deliver to the Joint Committee a supplement to the "p. The Commission shall submit to the Congress by August 1, 1983, a detailed report concerning the need for continuation or modification of the provisions of this section, taking into account the condition of the nuclear industry, availability of private insurance, and the state of knowledge concerning nuclear safety at that time, among other relevant factors, and shall include recommendations as to the repeal or modification of any of the provisions of this section.59 "SEC. 170A. CONFLICTS OF INTEREST RELATING TO CON- Disclosure TRACTS AND OTHER ARRANGEMENTS. "a. The Commission shall by rule, require any person proposing to enter into a contract, agreement, or other arrangement, whether by competitive bid or negotiation, under this Act or any other law administered by it for the conduct of research, development, evaluation activities, or for technical and management support services, to provide the Commission, prior to entering into any such contract, agreement, or arrangement, with all relevant information, as determined by the Commission, bearing on whether that person has a possible conflict of interest with respect to "(1) being able to render impartial, technically sound, or objective assistance or advice in light of other activities or relationships with other per sons, or "(2) being given an unfair competitive advantage. Such person shall insure, in accordance with regulations prescribed by the Commission, compliance with this section by any subcontractor (other than a supply subcontractor) of such person in the case of any subcontract for more than $10,000. "b. The Commission shall not enter into any such contract agreement or arrangement unless it finds, after evaluating all information provided under subsection a. and any other information otherwise available to the Commission that "(1) it is unlikely that a conflict of interest would exist, or 58 Public Law 89-645 (80 Stat. 891) (1966), sec. 3, amended sec. 170 by adding new subsection o. Public Law 94-197 (89 Stat. 1111) (1975) Sec., 13, amended subsection 170 o. by adding new subparagraph (4) and by adding the following language to the second sentence of subparagraph (3): "and shall include establishment of priorities between claimants and classes of claims, as necessary to insure the most equitable allocation of available funds." 50 Public Law 94-197 (89 Stat. 1111) (1975), Sec. 14, added a new subsection 170 p. rules. 42 USC 2210a. Publication. Just compensation. 42 U.S.C. Bec. 2221. 62 Stat. 933. Condemnation "(2) such conflict has been avoided after appropriate conditions have been included in such contract, agreement, or arrangement; except that if the Commission determines that such conflict of interest exists and that such conflict of interest cannot be avoided by including appropriate conditions therein, the Commission may enter into such contract, agreement, or arrangement, if the Commission determines that it is in the best interests of the United States to do so and includes appropriate conditions in such contract, agreement, or arrangement to mitigate such conflict. "c. The Commission shall publish rules for the implementation of this section, in accordance with section 553 of title 5, United States Code (without regard to subsection (a) (2) thereof) as soon as practicable after the date of the enactment of this section, but in no event later than 120 days after such date.60 "CHAPTER 15. COMPENSATION FOR PRIVATE PROPERTY ACQUIRED "SEC. 171. JUST COMPENSATION.-The United States shall make just compensation for any property or interests therein taken or requisitioned pursuant to sections 43,61 5592 66, and 108. Except in case of real property or any interest therein, the Commission shall determine and pay such just compensation. If the compensation so determined is unsatisfactory to the person entitled thereto, such person shall be paid 75 per centum of the amount so determined, and shall be entitled to sue the United States in the Court of Claims, or in any district court of the United States for the district in which such claimant is a resident in the manner provided by section 1346 of Title 28 of the United States Code to recover such further sum as added to said 75 per centum will constitute just compensation. "SEC. 172. CONDEMNATION OF REAL PROPERTY.-Proceedings for condemnation shall be instituted pursuant to the provisions of the Act approved August 1, 1888, as amended, and section 1403 of Title 28 of the United States Code. The Act approved February 26, 1931, as 40 U.S.C. 257, amended, shall be applicable to any such proceedings. 62 Stat. 937. 986: 46 Stat. 1421. 258a-258e. Patent application disclosures. 42 U.S.C. sec. 2223. "SEC. 173. PATENT APPLICATION DISCLOSURES.-In the event that the Commission communicates to any nation ∞ Public Law 95-601 (92 Stat. 2950) (1978), sec. 8(a), added sec. 170A. 81 Public Law 88-489 (78 Stat. 602) (1964), sec. 17. deleted the phrase "52 (with respect to the material for which the United States is required to pay just compensation)." after "43.". 2 Public Law 88-489 (78 Stat. 602) (1964), sec. 17, added "55". any Restricted Data based on any patent application not belonging to the United States, just compensation shall be paid by the United States to the owner of the patent application. The Commission shall determine such compensation. If the compensation so determined is unsatisfactory to the person entitled thereto, such person shall be paid 75 per centum of the amount so determined, and shall be entitled to sue the United States in the Court of Claims or in any district court of the United States for the district in which such claimant is a resident in a manner provided by section 1346 of Title 28 of the United 62 Stat. 933. States Code to recover such further sum as added to such 75 per centum will constitute just compensation. Attorney General approval of title. sec. 2224. 40 U.S.C. 255. "SEC. 174. ATTORNEY GENERAL APPROVAL OF TITLE.All real property acquired under this Act shall be sub- 42 U.S.C. ject to the provisions of section 355 of the Revised Statutes, as amended: Provided, however, That real property acquired by purchase or donation, or other means of transfer may also be occupied, used, and improved for the purposes of this Act prior to approval of title by the Attorney General in those cases where the President determines that such action is required in the interest of the common defense and security. "CHAPTER 16. JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE "SEC. 181. GENERAL.-The provisions of the Administrative Procedure Act (Public Law 404, Seventy-ninth Congress, approved June 11, 1946) shall apply to all agency action taken under this Act, and the terms 'agency' and 'agency action' shall have the meaning specified in the Administration Procedure Act: Provided, however, That in the case of agency proceedings or actions which involve Restricted Data or defense information, the Commission shall provide by regulation for such parallel procedures as will effectively safeguard 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 defense information were not involved. General. so Stat. 381 551-559. 42 U.S.C sec. 2231. License 42 U.S.C. sec. 2232 "SEC. 182. LICENSE APPLICATIONS."a. Each application for a license hereunder shall be applications in writing and shall specifically state such information as the Commission, by rule or regulation, may determine to be necessary to decide such of the technical and financial qualifications of the applicant, 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 facilities, the applicant shall state such technical ACRS Report. Commercial power. specifications, 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 Commission 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 Commission 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 applications and statements shall be signed by the applicant or licensee. Applications for, and statements made in connection with, licenses under sections 103 and 104 shall be made under oath or affirmation. The Commission may require any other applications or statements to be made under oath or affirmation.63 "b. The Advisory Committee on Reactor Safeguards shall review each application under section 103 or section 104 b. for a construction permit or an operating license for a facility, any application under section 104 c. for a construction permit or an operating license for a testing facility, any application under section 104 a. or c. specifically referred to it by the Commission, and any application for an amendment to a construction permit or an amendment to an operating license under section 103 or 104 a., b., or c. specifically referred to it by the Commission, and shall submit a report thereon which shall be made part of the record of the application and available to the public except to the extent that security classification prevents disclosure. 64 "c. The Commission shall not issue any license under section 103 for a utilization or production facility for the generation of commercial power until it has given notice in writing to such regulatory agency as may have jurisdiction over the rates and services incident to the proposed activity; until it has published notice of the appli Public Law 84-1006 (70 Stat. 1069) (1956), sec. 5, amended the third from last sentence of subsec. 182 a. and added the present last two sentences. Before amendment the third from last sentence read: "All applications and statements shall be signed by the applicant or licensee under oath or affirmation." 4 Public Law 85-256 (71 Stat. 576) (1957), sec. 6. added subsec, b, and relettered former subsecs. b. and c. as subsecs. c. and d. Public Law 87-615 (76 Stat. 409) (1962), sec. 3. amended subsec. b. Before amendment. it read: "b. The Advisory Committee on Reactor Safeguards shall review each application under section 103 or 104 b. for a license for a facility. any application under section 104 c. for a testing facility, and any appllcation under section 104 a. or c. specifically referred to it by the Commission, and shall submit a report thereon, which shall be made part of the record of the application and available to the public, except to the extent that security classification prevents disclosure." cation in such trade or news publications as the Commission deems appropriate to give reasonable notice to municipalities, private utilities, public bodies, and cooperatives which might have a potential interest in such utilization or production facility; and until it has published notice of such application once each week for four Notice in F.R. consecutive weeks in the Federal Register, and until four weeks after the last notice.65 "d. The Commission, in issuing any license for a utilization or production facility for the generation of commercial power under section 103, shall give preferred consideration to applications for such facilities which will be located in high cost power areas in the United States if there are conflicting applications for a limited opportunity for such license. Where such conflicting applications resulting from limited opportunity for such license include those submitted by public or cooperative bodies such applications shall be given preferred consideration. "SEC. 183. 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 provisions of this Act, including the following provisions: "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 Act. "d. Every license issued under this Act shall be subject to the right of recapture or control reserved by section 108, and to all of the other provisions of this Act, now or hereafter in effect and to all valid rules and regulations of the Commission. Terms of 42 U.S.C. sec. 2233. licenses. of licenses. "SEC. 184. INALIENABILITY OF LICENSES.-No license Inalienability granted hereunder and no right to utilize or produce 42 U.S.C. special nuclear material granted hereby shall be trans- sec. 2234. ferred, assigned or in any manner disposed of, either voluntarily or involuntarily, 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 pro Public Law 91-560 (84 Stat. 1472) (1970), sec. 9, amended subsec 182 c. Before amendment it read as follows: "c. The Commission shall not issue any license for a utilization or production facility for the generation of commercial power under section 103. until it has given notice in writing to such regulatory agency as may have jurisdiction over the rates and services of the proposed activity, to municipalities, private utilities. public bodies, and cooperatives within transmission distance authorized to engage in the distribution of electric energy and until it has published notice of such application once each week for four consecutive weeks in the Federal Register, and until four weeks after the last notice." Public Law 88-489 (78 Stat. 602) (1964), sec. 18, deleted subsec. 183 a. Subsec. a. read as follows: "a. Title to all special nuclear material utilized or produced by facilities pursuant to the license, shall at all times be in the United States." |