
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC10154]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 108--NUCLEAR WASTE POLICY
 
  SUBCHAPTER I--DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE, 
           SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE WASTE
 
                     Part B--Interim Storage Program
 
Sec. 10154. Licensing of facility expansions and transshipments


(a) Oral argument

    In any Commission hearing under section 189 of the Atomic Energy Act 
of 1954 (42 U.S.C. 2239) on an application for a license, or for an 
amendment to an existing license, filed after January 7, 1983, to expand 
the spent nuclear fuel storage capacity at the site of a civilian 
nuclear power reactor, through the use of high-density fuel storage 
racks, fuel rod compaction, the transshipment of spent nuclear fuel to 
another civilian nuclear power reactor within the same utility system, 
the construction of additional spent nuclear fuel pool capacity or dry 
storage capacity, or by other means, the Commission shall, at the 
request of any party, provide an opportunity for oral argument with 
respect to any matter which the Commission determines to be in 
controversy among the parties. The oral argument shall be preceded by 
such discovery procedures as the rules of the Commission shall provide. 
The Commission shall require each party, including the Commission staff, 
to submit in written form, at the time of the oral argument, a summary 
of the facts, data, and arguments upon which such party proposes to rely 
that are known at such time to such party. Only facts and data in the 
form of sworn testimony or written submission may be relied upon by the 
parties during oral argument. Of the materials that may be submitted by 
the parties during oral argument, the Commission shall only consider 
those facts and data that are submitted in the form of sworn testimony 
or written submission.

(b) Adjudicatory hearing

    (1) At the conclusion of any oral argument under subsection (a) of 
this section, the Commission shall designate any disputed question of 
fact, together with any remaining questions of law, for resolution in an 
adjudicatory hearing only if it determines that--
        (A) there is a genuine and substantial dispute of fact which can 
    only be resolved with sufficient accuracy by the introduction of 
    evidence in an adjudicatory hearing; and
        (B) the decision of the Commission is likely to depend in whole 
    or in part on the resolution of such dispute.

    (2) In making a determination under this subsection, the 
Commission--
        (A) shall designate in writing the specific facts that are in 
    genuine and substantial dispute, the reason why the decision of the 
    agency is likely to depend on the resolution of such facts, and the 
    reason why an adjudicatory hearing is likely to resolve the dispute; 
    and
        (B) shall not consider--
            (i) any issue relating to the design, construction, or 
        operation of any civilian nuclear power reactor already licensed 
        to operate at such site, or any civilian nuclear power reactor 
        for which a construction permit has been granted at such site, 
        unless the Commission determines that any such issue 
        substantially affects the design, construction, or operation of 
        the facility or activity for which such license application, 
        authorization, or amendment is being considered; or
            (ii) any siting or design issue fully considered and decided 
        by the Commission in connection with the issuance of a 
        construction permit or operating license for a civilian nuclear 
        power reactor at such site, unless (I) such issue results from 
        any revision of siting or design criteria by the Commission 
        following such decision; and (II) the Commission determines that 
        such issue substantially affects the design, construction, or 
        operation of the facility or activity for which such license 
        application, authorization, or amendment is being considered.

    (3) The provisions of paragraph (2)(B) shall apply only with respect 
to licenses, authorizations, or amendments to licenses or 
authorizations, applied for under the Atomic Energy Act of 1954 (42 
U.S.C. 2011 et seq.) before December 31, 2005.
    (4) The provisions of this section shall not apply to the first 
application for a license or license amendment received by the 
Commission to expand onsite spent fuel storage capacity by the use of a 
new technology not previously approved for use at any nuclear powerplant 
by the Commission.

(c) Judicial review

    No court shall hold unlawful or set aside a decision of the 
Commission in any proceeding described in subsection (a) of this section 
because of a failure by the Commission to use a particular procedure 
pursuant to this section unless--
        (1) an objection to the procedure used was presented to the 
    Commission in a timely fashion or there are extraordinary 
    circumstances that excuse the failure to present a timely objection; 
    and
        (2) the court finds that such failure has precluded a fair 
    consideration and informed resolution of a significant issue of the 
    proceeding taken as a whole.

(Pub. L. 97-425, title I, Sec. 134, Jan. 7, 1983, 96 Stat. 2230.)

                       References in Text

    The Atomic Energy Act of 1954, referred to in subsec. (b)(3), is act 
Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, Sec. 1, 
68 Stat. 921, and amended, which is classified generally to chapter 23 
(Sec. 2011 et seq.) of this title. For complete classification of this 
Act to the Code, see Short Title note set out under section 2011 of this 
title and Tables.
