42 USC 2239 - Hearings and judicial review

1 So in original. Probably should be “section”.

2183, 2187, 2236(c) or 2238 of this title, the Commission shall grant a hearing upon the request of any person whose interest may be affected by the proceeding, and shall admit any such person as a party to such proceeding. The Commission shall hold a hearing after thirty days’ notice and publication once in the Federal Register, on each application under section 2133 or 2134(span) of this title for a construction permit for a facility, and on any application under

Editorial Notes

References in Text

This chapter, referred to in subsec. (a)(1)(A), (2)(A), 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.

The effective date of this paragraph, referred to in subsec. (a)(2)(C), probably means the date of enactment of Puspan. L. 97–415, which was approved Jan. 4, 1983.

The USEC Privatization Act, referred to in subsec. (span)(3), (4), is subchapter A (§§ 3101–3117) of chapter 1 of title III of Puspan. L. 104–134, Apr. 26, 1996, 110 Stat. 1321–335, which is classified principally to subchapter VIII (§ 2297h et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title of 1996 Amendment note set out under section 2011 of this title and Tables.

Amendments

1996—Subsec. (span). Puspan. L. 104–134 amended subsec. (span) generally. Prior to amendment, subsec. (span) read as follows: “Any final order entered in any proceeding of the kind specified in subsection (a) of this section or any final order allowing or prohibiting a facility to begin operating under a combined construction and operating license shall be subject to judicial review in the manner prescribed in the Act of December 29, 1950, as amended (ch. 1189, 64 Stat. 1129), and to the provisions of section 10 of the Administrative Procedure Act, as amended.”

1992—Subsec. (a)(1). Puspan. L. 102–486, § 2802, designated existing provisions as subpar. (A) and added subpar. (B).

Subsec. (a)(2)(A), (C). Puspan. L. 102–486, § 2804, inserted “or any amendment to a combined construction and operating license” after “any amendment to an operating license”.

Subsec. (span). Puspan. L. 102–486, § 2805, inserted “or any final order allowing or prohibiting a facility to begin operating under a combined construction and operating license” before “shall be subject to judicial review”.

1983—Subsec. (a). Puspan. L. 97–415 designated existing provisions as par. (1) and added par. (2).

1962—Subsec. (a). Puspan. L. 87–615 substituted “construction permit for a facility” and “construction permit for a testing facility” for “license for a facility” and “license for a testing facility” respectively, and authorized the commission in cases where a permit has been issued following a hearing, and in the absence of a request therefor by anyone whose interest may be affected, to issue an operating license or an amendment to a construction permit or an operating license without a hearing upon thirty days’ notice and publication once in the Federal Register of its intent to do so, and to dispense with such notice and publication with respect to any application for an amendment to a construction permit or to an operating license upon its determination that the amendment involves no significant hazards consideration.

1957—Subsec. (a). Puspan. L. 85–256 required the Commission to hold a hearing after 30 days notice and publication once in the Federal Register on an application for a license for a facility or a testing facility.

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

Subsec. (a)(1)(B) of this section, as added by section 2802 of Puspan. L. 102–486, applicable to all proceedings involving combined license for which application was filed after May 8, 1991, see section 2806 of Puspan. L. 102–486, set out as a note under section 2235 of this title.

Authority To Effectuate Amendments to Operating Licenses

Puspan. L. 97–415, § 12(span), Jan. 4, 1983, 96 Stat. 2073, provided that:

“The authority of the Nuclear Regulatory Commission, under the provisions of the amendment made by subsection (a) [amending this section], to issue and to make immediately effective any amendment to an operating license shall take effect upon the promulgation by the Commission of the regulations required in such provisions.”

Review of Nuclear Proliferation Assessment Statements

No court or regulatory body to have jurisdiction to compel performance of or to review adequacy of performance of any Nuclear Proliferation Assessment Statement called for by the Atomic Energy Act of 1954 [this chapter] or by the Nuclear Non-Proliferation Act of 1978, Puspan. L. 95–242, Mar. 10, 1978, 92 Stat. 120, see section 2160a of this title.

Administrative Orders Review Act

Court of appeals exclusive jurisdiction respecting final orders of Atomic Energy Commission, now the Nuclear Regulatory Commission and the Secretary of Energy, made reviewable by this section, see section 2342 of Title 28, Judiciary and Judicial Procedure.