Academic literature on the topic 'Provisional License'
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Journal articles on the topic "Provisional License"
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Preusser, David F., and William A. Leaf. "Provisional license." Journal of Safety Research 34, no. 1 (January 2003): 45–49. http://dx.doi.org/10.1016/s0022-4375(02)00079-8.
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Skorich, Daniel P., Hugh Webb, Lisa Stewart, Maria Kostyanaya, Tegan Cruwys, Kathy McNeill, Andrew J. Frain, et al. "Stereotype threat and hazard perception among provisional license drivers." Accident Analysis & Prevention 54 (May 2013): 39–45. http://dx.doi.org/10.1016/j.aap.2013.02.002.
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Adnyani, Kadek Devi Arta, I. Nyoman Putu Budiartha, and Ni Made Puspasutari Ujianti. "Perlindungan Hukum terhadap Penerima Lisensi Paten dalam Alih Teknologi." Jurnal Interpretasi Hukum 1, no. 1 (August 18, 2020): 24–29. http://dx.doi.org/10.22225/juinhum.1.1.2180.24-29.
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License is a contract between the licensor (Licencor) with the licensee (License) in which the licensor with a payment and in certain circumstances gives permission to the licensee to use an intellectual property rights (intellectual property rights). Regarding the types of licenses according Lee and Davidson, differentiate into 2 (two) types of licenses, namely Exclusive and Non Exclusive licenses. Patent license agreements are basically subject to and refer to the provisions of the agreement adopted by the Indonesian State in the Indonesian Civil Code. In this day and age the licenses as outlined in the agreement have the form of standard agreements or standard contracts, in a licensing agreement because it uses a standard contract, it has the potential to cause an imbalance of the parties because some licensing agreements (Lisensor) use clauses that can harm the licensee (License). Refressive legal protection is used, if a license agreement with a standard contract or standard contract used by the licensor of the patent (Licencor) to the recipient of a patent license (License), if it violates a subjective condition in making a patent license agreement then it will cause legal consequences can be canceled (Vernietigbaarheid) whereas if it violates an objective condition it will have legal consequences null and void (Neitigbaarheid).
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Lin, Mei-Li, and Kevin T. Fearn. "The provisional license: nighttime and passenger restrictions—a literature review." Journal of Safety Research 34, no. 1 (January 2003): 51–61. http://dx.doi.org/10.1016/s0022-4375(02)00081-6.
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Vereen, Endia. "Trademark Protection in Bankruptcy Proceedings: A Closer Look at Lubrizol and its Progeny." Pittsburgh Journal of Technology Law and Policy 15, no. 1 (February 10, 2015): 57–76. http://dx.doi.org/10.5195/tlp.2014.156.
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When the worlds of bankruptcy and intellectual property licenses converge, licensees are placed in potentially dangerous positions. The seminal case on this issue, Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc., stands for the proposition that when a licensor rejects an intellectual property license as "executory," the licensee no longer has the right to rely on provisions within the agreement with the debtor for continued use of the technology. To countermand the negative effects of Lubrizol, Congress amended the Bankruptcy Code, but intentionally omitted trademarks from the definition of intellectual property. This omission has produced a string of conflicting case law, leaving trademark licensees in a precarious position with few options for recourse. This Note discusses the Intellectual Property Bankruptcy Protection Act and trademark protection specifically, and details the circuit split created by Sunbeam Products, Inc. v. Chicago American Manufacturing. This Note focuses on the implications of the circuit split, and concludes by providing some suggestions for how courts can resolve this issue in the future.
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Leznova, A. A., D. A. Yakovlev, V. V. Frolov, and V. V. Plaksina. "Improving the Efficiency of State Administration in the Field of Ensuring Industrial Safety by Switching to a Register Model for Licensing Certain Types of Activity." Occupational Safety in Industry, no. 5 (May 2021): 30–35. http://dx.doi.org/10.24000/0409-2961-2021-5-30-35.
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Licensing is one of the most important mechanisms in ensuring industrial safety in the Russian Federation. This tool of the state administration is a complex and energy-intensive process both for licensing authorities, and for license applicants, licensees. For the purpose to eliminate the excessive administrative barriers in planning and implementation of production activity, the issuance of licenses in paper form was canceled in favor of making a legally significant entry. In order to implement the register model, a number of new administrative regulations on the provision of state licensing services was developed, according to which, as a result of the provision of state services, from January 1, 2021, Rostechnadzor forms an entry in the register of licenses and sends a notification to the applicant about making the corresponding entry in the register of licenses. The information contained in the license register is open and publicly available, except in cases where access to such information is restricted in accordance with the legislation of the Russian Federation. Access to the information from the register of licenses is provided by Rostechnadzor by publishing it on the official website on the Internet. Also, the information about a specific license can be obtained by an interested person in the form of an extract from the license register in paper or electronic form, while the corresponding fee is charged for providing an extract from the license register in a hard copy. It is worth paying attention to the fact that the amount of the fee was set not for replenishing the budget of the Russian Federation, but in order to stimulate the transition of the interaction of applicants with licensing authorities to an electronic form. The innovations simplified the process of interaction between the licensing authorities and the license applicants and licensees, accelerated and simplified the procedure for obtaining a license, and increased the efficiency of state administration in the field of industrial safety.
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Roshchin, D. O., A. N. Plutnitskiy, and A. A. Chimbireva. "Suspension of the License for Implementation of Medical, Pharmaceutical Activity in Administrative (Extrajudicial) Procedure." Actual Problems of Russian Law, no. 7 (August 25, 2019): 35–38. http://dx.doi.org/10.17803/1994-1471.2019.104.7.035-038.
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The article is devoted to the consideration of the problems of administrative suspension of the license for medical and pharmaceutical activity. The article highlights that the law-maker has provided for the possibility of suspension of the license in administrative order if the activity of the licensee is suspended in general, as well as if there is a failure to comply with the order to eliminate an essential breach of the license under consideration. At the same time, the lack of by-laws and explicit instructions in the law concerning operation of such provisions in respect of licensees engaged in medical and pharmaceutical activities does not prevent application of mechanisms in question. The authors note that a wider application of the license suspension would be facilitated by the adoption of normative legal acts regulating the procedure for the application of administrative measures in the health sector.
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Atal, Vidya, and Kameshwari Shankar. "Developers’ Incentives and Open-Source Software Licensing: GPL vs BSD." B.E. Journal of Economic Analysis & Policy 15, no. 3 (July 1, 2015): 1381–416. http://dx.doi.org/10.1515/bejeap-2014-0007.
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Abstract One of the puzzling aspects of open-source software (OSS) development is its public good nature. Individual developers contribute to developing the software, but do not hold the copyright to appropriate its value. This raises questions regarding motives behind such effort. We provide an integrated model of developers’ incentives to describe OSS development and compare restrictive OSS licenses that force all modifications to be kept open with non-restrictive OSS licenses that allow proprietary ownership of modified works. Different incentives govern effort provision at different stages of the software development process. We show that open-source licenses can provide socially valuable software when a proprietary license fails to do so. We also show that restrictive OSS licenses generate greater effort provision in the design stage of software development relative to non-restrictive licenses. Endogenizing licensing choice, we find that a project leader chooses a non-restrictive OSS license if reputational concerns drive developers’ incentives, a proprietary license when there is a large population of users in the market and a restrictive OSS license if user population is small but reputational benefit is high. Our results resonate well with empirical findings and suggest additional testable implications about the relationship between licensing and software project characteristics. Finally, we also find that the market under-provides restrictive OSS licenses relative to the efficient level, suggesting the need for subsidizing restrictive licenses in some cases.
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Vorozhevich, Arina S. "Compulsory licensing in favor of patentholders of dependent pharmaceutical inventions." Vestnik of Saint Petersburg University. Law 12, no. 1 (2021): 73–98. http://dx.doi.org/10.21638/spbu14.2021.105.
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The article analyzes the conditions for issuing a compulsory license in favor of the patent holders of dependent pharmaceutical inventions on the basis of Paragraph 2, Article 1362 of the Russian Civil Code. The criteria for the relevance of a dependent invention to important technical advancements with significant economic advantages are disclosed. An analysis of the emerging Russian court practice on the issuance of compulsory licenses in the pharmaceutical market, meanwhile, showed that Russian courts lack a clear understanding of when a patent holder can and cannot apply for a compulsory license. The author proves that compulsory licensing is an effective mechanism to prevent abuse of the right (first of all, to standard-essential patent) in the markets of complex innovations (IT, electronics and telecommunications). At the same time, its implementation on the pharmaceutical market can lead to negative consequences: discourage pharmaceutical companies to invest in the development of new drugs, register breakthrough drugs in Russia; reduce foreign investment in the pharmaceutical sector. In this case, the provision of compulsory licenses should be interpreted as an exceptional tool. The issuance of a compulsory license in favor of the owner of the dependent invention can be justified only if such an invention represents a genuine innovation, an important step in the development of pharmaceuticals. The licensee must offer the market a new drug with improved characteristics: increased therapeutic efficacy and (or) safety, which has no available alternatives.
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Bowblis, John R., and Austin C. Smith. "Occupational Licensing of Social Services and Nursing Home Quality: A Regression Discontinuity Approach." ILR Review 74, no. 1 (June 25, 2019): 199–223. http://dx.doi.org/10.1177/0019793919858332.
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Occupational licensing has grown dramatically in recent years, with more than 25% of the US workforce having a license as of 2008, up from 5% in 1950. Has licensing improved quality or is it simply rent-seeking behavior by incumbent workers? To estimate the impact of increased licensure of social workers in skilled nursing facilities (SNFs) on service quality, the authors exploit a federal staffing provision that requires SNFs of a certain size to employ licensed social workers. Using a regression discontinuity design, the authors find that qualified social worker staffing increases by approximately 10%. However, the overall increase in social services staffing is negligible because SNFs primarily meet this requirement in the lowest cost way—substituting qualified social workers for unlicensed social services staff. The authors find no evidence that the increase in licensure improves patient care quality, patient quality of life, or quality of social services provided.
Dissertations / Theses on the topic "Provisional License"
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Shumate, Michael David. "Effectiveness of the Provisional Teaching License Route in Virginia for Preparing Business and Information Technology and Marketing Education Teachers." Diss., Virginia Tech, 2021. http://hdl.handle.net/10919/104023.
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The goal of this research was to assess the Virginia three-year provisional teaching license preparation path for earning a teaching license with an endorsement in Business and Information Technology (BIT) and Marketing Education (MKED). The study examined BIT and MKED teacher preparedness as it relates to core teaching and program management competencies for CTE educators who enrolled and completed Virginia's three-year teacher provisional licensure route to determine the effectiveness of the routes themselves. The research studied how the participants teacher preparation path impacted teachers' preparedness and how the elements of the provisional path contributed to the teacher's confidence in teaching. The study had one main research question and two sub-questions. The first sub-question emerged into five themes. They include lack of support system, struggle to implement essential teaching competencies, struggle to implement essential program management competencies, taking coursework while teaching does not work, and slight improvement by third year, but still a struggle. The second sub-question emerged into three themes. They include the need for effective support system, need for increased funding for teacher pay and required college courses, and need for focused training on specific CTE competencies. Three key conclusions from the study were BIT and MKED teachers need specific preparation training focused on core CTE teaching and program management competencies prior to entering the classroom, need a student teaching and/or co-teaching experience prior to entering the classroom by themselves, and need effective and active mentoring as well as administrative feedback and support during the entire three-year provisional licensure process.Doctor of Philosophy
The study examined BIT and MKED teacher preparedness as it relates to core teaching and program management competencies for CTE educators who enrolled and completed Virginia's three-year teacher provisional licensure route to determine the effectiveness of the routes themselves. A qualitative research design was used for this study to determine the factors that affect the first year and third year provisionally licensed BIT and MKED teacher competency obtainment in the state of Virginia. A pre-survey of essential core teaching and program management competencies was given to create awareness of the interview topic to the interviewees. This survey was followed by an in-depth interview to gather rich data relating to the obtainment of core competencies. Three key conclusions from the study were BIT and MKED teachers need specific preparation training focused on core CTE teaching and program management competencies prior to entering the classroom, need a student teaching and/or co-teaching experience prior to entering the classroom by themselves, and need effective and active mentoring as well as administrative feedback and support during the entire three-year provisional licensure process. The results of the research may help improve the provisionally licensed teacher path route for prepare beginning BIT and MKED teachers in Virginia. The research will add to the literature by providing (1) information on how to improve provisional-teacher license preparation programs, (2) suggesting methods of training in these programs, and (3) showing the significance of beginning CTE teachers' professional relationships with administrators and mentor teachers. The results of the study could also assist school districts to better allocate resources and staff to effectively help provisionally licensed teachers.
Books on the topic "Provisional License"
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Hagge, Robert A. The traffic safety impact of provisional licensing. [Sacramento]: California Dept. of Motor Vehicles, Research and Development Section, 1988.
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Health, Washington (State) Dept of. Continuation of temporary dental hygiene license provision: Legislative report. Olympia, WA: Washington State Dept. of Health, 1996.
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Vorläufiger Rechtsschutz im atomrechtlichen Genehmigungsverfahren. Baden-Baden: Nomos, 1986.
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Commission, Australia Law Reform. Customs and excise: Administration provisions. Sydney, N.S.W: The Commission, 1989.
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Commission, Australia Law Reform. Customs and excise: Licensing provisions. [Sydney, N.S.W.]: The Commission, 1989.
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Florida. Legislature. House of Representatives. Committee on Aging and Human Services. Sunset review report of Chapter 402, Florida Statutes: Child care provisions. [Tallahassee]: House Committee on Aging and Human Services, 1992.
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Commission, Australia Law Reform. Customs and excise: Draft offshore provisions. Sydney, N.S.W: The Commission, 1989.
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Berg, Trude M. Rettighetstap: Når rett til å inneha stilling eller utøve virksomhet tapes som følge av en straffbar handling. Oslo: Cappelen akademisk forlag, 1999.
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Carvalho, Paula de. A violação da licença e o esgotamento do direito de marca. Coimbra: Coimbra Editora, 2011.
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Christie, Nicola. Evaluation of a 'Learning to drive' leaflet: Distributed to all provisional licence applicants via DVLC. Crowthorne, Berks: Transport and Road Research Laboratory, Safety and Transportation Dept., Road Safety Division, 1988.
Find full textBook chapters on the topic "Provisional License"
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Lloyd, Ian J. "24. Contractual issues." In Information Technology Law, 425–66. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198830559.003.0024.
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Any product can have defects – or at least fail to meet the expectations of a purchaser. A range of statutory provisions confer rights on a party acquiring goods if these are not of satisfactory quality. Software and what is referred to as “digital content” is covered by these provisions although their application gives rise to a number of difficulties. Unlike most physical products where defects will be found in one or a small number of the items, every digital work will be an exact copy of the original. If one product is considered faulty, the same fate may await all of the others. In most instances software is licenced rather than sold. It is commonplace for a licence to seek to restrict or exclude liabilities that might otherwise arise. The question may then be whether the terms of the licence are enforceable. In many instances they may be brought to the customer’s attention after the contract for supply has been concluded. The use of “click-wrap” licences where a user has to click on a box indication acceptance of contractual terms prior to using the software may assist but questions of time will again be very significant.
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Vig, Shinu, and Teena Bagga. "Compulsory Licensing of Patents in India." In Advances in Healthcare Information Systems and Administration, 124–34. IGI Global, 2017. http://dx.doi.org/10.4018/978-1-5225-2414-4.ch008.
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Compulsory licensing is defined generally as the granting of a license by a government to use a patent without the patent-holder's permission. As applied to international intellectual property rights, it allows governments to grant licenses for patent use in situations where the patent-holder is either not using the patent within the country or is not using it adequately. Most of the drugs for which compulsory licenses have been granted in India are used for treatment of life-threatening diseases. The pharmaceutical companies however object on the ground of violation of their patent rights. This chapter discusses the provisions for compulsory licensing in TRIPs and the India patent system.
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Tilmann, Winfried. "Article 8 Licences of right." In Unified Patent Protection in Europe: A Commentary. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198755463.003.0011.
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Art 43 CPC contained a comprehensive provision on licences of right comprising six paragraphs. These paragraphs provided for a reduction in renewal fees (para 1), withdrawal of the statement on licensing (para 2), exclusion of the statement on licensing if an exclusive licence was recorded in the Register or a request for recording such licence was filed with the Register (para 3), entitlement to use (para 4), determination and modification by the EPO, and non-recording of an exclusive licence (para 5) as long as the statement is valid (para 6).
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Mysoor, Poorna. "Policy-based Implied Bare Licences." In Implied Licences in Copyright Law, 196–230. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198858195.003.0009.
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This chapter addresses policy-based implied bare licences. Unlike in the previous chapter, there is no contract in existence and no voluntariness on the part of the copyright owner, and indeed in some cases, no prior relationship between the parties. Historically, English common law has recognised an open-ended power of the courts to restrict or prevent copyright enforcement in the public interest, which has been acknowledged under section 171(3) of the UK Copyright, Designs, and Patents Act 1988. The chapter considers how a successful invocation of this provision implies a bare licence to achieve policy goals. Although there is no statutory equivalent of this provision in other common law jurisdictions considered here, the chapter explores if the power has nevertheless been exercised by the courts based on their inherent powers. Since policy-based implied bare licences produce the same effect on copyright owners as the statutory limitations or exceptions, the framework for implying this type of licence draws inspiration from the three-step test and the fundamental rights regime.
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Beckingham, David. "The reformed licensing system: Slum clearance and social reform." In The Licensed City. Liverpool University Press, 2018. http://dx.doi.org/10.5949/liverpool/9781781383438.003.0007.
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This chapter situates licensing against the broader politics of urban reform in Liverpool. It begins by profiling the work of the Corporation in reforms to slum housing and the attempts by the licensing magistrates to reduce the numbers of pubs in these areas. Drink maps formed an important part of this work, helping the magistrates to identify areas that looked over-provisioned. It then turns to investigations of this Liverpool system that were written by magistrates from Glasgow and Dundee in order to assess the status of Liverpool as a pro-active and exemplary model of reform of and by licensing.
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Grubb, Philip W., Peter R. Thomsen, Tom Hoxie, and Gordon Wright. "Patents and Competition Law—United Kingdom and European Union." In Patents for Chemicals, Pharmaceuticals, and Biotechnology. Oxford University Press, 2016. http://dx.doi.org/10.1093/oso/9780199684731.003.0029.
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This chapter focuses on competition law in the UK and EU. Most countries, as well as the EU, have developed a body of competition law to provide countermeasures against what are regarded as abuses of monopoly by patentees. Abuse of monopoly is the use of a patent simply to exclude others, while not working the invention oneself. Provisions of the Paris Convention enable compulsory licences to be granted if the patent is not worked within a certain time. In the UK, they may also be granted if the patentee is preventing the working of a dependent patent by refusing to grant a licence. In the EU, competition law for the internal common market is within the exclusive competence of EU institutions; the national governments of member states only assist these institutions when it comes to implementation of the legislation. The remainder of the chapter explains EU patent licence agreements.
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Mysoor, Poorna. "Bases for Copyright Licences to be Implied." In Implied Licences in Copyright Law, 29–44. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198858195.003.0003.
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This chapter discusses the bases on which copyright licences can be implied. It begins by looking at analogies in other areas of private law dealing with implication. The most elaborate doctrine of implication are the rules of implication of a term into a contract—implied in fact, implied by custom, and implied by law. These are known to private law as sources of private and public ordering, which apply as much to the actions of persons vis-à-vis other persons (such as entering into a contract), as they do to the actions of persons vis-à-vis persons in relation to property (such as granting a licence). It follows that these also form the basis on which express copyright licences arise. The bases for implying copyright licences must be the same as the bases for express copyright licences to arise, because the courts cannot do by way of implication what they could not have done if there was an express provision. This way, the exercise of the discretion that the courts have in implying copyright licences is made more transparent and predictable, fostering legitimacy and coherence in the process. Accordingly, the bases for implying copyright licences are: the consent of the copyright owner (consent-based); an established usage in a trade or an industry (custom-based); and state intervention to achieve policy objectives (policy-based).
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Whish, Richard, and David Bailey. "19. The relationship between intellectual property rights and competition law." In Competition Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/law-ocl/9780198779063.003.0019.
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This chapter considers the relationship between intellectual property rights and competition law. After a brief introduction, it deals in general terms with the application of Article 101 to licences of intellectual property rights. The chapter proceeds to discuss the provisions of Regulation 316/2014, the block exemption for technology transfer agreements. It also considers the application of Article 101 to various other agreements concerning intellectual property rights such as technology pools and settlements of litigation. This is followed by a section on the application of Article 102 to the way in which dominant undertakings exercise their intellectual property rights, including an examination of the controversial subject of refusals to license intellectual property rights which are sometimes found to be abusive. The chapter concludes with a look at the position in UK competition law.
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Whish, Richard, and David Bailey. "19. The relationship between intellectual property rights and competition law." In Competition Law, 807–51. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198836322.003.0019.
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This chapter considers the relationship between intellectual property rights and competition law. After a brief introduction, it deals in general terms with the application of Article 101 to licences of intellectual property rights. The chapter proceeds to discuss the provisions of Regulation 316/2014, the block exemption for technology transfer agreements. It also considers the application of Article 101 to various other agreements concerning intellectual property rights such as technology pools and settlements of litigation. This is followed by a section on the application of Article 102 to the way in which dominant undertakings exercise their intellectual property rights, including an examination of the controversial subject of refusals to license intellectual property rights which are sometimes found to be abusive. The chapter concludes with a look at the position in UK competition law.
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"The NCHE and the Provisionally Licensed Private Universities." In The National Council for Higher Education and the Growth of the University Sub-sector in Uganda, 2002-2012, 159–74. CODESRIA, 2016. http://dx.doi.org/10.2307/j.ctvh8r20f.22.
Full textConference papers on the topic "Provisional License"
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Miranda, Samuel. "The Backfit Rule’s Compliance Exception." In 2018 26th International Conference on Nuclear Engineering. American Society of Mechanical Engineers, 2018. http://dx.doi.org/10.1115/icone26-81905.
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The Backfit Rule, 10 CFR §50.109, requires the NRC staff to produce cost-benefit evaluations to justify any changes it may make in its positions, or any new requirements it might impose on licensees, for the purpose of enhancing plant safety. The Backfit Rule also allows the NRC staff to forgo cost-benefit evaluations when it identifies errors or omissions in licensing submittals, or in its own reviews of licensing submittals. In such cases, there is no safety enhancement to be realized. Instead, the NRC staff seeks to obtain reasonable assurance that the level of safety, required by regulations, and licensees’ commitments, is maintained or, if necessary, restored. This provision in the Backfit Rule, called the “Compliance Exception”, has been proven to be very difficult to apply. In 1998 and in 2001 two licensees had argued, in License Amendment Requests (LARs) that their pressurizer safety valves (PSVs) were qualified for water relief duty. Consequently, their PSVs were safety grade components that could be assumed to be available, in licensing basis accident analyses, to open, relieve water, and then reseat. This capability was thought to be required in order to mitigate certain accidents that caused the pressurizer to become water-solid. The 1998 LAR was withdrawn when the licensee was informed that its PSV test results did not demonstrate a capability to relieve water. However, the 2001 LAR was approved, based upon the licensee’s claim that it had acceptable PSV test results. Later, in 2013, the NRC staff realized that the PSV tests, cited in the 2001 application, did not actually exist. So, after careful consideration, over a two-year period, the NRC staff issued a compliance-based backfit order to the licensee. The licensee appealed the order, and the NRC staff denied the appeal. Then the licensee filed a second appeal, this time directly with the NRC’s Executive Director of Operations (EDO). (Such appeals are allowed by the Backfit Rule.) The EDO granted this appeal. So, the compliance-based backfit order, which was intended to address the missing PSV test results, was ultimately overturned. The PSV test results are still missing; but the licensee now has the NRC’s approval to assume the operation of water-qualified PSVs in its licensing basis accident analyses. This paper follows the writing, issuance, and appeal of this compliance-based backfit order, and describes how difficult it is to apply the Compliance Exception of the Backfit Rule.
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Scarbrough, Thomas G. "Expectations for Inservice Testing Programs at New Nuclear Power Plants." In ASME/NRC 2017 13th Pump and Valve Symposium. American Society of Mechanical Engineers, 2017. http://dx.doi.org/10.1115/pvs2017-3535.
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In a series of Commission papers, the U.S. Nuclear Regulatory Commission (NRC) described its policy for inservice testing (IST) programs to be developed and implemented at nuclear power plants licensed under 10 CFR Part 52. This paper discusses the expectations for IST programs based on those Commission policy papers as applied in the NRC staff review of combined license (COL) applications for new reactors. For example, the design and qualification of pumps, valves, and dynamic restraints through implementation of American Society of Mechanical Engineers (ASME) Standard QME-1-2007, “Qualification of Active Mechanical Equipment Used in Nuclear Power Plants,” as accepted in NRC Regulatory Guide (RG) 1.100 (Revision 3), “Seismic Qualification of Electrical and Active Mechanical Equipment and Functional Qualification of Active Mechanical Equipment for Nuclear Power Plants,” will enable IST activities to assess the operational readiness of those components to perform their intended functions. ASME has updated the Operation and Maintenance of Nuclear Power Plants (OM Code) to improve the IST provisions for pumps, valves, and dynamic restraints that are incorporated by reference in the NRC regulations with applicable conditions. In addition, lessons learned from performance experience and testing of motor-operated valves (MOVs) will be implemented as part of the IST programs together with application of those lessons learned to other power-operated valves (POVs). Licensee programs for the Regulatory Treatment of Non-Safety Systems (RTNSS) will be implemented for components in active nonsafety-related systems that are the first line of defense in new reactors that rely on passive systems to provide reactor core and containment cooling in the event of a plant transient. This paper also discusses the overlapping testing provisions specified in ASME Standard QME-1-2007; plant-specific inspections, tests, analyses, and acceptance criteria; the applicable ASME OM Code as incorporated by reference in the NRC regulations; specific license conditions; and Initial Test Programs as described in the final safety analysis report and applicable RGs. Paper published with permission.
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Ernst, Thomas, Markus Fritschi, and Stratis Vomvoris. "Stepwise Site Selection in Switzerland: Sectoral Plan Status and Outlook." In ASME 2010 13th International Conference on Environmental Remediation and Radioactive Waste Management. ASMEDC, 2010. http://dx.doi.org/10.1115/icem2010-40150.
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The stepwise site selection process in Switzerland is governed by the Sectoral Plan. It is divided in three stages, narrowing down the number of potential siting regions (Stage 1) to at least two sites for each of the two geological repositories, the low and intermediate-level waste site (LLW) and the high-level waste site (HLW), in Stage 2, leading to the final selection of a site for each repository (Stage 3) for the application of a general license. In October 2008, Nagra proposed a total of 6 siting regions for the LLW repository and three for the HLW repository; the latter would also be suitable for shared use with the surface facilities and part of the access tunnels for the two types of repositories. The review of Nagra’s proposals by the safety authority (ENSI — the Swiss Federal Nuclear Safety Inspectorate) and its supporting commission was completed in February 2010. ENSI found Nagra’s analysis justified comprehensive and transparent and approved the six proposed regions. A similar overall conclusion was reached by KNS, the Swiss Commission for Nuclear Safety. The decision-making process continues in 2010 with an evaluation of the review and recommendations of ENSI by the various agencies at the governmental, cantonal and local level, an open public consultation and finally, a resolution of the comments received by the Swiss Federal Office of Energy (SFOE). Stage 1 will be concluded in 2011 with the decision by the Swiss Federal Government. Stage 2 foresees a provisional safety analysis for each potential site as an additional criterion to be used in the narrowing down to two sites for each type of waste repository. The guidelines for this have been recently published by ENSI. The main findings of the review by the authorities, the next steps and preparatory activities for the initiation of Stage 2, as well as how the criteria and guidelines specified by ENSI will be applied by Nagra in order to meet the requirements for a successful completion of Stage 2 are described below.
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Creemers, Joris, Gilles Hermans, Virginie Schrayen, Frederik Van Wonterghem, An Wertelaers, and Manfred Schrauben. "Belgian Regulatory Framework for Decontamination and Decommissioning: Lessons Learned and New Initiatives." In ASME 2013 15th International Conference on Environmental Remediation and Radioactive Waste Management. American Society of Mechanical Engineers, 2013. http://dx.doi.org/10.1115/icem2013-96305.
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Belgium can rely on significant experience in the field of decontamination and decommissioning of nuclear facilities. Several projects are ongoing and include research reactors (BR3, Thetis), uranium and MOX fuel fabrication plants (FBFC International, Belgonucleaire), fuel reprocessing facilities (Eurochemic) and radwaste processing facilities (Belgoprocess). Additional projects are expected in the coming years with the planned final shutdown of the oldest nuclear power reactor units. Two national authorities are involved in the decontamination and decommissioning process of nuclear facilities. The FANC (together with its subsidiary Bel V) is concerned for all matters related to nuclear safety and radiation protection, while NIRAS/ONDRAF is concerned for all matters related to radioactive waste and fuel management and financial provisions. These attributions ensure that all safety and material concerns are addressed and that both the licensees and the national authorities bear their own responsibilities. They rely on an existing regulatory framework covering both the procedural and the technical aspects of the decontamination and decommissioning activities. However, opportunities for regulatory improvement were raised after some recent events in Belgium, among which the bankruptcy of a nuclear company producing radioisotopes, involving numerous additional interested parties in a complex judiciary context. Amendments in the current regulations are considered to increase the prerogatives of the authorities regarding the management of radioactive waste by a licensee, the transfer of an operating license from an operator to another, and the general decommissioning strategy of a facility. Furthermore, a dedicated “waste and decommissioning” working group within WENRA defined new reference levels applying to the decontamination and decommissioning of nuclear facilities. Belgium committed to include these requirements explicitly in its national legislation, even though most of them were already included in the existing decommissioning authorizations. Amendments will cover the safety provisions inherent to the decontamination and decommissioning phase, such as the decommissioning strategy, the qualification of techniques, the experience feedback valorization, the periodic safety reviews, the radioactive waste management, or the final characterization of the sites. Additionally, requirements regarding the authorization process will be detailed, such as the content of the licensee’s application file or the structure of the safety report covering the decontamination and decommissioning phase. These changes will contribute to a more secure regulatory framework for all interested parties.
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Lippy, Ronald C. "Inservice Testing Program Improvements for New Reactors Small Modular Reactors (SMRs)." In ASME 2014 Small Modular Reactors Symposium. American Society of Mechanical Engineers, 2014. http://dx.doi.org/10.1115/smr2014-3344.
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The nuclear industry is preparing for the licensing and construction of new nuclear power plants in the United States. Several new designs have been developed and approved, including the “traditional” reactor designs, the passive safe shutdown designs and the small modular reactors (SMRs). The American Society of Mechanical Engineers (ASME) provides specific Codes used to perform preservice inspection/testing and inservice inspection/testing for many of the components used in the new reactor designs. The U.S. Nuclear Regulatory Commission (NRC) reviews information provided by applicants related to inservice testing (IST) programs for Design Certifications and Combined Licenses (COLs) under Part 52, “Licenses, Certifications, and Approvals for Nuclear Power Plants,” in Title 10 of the Code of Federal Regulations (10 CFR Part 52) (Reference 1). The 2012 Edition of the ASME OM Code defines a post-2000 plant as a nuclear power plant that was issued (or will be issued) its construction permit, or combined license for construction and operation, by the applicable regulatory authority on or following January 1, 2000. The New Reactors OM Code (NROMC) Task Group (TG) of the ASME Code for Operation and Maintenance of Nuclear Power Plants (NROMC TG) is assigned the task of ensuring that the preservice testing (PST) and IST provisions in the ASME OM Code to address pumps, valves, and dynamic restraints (snubbers) in post-2000 nuclear power plants are adequate to provide reasonable assurance that the components will operate as needed when called upon. Currently, the NROMC TG is preparing proposed guidance for the treatment of active pumps, valves, and dynamic restraints with high safety significance in non-safety systems in passive post-2000 reactors including SMRs.
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Lippy, Ronald. "Inservice Testing Program Improvements for New Reactors: Small Modular Reactors." In ASME/NRC 2014 12th Valves, Pumps, and Inservice Testing Symposium. American Society of Mechanical Engineers, 2014. http://dx.doi.org/10.1115/nrc2014-5032.
Full textAbstract:
The nuclear industry is preparing for the licensing and construction of new nuclear power plants in the United States. Several new designs have been developed, including more traditional evolutionary designs, passive reactor designs, and small modular reactors (SMRs). ASME (formerly the American Society of Mechanical Engineers) provides specific codes used to perform inspections and testing, both preservice and inservice, for many of the components used in the new reactor designs. The U.S. Nuclear Regulatory Commission (NRC) reviews information provided by applicants related to inservice testing (IST) programs for design certification (DC) and combined license (COL) applications under Part 52, “Licenses, Certifications, and Approvals for Nuclear Power Plants,” of Title 10, “Energy,” of the Code of Federal Regulations (10 CFR Part 52) (Reference 1). The 2012 Edition of the ASME OM Code, Operation and Maintenance of Nuclear Power Plants, defines a post-2000 plant as a nuclear power plant that was issued (or will be issued) its construction permit, or combined license for construction and operation, by the applicable regulatory authority on or after January 1, 2000. The ASME New Reactors OM Code (NROMC) Task Group (TG) is assigned the task of ensuring that the preservice testing (PST) and inservice testing (IST) provisions in the ASME OM Code are adequate to provide reasonable assurance that pumps, valves, and dynamic restraints (snubbers) for post-2000 plants will operate when needed. Currently, the NROMC TG is preparing proposed guidance for the treatment of active pumps, valves, and dynamic restraints with high safety significance in nonsafety systems for passive post-2000 plants, including SMRs. (Note: For purposes of this paper, “post-2000 plant” and “new reactor” are used interchangeably throughout.) Paper published with permission.
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Basavaraju, Chakrapani, Kamal A. Manoly, Martin C. Murphy, and William T. Jessup. "BWR Steam Dryer Issues and Lessons Learned Related to Flow Induced Vibration." In ASME 2013 Pressure Vessels and Piping Conference. American Society of Mechanical Engineers, 2013. http://dx.doi.org/10.1115/pvp2013-97218.
Full textAbstract:
Steam dryers in Boiling Water Reactors, located in the upper steam dome of the reactor pressure vessel, are not pressure retaining components and are not designed and constructed to the provisions of Section III of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code. As such, these components do not correspond to any specific safety class referenced in the Code. Although the steam dryers in BWRs perform no safety function, they must maintain the structural integrity in order to avoid the generation of loose parts that may adversely impact the capability of other plant equipment to perform their safety functions. Therefore guidance from Section III of the ASME Code is utilized in the design and fabrication of replacement dryers as well as for design modifications of the existing dryers for extended power uprates. The majority of licensees of operating nuclear plants are applying for EPU, which generally increases the thermal power output to 20% above the original licensed thermal power. Nuclear power plant components such as steam dryers can be subjected to strong fluctuating loads and can experience unexpected high cycle fatigue due to adverse flow effects while operating at EPU conditions. However, there are some unique challenges related to steam dryer operation at EPU conditions requiring special considerations to prevent fatigue damage from the effects of flow induced vibration. This paper examines the issues and lessons learned related to FIV considerations during EPU reviews of BWR steam dryers.
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Karniawati, Nia, Samugyo Ibnu Redjo, Utang Suwaryo, and Rahman Mulyawan. "The Role of Leadership in E-Government Licence Provision at Local Government in West Java." In Proceedings of the International Conference on Business, Economic, Social Science and Humanities (ICOBEST 2018). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/icobest-18.2018.84.
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Lippy, Ronald. "OM Code Activities for New Reactors." In ASME/NRC 2014 12th Valves, Pumps, and Inservice Testing Symposium. American Society of Mechanical Engineers, 2014. http://dx.doi.org/10.1115/nrc2014-5012.
Full textAbstract:
The ASME (formerly the American Society of Mechanical Engineers) code titled Operation and Maintenance of Nuclear Power Plants (OM Code), Division 1, “Section IST: Rules for Inservice Testing of Light-Water Reactor Power Plants,” defines a post-2000 plant as a nuclear power plant that was issued (or will be issued) its construction permit or its combined license for construction and operation by the applicable regulatory authority on or after January 1, 2000. The New Reactors OM Code (NROMC) Task Group (TG) of the ASME OM Code Committee is assigned the task of ensuring that the preservice testing (PST) and inservice testing (IST) provisions in the ASME OM Code are adequate to provide reasonable assurance that pumps, valves, and dynamic restraints (snubbers) for post-2000 plants will operate when needed. The NROMC TG has prepared updated guidance for pumps and pyrotechnically operated (squib) valves in new reactors that has been incorporated in the ASME OM Code. Currently, the NROMC TG is preparing proposed guidance for surveillance of safety-significant pumps, valves, and dynamic restraints in nonsafety systems at post-2000 plants that employ passive safety-related post-accident heat-removal systems (referred to as passive post-2000 reactors). The NROMC TG is also evaluating pump and valve surveillance provisions that would ensure that safety-significant components in small modular reactor (SMR) designs are verified to be operationally ready while providing flexibility to accommodate potentially extended refueling cycles associated with these post-2000 plants. There are several other changes and evaluations being performed by the NROMC TG to provide reasonable assurance of the operational readiness of safety-significant pumps, valves, and dynamic restraints while still weighing the cost-effectiveness of the requirements. The NROMC TG also considers risk insights in its evaluation of PST and IST provisions for post-2000 plants. This paper discusses the NROMC TG activities to develop the recent and planned improvements to the PST and IST provisions in the ASME OM Code to address pumps, valves, and dynamic restraints in new reactors. Paper published with permission.
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Janyk, Roën F., and Arielle R. Lomness. "Primary Rights and the Inequalities of E-Book Access." In Charleston Library Conference. Purdue Univeristy, 2020. http://dx.doi.org/10.5703/1288284317156.
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The e-book landscape is in a constant state of flux. More recent developments include new acquisition models, advances in platform usability and navigation, more lenient DRM provisions, and improvements to simultaneous user access licenses. However, what has not been addressed recently are the inequalities in e-book access for libraries across the world due to ‘primary rights.’ Territorial rights versus world rights is a licensing issue affecting libraries globally, and yet little is being done to address the inequalities of access. Join our discussion that will examine the ‘unavailable in your country’ message libraries often see alongside e-book purchase options, review documented inflation and deflation in e-book prices over time, and learn about the delayed or limited e-book offerings for global libraries. Explore how we can ensure equal access to electronic books for libraries across the globe. Hear perspectives from libraries inside and outside of the U.S., as well as publisher thoughts on the topic, including the continued drawbacks for library e-book access they believe will continue. Where do these discussions need to occur and who can we educate on the importance of including international access clauses in licenses or publishing agreements? Although this issue may not be widely known by librarians in the U.S., the exclusivity of electronic content based on the geographical location or status of a country is a sharp contrast to many of the inherent beliefs that are foundational to our profession.