§2236 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Licenses can be taken away for things like material false statements on the application, problems found from the application, reports, records, or inspections, failing to build or run a facility as the permit or application requires, or breaking any rule of the chapter or Commission. The Commission must follow the process in section 558(c) of title 5 when it takes a license away. If a license is revoked, the Commission can immediately take back any special nuclear material the licensee holds. In cases the Commission finds vital to national defense, security, or public health and safety, it can also reclaim material or enter and operate the facility before the usual steps under subchapter II of chapter 5 and chapter 7 of title 5. The Commission must pay just compensation for use of the facility.

Title 42, §2236

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

(a)Any license may be revoked for any material false statement in the application or any statement of fact required under section 2232 of this title, or because of conditions revealed by such application or statement of fact or any report, record, or inspection or other means which would warrant the Commission to refuse to grant a license on an original application, or for failure to construct or operate a facility in accordance with the terms of the construction permit or license or the technical specifications in the application, or for violation of, or failure to observe any of the terms and provisions of this chapter or of any regulation of the Commission.

(b)The Commission shall follow the provisions of section 558(c) of title 5 in revoking any license.

(c)Upon revocation of the license, the Commission may immediately retake possession of all special nuclear material held by the licensee. In cases found by the Commission to be of extreme importance to the national defense and security or to the health and safety of the public, the Commission may recapture any special nuclear material held by the licensee or may enter upon and operate the facility prior to any of the procedures provided under subchapter II of chapter 5 and chapter 7 of title 5. Just compensation shall be paid for the use of the facility.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 2011 of this title and Tables. Codification In subsecs. (b) and (c), “section 558(c) of title 5” and “subchapter II of chapter 5 and chapter 7 of title 5” substituted for “section 9(b) of the Administrative Procedure Act [5 U.S.C. 1008(b)]” and “the Administration Procedure Act [5 U.S.C. 1001–1011]”, respectively, on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

§2236 Revocation of Licenses