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42 U.S.C. § 2239 — Hearings and judicial review

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

42 U.S.C. § 2239 — Hearings and judicial review

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Source file: Laws/federal/codes/united-states-code/title-42/section-2239-hearings-and-judicial-review--9cd7da0d70.md
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Source location: Title 42, Chapter 23, § 2239; chapter-023-development-and-control-of-atomic-energy.md

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**(a)** (1) (A) In any proceeding under this chapter, for the granting, suspending, revoking, or amending of any license or construction permit, or application to transfer control, and in any proceeding for the issuance or modification of rules and regulations dealing with the activities of licensees, and in any proceeding for the payment of compensation, an award or royalties under sections 11 So in original. Probably should be “section”. 2183, 2187, 2236(c) or 2238 of this title, the Commission shall grant a hearing upon the request of any person whose interest may be affected by the proceeding, and shall admit any such person as a party to such proceeding. The Commission shall hold a hearing after thirty days’ notice and publication once in the Federal Register, on each application under section 2133 or 2134(b) of this title for a construction permit for a facility, and on any application under [section 2134(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2134/c&num=0&edition=prelim) for a construction permit for a testing facility. In cases where such a construction permit has been issued following the holding of such a hearing, the Commission may, in the absence of a request therefor by any person whose interest may be affected, issue an operating license or an amendment to a construction permit or an amendment to an operating license without a hearing, but upon thirty days’ notice and publication once in the Federal Register of its intent to do so. The Commission may dispense with such thirty days’ notice and publication with respect to any application for an amendment to a construction permit or an amendment to an operating license upon a determination by the Commission that the amendment involves no significant hazards consideration. (B) (i) Not less than 180 days before the date scheduled for initial loading of fuel into a plant by a licensee that has been issued a combined construction permit and operating license under [section 2235(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2235/b&num=0&edition=prelim), the Commission shall publish in the Federal Register notice of intended operation. That notice shall provide that any person whose interest may be affected by operation of the plant, may within 60 days request the Commission to hold a hearing on whether the facility as constructed complies, or on completion will comply, with the acceptance criteria of the license. (ii) A request for hearing under clause (i) shall show, prima facie, that one or more of the acceptance criteria in the combined license have not been, or will not be met, and the specific operational consequences of nonconformance that would be contrary to providing reasonable assurance of adequate protection of the public health and safety. (iii) After receiving a request for a hearing under clause (i), the Commission expeditiously shall either deny or grant the request. If the request is granted, the Commission shall determine, after considering petitioners’ prima facie showing and any answers thereto, whether during a period of interim operation, there will be reasonable assurance of adequate protection of the public health and safety. If the Commission determines that there is such reasonable assurance, it shall allow operation during an interim period under the combined license. (iv) The Commission, in its discretion, shall determine appropriate hearing procedures, whether informal or formal adjudicatory, for any hearing under clause (i), and shall state its reasons therefor. (v) The Commission shall, to the maximum possible extent, render a decision on issues raised by the hearing request within 180 days of the publication of the notice provided by clause (i) or the anticipated date for initial loading of fuel into the reactor, whichever is later. Commencement of operation under a combined license is not subject to subparagraph (A). (2) (A) The Commission may issue and make immediately effective any amendment to an operating license or any amendment to a combined construction and operating license, upon a determination by the Commission that such amendment involves no significant hazards consideration, notwithstanding the pendency before the Commission of a request for a hearing from any person. Such amendment may be issued and made immediately effective in advance of the holding and completion of any required hearing. In determining under this section whether such amendment involves no significant hazards consideration, the Commission shall consult with the State in which the facility involved is located. In all other respects such amendment shall meet the requirements of this chapter. (B) The Commission shall periodically (but not less frequently than once every thirty days) publish notice of any amendments issued, or proposed to be issued, as provided in subparagraph (A). Each such notice shall include all amendments issued, or proposed to be issued, since the date of publication of the last such periodic notice. Such notice shall, with respect to each amendment or proposed amendment (i) identify the facility involved; and (ii) provide a brief description of such amendment. Nothing in this subsection shall be construed to delay the effective date of any amendment. (C) The Commission shall, during the ninety-day period following the effective date of this paragraph, promulgate regulations establishing (i) standards for determining whether any amendment to an operating license or any amendment to a combined construction and operating license involves no significant hazards consideration; (ii) criteria for providing or, in emergency situations, dispensing with prior notice and reasonable opportunity for public comment on any such determination, which criteria shall take into account the exigency of the need for the amendment involved; and (iii) procedures for consultation on any such determination with the State in which the facility involved is located. **(b)** The following Commission actions shall be subject to judicial review in the manner prescribed in chapter 158 of title 28 and chapter 7 of title 5: (1) Any final order entered in any proceeding of the kind specified in subsection (a). (2) Any final order allowing or prohibiting a facility to begin operating under a combined construction and operating license. (3) Any final order establishing by regulation standards to govern the Department of Energy’s gaseous diffusion uranium enrichment plants, including any such facilities leased to a corporation established under the USEC Privatization Act [[42 U.S.C. 2297h](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2297h&num=0&edition=prelim) et seq.]. (4) Any final determination under [section 2297f(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2297f/c&num=0&edition=prelim) relating to whether the gaseous diffusion plants, including any such facilities leased to a corporation established under the USEC Privatization Act [[42 U.S.C. 2297h](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2297h&num=0&edition=prelim) et seq.], are in compliance with the Commission’s standards governing the gaseous diffusion plants and all applicable laws.

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

28 U.S.C. § 2342 — Jurisdiction of court of appeals

The court of appeals (other than the United States Court of Appeals for the Federal Circuit) has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of— (1) all final orders of the Federal Communication Commission made reviewable by [section 402(a) of title 47](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section402/a&num=0&edition=prelim); (2) all final orders of the Secretary of Agriculture made under chapters 9 and 20A of title 7, except orders issued under sections 210(e), 217a, and 499g(a) of title 7; (3) all rules, regulations, or final orders of— (A) the Secretary of Transportation issued pursuant to section 50501, 50502, 56101–56104, or 57109 of title 46 or pursuant to part B or C of subtitle IV, subchapter III of chapter 311, chapter 313, or chapter 315 of title 49; and (B) the Federal Maritime Commission issued pursuant to section 305,11 See References in Text note below. 41304, 41308, or 41309 or chapter 421 or 441 of title 46; (4) all final orders of the Atomic Energy Commission made reviewable by [section 2239 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2239&num=0&edition=prelim); (5) all rules, regulations, or final orders of the Surface Transportation Board made reviewable by [section 2321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2321&num=0&edition=prelim); (6) all final orders under section 812 of the Fair Housing Act; and (7) all final agency actions described in [section 20114(c) of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20114/c&num=0&edition=prelim). Jurisdiction is invoked by filing a petition as provided by [section 2344

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

42 U.S.C. § 2160a — Review of Nuclear Proliferation Assessment Statements

No court or regulatory body shall have any jurisdiction under any law to compel the performance of or to review the adequacy of the performance of any Nuclear Proliferation Assessment Statement, or any annexes thereto, called for in this Act or in the 1954 Act.

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

42 U.S.C. § 2235 — Construction permits and operating licenses

**(a)** All applicants for licenses to construct or modify production or utilization facilities shall, if the application is otherwise acceptable to the Commission, be initially granted a construction permit. The construction permit shall state the earliest and latest dates for the completion of the construction or modification. Unless the construction or modification of the facility is completed by the completion date, the construction permit shall expire, and all rights thereunder be forfeited, unless upon good cause shown, the Commission extends the completion date. Upon the completion of the construction or modification of the facility, upon the filing of any additional information needed to bring the original application up to date, and upon finding that the facility authorized has been constructed and will operate in conformity with the application as amended and in conformity with the provisions of this chapter and of the rules and regulations of the Commission, and in the absence of any good cause being shown to the Commission why the granting of a license would not be in accordance with the provisions of this chapter, the Commission shall thereupon issue a license to the applicant. For all other purposes of this chapter, a construction permit is deemed to be a “license”. **(b)** After holding a public hearing under [section 2239(a)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2239/a/1/A&num=0&edition=prelim), the Commission shall issue to the applicant a combined construction and operating license if the application contains sufficient information to support the issuance of a combined license and the Commission determines that there is reasonable assurance that the facility will be constructed and will operat

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

42 U.S.C. § 2297h — Definitions

Except as provided in [section 2297h–10a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2297h-10a&num=0&edition=prelim), for purposes of this subchapter: (1) The term “AVLIS” means atomic vapor laser isotope separation technology. (2) The term “Corporation” means the United States Enrichment Corporation and, unless the context otherwise requires, includes the private corporation and any successor thereto following privatization. (3) The term “gaseous diffusion plants” means the Paducah Gaseous Diffusion Plant at Paducah, Kentucky and the Portsmouth Gaseous Diffusion Plant at Piketon, Ohio. (4) The term “highly enriched uranium” means uranium enriched to 20 percent or more of the uranium-235 isotope. (5) The term “low-enriched uranium” means uranium enriched to less than 20 percent of the uranium-235 isotope, including that which is derived from highly enriched uranium. (6) The term “low-level radioactive waste” has the meaning given such term in [section 2021b(9) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2021b/9&num=0&edition=prelim). (7) The term “private corporation” means the corporation established under [section 2297h–3 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2297h-3&num=0&edition=prelim). (8) The term “privatization” means the transfer of ownership of the Corporation to private investors. (9) The term “privatization date” means the date on which 100 percent of the ownership of the Corporation has been transferred to private investors. (10) The term “public offering” means an underwritten offering to the public of the common stock of the private corporation pursuant to [section 2297h–2 of this title](https://uscod

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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. § 10167 — Licensing of facility expansions and transshipments

**(a) Oral argument** In any Commission hearing under section 189 of the Atomic Energy Act of 1954 ([42 U.S.C. 2239](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2239&num=0&edition=prelim)) on an application for a license, or for an amendment to an existing license, filed after January 7, 1983, to expand the spent nuclear fuel storage capacity at the site of a civilian nuclear power reactor, through the use of high-density fuel storage racks, fuel rod compaction, the transshipment of spent nuclear fuel to another civilian nuclear power reactor within the same utility system, the construction of additional spent nuclear fuel pool capacity or dry storage capacity, or by other means, the Commission shall, at the request of any party, provide an opportunity for oral argument with respect to any matter which the Commission determines to be in controversy among the parties. The oral argument shall be preceded by such discovery procedures as the rules of the Commission shall provide. The Commission shall require each party, including the Commission staff, to submit in written form, at the time of the oral argument, a summary of the facts, data, and arguments upon which such party proposes to rely that are known at such time to such party. Only facts and data in the form of sworn testimony or written submission may be relied upon by the parties during oral argument. Of the materials that may be submitted by the parties during oral argument, the Commission shall only consider those facts and data that are submitted in the form of sworn testimony or written submission. **(b) Adjudicatory hearing** (1) At the conclusion of any oral argument under subsection (a), the Commission shall designate any disputed question of fact, together with any remaini

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

42 U.S.C. § 5815 — Abolition and transfers

**(a) Abolition of Atomic Energy Commission** The Atomic Energy Commission is hereby abolished. Sections 2031 and 2032 of this title are repealed. **(b) Transfer or lapse of functions of Atomic Energy Commission** All other functions of the Commission, the Chairman and members of the Commission, and the officers and components of the Commission are hereby transferred or allowed to lapse pursuant to the provisions of this chapter. **(c) Functions of Atomic Energy Commission transferred to Administrator** There are hereby transferred to and vested in the Administrator all functions of the Atomic Energy Commission, the Chairman and members of the Commission, and the officers and components of the Commission, except as otherwise provided in this chapter. **(d) Transfer of General Advisory Committee, Patent Compensation Board, and Divisions of Military Application and Naval Reactors to Administration** The General Advisory Committee established pursuant to section 2036 11 See References in Text note below. of this title, the Patent Compensation Board established pursuant to [section 2187 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2187&num=0&edition=prelim), and the Divisions of Military Application and Naval Reactors established pursuant to [section 2035 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2035&num=0&edition=prelim), are transferred to the Energy Research and Development Administration and the functions of the Commission with respect thereto, and with respect to relations with the Military Liaison Committee established by section 2037 1 of this title, are transferred to the Administrator. **(e) Transfer to Administrator of certain functions of Secretary of the Interior

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

42 U.S.C. § 2239 — Hearings and judicial review

Page 5530 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2237 1 So in original. Probably should be ‘‘section’’. 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 in revoking any license. (c) Repossession of material Upon revocation of the license, the Commis- sion 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 pro- cedures provided under subchapter II of chapter 5 and chapter 7 of title 5. Just compensation shall be paid for the use of the facility. (Aug. 1, 1946, ch. 724, title I, § 186, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 955; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), 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 clas- sified principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. CODIFICATION In subsecs. (b) and (c), ‘‘section 558(c) of title 5’’ and ‘‘subchapter II of chapter 5 and chapter 7 of title 5’’ substituted for ‘‘section 9(b) of the Administrative Pro- cedure Act [5 U.S.C. 1008(b)]’’ and ‘‘the Administration Procedure A

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

42 U.S.C. § 2297h — Definitions

Page 5568 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2297g–4 CODIFICATION In text, ‘‘sections 3141–3144, 3146, and 3147 of title 40’’ substituted for ‘‘the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a et seq.)’’ and ‘‘section 3145 of title 40’’ substituted for ‘‘the Act of June 13, 1934 (40 U.S.C. 276c)’’, on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. § 2297g–4. Reports to Congress Within 3 years after October 24, 1992, and at least once every 3 years thereafter, the Sec- retary shall report to the Congress on progress under this subchapter. The 5th report submitted under this section shall contain recommenda- tions of the Secretary for the reauthorization of the program and Fund under this division. (Aug. 1, 1946, ch. 724, title II, § 1805, as added Pub. L. 102–486, title XI, § 1101, Oct. 24, 1992, 106 Stat. 2955.) Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under this section is listed in item 7 on page 83), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. SUBCHAPTER VIII—UNITED STATES EN- RICHMENT CORPORATION PRIVATIZA- TION § 2297h. Definitions Except as provided in section 2297h–10a of this title, for purposes of this subchapter: (1) The term ‘‘AVLIS’’ means atomic vapor laser isotope separation technology. (2) The term ‘‘Corporation’’ means the United States Enrichment Corporation and,

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