42 U.S.C. § 2243 — Licensing of uranium enrichment facili-

Page 5534 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2243 the Atomic Safety and Licensing Board con- ducting such hearing, shall promptly notify the Commission of any information indicating that the terms and conditions of the temporary oper- ating license are not being met, or that such terms and conditions are not sufficient to com- ply with the provisions of paragraph (2) of sub- section (b). (d) Administrative remedies for minimization of need for license The Commission is authorized and directed to adopt such administrative remedies as the Com- mission deems appropriate to minimize the need for issuance of temporary operating licenses pursuant to this section. (e) Expiration of issuing authority The authority to issue new temporary oper- ating licenses under this section shall expire on December 31, 1983. (Aug. 1, 1946, ch. 724, title I, § 192, as added Pub. L. 92–307, June 2, 1972, 86 Stat. 191; amended Pub. L. 97–415, § 11, Jan. 4, 1983, 96 Stat. 2071; renum- bered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 103–437, § 15(f)(8), Nov. 2, 1994, 108 Stat. 4593.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b)(3), 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. AMENDMENTS 1994—Subsec. (b). Pub. L. 103–437 substituted ‘‘Natural Resources and on’’ for ‘‘Interior and Insular Affairs and’’. 1983—Subsec. (a). Pub. L. 97–415 substituted provi- sions setting forth procedures for petitioning for a tem- porary operating license in any proceeding upon an ap- plication for an operating license for a utilization facil- ity required to be licensed under section 2133 or 2134(b) of this title in which a hearing is otherwise required pursuant to section 2239(a) of this title, for provisions setting forth procedures for petitioning for a temporary operating license in any proceeding upon an applica- tion for an operating license for a nuclear power reac- tor in which a hearing is otherwise required pursuant to section 2239(a) of this title. Subsec. (b). Pub. L. 97–415 substituted provisions re- lating to requisite findings, effectiveness, terms and conditions, etc., with respect to petition for a tem- porary operating license for a utilization facility or amendment of the license to authorize temporary oper- ation at greater power levels than authorized in the initial temporary operating license, for provisions re- lating to requisite findings, terms and conditions, etc., with respect to petition for a temporary operating li- cense for a nuclear power reactor. Subsec. (c). Pub. L. 97–415 inserted provisions relating to notification requirements on any party to the hear- ing and any Board member, and substituted provisions relating to suspension of the temporary operating li- cense, for provisions relating to vacation of the tem- porary operating license. Subsec. (d). Pub. L. 97–415 substituted provisions re- lating to administrative remedies for minimization of need for temporary operating licenses for provisions setting forth expiration of authority under this section on Oct. 30, 1973. Subsec. (e). Pub. L. 97–415 added subsec. (e). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on En- ergy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and ex- changes and insurance generally transferred to Com- mittee on Financial Services of House of Representa- tives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. § 2243. Licensing of uranium enrichment facili- ties (a) Environmental impact statement (1) Major Federal action The issuance of a license under sections 2073 and 2093 of this title for the construction and operation of any uranium enrichment facility shall be considered a major Federal action sig- nificantly affecting the quality of the human environment for purposes of the National En- vironmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) Timing An environmental impact statement pre- pared under paragraph (1) shall be prepared be- fore the hearing on the issuance of a license for the construction and operation of a ura- nium enrichment facility is completed. (b) Adjudicatory hearing (1) In general The Commission shall conduct a single adju- dicatory hearing on the record with regard to the licensing of the construction and oper- ation of a uranium enrichment facility under sections 2073 and 2093 of this title. (2) Timing Such hearing shall be completed and a deci- sion issued before the issuance of a license for such construction and operation. (3) Single proceeding No further Commission licensing action shall be required to authorize operation. (c) Inspection and operation Prior to commencement of operation of a ura- nium enrichment facility licensed hereunder, the Commission shall verify through inspection that the facility has been constructed in accord- ance with the requirements of the license for construction and operation. The Commission shall publish notice of the inspection results in the Federal Register. (d) Insurance and decommissioning (1) The Commission shall require, as a condi- tion of the issuance of a license under sections 2073 and 2093 of this title for a uranium enrich- ment facility, that the licensee have and main- tain liability insurance of such type and in such amounts as the Commission judges appropriate to cover liability claims arising out of any oc- Page 5535 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2258 1 So in original. Probably should be ‘‘section’’. currence within the United States, causing, within or outside the United States, bodily in- jury, sickness, disease, or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of chemical compounds containing source or spe- cial nuclear material. (2) The Commission shall require, as a condi- tion for the issuance of a license under sections 2073 and 2093 of this title for a uranium enrich- ment facility, that the licensee provide adequate assurance of the availability of funds for the de- commissioning (including decontamination) of such facility using funding mechanisms that may include, but are not necessarily limited to, the following: (A) Prepayment (in the form of a trust, es- crow account, government fund, certificate of deposit, or deposit of government securities). (B) Surety (in the form of a surety or per- formance bond, letter of credit, or line of cred- it), insurance, or other guarantee (including parent company guarantee) method. (C) External sinking fund in which deposits are made at least annually. (e) No Price-Anderson coverage Section 2210 of this title shall not apply to any license under section 2073 or 2093 of this title for a uranium enrichment facility constructed after November 15, 1990. (f) Limitation No license or certificate of compliance may be issued to the United States Enrichment Cor- poration or its successor under this section or sections 1 2073, 2093, or 2297f of this title, if the Commission determines that— (1) the Corporation is owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government; or (2) the issuance of such a license or certifi- cate of compliance would be inimical to— (A) the common defense and security of the United States; or (B) the maintenance of a reliable and eco- nomical domestic source of enrichment serv- ices. (Aug. 1, 1946, ch. 724, title I, § 193, as added Pub. L. 101–575, § 5(e), Nov. 15, 1990, 104 Stat. 2835; re- numbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; amended Pub. L. 104–134, title III, § 3116(b)(2), Apr. 26, 1996, 110 Stat. 1321–349.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsec. (a)(1), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of this title and Tables. AMENDMENTS 1996—Subsec. (f). Pub. L. 104–134 added subsec. (f). Statutory Notes and Related Subsidiaries REFERENCES TO UNITED STATES ENRICHMENT CORPORATION References to the United States Enrichment Corpora- tion deemed, as of the privatization date (July 28, 1998), to be references to the private corporation, see section 3116(e) of Pub. L. 104–134, set out as a note under former section 2297 of this title. SUBCHAPTER XVI—JOINT COMMITTEE ON ATOMIC ENERGY §§ 2251 to 2257. Repealed. Aug. 1, 1946, ch. 724, title I, § 302(a), as added Pub. L. 95–110, § 1, Sept. 20, 1977, 91 Stat. 884; renumbered title I, Oct. 24, 1992, Pub. L. 102–486, title IX, § 902(a)(8), 106 Stat. 2944 Section 2251, act Aug. 1, 1946, ch. 724, § 201, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 956, provided for es- tablishment of Joint Committee on Atomic Energy. Provisions similar to section 2251 were contained in section 1815(a) of this title prior to the general amend- ment and renumbering of act Aug. 1, 1946 by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919. Section 2252, act Aug. 1, 1946, ch. 724, § 202, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 956; amended Sept. 6, 1961, Pub. L. 87–206, § 17, 75 Stat. 479; Mar. 26, 1964, Pub. L. 88–294, 78 Stat. 172; Dec. 6, 1974, Pub. L. 93–514, 88 Stat. 1611, set out authority and duties of Joint Com- mittee. Provisions similar to section 2252 were contained in section 1815(b) of this title prior to the general amend- ment and renumbering of act Aug. 1, 1946 by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919. Section 2253, act Aug. 1, 1946, ch. 724, § 203, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 956, provided for a Chairman and a Vice Chairman of Committee. Provisions similar to section 2253 were contained in section 1815(c) of this title prior to the general amend- ment and renumbering of act Aug. 1, 1946 by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919. Section 2254, act Aug. 1, 1946, ch. 724, § 204, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 957; amended Dec. 27, 1974, Pub. L. 93–554, title I, § 101(2), 88 Stat. 1776, related to the powers of Committee. Provisions similar to section 2254 were contained in section 1815(d) of this title prior to the general amend- ment and renumbering of act Aug. 1, 1946 by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919. Section 2255, act Aug. 1, 1946, ch. 724, § 205, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 957, related to staff and assistance for Committee. Provisions similar to section 2255 were contained in section 1815(e) of this title prior to the general amend- ment and renumbering of act Aug. 1, 1946 by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919. Section 2256, act Aug. 1, 1946, ch. 724, § 206, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 957, related to classi- fication of information originating in Committee. Section 2257, act Aug. 1, 1946, ch. 724, § 207, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 957, required that Committee keep records of all Committee actions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Act Aug. 1, 1946, ch. 724, title I, § 302(a), as added Pub. L. 95–110, § 1, Sept. 20, 1977, 91 Stat. 884; renumbered title I, Oct. 24, 1992, Pub. L. 102–486, title IX, § 902(a)(8), 106 Stat. 2944, provided that the repeal of sections 2251 to 2257 is effective Sept. 20, 1977. § 2258. Joint Committee on Atomic Energy abol- ished (a) Abolition The Joint Committee on Atomic Energy is abolished.