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

Page 5527 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2232 § 2232. License applications (a) Contents and form Each application for a license hereunder shall be in writing and shall specifically state such in- formation as the Commission, by rule or regula- tion, may determine to be necessary to decide such of the technical and financial qualifica- tions of the applicant, the character of the ap- plicant, the citizenship of the applicant, or any other qualifications of the applicant as the Com- mission may deem appropriate for the license. In connection with applications for licenses to operate production or utilization facilities, the applicant shall state such technical specifica- tions, including information of the amount, kind, and source of special nuclear material re- quired, the place of the use, the specific charac- teristics of the facility, and such other informa- tion as the Commission may, by rule or regula- tion, deem necessary in order to enable it to find that the utilization or production of special nu- clear material will be in accord with the com- mon defense and security and will provide ade- quate 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 appli- cation, 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, li- censes 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 affirma- tion. (b) Review of applications by Advisory Com- mittee on Reactor Safeguards; report The Advisory Committee on Reactor Safe- guards shall review each application under sec- tion 2133 or section 2134(b) of this title for a con- struction permit or an operating license for a fa- cility, any application under section 2134(c) of this title for a construction permit or an oper- ating license for a testing facility, any applica- tion under subsection (a) or (c) of section 2134 of this title specifically referred to it by the Com- mission, and any application for an amendment to a construction permit or an amendment to an operating license under section 2133 or 2134(a), (b), or (c) of this title specifically referred to it by the Commission, and shall submit a report thereon which shall be made part of the record of the application and available to the public ex- cept to the extent that security classification prevents disclosure. (c) Commercial power; publication The Commission shall not issue any license under section 2133 of this title for a utilization or production facility for the generation of com- mercial power until it has given notice in writ- ing to such regulatory agency as may have juris- diction over the rates and services incident to the proposed activity; until it has published no- tice of the application in such trade or news publications as the Commission deems appro- priate to give reasonable notice to municipali- ties, private utilities, public bodies, and co- operatives which might have a potential inter- est in such utilization or production facility; and until it has published notice of such applica- tion once each week for four consecutive weeks in the Federal Register, and until four weeks after the last notice. (d) Preferred consideration The Commission, in issuing any license for a utilization or production facility for the genera- tion of commercial power under section 2133 of this title, shall give preferred consideration to applications for such facilities which will be lo- cated in high cost power areas in the United States if there are conflicting applications for a limited opportunity for such license. Where such conflicting applications resulting from limited opportunity for such license include those sub- mitted by public or cooperative bodies such ap- plications shall be given preferred consider- ation. (Aug. 1, 1946, ch. 724, title I, § 182, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 953; amended Aug. 6, 1956, ch. 1015, § 5, 70 Stat. 1069; Pub. L. 85–256, § 6, Sept. 2, 1957, 71 Stat. 579; Pub. L. 87–615, § 3, Aug. 29, 1962, 76 Stat. 409; Pub. L. 91–560, § 9, Dec. 19, 1970, 84 Stat. 1474; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes AMENDMENTS 1970—Subsec. (c). Pub. L. 91–560 substituted provisions requiring notification by publication giving reasonable notice to municipalities, private utilities, public bod- ies, and cooperatives which might have a potential in- terest in such utilization or production facility, for provisions requiring notice in writing to municipali- ties, private utilities, public bodies and cooperatives within transmission distance authorized to engage in the distribution of electric energy. 1962—Subsec. (b). Pub. L. 87–615 substituted provi- sions requiring review of applications under section 2133 or 2134(b) of this title for a construction permit or an operating license for a facility, or under section 2134(c) of this title for a testing facility, for provisions which required review of license applications for such facilities, and inserted provisions requiring review of any application for an amendment to a construction permit or operating license under section 2133 or 2134(a), (b), or (c) of this title specifically referred to it by the Commission. 1957—Subsecs. (b) to (d). Pub. L. 85–256 added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively. 1956—Subsec. (a). Act Aug. 6, 1956, struck out ‘‘under oath or affirmation’’ from last sentence, and inserted two sentences at end requiring applications and state- ments in connection with sections 2133 and 2134 to be made under oath or affirmation and authorizing Com- mission to require any other applications or state- ments to be made under oath or affirmation. Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by Page 5528 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2233 appropriate action prior to the expiration of such 2- year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organiza- tion and Employees. § 2233. Terms of licenses Each license shall be in such form and contain such terms and conditions as the Commission may, by rule or regulation, prescribe to effec- tuate the provisions of this chapter, including the following provisions: (a) Repealed. Pub. L. 88–489, § 18, Aug. 26, 1964, 78 Stat. 607. (b) No right to the special nuclear material shall be conferred by the license except as de- fined by the license. (c) Neither the license nor any right under the license shall be assigned or otherwise trans- ferred in violation of the provisions of this chap- ter. (d) Every license issued under this chapter shall be subject to the right of recapture or con- trol reserved by section 2138 of this title, and to all of the other provisions of this chapter, now or hereafter in effect and to all valid rules and regulations of the Commission. (Aug. 1, 1946, ch. 724, title I, § 183, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 954; amended Pub. L. 88–489, § 18, Aug. 26, 1964, 78 Stat. 607; renum- bered 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 text, 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 prin- cipally 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 1964—Par. (a). Pub. L. 88–489 struck out par. (a) which placed title to all special nuclear material utilized or produced by facilities pursuant to license in the United States at all times. § 2234. Inalienability of licenses No license granted hereunder and no right to utilize or produce special nuclear material granted hereby shall be transferred, assigned or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of any license to any person, unless the Commission shall, after securing full information, find that the transfer is in accord- ance with the provisions of this chapter, and shall give its consent in writing. The Commis- sion may give such consent to the creation of a mortgage, pledge, or other lien upon any facility or special nuclear material, owned or thereafter acquired by a licensee, or upon any leasehold or other interest to such facility, and the rights of the creditors so secured may thereafter be en- forced by any court subject to rules and regula- tions established by the Commission to protect public health and safety and promote the com- mon defense and security. (Aug. 1, 1946, ch. 724, title I, § 184, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 954; amended Pub. L. 88–489, § 19, Aug. 26, 1964, 78 Stat. 607; renum- bered 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 text, 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 prin- cipally 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 1964—Pub. L. 88–489 inserted ‘‘or special nuclear ma- terial,’’ after ‘‘lien upon any facility’’ and substituted ‘‘interest in such facility’’ for ‘‘interest in such prop- erty’’. § 2235. Construction permits and operating li- censes (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 construc- tion permit shall expire, and all rights there- under 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 con- structed 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 sec- tion 2239(a)(1)(A) of this title, the Commission shall issue to the applicant a combined con- struction and operating license if the applica- tion contains sufficient information to support the issuance of a combined license and the Com- mission determines that there is reasonable as- surance that the facility will be constructed and will operate in conformity with the license, the provisions of this chapter, and the Commission’s rules and regulations. The Commission shall identify within the combined license the inspec- tions, tests, and analyses, including those appli- cable to emergency planning, that the licensee shall perform, and the acceptance criteria that, if met, are necessary and sufficient to provide reasonable assurance that the facility has been constructed and will be operated in conformity with the license, the provisions of this chapter, and the Commission’s rules and regulations. Following issuance of the combined license, the