ing which will house the facility and on the balance of the site. (c) A description of the site on which the facility is to be located. This should include a map of the area showing the location of the site and indicating the use to which the surrounding land is put, i. e., industrial, commercial, agricultural, residential; location of sources of potable or industrial water supply, watershed areas and public utilities; and a scale plot plan of the site showing the proposed location of the facility. (i) A description of means provided to sample atmosphere discharges through stacks where such stacks may emit byproduct material or special nuclear material. $ 50.35 Extended time for providing technical information. Where, because of the nature of a proposed project, an applicant is not in a position to supply initially all of the technical information otherwise required to complete the application, he shall indicate the reason, the items or kinds of information omitted, and the approximate times when such data will be produced. If the (d) A description of proposed procedures for: routine and non-routine operations, start-up and shut-down, Commission is satisfied that it has inmaintenance, storage, training of employees, minimizing operational mishaps (such as locked controls, checklists, and close supervision), investigating unusual or unexpected incidents; and a description of such other details as may be useful in evaluating the existence and effectiveness of safeguards against the radioactive hazards in the operation of the facility. (e) A description of plans or proposals in the event that acts or accidents occur which would create radioactive hazards. The description should relate the various operational procedures, the protective devices, and the pertinent features of the site, to such happenings as operational mistakes, equipment or Instrument failure or malfunction, fire, electric power failure, flood, earthquake, storm, strike, and riot. (f) Meteorological, hydrological, geological, and seismological data necessary for evaluating the measures proposed for protecting the public against possible radioactive hazards. (g) An evaluation of the proposed measures and devices to prevent acts or accidents which would create radioactive hazards or to protect against the consequences should such acts or accidents occur. (h) A description of procedures for disposal of radioactive solid waste and the final disposal of liquid waste effluent. formation sufficient to provide reasonable assurance that a facility of the general type proposed can be constructed and operated at the proposed location without undue risk to the health and safety of the public and that the omitted information will be supplied, it may process the application and issue a construction permit on a provisional basis without the omitted information subject to its later production and an evaluation by the Commission that the final design provides reasonable assurance that the health and safety of the public will not be endangered. $ 50.36 Designation of technical specifications. (a) The Commission will indicate, by notice to the applicant, which of the provisions of his hazards summary report or any supplement thereto will be deemed to be technical specifications that become part of the license or construction permit. In giving such notice, the Commission will afford the applicant reasonable opportunity to amend or revise the technical information supplied before proceeding further to process the application. (b) The Commission may require the applicant to designate those provisions of his hazards summary report or any supplement thereto, which he proposes be incorporated as technical specifications in the construction permit or license. comply with the regulations in this chapter, including the regulations in Part 20, and that the health and safety of the public will not be endangered. (b) The applicant is technically and financially qualified to engage in the proposed activities in accordance with the regulations in this chapter. § 50.37 Agreement limiting access to | able assurance that the applicant will Restricted Data. As part of his application and in any event prior to the receipt of Restricted Data or the issuance of a license or construction permit, the applicant shall agree in writing that he will not permit any individual to have access to Restricted Data until the Civil Service Commission shall have made an investigation and report to the Commission on the character, associations, and loyalty of such individual, and the Commission shall have determined that permitting such person to have access to Restricted Data will not endanger the common defense and security. The agreement of the applicant in this regard shall be deemed part of the license or construction permit, whether so stated therein or not. § 50.38 Ineligibility of certain applicants. Any person who is a citizen, national, or agent of a foreign country, or any corporation, or other entity which the Commission knows or has reason to believe is owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government, shall be ineligible to apply for and obtain a license except a license authorizing export only pursuant to an agreement for cooperation. $ 50.39 Public inspection of applications. Applications and documents submitted to the Commission in connection with applications may be made available for public inspection in accordance with the provisions of the regulations contained in Part 2 of this chapter. STANDARD FOR LICENSES AND CONSTRUC TION PERMITS $ 50.40 Common standards. In determining that a license will be issued to an applicant, the Commission will be guided by the following considerations: (a) 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 reason (c) The issuance of a 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. § 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 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) In the event that applications for special nuclear material for use in activities licensed by the Commission pursuant to section 104b of the act exceed the amount of special nuclear material available the Commission will give priority to those activities which will, in the opinion of the Commission, lead to major advances in the application of atomic energy for industrial purposes. NOTE: The Commission has determined, in accordance with section 104b of the Atomic Energy Act of 1954, that the regulations and terms of license applicable to a production or utilization facility in the conduct of research and development activities leading to the demonstration of practical value of such facility for industrial or commercial purposes are compatible with the regulations and terms of license which will apply in the event that a class 103 license were later to be issued for that type of facility. § 50.42 Additional standards for | ERAL REGISTER. No license will be isclass 103 licenses. In determining sued by the Commission prior to the givwhether a class 103 license will be is-ing of such notices and until four weeks sued to an applicant, the Commission after the last publication in the FEDwill, in addition to applying the stand- ERAL REGISTER. ards set forth in § 50.40, be guided by the following considerations: (a) The proposed activities will serve a useful purpose proportionate to the quantities of special nuclear material or source material to be utilized. (b) Due account will be taken of the advice provided by the Attorney General, pursuant to subsection 105c of the act. For this purpose, before issuing the license, the Commission will notify the Attorney General of the proposed license, and the terms and conditions thereof, and request the advice of the Attorney General as to whether or not the proposed license would tend to create or maintain a situation inconsistent with the antitrust laws, as specified in subsection 105a of the act: Provided, That this requirement will not apply with respect to the types of class 103 licenses which the Commission, with the approval of the Attorney General, may determine would not significantly affect the applicant's activities under the antitrust laws. Upon receipt of the Attorney General's advice, the Commission will cause such advice to be published in the Federal Register. § 50.43 Additional standards and provisions affecting class 103 licenses for commercial power. In addition to applying the standards set forth in §§ 50.40 and 50.42, in the case of a class 103 license for a facility for the generation of commercial power: (a) The Commission will give notice in writing of each application of such regulatory agency as may have jurisdiction over the rates and services of the proposed activity, and to municipalities, private utilities, public bodies, and cooperatives which are within transmission distance and which are authorized to engage in distribution of electric energy; and the Commission will publish notice of the application once each week for four consecutive weeks in the FED (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 area; 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 herein 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 license for the construction and operation of a utilization facility for the primary purpose of producing electric energy for disposition for ultimate public consumption. § 50.44 Standards for licenses authorizing export only. Where a license is sought solely to authorize the export of production or utilization facilities, the Commission will determine whether the issuance of the license to the applicant for the facility involved is within the scope of and consistent with the terms of an agreement for cooperation with the nation to which the facility is to be exported. § 50.45 Standards for construction permits. An applicant for a license or an amendment of a license who proposes to construct or alter a production or utilization facility will be initially granted a construction permit, if the application is in conformity with and acceptable under the criteria of §§ 50.31 | lowing shall be deemed conditions in through 50.38 and the standards of every license issued: $$ 50.40 through 50.43. ISSUANCE, LIMITATIONS, AND CONDITIONS OF LICENSES AND CONSTRUCTION PERMITS § 50.50 Issuance of licenses and construction permits. Upon determination that an application for a license meets the standards and requirements of the act and regulations, and that notifications, if any, to other agencies or bodies have been duly made, the Commission will issue a license, or if appropriate a construction permit, in such form and containing such conditions and limitations including technical specifications, as it deems appropriate and necessary. $ 50.51 Duration of license, renewal. Each license will be issued for a fixed period of time to be specified in the license but in no case to exceed 40 years from the date of issuance. Where the operation of a facility is involved, the Commission will issue the license for the term requested by the applicant or for the estimated useful life of the facility if the Commission determines that the estimated useful life is less than the term requested. Where construction of a facility is involved, the Commission may specify in the construction permit the period for which the license will be issued if approved pursuant to § 50.56. Licenses may be renewed by the Commission upon the expiration of the period. (a) Title to all special nuclear material utilized or produced by facilities pursuant to the license shall at all times be in the United States. (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 will at any time before expiration of the license, upon request of the Commission submit written statements, signed under oath or affirmation, to enable the Commission to determine whether or not the license should be modified, suspended or revoked. (g) The issuance or existence of the license shall not be deemed to waive, or relieve the license 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 | elements, and other acts beyond the 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 rules, regulations, and orders issued in accordance with the terms of the act. (i) The licensee shall not permit the manipulation of the controls of any production or utilization facility by anyone who is not a licensed operator as provided in Part 55 of this chapter. (j) 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. § 50.55 Conditions of construction permits. Each construction permit shall be subject to the following terms and conditions: (a) The permit shall state the earliest and latest dates for completion of the construction or modification. If the construction or modification is completed before the earliest date specified, the holder of the permit shall promptly notify the Commission for the purpose of accelerating final inspection and any scheduled delivery of materials from the Commission. control of the permit holder, as a basis for extending the completion date. (c) Except as modified by this section, the construction permit shall be subject to the same conditions to which a license is subject. (d) At or about the time of completion of the construction or modification of the facility, the applicant will file any additional information needed to bring the original application for license up to date. § 50.56 permit to license; or amendment of liConversion of construction cense. struction or alteration of a facility, in Upon completion of the concompliance with the terms and conditions of the construction permit and subject to any necessary testing of the facility for health or safety purposes, the Commission will, in the absence of good cause shown to the contrary issue a license of the class for which the construction permit was issued or an appropriate amendment of the license, as the case may be. ALLOCATION OF SPECIAL NUCLEAR MATERIAL § 50.60 Allocation of special nuclear material. (a) In construction permits and licenses issued to applicants proposing to operate production or utilization facilities, the Commission may incorporate provisions designating the quantities of special nuclear material available for use by each such facility. Such provisions will normally be in the form of a statement that the Commission has allocated to the applicant, for use in connection with the operation of the particular facility involved, a desig (b) If the proposed construction or modification of the facility is not completed by the latest completion date, the permit shall expire and all rights thereunder shall be forfeited: Pro-nated quantity (or quantities) of spevided, however, That upon good cause shown the Commission will extend the completion date for a reasonable period of time. The Commission will recognize, among other things, developmental problems attributable to the experimental nature of the facility or fire, flood, explosion, strike, sabotage, domestic violence, enemy action, an act of the 389403-56-16 cial nuclear material. The statement will include an estimated schedule for a reasonable period of time of special nuclear material transfers to the applicant and of special nuclear material returns to the Commission. (b) The request for incorporation of such provisions may be made simultaneously with the submission of an ap |