U.S. Code » Title 42 » Chapter CHAPTER 23— DEVELOPMENT AND CONTROL OF ATOMIC ENERGY › Division Division A— Atomic Energy › Subchapter SUBCHAPTER IX— ATOMIC ENERGY LICENSES

42 U.S.C. § 2140

Exclusions from license requirement

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Nothing in this subchapter shall be deemed—(a) to require a license for (1) the processing, fabricating, or refining of special nuclear material, or the separation of special nuclear material, or the separation of special nuclear material from other substances, under contract with and for the account of the Commission; or (2) the construction or operation of facilities under contract with and for the account of the Commission; or(b) to require a license for the manufacture, production, or acquisition by the Department of Defense of any utilization facility authorized pursuant to section 2121 of this title, or for the use of such facility by the Department of Defense or a contractor thereof.(Aug. 1, 1946, ch. 724, title I, § 110, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 939; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
Notes of Decisions
Cited in 6 cases, 1978–2010 · leading case: United States v. Sci. Applications Int'l Corp., 653 F. Supp. 2d 87 (D.D.C. 2009).
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United States v. Sci. Applications Int'l Corp., 653 F. Supp. 2d 87 (D.D.C. 2009). · cites it 3× “§ 2140 (a)(1) certain work performed for the DOE is not subject to NRC regulation, it does not follow that an entity which performs work outside the scope of the DOE exclusion can avoid NRC regulation for all purposes. Unlike in K & R, the government presented evidence here that…”
United States v. Sci. Applications Int'l Corp., 626 F.3d 1257 (D.C. Cir. 2010). “6-7, between the NRC and DOE under which prime-DOE contractors are exempt from NRC licensing requirements for work performed at DOE sites owned by the government, see 42 U.S.C. § 2140 (a); 10 C.F.R. §§ 30.12 , 40.”
Nat. Resources Def. Council, Inc. v. Adm'r, Energy Rsch. & Dev. Admin., 451 F. Supp. 1245 (D.D.C. 1978). “All parties agree that unless the storage tanks in issue are within the purview of section 202(4), they are exempt from licensing pursuant to 42 U.S.C. § 2140 . 5 . Plaintiffs also argue in support of their “20-year” argument that the “retrievable surface storage facilities”…”
Waste Control Specialists, LLC v. United States Dep't of Energy, 141 F.3d 564 (5th Cir. 1998). “42 U.S.C. § 2140 (a). "Commission” refers to the Atomic Energy Commission.”
United States v. Sci. Applications Int'l Corp. (D.D.C. 2009). · cites it 2× “) SAIC specifically cites 42 U.S.C. § 2140 (a)(1), which excludes from NRC regulation, -19- (1) the processing, fabricating, or refining of special nuclear material, or the separation of special nuclear material, or the separation of special nuclear material from other…”
Constitutionality of Nuclear Regulatory Comm'n's Imposition of Civil Penalties on the Air Force (OLC 1989). “See 42 U.S C. § 2140(b). 132 a cease and desist order.”
— 42 U.S.C. § 2140(b) — 1 case
Constitutionality of Nuclear Regulatory Comm'n's Imposition of Civil Penalties on the Air Force (OLC 1989). “See 42 U.S C. § 2140(b). 132 a cease and desist order.”
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