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42 U.S.C. § 9116 — Antitrust review
Federal law — U.S. Code and appendices · legal_authorities
**(a) Review of applications by Attorney General** Whenever any application for issuance, transfer, or renewal of any license is received, the Administrator shall transmit promptly to the Attorney General a complete copy of such application. Within 90 days of the receipt of the application, the Attorney General shall conduct such antitrust review of the application as he deems appropriate, and submit to the Administrator any advice or recommendations he deems advisable to avoid any action upon such application by the Administrator which would create a situation inconsistent with the antitrust laws. If the Attorney General fails to file such views within the 90-day period, the Administrator shall proceed as if such views had been received. The Administrator shall not issue, transfer, or renew the license during the 90-day period, except upon written confirmation by the Attorney General that he does not intend to submit any further advice or recommendation on the application during such period.
**(b) Issuance of license as constituting no defense for antitrust violations** The issuance of a license under this chapter shall not be admissible in any way as a defense to any civil or criminal action for violation of the antitrust laws of the United States, nor shall it in any way modify or abridge any private right of action under such laws. Nothing in this section shall be construed to bar the Attorney General or the Federal Trade Commission from challenging any anticompetitive situation involved in the ownership, construction, or operation of an ocean thermal energy conversion facility or plantship.
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Stable record: federal_law:legal_authorities:record_usc_29e56b2061527e2846200e30
Source file: Laws/federal/codes/united-states-code/title-42/section-9116-antitrust-review--22595f0ae2.md
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Source location: Title 42, Chapter 99, § 9116; chapter-099-ocean-thermal-energy-conversion.md
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**(a) Review of applications by Attorney General** Whenever any application for issuance, transfer, or renewal of any license is received, the Administrator shall transmit promptly to the Attorney General a complete copy of such application. Within 90 days of the receipt of the application, the Attorney General shall conduct such antitrust review of the application as he deems appropriate, and submit to the Administrator any advice or recommendations he deems advisable to avoid any action upon such application by the Administrator which would create a situation inconsistent with the antitrust laws. If the Attorney General fails to file such views within the 90-day period, the Administrator shall proceed as if such views had been received. The Administrator shall not issue, transfer, or renew the license during the 90-day period, except upon written confirmation by the Attorney General that he does not intend to submit any further advice or recommendation on the application during such period.
**(b) Issuance of license as constituting no defense for antitrust violations** The issuance of a license under this chapter shall not be admissible in any way as a defense to any civil or criminal action for violation of the antitrust laws of the United States, nor shall it in any way modify or abridge any private right of action under such laws. Nothing in this section shall be construed to bar the Attorney General or the Federal Trade Commission from challenging any anticompetitive situation involved in the ownership, construction, or operation of an ocean thermal energy conversion facility or plantship.
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Federal law — U.S. Code and appendices · legal_authorities
If any provision of this chapter or any application thereof is held invalid, the validity of the remainder of the chapter, or any other application, shall not be affected thereby.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9101
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Federal law — U.S. Code and appendices · legal_authorities
Page 7681
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 9117
(2) The Administrator shall, upon request of a
State, designate such State as an ‘‘adjacent
coastal State’’ if he determines (A) that there is
a risk of damage to the coastal environment of
such State equal to or greater than the risk
posed to a State required to be designated as an
‘‘adjacent coastal State’’ by paragraph (1) of
this subsection or (B) that the thermal plume of
the proposed ocean thermal energy conversion
facility or plantship is likely to impinge on so
as to degrade the thermal gradient at possible
locations for ocean thermal energy conversion
facilities which could reasonably be expected to
be directly connected by electric transmission
cable or pipeline to such State. This paragraph
shall apply only with respect to requests made
by a State not later than the 14th day after the
date of publication of notice of application for a
proposed ocean thermal energy conversion facil-
ity in the Federal Register in accordance with
section 9112(d) of this title. The Administrator
shall make any designation required by this
paragraph not later than the 45th day after the
date he receives such a request from a State.
(b) State coastal zone management program
(1) Not later than 5 days after the designation
of an adjacent coastal State pursuant to this
section, the Administrator shall transmit a
complete copy of the application to the Gov-
ernor of such State. The Administrator shall not
issue a license without consultation with the
Governor of each adjacent coastal State which
has an approved coastal zone management pro-
gram in good standing pursuant to the Coastal
Zone Management Act of 1972 (16 U.S.C. 1451 et
seq.). If the Governor of such a State has not
transmitted his appr
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 9116
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