10 CFR §53.1434

1. (a)If the application for a COL under this part does not reference an early site permit which authorizes the holder to perform the activities under § 53.1130(b), the applicant may not perform those activities without obtaining the separate authorization required by § 53.1130(a). Authorization may be granted only after the presiding officer in a contested hearing on the application has made the findings and determination required by § 53.1130(b)(1)(iii), and the Director, Office of Nuclear Reactor Regulation makes the determination required by § 53.1130(b)(1)(ii).
2. (b)If, after an applicant has performed the activities permitted by a LWA issued under § 53.1130, the application for the COL is withdrawn or denied, then the applicant must implement the approved site redress plan.