250 



The public hearing usually is conducted by a three-member atomic safety and 

 licensing board appointed by the Commission. The board is composed of two 

 technical experts and one lawyer, who acts as chairman of the board for the 

 hearing. 



The application, any amendments to the application which may have been 

 filed, and any other pertinent documents are submitted for the record. The pro- 

 posed findings by the regulatory staff and the proposed construction permit are 

 presented. Testimony is given both by the applicant and by the AEC regulatory 

 staff on the safety asi>ects of the reactor and on the applicant's technical and 

 financial qualifications to construct the facility. 



The board considers matters of radiological safety involved in the application 

 for this proposed reactor at the selected site. In addition, any party to the 

 proceeding may raise as an issue whether the issuance of the i)ermit would be 

 likely to result in a significant, adverse effect on the environment. If such a 

 result were indicated, in accordance with the declaration of national policy 

 expressed in the National Environmental Policy Act of 1969, consideration will 

 be given to the need for the imposition of requirements for the preservation of 

 environmental values consistent with other essential considerations oi national 

 policy, including the need to meet on a timely basis the growing national re- 

 quirements for electric power. 



With respect to those aspects of environmental quality for which environ- 

 mental quality standards and requirements have been established, proof that 

 the applicant is equipped to observe and agrees to observe such standards and 

 requirements will be considered a satisfactory showing that there will not be 

 a significant, adverse effect on the environment. Certification by the appropriate 

 agency that there is reasonable assurance that the applicant for the i>ermit will 

 observe such standards and requirements will be considered dispositive for this 

 purpose. In any event, there will be incorporated in construction permits a 

 condition to the effect that the licensee shall observe such standards and re- 

 quirements for the protection of the environment as are validly imposed pur- 

 suant to authority established under Federal and State law and as are determined 

 by the Commission to be applicable to the facility that is siubject to the licensing 

 action involved. 



In a hearing on an uncontested application for a construction permit, the 

 licensing board will determine (1) whether the application and the record of 

 the proceeding contain sufficient information and (2) whether review of the 

 application by the AEC regulatory staff has been adequate, to support the find- 

 ings proposed to be made by the Director of Regulation and to support issuance 

 of a construction permit also proposed by the Director of Regulation. If an 

 application is contested — that is, if there is a controversy between the AEC 

 regulatory staff and the applicant concerning the issuance of a permit or any 

 of its terms or conditions, or if the application is opposed by an intervening 

 party to the proceeding — then the licensing board will consider any matters in 

 controversy. 



The proceedings are conducted informally, consistent with legal requirements 

 and fairness to all parties. 



FINAL ACTION ON CONSTRUCTION PERMIT 



The licensing board considers the evidence which has been presented, together 

 with any briefs which may have been filed, and issues a decision. The decision 

 is effective immediately, unless the board finds that good cause has been sho^\n 

 by a party why it should not be. If authorized by the decision, a construction 

 permit is issued. The decision and the i)ermit are subject to review by the 

 Atomic Safety and Licensing Appeal Board or by the full Commission upon 

 filing of exceptions or on its own motion. The Commission may, on its own 

 motion, review certain appeal board decisions on certain si^ecified grounds. 



The permit includes a finding, however, that AEC is satisfied it has enough 

 information to provide reasonable assurance that the proposed facility can be 

 constructed and operated safely at the proposed location. 



OPERATING LICENSE 



As construction proceeds on the reactor, it is inspected periodically by repre- 

 sentatives of the Commission's Division of Compliance to assure that the re- 

 quirements of the construction ijermit are met. Amendments to the application 

 and reports may be submitted from time to time for review by the Division 

 of Reactor Licensing. 



