711 



tion facility for the generation of commercfial fxiwer 

 until it has given notice in writing to such regula- 

 tory agency as may have jurisdiction over the rates 

 and services incident to the proposed activity: until 

 it has published notice of the ap>pUcation in such 

 trade or news publications as the Commission deems 

 appropriate to give reasonable notice to munioiF>ali- 

 tles. private utilities, public bodies, and cooperatives 

 which might have a potential interest in such utili- 

 zation or production facility; and until it has pub- 

 lished notice of such application once each week for 

 four consecutive weeks in the Federal Register, and 

 until four weeks after the last notice. 



(d) Preferred consideration. 



The Commission, in issuing any license for a 

 utilization or production facility for the generation 

 of commercial power under section 2133 of this title, 

 shall give preferred consideration to applications for 

 such facilities which will be located in high cost 

 power areas iii the United States If there are con- 

 flicting applications for a limited opportunity for 

 such licence. Where such conflicting applications 

 resulting from limited opportunity for such license 

 iiKlude those submitted by public or cooperative 

 bodies such applications shall be given preferred 

 consideration. (Aug. 1, 1946, ch. 724, § 182, as 

 added Aug. 30, 1954, ch. 1073, § 1, 68 SUt. 953. and 

 amended Aug. 6, 1956, ch. 1015, §5, 70 Stat. 1070; 

 Sept. 2, 1957, Pub. L. 85-256, § 6, 71 Stat. 579; Aug. 

 29, 1962, Pub. L. 87-615, §3, 76 Stat. 409; Dec. 19. 

 1970, Pub. L. 91-560, § 9, 84 Stat. 1474.) 

 Amendments 



1970 — Subsec (c) . Pub. L 91-560 substituted provisions 

 requiring notification by publication giving reasonable 

 notice to municipalities, private utilities, public bodies, 

 and cooperatives which might have a potential Interest 

 in such utilization or production facility, for provisions 

 requiring notice In writing to municipalities, private 

 utlitles, public bodies and cooperatives within trans- 

 mission distance authorized to engage In the distribution 

 of electric energy. 



1962 — Subsec (b) Pub. L. 87-€15 substituted pro- 

 visions requiring review of applications under sections 

 2133 or 2134(b) of this title for a construction permit 

 or an operating license for a facility, or under section 

 2134(c) of this title for a testing facility, for provisions 

 which required review of license applications lor such 

 facilities, and inserted provisions requiring review of 

 any application for an amendment to a construction 

 permit or operating license under sections 2133 or 2134 

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

 the Commission. 



1957 — Subsec (b). Pub. L. 85-256 added subsec. (b) 

 and also redesignated former subsec. (b) as (c). 



Subsecs (c) and (d) Pub L 85-256 redesignated for- 

 mer subsecs. (b) and (c) as (c) and (d). 



1956 — Subsec. (a) Act Aug. 6. 1956 eliminated words 

 "under oath or affirmation" from the last sentence, and 

 added two sentences at the end requiring applications 

 and statements in connection with sections 2133 and 2134 

 to be made under oath or affirmation and authorizing 

 Commission to require any other applications or state- 

 ments to be made under oath or affirmation. 



Section Referred to in Other Sections 

 This section Is referred to in section 2236 of this title. 



§ 2233. Terms of licenses. 



Each license shall be in such form and contain 

 such terms and conditions as the Commission may. 

 by rule or regulation, prescribe to effectuate the pro- 



visions of this chapter, including the following pro- 

 visions: 



(a) Repealed. Pub. L. 88-489, § 18, Aug. 26, 1964, 

 78 Stat. 607. 



(b) No right to the special nuclear material shall 

 be conferred by the license except as defined by the 

 license. 



(c) Neither the license nor any right under the 

 license shall be assigned or otherwise transferred 

 in violation of the provisions of this chapter. 



<d) Every license issued under this chapter shall 

 be subject to the right of recapture or control re- 

 served by section 2138 of this title, and to all of the 

 other provisions of this chapter, now or hereafter in 

 effect and to all valid rules and regulations of the 

 Commission. (Aug. 1, 1946, ch. 724, § 183. as added 

 Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 954, and amended 

 Aug. 26. 1964, Pub. L. 88-489, § 18, 78 Stat. 607.) 

 Amendments 



1964 — Par (a). Pub L 88-489 deleted par (a) which 

 placed title to all special nuclear material utilized or pro- 

 duced by faciUtie* pursuant to license in the United States 

 at ail time* 



§ 2234. Inalienability of licenses. 



No license granted hereunder and no right to 

 utilize or produce special nuclear material granted 

 hereby shall be transferred, assigned or in any 

 manner disposed of, either voluntarily or involun- 

 tarily, directly or indirectly, through transfer of 

 control of any license to any person, unless the 

 Commission shall, after securing full information, 

 find that the transfer is in accordance with the 

 provisions of this chapter, and shall give its consent 

 in writing. The Conunission may give such consent 

 to the creation of a mortgage, pledge, or other lien 

 upon any facility or special nuclear material, owned 

 or thereafter acquired by a licensee, or upon any 

 leasehold or other interest to such facility, and the 

 rights of the creditors so secured may thereafter be 

 enforced by any court subject to rules and regula- 

 tions established by the Commission to protect pub- 

 lic health and safety and promote the common de- 

 fense and security. (Aug. 1, 1946, ch. 724, § 184, as 

 added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 954, and 

 amended Aug. 26, 1964, Pub. L. 88-489, § 19, 78 Stat. 

 607.) 



Amendments 



1964 — Pub. L 88-489 Inserted "or special nuclear mate- 

 rial," following "lien upon any facility" and substituted 

 "Interest in such facility" for "Interest in such property." 



§2235. Construction permits. 



All applicants for licenses to construct or modify 

 production or utilization facilities shall, if the appli- 

 cation is otherwise acceptable to the Commission, 

 be initially granted a construction permit. The 

 construction permit shall state the earliest and latest 

 dates for the completion of the construction or modi- 

 fication. Unless the construction or modification 

 of the facility is completed by the completion date, 

 the construction permit shall expire, and all rights 

 thereunder be forfeited, unless upon good cause 

 shown, the Commission extends the completion date. 

 Upon the completion of the construction or modifi- 

 cation of the facility, upon the filing of any addi- 

 tional information needed to bring the original 

 application up to date, and upon finding that the 



