(a) If the application for a COL under this part does not reference an early site permit which authorizes the holder to perform the activities under § 53.1130(b), the applicant may not perform those activities without obtaining the separate authorization required by § 53.1130(a). Authorization may be granted only after the presiding officer in the proceeding on the application has made the findings and determination required by § 53.1130(b)(1)(ii) and (b)(1)(iv), and the Director, Office of Nuclear Reactor Regulation makes the determination required by § 53.1130(b)(1)(iii).
(b) If, after an applicant has performed the activities permitted by a LWA issued under § 53.1130, the application for the COL is withdrawn or denied, then the applicant must implement the approved site redress plan.
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 53.1434