§ 50.22 Class 103 licenses; for commercial and industrial facilities.

(a) A class 103 license will be issued, to an applicant who qualifies, for any one or more of the following: To transfer or receive in interstate commerce, manufacture, produce, transfer, acquire, possess, or use a production or utilization facility for industrial or commercial purposes. (b) In the case of a production facility that is useful in the conduct of research and development activities of the types specified in section 31 of the Act, such facility is deemed to be for industrial or commercial purposes and a class 103 license is required if the facility is to be used so that more than 50 percent of the annual costs to the licensee of owning and operating the facility are devoted to the production of materials, products, or energy for sale or commercial distribution, or to the sale of services, other than research and development or education or training. (c) In the case of a utilization facility that is useful in the conduct of research and development activities of the types specified in section 31 of the Act, such facility is deemed to be for industrial or commercial purposes and a class 103 license is required if the facility is to be used so that: (1) more than 75 percent of the annual costs to the licensee of owning and operating the facility are devoted to the sale, other than for research and development or education and training, of nonenergy services, energy, or a combination of nonenergy services and energy; or (2) more than 50 percent of the annual costs to the licensee of owning and operating the facility are devoted to the sale of energy.