Public Law 92–307

That there is hereby

Nuclear power reactors.

Temporary licensing authority.

68 Stat. 921.

42 USC 2011.

76 Stat. 409.

42 USC 2239.

added to the Atomic Energy Act a new section 192 to read as follows:

“Sec. 192, Temporary Operating License.—

“a.

In any proceeding upon an application for an operating license for a nuclear power reactor, in which a hearing is otherwise required pursuant to section 189 a., the applicant may petition the Commission for a temporary operating license authorizing operation of the facility pending final action by the Corn mission 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 subsection 182 b.; (2) the safety evaluation of the application by the Commission’s regulatory staff; and (3) the regulatory staff’s final detailed statement on the environmental impact of the facility prepared pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969 (83 Stat. 853) or, in the case of an application for operating license

42 USC 4332.

filed on or lief ore September 9, 1971, if the regulatory staff’s final detailed statement required under section 102(2)(C) is not completed, the Commission must satisfy the applicable requirements of the National Environmental Policy Act prior to issuing any temporary

42 USC 4321 note.

operating license under this section 192. The petition shall be accompanied by an affidavit or affidavits setting forth the facts upon which the petitioner relies to justify’ issuance of the temporary operating license. Any party to the proceeding may file affidavits in support of, or opposition to, the petition within fourteen days after the filing of such petition, or within such additional time not to exceed ten days as may be fixed by the Commission. The Commission shall hold a hearing

Hearing; publication in Federal Register.

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 Commission with respect to the issuance of a temporary operating license, 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 section and the decision of the Commission on the petition shall be conducted with expedited procedures as the Commission may by rule, regulation, or order deem appropriate for a full disclosure of material facts on all substantial issues raised in connection with the proposed temporary operating license.

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“b.

With respect to any petition filed pursuant to subsection a of this section, the Commission shall issue a temporary operating license upon finding that:

“(1)“(1)

the provisions of section 185 have been met with respect to the temporary operating license;

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“(2)“(2)

operation of the facility during the period of the temporary operating license in accordance with its terms and conditions will provide adequate protection of the environment during the period of the temporary operating license; and

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“(3)“(3)

operation of the facility in accordance with the terms and conditions of the temporary operating 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 required to assure the adequacy and reliability of the power supply, taking into consideration factors which include, but need not be limited to, alternative available sources of supply, historical reserve 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 responsibility to assure an adequate and reliable power supply.

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The temporary license shall contain such terms and conditions as the Commission may deem necessary, including the duration of the license and any provision 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 decision or other document authorizing the issuance of any temporary license pursuant to this section shall recite with specificity the reasons

Judicial review

justifying the issuance. The decision of the Commission with respect to the issuance of a temporary operating license shall be subject to judicial review pursuant to the Act of December 29, 1950, as amended

28 USC 2341 and note.

(ch. 1189,64 Stat. 1129).

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“c.

The hearing on the application for the final operating license otherwise required pursuant to section 189 a shall be concluded as promptly as practicable. The Commission shall vacate the temporary operating license, if it finds that the applicant is not prosecuting the application for the final 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 189 a.; 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.

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“d.

The authority under this section shall expire on October 30, 1973.”

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