Browse Arkansas Code titles and sections
42 U.S.C. § 2238 — Continued operation of facilities
Federal law — U.S. Code and appendices · legal_authorities
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the Commission requires continued operation of a production facility or utilization facility the license for which has been revoked pursuant to [section 2236 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2236&num=0&edition=prelim), the Commission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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2238
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 636e5880748bad31c2361fb6a9f5f66356653e2775c076f86b2d5531d73c29b7. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_c9fb99637cd4ea5c26730c7a
Source file: Laws/federal/codes/united-states-code/title-42/section-2238-continued-operation-of-facilities--40e5f6c3f6.md
Pages: Not recorded – Not recorded
Passage SHA-256: 0a63fd7ec8464d14966b41473ee6a6f51c8665a8f8711fd2b3c8e695c8448808
Source location: Title 42, Chapter 23, § 2238; chapter-023-development-and-control-of-atomic-energy.md
Stored source content
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the Commission requires continued operation of a production facility or utilization facility the license for which has been revoked pursuant to [section 2236 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2236&num=0&edition=prelim), the Commission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.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2236
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5815
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2238
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.