PRIA, Government Policy, Made Personal

Summary

A license can be taken away if the applicant made an important false statement in the application or in facts required under section 2232, if the application or an inspection shows conditions that would have led to denial, if the holder fails to build or run the facility as the permit or license requires, or if the holder breaks this chapter or Commission rules. The Commission must follow the process in section 558(c) of title 5 to revoke a license. After revocation, the Commission may immediately take any special nuclear material from the licensee. If the matter is vital to national defense, security, or public health and safety, the Commission may recapture material or enter and operate the facility before the usual procedures in subchapter II of chapter 5 and chapter 7 of title 5. Just compensation must be paid for use of the facility.

Title 42, §2236

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

(a)False applications; failure of performance

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)Procedure

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

(c)Repossession of material

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