
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: 42USC2243]

 
                 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. 2243. Licensing of uranium enrichment facilities


(a) Environmental impact statement

                      (1) Major Federal action

        The issuance of a license under sections 2073 and 2093 of this 
    title for the construction and operation of any uranium enrichment 
    facility shall be considered a major Federal action significantly 
    affecting the quality of the human environment for purposes of the 
    National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

                             (2) Timing

        An environmental impact statement prepared under paragraph (1) 
    shall be prepared before the hearing on the issuance of a license 
    for the construction and operation of a uranium enrichment facility 
    is completed.

(b) Adjudicatory hearing

                           (1) In general

        The Commission shall conduct a single adjudicatory hearing on 
    the record with regard to the licensing of the construction and 
    operation of a uranium enrichment facility under sections 2073 and 
    2093 of this title.

                             (2) Timing

        Such hearing shall be completed and a decision issued before the 
    issuance of a license for such construction and operation.

                        (3) Single proceeding

        No further Commission licensing action shall be required to 
    authorize operation.

(c) Inspection and operation

    Prior to commencement of operation of a uranium enrichment facility 
licensed hereunder, the Commission shall verify through inspection that 
the facility has been constructed in accordance with the requirements of 
the license for construction and operation. The Commission shall publish 
notice of the inspection results in the Federal Register.

(d) Insurance and decommissioning

    (1) The Commission shall require, as a condition of the issuance of 
a license under sections 2073 and 2093 of this title for a uranium 
enrichment facility, that the licensee have and maintain liability 
insurance of such type and in such amounts as the Commission judges 
appropriate to cover liability claims arising out of any occurrence 
within the United States, causing, within or outside the United States, 
bodily injury, sickness, disease, or death, or loss of or damage to 
property, or loss of use of property, arising out of or resulting from 
the radioactive, toxic, explosive, or other hazardous properties of 
chemical compounds containing source or special nuclear material.
    (2) The Commission shall require, as a condition for the issuance of 
a license under sections 2073 and 2093 of this title for a uranium 
enrichment facility, that the licensee provide adequate assurance of the 
availability of funds for the decommissioning (including 
decontamination) of such facility using funding mechanisms that may 
include, but are not necessarily limited to, the following:
        (A) Prepayment (in the form of a trust, escrow account, 
    government fund, certificate of deposit, or deposit of government 
    securities).
        (B) Surety (in the form of a surety or performance bond, letter 
    of credit, or line of credit), insurance, or other guarantee 
    (including parent company guarantee) method.
        (C) External sinking fund in which deposits are made at least 
    annually.

(e) No Price-Anderson coverage

    Section 2210 of this title shall not apply to any license under 
section 2073 or 2093 of this title for a uranium enrichment facility 
constructed after November 15, 1990.

(f) Limitation

    No license or certificate of compliance may be issued to the United 
States Enrichment Corporation or its successor under this section or 
sections \1\ 2073, 2093, or 2297f of this title, if the Commission 
determines that--
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``section''.
---------------------------------------------------------------------------
        (1) the Corporation is owned, controlled, or dominated by an 
    alien, a foreign corporation, or a foreign government; or
        (2) the issuance of such a license or certificate of compliance 
    would be inimical to--
            (A) the common defense and security of the United States; or
            (B) the maintenance of a reliable and economical domestic 
        source of enrichment services.

(Aug. 1, 1946, ch. 724, title I, Sec. 193, as added Pub. L. 101-575, 
Sec. 5(e), Nov. 15, 1990, 104 Stat. 2835; renumbered title I, Pub. L. 
102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; 
amended Pub. L. 104-134, title III, Sec. 3116(b)(2), Apr. 26, 1996, 110 
Stat. 1321-349.)

                       References in Text

    The National Environmental Policy Act of 1969, referred to in 
subsec. (a)(1), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as 
amended, which is classified generally to chapter 55 (Sec. 4321 et seq.) 
of this title. For complete classification of this Act to the Code, see 
Short Title note set out under section 4321 of this title and Tables.


                               Amendments

    1996--Subsec. (f). Pub. L. 104-134 added subsec. (f).


           References to United States Enrichment Corporation

    References to the United States Enrichment Corporation deemed, as of 
the privatization date (July 28, 1998), to be references to the private 
corporation, see section 3116(e) of Pub. L. 104-134, set out as a note 
under former section 2297 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 2297f-1, 2297h-11 of this 
title.
