
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: 42USC2242]

 
                 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. 2242. Temporary operating license


(a) Fuel loading, testing, and operation at specific power level; 
        petition, affidavit, etc.

    In any proceeding upon an application for an operating license for a 
utilization facility required to be licensed under section 2133 or 
2134(b) of this title, in which a hearing is otherwise required pursuant 
to section 2239(a) of this title, the applicant may petition the 
Commission for a temporary operating license for such facility 
authorizing fuel loading, testing, and operation at a specific power 
level to be determined by the Commission, pending final action by the 
Commission on the application. The initial petition for a temporary 
operating license for each such facility, and any temporary operating 
license issued for such facility based upon the initial petition, shall 
be limited to power levels not to exceed 5 percent of rated full thermal 
power. Following issuance by the Commission of the temporary operating 
license for each such facility, the licensee may file petitions with the 
Commission to amend the license to allow facility operation in staged 
increases at specific power levels, to be determined by the Commission, 
exceeding 5 percent of rated full thermal power. The initial petition 
for a temporary operating license for each such facility may be filed at 
any time after the filing of: (1) the report of the Advisory Committee 
on Reactor Safeguards required by section 2232(b) of this title; (2) the 
filing of the initial Safety Evaluation Report by the Nuclear Regulatory 
Commission staff and the Nuclear Regulatory Commission staff's first 
supplement to the report prepared in response to the report of the 
Advisory Committee on Reactor Safeguards for the facility; (3) the 
Nuclear Regulatory Commission staff's final detailed statement on the 
environmental impact of the facility prepared pursuant to section 
4332(2)(C) of this title; and (4) a State, local, or utility emergency 
preparedness plan for the facility. Petitions for the issuance of a 
temporary operating license, or for an amendment to such a license 
allowing operation at a specific power level greater than that 
authorized in the initial temporary operating license, shall be 
accompanied by an affidavit or affidavits setting forth the specific 
facts upon which the petitioner relies to justify issuance of the 
temporary operating license or the amendment thereto. The Commission 
shall publish notice of each such petition in the Federal Register and 
in such trade or news publications as the Commission deems appropriate 
to give reasonable notice to persons who might have a potential interest 
in the grant of such temporary operating license or amendment thereto. 
Any person may file affidavits or statements in support of, or in 
opposition to, the petition within thirty days after the publication of 
such notice in the Federal Register.

(b) Operation at greater power level; criteria, effect, terms and 
        conditions, etc.; procedures applicable

    With respect to any petition filed pursuant to subsection (a) of 
this section, the Commission may issue a temporary operating license, or 
amend the license to authorize temporary operation at each specific 
power level greater than that authorized in the initial temporary 
operating license, as determined by the Commission, upon finding that--
        (1) in all respects other than the conduct or completion of any 
    required hearing, the requirements of law are met;
        (2) in accordance with such requirements, there is reasonable 
    assurance that operation of the facility during the period of the 
    temporary operating license in accordance with its terms and 
    conditions will provide adequate protection to the public health and 
    safety and the environment during the period of temporary operation; 
    and
        (3) denial of such temporary operating license will result in 
    delay between the date on which construction of the facility is 
    sufficiently completed, in the judgment of the Commission, to permit 
    issuance of the temporary operating license, and the date when such 
    facility would otherwise receive a final operating license pursuant 
    to this chapter.

The temporary operating license shall become effective upon issuance and 
shall contain such terms and conditions as the Commission may deem 
necessary, including the duration of the license and any provision for 
the extension thereof. Any final order authorizing the issuance or 
amendment of any temporary operating license pursuant to this section 
shall recite with specificity the facts and reasons justifying the 
findings under this subsection, and shall be transmitted upon such 
issuance to the Committees on Natural Resources and on Energy and 
Commerce of the House of Representatives and the Committee on 
Environment and Public Works of the Senate. The final order of the 
Commission with respect to the issuance or amendment of a temporary 
operating license shall be subject to judicial review pursuant to 
chapter 158 of title 28. The requirements of section 2239(a) of this 
title with respect to the issuance or amendment of facility licenses 
shall not apply to the issuance or amendment of a temporary operating 
license under this section.

(c) Hearing for final operating license; suspension, issuance, 
        compliance, etc., with temporary operating license

    Any hearing on the application for the final operating license for a 
facility required pursuant to section 2239(a) of this title shall be 
concluded as promptly as practicable. The Commission shall suspend the 
temporary operating license if it finds that the applicant is not 
prosecuting the application for the final operating license with due 
diligence. Issuance of a temporary operating license under subsection 
(b) of this section shall be without prejudice to the right of any party 
to raise any issue in a hearing required pursuant to section 2239(a) of 
this title; and failure to assert any ground for denial or limitation of 
a temporary operating license shall not bar the assertion of such ground 
in connection with the issuance of a subsequent final operating license. 
Any party to a hearing required pursuant to section 2239(a) of this 
title on the final operating license for a facility for which a 
temporary operating license has been issued under subsection (b) of this 
section, and any member of the Atomic Safety and Licensing Board 
conducting such hearing, shall promptly notify the Commission of any 
information indicating that the terms and conditions of the temporary 
operating license are not being met, or that such terms and conditions 
are not sufficient to comply with the provisions of paragraph (2) of 
subsection (b) of this section.

(d) Administrative remedies for minimization of need for license

    The Commission is authorized and directed to adopt such 
administrative remedies as the Commission deems appropriate to minimize 
the need for issuance of temporary operating licenses pursuant to this 
section.

(e) Expiration of issuing authority

    The authority to issue new temporary operating licenses under this 
section shall expire on December 31, 1983.

(Aug. 1, 1946, ch. 724, title I, Sec. 192, as added Pub. L. 92-307, June 
2, 1972, 86 Stat. 191; amended Pub. L. 97-415, Sec. 11, Jan. 4, 1983, 96 
Stat. 2071; renumbered title I, Pub. L. 102-486, title IX, 
Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 103-437, 
Sec. 15(f)(8), Nov. 2, 1994, 108 Stat. 4593.)


                               Amendments

    1994--Subsec. (b). Pub. L. 103-437 substituted ``Natural Resources 
and on'' for ``Interior and Insular Affairs and''.
    1983--Subsec. (a). Pub. L. 97-415 substituted provisions setting 
forth procedures for petitioning for a temporary operating license in 
any proceeding upon an application for an operating license for a 
utilization facility required to be licensed under section 2133 or 
2134(b) of this title in which a hearing is otherwise required pursuant 
to section 2239(a) of this title, for provisions setting forth 
procedures for petitioning for a temporary operating license in any 
proceeding upon an application for an operating license for a nuclear 
power reactor in which a hearing is otherwise required pursuant to 
section 2239(a) of this title.
    Subsec. (b). Pub. L. 97-415 substituted provisions relating to 
requisite findings, effectiveness, terms and conditions, etc., with 
respect to petition for a temporary operating license for a utilization 
facility or amendment of the license to authorize temporary operation at 
greater power levels than authorized in the initial temporary operating 
license, for provisions relating to requisite findings, terms and 
conditions, etc., with respect to petition for a temporary operating 
license for a nuclear power reactor.
    Subsec. (c). Pub. L. 97-415 inserted provisions relating to 
notification requirements on any party to the hearing and any Board 
member, and substituted provisions relating to suspension of the 
temporary operating license, for provisions relating to vacation of the 
temporary operating license.
    Subsec. (d). Pub. L. 97-415 substituted provisions relating to 
administrative remedies for minimization of need for temporary operating 
licenses for provisions setting forth expiration of authority under this 
section on Oct. 30, 1973.
    Subsec. (e). Pub. L. 97-415 added subsec. (e).

                         Change of Name

    Committee on Natural Resources of House of Representatives treated 
as referring to Committee on Resources of House of Representatives and 
Committee on Energy and Commerce of House of Representatives treated as 
referring to Committee on Commerce of House of Representatives by 
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 
of Title 2, The Congress.

                          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.
