710 



§ 2137. Operators' licenses. 



The Commission shall — 



(a) prescribe uniform conditions for licensing in- 

 dividuals as operators of any of the various classes 

 of production and utilization facilities licensed in 

 this chapter; 



(b) determine the qualifications of such indi- 

 viduals; 



(c) issue licenses to such individuals in such form 

 as the Commission may prescribe; and 



(d) suspend such licenses for violations of any 

 provision of this chapter or any rule or regulation 

 issued thereunder whenever the Commission deems 

 such action desirable. (Aug. 1. 1946, ch. 724. § 107, 

 as added Aug. 30, 1954. ch. 1073, § 1, 68 Stat. 939.) 



Section Referred to in Other Sections 

 This section Is referred to In section 2282 of this title. 



§2140. Exclusions from license requirement. 



Nothing in this subchapter shall be deemed — 



(a) to require a license for ( 1 ) the processing, fab- 

 ricating, 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 opera- 

 tion of facilities under contract with and for the 

 account of the Commission; or 



(b) to require a license for the manufacture, pro- 

 duction, or acquisition by the Department of De- 

 fense 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 con- 

 tractor thereof. (Aug. 1. 1946, ch. 724, § 110. as 

 added Aug. 30, 1954. ch. 1073, § 1, 68 Stat. 939.) 



***** 



SUBCHAPTER XV— JUDICIAL REVIEW AND 

 ADMINISTRATIVE PROCEDURE 



Prior Provisions 



Provisluiis similar to those comprising this subchapter 

 were contained In section 14 of act Aug. 1, 1946, ch. 724, 

 60 Stat. 772 (formerly classified to section 1814 of this 

 title) prior to the complete amendment and renumber- 

 ing of act Aug 1, 1946 by act Aug. 30, 1954, 9:44 a. m , 

 E. D. T.ch. 1073. 68 Stat. 921. 



Subchapter Referred to in Other Sections 

 This subchapter Is referred to In section 2133 of this 

 title. 



§2231. Applicability of Administrative Procedure Act; 

 definitions. 



The provisions of the Administrative Procedure 

 Act shall apply to all agency action taken under this 

 chapter, and the terms "agency" and "agency ac- 

 tion" shall have the meaning specified in the Ad- 

 ministrative Procedure Act: Provided, however. 

 That in the case of agency proceedings or actions 

 which involve Restricted Data or defense informa- 

 tion, the Commission shall provide by regulation for 

 such parallel procedures as will effectively safe- 

 guard and prevent disclosure of Restricted Data or 

 defense information to unauthorized persons with 

 minimum impairment of the procedural rights 



which would be available if Restricted Data or de- 

 fense information were not involved. (Aug. 1, 1946, 

 ch. 724, § 181, as added Aug. 30, 1954, ch. 1073, § 1, 

 68 Stat. 953.) 



References in Text 

 The Administrative Procedure Act, referred to in text. 

 Is classified to sections 551 et seq and 701 et seq. of Title 

 5, Government Organization and Employees. 



§ 2232. License applications. 



(a) Contents and form. 



Each application for a license hereunder shall be 

 in writing and shall specifically state such informa- 

 tion as the Commission, by rule or regulation, may 

 determine to be necessary to decide such of the 

 technical and financial qualifications of the appli- 

 cant, the character of the applicant, the citizenship 

 of the applicant, or any other qualifications of the 

 applicant as the Commission may deem appropriate 

 for the license. In connection with applications for 

 licenses to operate production or utilization facili- 

 ties, the applicant shall state such technical specifi- 

 cations, including information of the amount, kind, 

 and source of special nuclear material required, the 

 place of the use, the specific characteristics of the 

 facility, and such other information as the Commis- 

 sion may, by rule or regulation, deem necessary in 

 order to enable it to find that the utilization or 

 production of special nuclear material will be in 

 accord with the common defense and security and 

 will provide adequate protection to the health and 

 safety of the public Such technical specifications 

 shall be a part of any license issued. The Commis- 

 sion may at any time after the filing of the original 

 application, and before the expiration of the license, 

 require further written statements in order to 

 enable the Commission to determine whether the 

 application should be granted or denied or whether 

 a license should be modified or revoked. All appli- 

 cations and statements shall be signed by the appli- 

 cant or licensee. Applications for, and statements 

 made in connection with, licenses under sections 

 2133 and 2134 of this title shall be made under oath 

 or affirmation. The Commission may require any 

 other applications or statements to be made under 

 oath or affirmation. 



(b) Review of applications by Advisory Committee on 

 Reactor Safeguards; report. 



The Advisory Committee on Reactor Safeguards 

 shall review each application under section 2133 or 

 section 2134(b) of this title for a construction permit 

 or an operating license for a facility, any application 

 under section 2134(c) of this title for a construction 

 permit or an operating license for a testing facility, 

 any application under subsection (a) or (c) of sec- 

 tion 2134 of this title specifically referred to it by 

 the Commission, and any application for an amend- 

 ment to a construction permit or an amendment to 

 an operating license under section 2133 or 2134(a). 

 (b), or (c) of this title specifically referred to it by 

 the Commission, and shall submit a report thereon 

 which shall be made part of the record of the appli- 

 cation and available to the public except to the ex- 

 tent that security classification prevents disclosure. 



(c) Commercial power; publication. 



The Commission shall not issue any license under 

 section 2133 of this title for a utilization or produc- 



