents, without individual application, to the creation of any mortgage, pledge, or other lien on special nuclear material contained in spent fuel not owned by the United States that is the subject of a license or on any interest in special nuclear material in spent fuel; Provided:
  - (1) That the rights of any creditor so secured may be exercised only in compliance with and subject to the same requirements and restrictions as would apply to the licensee pursuant to the provisions of the license, the Atomic Energy Act of 1954, as amended, and regulations issued by the Commission pursuant to said Act; and
  - (2) That no creditor so secured may take possession of the spent fuel and/or reactor-related GTCC waste under the provisions of this section before—
    - (i) The Commission issues a license authorizing possession; or
    - (ii) **The license is transferred.**
- (c) Any creditor so secured may apply for transfer of the license covering spent fuel and/or reactor-related GTCC waste by filing an application for transfer of the license under [§ 72.50(b)](/cfr/10/72.50.md?p=b). The Commission will act upon the application under [§ 72.50(c)](/cfr/10/72.50.md?p=c).
- (d) Nothing contained in this regulation shall be deemed to affect the means of acquiring, or the priority of, any tax lien or other lien provided by law.
- (e) **As used in this section, “creditor” includes, without implied limitation—**
  - (1) The trustee under any mortgage, pledge, or lien on spent fuel and/or reactor-related GTCC waste in storage made to secure any creditor;
  - (2) Any trustee or receiver of spent fuel and/or reactor-related GTCC waste appointed by a court of competent jurisdiction in any action brought for the benefit of any creditor secured by a mortgage, pledge, or lien;
  - (3) Any purchaser of the spent fuel and/or reactor-related GTCC waste at the sale thereof upon foreclosure of the mortgage, pledge, or lien or upon exercise of any power of sale contained therein; or
  - (4) **Any assignee of any such purchaser.**

# §72.54. Expiration and termination of licenses and decommissioning of sites and separate buildings or outdoor areas.

- (a) Each specific license expires at the end of the day on the expiration date stated in the license except when a licensee has filed an application for renewal pursuant to [§ 72.42](/cfr/10/72.42.md) not less than 24 months before the expiration of the existing license. If an application for renewal has been filed at least 24 months prior to the expiration date stated in the existing license, the existing license expires at the end of the day on which the Commission makes a final determination to deny the renewal application or, if the determination states an expiration date, the expiration date stated in the determination.
- (b) Each specific license revoked by the Commission expires at the end of the day on the date of the Commission's final determination to revoke the license or on the expiration date stated in the determination or as otherwise provided by Commission Order.
- (c) Each specific license continues in effect, beyond the expiration date if necessary, with respect to possession of licensed material until the Commission notifies the licensee in writing that the license is terminated. During this time, the licensee shall—
  - (1) Limit actions involving spent fuel, reactor-related GTCC waste, or other licensed material to those related to decommissioning; and
  - (2) Continue to control entry to restricted areas until they are suitable for release in accordance with NRC requirements.
- (d) As required by [§ 72.42(b)](/cfr/10/72.42.md?p=b), or within 60 days of the occurrence of any of the following, consistent with the administrative directions in [§ 72.4](/cfr/10/72.4.md), each licensee shall notify the NRC in writing, and submit within 12 months of this notification, a final decommissioning plan and begin decommissioning upon approval of the plan if—
  - (1) The licensee has decided to permanently cease principal activities, as defined in this part, at the entire site or any separate building or outdoor area that contains residual radioactivity such that the building or outdoor area is unsuitable for release in accordance with NRC requirements; or
  - (2) No principal activities under the license have been conducted for a period of 24 months; or
  - (3) No principal activities have been conducted for a period of 24 months in any separate building or outdoor area that contains residual radioactivity such that the building or outdoor area is unsuitable for release in accordance with NRC requirements.
- (e) Coincident with the notification required by [paragraph (d)](#d) of this section, the licensee shall maintain in effect all decommissioning financial assurances established by the licensee pursuant to [§ 72.30](/cfr/10/72.30.md) in conjunction with a license issuance or renewal or as required by this section. The amount of the financial assurance must be increased, or may be decreased, as appropriate, to cover the detailed cost estimate for decommissioning established pursuant to [paragraph (g)(5)](#g-5) of this section.
  - (1) Any licensee who has not provided financial assurance to cover the detailed cost estimate submitted with the decommissioning plan shall do so when this rule becomes effective November 24, 1995.
  - (2) Following approval of the decommissioning plan, a licensee may reduce the amount of the financial assurance as decommissioning proceeds and radiological contamination is reduced at the site with the approval of the Commission.
- (f)
  - (1) The Commission may grant a request to delay or postpone initiation of the decommissioning process if the Commission determines that this relief is not detrimental to the public health and safety and is otherwise in the public interest. The request must be submitted no later than 30 days before notification pursuant to [paragraph (d)](#d) of this section. The schedule for decommissioning set forth in [paragraph (d)](#d) of this section may not commence until the Commission has made a determination on the request.
  - (2) The Commission may approve an alternate schedule for submittal of the final decommissioning plan required pursuant to [paragraph (d)](#d) of this section if the Commission determines that the alternate schedule is necessary to the effective conduct of decommissioning operations and presents no undue risk from radiation to the public health and safety, and is otherwise to the public interest.
- (g) The proposed final decommissioning plan must include—
  - (1) A description of the current conditions of the site or separate building or outdoor area sufficient to evaluate the acceptability of the plan;
  - (2) The choice of the alternative for decommissioning with a description of the activities involved;
  - (3) A description of controls and limits on procedures and equipment to protect occupational and public health and safety;
  - (4) A description of the planned final radiation survey; and
  - (5) An updated detailed cost estimate for the chosen alternative for decommissioning, comparison of that estimate with present funds set aside for decommissioning, and plan for assuring the availability of adequate funds for completion of decommissioning including means for adjusting cost estimates and associated funding levels over any storage or surveillance period; and
  - (6) A description of technical specifications and quality assurance provisions in place during decommissioning.
- (h) For final decommissioning plans in which the major dismantlement activities are delayed by first placing the ISFSI or MRS in storage, planning for these delayed activities may be less detailed. Updated detailed plans must be submitted and approved prior to the start of these activities.
- (i) If the final decommissioning plan demonstrates that the decommissioning will be completed as soon as practicable, performed in accordance with the regulations in this chapter, and will not be inimical to the common defense and security or to the health and safety of the public, and after notice to interested persons, the Commission will approve the plan subject to any appropriate conditions and limitations and issue an order authorizing decommissioning.
- (j)
  - (1) Except as provided in [paragraph (k)](#k) of this section, each licensee shall complete decommissioning of the site or separate building or outdoor area as soon as practicable but no later than 24 months following approval of the final decommissioning plan by the Commission.
  - (2) Except as provided in [paragraph (k)](#k) of this section, when decommissioning involves the entire site, each licensee shall request license termination as soon as practicable but no later than 24 months following approval of the final decommissioning plan by the Commission.
- (k) The Commission may approve a request for an alternate schedule for completion of decommissioning of the site or separate building or outdoor area, and license termination if appropriate, if the Commission determines that the alternate schedule is warranted by consideration of the following:
  - (1) Whether it is technically feasible to complete decommissioning within the allotted 24-month period;
  - (2) Whether sufficient waste disposal capacity is available to allow completion of decommissioning within the allotted 24-month period;
  - (3) Whether a significant volume reduction in wastes requiring disposal will be achieved by allowing short-lived radionuclides to decay;
  - (4) Whether a significant reduction in radiation exposure to workers can be achieved by allowing short-lived radionuclides to decay; and
  - (5) Other site-specific factors that the Commission may consider appropriate on a case-by-case basis, such as regulatory requirements of other government agencies, lawsuits, groundwater treatment activities, monitored natural groundwater restoration, actions that could result in more environmental harm than deferred cleanup, and other factors beyond the control of the licensee.
- (l) **As the final step in decommissioning, the licensee shall—**
  - (1) Certify the disposition of all licensed material, including accumulated wastes, by submitting a completed NRC Form 314 or equivalent information; and
  - (2) Conduct a radiation survey of the premises where the licensed activities were conducted and submit a report of the results of this survey, unless the licensee demonstrates in some other manner that the premises are suitable for release in accordance with the criteria for decommissioning in [10 CFR part 20](/cfr/10/part20.md), subpart E. The licensee shall, as appropriate—
    - (i) Report levels of gamma radiation in units of millisieverts (microroentgen) per hour at one meter from surfaces, and report levels of radioactivity, including alpha and beta, in units of megabecquerels (disintegrations per minute or microcuries) per 100 square centimeters removable and fixed for surfaces, megabecquerels (microcuries) per milliliter for water, and becquerels (picocuries) per gram for solids such as soils or concrete; and
    - (ii) Specify the survey instrument(s) used and certify that each instrument is properly calibrated and tested.
- (m) Specific licenses, including expired licenses, will be terminated by written notice to the licensee when the Commission determines that—
  - (1) The decommissioning has been performed in accordance with the approved final decommissioning plan and the order authorizing decommissioning; and
  - (2)
    - (i) A radiation survey has been performed which demonstrates that the premises are suitable for release in accordance with the criteria for decommissioning in [10 CFR part 20](/cfr/10/part20.md), [subpart E](/cfr/10/subpartE.md); or
    - (ii) Other information submitted by the licensee is sufficient to demonstrate that the premises are suitable for release in accordance with the criteria for decommissioning in [10 CFR part 20](/cfr/10/part20.md), subpart E.
  - (3) Records required by [§ 72.80(e)](/cfr/10/72.80.md?p=e) have been received.

# §72.56. Application for amendment of license.


Whenever a holder of a specific license desires to amend the license (including a change to the license conditions), an application for an amendment shall be filed with the Commission fully describing the changes desired and the reasons for such changes, and following as far as applicable the form prescribed for original applications.