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sion-owned community through which a utility or
service is furnished under this subsection.127

authority.

"s. establish a plan for a succession of authority Succession of which will assure the continuity of direction of the Commission's operations in the event of a national disaster due to enemy activity. Notwithstanding any other provision of this Act, the person or persons succeeding to command in the event of disaster in accordance with the plan established pursuant to this subsection shall be vested with all of the authority of the Commission: Provided, That any such succession to authority, and vesting of authority shall be effective only in the event and as long as a quorum of three or more members of the Commission is unable to convene and exercise direction during the disaster period: Provided further, That the disaster period includes the period when attack on the United States is imminent and the post-attack period necessary to reestablish normal lines of command; 128

"t. enter into contracts for the processing, fabricating, separating, or refining in facilities owned by the Commission of source, byproduct or other material, or special nuclear material, in accordance with and within the period of an agreement for cooperation while comparable services are available to persons licensed under section 103 or 104: Provided, That the prices for services under such contracts shall be no less than the prices currently charged by the Commission pursuant to section 161m.;

128

Processing contracts.

contract

"u. (1) enter into contracts for such periods of Long term time as the Commission may deem necessary or authority. desirable, but not to exceed five years from the date of execution of the contract, for the purchase or acquisition of reactor services or services related to or required by the operation of reactors;

"(2) (A) enter into contracts for such periods of time as the Commission may deem necessary or desirable for the purchase or acquisition of any supplies, equipment, materials, or services required by the Commission whenever the Commission determines that: (i) it is advantageous to the Government to make such purchase or acquisition from commercial sources; (ii) the furnishing of such supplies, equipment, materials, or services will require the construction or acquisition of special facilities by the vendors or suppliers thereof; (iii) the amortization chargeable to the Commission constitutes an appreciable portion of the cost of contract performance,

127 Public Law 85-162 (71 Stat. 403) (1957), sec. 204, added subsec. r. (originally subsec. s.).

128 Public Law 85-681 (72 Stat. 632) (1958), sec. 7, amended sec. 161 by adding new subsecs. t., u., and v. Public Law 87-206 (75 Stat. 475) (1961), sec. 13. changed the designation of subsecs. t., u., and v. to subsecs. 8., t., and u., respectively.

Contract authority.

excluding cost of materials; and (iv) the contract for such period is more advantageous to the Government than a similar contract not executed under the authority of this subsection. Such contracts shall be entered into for periods not to exceed five years each from the date of initial delivery of such supplies, equipment, materials, or services or ten years from the date of execution of the contracts excluding periods of renewal under option.

"(B) In entering into such contracts the Commission shall be guided by the following principles: (i) the percentage of the total cost of special facilities devoted to contract performance and chargeable to the Commission should not exceed the ratio between the period of contract deliveries and the anticipated useful life of such special facilities; (ii) the desirability of obtaining options to renew the contract for reasonable periods at prices not to include charges for special facilities already amortized; and (iii) the desirability of reserving in the Commission the right to take title to the special facilities under appropriate circumstances; and

"(3) include in contracts made under this subsection provisions which limit the obligation of funds to estimated annual deliveries and services and the unamortized balance of such amounts due for special facilities as the parties shall agree is chargeable to the performance of the contract. Any appropriation available at the time of termination or thereafter made available to the Commission for operating expenses shall be available for payment of such costs which may arise from termination as the contract may provide. The term 'special facilities' as used in this subsection means any land and any depreciable buildings, structures, utilities, machinery, equipment, and fixtures necessary for the production or furnishing of such supplies, equipment, materials, or services and not available to the vendors or suppliers for the performance of the contract.129

"v. (A) enter into contracts with persons licensed under sections 53, 63, 103 or 104 for such periods of time as the Commission may deem necessary or desirable to provide, after December 31, 1968, for the producing or enriching of special nuclear material in facilities owned by the Commission; and

"(B) enter into contracts to provide, after December 31, 1968, for the producing or enriching of special nuclear material in facilities owned by the Commission in accordance with and within the period of an agreement for cooperation arranged

128 See footnote 128, supra.

pursuant to section 123 while comparable services
are made available pursuant to paragraph (A) of
this subsection:

Provided, That (i) prices for services under paragraph
(A) of this subsection shall be established on a nondis-
criminatory basis; (ii) prices for services under para-
graph (B) of this subsection shall be no less than prices
under paragraph (A) of this subsection; and (iii) any
prices established under this subsection shall be on a
basis of recovery of the Government's costs over a rea-
sonable period of time: 150 And provided further, That
the Commission, to the extent necessary to assure the
maintenance of a viable domestic uranium industry, shall
not offer such services for source or special nuclear ma-
terials of foreign origin intended for use in a utilization
facility within or under the jurisdiction of the United
States. The Commission shall establish criteria in writing
setting forth the terms and conditions under which serv-
ices provided under this subsection shall be made avail-
able including the extent to which such services will be
made available for source or special nuclear material of
foreign origin intended for use in a utilization facility
within or under the jurisdiction of the United States:
Provided, That before the Commission establishes such
criteria, the proposed criteria shall be submitted to the
Joint Committee, and a period of forty-five days shall
elapse while Congress is in session (in computing the
forty-five days there shall be excluded the days in which
either House is not in session because of adjournment for
more than three days) unless the Joint Committee by
resolution in writing waives the conditions of, or all or
any portion of, such forty-five day period.181

"w. prescribe and collect from any other Government agency, which applies for or is issued a license for a utilization facility designed to produce electrical or heat energy pursuant to section 103 or 104b, any fee, charge, or price which it may require, in accordance with the provisions of section 483a of title 31 of the United States Code or any other law, of applicants for, or holders of, such licenses.182

"x. Establish by rule, regulation, or order, after public notice, and in accordance with the requirements of section 181 of this Act, such standards and instructions as the 42 U.S.C. 2231. Commission may deem necessary or desirable to ensure

"(1) that an adequate bond, surety, or other financial arrangement (as determined by the Commission) will be provided, before termination of any license

130 Public Law 91-560 (84 Stat. 1472) (1970), sec. 8, amended this proviso by deleting after the word "basis" the following: "which will provide reasonable compensation to the Government" and substituting therefor the language appearing above.

131 Public Law 88-489 (78 Stat. 602) (1964), sec. 16, added subsec. v. 132 Public Law 92-314 (86 Stat. 222) (1972), sec. 301, added subsec. w.

42 U.S.C. 2014.

Contracts. 42 U.S.C. sec. 2202.

Advisory committees. 42 U.S.C. sec. 2203.

for byproduct material as defined in section 11 e. (2), by a licensee to permit the completion of all requirements established by the Commission for the decontamination, decommissioning, and reclamation of sites, structures, and equipment used in conjunction with byproduct material as so defined, and

"(2) that

"(A) in the case of any such license issued or renewed after the date of the enactment of this subsection, the need for long-term maintenance and monitoring of such sites, structures and equipment after termination of such license will be minimized and, to the maximum extent practicable, eliminated; and

"(B) in the case of each license for such material (whether in effect on the date of the enactment of this section or issued or renewed thereafter), if the Commission determines that any such long-term maintenance and monitoring is necessary, the licensee, before termination of any license for byproduct material as defined in section 11 e. (2), will make available such bonding, surety, or other financial arrangements as may be necessary to assure such long-term maintenance and monitoring.

Such standards and instructions promulgated by the Commission pursuant to this subsection shall take into account, as determined by the Commission, so as to avoid unnecessary duplication and expense, performance bonds or other financial arrangements which are required by other Federal agencies or State agencies and/or other local governing bodies for such decommissioning, decontamination, and reclamation and long-term maintenance and monitoring except that nothing in this paragraph shall be construed to require that the Commission accept such bonds or arrangements if the Commission determines that such bonds or arrangements are not adequate to carry out subparagraphs (1) and (2) of this subsection, 188

"SEC. 162. CONTRACTS.-The President may, in advance, exempt any specific action of the Commission in a particular matter from the provisions of law relating to contracts whenever he determines that such action is essential in the interest of the common defense and security.

"SEC. 163. ADVISORY COMMITTEES.-The members of the General Advisory Committee established pursuant to section 26 and the members of advisory boards established pursuant to section 161 a. may serve as such without regard to the provisions of sections 281, 283, or 284

133 Public Law 95-604 (92 Stat. 3036) (1978), sec. 203, added a new subsec. 161(x).

of Title 18 of the United States Code, except insofar as 62 Stat. 697. such sections may prohibit any such member from receiving compensation from a source other than a nonprofit educational institution 134 in respect of any particular matter which directly involves the Commission or in which the Commission is directly interested.135

contracts.

31 U.S.C. 665.

"SEC. 164. ELECTRIC UTILITY CONTRACTS.-The Com- Electric utility mission is authorized in connection with the construction 42 U.S.C. or operation of the Oak Ridge, Paducah, and Portsmouth sec. 2204. installations of the Commission, without regard to section 3679 of the Revised Statutes, as amended, to enter into new contracts or modify or confirm existing contracts to provide for electric utility services for periods not exceeding twenty-five years, and such contracts shall be subject to termination by the Commission upon payment of cancellation costs as provided in such contracts, and any appropriation presently or hereafter made available to the Commission shall be available for the payment of such cancellation costs. Any such cancellation payments shall be taken into consideration in determination of the rate to be charged in the event the Commission or any other agency of the Federal Government shall purchase electric utility services from the contractors subsequent to the cancellation and during the life of the original contract. The authority of the Commission under this section to enter into new contracts or modify or confirm existing contracts to provide for electric utility services includes, in case such electric utility services are to be furnished to the Commission by the Tennessee Valley Authority, authority to contract with any person to furnish electric utility services to the Tennessee Valley Authority in replacement thereof. Any contract hereafter entered into by the Commission pursuant to this section shall be submitted to the Joint Committee and a period of thirty days shall elapse while Congress is in session (in computing such thirty days, there shall be excluded the days on which either House is not in session because of adjournment for more than three days) before the contract of the Commission shall become effective: Provided, however, That the Joint Committee, after having received the proposed contract, may by resolution in writing, waive the conditions of or all or any portion of such thirty-day period.

134 Public Law 86-300 (73 Stat. 574) (1959), sec. 2, amended sec. 163 by inserting after the words "from receiving compensation" the words "from a source other than a nonprofit educational institution".

135 Public Law 87-849 (76 Stat. 1119) (1962), sec. 2, revised the existing conflict of interest laws. All exemptions from the provisions of secs. 281, 283 and 284 of Title 18 of the U.S. Code are deemed to be exemptions from the corresponding sections of the new conflict of interest law "except to the extent that they affect officers or employees of the executive branch of the United States Government [or] of any independent agency of the United States, as to whom they are no longer applicable."

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