42 U.S.C. § 2236

Revocation of licenses

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(a) False applications; failure of performance

Any license may be revoked for any material false statement in the application or any statement of fact required under section 2232 of this title, or because of conditions revealed by such application or statement of fact or any report, record, or inspection or other means which would warrant the Commission to refuse to grant a license on an original application, or for failure to construct or operate a facility in accordance with the terms of the construction permit or license or the technical specifications in the application, or for violation of, or failure to observe any of the terms and provisions of this chapter or of any regulation of the Commission.

(b) Procedure

The Commission shall follow the provisions of section 558(c) of title 5 in revoking any license.

Upon revocation of the license, the Commission may immediately retake possession of all special nuclear material held by the licensee. In cases found by the Commission to be of extreme importance to the national defense and security or to the health and safety of the public, the Commission may recapture any special nuclear material held by the licensee or may enter upon and operate the facility prior to any of the procedures provided under subchapter II of chapter 5 and chapter 7 of title 5. Just compensation shall be paid for the use of the facility.

(Aug. 1, 1946, ch. 724, title I, § 186, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 955; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)Editorial NotesReferences in Text

This chapter, referred to in subsec. (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.

Codification

In subsecs. (b) and (c), “section 558(c) of title 5” and “subchapter II of chapter 5 and chapter 7 of title 5” substituted for “section 9(b) of the Administrative Procedure Act [5 U.S.C. 1008(b)]” and “the Administration Procedure Act [5 U.S.C. 1001–1011]”, respectively, on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

Notes of Decisions

Cited in 16 cases (2 in the last 5 years), 1969–2024 · leading case: Silkwood v. Kerr-McGee Corp., 464 U.S. 238 (1984).

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Silkwood v. Kerr-McGee Corp., 464 U.S. 238 (1984). · cites it 2× “42 U. S. C. §§ 2236 , 2280, and 2282 (1976 ed.”

Rockford League of Women Voters v. United States Nuclear Regulatory Comm'n, Commonwealth Edison Co., Intervenor-Respondent, 679 F.2d 1218 (7th Cir. 1982). · cites it 2× “42 U.S.C. § 2236 (a). A regulation promulgated by the Commission delegates the Commission’s authority under this section, so far as is relevant to this-case, to the Director of Nuclear Reactor Regulation.”

Beyond Nuclear, Inc. v. NRC, 113 F.4th 956 (D.C. Cir. 2024). · cites it 2× “” 42 U.S.C. § 2236 (a). As already discussed, Holtec’s initial application indicated that it would contract with DOE for the storage of spent nuclear fuel.”

Commonwealth of Massachusetts v. US Nuclear Regulatory Commissi, 708 F.3d 63 (1st Cir. 2013). “” 42 U.S.C. § 2236 (a). 25 This provision “reflects a deliberate policy choice on the part of Congress .”

Allied-Gen. Nuclear Servs. v. United States, 12 Cl. Ct. 372 (Ct. Cl. 1987). · cites it 2× “42 U.S.C. § 2236 . For the purposes of the pending motions, and based on the facts set forth in detail in the Appendix, it is concluded that, prior to 1977, the government encouraged and exhorted private commercial enterprises to enter the field of nuclear generation of power…”

San Luis Obispo Mothers for Peace v. United States Nuclear Regulatory Comm'n, 100 F.4th 1039 (9th Cir. 2024). “, 42 U.S.C. § 2236 (a); 10 C.F.R. § 50.100 ; 10 C.”

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). “See 42 U.S.C. §§ 2236 , 2237. . Pub.L. No. 93-637, Title II, § 202(a), 88 Stat.”

Porter Cnty. Chapter of the Izaak Walton League of Am., Inc. v. Nuclear Regulatory Comm'n, 606 F.2d 1363 (D.C. Cir. 1979). “42 U.S.C. § 2236 (a) (1976). . Section 186(b) provides that section 558(c) of the APA, 5 U.”

Massachusetts Pub. Interest Rsch. Grp., Inc. v. United States Nuclear Regulatory Comm'n, 852 F.2d 9 (1st Cir. 1988). · cites it 3× “, 42 U.S.C. § 2236 (a) (“Any license may be revoked for any material false statement .”

Nader v. Ray, 363 F. Supp. 946 (D.D.C. 1973). “On May 31, 1973 plaintiffs filed a verified complaint alleging that the defendant United States Atomic Energy Commission (“AEC” or “Commission”) was in violation of § 186(a) of the Atomic Energy Act of 1954 ( 42 U.S.C. § 2236 (a)) and also in violation of its own regulations (…”

Arnow v. United States Nuclear Regulatory Comm'n, 868 F.2d 223 (7th Cir. 1989). · cites it 2× “which would warrant the Commission to refuse to grant a license on an original application_” 42 U.S.C. § 2236 (a); see Rockford League of Women Voters v.”

Drake v. Detroit Edison Co., 453 F. Supp. 1123 (W.D. Mich. 1978). “See also 42 U.S.C. § 2236 (“Any license may be revoked .”

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