Construction permits. 42 U.S C. sec. 2235. Revocation. 42 U.S.C. sec. 2236. visions of this Act, and shall give its consent in writing. The Commission 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 in such facility, and the rights of the creditors so secured may thereafter be enforced by any court subject to rules and regulations established by the Commission to protect public health and safety and promote the common defense and security. 69 "SEC. 185. CONSTRUCTION PERMITS.-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 Act 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 Act, the Commission shall thereupon issue a license to the applicant. For all other purposes of this Act, a construction permit is deemed to be a license'. "SEC. 186. REVOCATION.— "a. Any license may be revoked for any material false statement in the application or any statement of fact required under section 182, 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 Act or of any regulation of the Commission. Public Law 88-489 (78 Stat. 602) (1964), sec. 19, added "or special nuclear material.". 68 Public Law 88-489 (78 Stat. 602) (1964), sec. 19, substituted the word "facility" for the word "property". U.S.C. 558(b). "b. The Commission shall follow the provisions of sec- 80 Stat. 388,5 tion 9(b) of the Administrative Procedure Act in revoking any license. c. 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 5 U.S.C. 551. provided under the Administrative Procedure Act. Just compensation shall be paid for the use of the facility. of license. 42 U.S.C. sec. 2237. "SEC. 187. MODIFICATION OF LICENSE.-The terms and Modification conditions of all licenses shall be subject to amendment, revision, or modification, by reason of amendments of this Act, or by reason of rules and regulations issued in accordance with the terms of this Act. Continued operation of facilities. sec. 2238. "SEC. 188. CONTINUED OPERATION OF FACILITIES.Whenever the Commission finds that the public convenience and necessity or the production program of the 42 U.S.C. Commission requires continued operation of a production facility or utilization facility the license for which has been revoked pursuant to section 186, 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. "SEC. 189. HEARINGS AND JUDICIAL REVIEW. Hearings and Judicial review. sec. 2239. 42 U.S.C. "a. In any proceeding under this Act, 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 153, 157, 186 c., or 188, 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 Publication in the Federal Register, on each application under section 103 or 104 b. for a construction permit for a facility, and on any application under section 104 c. 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 in F.R. Construction permits. 42 U.S C. Bec. 2235. visions of this Act, and shall give its cor "SEC. 185. CONSTRU ceptable to the struction per tion d sh .ended. .ter r an dment A thirty Register ense with respect to uction pernse upon a ⚫ amendment .on.69 ›ceeding of the ll be subject to ed in the Act of ch. 1189, 64 Stat. 1129), on 10 of the Administrative CENSEE INCIDENT REPORTS.-No report by of any incident arising out of or in conneclicensed activity made pursuant to any ent of the Commission shall be admitted as eviany suit or action for damages growing out of matter mentioned in such report. To 191. ATOMIC SAFETY AND LICENSING BOARD.— Notwithstanding the provisions of sections 7(a) mission is authorized to establish one or more atomic and (a) of the Administrative Procedure Act, the Comsafety and licensing boards, each comprised of three members, one of whom shall be qualified in the conduct of administrative proceedings and two of whom shall have such technical or other qualifications as the Commission deems appropriate to the issues to be decided, to conduct such hearings as the Commission may direct and make such intermediate or final decisions as the Commission may authorize with respect to the granting, suspending, revoking or amending of any license or authorization under the provisions of this Act, any other provision of law, or any regulation of the Commission issued there Public Law 87-615 (76 Stat. 409) (1962), sec. 2, amended this sec tion. Before amendment it read: "SEC. 189. HEARINGS AND JUDICIAL REVIEW. "a. In any proceeding under this Act. for the granting, suspending revoking. or amending of any license or construction pei mit, or applica tion to transfer control, and in any proceeding for the issuance or modifi cation 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 153, 157, 186 c.. or 188, 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 103 or 104 b. for a license for a facility, and on any application under section 104 c. for a license for a testing facility." Public Law 85-256 (71 Stat. 576) (1957), sec. 7, had previously amended sec. 189 a. by adding the last sentence thereof. 70 Sec. 190 was added by Public Law 87-206 (75 Stat. 475) (1961). Bec. 16. U.S.C. 558(b). "b. The Commission shall follow the provisions of sec- 80 Stat. 388, 5 tion 9(b) of the Administrative Procedure Act in revokany license. ing c. 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 5 U.S.C. 551. provided under the Administrative Procedure Act. Just compensation shall be paid for the use of the facility. of license. 42 U.S.C. sec. 2237. "SEC. 187. MODIFICATION OF LICENSE.-The terms and Modification conditions of all licenses shall be subject to amendment, revision, or modification, by reason of amendments of this Act, or by reason of rules and regulations issued in accordance with the terms of this Act. Continued operation of 12 U.S.C. sec. 2238. "SEC. 188. CONTINUED OPERATION OF FACILITIES.Whenever the Commission finds that the public conven- facilities. ience 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 186, 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. "SEC. 189. HEARINGS AND JUDICIAL REVIEW. "a. In any proceeding under this Act, 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 153, 157, 186 c., or 188, 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 103 or 104 b. for a construction permit for a facility, and on any application under section 104 c. 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 Hearings and judicial review. sec. 2239. 42 U.S.C. Publication in F.R. 43-785 0 - 80 - 9 5 U.S.C. 701706, 28 U.S.C. 2341-2352. 42 U.S.C. Bec. 2240. Atomic Safety 80 Stat. 386, sec. 2241. 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.69 "b. Any final order entered in any proceeding of the kind specified in subsection a. above shall be subject to judicial review in the manner prescribed in the Act of December 29, 1950, as amended (ch. 1189, 64 Stat. 1129), and to the provisions of section 10 of the Administrative Procedure Act, as amended. "SEC. 190. LICENSEE INCIDENT REPORTS.-No report by any licensee of any incident arising out of or in connection with a licensed activity made pursuant to any requirement of the Commission shall be admitted as evidence in any suit or action for damages growing out of any matter mentioned in such report.70 "SEC. 191. ATOMIC SAFETY AND LICENSING BOARD."a. Notwithstanding the provisions of sections 7(a) and 8(a) of the Administrative Procedure Act, the Commission is authorized to establish one or more atomic safety and licensing boards, each comprised of three members, one of whom shall be qualified in the conduct of administrative proceedings and two of whom shall have such technical or other qualifications as the Commission deems appropriate to the issues to be decided, to conduct such hearings as the Commission may direct and make such intermediate or final decisions as the Commission may authorize with respect to the granting, suspending, revoking or amending of any license or authorization under the provisions of this Act, any other provision of law, or any regulation of the Commission issued there Public Law 87-615 (76 Stat. 409) (1962), sec. 2, amended this sec tion. Before amendment it read: "SEC. 189. HEARINGS AND JUDICIAL REVIEW. "a. In any proceeding under this Act, 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 153, 157, 186 c., or 188, 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 103 or 104 b. for a license for a facility, and on any application under section 104 c. for a license for a testing facility." Public Law 85-256 (71 Stat. 576) (1957), sec. 7, had previously amended sec. 189 a. by adding the last sentence thereof. 70 Sec. 190 was added by Public Law 87-206 (75 Stat. 475) (1961). sec. 16. |