42 U.S.C. § 2134

Medical, industrial, and commercial licenses

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 42 CasesGoogle Scholar

(a) Medical therapy

The Commission is authorized to issue licenses to persons applying therefor for utilization facilities for use in medical therapy. In issuing such licenses the Commission is directed to permit the widest amount of effective medical therapy possible with the amount of special nuclear material available for such purposes and to impose the minimum amount of regulation consistent with its obligations under this chapter to promote the common defense and security and to protect the health and safety of the public.

(b) Industrial and commercial purposes

As provided for in subsection (b) or (c) of section 2132 of this title, or where specifically authorized by law, the Commission is authorized to issue licenses under this subsection to persons applying therefor for utilization and production facilities for industrial and commercial purposes. In issuing licenses under this subsection, the Commission shall impose the minimum amount of such regulations and terms of license as will permit the Commission to fulfill its obligations under this chapter.

Subject to paragraphs (2) and (3), the Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 2051 of this title.

(2) Regulation

The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this chapter to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development.

(3) Limitation on utilization facilitiesThe Commission may issue a license under this section for a utilization facility useful in the conduct of research and development activities of the types specified in section 2051 of this title if—(A) not more than 75 percent of the annual costs to the licensee of owning and operating the facility are devoted to the sale, other than for research and development or education and training, of—(i) nonenergy services;(ii) energy; or(iii) a combination of nonenergy services and energy; and(B) not more than 50 percent of the annual costs to the licensee of owning and operating the facility are devoted to the sale of energy.(d) Limitations

No license under this section may be given to any person for activities which are not under or within the jurisdiction of the United States, except for the export of production or utilization facilities under terms of an agreement for cooperation arranged pursuant to section 2153 of this title or except under the provisions of section 2139 of this title. No license may be issued to any corporation or other entity if the Commission knows or has reason to believe it is owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government. In any event, no license may be issued to any person within the United States if, in the opinion of the Commission, the issuance of a license to such person would be inimical to the common defense and security or to the health and safety of the public.

(Aug. 1, 1946, ch. 724, title I, § 104, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 937; amended Pub. L. 91–560, § 5, Dec. 19, 1970, 84 Stat. 1472; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 115–439, title I, § 106(b), Jan. 14, 2019, 132 Stat. 5577; Pub. L. 118–67, div. B, title VI, § 601, July 9, 2024, 138 Stat. 1481.)Editorial NotesReferences in Text

This chapter, referred to in subsecs. (a), (b), and (c)(2), 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.

Amendments

2024—Subsec. (c). Pub. L. 118–67 inserted subsec. heading; designated first sentence as par. (1), inserted par. heading, and substituted “Subject to paragraphs (2) and (3), the Commission” for “The Commission”; designated second sentence as par. (2) and inserted heading; and substituted par. (3) for third sentence which read as follows: “The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 2051 of this title in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.”

2019—Subsec. (c). Pub. L. 115–439 struck out “and which are not facilities of the type specified in subsection (b)” after “section 2051 of this title” and inserted at end “The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 2051 of this title in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.”

1970—Subsec. (b). Pub. L. 91–560 substituted provisions authorizing the issue of licenses for utilization or production facilities for industrial or commercial purposes (i) where specifically authorized by law or (ii) where the facility was constructed or operated under an arrangement with the Commission entered into under the cooperative power reactor demonstration program, and the applicable statutory authorization does not require licensing under section 2133, or (iii) where the facility was theretofore licensed under section 2134(b), for provisions authorizing the issue of licenses for utilization and production facilities involved in the conduct of research and development activities leading to the demonstration of the practical value of such facilities for industrial and commercial purposes.

Statutory Notes and Related SubsidiariesEncouraging Private Investment in Research and Test Reactors

Pub. L. 115–439, title I, § 106(a), Jan. 14, 2019, 132 Stat. 5577, provided that: “The purpose of this section [amending this section] is to encourage private investment in research and test reactors.”

Notes of Decisions

Cited in 16 cases, 1960–2003 · leading case: Power Reactor Dev. Co. v. Int'l Union of Elec., Radio & Mach. Workers, 367 U.S. 396 (1961).

Sort: Relevance Newest Treatment

Power Reactor Dev. Co. v. Int'l Union of Elec., Radio & Mach. Workers, 367 U.S. 396 (1961). · cites it 2× “The *404 basic provision is § 104b of the Atomic Energy Act of 1954, 42 U. S. C. § 2134 (b), which authorizes the AEC to "issue licenses to persons applying therefor for utilization and production facilities involved in the conduct of research and development activities .”

N. States Power Co. v. The State of Minnesota, the Minnesota Pollution Control Agency, 447 F.2d 1143 (8th Cir. 1971). “Construction of the Monticello plant was authorized by a provisional permit issued June 19, 1967, by the AEC pursuant to Section 104(b) of the Atomic Energy Act of 1954, as amended ( 42 U.S.C. § 2134 (b)), and the regulations contained in 10 C.”

Ellis Fischel State Cancer Hosp. v. Ray Marshall, Sec'y, United States Dep't of Labor, Clifford W. Richter, Intervenor/respondent, 629 F.2d 563 (8th Cir. 1980). “” 42 U.S.C. § 2134 (a). Petitioner seems to read this provision to mean that regulations are valid only if consistent both with the common defense and security and also with the public health and safety.”

The Easton Utils. Comm'n v. Atomic Energy Comm'n & United States of Am., Philadelphia Elec. Co., Intervenors, 424 F.2d 847 (D.C. Cir. 1970). “The application was filed pursuant to section 104(b) of the Atomic Energy *849 Act, 42 U.S.C. § 2134 (b) (1964), which authorizes the Commission to issue licenses for, inter alia, “utilization * * * facilities involved in the conduct of research and development activities…”

Cities of Statesville v. Atomic Energy Comm'n, 441 F.2d 962 (D.C. Cir. 1969). · cites it 4× “This application was filed in compliance with section 104(b) of the Atomic Energy Act of 1954, 42 U.S.C. § 2134 (b) (1964), with a view toward construction of “utilization and production facilities involved in the conduct of research and development activities leading to the…”

United States v. City of New York, 463 F. Supp. 604 (S.D.N.Y. 1978). “Defendants argue that the City ordinance and the decision denying Columbia a certificate were therefore proper exercises of their police power to regulate on the fringe of a federally preempted area.”

Citizens for Safe Power, Inc., & Audubon Naturalist Council v. Nuclear Regulatory Comm'n, Maine Yankee Atomic Power Co., Intervenor, 524 F.2d 1291 (D.C. Cir. 1975). “Section 104(d) ( 42 U.S.C. § 2134 (d)), applicable by reason of Section 102(b) ( 42 U.”

Heinrich Ex Rel. Heinrich v. Sweet, 83 F. Supp. 2d 214 (D. Mass. 2000). “” 42 U.S.C. § 2134 . The Commission established the Division of Biology and Medicine (the “Division”) to oversee “research relating to atomic energy in the fields of biology and medicine.”

Maine Yankee Atomic Power Co. v. Bonsey, 107 F. Supp. 2d 47 (D. Me. 2000). “It operated the plant under an Atomic Energy Commission (“AEC”) licence issued pursuant to 42 U.S.C. § 2134 (b) and 10 C.F.R. Part 50 (a “Part 50 operating license” or “operating licence”).”

Bibeau v. Pac. Nw. Rsch. Found., Inc., 339 F.3d 942 (9th Cir. 2003). “See 42 U.S.C. § 2134 . . The Government did not specifically address the Bibeaus’ IIED claims in its original motion to dismiss.”

Ft. Pierce Utils. Auth. v. United States, 606 F.2d 986 (D.C. Cir. 1979). · cites it 2× “Section 104 of the Atomic Energy Act, 42 U.S.C. § 2134 (1976), provides in relevant part: (b) As provided for in subsection (b) or (c) of section 2132 of this title, or where specifically authorized by law, the Commission is authorized to issue licenses under this subsection to…”

Earle L. Reynolds v. United States, 286 F.2d 433 (9th Cir. 1960). ““The Commission shall issue such licenses on a nonexclusive basis to persons applying therefor (1) * * *; (2) who are equipped to observe and who agree to observe such safety standards to protect health and to minimize danger to life or property as the Commission may by rule…”

Show all 16 citing cases →

— 42 U.S.C. § 2134(b) — 1 case

Int'l Union of Elec., Radio & Mach. Workers v. United States, 280 F.2d 645 (D.C. Cir. 1960).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.