
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2135]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
          CHAPTER 23--DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
 
                        Division A--Atomic Energy
 
                  SUBCHAPTER IX--ATOMIC ENERGY LICENSES
 
Sec. 2135. Antitrust provisions governing licenses


(a) Violations of antitrust laws

    Nothing contained in this chapter shall relieve any person from the 
operation of the following Acts, as amended, ``An Act to protect trade 
and commerce against unlawful restraints and monopolies'' approved July 
second, eighteen hundred and ninety; sections seventy-three to seventy-
seven, inclusive, of an Act entitled ``An Act to reduce taxation, to 
provide revenue for the Government, and for other purposes'' approved 
August twenty-seven, eighteen hundred and ninety-four; ``An Act to 
supplement existing laws against unlawful restraints and monopolies, and 
for other purposes'' approved October fifteen, nineteen hundred and 
fourteen; and ``An Act to create a Federal Trade Commission, to defined 
its powers and duties, and for other purposes'' approved September 
twenty-six, nineteen hundred and fourteen. In the event a licensee is 
found by a court of competent jurisdiction, either in an original action 
in that court or in a proceeding to enforce or review the findings or 
orders of any Government agency having jurisdiction under the laws cited 
above, to have violated any of the provisions of such laws in the 
conduct of the licensed activity, the Commission may suspend, revoke, or 
take such other action as it may deem necessary with respect to any 
license issued by the Commission under the provisions of this chapter.

(b) Reports to Attorney General

    The Commission shall report promptly to the Attorney General any 
information it may have with respect to any utilization of special 
nuclear material or atomic energy which appears to violate or to tend 
toward the violation of any of the foregoing Acts, or to restrict free 
competition in private enterprise.

(c) Transmissions to Attorney General of copies of license applications; 
        publication of advice; factors considered; exceptions

    (1) The Commission shall promptly transmit to the Attorney General a 
copy of any license application provided for in paragraph (2) of this 
subsection, and a copy of any written request provided for in paragraph 
(3) of this subsection; and the Attorney General shall, within a 
reasonable time, but in no event to exceed 180 days after receiving a 
copy of such application or written request, render such advice to the 
Commission as he determines to be appropriate in regard to the finding 
to be made by the Commission pursuant to paragraph (5) of this 
subsection. Such advice shall include an explanatory statement as to the 
reasons or basis therefor.
    (2) Paragraph (1) of this subsection shall apply to an application 
for a license to construct or operate a utilization or production 
facility under section 2133 of this title: Provided, however, That 
paragraph (1) shall not apply to an application for a license to operate 
a utilization or production facility for which a construction permit was 
issued under section 2133 of this title unless the Commission determines 
such review is advisable on the ground that significant changes in the 
licensee's activities or proposed activities have occurred subsequent to 
the previous review by the Attorney General and the Commission under 
this subsection in connection with the construction permit for the 
facility.
    (3) With respect to any Commission permit for the construction of a 
utilization or production facility issued pursuant to subsection (b) of 
section 2134 of this title prior to December 19, 1970, any person who 
intervened or who sought by timely written notice to the Commission to 
intervene in the construction permit proceeding for the facility to 
obtain a determination of antitrust considerations or to advance a 
jurisdictional basis for such determination shall have the right, upon a 
written request to the Commission, to obtain an antitrust review under 
this section of the application for an operating license. Such written 
request shall be made within 25 days after the date of initial 
Commission publication in the Federal Register of notice of the filing 
of an application for an operating license for the facility or December 
19, 1970, whichever is later.
    (4) Upon the request of the Attorney General, the Commission shall 
furnish or cause to be furnished such information as the Attorney 
General determines to be appropriate for the advice called for in 
paragraph (1) of this subsection.
    (5) Promptly upon receipt of the Attorney General's advice, the 
Commission shall publish the advice in the Federal Register. Where the 
Attorney General advises that there may be adverse antitrust aspects and 
recommends that there be a hearing, the Attorney General or his designee 
may participate as a party in the proceedings thereafter held by the 
Commission on such licensing matter in connection with the subject 
matter of his advice. The Commission shall give due consideration to the 
advice received from the Attorney General and to such evidence as may be 
provided during the proceedings in connection with such subject matter, 
and shall make a finding as to whether the activities under the license 
would create or maintain a situation inconsistent with the antitrust 
laws as specified in subsection (a) of this section.
    (6) In the event the Commission's finding under paragraph (5) is in 
the affirmative, the Commission shall also consider, in determining 
whether the license should be issued or continued, such other factors, 
including the need for power in the affected area, as the Commission in 
its judgment deems necessary to protect the public interest. On the 
basis of its findings, the Commission shall have the authority to issue 
or continue a license as applied for, to refuse to issue a license, to 
rescind a license or amend it, and to issue a license with such 
conditions as it deems appropriate.
    (7) The Commission, with the approval of the Attorney General, may 
except from any of the requirements of this subsection such classes or 
types of licenses as the Commission may determine would not 
significantly affect the applicant's activities under the antitrust laws 
as specified in subsection (a) of this section.
    (8) With respect to any application for a construction permit on 
file at the time of enactment into law of this subsection, which permit 
would be for issuance under section 2133 of this title, and with respect 
to any application for an operating license in connection with which a 
written request for an antitrust review is made as provided for in 
paragraph (3), the Commission, after consultation with the Attorney 
General, may, upon determination that such action is necessary in the 
public interest to avoid unnecessary delay, establish by rule or order 
periods for Commission notification and receipt of advice differing from 
those set forth above and may issue a construction permit or operating 
license in advance of consideration of and findings with respect to the 
matters covered in this subsection: Provided, That any construction 
permit or operating license so issued shall contain such conditions as 
the Commission deems appropriate to assure that any subsequent findings 
and orders of the Commission with respect to such matters will be given 
full force and effect.

(Aug. 1, 1946, ch. 724, title I, Sec. 105, as added Aug. 30, 1954, ch. 
1073, Sec. 1, 68 Stat. 938; amended Pub. L. 88-489, Sec. 14, Aug. 26, 
1964, 78 Stat. 606; Pub. L. 91-560, Sec. 6, Dec. 19, 1970, 84 Stat. 
1473; renumbered title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), 
Oct. 24, 1992, 106 Stat. 2944.)

                       References in Text

    The act to protect trade and commerce against unlawful restraints 
and monopolies, referred to in subsec. (a), is act July 2, 1890, ch. 
647, 26 Stat. 209, as amended, known as the Sherman Act, which is 
classified to sections 1 to 7 of Title 15, Commerce and Trade. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 1 of Title 15 and Tables.
    Sections seventy-three to seventy-seven, inclusive, of an act 
entitled ``An Act to reduce taxation, to provide revenue for the 
Government, and for other purposes'', referred to in subsec. (a), are 
sections 73 to 77 of act Aug. 27, 1894, ch. 349, 28 Stat. 570, as 
amended, known as the Wilson Tariff Act. Sections 73 to 76 enacted 
section 8 to 11 of Title 15. Section 77 was not classified to the Code. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 8 of Title 15 and Tables.
    ``An Act to supplement existing laws against unlawful restraints and 
monopolies, and for other purposes'' approved October fifteen, nineteen 
hundred and fourteen, referred to in subsec. (a), is act Oct. 15, 1914, 
ch. 323, 38 Stat. 730, as amended, known as the Clayton Act, which is 
classified generally to sections 12, 13, 14 to 19, 20, 21, and 22 to 27 
of Title 15, and sections 52 and 53 of Title 29, Labor. For further 
details and complete classification of this Act to the Code, see 
References in Text note set out under section 12 of Title 15 and Tables.
    The act to create a Federal Trade Commission, to define its powers 
and duties, and for other purposes, referred to in subsec. (a), is act 
Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, known as the Federal 
Trade Commission Act, which is classified generally to subchapter I 
(Sec. 41 et seq.) of chapter 2 of Title 15. For complete classification 
of this Act to the Code, see section 58 of Title 15 and Tables.


                            Prior Provisions

    Provisions similar to this section were contained in section 1807(c) 
of this title, prior to the general amendment and renumbering of act 
Aug. 1, 1946, by act Aug. 30, 1954.


                               Amendments

    1970--Subsec. (c). Pub. L. 91-560 designated existing provisions as 
pars. (1), (2), (4), and (5) and amended such provisions by extending 
the time for the Attorney General to give advice from 90 to 180 days and 
provided for review of licenses once granted under section 2133 of this 
title, and when the Attorney General recommends that there be a hearing, 
authorized the Commission to hold hearings and permit the Attorney 
General to appear as a party and to make a finding as to whether the 
activities under the license would be inconsistent with the antitrust 
laws, and in par. (3), provided for a review of the permit issued under 
section 2134(b) of this title, and added pars. (6) to (8).
    1964--Subsec. (a). Pub. L. 88-489 struck out ``, including the 
provisions which vest title to all special nuclear material in the 
United States,'' before ``shall relieve any person''.

                          Transfer of Functions

    Atomic Energy Commission abolished and functions transferred by 
sections 5814 and 5841 of this title. See also Transfer of Functions 
notes set out under those sections.

                  Section Referred to in Other Sections

    This section is referred to in sections 2188, 2201 of this title.
