713 



Administrative Procedure Act, as amended (Aug, 1, 

 1946, ch 724, § 189, as added Aug. 30, 1954, ch. 1073. 

 § 1, 68 Stat. 955, and amended Sept. 2, 1957, Pub. L. 

 85-256, § 7, 71 Stat. 579; Aug. 29, 1962, Pub. L. 87- 

 615, § 2. 76 Stat. 409.) 



References in Text 



The Act of December 29, 1950, as amended, referred to 

 In subsec (b), was repealed In the general revision of 

 Title 5, and the provisions are now covered by section 

 2341 et seq. of Title 28, Judiciary and Judicial Proce- 

 dure. 



Section 10 of the Administrative Procedure Act, as 

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 was repealed In the 

 general revision of Title 5, and Is now covered by section 

 701 et seq of Title 5. Government Organization and 

 Einployees. 



Amendments 



1962— Subsec (a). Pub L 87-615 substituted "con- 

 struction permit for a facility" and "construction permit 

 for a testing facility" for "license for a facility" and 

 "license for a testing facility" respectively, and authorized 

 the commission in cases where a permit has been issued 

 following a hearing, and in the absence of a request 

 therefor by anyone whose Interest may be affected, to 

 Issue an operating license or an amendment to a con- 

 struction permit or an operating license without a hear- 

 ing upon thirty days' notice and publication once In 

 the Federal Register of Its Intent to do so, and to dis- 

 pense with such notice and publication with respect to 

 any application for an amendment to a construction 

 permit or to an operating license upon Its determina- 

 tion that the amendment Involves no significant hazards 

 consideration 



1957 — Subsec (a). Pub. L. 85-256 required the Com- 

 mission to hold a hearing after 30 days notice and publi- 

 cation once In the Federal Register on an application for 

 a license for a facility or a testing facility 



Section Referred to in Other Sections 

 This section is referred to In title 28 section 2342. 



§ 2240. Licensee incident reports as evidence. 



No report by any licensee of any incident arising 

 out of or in connection with a licensed activity made 

 pursuant to any requirement of the Commission 

 shall be admitted as evidence in any suit or action 

 for damages growing out of any matter mentioned 

 in such report. (Aug. 1, 1946, ch. 724, § 190, as 

 added Sept. 6, 1961, Pub. L. 87-206, § 16, 75 Stat. 479.) 



§2241. Atomic safety and licensing boards; establish- 

 ment; membership; functions; compensation. 



(a) Notwithstanding the provisions of 7(a) and 8 

 (a) of the Administrative Procedure Act, the Com- 

 mission is authorized to establish one or more atomic 

 safety and licensing boards, each comprised of three 

 members, one of whom shall be qualified in the con- 

 duct of administrative proceedings and two of whom 

 Ghall have such technical or other qualifications as 

 the Commission deems appropriate to the issues to be 

 decided, to conduct such heiarings as the Commis- 

 sion may direct and make such intermediate or 

 final decisions as the Commission may authorize 

 with respect to the granting, suspending, revoking 

 or amending of any license or authorization under 

 the provisions of this chapter, any other provision 

 of law, or any regulation of the Commission issued 

 thereunder. The Commission may delegate to a board 

 such other regulatory functions as the Commission 

 deems appropriate. The Commission may appoint a 

 panel of qualified persons from which board mem- 

 bers may be selected. 



(b) Board members may be appointed by the 

 Commission from private life, or designated from 

 the staff of the Commission or other Federal agency. 

 Board members appointed from private life shall 

 receive a per diem compensation for each day spent 

 in meetings or conferences, and all members shall 

 receive their necessary traveling or other expenses 

 while p".gaged in the work of a board. The provi- 

 sions of section 2203 of this title shall be applicable 

 to board members appointed from private life. 

 'Aug. 1, 1946, ch. 724, § 191, as added Aug. 29, 1962, 

 Pub. L. 87-615, § 1, 76 Stat. 409, and amended Dec. 19. 

 1970, Pub. L 91-560, § 10, 84 Stat. 1474.) 

 References in Text 



Sections 7(a) and 8(a) of the Administrative Procedure 

 Act. referred to In subsec (a), were repealed In the gen- 

 eral revision of Title 5. and the provisions are now covered 

 by sections 556 and 557. respectively of Title 5, Govern- 

 ment Organization and Employees 



Amendments 

 1970 — Subsec (a). Pub L 91-560 required that two 

 members of the board should have such technical or other 

 qualifications the Commission deems appropriate to the 

 Issues to be decided 



§ 2242. Temporary operating licenses for nuclear 

 power reactors. 



(a) Prerequisites for filing applications; affidavits; 

 hearing. 



In any proceeding upon an application for an op- 

 erating license for a nuclear power reactor, in which 

 a hearing Is otherwise required pursuant to section 

 2239(a) of this title, the applicant may petition the 

 Commission for a temporary operating license au- 

 thorizing operation of the facility pending final ac- 

 tion by the CX)mmisslon on the application. Such 

 petition may be filed at any time after filing of: (1) 

 the report of the Advisory Committee on Reactor 

 Safeguards required by section 2232(b) of this title; 

 (2) the safety evaluation of the application by the 

 Commission's regulatory staff; and (3) the regula- 

 tory staff's final detailed statement on the environ- 

 mental impact of the facility prepared pursuant 

 to section 4332(2) (C) of this title or, In the case of 

 an ap>plicatlon for operating license filed on or be- 

 fore September 9, 1971, if the regulatory staff's final 

 detailed statement required under section 4332(2) 

 (C) of this title Is not completed, the Commission 

 must satisfy the applicable requirements of the Na- 

 tional Environmental Policy Act prior to issuing any 

 temporary operating license under this section. The 

 petition shall be accompanied by an affidavit or affi- 

 davits setting forth the facts upon which the peti- 

 tioner relies to justify issuance of the temporary 

 operating license. Any party to the proceeding may 

 file affidavits in support of, or opposition to, the peti- 

 tion within fourteen days after the filing of such peti- 

 tion, or within such additional time not to exceed ten 

 days as may be fixed by the Comhiission. The Com- 

 mission shall hold a hearing after ten days' notice 

 and publication once in the Federal Register on any 

 such petition and supporting material filed under 

 this section and the decision of the Comml»8lon with 

 respect to the Issuance of a temporary operating li- 

 cense, following such hearing, shall be on the basis 

 of findings on the matters specified in subsection 



(b) of this section. The hearing required by this 



