Title 42The Public Health and WelfareRelease 119-73not60

§2373 Transfer to Governmental or Other Legal Entity; Determination of Transferee

Title 42 › Chapter 24— DISPOSAL OF ATOMIC ENERGY COMMUNITIES › Subchapter VI— UTILITIES › § 2373

Last updated Apr 5, 2026|Official source

Summary

A utility can be transferred to one or more entities that are legally allowed to run it. That can be the town where the community is, the State, a state subdivision or agency, or any person, company, or other legal entity. When picking who should get the utility, the Commission can look at five things: the usual pattern of ownership for similar utilities in that State; whether the proposed buyer can operate the utility; the likely sale price, the buyer’s ability to pay, and any expected costs; what the community’s eligible voters want as shown by an official vote or a Commission process; and whether the transfer would help the United States by reducing possible needs for local aid under subchapters VII and VIII of this chapter.

Full Legal Text

Title 42, §2373

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

(a)Transfer may be made to one or more of the following, if the transferee has the legal authority to receive and operate the utility.
(1)the city at the community;
(2)the State in which the community is located;
(3)any political subdivision or agency of that State; or
(4)any person, firm, corporation, or other legal entity.
(b)In determining the transferee for any utility, the Commission may consider the following:
(1)the pattern of ownership of the comparable utilities in the State in which the community is located;
(2)the ability of the transferee to operate the utility;
(3)the probable price of the sale of the utility, the ability of the transferee to pay that price, and any probable expense;
(4)the desires of the eligible voters of the community as directly expressed in any vote in any officially recognized procedure or in any procedure established by the Commission; and
(5)the benefit to the United States in reducing possible requirements for local assistance as authorized in subchapters VII and VIII of this chapter.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Transfer of Functions

Atomic Energy Commission abolished and functions transferred by section 5814 and 5841 of this title. See also

Transfer of Functions

notes set out under those sections.

Reference

Citations & Metadata

Citation

42 U.S.C. § 2373

Title 42The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60