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42 U.S.C. § 2236 — Revocation of licenses

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2236 — Revocation of licenses

**(a) False applications; failure of performance** Any license may be revoked for any material false statement in the application or any statement of fact required under [section 2232 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2232&num=0&edition=prelim), or because of conditions revealed by such application or statement of fact or any report, record, or inspection or other means which would warrant the Commission to refuse to grant a license on an original application, or for failure to construct or operate a facility in accordance with the terms of the construction permit or license or the technical specifications in the application, or for violation of, or failure to observe any of the terms and provisions of this chapter or of any regulation of the Commission. **(b) Procedure** The Commission shall follow the provisions of [section 558(c) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section558/c&num=0&edition=prelim) in revoking any license. **(c) Repossession of material** Upon revocation of the license, the Commission may immediately retake possession of all special nuclear material held by the licensee. In cases found by the Commission to be of extreme importance to the national defense and security or to the health and safety of the public, the Commission may recapture any special nuclear material held by the licensee or may enter upon and operate the facility prior to any of the procedures provided under subchapter II of chapter 5 and chapter 7 of title 5. Just compensation shall be paid for the use of the facility.

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Source file: Laws/federal/codes/united-states-code/title-42/section-2236-revocation-of-licenses--4b81875648.md
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Source location: Title 42, Chapter 23, § 2236; chapter-023-development-and-control-of-atomic-energy.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2232 — License applications

**(a) Contents and form** Each application for a license hereunder shall be in writing and shall specifically state such information as the Commission, by rule or regulation, may determine to be necessary to decide such of the technical and financial qualifications of the applicant, the character of the applicant, the citizenship of the applicant, or any other qualifications of the applicant as the Commission may deem appropriate for the license. In connection with applications for licenses to operate production or utilization facilities, the applicant shall state such technical specifications, including information of the amount, kind, and source of special nuclear material required, the place of the use, the specific characteristics of the facility, and such other information as the Commission may, by rule or regulation, deem necessary in order to enable it to find that the utilization or production of special nuclear material will be in accord with the common defense and security and will provide adequate protection to the health and safety of the public. Such technical specifications shall be a part of any license issued. The Commission may at any time after the filing of the original application, and before the expiration of the license, require further written statements in order to enable the Commission to determine whether the application should be granted or denied or whether a license should be modified or revoked. All applications and statements shall be signed by the applicant or licensee. Applications for, and statements made in connection with, licenses under sections 2133 and 2134 of this title shall be made under oath or affirmation. The Commission may require any other applications or statements to be made under oath or affirmation. **(b) Review of app

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2011 — Congressional declaration of policy

Atomic energy is capable of application for peaceful as well as military purposes. It is therefore declared to be the policy of the United States that— **(a)** the development, use, and control of atomic energy shall be directed so as to make the maximum contribution to the general welfare, subject at all times to the paramount objective of making the maximum contribution to the common defense and security; and **(b)** the development, use, and control of atomic energy shall be directed so as to promote world peace, improve the general welfare, increase the standard of living, and strengthen free competition in private enterprise.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2238 — Continued operation of facilities

Whenever the Commission finds that the public convenience and necessity or the production program of the Commission requires continued operation of a production facility or utilization facility the license for which has been revoked pursuant to [section 2236 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2236&num=0&edition=prelim), the Commission may, after consultation with the appropriate regulatory agency, State or Federal, having jurisdiction, order that possession be taken of and such facility be operated for such period of time as the public convenience and necessity or the production program of the Commission may, in the judgment of the Commission, require, or until a license for the operation of the facility shall become effective. Just compensation shall be paid for the use of the facility.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2282 — Civil penalties

**(a) Violations of licensing requirements** Any person who (1) violates any licensing or certification provision of section 2073, 2092, 2093, 2111, 2112, 2131, 2133, 2134, 2137, 2139, or 2297f of this title or any rule, regulation, or order issued thereunder, or any term, condition, or limitation of any license or certification issued thereunder, (2) violates any provision of [section 2077 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2077&num=0&edition=prelim), or (3) commits any violation for which a license may be revoked under [section 2236 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2236&num=0&edition=prelim), shall be subject to a civil penalty, to be imposed by the Commission, of not to exceed $100,000 for each such violation. If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty. The Commission shall have the power to compromise, mitigate, or remit such penalties. **(b) Notice** Whenever the Commission has reason to believe that a person has become subject to the imposition of a civil penalty under the provisions of this section, it shall notify such person in writing (1) setting forth the date, facts, and nature of each act or omission with which the person is charged, (2) specifically identifying the particular provision or provisions of the section, rule, regulation, order, or license involved in the violation, and (3) advising of each penalty which the Commission proposes to impose and its amount. Such written notice shall be sent by registered or certified mail by the Commission to the last known address of such person. The person so notified shall be granted

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2236 — Revocation of licenses

Page 5529 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2236 Commission shall ensure that the prescribed in- spections, tests, and analyses are performed and, prior to operation of the facility, shall find that the prescribed acceptance criteria are met. Any finding made under this subsection shall not re- quire a hearing except as provided in section 2239(a)(1)(B) of this title. (c) APPLICATION REVIEWS FOR PRODUCTION AND UTILIZATION FACILITIES OF AN EXISTING SITE.—In reviewing an application for an early site per- mit, construction permit, operating license, or combined construction permit and operating li- cense for a production facility or utilization fa- cility located at the site of a production facility or utilization facility licensed by the Commis- sion, the Commission shall, to the extent prac- ticable, use information that was part of the li- censing basis of the licensed production facility or utilization facility. (Aug. 1, 1946, ch. 724, title I, § 185, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 955; renumbered title I and amended Pub. L. 102–486, title IX, § 902(a)(8), title XXVIII, § 2801, Oct. 24, 1992, 106 Stat. 2944, 3120; Pub. L. 118–67, div. B, title V, § 505(c), July 9, 2024, 138 Stat. 1478.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b), was in the original ‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. AMENDMENTS 2024—Subsec. (c). Pub. L. 118–67 added subsec. (c). 1992—Pub. L. 102–486, § 2801, inserted ‘‘and op

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