42 U.S.C. § 2242 — Temporary operating license
submitted 80 years ago by Pub. L. 92-307 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,095 words · no verdicts yet
During a required final-license proceeding, the Commission may issue a temporary operating license for staged fuel loading, testing, and operation if legal requirements, safety assurances, and a need to avoid delay are met. The authority to issue new temporary licenses expired December 31, 1983.
(a) In a required operating-license proceeding for a utilization facility, the applicant may ask the Commission* for a temporary license allowing fuel loading, testing, and operation at a Commission-set power level while the application is pending. The initial petition and license may not exceed 5% of rated full thermal power. After issuance, the licensee may seek staged increases above 5%. The initial petition may be filed after the specified reactor-safeguards report, initial and first supplemental safety reports, environmental statement, and an emergency-preparedness plan. Each petition must include affidavits stating specific supporting facts. The Commission must publish notice in the Federal Register and suitable trade or news publications, and anyone may file supporting or opposing affidavits or statements within 30 days after Federal Register publication. (b) The Commission may issue or amend the temporary license at each set power level if (1) all legal requirements other than the hearing are met, (2) operation under the terms will reasonably protect public health, safety, and the environment, and (3) denial would create a delay between sufficiently completed construction and the final license. The license takes effect on issuance and includes necessary terms, duration, and extensions. The final order must specifically state* supporting facts and reasons and be sent to the named congressional committees. It is reviewable under title 28 chapter 158, and section 2239(a)’s final-license hearing rules do not apply. (c) The final-license hearing must finish promptly. The Commission must suspend the temporary license if the applicant is not diligently pursuing the final license. Temporary issuance does not prejudice any party’s right to raise issues in the final hearing, and failure to raise a ground against the temporary license does not bar raising it against the final license. Parties and board members must promptly report information showing the temporary terms are unmet or insufficient for subsection (b)(2). (d) The Commission must adopt appropriate administrative remedies to minimize the need for temporary licenses. (e) Authority to issue new temporary licenses expired December 31, 1983.
In any proceeding upon an application for an operating license for a utilization facility required to be licensed under section 2133 or 2134(b) of this title, in which a hearing is otherwise required pursuant to section 2239(a) of this title, the applicant may petition the Commission* for a temporary operating license for such facility authorizing fuel loading, testing, and operation at a specific power level to be determined by the Commission, pending final action by the Commission on the application. The initial petition for a temporary operating license for each such facility, and any temporary operating license issued for such facility based upon the initial petition, shall be limited to power levels not to exceed 5 percent of rated full thermal power. Following issuance by the Commission of the temporary operating license for each such facility, the licensee may file petitions with the Commission to amend the license to allow facility operation in staged increases at specific power levels, to be determined by the Commission, exceeding 5 percent of rated full thermal power. The initial petition for a temporary operating license for each such facility may be filed at any time after the filing of: (1) the report of the Advisory Committee* on Reactor Safeguards required by section 2232(b) of this title; (2) the filing of the initial Safety Evaluation Report by the Nuclear Regulatory Commission staff and the Nuclear Regulatory Commission staff’s first supplement to the report prepared in response to the report of the Advisory Committee on Reactor Safeguards for the facility; (3) the Nuclear Regulatory Commission staff’s final detailed statement on the environmental impact of the facility prepared pursuant to section 4332(2)(C) of this title; and (4) a State*, local, or utility emergency preparedness plan for the facility. Petitions for the issuance of a temporary operating license, or for an amendment to such a license allowing operation at a specific power level greater than that authorized in the initial temporary operating license, shall be accompanied by an affidavit or affidavits setting forth the specific facts upon which the petitioner relies to justify issuance of the temporary operating license or the amendment thereto. The Commission shall publish notice of each such petition in the Federal Register and in such trade or news publications as the Commission deems appropriate to give reasonable notice to persons who might have a potential interest in the grant of such temporary operating license or amendment thereto. Any person may file affidavits or statements in support of, or in opposition to, the petition within thirty days after the publication of such notice in the Federal Register.
With respect to any petition filed pursuant to subsection (a) of this section, the Commission may issue a temporary operating license, or amend the license to authorize temporary operation at each specific power level greater than that authorized in the initial temporary operating license, as determined by the Commission, upon finding that—
in all respects other than the conduct or completion of any required hearing, the requirements of law are met;
in accordance with such requirements, there is reasonable assurance that operation of the facility during the period of the temporary operating license in accordance with its terms and conditions will provide adequate protection to the public health and safety and the environment during the period of temporary operation; and
denial of such temporary operating license will result in delay between the date on which construction of the facility is sufficiently completed, in the judgment of the Commission, to permit issuance of the temporary operating license, and the date when such facility would otherwise receive a final operating license pursuant to this chapter.
The temporary operating license shall become effective upon issuance and shall contain such terms and conditions as the Commission may deem necessary, including the duration of the license and any provision for the extension thereof. Any final order authorizing the issuance or amendment of any temporary operating license pursuant to this section shall recite with specificity the facts and reasons justifying the findings under this subsection, and shall be transmitted upon such issuance to the Committees on Natural Resources and on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate. The final order of the Commission with respect to the issuance or amendment of a temporary operating license shall be subject to judicial review pursuant to chapter 158 of title 28. The requirements of section 2239(a) of this title with respect to the issuance or amendment of facility licenses shall not apply to the issuance or amendment of a temporary operating license under this section.
Any hearing on the application for the final operating license for a facility required pursuant to section 2239(a) of this title shall be concluded as promptly as practicable. The Commission shall suspend the temporary operating license if it finds that the applicant is not prosecuting the application for the final operating license with due diligence. Issuance of a temporary operating license under subsection (b) of this section shall be without prejudice to the right of any party to raise any issue in a hearing required pursuant to section 2239(a) of this title; and failure to assert any ground for denial or limitation of a temporary operating license shall not bar the assertion of such ground in connection with the issuance of a subsequent final operating license. Any party to a hearing required pursuant to section 2239(a) of this title on the final operating license for a facility for which a temporary operating license has been issued under subsection (b), and any member of the Atomic Safety and Licensing Board conducting such hearing, shall promptly notify the Commission of any information indicating that the terms and conditions of the temporary operating license are not being met, or that such terms and conditions are not sufficient to comply with the provisions of paragraph (2) of subsection (b).
The Commission is authorized and directed to adopt such administrative remedies as the Commission deems appropriate to minimize the need for issuance of temporary operating licenses pursuant to this section.
The authority to issue new temporary operating licenses under this section shall expire on December 31, 1983.
Source credit: (Aug. 1, 1946, ch. 724, title I, § 192, as added Pub. L. 92–307, June 2, 1972, 86 Stat. 191; amended Pub. L. 97–415, § 11, Jan. 4, 1983, 96 Stat. 2071; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 103–437, § 15(f)(8), Nov. 2, 1994, 108 Stat. 4593.)
- 1946Enacted · Pub. L. 92-307 · 86 Stat. 191
- 1983Amended · Pub. L. 97-415 · 96 Stat. 2071
- 1992Amended · Pub. L. 102-486 · 106 Stat. 2944
- 1994Amended · Pub. L. 103-437 · 108 Stat. 4593
A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-307 on 1946-08-01.
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