(a) After conducting a hearing under Sec. 52.21 and receiving the report to be submitted by the ACRS under Sec. 52.23, the Commission may issue an early site permit, in the form the Commission deems appropriate, if the Commission finds that:
(1) An application for an early site permit meets the applicable standards and requirements of the Act and the Commission's regulations;
(2) Notifications, if any, to other agencies or bodies have been duly made;
(3) There is reasonable assurance that the site is in conformity with the provisions of the Act, and the Commission's regulations;
(4) The applicant is technically qualified to engage in any activities authorized;
(5) The proposed inspections, tests, analyses and acceptance criteria, including any on emergency planning, are necessary and sufficient, within the scope of the early site permit, to provide reasonable assurance that the facility has been constructed and will be operated in conformity with the license, the provisions of the Act, and the Commission's regulations;
(6) Issuance of the permit will not be inimical to the common defense and security or to the health and safety of the public;
(7) Any significant adverse environmental impact resulting from activities requested under Sec. 52.17(c) can be redressed; and
(8) The findings required by subpart A of 10 CFR part 51 have been made.
(b) The early site permit must specify the site characteristics, design parameters, and terms and conditions of the early site permit the Commission deems appropriate. Before issuance of either a construction permit or combined license referencing an early site permit, the Commission shall find that any relevant terms and conditions of the early site permit have been met. Any terms or conditions of the early site permit that could not be met by the time of issuance of the construction permit or combined license, must be set forth as terms or conditions of the construction permit or combined license.
(c) The early site permit shall specify those 10 CFR 50.10 activities requested under Sec. 52.17(c) that the permit holder is authorized to perform. [72 FR 49517, Aug. 28, 2007, as amended at 72 FR 57447, Oct. 9, 2007]