714 



section and the decision of the Commission on the 

 petition shall be conducted with expedited proce- 

 dures as the Commission may by rule, regulation, or 

 order deem appropriate for a full disclosure of ma- 

 terial facts on all substantial issues raised in con- 

 nection with the proposed temporary operating 

 license. 



(b) Requisite findings of Commission; terms and con- 

 ditions of temporary license; judicial review. 



With respect to any petition filed pursuant to sub- 

 section (a) of this section, the Commission shall Is- 

 sue a temporary operating license upon finding that: 



(1) the provisions of section 2235 of this title 

 have been met with respect to the temporary op- 

 erating license; 



(2) operation of the facility during the period 

 of the temporary operating license in accordance 

 with its terms and condition will provide adequate 

 protection of the environment during the period of 

 the temfwrary operating license ; and 



(3) operation of the facility in accordance with 

 the terms and conditions of the temporary operat- 

 ing license is essential toward insuring that the 

 power generating capacity of a utility system or 

 power pool is at, or is restored to, the levels re- 

 quired to assure the adequacy and reliability of 

 the power supply, taking into consideration fac- 

 tors which include, but need not be limited to, al- 

 ternative available sources of suF>ply, historical re- 

 serve requirements for the systems involved to 

 function reliably, the possible endangerment to the 

 public health and safety in the event of power 

 shortages, and data from appropriate Federal and 

 State governmental bodies which have official re- 

 sponsibility to assure an adequate and reliable 

 power supply. 



The temporary license shall contain such terms and 

 conditions as the Commission may deem necessary. 

 Including the duration of the license and any pro- 

 vision for the extension thereof, and the requirement 

 that the licensee not retire or dismantle any of its 

 existing generating capacity on the ground of the 

 availability of the capacity from the facility which 

 is operating under the temporary license. Any deci- 

 sion or other document authorizing the issuance of 

 any temporary license pursuant to this section shall 

 recite with specificity the reasons justifying the is- 

 suance. The decision of the Commission with re- 

 spect to the issuance of a temporary operating li- 

 cense shall be subject to judicial review pursuant to 

 the Act of December 29, 1950, as amended (ch. 1189, 

 64 Stat. 1129). 



(c) Vacation of temporary license. 



The hearing on the application for the final oper- 

 ating license otherwise required pursuant to section 

 2239(a) of this title shall be concluded as promptly as 

 practicable. The Commission shall vacate the tem- 

 porary operating license if it finds that the applicant 

 Is not prosecuting the application for the ft.-ial 

 operating license with due diligence. Issuance of a 

 temporary operating license pursuant to subsection 



(b) of this section shall be without prejudice to the 

 position of any party to the proceeding in which a 

 hearing is otherwise required pursuant to section 

 2239<a) of this title; and failure to assert any ground 

 for denial or limitation of a temporary operating 

 license shall not bar the assertion of such ground in 

 connection with the issuance of a subsequent final 

 operating license. 



(d) Expiration of authority. 



The authority under this section shall expire on 

 October 30, 1973. (Aug. 1, 1946, ch. 724, § 192, as 

 added June 2, 1972, Pub. L. 92-307, 86 Stat. 191.) 



Refekences in Text 



The National Environmental Policy Act, referred to In 

 subsec, (a) , is classlHed to section 4321 et seq. of this title. 



Act of December 29. 1950. as amended (ch. 1189, 64 Stat. 

 1129) . referred to in subsec. (b) , was repealed In the gen- 

 eral revision of Title 5, and the provisions are now 

 covered by section 2341 et seq. of Title 28, Judiciary and 

 Judicial Procedure. 



SUBCHAPTER XVII.— ENFORCEMENT OP 

 CHAPTER 

 Prior Provisions 

 Provisions similar to those comprising this subchapter 

 were contained in section 16 of act Aug. 1, 1946. ch. 724, 

 60 Stat- 773 (formerly classified to section 1816 of this 

 title) prior to the complete amendment and renumber- 

 ing of act Aug. 1, 1946 by act Aug. 30, 1954, ch. 1073, 68 

 Stat. 921. 



§2274. Communication of Restricted Data. 



Whoever, lawfully or unlawfully, having posses- 

 sion of, access to, control over, or being entrusted 

 with any document, writing, sketch, photograph, 

 plan, model, instrument, appliance, note, or infor- 

 mation Involving or incorpwrating Restricted Data— 



(a) communicates, transmits, or discloses the 

 same to any individual or person, or attempts or 

 conspires to do any of the foregoing, with intent 

 to injure the United States or with intent to secure 

 an advantage to any foreign nation, upon convic- 

 tion thereof, shall be punished by imprisonment 

 for life, or by imprisonment for any term of years 

 or a fine of not more than $20,000 or both; 



(b) communicates, transmit*, or discloses the 

 same to any individual or person, or attempts or 

 conspires to do any of the foregoing, with reason to 

 believe such data will be utilized to injure the 

 United States or to secure an advantage to any 

 foreign nation, shall, upon conviction, be punished 

 by a fine of not more than $10,000 or imprisonment 

 for not more than ten years, or both. 



I Aug. 1, 1946, ch. 724, §224, as added Aug. 30, 1954, 

 ch. 1073. § 1. 68 Stat. 958. and amended Dec. 24, 1969, 

 Pub. L. 91-161, § 3(b>. 83 Stat. 444.) 

 Amendments 

 1969 — Pub. L 91-161 made the death penalty inapplica- 

 ble for the willful violation, or attempted violation of this 

 section with the intent to injure the United States, or 

 secure an advantage for any foreign nation. 



