testimony or to appear and produce documents, or both, in accordance with the subpena; and any failure to obey such order of the court may be punished by such court as a contempt thereof. "SEC. 234. 86 CIVIL MONETARY PENALTIES FOR VIOLA- Civil penalties. TIONS OF LICENSING REQUIREMENTS. "a. Any person who (1) violates any licensing provision of section 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, or 109 or any rule, regulation, or order issued thereunder, or any term, condition, or limitation of any license issued thereunder, or (2) commits any violation for which a license may be revoked under section 186, shall be subject to a civil penalty, to be imposed by the Commission, of not to exceed $5,000 for each such violation: Provided, That in no event shall the total penalty payable by any person exceed $25,000 for all violations by such person occurring within any period of thirty consecutive days. If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty. The Commission shall have the power to compromise, mitigate, or remit such penalties. 42 U.S.C. 42 U.S.C. 2073, 2077, 2092, 2133, 2134, 42 U.S.C. "b. Whenever the Commission has reason to believe 83 Stat. 445. that a person has become subject to the imposition of a notification civil penalty under the provisions of this section, it shall Written "c. On the request of the Commission, the Attorney General is authorized to institute a civil action to collect a penalty imposed pursuant to this section. The Attorney General shall have the exclusive power to compromise, mitigate, or remit such civil penalties as are referred to him for collection. So Public Law 91-161 (83 Stat. 444) (1969), sec. 4, added sec. 234. Transfer of property. 42 U.S.C. sec. 2015. Report to Congress. 42 U.S.C. sec. 2016. 42 U.S C. sec. 2017 "CHAPTER 19. MISCELLANEOUS "SEC. 241. TRANSFER OF PROPERTY.-Nothing in this Act shall be deemed to repeal, modify, amend, or alter the provisions of section 9(a) of the Atomic Energy Act of 1946, as heretofore amended.87 "SEC. 251. REPORT TO CONGRESS.-The Commission shall submit to the Congress, in January 88 of each year, a report concerning the activities of the Commission. The Commission shall include in such report, and shall at such other times as it deems desirable submit to the Congress, such recommendations for additional legislation as the Commission deems necessary or desirable. "SEC. 261. APPROPRIATIONS.— 89 90 "a. No appropriation shall be made to the Commission, nor shall the Commission waive charges for the use See appendix B, sec. 9(a). 88 Public Law 86-43 (73 Stat. 73) (1959), amended sec. 251 by deleting the words "and July" after the word "January". Public Law 88-72 (77 Stat. 84) (1963), sec. 107, the AEC Fiscal Year 1964 Authorization Act, amended section 261. Before amendment this section read as follows: "SEC. 261. APPROPRIATIONS. "a. There are hereby authorized to be appropriated such sums as may be necessary and appropriate to carry out the provisions and purposes of this Act, except (1) Such as may be necessary for acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction or expansion: Provided, That for the purposes of this subsection a., any nonmilitary experimental reactor which is designed to produce more than 10,000 thermal kilowatts of heat (except for intermittent excursions) or which is designed to be used in the production of electric power shall be deemed to be a facility. (2) Such as may be necessary to carry out cooperative programs with persons for the development and construction of reactors for the demonstration of their use, in whole or in part, in the production of electric power or process heat, or for propulsion, or solely or principally for the commercial provision of byproduct material, irradiation, or other special services, for civilian use, by arrangements (including contracts, agreements, and loans) or amendments thereto, providing for the payment of funds, the rendering of services, and the undertaking of research and development without full reimbursement, the waiver of charges accompanying such arrangement, or the provision by the Commission of any other financial assistance pursuant to such arrangement, or which involves the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction or expansion undertaken by the Commission as a part of such arrangements. "b. The acts appropriating such sums may appropriate specified portions thereof to be accounted for upon the certification of the Commission only. c. Funds are hereby authorized to be appropriated for advance planning, construction design, and architectural services in connection with any plant or facility not otherwise authorized, and for the restoration or replacement of any plant or facility destroyed or otherwise seriously damaged, and the Commission is authorized to use available funds for such purposes. "d. Funds hereafter authorized to be appropriated for any project to be used in connection with the development or production of special nuclear material or atomic weapons may be used to start another project not otherwise authorized if the substituted project is within the limit of cost of the project for which substitution is to be made, and the Commission certifies that "(1) the substituted project is essential to the common defense and security: "(2) the substituted project is required by changes in weapon characteristics or weapon logistic operations; and "(3) the Commission is unable to enter into a contract with any person on terms satisfactory to it to furnish from a privately owned plant or facility the product or services to be provided by the new project." Subsecs, c. and d. added by Public Law 87-615 (76 Stat. 409), sec. 8. For previous amendments of this section see "Atomic Energy Legislation Through 87th Congress, 2nd Session," p. 79.) 90 Excerpts from legislation appropriating funds to the Atomic Energy Commission are set forth in appendix E. of materials under the Cooperative Power Reactor Demonstration Program, unless previously authorized by legislation enacted by the Congress.91 "b. Any Act appropriating funds to the Commission may appropriate specified portions thereof to be accounted for upon the certification of the Commission only. "c. Notwithstanding the provisions of subsection a., funds are hereby authorized to be appropriated for the restoration or replacement of any plant or facility destroyed or otherwise seriously damaged, and the Commission is authorized to use available funds for such purposes. "d. Funds authorized to be appropriated for any construction project to be used in connection with the development or production of special nuclear material or atomic weapons may be used to start another construction project not otherwise authorized if the substituted construction project is within the limit of cost of the construction project for which substitution is to be made, and the Commission certifies that "(1) the substituted project is essential to the common defense and security; "(2) the substituted project is required by changes in weapon characteristics or weapon logistics operations; and jurisdiction "(3) the Commission is unable to enter into a contract with any person on terms satisfactory to it to furnish from a privately owned plant or facility the product or services to be provided by the new project. "SEC. 271. AGENCY JURISDICTION.-Nothing in this Act Agency shall be construed to affect the authority or regulations 42 U.S.C. of any Federal, State, or local agency with respect to sec. 2018. the generation, sale, or transmission of electric power produced through the use of nuclear facilities licensed by the Commission: Provided, That this section shall not be deemed to confer upon any Federal, State, or local agency any authority to regulate, control, or restrict any activities of the Commission.92 Power Act. 42 U.S.C. sec. 2019. "SEC. 272. APPLICABILITY OF FEDERAL POWER ACT.- Applicability of Federal Every licensee under this Act who holds a license from the Commission for a utilization or production facility for the generation of commercial electric energy under section 103 and who transmits such electric energy in interstate commerce or sells it as wholesale in interstate commerce shall be subject to the regulatory provisions of the Federal Power Act. Legislation authorizing appropriations to the Commission is set forth in Part II, infra. 2 Public Law 89-135 (79 Stat. 551) (1965), amended sec. 271. Prior to amendment this section read as follows: "SEC. 271. AGENCY JURISDICTION.-Nothing in this Act shall be construed to affect the authority or regulations of any Federal, State, or local agency with respect to the generation, sale, or transmission of electric power." Licensing of Government Cooperation with States. 42 U.S.C. вес. 2021. Agreements with States. "SEC. 273. LICENSING OF GOVERNMENT AGENCIES.Nothing in this Act shall preclude any Government agency now or hereafter authorized by law to engage in the production, marketing, or distribution of electric energy from obtaining a license under section 103, if qualified under the provisions of section 103, for the construction and operation of production or utilization facilities for the primary purpose of producing electric energy for disposition for ultimate public consumption. "SEC. 274. COOPERATION WITH STATES.93 "a. It is the purpose of this section "(1) to recognize the interests of the States in the peaceful uses of atomic energy, and to clarify the respective responsibilities under this Act of the States and the Commission with respect to the regulation of byproduct, source, and special nuclear materials; "(2) to recognize the need, and establish programs for, cooperation between the States and the Commission with respect to control of radiation hazards associated with use of such materials; "(3) to promote an orderly regulatory pattern between the Commission and State governments with respect to nuclear development and use and regulation of byproduct, source, and special nuclear materials; "(4) to establish procedures and criteria for discontinuance of certain of the Commission's regulatory responsibilities with respect to byproduct, source, and special nuclear materials, and the assumption thereof by the States; "(5) to provide for coordination of the development of radiation standards for the guidance of Federal agencies and cooperation with the States; and "(6) to recognize that, as the States improve their capabilities to regulate effectively such materials, additional legislation may be desirable. "b. Except as provided in subsection c., the Commission is authorized to enter into agreements with the Governor of any State providing for discontinuance of the regulatory authority of the Commission under chapters 6, 7, and 8, and section 161 of this Act, with respect to any one or more of the following materials within the State "(1) byproduct materials as defined in section 11 e. (1); "(2) byproduct materials as defined in section 11 e. (2); "(3) source materials; 93 Public Law 86-373 (73 Stat. 688) (1959), sec. 1, added sec. 274. "(4) special nuclear materials in quantities not sufficient to form a critical mass. During the duration of such an agreement it is recognized that the State shall have authority to regulate the materials covered by the agreement for the protection of the public health and safety from radiation hazards."4 "c. No agreement entered into pursuant to subsection b. shall provide for discontinuance of any authority and the Commission shall retain authority and responsibility with respect to regulation of— "(1) the construction and operation of any production or utilization facility; "(2) the export from or import into the United States of byproduct, source, or special nuclear material, or of any production or utilization facility; "(3) the disposal into the ocean or sea of byproduct, source, or special nuclear waste materials as defined in regulations or orders of the Commission; "(4) the disposal of such other byproduct, source, or special nuclear material as the Commission determines by regulation or order should, because of the hazards or potential hazards thereof, not be so disposed of without a license from the Commission. The Commission shall also retain authority under any such agreement to make a determination that all applicable standards and requirements have been met prior to termination of a license for byproduct material, as defined in section 11 e. (2). Notwithstanding any agreement between the Commission and any State pursuant to subsection b., the Commission is authorized by rule, regulation, or order to require that the manufacturer, processor, or producer of any equipment, device, commodity, or other product containing source, byproduct, or special nuclear material shall not transfer possession or control of such product except pursuant to a license issued by the Commission.95 "d. The Commission shall enter into an agreement under subsection b. of this section with any State if "(1) The Governor of that State certifies that the State has a program for the control of radiation hazards adequate to protect the public health and safety with respect to the materials within the State covered by the proposed agreement, and that the State desires to assume regulatory responsibility for such materials; and "(2) the Commission finds that the State program is in accordance with the requirements of subsection Public Law 95-604 (92 Stat. 3036) (1978), sec. 204 (a), amended subsec. 270 b. by adding the words "as defined by section 11 e (1)" at the end of paragraph (1); by renumbering paragraphs (2) and (3) as paragraphs (3) and (4); and by inserting a new paragraph (2). Public Law 95-604 (92 Stat. 3038) (1978), sec. 204 (f) amended sec. 274 c. by inserting the first sentence after paragraph (4). Conditions. |