(a) Except as provided in paragraph (b) of this section, an early site permit issued under this subpart may be valid for not less than 10, nor more than 20 years from the date of issuance.
(b) An early site permit continues to be valid beyond the date of expiration in any proceeding on a CP application or a COL application that references the early site permit and is docketed before the date of expiration of the early site permit, or, if a timely application for renewal of the permit has been docketed, before the Commission has determined whether to renew the permit.
(c) An applicant for a CP or COL may, at its own risk, reference in its application a site for which an early site permit application has been docketed but not granted.
(d) Upon issuance of a CP or COL, a referenced early site permit is subsumed, to the extent referenced, into the CP or COL.
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: 91 FR 15794, Mar. 30, 2026, unless otherwise noted.
cite as: 10 CFR 53.1164