712 



facility authorized has been constructed and will 

 operate in conformity with the application as 

 amended and in conformity with the provisions of 

 this chapter and of the rules and regulations of the 

 Commission, and in the absence of any good cause 

 being shown to the Commission why the granting of 

 a license would not be in accordance with thf provi- 

 sions of this chapter, the Commission shall there- 

 upon Issue a license to the applicant. For all other 

 purposes of this chapter, a construction permit is 

 deemed to be a "license". (Aug. 1, 1946, ch. 724. 

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

 955.) 



Section Referred to in Other Sections 

 This section Is referred to In section 2210 of this title 



§2236. Revocation of licenses. 



(a) False applications; failure of performance. 



Any license may be revoked for any material false 

 statement in the application or any statement of 

 fact required under section 2232 of this title, or be- 

 cause of conditions revealed by such application or 

 statement of fact or any report, record, or Inspec- 

 tion or other means which would warrant the Com- 

 mission to refuse to grant a license on an original 

 application, or for failure to construct or operate 

 a facility in accordance with the terms of the con- 

 struction permit or license or the technical specifi- 

 cations in the application, or for violation of, or 

 failure to observe any of the terms and provisions 

 of this chapter or of any regulation of the 

 Commission. 



(b) Procedure. 



The Commission shall follow the provisions of 

 section 9(bi of the Administrative Procedure Act In 

 revoking any license. 



(c) Repossession of material. 



Upon revocation of the license, the Commission 

 may Immediately retake possession of all special nu- 

 clear material held by the licensee. In cases found 

 by the Commission to be of extreme importance to 

 the national defense and security or to the health 

 and safety of the public, the Commission may re- 

 capture any special nuclear material held by the 

 licensee or may enter upon and operate the facility 

 prior to any of the procedures provided under the 

 Administrative Procedure Act. Just compensation 

 shall be paid for the use of the facility. (Aug. 1, 

 1946, ch. 724, § 186, as added Aug. 30, 1954. ch. 1073, 

 § 1. 68 Stat. 955.) 



RErERENCES IN TEXT 



Section 9(b) of the Administrative Procedure Act. 

 referred to In subsec. (b), was repealed In the general 

 revision of TlUe 5. and Is now covered by section 558(c) 

 of Title 5. Government Organization and Employees. 



The Administrative Procedure Act. referred to In BUb- 

 sec. (c). was repealed In the general revision of Title 5. 

 and the provisions are now covered by sections 551 et seq 

 and 701 et seq. of Title 5. 



Section Referred to in Other Sections 

 This section Is referred to In sections 2238. 2239. 2282 



of this title. 



§ 2237. Modification of license. 



The terms and condition's of all licenses shall be 

 subject to amendment, revision, or modification, by 

 reason of amendments of this chapter or by reason 



of rules and regulations issued in accordance with 

 the termsof this chapter. (Aug. 1, 1946, ch. 724, 

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

 955.) 



§2238. Continued operation of facilities. 



Whenever the Commission finds that the public 

 convenience and necessity or the production pro- 

 gram of the Commission requires continued opera- 

 tion of a production facility or utilization facility 

 the licerise for which has been revoked pursuant to 

 section 2236 of this title, the Commission may, after 

 consultation with the appropriate regulatory 

 agency. State or Federal, having jurisdiction, order 

 that possession be taken of and such facility be op- 

 erated for such period of time as the public conven- 

 ience and necessity or the production program of 

 the Commission may, in the judgment of the Com- 

 mission, require, or until a license for the operation 

 of the facility shall become effective. Just com- 

 pensation shall be paid for the use of the facility. 

 (Aug. 1. 1946. ch. 724. § 188. as added Aug. 30, 1954, 

 ch. 1073, § 1, 68 Stat. 955.) 



Section Referred to in Other Sections 

 This section Is referred to In section 2239 of this title. 



§ 2239. Hearings and judicial review. 



(a) In any proceeding under this chapter, for the 

 granting, suspending, revoking, or amending of any 

 license or construction permit, or application to 

 transfer control, and in any proceeding for the is- 

 suance or modification of rules and regulations 

 dealing with the activities of licensees, and In any 

 proceeding for the payment of compensation, an 

 award or royalties under sections 2183, 2187, 2236 

 (O or 2238 of this title, the Commission shall grant 

 a hearing upon the request of any person whose In- 

 terest may be affected by the proceeding, and shall 

 admit any such person as a party to such proceeding. 

 The Commission shall hold a hearing after thirty 

 days' notice and publication once in the Federal 

 Register, on each application under section 2133 or 

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

 facility, and on any application under section 2134 

 (c) of this title for a construction permit for a test- 

 ing facility. In cases where such a construction 

 permit has been issued following the holding of such 

 a hearing, the Commission may. in the absence of a 

 request therefor by any person whose interest may 

 be affected, issue an operating license or an amend- 

 ment to a construction permit or an amendment to 

 an operating license without a hearing, but upon 

 thirty days' notice and publication once in the Fed- 

 eral Register of its intent to do so. The Commission 

 may dispense with such thirty days' notice and pub- 

 lication with respect to any application for an 

 amendment to a construction permit or an amend- 

 ment to an operating license upon a determination 

 bv the Commission that the amendment involves no 

 significant hazards consideration. 



(b) Any final order entered in any proceeding of 

 the kind specified in subsection (a) of this section 

 shall be subject to judicial review In the manner 

 prescribed in the Act of December 29. 1950. as 

 amended, and to the provisions of section 10 of the 



