Page:United States Statutes at Large Volume 106 Part 4.djvu/385

 PUBLIC LAW 102-486—OCT. 24, 1992 106 STAT. 3121 issued a combined construction permit and operating license under section 185 b., the Commission snail publish in the Federal Register notice of intended operation. That notice shall provide that any person whose interest may be affected by operation of the plant, may within 60 days request the Commission to hold a hearing on whether the facility as constructed complies, or on completion will comply, with the acceptance criteria of the license. "(ii) A request for hearing under clause (i) shall show, prima facie, that one or more of the acceptance criteria in the combined Ucense have not been, or will not be met, and the specific operational consequences of nonconformance that would be contrary to providing reasonable assurance of adequate protection of the public health and safety. "(iii) After receiving a request for a hearing under clause (i), the Commission expeditiously shall either deny or grant the request. If the request is granted, the Commission shall determine, after considering petitioners' prima facie showing and any answers thereto, whether during a period of interim operation, there will be reasonable assurance of adequate protection of the public health and safety. If the Commission determines that there is such reasonable assurance, it shall allow operation during an interim period under the combined license. "(iv) The Commission, in its discretion, shall determine appropriate hearing procedures, whether informal or formal adijudicatory, for any hearing under clause (i), and shall state its reasons therefor. "(v) The Commission shall, to the maximimi possible extent, render a decision on issues raised by the hearing request within 180 days of the publication of the notice provided by clause (i) or the anticipated date for initial loading of fuel into the reactor, whichever is later. Commencement of operation under a combined Ucense is not subject to subparagraph (A).". SEC. 2803. RULEMAKING. The Nuclear Regulatoiy Commission shall modify part 52 of title 10, Code of Federal Kegulations, to conform with sections 185 b. and 189 a. (I)(B) of the Atomic Energy Act of 1954, as added by sections 2801 and 2802 of this Act, not later than 1 year after the date of the enactment of this Act. SEC. 2804. AMENDMENT OF A COMBINED UCENSE PENDING A HEAR. ING. Section 189 a. (2) of the Atomic Energy Act of 1954 (42 U.S.C. 2239(a)(2)) is amended by inserting "or any amendment to a combined construction and operating license" after "any amendment to an operating license" each time it occurs. SEC. 2805. JUDICIAL REVIEW. Section 189 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2239(b)) is amended by inserting "or any final order allovdng or prohibiting a facility to begin operating under a combined construction and operating license" before '^hall be subject to judicial review". SEC. 2806. EFFECT ON PENDING PROCEEDINGS. 42 USC 2235 Sections 185 b. and 189 a. (I)(B) of the Atomic Energy Act of 1954, as added by sections 2801 and 2802 of this Act, shall apply to all proceedings involving a combined license for which an application was filed after May 8, 1991, under such sections.

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