42 U.S.C. § 2282

Civil penalties

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(a) Violations of licensing requirements

Any person who (1) violates any licensing or certification provision of section 2073, 2092, 2093, 2111, 2112, 2131, 2133, 2134, 2137, 2139, or 2297f of this title or any rule, regulation, or order issued thereunder, or any term, condition, or limitation of any license or certification issued thereunder, (2) violates any provision of section 2077 of this title, or (3) commits any violation for which a license may be revoked under section 2236 of this title, shall be subject to a civil penalty, to be imposed by the Commission, of not to exceed $100,000 for each such violation. If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty. The Commission shall have the power to compromise, mitigate, or remit such penalties.

(b) Notice

Whenever the Commission has reason to believe that a person has become subject to the imposition of a civil penalty under the provisions of this section, it shall notify such person in writing (1) setting forth the date, facts, and nature of each act or omission with which the person is charged, (2) specifically identifying the particular provision or provisions of the section, rule, regulation, order, or license involved in the violation, and (3) advising of each penalty which the Commission proposes to impose and its amount. Such written notice shall be sent by registered or certified mail by the Commission to the last known address of such person. The person so notified shall be granted an opportunity to show in writing, within such reasonable period as the Commission shall by regulation prescribe, why such penalty should not be imposed. The notice shall also advise such person that upon failure to pay the civil penalty subsequently determined by the Commission, if any, the penalty may be collected by civil action.

On the request of the Commission, the Attorney General is authorized to institute a civil action to collect a penalty imposed pursuant to this section. The Attorney General shall have the exclusive power to compromise, mitigate, or remit such civil penalties as are referred to him for collection.

(Aug. 1, 1946, ch. 724, title I, § 234, as added Pub. L. 91–161, § 4, Dec. 24, 1969, 83 Stat. 444; amended Pub. L. 96–295, title II, § 206, June 30, 1980, 94 Stat. 787; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 104–134, title III, § 3116(d), Apr. 26, 1996, 110 Stat. 1321–350; Pub. L. 115–232, div. C, title XXXI, § 3116(b), Aug. 13, 2018, 132 Stat. 2291.)Editorial NotesAmendments

2018—Subsec. (a). Pub. L. 115–232 struck out “2077,” after “2073,” and substituted “(2) violates any provision of section 2077 of this title, or (3)” for “or (2)”.

1996—Subsec. (a). Pub. L. 104–134, in first sentence, substituted “any licensing or certification provision of section 2073, 2077, 2092, 2093, 2111, 2112, 2131, 2133, 2134, 2137, 2139, or 2297f of this title” for “any licensing provision of section 2073, 2077, 2092, 2093, 2111, 2112, 2131, 2133, 2134, 2137, or 2139 of this title” and “any license or certification issued thereunder” for “any license issued thereunder”.

1980—Subsec. (a). Pub. L. 96–295 substituted $100,000 penalty limitation per violation for $5,000 limit per violation and $25,000 limit for all violations taking place within any thirty consecutive day period.

Notes of Decisions

Cited in 14 cases, 1975–2020 · 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 5× “42 U. S. C. § 2282 (1976 ed. and Supp. V).”

Nat. Resources Def. Council v. Nuclear Regulatory Comm'n & United States of Am., 666 F.2d 595 (D.C. Cir. 1981). “See 42 U.S.C. § 2282 (a) (1976). In 1980, Congress amended section 2282 to provide for a civil penalty not to exceed $100,000 per violation.”

United States Nuclear Regulatory Comm'n v. Radiation Tech., Inc., 519 F. Supp. 1266 (D.N.J. 1981). · cites it 10× “INTRODUCTION On July 15, 1980, the United States Nuclear Regulatory Commission (hereinafter referred to as “NRC”, “Commission” or “AEC” 1 ), through the Attorney General, brought suit, pursuant to section 234(c) of the Atomic Energy Act of 1954, as amended, 42 U.S.C. § 2282 (c),…”

Boorstein v. CBS Interactive, Inc., 222 Cal. App. 4th 456 (Cal. Ct. App. 2013). “” (italics added)]; 42 U.S.C. § 2282 (a) [“Any person who . .”

Pub. Watchdogs v. S. California Edison Co., 984 F.3d 744 (9th Cir. 2020). “” NRC Information Digest at 5; see also 42 U.S.C. § 2282 (authorizing the NRC to issue civil penalties for licensing or certification violations).”

Atlas Roofing Co., Inc. v. Occupational Saf. & Health Review Comm'n, United States Dep't Oflabor, 518 F.2d 990 (5th Cir. 1975). “*1007 Agency-Citation Purpose Penalty Independent agencies: AEC: 42 U.S.C. § 2282 (1970). Violations of licensing requirements.”

In Re: Tmi, 67 F.3d 1103 (3rd Cir. 1995). · cites it 2× “In fact, although defendants contend that no one was injured by the TMI accident, they received a $155,000 fine for violations of various NRC regulations and technical specifications.”

Susquehanna Valley All. v. Three Mile Island Nuclear Reactor, 619 F.2d 231 (3rd Cir. 1980). “444 , authorizes the Commission to impose such penalties in the first instance, 42 U.S.C. § 2282 (a), while their collection is by a civil action instituted by the Attorney General at the Commissioner’s request.”

Crown Oil Corp. v. Superior Court, 177 Cal. App. 3d 604 (Cal. Ct. App. 1986). “42 U.S.C. § 2282 (1976 ed. and supp. V). However, the award of punitive damages in the present case does not conflict with that scheme.”

THERMAL Sci. v. US Nuclear Regulatory Com'n, 29 F. Supp. 2d 1068 (E.D. Mo. 1998). · cites it 7× “Section 234 of the AEA, 42 U.S.C. § 2282 , as most recently amended, provides that the NRC may issue civil monetary penalties to "[a]ny person who (1) violates any licensing or certification provision of .”

Drake v. Detroit Edison Co., 453 F. Supp. 1123 (W.D. Mich. 1978). “) Similarly, section 234 of the Act, 42 U.S.C. § 2282 , which deals with civil penalties, dictates that the required notice “shall .”

Constitutionality of Nuclear Regulatory Comm'n's Imposition of Civil Penalties on the Air Force (OLC 1989). · cites it 7× “42 U.S.C. § 2282 (a). The term “person” is defined specifically to include government agencies: The term “person” means (1) any individual, corporation, partnership, firm, association, trust, estate, public or pri vate institution, group, Government agency other than the…”

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