U.S. Code » Title 42 » Chapter CHAPTER 23— DEVELOPMENT AND CONTROL OF ATOMIC ENERGY › Division Division A— Atomic Energy › Subchapter SUBCHAPTER XV— JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE

42 U.S.C. § 2241

Atomic safety and licensing boards; establishment; membership; functions; compensation

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(a) Notwithstanding the provisions of sections 556(b) and 557(b) of title 5, the Commission is authorized to establish one or more atomic safety and licensing boards, each comprised of three members, one of whom shall be qualified in the conduct of administrative proceedings and two of whom shall have such technical or other qualifications as the Commission deems appropriate to the issues to be decided, to conduct such hearings as the Commission may direct and make such intermediate or final decisions as the Commission may authorize with respect to the granting, suspending, revoking or amending of any license or authorization under the provisions of this chapter, any other provision of law, or any regulation of the Commission issued thereunder. The Commission may delegate to a board such other regulatory functions as the Commission deems appropriate. The Commission may appoint a panel of qualified persons from which board members may be selected.(b) Board members may be appointed by the Commission from private life, or designated from the staff of the Commission or other Federal agency. Board members appointed from private life shall receive a per diem compensation for each day spent in meetings or conferences, and all members shall receive their necessary traveling or other expenses while engaged in the work of a board. The provisions of section 2203 of this title shall be applicable to board members appointed from private life.(Aug. 1, 1946, ch. 724, title I, § 191, as added Pub. L. 87–615, § 1, Aug. 29, 1962, 76 Stat. 409; amended Pub. L. 91–560, § 10, Dec. 19, 1970, 84 Stat. 1474; 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 subsec. (a), “sections 556(b) and 557(b) of title 5” substituted for “sections 7(a) and 8(a) of the Administrative Procedure Act [5 U.S.C. 1006(a), 1007(a)]” 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.

Amendments

1970—Subsec. (a). Pub. L. 91–560 required that two members of the board should have such technical or other qualifications the Commission deems appropriate to the issues to be decided.

Notes of Decisions
Cited in 45 cases (12 in the last 5 years), 1969–2026 · leading case: Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.
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Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc. (1978) scotus · cites it 2× “Thereupon a three-member Atomic Safety and Licensing Board conducts a public adjudicatory hearing, 42 U. S. C. § 2241 , and reaches a decision 4 which can be *527 appealed to the Atomic Safety and Licensing Appeal Board, and currently, in the Commission’s discretion, to the…”
Citizens Awareness Network, Inc. v. United States (2004) ca1 · cites it 2× “§ 2241 explicitly authorizes the Commission to empanel safety and licensing boards consisting of one person “qualified in the conduct of administrative proceedings” and two persons with “such technical or other qualifications as the Commission deems appropriate” to preside at…”
Oglala Sioux Tribe v. NRC (2022) cadc “The Commission may delegate these adjudicatory responsibilities to a three-member Atomic Safety and Licensing Board (“Licensing Board”), 42 U.S.C. § 2241 (a); 10 C.F.R. § 2.321 , the decisions of which are reviewable by the Commission, 10 C.”
Beyond Nuclear v. U.S. Nuclear Regulatory Commission (2013) ca1 “42 U.S.C. § 2241 (a). ASLBs now preside over most licensing hearings.”
Union of Concerned Scientists v. Atomic Energy Commission and United States of America, Boston Edison Company, Interveno (1974) cadc · cites it 2× “42 U.S.C. § 2241 (a). As conceived by Congress, the ASLB was to be “a flexible experiment in new administrative techniques,” enabling the Commission to draw on talents from outside the government and to delegate any of “a broad range of regulatory functions” while reserving to…”
John Richard Skowronek v. Edward G. Brennan, David Olushina John v. Edward G. Brennan (1990) ca7 · cites it 2× “Petitioner-appellants John Richard Skow-ronek and David Olushina John filed separate petitions in the Western District of Wisconsin for writs of habeas corpus seeking their immediate release under 42 U.S.C. § 2241 . The district court (Shabaz, J.”
State of VT Dept. of Pub. Serv v. Nuclear Regulatory Commission (2012) cadc “to conduct such hearings as the Commission may direct and make such intermediate or final decisions as the Commission may authorize with respect to the granting, suspending, revoking or amending of any license or authorization.”
Jose Abel Martinez v. A.M. Flowers (1998) ca10 “Petitioner Jose Abel Martinez appeals the district court’s denial of his 42 U.S.C. § 2241 petition for habeas corpus relief.”
Natural Resources Defense Council, Inc. v. United States Nuclear Regulatory Commission (1976) cadc “The Atomic Energy Commission (“AEC”) has delegated its review functions over Licensing Board decisions to Atomic Safety and Licensing Appeal Boards, subject to discretionary determination by the AEC itself of “major or novel questions of policy, law or procedure.”
Jordan v. Bailey (2013) nysd “3 In such a situation, federal court review under 42 U.S.C. § 2241 may be appropriate. This is not such a case.”
Commonwealth of Massachusetts v. US Nuclear Regulatory Commissi (2013) ca1 “42 U.S.C. § 2241 (a). ASLBs now preside over most licensing hearings.”
Brian Dennis Hunt v. Nuclear Regulatory Commission (1980) ca10 “Atomic Safety and Licensing Boards are provided for by 42 U.S.C. § 2241 . That statute reads as follows: Atomic safety and licensing boards; establishment; membership; functions; compensation (a) Notwithstanding the provisions of 7(a) and 8(a) of the Administrative Procedure…”
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