§2243 — Title 42 The Public Health and Welfare | U.S. Code

Summary

It treats issuing a license to build and run a uranium enrichment plant as a major federal action that requires an environmental impact statement. That statement must be finished before the licensing hearing ends. The Commission must hold one formal public hearing on the record, finish that hearing, and make a decision before it issues a license. Before the plant can start operating, the Commission must inspect it to confirm it was built to the license rules and publish the inspection results. The Commission must make the license holder carry liability insurance for injuries, deaths, and property damage caused by radioactive, toxic, explosive, or other hazardous properties of materials with source or special nuclear material. The licensee must also show it has funds for cleanup and decommissioning, using methods like prepayment trusts, surety or insurance guarantees, or an external sinking fund. Section 2210 does not apply to licenses for facilities built after November 15, 1990. The Commission cannot grant a license or compliance certificate to the United States Enrichment Corporation (or its successor) if it is foreign-owned or if the license would harm U.S. defense, security, or a reliable, economical domestic source of enrichment.

Title 42, §2243

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)The issuance of a license under section 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)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)(1)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 section 2073 and 2093 of this title.

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

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

(c)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)(1)The Commission shall require, as a condition of the issuance of a license under section 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 section 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)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)No license or certificate of compliance may be issued to the United States Enrichment Corporation or its successor under this section or section 11 So in original. Probably should be “section”. 2073, 2093, or 2297f of this title, if the Commission determines that—

(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.

Notes & Related Subsidiaries

Editorial Notes

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, which is classified generally to chapter 55 (§ 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).

Statutory Notes and Related Subsidiaries

References to United States Enrichment CorporationReferences 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.

§2243 Licensing of uranium enrichment facilities