
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: 42USC2232]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
          CHAPTER 23--DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
 
                        Division A--Atomic Energy
 
       SUBCHAPTER XV--JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE
 
Sec. 2232. License applications


(a) Contents and form

    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 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 2133 and 2134 of this title 
shall be made under oath or affirmation. The Commission may require any 
other applications or statements to be made under oath or affirmation.

(b) Review of applications by Advisory Committee on Reactor Safeguards; 
        report

    The Advisory Committee on Reactor Safeguards shall review each 
application under section 2133 or section 2134(b) of this title for a 
construction permit or an operating license for a facility, any 
application under section 2134(c) of this title for a construction 
permit or an operating license for a testing facility, any application 
under subsection (a) or (c) of section 2134 of this title 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 2133 or 2134(a), (b), or (c) of this title 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.

(c) Commercial power; publication

    The Commission shall not issue any license under section 2133 of 
this title 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 
application 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 consecutive 
weeks in the Federal Register, and until four weeks after the last 
notice.

(d) Preferred consideration

    The Commission, in issuing any license for a utilization or 
production facility for the generation of commercial power under section 
2133 of this title, 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.

(Aug. 1, 1946, ch. 724, title I, Sec. 182, as added Aug. 30, 1954, ch. 
1073, Sec. 1, 68 Stat. 953; amended Aug. 6, 1956, ch. 1015, Sec. 5, 70 
Stat. 1069; Pub. L. 85-256, Sec. 6, Sept. 2, 1957, 71 Stat. 579; Pub. L. 
87-615, Sec. 3, Aug. 29, 1962, 76 Stat. 409; Pub. L. 91-560, Sec. 9, 
Dec. 19, 1970, 84 Stat. 1474; renumbered title I, Pub. L. 102-486, title 
IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)


                               Amendments

    1970--Subsec. (c). Pub. L. 91-560 substituted provisions requiring 
notification by publication giving reasonable notice to municipalities, 
private utilities, public bodies, and cooperatives which might have a 
potential interest in such utilization or production facility, for 
provisions requiring notice in writing to municipalities, private 
utilities, public bodies and cooperatives within transmission distance 
authorized to engage in the distribution of electric energy.
    1962--Subsec. (b). Pub. L. 87-615 substituted provisions requiring 
review of applications under section 2133 or 2134(b) of this title for a 
construction permit or an operating license for a facility, or under 
section 2134(c) of this title for a testing facility, for provisions 
which required review of license applications for such facilities, and 
inserted provisions requiring review of any application for an amendment 
to a construction permit or operating license under section 2133 or 
2134(a), (b), or (c) of this title specifically referred to it by the 
Commission.
    1957--Subsecs. (b) to (d). Pub. L. 85-256 added subsec. (b) and 
redesignated former subsecs. (b) and (c) as (c) and (d), respectively.
    1956--Subsec. (a). Act Aug. 6, 1956, struck out ``under oath or 
affirmation'' from last sentence, and inserted two sentences at end 
requiring applications and statements in connection with sections 2133 
and 2134 to be made under oath or affirmation and authorizing Commission 
to require any other applications or statements to be made under oath or 
affirmation.

                          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.


                   Termination of Advisory Committees

    Advisory committees in existence on Jan. 5, 1973, to terminate not 
later than the expiration of the 2-year period following Jan. 5, 1973, 
unless, in the case of a committee established by the President or an 
officer of the Federal Government, such committee is renewed by 
appropriate action prior to the expiration of such 2-year period, or in 
the case of a committee established by the Congress, its duration is 
otherwise provided by law. See section 14 of Pub. L. 92-463, Oct. 6, 
1972, 86 Stat. 776, set out in the Appendix to Title 5, Government 
Organization and Employees.

                  Section Referred to in Other Sections

    This section is referred to in sections 2236, 2242 of this title.
