Publication. Just compensation. 42 U.S.C. sec. 2221. 62 Stat. 933. Condemnation of real property. 42 U.S.C. sec. 2222. 62 Stat. 937, 986; 46 Stat. 40 U.S. C. 257, "(2) such conflict has been avoided after appropriate conditions have been included in such contract, agreement, or arrangement; except that if the Commission determines that such conflict of interest exists and that such conflict of interest cannot be avoided by including appropriate conditions therein, the Commission may enter into such contract, agreement, or arrangement, if the Commission determines that it is in the best interests of the United States to do so and includes appropriate conditions in such contract, agreement, or arrangement to mitigate such conflict. "c. The Commission shall publish rules for the implementation of this section, in accordance with section 553 of title 5, United States Code (without regard to subsection (a) (2) thereof) as soon as practicable after the date of the enactment of this section, but in no event later than 120 days after such date.60 "CHAPTER 15. COMPENSATION FOR PRIVATE PROPERTY ACQUIRED "SEC. 171. JUST COMPENSATION.-The United States shall make just compensation for any property or interests therein taken or requisitioned pursuant to sections 43,61 5582 66, and 108. Except in case of real property or any interest therein, the Commission shall determine and pay such just compensation. If the compensation so determined is unsatisfactory 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 the manner provided by section 1346 of Title 28 of the United States Code to recover such further sum as added to said 75 per centum will constitute just compensation. "SEC. 172. CONDEMNATION OF REAL PROPERTY.-Proceedings for condemnation shall be instituted pursuant to the provisions of the Act approved August 1, 1888, as amended, and section 1403 of Title 28 of the United States Code. The Act approved February 26, 1931, as amended, shall be applicable to any such proceedings. "SEC. 173. PATENT APPLICATION DISCLOSURES.-In the event that the Commission communicates to any nation 60 Public Law 95-601 (92 Stat. 2950) (1978), sec. 8(a), added sec. 170A. 1 Public Law 88-489 (78 Stat. 602) (1964). sec. 17. deleted the phrase "52 (with respect to the material for which the United States is required to pay just compensation)," after "43.". 2 Public Law 88-489 (78 Stat. 602) (1964), sec. 17, added "55". any Restricted Data based on any patent application not belonging to the United States, just compensation shall be paid by the United States to the owner of the patent application. The Commission shall determine such compensation. If the compensation so determined is unsatisfactory 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 or defense information, the Commission shall provide by regulation for such parallel procedures as will effectively safeguard and prevent disclosure of Restricted Data or defense information to unauthorized persons with minimum impairment of the procedural rights which would be available if Restricted Data or defense information 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 Attorney General approval of title. 42 U.S.C sec. 2224. 40 U.S.C. 255. 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.63 "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. 64 "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 appli 3 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." 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 application 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." cation in such trade or news publications as the Commission deems appropriate to give reasonable notice to 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 Notice in F.R. consecutive weeks in the Federal Register, and until four weeks after the last notice.65 "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. licenses. 42 U.S.C. "SEC. 183. TERMS OF LICENSES.-Each license shall be Terms of in such form and contain such terms and conditions as the Commission may, by rule or regulation, prescribe to sec. 2233. effectuate the provisions of this Act, including the following provisions: "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 provisions of this Act, now or hereafter in effect and to all valid rules and regulations of the Commission. of licenses. "SEC. 184. INALIENABILITY OF LICENSES.-No license Inalienability granted hereunder and no right to utilize or produce 42 U.S.C. special nuclear material granted hereby shall be trans- sec. 2234. ferred, 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 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." 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, 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. 67 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". |