42 U.S.C. § 9123: Relinquishment or surrender…

Summary

A license holder can give up a license or any part of their right to build or operate an ocean thermal energy conversion facility or its right of way at any time without penalty. Giving up the license does not free them from any legal duties or liabilities that existed before, or from obligations to remove or dispose of required components. If a surrendered right of way includes an electric cable or pipeline used with another license, the Administrator must let that other licensee try to add the right of way to their license before telling the Secretary of the Interior the area is vacated.

Title 42, §9123

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

(a)Relinquishment or surrender authority; continuation of liability

Any licensee may at any time, without penalty, surrender to the Administrator a license issued to him, or relinquish to the Administrator, in whole or in part, any right to conduct construction or operation of an ocean thermal energy conversion facility or plantship, including part or all of any right of way which may have been granted in conjunction with such license: Provided, That such surrender or relinquishment shall not relieve the licensee of any obligation or liability established by this chapter, or any other Act, or of any obligation or liability for actions taken by him prior to such surrender or relinquishment, or during disposal or removal of any components required to be disposed of or removed pursuant to this chapter.

(b)Transfer of right of way

If part or all of a right of way which is relinquished, or for which the license is surrendered, to the Administrator pursuant to subsection (a) of this section contains an electric transmission cable or pipeline which is used in conjunction with another license for an ocean thermal energy conversion facility, the Administrator shall allow the other licensee an opportunity to add such right of way to his license before informing the Secretary of the Interior that the right of way has been vacated.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 96–320, Aug. 3, 1980, 94 Stat. 974, known as the Ocean Thermal Energy Conversion Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 9101 of this title and Tables.

§9123 Relinquishment or Surrender of License