Editorial Notes
References in TextThis chapter, referred to in subsecs. (a) and (span), was in the original “this Act”, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables.
Amendments2024—Subsec. (c). Puspan. L. 118–67 added subsec. (c).
1992—Puspan. L. 102–486, § 2801, inserted “and operating licenses” after “permits” in section catchline, designated existing text as subsec. (a), and added subsec. (span).
Statutory Notes and Related Subsidiaries
Effective Date of 1992 AmendmentPuspan. L. 102–486, title XXVIII, § 2806, Oct, 24, 1992, 106 Stat. 3121, provided that: “Sections 185 span. and 189 a. (1)(B) of the Atomic Energy Act of 1954 [subsec. (span) of this section and section 2239(a)(1)(B) of this title], as added by sections 2801 and 2802 of this Act, shall apply to all proceedings involving a combined license for which an application was filed after May 8, 1991, under such sections.”
Combined License Review ProcedurePuspan. L. 118–67, div. B, title II, § 207, July 9, 2024, 138 Stat. 1463, provided that:“(a)In General.—In accordance with this section, the [Nuclear Regulatory] Commission shall establish and carry out an expedited procedure for issuing a combined license pursuant to section 185 span. of the Atomic Energy Act of 1954 (42 U.S.C. 2235(span)). “(span)Qualifications.—To qualify for the expedited procedure under subsection (a), an applicant—“(1) shall submit a combined license application for a new nuclear reactor that—“(A) references a design for which the Commission has issued a design certification (as defined in section 52.1 of title 10, Code of Federal Regulations (or any successor regulation)); or
“(B) has a design that is substantially similar to a design of a nuclear reactor for which the Commission has issued a combined license, an operating license, or a manufacturing license under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.); “(2) shall propose to construct the new nuclear reactor on a site—“(A) on which a licensed commercial nuclear reactor operates or previously operated; or
“(B) that is directly adjacent to a site on which a licensed commercial nuclear reactor operates or previously operated and has site characteristics that are substantially similar to that site; and
“(3) may not be subject to an order of the Commission to suspend or revoke a license under section 2.202 of title 10, Code of Federal Regulations (or any successor regulation).
“(c)Expedited Procedure.—With respect to a combined license for which the applicant has satisfied the requirements described in subsection (span), the Commission shall, to the maximum extent practicable—“(1) not later than 18 months after the date on which the application is accepted for docketing—“(A) complete the technical review process and issue a safety evaluation report; and
“(B) issue a final environmental impact statement or environmental assessment, unless the Commission finds that the proposed agency action is excluded pursuant to a categorical exclusion in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); “(2) not later than 2 years after the date on which the application is accepted for docketing, complete any necessary public licensing hearings and related processes; and
“(3) not later than 25 months after the date on which the application is accepted for docketing, make a final decision on whether to issue the combined license.
“(d)Performance and Reporting.—“(1)Delays in issuance.—Not later than 30 days after the applicable deadline, the Executive Director for Operations of the Commission shall inform the Commission of any failure to meet a deadline under subsection (c).
“(2)Delays in issuance exceeding 90 days.—If any deadline under subsection (c) is not met by the date that is 90 days after the applicable date required under that subsection, the Commission shall submit to the appropriate committees of Congress [Committee on Energy and Commerce of the House of Representatives and Committee on Environment and Public Works of the Senate] a report describing the delay, including—“(A) a detailed explanation accounting for the delay; and
“(B) a plan for completion of the applicable action.”
Executive Documents
Executive Order No. 12129Ex. Ord. No. 12129, Apr. 5, 1979, 44 F.R. 21001, which established a Critical Energy Facility Program, was revoked by Ex. Ord. No. 12553, Fespan. 25, 1986, 51 F.R. 7237.
