42 U.S.C. § 2243

Licensing of uranium enrichment facilities

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(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.

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(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) LimitationNo license or certificate of compliance may be issued to the United States Enrichment Corporation or its successor under this section or sections 11 So in original. Probably should be “section”. 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.(Aug. 1, 1946, ch. 724, title I, § 193, as added Pub. L. 101–575, § 5(e), Nov. 15, 1990, 104 Stat. 2835; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; amended Pub. L. 104–134, title III, § 3116(b)(2), Apr. 26, 1996, 110 Stat. 1321–349.)Editorial NotesReferences in Text

The National Environmental Policy Act of 1969, referred to in subsec. (a)(1), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of this title and Tables.

Amendments

1996—Subsec. (f). Pub. L. 104–134 added subsec. (f).

Statutory Notes and Related SubsidiariesReferences to United States Enrichment Corporation

References to the United States Enrichment Corporation deemed, as of the privatization date (July 28, 1998), to be references to the private corporation, see section 3116(e) of Pub. L. 104–134, set out as a note under former section 2297 of this title.

Notes of Decisions

Cited in 5 cases (3 in the last 5 years), 2004–2024 · leading case: Nuclear Info. & Resource Serv. v. Nuclear Regulatory Comm'n, 509 F.3d 562 (D.C. Cir. 2007).

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Nuclear Info. & Resource Serv. v. Nuclear Regulatory Comm'n, 509 F.3d 562 (D.C. Cir. 2007). · cites it 7× “2834 , 2835-36 (codified as amended at 42 U.S.C. § 2243 ). During the next 13 years, the NRC received two such applications for uranium enrichment facilities, both filed by Louisiana Energy Services, L.”

Ohio Nuclear-Free Network v. NRC, 53 F.4th 236 (D.C. Cir. 2022). · cites it 2× “20 (a)(1), or for any proposed action for which the Congress or the Commission has categorically required an EIS, see 42 U.S.C. § 2243 (a)(1); 10 C.F.R. § 51.20 (a)(2), (b).”

Citizens Awareness Network, Inc. v. United States, 391 F.3d 338 (1st Cir. 2004). “In the one instance where no one disputes that the NRC must hold on-the-record hearings — the licensing of construction and operation of uranium enrichment facilities, see 42 U.S.C. § 2243 (b) — the Notice described this process as “requiring formal trial-type hearing procedures…”

Abdoulai Bah v. United States, 91 F.4th 116 (3rd Cir. 2024). “”) (emphasis added); 42 U.S.C. § 2243 (d)(1) (requiring uranium-enrichment facilities to obtain insurance that covers “loss of or damage to property” and “loss 9 position implicates the rule against surplusage: if “loss of property” encapsulated loss of use, then “loss of use of…”

Ohio Nuclear-Free Network v. NRC (D.C. Cir. 2022). · cites it 2× “20 (a)(1), or for any proposed action for which the Congress or the Commission has categorically required an EIS, see 42 U.S.C. § 2243 (a)(1); 10 C.F.R. § 51.20 (a)(2), (b).”

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