42 USC 2243 – Licensing of uranium enrichment facilities
(a) Environmental impact statement
(1) Major Federal action
The issuance of a license under sections 2073 and 2093 of this title for the construction and operation of any uranium enrichment facility shall be considered a major Federal action significantly affecting the quality of the human environment for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(2) Timing
An environmental impact statement prepared under paragraph (1) shall be prepared before the hearing on the issuance of a license for the construction and operation of a uranium enrichment facility is completed.
(b) Adjudicatory hearing
(1) In general
The Commission shall conduct a single adjudicatory hearing on the record with regard to the licensing of the construction and operation of a uranium enrichment facility under sections 2073 and 2093 of this title.
(2) Timing
Such hearing shall be completed and a decision issued before the issuance of a license for such construction and operation.
(3) Single proceeding
No further Commission licensing action shall be required to authorize operation.
(c) Inspection and operation
Prior to commencement of operation of a uranium enrichment facility licensed hereunder, the Commission shall verify through inspection that the facility has been constructed in accordance with the requirements of the license for construction and operation. The Commission shall publish notice of the inspection results in the Federal Register.
(d) Insurance and decommissioning
Terms Used In 42 USC 2243
- Commission: means the Atomic Energy Commission. See 42 USC 2014
- common defense and security: means the common defense and security of the United States. See 42 USC 2014
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- special nuclear material: means (1) plutonium, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the Commission, pursuant to the provisions of section 2071 of this title, determines to be special nuclear material, but does not include source material. See 42 USC 2014
- United States: when used in a geographical sense includes all territories and possessions of the United States, the Canal Zone and Puerto Rico. See 42 USC 2014
(1) The Commission shall require, as a condition of the issuance of a license under sections 2073 and 2093 of this title for a uranium enrichment facility, that the licensee have and maintain liability insurance of such type and in such amounts as the Commission judges appropriate to cover liability claims arising out of any occurrence within the United States, causing, within or outside the United States, bodily injury, sickness, disease, or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of chemical compounds containing source or special nuclear material.
(2) The Commission shall require, as a condition for the issuance of a license under sections 2073 and 2093 of this title for a uranium enrichment facility, that the licensee provide adequate assurance of the availability of funds for the decommissioning (including decontamination) of such facility using funding mechanisms that may include, but are not necessarily limited to, the following:
(A) Prepayment (in the form of a trust, escrow account, government fund, certificate of deposit, or deposit of government securities).
(B) Surety (in the form of a surety or performance bond, letter of credit, or line of credit), insurance, or other guarantee (including parent company guarantee) method.
(C) External sinking fund in which deposits are made at least annually.
(e) No Price-Anderson coverage
Section 2210 of this title shall not apply to any license under section 2073 or 2093 of this title for a uranium enrichment facility constructed after November 15, 1990.
(f) Limitation
No license or certificate of compliance may be issued to the United States Enrichment Corporation or its successor under this section or sections 1 2073, 2093, or 2297f of this title, if the Commission determines that—
(1) the Corporation is owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government; or
(2) the issuance of such a license or certificate of compliance would be inimical to—
(A) the common defense and security of the United States; or
(B) the maintenance of a reliable and economical domestic source of enrichment services.