Title 42, The Public Health and WelfareRelease 119-102
§2238 Continued Operation of Facilities
Title 42 › CHAPTER 23 — DEVELOPMENT AND CONTROL OF ATOMIC ENERGY › SUBCHAPTER XV — JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE › § 2238
Summary
The Commission may take control of and run a production or use facility if its license was revoked but the public need or the Commission’s production plans require it. After talking with the state or federal regulator in charge, the Commission can operate the facility as long as needed or until a new license starts, and it must pay fair compensation for using the facility.
Full Legal Text
Title 42, §2238
The Public Health and Welfare, Source: USLM XML via OLRC
Whenever the Commission finds that the public convenience and necessity or the production program of the Commission requires continued operation of a production facility or utilization facility the license for which has been revoked pursuant to section 2236 of this title, the Commission may, after consultation with the appropriate regulatory agency, State or Federal, having jurisdiction, order that possession be taken of and such facility be operated for such period of time as the public convenience and necessity or the production program of the Commission may, in the judgment of the Commission, require, or until a license for the operation of the facility shall become effective. Just compensation shall be paid for the use of the facility.
Reference
Citations & Metadata
Citation
42 U.S.C. § 2238
Title 42, The Public Health and Welfare
Last Updated
Aug 21, 2026
Release point: 119-102