
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: 42USC2235]

 
                 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. 2235. Construction permits and operating licenses

    (a) 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 chapter 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 chapter, the Commission shall thereupon issue a license to the 
applicant. For all other purposes of this chapter, a construction permit 
is deemed to be a ``license''.
    (b) After holding a public hearing under section 2239(a)(1)(A) of 
this title, the Commission shall issue to the applicant a combined 
construction and operating license if the application contains 
sufficient information to support the issuance of a combined license and 
the Commission determines that there is reasonable assurance that the 
facility will be constructed and will operate in conformity with the 
license, the provisions of this chapter, and the Commission's rules and 
regulations. The Commission shall identify within the combined license 
the inspections, tests, and analyses, including those applicable to 
emergency planning, that the licensee shall perform, and the acceptance 
criteria that, if met, are necessary and sufficient to provide 
reasonable assurance that the facility has been constructed and will be 
operated in conformity with the license, the provisions of this chapter, 
and the Commission's rules and regulations. Following issuance of the 
combined license, the Commission shall ensure that the prescribed 
inspections, tests, and analyses are performed and, prior to operation 
of the facility, shall find that the prescribed acceptance criteria are 
met. Any finding made under this subsection shall not require a hearing 
except as provided in section 2239(a)(1)(B) of this title.

(Aug. 1, 1946, ch. 724, title I, Sec. 185, as added Aug. 30, 1954, ch. 
1073, Sec. 1, 68 Stat. 955; renumbered title I and amended Pub. L. 102-
486, title IX, Sec. 902(a)(8), title XXVIII, Sec. 2801, Oct. 24, 1992, 
106 Stat. 2944, 3120.)


                               Amendments

    1992--Pub. L. 102-486 inserted ``and operating licenses'' after 
``permits'' in section catchline, designated existing text as subsec. 
(a), and added subsec. (b).


                    Effective Date of 1992 Amendment

    Section 2806 of Pub. L. 102-486 provided that: ``Sections 185 b. and 
189 a. (1)(B) of the Atomic Energy Act of 1954 [subsec. (b) of this 
section and section 2239(a)(1)(B) of this title], as added by sections 
2801 and 2802 of this Act, shall apply to all proceedings involving a 
combined license for which an application was filed after May 8, 1991, 
under such sections.''

                          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.

                        Executive Order No. 12129

    Ex. Ord. No. 12129, Apr. 5, 1979, 44 F.R. 21001, which established a 
Critical Energy Facility Program, was revoked by Ex. Ord. No. 12553, 
Feb. 25, 1986, 51 F.R. 7237.

                  Section Referred to in Other Sections

    This section is referred to in sections 2239, 2242 of this title.
