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Attorney Gen-
eral approval
of title.
42 U.S.C.

factory to the person entitled thereto, such person shall be paid 75 per centum of the amount so determined, and shall be entitled to sue the United States in the Court of Claims or in any district court of the United States for the district in which such claimant is a resident in a manner provided by section 1346 of Title 28 of the United 62 Stat. 933. States Code to recover such further sum as added to such 75 per centum will constitute just compensation. "SEC. 174. ATTORNEY GENERAL APPROVAL OF TITLE.All real property acquired under this Act shall be subject to the provisions of section 355 of the Revised Statutes, as amended: Provided, however, That real property acquired by purchase or donation, or other means of transfer may also be occupied, used, and improved for the purposes of this Act prior to approval of title by the Attorney General in those cases where the President determines that such action is required in the interest of the common defense and security.

"CHAPTER 16. JUDICIAL REVIEW AND

ADMINISTRATIVE PROCEDURE

"SEC. 181. GENERAL.-The provisions of the Administrative Procedure Act (Public Law 404, Seventy-ninth Congress, approved June 11, 1946) shall apply to all agency action taken under this Act, and the terms 'agency' and 'agency action' shall have the meaning specified in the Administration Procedure Act: Provided, however, That in the case of agency proceedings or actions which involve restricted data, defense information, or safeguards information protected from disclosure under the authority of section 147,156 the Commission shall provide by regulation for such parallel procedures_as will effectively safeguard and prevent disclosure of Restricted Data, defense information, or such safeguards information,157 to unauthorized persons with minimum impairment of the procedural rights which would be available if Restricted Data, defense information, or such safeguards information,157 were not involved.

"SEC. 182. LICENSE APPLICATIONS.

"a. Each application for a license hereunder shall be in writing and shall specifically state such information as the Commission, by rule or regulation, may determine to be necessary to decide such of the technical and financial qualifications of the applicant, the character of the applicant, the citizenship of the applicant, or any other qualifications of the applicant as the Commission may deem appropriate for the license. In connection with applications for licenses to operate production or utilization facilities, the applicant shall state such technical

150 Public Law 96-295 (94 Stat. 789) (1980) sec. 207 (b) (1), deleted the words "or defense information" and substituted the words defense information, or safeguards information protected from disclosure under the authority of section 147".

157 Public Law 96-295 (94 Stat. 789) (1980) sec. 207(b) (2), deleted the words ". or defense information" and substituted the words defense informtion, or such safeguards information,".

sec. 2224.
40 U.S.C. 255.

General.

80 Stat. 381551-559.

388, 5 U.S.C.

42 U.S.C. sec. 2231.

License applications

42 U.S.. sec. 2232

ACRS Report.

Commercial power.

specifications, including information of the amount, kind, and source of special nuclear material required, the place of the use, the specific characteristics of the facility, and such other information as the Commission may, by rule or regulation, deem necessary in order to enable it to find that the utilization or production of special nuclear material will be in accord with the common defense and security and will provide adequate 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 application, 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, licenses under sections 103 and 104 shall be made under oath or affirmation. The Commission may require any other applications or statements to be made under oath or affirmation.158

"b. The Advisory Committee on Reactor Safeguards shall review each application under section 103 or section 104 b. for a construction permit or an operating license for a facility, any application under section 104 c. for a construction permit or an operating license for a testing facility, any application under section 104 a. or c. specifically referred to it by the Commission, and any application for an amendment to a construction permit or an amendment to an operating license under section 103 or 104 a., b., or c. 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 except to the extent that security classification prevents disclosure. 159

"c. The Commission shall not issue any license under section 103 for a utilization or production facility for the generation of commercial power until it has given notice in writing to such regulatory agency as may have jurisdiction over the rates and services incident to the proposed activity; until it has published notice of the application in such trade or news publications as the Commission deems appropriate to give reasonable notice to

159 Public Law 84-1006 (70 Stat. 1069) (1956), sec. 5, amended the third from last sentence of subsec. 182 a. and added the present last two sentences. Before amendment the third from last sentence read: “All applications and statements shall be signed by the applicant or licensee under oath or affirmation."

159 Public Law 85-256 (71 Stat. 576) (1957), sec. 6, added subsec. b. and relettered former subsecs. b. and c. as subsecs. c. and d. Public Law 87-615 (76 Stat. 409) (1962), sec. 3, amended subsec. b. Before amendment. it read: "b. The Advisory Committee on Reactor Safeguards shall review each application under section 103 or 104 b. for a license for a facility. any application under section 104 c. for a testing facility, and any appli cation under section 104 a. or c. 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, except to the extent that security classification prevents disclosure."

municipalities, private utilities, public bodies, and cooperatives which might have a potential interest in such utilization or production facility; and until it has published notice of such application once each week for four consecutive weeks in the Federal Register, and until four weeks after the last notice.160

"d. The Commission, in issuing any license for a utilization or production facility for the generation of commercial power under section 103, shall give preferred consideration to applications for such facilities which will be located 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 submitted by public or cooperative bodies such applications shall be given preferred consideration.

SEC. 183. 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 effectuate the provisions of this Act, including the following provisions:

"b.161 No right to the special nuclear material shall be conferred by the license except as defined by the license. "c. Neither the license nor any right under the license shall be assigned or otherwise transferred in violation of the provisions of this Act.

"d. Every license issued under this Act shall be subject to the right of recapture or control reserved by section 108, and to all of the other provisions of this Act, now or hereafter in effect and to all valid rules and regulations of the Commission.

Terms of

licenses.

42 U.S..

sec. 2233.

of licenses.

42 U.S.C sec. 2234.

"SEC. 184. INALIENABILITY OF LICENSES.-No license Inalienability 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 accordance with the pro

160 Public Law 91-560 (84 Stat. 1472) (1970), sec. 9, amended subsec. 182 c. Before amendment it read as follows:

"c. The Commission shall not issue any license for a utilization or production facility for the generation of commercial power under section 103, until it has given notice in writing to such regulatory agency as may have jurisdiction over the rates and services of the proposed activity, to municipalities, private utilities, public bodies, and cooperatives within transmission distance authorized to engage in the distribution of electric energy and until it has published notice of such application once each week for four consecutive weeks in the Federal Register, and until four weeks after the last notice."

101 Public Law 88-489 (78 Stat. 602) (1964), sec. 18, deleted subsec. 183 a. Subsec. a. read as follows:

"a. Title to all special nuclear material utilized or produced by facilities pursuant to the license, shall at all times be in the United States."

Construction
permits.
42 U.S C.
sec. 2235.

Revocation. 42 U.S.C. Bec. 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,162 owned or thereafter acquired by a licensee, or upon any leasehold or other interest in such facility,163 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.

"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.

162 Public Law 88-489 (78 Stat. 602) (1964), sec. 19, added "or special nuclear material.".

163 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.8.C. 551. provided under the Administrative Procedure Act. Just compensation shall be paid for the use of the facility.

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of license.

42 U.S.C. sec. 2237.

12 USC

sec. 2238.

"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. "SEC. 188. CONTINUED OPERATION OF FACILITIES. Continued operation of 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.

Hearings and judicial

42 U.S.C. Sec. 2239.

"SEC. 189. HEARINGS AND JUDICIAL REVIEW."a. In any proceeding under this Act, for the grant- review. ing, 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

in F.R.

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