§ 52.167 Issuance of manufacturing license.
(a) After completing any hearing under § 52.163, and receiving the report submitted by the ACRS, the Commission may issue a manufacturing license if the Commission finds that:
(1) Applicable standards and requirements of the Act and the Commission's regulations have been met;
(2) There is reasonable assurance that
the reactor(s) will be manufactured, and
can be transported, incorporated into a
nuclear power plant, and operated in
conformity with the manufacturing license, the provision of the Act, and the
(3) The proposed reactor(s) can be
incorporated into a nuclear power plant
and operated at sites having
characteristics that fall within the site
parameters postulated for the design of
the manufactured reactor(s) without
undue risk to the health and safety of the public;
(4) The applicant is technically qualified to design and manufacture the proposed nuclear power reactor(s);
(5) The proposed inspections, tests, analyses and acceptance criteria are necessary and sufficient, within the scope of the manufacturing license, to provide reasonable assurance that the manufactured reactor has been manufactured and will be operated in conformity with the license, the provisions of the Act, and the Commission's regulations;
(6) The issuance of a license to the applicant will not be inimical to the common defense and security or to the health and safety of the public; and
(7) The findings required by subpart A of part 51 of this chapter have been made.
(b) Each manufacturing license issued under this subpart shall specify:
(1) Terms and conditions as the Commission deems necessary and appropriate;
(2) Technical specifications for
operation of the manufactured reactor,
as the Commission deems necessary and
(3) Site parameters and design characteristics for the manufactured reactor; and
(4) The interface requirements to be
met by the site-specific elements of the
facility, such as the service water intake
structure and the ultimate heat sink, not within the scope of the manufactured reactor.
(c)(1) A holder of a manufacturing license may not transport or allow to be removed from the place of manufacture the manufactured reactor except to the site of a licensee with either a construction permit under part 50 of this chapter or a combined license under subpart C of this part. The construction permit or combined license must authorize the construction of a nuclear power facility using the manufactured reactor(s).
(2) A holder of a manufacturing license shall include, in any contract governing the transport of a manufactured reactor from the place of manufacture to any other location, a provision requiring that the person or entity transporting the manufactured reactor to comply with all NRC-approved shipping requirements in the manufacturing license.
[72 FR 49543, Aug. 28, 2007]