42 U.S.C. § 2135 — Antitrust provisions governing licenses

(a) Violations of antitrust laws. This chapter does not excuse anyone from complying with the following amended laws: the law approved July 2, 1890, protecting trade and commerce against unlawful restraints and monopolies; sections 73 through 76 of the law approved August 27, 1894, reducing taxes and providing government revenue; the law approved October 15, 1914, supplementing laws against unlawful restraints and monopolies; and the law approved September 26, 1914, creating the Federal Trade Commission^* and defining its powers and duties. If a court with proper authority finds that a licensee violated one of those laws while conducting the licensed activity, either in an original case or in a proceeding to enforce or review a government agency’s findings or orders under those laws, the Commission may suspend or revoke the license, or take any other action it considers necessary regarding a license issued under this chapter.

(b) Reports to Attorney General. The Commission must promptly report to the Attorney General any information it has about using special nuclear material or atomic energy^* in a way that appears to violate, or tend to violate, those laws or restrict free competition in private business.

(c) Sending license applications to the Attorney General; publishing advice; factors considered; exceptions. (1) The Commission must promptly send the Attorney General a copy of each license application covered by paragraph (2) and each written request covered by paragraph (3). Within a reasonable time, and no later than 180 days after receiving the application or request, the Attorney General must give the Commission the advice he considers appropriate about the finding the Commission must make under paragraph (5). The advice must explain its reasons or basis.

(2) Paragraph (1) applies to an application for a license to build or operate a utilization or production facility under section 2133. But it does not apply to an application to operate a facility for which a construction permit was issued under section 2133, unless the Commission decides review is advisable because significant changes occurred in the licensee’s activities or proposed activities after the Attorney General and Commission previously reviewed the facility’s construction permit under this subsection.

(3) For a Commission construction permit issued under section 2134(b) before December 19, 1970, a person who intervened, or who timely notified the Commission in writing that the person sought to intervene, in the construction-permit proceeding to obtain a decision about antitrust issues or to assert a basis for deciding them has the right to obtain an antitrust review under this section of the operating-license application by sending a written request to the Commission. The request must be made within 25 days after the later of the date the Commission first publishes in the Federal Register notice that the facility’s operating-license application was filed, or December 19, 1970.

(4) If the Attorney General asks, the Commission must provide, or arrange for providing, the information the Attorney General considers appropriate for the advice required by paragraph (1).

(5) The Commission must promptly publish the Attorney General’s advice in the Federal Register after receiving it. If the Attorney General advises that adverse antitrust issues may exist and recommends a hearing, the Attorney General or a representative may participate as a party in the Commission proceedings about that licensing matter and the subject of the advice. The Commission must give proper consideration to the advice and to evidence presented during those proceedings about that subject. It must then decide whether the licensed activities would create or maintain a situation inconsistent with the antitrust laws listed in subsection (a).

(6) If the Commission makes an affirmative finding under paragraph (5), it must also consider other factors it judges necessary to protect the public interest when deciding whether to issue or continue the license. Those factors include the need for power in the affected area. Based on its findings, the Commission may issue or continue the requested license, refuse to issue it, rescind or amend it, or issue it with conditions it considers appropriate.

(7) With the Attorney General’s approval, the Commission may exempt classes or types of licenses from any requirement of this subsection if it decides that those licenses would not significantly affect the applicant’s activities under the antitrust laws listed in subsection (a).

(8) For a construction-permit application already on file when this subsection was enacted, if the permit would be issued under section 2133, and for an operating-license application for which a written request for antitrust review is made under paragraph (3), after consulting with the Attorney General, the Commission may decide that the change is necessary in the public interest to avoid unnecessary delay. It may then set different periods by rule or order for Commission notice and receipt of advice, and may issue the construction permit or operating license before considering and deciding the matters covered by this subsection. Any permit or license issued this way must contain conditions the Commission considers appropriate to ensure that later Commission findings and orders about those matters receive full effect.

(9) Applicability. This subsection does not apply to an application filed on or after August 8, 2005, for a license to build or operate a utilization facility or production facility under section 2133 or section 2134(b).