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  LIbrary Treaties Atomic Energy Act, August 30, 1954

The Atomic Energy Act of 1954

Sec. 103: Commercial Licenses
a. Subsequent to a finding by the Commission as required in section 102, the Commission may issue licenses to transfer or receive in interstate commerce, manufacture, produce, transfer, acquire, possess, import, or ex-port under the terms of an agreement for cooperation arranged pursuant to section 123, such type of utilization or production facility. Such licenses shall be issued in accordance with the provisions of chapter 16 and subject to such conditions as the Commission may by rule or regulation establish to effec-tuate the purposes and provisions of this Act.

b. The Commission shall issue such licenses on a nonexclusive basis to persons applying therefore:
(1) whose proposed activities will serve a useful purpose proportionate to the quantities of special nuclear material or source material to be utilized;

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(2) who are equipped to observe and who agree to observe such safety standards to protect health and to minimize danger to life or property as the Commission may by rule establish; and
(3) who agree to make available to the Commission such technical information and data concerning activities under such licenses as the Commission may deter-mine necessary to promote the common defense and security and to protect the health and safety of the public. All such information may be used by the Commission only for the purposes of the common defense and security and to protect the health and safety of the public.

c. Each such license shall be issued for a specified period, as deter-mined by the Commission, depending on the type of activity to be licensed, but not exceeding forty years, and may be renewed upon the expiration of such period.

d. No license under this section may be given to any person for activi-ties which are not under or within the jurisdiction of the United States, except for the export of production or utilization facilities under terms of an agreement for cooperation arranged pursuant to section 123, or except under the provisions of section 109. No license may be issued to any corporation or other entity if the Commission knows or has reason to believe it is owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government. In any event, no license may be issued to any person within the United States if in the opinion of the Commission, the issuance of a license to such person would be inimical to the common defense and security or to the health and safety of the public.

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 Administrative Pro-cedure Act: Provided, however, that in the case of agency proceedings or actions which involve Restricted Data or defense information, the Com-mission shall provide by regulation for such parallel procedures as will ef-fectively safeguard and prevent disclosure of Restricted Data or defense information to unauthorized persons with minimum impairment of the pro-cedural rights which would be available if Restricted Data or defense infor-mation 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 Commis-sion may deem appropriate for the license. In connection with applications for licenses to operate production or utilization facilities, the applicant shall state such technical 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 ade-quate protection to the health and safety of the public. Such technical speci-fications shall be a part of an 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 Com-mission 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 under oath or affirmation.

b. The Commission shall not issue any license for a utilization or pro-duction 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 muni-cipalities, private utilities, public bodies, and cooperatives within trans-mission 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.

c. The Commission, in issuing any license for 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 lo-cated in high cost power areas in the United States if there are conflicting applications resulting from 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:

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.

b. 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 pro-visions of this Act, now or hereafter in effect and to all valid rules and regu-lations of the Commission.

Sec. 184: 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 accordance with the provisions 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 owned or thereafter acquired by a licensee, or upon any leasehold or other interest in such property, and the rights of the creditors so secured may thereafter be enforced by any court subject to rules and regulations estab-lished 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 con-struct 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 con-struction 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 appli-cation 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 regu-lations 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 li-cense 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 con-struct 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.

b. The Commission shall follow the provisions of section 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 de-fense 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 provided under the Administrative Procedure Act. Just compensation shall be paid for the use of the facility,

Sec. 187: Modification of License
The terms and conditions of all li-censes 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
Whenever the Com-mission finds that the public convenience and necessity or the production program of the Commission requires continued operation of a production fa-cility 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 pos-session 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 Com-mission 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, re-voking, 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 pro-ceeding for the payment of compensation, an award or royalties under sec-tions 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.

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 pre-scribed 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.