ML19331A209
| ML19331A209 | |
| Person / Time | |
|---|---|
| Site: | Palisades, Midland  |
| Issue date: | 07/14/1970 |
| From: | Saginaw Intervenor |
| To: | |
| Shared Package | |
| ML19331A206 | List: |
| References | |
| RULE-PR-50 NUDOCS 8006180659 | |
| Download: ML19331A209 (114) | |
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PROD. & UTIL. EAC.D3M.330 y UNITED STATES OF AMERICA # A ATOMIC ENERGY COMMISSION b D0CEEiED B venc 6 JAN141971
- 3 In the matter of omgr
'2, wua O CONSUMERS POWER COMPANY Docket No. 50-255 #
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BRIEF OF INTERVENORS REGARDING THE JURISDICTION OF THE ATOMIC ENERGY COMMISSION TO REGULATE THE EFFECTS OF THERMAL ENERGY PURSUANT TO THE ATOMIC ENERGY ACT INTRODUCTION AND STATEMEdT OF ISSUES PRESENTED On June 24, 1970, Intervenors addressed a series of -
tv oral motions to the Atomic Safety and Licensing Board (" Board"),
which were reduced to writing at the request of Applicant and the direction of the Board on June 25, 1970.
W Af'ter oral argument by Intervenors, Applicant and the Regulatory Staff of the Atomic Energy Commission (" Staff"), the Board directed Applicant and Staff to file authority in support of their positions and in opposition to Intervenor's Motion No. 1, which authority was to be replied to by Intervenors on or before July 14, 1970. (Tr. pp. 556-59). Applicant has filed a brief in support of its position, but the Staff has chosen not to do so.
Intervenors, therefore, direct themselves to the submission made All of Intervenors' motions are reproduced as Appendix A to /1Brief of Intervenors Regarding The National Environmental Policy Act and The Water Quality Improvement Act" filed with the N Board on July 7, 1970. This Brief concerns Intervenors' Motion No.1 which is set forth at page 2 of the said Appendix A.
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by Applicant in its " Applicant's Brief To Support Denial Of Intervenors Motion No. 1" (Applicant 's Brief or "Apl. Br. ") .
Simply stated, Intervenor's position in this Brief is that pursuant to the Atomic Energy Act, 42 U.S.C. 62011 et_. sea., ("Act"), the Atomic Ener6y Commission (" Commission")
has the affirmative obligation to consider and regulate the effects of thermal energy in the course of its licensing procedures. This is because the Commission is directed to reg-ulate " atomic energy" and its utilization. Heat or thermal energy is "an energy released in the course of nuclear fission or nuclear transformation," that is, heat is " atomic energy. "
Therefore, the Act requires the Commission to regulate the effects of thermal energy as part of its regulation of atomic energy-Intervenors pursue their position herein mindful of the fact that the Commission and.the Staff have historically i taken the position that the Commission's jurisdiction is " limited."
i Thus, Intervenors are acutely aware that the Commission has asserted that its obligations to protect the " general welfare" and the " health and safety of the public" are fully discharged solely by consideration of radiological effects.
Intervenors, therefore, have made an exhaustive search of the legislative history 1/ of the 1946 and 1954 Acts, as well as l
2/ For the convenience of the Board, we refer to the Sections of the Act as uncodified and at each such reference also provide the parallel citation to the codification in the U. S. Code.
, 3/ For the convenience of the Board, the relevant legislative history is reproduced, in pertinent part, and attached hereto as
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appendices, which appendices are identified throughout this Brief.
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their progeny, in advance of filing their motion and in con-nection with preparation of this Brief. Intervenors' efforts have demonstrated that' the, precise issues presented herein were never the subject of any previous ruling or decision by the Commission or a court and that the resolution of these issues requires the Commission to reverse its position of long standing.
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THE COMMISSION MUST REGULATE THE EFFECTS OF' THERMAL Ei!ERGY BECAUSE THEEMAL ENERGY IS AN ENERGY RELEASED IN THE COURSE OF NUCLEAR FISSION OR NUCLEAR TRANSFOR'4ATION Ai!D THE ATOMIC ENERGY ACT IMPOSES UPON THE COMMISSIOli BOTH JURISDICTION AND THE AFFIRMATIVE OBLIGATIOII TO REGULATE, IN THE COURSE OF ITS LICENSING OF UTILIZATION FACILITIES, ALL FORMS OF ENERGY RELEASED IN THE COURSE OF MUCLEAR FISSION OR NUCLEAR TRANSFORMATION The historical background of the Atomic- Energy Acts of 1946 and 1954, as well as the language of the relevant Sections
-4 of the Acts themselves, demonstrate that the Commission is given authority, and hence has the ob2.igation to administer a comprehen-sive program of government supervision over all aspects of atomic energy, (as defined). Thus the Commission becomes, by y virtue of the Act, involved in research grants, patents, inter-national compacts, etc., all with respect to the regulation of atomic energy.
One of the Commission's obligations as the result of the 1954 Act is to license the " utilization" of atomic energy by private sources. Accordingly, although the regulation of private uses of atomic energy takes the form of " licensing utili-zation facilities," the Commission's domain regarding such "utili-zation facilities" parallels the scope of the meaning of atomic energy and the purposes of the Act. It would be folly indeed to suggest V that the Commission does not have to regulate " atomic 4.f See Applicant's Brief pages 1-8 and pages 32 to 35, infra, herein.
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ener6y" because its regulation is limited to licensing "utili-zation facilities," since the " utilization facilities" to which the Act directs itself are facilities utilizing " atomic energy."
In other words, the Commission is not interested in all power facilities; it is only interested in those which utilize atomic energy, and any resc ution of its licensing jurisdiction can
, proceed only after defining " atomic energy."
Intervenors shall demonstrate that notwithstanding the National Environmental Policy Act and the Water Quality Improve-ment Act of 1970, the Commission has the jurisdiction and the ob-ligation to regulate thermal energy and its attendant effects, thermal pollution, pursuant to the Atomic Energy Act.
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A. The Commission has .iurisdiction over all
%s _ forms and utilizations of atomic energy and, within that term's meaning, thermal energy is a form of atomic enercy.
The Atomic Energy Act contemplates and requires a comprehensive program of government supervision over all aspects of atomic energy. Since it cannot be seriously contended El that heat from a utilization facility is not a form of atomic energy, it follows that thermal energy, and hence its effects, is a necessary wi consideration for the Commission in the course of its licensing functions.
(i) The Atomic Energy Act recuires the Commission to regulate atomic energy.
The purposes and the underlying considerations of the Act 6/
- s. are set forth in various of its Sections; a reading of these Sections compels the conclusion that the Commission is directed to regulate " atomic energy."
Section 1 of the Act sets forth a broad declaration of the policies of the United States pursuant to which the Act must be interpreted. Section 1 provides:
2/ Applicant's Brief does not disagree with Intervenors assertion that heat is a form of atomic energy and a reading of Applicant's Brief leaves Intervonors with the comforting feeling that Applicant has agreed with them. In fact Appli-cant's counsel did agree, during the course of oral a,rgument, that atomic energy included heat. See Tr. p. 447.
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Act, as amended.
Unless otherwise indicated, references are to the 1954 W .
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Declaration.--Atomic energy is capable of application for peaceful as well as military purposes. It is therefore declared to be the policy of the United States that--
(a) the development, use, and control of atomic enorry shall be directed so as to make the maximum contribution to the general welfare, subject at all times to the paramount objective of making the maximum contribution to the com-mon defense and security; and 1
(b) the development, use, and control of atomic enerav shall be directed so as to promote world peace, improve the general welfare, in-crease the standard of living, and strengthen free competition in private enterprise. (Empha-sis supplied). (Act, 51; 42 U.S.C. $2011).
This Congressional declaration of policy is directed to the entire area to which atomic energy may have application.
Section 2 of the Act sets forth Congress' findings.
,_ Section 2 provides, in relevant part, as follows:
Congressional findings.--The Congress of the United States makes tne following findings con-cerning the development, use, and control of atomic energy:
(e)... production facilities, and utilization facilities are affected with the public interest, and regulation by the United States of the pro-duction and utilization of atomic enerny and of the facilities used in connection therewith is necessary in the national interest to assure the common defense and security and to protect the health and safety of the public.
(g) Funds of the United States may be provided for the develoument and use of atomic energy under conditions which will provide for the common defense and security and promote the general welfare.
(Emphasis supplied). (Act 62 (e) and (g); 42 U.S.C. $2012 (e) and (g) ),.
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There can be no question, therefore, that Congress' findings were s.
directed to the control of atomic energy. Section 2 of the Act does not support a conclusion that jurisdiction conferred upon the Commission regarding atomic energy is diminished ipso facto by the only method by which the Commission can exercise its juris-diction in the licensing field, 1,.e. by the licensing of utiliza-tion facilities. A method used to implement an obligation cannot validly result in a limiting of the obligation.
To make explicit what it had in mind, Congress provided us with a statement of the purposes of the Act. Again it is clear that the scheme of the Act involves the regulation of atomic energy. Thus, in pertinent part,,Section 3 of the Act' provides:
It is the purpose of this chapter to effectuate the policies set forth above by providing for--
(c) a program for bovernment control of the posses-sion, use, and Droduction of atomic eneret...Li.e. tne licensing of utilization facilitiesj wnetner owned by the government or others [i.e. Applicant's Proposed Plant),so directed as to make the maximum contribution to the common defense and security and the national welfare...;
a program to encourage widespread participation (d) development and utilization of atomic enercy for in the peaceful purposes to the maximum extent consistent with the common defense and security and with the health and safety of the public; a program of international cooperation to pro-(e)the common defense and security and to make avail-mote able to cooperating nations the benefits of peaceful applications of atomic enerry as wiuely as expancing technology. . .will pennit. . . . (Emphasis supplied) . (Act, 53(c), (d) and (e); 42 U.3.C. 52013(c), (d) and (e)).
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'- These sections make it clear that regulation of atomic energy, whatever this term means, is the task to which the Com-mission is to direct itself.
Sections which implement policies and purposes---
Remaining Sections of the Act implementing the policies, findings and purposes set forth in its three Sections further demonstrYte the Commission's jurisdiction is directed to the regulation of atomic energy.
Section 161 of the Act is entitled " General Duties of the Commission." Under this Section the Commission is required, inter alia, to:
make, promulgate, issue, rescind, and amend '
such rules and regulations as may be necessary to carry out the purposes of this chapter. (Act,
%- $161(p); 42 U.S.C. 62201(p)) .
Pursuant to its duties, the Commission must promulgate rules and regulations which are "necessary" to carry out the purposes of the Act, which involves a comprehensive regulation of atomic energy. Hence, Commission regulations and procedures regarding atomic energy must " pass muster" with the Commission's obliga-tion to carry out the purposes of the Act. It obviously follows that Commission failure to promulgate regulations which are necessary to carry out the purposes of the Act results in a violation of the duties imposed upon the Commission by the Act.
The method by which the Act permits the Commission to regulate private uses of atomic energy is by the licensing of l N '
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utilization' facilities.- (Act $$101 and 103; 42 U.S.C.
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$$2131 and 2133).
Section 101 of the Act provides in relevant part:
It shall be unlawful, except as provided in Section2121ofthistitle)foranyperson [not relevant to 4 the issue herein presented within the United States to... transfer, acquire,
, possess, [or) use...any utilization... facility except under and in accordance with a license issued by the Commission pursuant to Section 2133...of this title.
Section lo3(a) of the Act provides in relevant part that the Commission:
...may issue licenses to trancfer... acquire, possess, [or] use. . . [a] utilization. . . facility.
Such licenses shall be issued in accordance with the provisions of subchapter XV of this chapter (Procedural Rules] and nub. ject to such .
conditions as the Commission may 'oy rule or
- rer,ulation esta'olish to effectuate the nurposes and provisions of this chapter. (2nphasis supplied).
Under these Sections, therefore, the Commission is specifically and expressly prohibited from issuing any license which is not conditioned so as "to effectuate the purposes and provisions of this chapter."
7/ Tne licensing of utilization facilities is the primary method by which, pursuant to the Act, the Commission regulates significant private use of atomic energy. However, the Commis-sion regulates atomic energy in many other ways. Thus the Com-mission is empowered to provide grants for research into atomic energy (Act, 531, 42 U.S.C. 52051 to provide for the issuance of patents regarding atomic energy);(Act, 5153, 42 U.S.C. 52183 to provide for international cooperation regarding atomic energ)y; (Act, 5123, 42 U.S.c. 52153); and to provide for the protection in handling of secret information relating to atomic energy (Act, 6141, 42 U.S.C. 62161).
8/ The word " chapter" refers to the entire Act.
See 42 U.S.C.
(y page 3 " Chapter 23-Development and Control of Atomic Energy."
%- It is also clear that the words " atomic energy" describe the purposes for which the Commission must exercise its regulatory authority.
Thus, the licensing provisions of the Act do not, as well they could not, in and of themselves, tell us anything more than the kinds of licenses which the Commission is permitted to issue. Although we know that a license of a " utilization facility" must comply with the " purposes and provisions of this chapter" to complete the investigation we must define the term
" utilization facility." Section 11 of the Act defines this term, in relevant part, as follows: .
The term ' utilization facility' means (1)
- any equipment or device except an atomic wea-pon... peculiarly adapted for making use of
's-. atomic enerry in such quantity as to be of sig-nificance...or in such manner as to affect the
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health and safety of the public...(Emchasis supplied). (Act, $11(cc); 42 U.S.C. 6201h(cc)).
Since the definition of utilization facility includes the term atomic energy, it is obvious that we cannot determine whether a utilization. facility license complies with the purposes and provisions of the Act, i.e. the regulation of atomic energy, unless we define the term atomic energy.
With the jurisdiction of the Commission firmly in mind, we proceed to an examination of that term, i
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(ii) Atomic energy includes thermal enerav.
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, Although atomic energy may seem strange and mysterious, it will find its application in the power ficids as a source of heat. The fission chain reaction makes the pile get hot. Some heat exchanger fluid must go through the pile to get out the heat. The hot fluid will then be directly used as the working fluid in a standard heat engine; e.g. a steam turbine, possibly of special
. design. ~In other words, the pile is a new kind of boiler, and however mysterious it may seem now, it will not require a revolution in the well-known engineering practic- by which heat is con-verted into mechanical ef. ort and thence into electrical power.
All reactors, in the course of burning nuclear fuel, produce heat. The quantities of heat can be extremely large and can be converted by conventional means into mechanical or electrical energy, as in -
the atomic-powered submarine Haut11us and in the Shippingport project. The expectation is that
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this characteristic can be exploited to develop
__ economical atomic power.
These quotations respectively ccme from the Senate Report 2/
uhich forms part of the legislative history of the 1946 Act and a com-mentary by two writers who issued a publication shortly after the passage of the 1954 Act summarizing its meaning.
g/ Appendix to S. Rep. No. 1211, 79th Cong., 2nd Sess. (19h6),
which is reproduced and attached hereto in pertinent part as Appendix A.
lg H. S. Marks and G. F. Trowbridge, " Framework for Atomic Industry. a Commentary on the Atomic Energy Act of 1954," p. o, (Bureau of ilational Aff airs, Inc.1955) .
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s_ . What the authors of these quotations recognize is that heat is indeed the major form of energy released in the course of a nuclear transformation; and indeed the production of heat is the primary, if not the sole, purpose of a " utilization facility" licensed by the Commission.
Accordingly it is not astounding to note that the Congressional definition of atomic en'ergy in the 1954 Act includes heat in itsd'efinition.
Section 11 of the Act defines atomic energy as follows:
The term 8 atomic energy' means all forms of energy released in the course of nuclear fission or nuclear transformation. (Act, $11 (c); 42 U.S.C. 52014 (c) ).
v Since heat is "a form of energy released" and all such forms are atomic energy, heat is atomic energy.
(iii) Conclusion We have seen that the purposes and policies of the Act require the Commission to regulate atomic energy and that atomic ener6y includes thermal energy. We have also seen that in licensing utilization facilities, the Commission must condition the license upon compliance with the purposes of the Act includ-ing the regulation of thermal enercy. The definition of utili-zation facility relies upon this definition of atomic enercy, which is essential to the determination whether a license is so conditioned as to comply with the purposes of the Act. It is v
s- clear that no license may issue for a utilization facility makin6 use of atomic energy unless it is conditioned upon the regulation of thormal energy, thereby complying with the recuirement in the licensing provisions that the license comply with the
. purposes of the Act, that is, the regulation of atomic energy.
, It follows, therefore, that the failure of the Commis sion to promulgate regulations to control thermal energy and its effects results in a violation of the Commission's duty, pursuant to Section 161(p) of the Act, to "make, promulgate, issue, rescind and amend such rules and regulations as may be necessary to carry out the purposes of this chapter."
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B. The Atomic Enerny Act's legislative history since 19co suonorts the orocosition tnat the Commission must renulate effects of thermal energy as onrt or its oclication to re,7ulate atomic enercy.
A careful and thorough examination of the legislative history of the 1946 Act, the legislative history of the 1954 Act,
. the legislative history of amendments to the Act since 1954 and the history of legislation proffered to t.he Joint Committee. on Atomic Energy (" Joint Committee") demonstrates that the intent of Congress was to establish one agency which was responsible for the comprehensive regulating of atomic energy.
Intervenors shall demonstrate that Con 5ressional intent regarding the regulation of atomic energy since 1946 was grounded
.s- in the recognition that as our experience broadened the scope of available information about atomic energy would enlarge. So as not to hamper the Commission with outdated tools, Congress provided the Commission with a mandate broad enough to permit the Commission to respond promptly and creatively so as to regulate atomic energy to protect the "Seneral welfare" and "the health and safety of the public. "
Intervenors shall further demonstrate that to limit the Commission's jurisdiction solely to radiolo5ical effects is an insupportable conclusion.
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W We now proceed to an examination of each phase of the relevant legislative history, insofar as is applicable to the discussion at pages 6-13 above regarding the jurisdiction
- of the Commission and the meaning of atomic energy.
i (1) The 1946 legislative history A full reading of the legislative history of the 1946 Act and an understanding of the climate in 1946 reasonably loads one to the propositions that Congress, by the passage of the Igh6 Act, directed the Commission to concern itself with " atomic ener6y" and that atomic energy includes thermal energy.
(a) Jurisdiction was given'to the Commission over all forms of etomic enercy.
s-Uppermost in the minds of Congress when the 1946 Act was passed was the need to control this new and foreboding visitor --- atomic energy. As it observed our I ation moving almost without pause into the atomic age Congress had little experience with the tremendous energy unleashed by the splitting of the atom. The one thing Congress knew, however, was that this Thus when Senator McMahon introduced energy must be controlled.
S. 1717, later to become the 1946 Act he said:
In the blinding flash of that bomb non saw the birth of a new era in the history of civilization. When the smoke and the dust had settled over the rubble men discerned in the red sky above the ruins the shape of a huge question mark: What can be done to control.this powerful giant of the split personality? (Cong. Rec. , p. 6094, Jur.e 1, F- -
1946). ,
What Senator McMahon was sayin6 was that the first use of atomic energy posed an infinite number of questions. The answer the Senator provided in 1946 was the introduction of legislation comprehens'ively to regulate atcmic energy so that a single agency would have the obligation to formulate answers to those questions as they arose. <
As Hewman and Miller put it:
We can no more undo what has already been done than we can reverse the course of
. the earth about the sun.
Since we have no power to thrust back into its bottle the jinni so rashly uncorked, we have no choice but to attempt to control it. To be effective, this attempt must en-list the efforts of all men--or at least of men in all technologically advanced states. l In this problem, in the long run there can be I no partial success. If we are candid, we must conclude that, unless we succeed com-pletely, we will in the end be overwhelmed in utter failure. Newman and Miller, "The Con-trol of Atomic Energy," pp. 2-3, (McGraw-Hill 1946.)
It is undeniable that in 1946 Congress might not have forescen that peaceful uses of atomic energy would involve problems such'as thermal pollution. It is also undeniable that Congress did not seek to limit the jurisdiction of the Commis-sion to prevent consideration of difficulties which had not yet arisen, t Portions of the Preface of the book by Messrs. Newman
.and Miller place in perspective precisely what Congress faced in 1946:
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,D The Act is broad in sweep and bold in conception. 1 lost striking is the extent to which both Congress and the President in this instance rejected the cautious and timid voice of tradition and paid heed instead to the I
radical demands of this tremendous scientific
. eruption. The Act represents an attempt to l lay out a complex blueprint of controls on the basis of oresent knowledce, incomplete though it is on tne scientific side and clmost non-cxistent in the fielas of social science, economics _. and politics. The cecision to draft-le,31slation on such slender foundations was not made without reluctance; it met heavy opposition in Congress ana among those members of the Executive Branch who believed that until much more was known about atomic energy its control and development should remain with the War Department, which had well demonstrated its capacities as manager 'nd a steuard of the new resource. In most people's minds, however, there seemed no alternative to setting up s-machinery for the civilian control and develop-ment of atomic energy on the basis of facts already known. (Emphasis supplied ). (id,. Preface p. vii).
Thus, to suggest limitations to the Commission's over-all jurisdiction, is to suggest either that Congress considered l
certain aspects of potential Commission jurisdiction but re-jected them or that Congress was unaware that it was moving into an area about which its precise knowledge was limited.
I lielther of these suggestions is ccrrect.
Congress did not reject the notion that the Commission should be concerned with the thermal pollution created by a utilir.ation facility. Congress did not enter the atomic ase so well versed that it could pronounce sa6ely that the " general welfare" and the " health and safety of the Public" would be satis-fled by a regulation of but part of atomic energy --- radiation.
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One cannot persuasively argue that Congress intended the regulation of atomic energy to encompass no more than radio-logical effects and then find support for the argument by assert-
. ing that in 1946 Congress directed themselves to but one of many potential problems.
It is clear that in 1946 Congress intended to delegate responsibility over peacetime uses of atomic energy to the Com-mission and that this jurisdiction is inclusive of the effects of thermal energy on the environment.
(b) Atomic energy includes thermal eneray.
Intervenors acknowledge that Congress in the 19h 6 lesi,s-lative history did not recognize all the problems with which future generations would be confronted as a result of atomic enercy; but this is understandable. The 1946 Act was passed in the early moments of the atomic age when Congress did not know what experience would bring. However, it is significant to point out that even in 1946 Congress recognized that heat was an energy produced in the course of a nuclear transformation and that accordingly the exercise of jurisdiction over atomic energy must include an exercise of jurisdiction over thermal energy.
The Congressional debate of 1946 reveals a concern uith the uses and effects of the heat enercy released by the splitting of the atom insofar as knowledge had then progressed. In the course of this debate, Congresswoman Luce made the following b~ , remarks:
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'de believe that the development of rather large power units for heat and conversion to electrical. energy is a program for the near future, that operating units t!hich will serve to demonstrate the usefulness and limitations can be in existence witnin a few years ....
(Emphasis suon11ed) (Cong. Rec. 9263,
. July 17, 1946) .
This " program" for the near future was of course to be super-vised by the Commission. Moreover, Congresswoman Luce, in her remarks, expressly cited the lack of knowledge by directing i Congress' attention to future " operating units" (utilization facilities) which will serve 'to demonstrate atomic energy's "usefulness" (production of electricity) and its " limitations" (pollution of our lakes and streams). Congresswoman Luce was not suggesting limitations to a scheme of regulatory v
jurisdiction, the specifics of which could not yet be fully defined.
Representative Durham, speaking in favor of the Senate Bill, boldly predicted that heat energy wasted into the Columbia River in l'946, would one day be successfully managed by the Commission as the regulatory agency in charge of atcmic energy. He said:
The Nagasaki bomb was made of a brand new chemical element, plutonium, manufactured in the (tranium pile at Hanford. 'de are told that for every pound of plutonium produced there uere about 10,000,000 kilowatt-hours of heat enerny released bv nuclear fission and carried away ov tne Columoia River.
How work is proceeding on a pilot plant for the utilization of such energy.
s, (Dmphasis added (Cong. Rec. p. 9253, July-17,1946).)
Likewise Senator McMahon, one of the chief drafters of the Atomic Energy Act, expressed the concern of Congress with problems of heat energy.
4 The heat released from time to tinc during the operations at Hanford, Wash. ,
raised perceptibly the temnerature of the
. Columoia River. dnat could tais kind of i ener67, properly harnessed, do for us in our daily lives in the heating and lighting of our cities, in running engines and tur-bines? What could it do, this energy-re-leasing uranium, this portable, packaged source of power, if it were introduced in those rich and remote regions of the earth now far removed from sources of power? The possibilities are almost beyond imagination, but the scientists assured our committee, they will certainly come to pass within our own lifetime if free development in atomic .
onerF,y is able to continue. (Daphasis 11/
, added) (Cong. Rec. p. 6094, June 1, 1946)--
Certainly Senator McMahon was not limiting the jurisdiction of the Commission; rather he recognized that the future would bring an increased awareness of the problems to be resolved by the Commission.
As a further example of Congressional awareness in 1946 of the problems of thermal effects created by the use of atomic energy, we point to the remarks of Congressman Voorhis who saw the 1946 Act as the beginning of a search for methods to control thermal energy.
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~~ Certainly, Senator McMahon did not mean that the atomic
- energy which would some day light our cities would be " radio-
, active" heat energy.
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At the atomic-energy plant in the State of Washington there is at the present time a considerable amount of this by-product energy
[ heat energy], that the gentleman described when he read the report, that is being pro-
.! duced and wasted into the Columbia River. The fact of the matter is that the temocrature of
, t~n at Areat stream is ocin.; consicera~oly raiced.
(amunasis supplied) (Cong. Rec. 94co, July 19, 1 194^6) .
It is unreasonable.to deny that in 1946, Congress was.
acutely sensitive to its desire to occupy the entire field of atomic enercy and provide a comprehensive plan for its regula-tion. In the light of this understanding, Congress intended that future problems could be dealt with as they arose in the orderly processes of the administration of the Act by the Com-
-- mission. Any suggestion that the Congress in the 1946 Act (an Act of far-reaching significance) was explicitly or implicitly limiting the functions of the only agency to have control over atomic energy is totally insupportable.
(ii) The 1954 legislative history It was the intention of Congress that these extraordinary kinds of power that we have given to the government, both on the operating side and on the patent side, would be restored to private enterprise at the very first time that it can be done, consistent with safety and the national welfare.
The new law makes a pivotal change in the McMahon Act. Under the 1946 law, private ownership and operation of most nuclear re-actors was impossible. Private ownership or use of significant. quantities of fission-able material was forbidden.
4 ss The now law permits private ownership under license from the Commission of facili-J ties which make and use fissionable material; In place of the absolute prohibitions of the McMahon Act, the new legislation sets up an
. . elaborate scheme of control. The system applies to facilities and materials which are uniquely necessary to atomic enernv work. (Emphasis supplied)
The first quotation is from remarks made by Senator-Millikan in January of 1947, when he summarized the Congressienal 12/
intent of the 1946 Act. The second quotation is taken from a book, cited earlier., by two commentators writing shortly after the passage of the 1954 act.23/
These quotations demonstrate that the jurisdiction of s, the Commission over atomic energy created in 1946 was not limited by the passa6e of the 1954 Act; rather the 1954 Act, b'y the creation of private opportunities in the field of atomic energy, directed the Commission to broaden its jurisdiction over atomic energy to i
include not only government but also private uses of atomic energy. If the 1954 Act limits the Commission s jurisdiction over atomic energy, then Congress was remiss in not telling us where that jurisdiction went.
Intervenors shall now demonstrate that the legislative history of the 195h Act, as does its predecessor, supports the con-clusions that atomic energy is regulated by the Commission and that atomic energy does include thermal energy.
lj[/ Joint Committee hearings, 80th Cong.,1st Sess.16 (19h7).
13/ Marks and Trowbridge, suura. , n.10, at p.12.
b-(a) By the 1954 Act, all jurisdiction over atomic energy remains with the Commission except jurisdiction over energy "as a result of" nuclear fission or nuclear
- transformation.
In passing the 1954 Act, Congress was moving once
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I again into an area in vthich there was no experience. It is by virtue of the 1954 Act that Congress expanded the di-l
, mensions of atomic energy by making available opportunities i
for the private use and development of atomic energy. There-fore, as in 1946, there is no support in the legislative his-tory for a conclusion which would limit the Commission's juris-diction with respect to the regulation of private uses of atomic energy. The 1954 Joint Committee Report makes this clear:
Considered in their entirety, the amend-k- ments, in our opinion, make our Nation's atomic. energy legislation a more responsive and adequate instrument for dealing with the problems posed by the advent and evolution of this epochal new force.
Yet we are aware that legislation, standing by itself, can never substitute for prudent and couragacus administration of our atomic enterpriae cy the responsible offi-cials of the executive branch, for continu-ing understanding and support of our atomic program in the Congress, and--most of all--
for that enli 6 htened and informed public opinion which is the bedrock of wise national policy in our democratic society.
We have every confidence that the domes-tic nroblems created by ato. .ic ene rcy can ce resolved tnrourn tne anclication or wisdom, willincness of comoromise, and cooc will.
(Empnasis supplied) Joint Committee dep.,
H. Sess.
2d Rep. No. 2181,(S.
(1954) Rep. No.
Appendix 1699,)83d Cong.,
B hereto k
, , m. . .-,*e =%.an>- - =s**=~=* - * - = * * * * * *
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The Joint Committee Report did not set forth what
" domestic problems" would be created by private uses of atomic energy, because the Joint Committee did not know the t
full extent of these domestic problems. However, the Joint i
t Committee believed that the 1954 Act gave the Commission the tools,it needed to resolve these " problems" as they occurred "through the application of wisdom, willingness of compro-mise, and good will. " Ibid.
The 1954 Act did, however, clarify an ambiguity in the Commission's jurisdiction over atomic energy.
This clarification involved the foreclosing of the possibil-ity that the Commission would aave concurrent jurisdiction
_ with agencies already established for the regulation of energy sources' created "as a result of" a nuclear fission or transformation. Congress was concerned that electricity, already under the jurisdiction of the Federal Power Commis-sion and various state and local agencies, could be considered as in uhc Commission's regulatory domain. Thus, the definition of atomic energy was rewritten to eliminate this possibility.
The 1946 Act had defined atomic energy as follows:
The term atomic energy shall be construed to mean all forms of energy released in the course of or as a result of nuclear fission or nuclear transformation. (Emphasis sup-plied) (1946 Act, $18(a))
i .
i I
(, The 1954 Act eliminated the underlined words "as a result of."
i-
- The Joint Committee Report explained the reason for the change
Section 11(c): ' Atomic energy' is defined to
! mean 'all forms of energy released in the course i of nuclear fission or nuclear transformation.'
This definition includes both fission and fusion t types of nuclear reactions. It has been clari-i i
fled to mean only that energy released 'in the
' course of' nuclear fission or nuclear transfor-The definition in the act [1554 Act]
mation.
talso includes energy released 'as a result of' such fission or transformation, and is scientif-I ically broader than is necessary or desirakle.
Its deletion in the bill will not chance the
_ intended neone or the act-or jurisdiction of the Atomic :nerry Commission. (Emphasis supplied),
(Sen. Re Ilo. Ic99, c3d Cong. 2d sess., p.11 (1954),pt.I Leg. His. p. 759) (Appendix B hereto)
In order to make the Joint Committee's intention quite clear, the 1954 Act added new sections 271 and 272 (h2 U.S.C -
$$2018 and 2019). These sections provide that the 1954 Act does not impair the existing jurisdiction of any other Federal, state or local agency over persons who generate, sell or transmit electrical power and that licensees of the Commission who sell electricity are subject to the jurisdiction of the Federal Power 14/
Commission.--
The 1954 Act did not affect the substance of the Commis-sion's jurisdiction to regulate atomic energy but only clarified an area of potential ambiguity. Congress' intent to provide for a comprehensive regulation of atomic energy was reaffirmed.
14/ See Auocndix E hereto for a selection of corresnondence
~
betWeen the Fed'eral Power Commission and the Atomic Ener' gy Commis-sion relating to this issue.
-e .
(b) Atomic enercy still includes thermal energy.
After the reason for the change in the definition of atomic energy is understood, it becomes quite clear that thermal energy is still included within " atomic energy." Thermal energy i
or " heat" is still " energy produced in the course of a nuclear 4
l fission or nuclear transformation."
l-The 1954 legislative history demonstrates further that l Congress still considered heat to be within the definition.of i
! atomic energy. This is made clear from a Senate Report of a de-15/
bate, the resolution of which is not relevant to this proceeding:--
In view of the enormous power needs, which will come to represent an outlay of $150 million to
$200 million a year, one would expect the AEC to show initiative and enterprise in adapting its own facilities to supply a substantial portion of these needs rather than to waste the heat enorny created by nuc1 car fission. (Emphasis supplica). (Separate views or Reps. Holifield and Prico, Sen. Rept. No. 1699, 83d Cong. 2d Sess. (1954))
Since the Commission, by virtue of the 1954 Act, main-
, tained jurisdiction over atomic energy, and since the change in the definition of atomic energy did not affect the inclusion within its terms of thermal energy, there is no support for an ar6 ament that the 1954 Act rcIults in radical change in the Commission's ,
jurisdiction or the elimination of any responsibility for regulat-ing thermal effects of the operation of utilization facilities.
15/ 'ine debate involved whether the Commission should sell
' heat ~ energy created by atomic power plants. Although the 1954 Act did not, in this regard, go as far as some Congressmen wished, it is clear from the discussion that the Congress considered heat
, as included within the definition of atomic energy as redefined.
g, It is Intervenors' position that the 19h6 Act gave the Commission jurisdiction over " atomic energy," and that atomic energy includes thermal energy. The 1946 legislative
. history supports this position. The 1954 Act does not disturb
' this conclusion; indeed, as the analysis of the 1954 legislative history demonstrates, Intervenors' position is strengthened.
C. Locic.and the Comnission's urocedures i demonstrate that the Commission has jurisdiction to regulate the errects of thermal energy caused 'oy the oueration of utilization facilities.
Intervenors have demonstrated by analysis of both the 1946 and 1954 Acts, as well as their legislative histories, that thermal ener6y and its attendant effects must be regulated by the Commission if it is to adhere to Congress' mandate.
We now demonstrate that logic and Commission action support Intervenors' position.
Throughout the Commission's technical specification regulations ~- and " Final Safety Analysis Reports," filed by appli-cents with the Commission are clear indications that thermal energy, per se, is indeed the subject of Commission regulation.
l lo/ See e.r,. Guide to Contents of Technical Specifications for Huclear ReEctors,10 C.F.R. Part 115, App. A following Section 115.90, page 331.
l s- .
, For example, in Volume I of this Applicant's Final
. Safety Analysis Report there are 223 pages devoted to demonstrat-ing to the Staff and the Commission that certain precautions and safeguards have been taken by Applicant to assure against
. adverse effects from thermal energy. These pages contain a multitude of references to safeguards built into the design of Applicant's plant to protect "the general nelfare" and the "hcalth and safety of the public" from adverse effects of the thermal energy released in the course of the Proposed Plant's nuclear transformations. Thus the Commission, in requiring such assurances, itself has recognized that thermal energy--heat is subject to regulation at the primary cooling stage, at the secondsry cooling stage and at the condenser cooling stage; yet the Commission has taken the position that once adverse effects'from thermal energy have been regulated to the condenser cooling stage, it need not be concerned with adverse effects of thermal energy thereafter--
thermal pollution. A critical examination of this position demon-strates that it is without logic or merit.
As we have demonstrated, atomic energy includes all forms of energy released in the course of a nuclear t ransf ormation. Within this definition radiation and heat a re two forms of atomic energy. So long as these forms of energy are intermingled the Commission accepts jurisdiction to regulate their effects. However, the current position of the Commission is that one of these forms of atomic
4
(
s.
s energy, i.e. heat, does not have to be regulated once it is singled out from its sibling---radiation. Yet, in the same breath, the Commission continues to regulate the other j form of atomic energy, radiation, when that form of atomic
? energy is unmixed with the former---heat.
The Commission's position can be set forth as fol-
- lows; its examination reveals its logical failings
- 1. The Commission is obligated to regulate all forms of atomic energy;
- 2. Radiation and heat are forms of atomic energy; 3 The Commission will regulate radiation and heat where intermingled;
- 4. The Commission will regulate radiation unre-lated to heat;
- 5. The Commission will regulate heat, unrelated to radioactivity, within the physical perimeter of a utili-zation facility;
- 6. The Commission will regulate radiation emis-sions from a utilization facility; B U T
- 7. The Commission has no jurisdiction to and will not regulate heat " emitted" from a utilization facility.
Legislative history and rhetoric aside, does the argument as set forth above make any logical sense at all?
The Commission's response is a feeble one; "We will regulate heat at 525* F. but our jurisdiction magically eludes us 30-9 -
w.. w. -- ---.,rw- --W-
G when that heat is' reduced to 28* F. above normal Lake Michi-San temperature."
a Intervenors.subblit that the lo61c of their posi-tion belics any support for the Commission's " time-honored" and "self-serving" interpretation of its own' jurisdiction.
- As the Joint Committee Report stated:
We have every confidence that the domestic problems created by atomic energy can be resolved throuEh.the application of wisdom, willingncss of compromise, and good will.
Joint Committee Ren., H. Rep. Ilo. 2181, S. Rep. Ilo.1699, B3d Cong., 2d sess. (1954)17/
f
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17/
Appendix B hereto.
i
s-II.
THE ARGUMEliTS ADVANCED IN APPLICAI;T'S BRIEF FILED ON JULY 7, 1970 ARE INSUFFICIEliT TO SUPPORT A DEI;IAL OF INTERVENORS MOTIO:t I:0.1 Intervenors believe that the first portion of this Brief is ample answer to all the arguments advanced by Appli-cant in its Brief filed on July 7,1970. However, Intervenors choose here to deal directly with some portions of Applicant's Brief.
A. Panes 1 through 8 of Applicant's Brief.
These pages of Applicant's Brief attempt to prove that the 1954 Act was a " substantial departure from the regu-latory scheme which was provided in the 1946 Act and the earlier draf ts of the 1954 Act," ( Apl. Br. p. 4), primarily because Applicant had difficulty in excluding heat from the definition of atomic energy. Thus, what Applicant attempts to tell this Board is that because it cannot get around'the definition of atomic energy, this Board must hold that the 1954 Act directs the Commission not to regulate " atomic ener6y" but rather " utilization facilities." This "distinc-tion without difference" is supported by Applicant as follows.
Applicant admits that the 1946 Act regulated all atomic energy; however, it continues, since the 1954 Act was s, primarily concerned with the development of private uses of
a atomic energy, the 1954 Act presents a " substantial departure,"
and the Commission no longer regulates atomic energy but rather regulates " utilization facilities" through licensing.
4 ,
From this Applicant argues that one can only determine the jurisdiction of the Commission by references to the defini-tion of " utilization facility." What Applicant fails to point out is how a licensing agency directed to licence pri-vate uses of atomic energy could possibly discharge those responsibilities without a regulatory scheme which licenses the facilities which use the atomic energy. Finally, what Applicant does not explain is the effect of the use of the term atomic energy in the definition of " utilization facil-ity" itself (Apl. Br. p. 4). Certainly Applicant car 7ot be arguing that the Commission is regulating all power plants; once it becomes clear that " utilization facilities" licensed by the Cox. mission mean those facilitics which utilize atomic cncrny, Applicant's argument falls of its own weight.
Applicant's contrived argument regarding the
" classes of facilities and materials subject to the Act" as opposed to " purposes of the Act," (Apl. Br. p.1), attempts to find support in the 1954 Act's change of the definition of " atomic energy," as well as in the Act's additions of Section 271 and 272 dealing with the regulatory domain of the Federal Power Commission over electricity.
It is clear, however, that the change in the 1954 definition of atomic energy was directly related and indeed sir.gularly related to the additions of Sections 271 and 272 which made it clear the Commission has no jurisdiction over electricity or any other " energy released as a result of a 18 nuclear fiss' ion or nuclear transformation."~~/ Thus, as the Joint Committee Report stated:
Section 271 preserves the regulatory power of any appropriate agency with respect to the generation, sale or transformation of electric p owe r. (Joint Committee Report, H. Rep. No.
2181 S. Rep. No. 1699, 83d Cong. , 2d Sess. ,
(1954) ). (Appendix B hereto)
The definitional section was changed, therefore, to accommo-date the additions of Sections 271 and 272 and not to limit the Commission's jurisdiction over all forms of atomic ener6Ys as redefined. #
Applicant's Brief (Apl. Br. p. 5) attempts to use a quotation from Dr. Higinbotham to argue that the 1954 Act eliminated the Commission's jurisdiction over atomic energy.
What Applicant fails to point out, however, are two sen-tences which immediately precede the quoted material at page 5 of Applicant's Brief. These sentences are:
I think there is nothing wrong with the defi-nition of atomic energy. I will agree that this is a good definition.
18/
~-
N- See N.14, supra, and Appendix E hereto.
What Dr. Higinbotham was saying in his testimony was that in the course of the Commission's obligation to regulate all atomic energy it should exercise that jurisdiction so that licenses will be issued only in connection with utilization of atomic energy as redefined. Dr. Higinbotham was concerned that "the Commission would be required to license everyone that [ sic] made use of radium in therapy for example," and the complete quotation from'Higinbotham's remarks demonstrate that his concern was only that the licensing provision of the Act (Section 101) not include such activities as therapeutic use of radium. Higinbotham's apparent problem was resolved by Section 11 (cc) of the Act which defines utilization facili-
. ties as those which use atomic energy, as does Applicant's Proposed Plant, "in such quantity as to be of significance..."
B. Applicant's brief pages 8-15 and 19-21.
At pages 8-15 and 19-21 of Applicant's Brief it is i
argued that thermal effects are not included within the term "public health and safety." However, the major support for Applicant's conclusion is its own assumption.
(i) Page 11.
On page 11 of Applicant's Brief is set forth quo-tations from a 1957 study of the Joint Committee. As is ob-vious from a reading of these quotes, the Joint Committee discussed "the special problem" and "a major objective" of l
i *
,a i
k_.- Commission jurisdiction. Intervenors do not suggest that regu-l 1ation of, radiological effects is not "a special problem" or does not involve "a major objective." What Intervenors do re-
-dect is Applicant's citation of these quotations as dispositive
, of the issues before the Board. Thus, the term "special prob- ,
lem" indicates that there are "other problems" and the term
" major objective" indicates that there are more objectives.
(ii) Page 12.
At page 12 of its Brief Applicant sets icr 'a portion of Section 274(k) of the Act, as amended in 1959 Applicant correctly points out that this Section was inserted so as to make certain that the jurisdiction of state and local agencies to regulate, pursuant to their authority, activities for purposes other than the protection of radio-logical hazards, was left unimpaired. From this premise Applicant concludes that, therefore, the Commission has.no jurisdiction over effects other than radiological.
But Applicant's argument is a non-sequitur.
, All Section 274(k) says is that any concurrent i
l jurisdiction as to the effects of atomic energy other than radiological effects is to stay exactly where it is. There is no suggestion, as well as there could not be, that Section I
- 2.
1
. .+.v
19/
274(k) limits the commission's jurisdiction.--
(iii) Page 14.
4 At page 14 of Applicant's Brief appear two quota-tions. These quotations, read in the context of the entire Committee comments of which they are a partl-20/
do not ad-dress themselves to the issues before the Board. These quo-tations were taken from a report which discussed the effect of a lawsuit in California wherein the State of California had asserted jurisdiction over a utilization facility in such a way as to prevent the Commission from discharging its obligations. The Committee was therefore speaking to the s- question of the Commission's exclusive jurisdiction, i.e. the protection of the "special hazards" and not to the totality of the Commission's jurisdiction part of which, as we have pointed out, is concurrent with state and local agencies. The question discussed by the Committee was not "what is the jurisdiction of the Commission?" but rather "who has exclusive jurisdiction over radiological effects?"
19/ see relevant portions of Joint Committee Report re-gardTHg the 1959 addition or section 274, which portions are reproduced and attached hereto as Appendix C.
20/ see relevant portions of House Report ilo. 567 regard-ing tne 1965 amendment to section.271, which portions are re-produced and attached hereto as Appendix D.
v 3
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s-(iv) Pages 19-20.
At pages 19 and 20 of its Brief, under the title
" Thermal Effects Legis1ation" Applicant asserts that in 1968 there was an attempt by some members of the Joint Committee to introducb an amendment to " expand" the jurisdiction of the Commission to include jurisdiction over thermal effects.
From the introduction of this legislation and its " apparent" failure of passage, Applicant concludes that, therefore, the 1954 Act does not give jurisdiction to the Commission over thermal effects. Finally in support of its conclusion, Ap-plicant cites the self-serving statement of one of the gentle-men who is responsible for this limiting interpretation, AEC Commissioner Ramey.
We now proceed to a more accurate version of the 1968 hearings.
The 1968 hearings were primarily concerned with the introduction of a bill to " compel" the Commission to exercise jurisdiction over thermal effects. The motive behind the sponsors of the bill was grounded in the expressed recogni-tion of the Commission's failure to have exercised jurisdic-tion as to thermal effects, jurisdiction which these sponsors knew the Atomic Energy Act gave to the Commission.
Members of the Joint Committee and others, e.g. Representatives Dingell, Holifield, Price and Anderson, and Senators Muskie, Aiken and Anderson who favored the bill, 38 -
i I
.. - - . . . . . - ~ - . . .. - . .x;_
Nw and we're responsible for its introduction, supported the bill by the following remarks made by Rep. Anderson before the Joint Committee on September 6, 1968.
Both men, [a reference to Rep. Dingell and Sen. Muskie),
and they are not alone, have repeatedly taken the AEC to taan for its position that it is without legal authority to regulae [ sic] nuclear plants...[in con-nection with thermal pollution].. Finally, afterithe AEC sought and obtained a Justice Department legal opinion supporting that position and continued to show no particular interest in seeking whatever legislative authority;it [ claimed it] lacked, Messrs.
Muskie and Din.qell took the steps I have described.
(Emphasissupplied). (Hearinas Before the JCAE on Participation By Small Electric Utilities in IJuclear Power," Part 2, p.12173 (1968) ). p /
10/ We note in passing that Rep. Anderson in characterizing s- Sen. Muskie's bill stated:-
The bill would spell out the authority of the Commission to withhold or to condition a license on thc basis of thermal effects considerations, but would make it unequivocally clear that the au-thority to control thermal effects is merely an-other tool which the AEC would employ to regulate the nuclear industry from the standpoint of what.
Congress deems to be the national interest. (Hear-ings Before the JCAE on " Participation By Small.
Electric Utilities in Nuclear Power," Part 2,
- p. 1217, (1968) ).
Thus Sen. Muskie's bill was introduced as an amendment to the 1954 Act. Although Sen. Muskie's efforts were unsuccessful, we note he was successful in having legislation to the same effect passed in 1970 with respect to, not only the Commis-sion, but all. Federal. agencies. See Section 21(b)(9)(A) 'of the-Water Quality 1mprovement Act of 1970 which provides in pertinent part: 1 The licensing of permitting agencies shall in- .
pose, as a condition of any license or permit, a re-quirement that-the licensee. or permittee shall com-ply with the purposes.of this Act [that is elimina-tion, among other things, of thermal pollution).
See also "Brief of.Intervenors Regarding the National. Environ-mental Policy Act and the Water Quality Improvement Act" at pages 53 and 54.
S M g - e n r.rt.-- -4 +- -rr--"-- WT-+* --'~A -r-s- 89'IW' ' --
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s- Not satisfied with the distortion of why Sen. Muskie 8s
' Bill was introduced, Applicant proceeds to find a'dditional support for its position by virtue of the fact that "these bills failed of enactment."' (Apl. Br. p. 20). What really happened, according to the Congressional Record, was that written comments reauested of various agencies were received too late to hold edditional hearings in that congressional session.
Thereafter Sen. Muskie chose to follow the route of the Water Quality Improvement Act of 1970 and voluntarily' withdrew the bill. Thus, in a report on why these bills " failed of enact-ment," the Congressional Record states:
The written comments of the various agencies interested in or affected by this legislation vere received too late to nermit the scheduling of additional hearings. ('Cong. Rec., p. 30868 October 11, 1968).
(v) Pages 20-21 Department of Justice Opinion.
Perhaps the Board is privy to why the Department of Justice chose to take a position mirroring that of the Com-mission but inconsistent with the Atomic Energy Act. Inter-venors only have the opinion to go by, and a reading of the 21 full opinion- / indicates that the Department of Justice was very careful not to issue a dispositive statement and in-cluded within its opinion several very carefully guarded
- 21/
~~
Appendix F hereto.
. . . . .. i .
t
%- phrases. A reference to parts of the Attorney General's opin-ions serves to demonstrate its uselessness in any critical examination of the Commission's jurisdiction. Thus the fol-lowing statements are made in the Attorney General's opinion:
- 1. Both nuclear fueled and fossil fueled power.
plants may cause thermal pollution, but there is reason to believe that the problem is more serious with respect to nuclear fueled plants.
- 2. The Atomic Energy Commission has taken the position that its regulatory and licensing jurisdic-
- tion is limited essentially to matters of radiological health and safety and tne common defense and security..
3 There is a strong imolication in the language of section 102, as well as elsewnere in the Act that in issuing licenses the Commission is ordinarily to con-fine its consideration to factors relating to the com-mon defense and security and protection of the public health and safety. Furthermore, it is reasonable to
'- conclude that the health and safety factors unich should concern the Commission are those peculiar to the operation of nuclear facilities. (Emphasis added)
See Attorney General's Opinion, pp. 249-51; (App. F hereto).
These quotations from the Attorney General's opinion clearly demonstrate that the Attorney General couched his "opin-ion" in vague and self-protecting language. And as perhaps dis-positive of the entire opinion itself, we call attention to the inconsistency of an opinion which states that thermal pollution is a more serious problem for nuclear-fueled plants; that the Commission should concern itself with those health and safety facts peculiar to the operation of nuclear facilities; and that therefore the Commission does not have jurisdiction over thermal pollution. Intervenors fail to see the logic of such an g,
argument.
9 e e
i _ ..
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,(, C. Anolicant's Brief paces 15-19 The major purpose, we presume, of pages 15 through 19 is to tell us that the Commission has taken a position for j several years that it has no jurisdiction over thermal effects.
We agree that this is the Commission's position. However, in a discussion of the Commission's jurisdiction, of what real value are statements by the Commission itself, particularly when none of the statements discuss the specific arguments raised by ES/
Intervenors.
Applicant's reliance upon the Supreme Court's opinion in Power Reactor Development Co. v. International Union of Electrical Workers, 367 U.S. 396 (1960), is misplaced.
In the Power case the Supreme Court was faced with the issue of whether an administrative agency's method of procedure established to implement the policies of that agency's congress-ional mandate was to be given controlling weight in an adversary situation. The Supreme Court, as do Intervenors, agreed that in l
'such an instance the special expertise of administrative agencies l
should be heeded. In the Power case, however, the Supreme Court was not talking about an administrative agency's interpretation of its ultimate jurisdiction or congressional mandate. In other words, although weight is accorded to an administrative agency's determination of how it will proceed to the implementation of its-g2/ During the course of oral argument, Chairman Jensch specifically asked Applicant to provide the Board with authority that Intervenors arguments are not novel or unique and that they
( (, have already been considered by the Commission (Tr. p. h19).
Applicant was unable to provide such authority during the hearing and it has not provided any such authority in its Brief.
~
t
- i s,. congressional mandate, an administrative interpretation of its congressional mandate is not to be accorded any special or significant weight. Thus, an administrative a$ency is given pe'culiar latitude in movin's from point A to 'B, but it is not given, as well it should not be, conclusive powers to determine what are points A and B.
\To state the Power case in terms of the issues before this Board, controlling weight perhaps ought to be accorded to the Commission's Regulations or interpretations insofar as they determine the order of issues to be considered in the course of hearings considering the issuance of operating licenses. However, the Commission has no greater expertise than Congress and the Judiciary of the United States to determine the meaning of the Commission's obligations as to what issues must be considered, not their order, prior to the issuing of any provisional operating licence.
D. Anolicant's Brief onges 21-2h At pages 21-24 Applicant asserts that the issues before this Board have been clearly settled by the case of New Hannshire
- v. Atomic Ener.tv Commission, LO6 F. 2d 170 (1st Cir. 1969). The New Hannshire case, however, is not dispositive of the issues-presented here.
Throughout the New Hamushire opinion there is not one single reference to the precise issues raised by Intervenors.
The New Hannshire court proceeded to a determination under the 43 -
1 i-t 5s misimpression that .c had to find explicit legislative refer-i ences to thermal pollution before it could hold with the State i
- of New Hampshire. The New Hampshire court fails to recognize Congress' intention to control all problems which would occur
~
, as a result of the use of atomic energy.
New Hamushire ascribes a limitation to the Act by j virtue of. the fact that Congress discussed in more-or-less specific detail radiological problems; however, New Hampshire i
fails to recognize that radiological problems were foremost in Congress' mind only becaus'e, since the Acts were respectively passed at the beginning of oras, there was ittle else to go by, I
Finally, we note in passing the absence of any citation in Applicant's Brief to Siegel v. Atomic Energy Commission, h00 F. 2d 778 (D.C. Cir. 1968). The Siegel case defined the health and safety of the public to include only " industrial accidents."
(id,. at p. 78h). As Applicant points out, the New Hamushire case defines this phrase to mean "only radiological problems." Hew Hamoshire and Siegel, therefore, are just two opinions of Courts of Appeals which have not as yet had the opportunity critically i
to review the scope Commission's jurisdiction. The conflict l between Siegel and New Hampshire lifts the barriers each one of them may have placed in Intervenors' way, i
s 44-v - - - - - -er ,
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, III CONCLUSION AND REQUEST FOR RELIEF For the above reasons Intervenors' respectfully request the Board to enter orders consistent with Intervenors' request for relief as to Motion No. 1 and Motions Hos. 1 through 5 l
reproduced at pages 1, 2, 5 and 6 of Appendix B attached to "Brief of Intervenors Regarding the ,
, National Environmental Policy Act and the Water o
Quality Improvement Act" filed with the Commis-sion July 7, 1970.
I L
I l -
{
4 9
s Respectfully submitted, By One of the Attorneys for Intervenors I
Of Counsel:
Eric V. Brown, Sr.
125 West Walnut Street
- Kalamazoo, Michigan h9007 L- James W. Ashley Myron M. Cherry William G. Migely Chief Technical Expert
111 West Monroe Street Chicago, Illinois 6C603 David Dinsmore Comey 109 North Dearborn Street Robert N. Brown ' Suite 1001 Spencer Denison Chicago, Illinois 60602 32h C Street, S.E.
Washington, D. C. 20005 Participating Law Students:
Counsel for all Intervenors Lawrence D. Spears --
except Sierra Club University of Chicago William Coulson --
Lewis D. Drain University of Illinois 311 Waters Building Edward Rothschild --
Grand Rapids, Michigan h9502 University of Illinois.
! Counsel for Sierra Club
}
! I i
i I, -
CERTIFICATION
,I certify that copies of "Brief of Intervenors Regarding the Jurisdiction of the Atomic Energy Commission to Regulate the Effects of Thermal Energy Pursuant to the Atomic Energy Act" were filed with the Secretary of the Commission and served upon the. Members of the Atomic Safety and Licensing Board hearing this matter, the Atomic Energy Commission Regulatory Staff and counsel for Applicant, by f* depositing a copy, or copies, of the Brief in the United States Mail, postage prepaid and properly addressed, on Tuesday, July 14, 1970. ,
r l
I One of the Attorneys for Intervenors l
t 1
t I
.I. . .
1 -
i ATOMIC ENERGY ACT OF 1946 '
For text of .Let sce p. 722 SPECIAL SENATE COMMITTEE ON ATOMIC ENERGY
- Senato 1.'eport .'.*o.1211, April 1s, sp;c
. rsHE Spacic! Comrnittee on Atorn:e Energy, to whom were roforted vario.;s b ::s for the control of atomic energy, report back to the Senate S.1717 with amendment end recommend that the bil: do pass.
ANALYSIS OF S.1717 SY SECTIONS '
$cefion I. Dac!aration of po! icy .
.Sub*cet fo'the pararnount ob,rest:ve of assuring the national defense
.and security, it is the purpose of the bill to direct the development of
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i aternic energy in su:h a way es to improvo the pub!!c welfero, incresso t .c stand:rd ci 1:v:ng, s:rengthen irco competit;on in private enterpriso. .
nd prometo wer!d pca:c. To cerry cut thoso purposes, the '::! o prov: des
- * !ct Governm: t c:ntr ! cvor stcr.:: c .ctgy cr.d for Geverr.cnce.t pecgrams ci informat:
pr: gram o, .en, pred.:ct:en, it provi.
to cacec:so tn.res::.-:h. cr.d deve'opment..s contro., ond ca
. cc=:..r.s.ra:.cn . ..s do. .
vebpment, . .
sub;cet..to it.ternathna: egicements of the United States and to suca. ct:r.cr cgis. .1 en es in.c vs .gress rnoy ena:t. It is to:cgr.i:cd
- h;f meiny unicrcsceae.a devc:cpecnts ecy at:so in this fic!d requ r ng cher.ges it. th: icgh.c::ca from ::mo to t:me.
Section 2. Orgcri:: tion (a) Atcric En:rgy Comm:sfon.-The Atom c Energy Comr,:ss:ca is Ino pr nC:pa.,. ccm, r..str4 ..ve
. cecy estc.... o.. sacd .
scsponsio,o :o. c:.m.a. ster r, ccm s:.: centro inr.ot. c:.l.
.s over As suc.n. at .15 etem;c energy. ,.or .
carry.ng on pecc.uct..cn. rests.:n. ena c.evo:cp=cnt programs. end ,.or st.mu!ai!rg cad suppc-t.."ng . s pr*vSt3 resCSrch and devc!opmont. Ih6 Com-g .
m.ss:cn is compes:c c: :.vo :u,.,.,ime civ.:.en mem., ors, appointec. gvy fn. e
?rcsidant end 'ccr.!'em:d by the Senztc.
The pecv:sfon for i.S.t:mo Ceme-lss:ccors was urged by many witnesses at the cc=mittee her.r:ngs, esec:::::y by expc-ts in Governmer.t r.dm n.
istrct:cn. Ecso w:tnesses emphas!:26 iho grave responsi'o:I:ty for nat: ens!
s::ctity and wo:icre devo'v:ng upcn the Comm:ssioners. the need ict con-t:nuous study ci chc.ging ic hn::ci deve!opments, end the many inno-v:tions in cdm r.!strat:vo techniques that w:Il be invo!ved. Wh;'o the-Ccmmissio.rces
.. r.c:d r.cf ha. schni:sts or technical crperts, they must n
como.r.o c.ser .jucgment
... . . . . .w.:n . . em g:nat cn and c.ourage.
g and ti.cy must.
..a i. ne r membcts o: raa luc.:. sty, ca so civerecc . rom privote. enoj ecm.
pet:r.g con:cris es to g!ve comdcta, c'dnterested, er.d undiv:ded atten- .
?!on to the:r tests. 'A seIsry ci $17.500 par annum for tho Chairman end
$.!5 c ..:s000 endfor respons.the...ethcr ..ou...cs Ccmmissicaces of:hese pcs:t:ons are comparab!c has been to those on set tn, to e indicato that tho i g
highcst level of Govcreme..t ecmicistrat:ox '
3s .o o.cc2s.on ,.o 1 m:t mom. .
eerst.:p c.< . .g:os.
... .. ., sty to ca. .g.v. : ens was ac.opic,4 by t.,,c ecmm., ..
co .in kccp..ng .w.:n es:cc...saca tre,..t;ons o. ci our Government.
It accorc.s w..n . pr.r.c.p,es enct.s.t.co. ano ma.nta..nco ,.nrougnout American history. Caparture ~ frem these _.. pr:n::p'es has occ,as:ened jed:cial. cac.cutivo.
and leg. . t.sia vc c.sapprcva,., ar.:s as r.ct ,.o say inat t.ne comm.ttco tsi.s to . .,
rc:cgni:o !cg timate end impcrtant creas of atomic energy dcvo?opment .-
end control touching on the respons:b::t:es of the sn;'itary depsttmcats. * *
. !ndcod througho.t :ho bO. wherever these areas are "nvo'ved, prev:s!en is.
m:do for iu'l m!!:rcry p:rt:c:pst:on, end independent activities ci the mIIi. .
tary deperiments. especia::y in research.and devo'epment. ere not in-iri .ged bt.: express'y enec.rcg:d.
ano tone.rc c:. .:co Comm. ..st.cncts is su:h ,.n, .
- ct 5.yect terrns, w. ..:n c .c mamect cppo.ntco.
caca ye et eventua .y in.ey w.a serve-le..t. .i,3Jy .
adv..saola to c..:.cw :ct c ccmp.a:a rc;ppce. n tment c:.ar. Comm. . . it after-
.ssioners see.ms the act has bcca in forto ict 2 yests and the President has had the co.
- pertun'ty ci rov:ew r.g their wod. Resppo:ntments are then staggered-to avoid disrupt:en of the Comm:ss ca's activit:es. ~
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ATO.mc 2:NI:nGY ACT OF 10 so
, The ergsn::stien suberd'nsfo to the Commission consists ci e General
! Manager c,cpo nted o' y she Pres: dent with iho ac'v!co and consent of t'io Senato, and four D*vis!on heads, cppointed by the Commhsion. The d <i-
." sions spcciCod aro:
D:v!sion of Rcscorch, D:vhion of Product:cn DM,:on of Engineering, and Div:s on of Mmtary Applications.
irat.*on is based on acm'nistrat*vo czperience devc!cpod overn-in both GThis form
- rncnt and Inclustry. Such cuperienco pcInts to tho r;ced for a high Icvel policy group which con c!
- sch:rge its funct:cns without the add:i:cnn! cut-den of pr.ss:ng on current operat: ens. Day-to. day cdm:nhttctica is cost
- d:rected by a sing's me..cger. Wh;!c tho scepc and impertenco of his -
dutics o're such cs to requ ro h:s oppcintment directly by tho Pres *dcat, the manager is to woric ur. der the gc..crci supervision and d:rcefien of the Comm:ss:en, "to d:schargo such of the cdminhtrei:vo and executivo func-
- tions of the Commissica es the Commissica rney direct." .
(b) Genorcl Advisory Cornmittoo.-A board of civilion advisers is to be appointed *oy tho Pres:de..t to' meet at least four timos a year and
+
consu!i w:*h the Comm:ssica en scientiUc end technical matters re!ating
, to mater *c!s, product:en. research, cnd development. The. comm:tico's intent:en in cdeptir.g th*s c'ev:ce is to er.!arge the panel of ta!ent and ex-pationce comp!cx dut'os.
en which the Com= ss;cn can decw in performing its varied and (c) Mi!:icry Licison Cornm!!!co.-A Mi!:tary Liaison Committeo ap-poinicd by iho Secratar:es si War and Ncvy is to consult with the Com-missica en a:! cet vit*cs rr at:n "
energy. Th*s provis*on has bac..g to the mi!itary app!: cations of atomic
- adopted to give the actned fccces a proper voice in such rnetters es cava
- Opment, manufacture, stordge, and uso of bombs:
ci!ccr.t*cas of Essic .shio matoria!s for ndiitcry reiaarch:controi of iniorrnet:en refeting to the manufacture and uso of atomic weapons. .
Upon rccciv'ng iho recem=or.dstiens of the Mi!itary Liaison Comm:ttee,
,,, tho Socroferies of War and Navy may at their own discrclion carry to the
- Presic'est a protest aga'r.st any of the Commiss:on's act;ons or failurcs to cet in tcierence to the snatters describcd. In such event. Enal decisions es to ihe courso of action cf the Commiss:ca rc!ating to matters for which tho War and Navy Departments havo responsibliity are modo by the
?rosidcnt.
- Section 3. Rcsoerch The comm!tice roccgn?:cs that. on!y by cont nued progress in science can the purpose of the bi:l be echieved. It is firm in its opinion that continued pecgress i will dopo..d, in tho future as in tho'past. upon tho frco and c'!s nterested work of the thousencIs of scientists and researc g warlors in privete labortict:cs anc universifics throughout our country and the wor ld. Science is not mada by its titens clone.
{
la droit:n;; the bi!! the come!!teo has bcon particularly coroful to roirain from insert:ng pech:b: tic .s or restricticns of any. nature on scientIGe research.
I ino cornmatce conEres the powers of tho Commiss:en over I independent rescarch to she in:n: mum necessary to protcet national so- .,
2 curity and to prevent barards to tha pub!Ic safety and health. The Com-mission is directed to assit privato and pub!ic inst *futions in the acquisi.
U.S.Coxc.Srnv. *4G-S4 1329
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I f - , CONCI:1MSION.E CO3131ENTS I t
- f*cn of an cver. expanding i und of theoretical and practical know!cdge in do is,'!cw;ng Colds
+
(1) nuclear procc*ses
_v s:y, t!on;
!ncladin;r proce:'ses,;m(aterials, cud devices relaterl to such produc-2) th
( ) utillnation of fLssionatio and radioactivo materials for merlical, ,
L.lolo;;Ical, Lcalth, or military purpenn: i (4) utille.tlon of fissionable and '
radioactivo r.'aterir.ls and I rnemes entailed in tho production of such
- materic.l.s for att other purpoac8. including indur.tri.tl utes; and (5) tbo protcction of health durin,: rcuarch r.ud broduction activitics. .
Iho recans of cssistcnco provdcd in tho o' i:1 ato varied and oxtensIvo. -}
Tho Commissica is to moko ceren:;cmonts (includ:ng contracts, loans. . ;
grants in-sid) whh pt:vato or pub:!c ins!!tutions or persons and may p!aco ec:.Ipment ar.d fac:1: tics at thcir d:sposof. Ur. dor soet;on 5 the Commis.
sion is d! ccted "to disir:bute suiEcient fissionab!o matcrial to permit the *
' conduct of widcsprecd rcscarch end deve!opment cctiv ty, to the maxi. .
mum cxtent practicch'c." cnd is difceted in the distribution of byproduct I ms.forict to "givo proforenco to cpp!!conts propodng to use such materials In iha conduct of rescarch and devclopment activity." l L
The Commission is also d:rected to cr.rry on, supp!cmentary to these aids to privato cnd pub!!c institutions, its own program of research. in ,
she ficids vision. spec!Eod cbovo through its facilities and under its super.
R
- Section 4. Production of Essionablo material .
From tho start cf its dcliberations, the committee has Econ convinced -
!h;d an abso!ute Governmont rnoncpoly of production of Essionablo ma. .
teria!s is indispenseb!o to eficctivo domestic control of atom!c oncrgy. '~ f h numbcr of Esctors point unmistckab!y in this dircctiont '
1.
Fissionab!o reateriel is the pdecipal ingredient of the atomic bomb.
s Thus, to parmit p6vato manufacture of Essionab!c matorial would be to .
permit sentia:: tics.
pt:vate manufacturo cf motorial of enormous destructive po. ,
)
/
- 2. The production of Essionab!o rnatorialis ottonded by serious harards to pub!:e health and safety.
ha:ards is c!carly a gov.cenments! function.The responsibi:ity for minimizing these 3.
Tho futura prcduction of fissionab!o material is closely inter.
rotated with the possibCty of echieving cifectivo and reciprocol inter.
natienal scioguards accinst the use cf clomic weapons. It is undesirabic, therciore, to permit privato development in an arco which may soon be . -
p! aced under Government contro! by ressca of international acrecments.
4.
in'ency:
The production of. Essionab!c rnatcrial is ' techne!ogica!!y in its ,
its dovc!opment.
unforcscon and unforeseeab!o factors may play a grcot part in To permit decontrol and decentra:i:otion of this activity, and w:cien cent:nuing Govar,nment sup:rvision. would be contrary to the -
j pr:n:Ip!c of prudent sicwordship demanded of the Government by con.
s; derat: ens ci nationa! dofonso and national wcl fore.
5.
The techno!cgy of fissionab!o material production teaches that '
I even a slight interruption in the manufacturicg process may cecasion great loss and damage to the entito operaticn. ;
Government control is more I;kely to cssure continuity of operation than is privato contro!. (
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Nromc nn:ncy Acr OF 1010 Whorever possTolo, the cor6mitico ondeavors to roconcilo Government '
monepofy of the production of Essionabio motorial with our traditional irec.cnterpriso sysicm. Thus, tho bill permits management contracts for
- the cperation of Governrncnt. owned plants so es to gain the fuit ed.
vantago of iho s'd!i and oeperience of American industry. Industrial re-scorch in tho Ec!d of stomic cr.crgy is ! cit to private initiative, cven
-whero it relates to inethods of production. Pro:pecting for and raining of sourco materia!s aro at every stago to bo encouraged and support.
ed.
Section 5. Control of motorials .
- l. Fissionab!o meterials.-Fissio. ab!o materials are these capable '
, .of releasing substantial quantities of encrgy through nuc! car chain re.
action. Inc!uded are U-235 and p!utonium the Commission may, by regulation, add other materials to this class. Consistent with section 4, which providos for Government ownership of a!! production facilities cr.d a Govamment monopo!y of production, the ownership of o!! fissionabfe mefor:a! is vested in the Commission and private cwnership is forbidden.
The b:ll provides, of course,' that just compensation shal1 be mado to privato owners.
Wh:!c tit!o is vested in the Commission, it is authorized to distribute fissionab!e mator!al, with or without chcrgo, for conducting research *
'and development activitics for use in medical therapy, er for use in do.
vices utilidag atomic cnergy, pursuant to licenses under section 7. The I Commission is authorized to purchase or acquiro Ossionab!c rnaterial out.
si.da tho United States but the caport of fissionablo material is prohib.
Itod. -
^Since Ossionable materialis produced incident to research and develop.
mcat, cppropriato providon is moda in the bi!! to por, nit the conduct of
- such activitics subject to the maintenance of security, and health and
' safely standards.
- 2. Source motoria!s.-A sourco material is any material determined by tho Commission to be po'cu!iorly essential to the production of Us. ,
sionab!o material. The ro!ation of source motorial to nuclear energy i may be thus portrayed:
.' ri stor.att, masertat r
t Atomm O. e., nuwar) energy. source raaierran s:== orecc ins F,swondie maenal pu s.rmeMng
! Sourco materials inc!udo uranium and thorium and ores containing uranium and therium in such proportions as may bo sot by the Commission.
The princip!a of Governrnent rnonopoly which the committee has adopt.
- ed as essentiel in reference to the production and ownership of fissionab!e g
matoria!s is not extended to the ownership. mining or ronning of source
'l mater:ats. Nevertho! css, the cornmittco reccgnizes the necessity of giv.
ing to the Commission the power to control supp!!cs and transfers of sourco rnetcrial by r eens of licensing procedures.
Whilo sourco motorials in their natural state are not capable of dcngerous misuse, they era, as their name- indicates, the source of all '
Ossionab!o materia! and mud accordingly be conserved es the Nation's i mcst valuablo mineral resourco. Tho Commission must be assured an
- adequato and continuing supply of source materials for the operation of D31 s
y .
S l g t ,e
d
- 0 CONGiu:ssION.m cmu!ENTS t
f its productica facilifics for military or devc!opmontal purposes. The !
(,- Cornmission is therefore crnpowcred to tel;e, in return for just compensa-i:on, s.;pp!!cs of sourco moferia!s whorover found, or interests in roal i property containing such maler:e:s.
- j Deposits of sourco motoriels in the pub!!c lands cro reserved to tho Goverr.mont except where such rcscrvation would deprivo any person i t.,f existing r*ghts on a !occt:ca, entry, or sott!: ment medo prior to the onectment of the bi!!. The Commission is authorized to conduct inves-f*get:ons ar.d inspect: ens on pr: vata property for the purposo of defor-rnining tho !: cation, oxtent, modo of supp!:os or occurrence, use, or con.
dit: ens of suppCcs cr deposits of such matcrials, but may not cor.dvet
- mining opcretions of en explorctory naturo on private property without tho owner's consent. It is not the intent of the commitfeo to authorize tho *
(
Comm:ssion to engege in mining operat: ens in competit:on with private mining activity un! css such operations cro necessary to insure to the Com- }a mission e supply of source matcr:6!s edequato for carrying out ils duties and responsibilit:cs under the provisions of the b!!!. i In framing those prov:sions the commifico has boca a!ivo to the neces-
~
sity of cr.couregir.g the 6ctivitics of it.dopondent prospectors. The tradi-tional r*ghts of ccd incentives to prospectors are substantia'!y preserved and they are relieved of burdonsome reporting requirements.
- 3. Eyproduct rnatcrials.-Tostimony beforo the commitico indicates ,
i that the radioact:vo materia!s yto!ded in the production of fissionable malcrial ero of enormous scient:i;c and industrial value and their distribu-lion invo!vos no danger to the notional security. Tho Commission is , t requ rcd to distributo theso materials with or without charge for research and dcvelopment activities, medicel thcrapy, and industrial and other .
uses, g:viag priority to medical uses and rescarch.
Section 6. M:litary cpplications of atomic energy Ur.dct secticn 4, the Commission is modo tho exclusivo producer of i'ssionab!c matcrio!. For reasons set forth in tho ena!ysis of section 4 and .
because tho two operations aro close!y connected, tho Commission is a'so made the exc!csivo producer of atomic wcapons. In view of their cectmous militcry signii'conco, etom'c weapons aro sub;oct, under the '
b !!, to ful control by the President as Commander in Chief. All deter-minations as to production rates, custody, and transfors are to be modo by him.
la rnii:tery research, es distinguished from production of atomic weap-ons. the ecmmittec has edhered to the general p
- latitude and ircedcm. ~ The armed services, ell ases w,rincipio privato of a!!owing great individuals, are permitted to engego in indopondent mittery research and under the provisicas ci section 3 are to bo essisted by the Comm:ss:on in their j act:vities.
It is not tho intent of the commitico to rostrict the existirig .
- powers of mil:tery departments in entering into research end develop- ,
ment contrccis with nongovernmcr.ta! organizations provided that al1, such centracts are in all their aspects sub;ect to the previsIons of this '
b!!!. All m!!!:ary research is subject to inspection and reports as provided
- in sect:on 10. Tre Commission itse!f is directed to engago in military to-scarch, working through its Division of Mi!:tary App!! cation,in c!oso coop., -
eret:en with the Departments of War and Navy. ~ '
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ATO.MIC J:Natt:CY M;T OF solo
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- Sec!!on 7. U!iliza! Ion of atomic oncray
!L. '
Tho comm: !ce is anxious to promoto the use of atomic oncray in all
, possib o Ec!ds for poacot:mo purpo:cs. Test; mony boioro the committeo l has shown that namorcus bcnotts, in tho Ecid cf medicino for cremp!o, are now or shortly will becomo avai!able. Other uses, as yet re otivo!y I
undevcioped, p'emiso r to bring obc.ut vest changes in tho industrial .
technology which under!,cs cur cconomic liio. ;
in ordar to stima!ato devo!opment, the bi!! cxtends the princip!e of irco rescarch to rescarch on devices utilizing atemic energy. The com. I.
mittco is awcro, nonothe! css. thct the sudden introduction of corta:n d: vices util: zing the powcr rdocsed by nuclear fission might precipitato l profound cccccmic d:scrganization. Groot industrial insia!!ations repre.
l-sentir.0 Nelion-w'do investments, emp!oying many thousands of workers,
- i might bo rendered cbso!cto. *
- Furthormerc. dev:ces ut:!izing cfomic energy, if w!dely used, would so '
multip!y pcicetIsl hczords to nat'onal health and safety that even careful ,
Gcvernment regulat:cn would io:1 to provido adequate sofeguarcs.
- The ccmm:tteo ice!s, iharefero, that the Congress shou!d rotein the
- opportun:ty of pcssing upon tho introduct:en of atomic energy devices l beforo the Commission is empowered to licenso their uso. The bi!! i provides: *
, I, 6tomic cacrgy devices ccn neither be manufactured nor used with.
out a license issued oy the Commission. .
- 2. No licenso for manufacturo or uso may bo issued until tho Com. j mission has mcdo a report to tho Congress stating oII iho facts with "re.
spect to the u:o of such c'evices, the Commission's estimato of the sociof, -
politico!. ccenomic, and international oficcts of such uso, and the Com. j mission's recommendations for necessary or desirob!o supp?cmental legis.s j y la tion." -
- 3. No I:cen:o for menuiccturo cr uso may be issued by the Commis.
sion un!!! after a report has been fi!cd with the Congress and a period of
]
90 days in which tho Congress was in session has o!cpsed offer the report .
hos bcen %d. .
i Tho Committee is desirous o!so that the provisions of the bi:1 relating ;
to licensing of ciomic energy devices shall not intcricro with the deve!op. !
ment of free compotition in tho uso of atomic energy. Thus the b:l! pro. i v: des that licenses on en atomic energy device. once issued, must be modo *I availab!c to all app:icants who can meet the saicty and security standards :
of iho Commission. Royaltics to be paid the potent owners of such - !
devices are provided for in section ll. I Tho io:low ng ec'ditional points aro to be noted: . '
I (a) Licenses are not rcqc: red (1) for research and development related :
to the menufactura of atom!c oncrgy devices; of equiomont or devices ice medicci thoropy. (2) for manufacturo or uso (b) The b::1 does not perm t the Commission to licenso the use of devices .
which prcduce fissioncb!o rnatorial in the courso of utilizing atom:c energy. .
l Section 8. International arrangements
- i
{ The committee reccgni:cs that the ult %sto solution to the prob!crns posed by tho developm. cat of nuclear enorgy and atomic weapons !!os in 1333 0
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coxa: :ssromu, cc::.u::m tho idoption of eilwci!vo end ur. force blo intornational safeguards. The *
- bil1 thereforo sects to creato a system of ddmeslic control o'odgned to .
'- protect t!.o common dofc..so end security, without constituting on ob.
stac!c to the c!teinmcnt ci satisicctory in!crnationci confro:s. '
To insuro that provisions of S.1717 do r.ct interfero with the operation of international control machinery, when esteb!!shed, sec :on 8 cxpectsly .
prov! des that to the extent any pecvidon of the bi:l, or any cetion of tho Commisdon under the o' Ji, coni.: cts with the provisions of cn international ,
~ agrcr. ment horcafter cpproved by the Sona:a or tho Congress, the provi-sion is to be considered of no furihcr forco or oilect.
The Ccmmission is spee!!ically instructed to perform its functions so as to givo max: mum oficct to the polic:es contained in international agree.
- ments.
Section 9. Picperty ci the Commissica The Commiss:cn is to icke over cil the resources of the United> States Governmer.t devoted to or related to atornic cncrgy deve!opment. This -
includes s!i etcmic weapons, c!! property of iho Manhattan Engineer Dis.
ft:ct, cnd c!i patents, meteriels, plcnts end icci!itics, contracts, and 'in-fctmst:en re!at:ng primari:y to efemic energy. Tho Commission is author.
i:cd to reimburso States end municipali!Ics for loss in taxes incurred through its acquis;rion of property.
I Socircn 10. Control of Inferraation This provision, of vitcl importanco to the Nation's security, was com-
- p!cted by the commi!!co oitcr weighing carefu!!y tho objectivos to be atta:ned. ,
l The preb! ems aro especially difficu!t because vital objectives L in a senso comeetc w!ih cr are in direct cer.flict with oneThe another.
~
cor..mcn defcnfa and security requito control over information which might '
he!a other nations to bu :d atomic weapons or powcr plants (until effectivo .
in!ctnational safeg.:ards cro estab!!shed) and, at tho same time, sufficient ,
freedom of infarchaniyo betwcon scientists to assuro the Nation of con. i t:nued scientific progress. Section 10'expecssly states thoso pol icy con. ,
siderai:ans of op,cosite fondency and attempts to framo a program that w:ll reconcI:e their appercat divergenco.
The d:ssomination of r .rtain information or tho mishandling of certain materic!s with intcat to in;ure the United States or to secura on advantage ,
to a icrcign nation is prohibited sub,7cet to a maximum pena!ty of 20 ycces' impr:sonment and $20,000 fino.
Dis:erninetien of such information '
with recscn to believe thct such injury or advantage will resuit is also
- prohibitcd, sub;cci to o maximum pcnolty of 10 years' imprisonrnent and '
SI0.C':0 finc.
The information invc!ved in these pene! tics is def'ned in the act and picced in a restricted cctcgcry. Eut the Cornmission'is empowered and direcicd to removo inictmation frem the rostricted category' wherevor its pub:ication w;!!'not cdverso!y affect the common defense end security.
Subsection (c) (5) of this section assures consistency of action between Gcvernment agencies. It ptchibits any agoney from placing information -
- in a restricted category under tho authority of this or any other law once.
such information has been released from tho category by ofiIcial action
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i Ntos:Ic IsNicntn* ACT OP mac ,
I l .
of the Atorr.ic Energy Cornmhsion. Whi!o tho. Atomic Energy Commis.
l i sion tnder this provision dctcrtnines which informotion remc~ns in the to.
- s stricted category, it may r.ot by regu!alion or olhorwise prescribe tho persons who racy cihsem: nato or roccivo it. Subsection (b) dircets the
, Commission is aid in the dhsemination of unrestricted information.
S:,b:cet:on (c) (9. providing that no person shcil bo prosecuted for i !
vioiction of the provhicts of the scction un! css and until the Attornoy Goncrcl has cdv:st.d cnd consa! red w!!h the Commhston, was inserted as cn eswrencc to scknthts woriir.g in ctom:c cncrgy Ecids that prosecutions '
4 wou!d r.ot c' o initie cd w:thout rov:ca by persons having the technica!
' and scientiCc background r.ccessary to deforrnine the significance of tho acts complaincd of.
. Subsect'on (d) catherbes the Comenission to keep constant!y informed -
of cli activ: tics relating to otomic encrgy both by reports and ectuel in.
sp9ctions.
Tho Commissicn is directed to pay special attention to act!vi-ties invo!ving the production of Essionab!o rnoterial. A Section f I. Patcnts and invanticas -
1 l In sect: ens 4 end 6 the bi!! provides for o Government monopo!y of .
. the production ci Ess:enchte meteriel end atomic wcopons. In consider. .
! . Ing the pctent irr.p!Icatic'ns ci thoso provisions, the committee conc!uded i thct privato pstants con p!oy no ro'o in Gelds of ectivity reserved ex.
- c!csivofy to the Government.
For th:s roosca. and to climinato risks of .
, disclosure of restricted it. format:en. risks which would be certain to j- criso
. ,- under ncrm:.1 patent peccadures, iho bi!! provides that inventions end l
discoveries in ihese fic!ds shs:1 nct be patentab!c rnatter.
- To cssure tho !
Commbsica ci secess to new inventior.s and to provide inventers with -
Enancial inducements in 1:ca of patent rights, the b!! requires that such
! inventiens Ec reported to tho Comrnission and crcoles a Patent Corn.
v i pensatien Fosed with authority to rneic awards to inventors.
e l
! order to encic the*peccctime bencCts of atomic energy widely avail.
l i obic, tho bi:i provides thst the grant of a licenso under section 7 corries
' with it the r:ght to uso any potented inventien or dhcovery which tho ;
I Commission hcs dac!ared to ha oficcted with the pub!ic interest. ,
such use.is sublcct to the paymer.t ci reasonab!c royalty ices to bo do.Any i termincd by tho ?stcnt Compensstion Soard.
I Any person cpp!ying for an eward or cer.;pensation er for the defor. .
mir.st:on counse!. ci e reasonobio roya!!y ice has the right to b3 represented by e revisw. la cach coso the Comrnission's decisions ero subject to judicis! !
,f Sociicn 12. Gencrcl authcrity i This section contains var:ous scncral grants of authority to the Com-mks ento- to encb!c it to dischergo its respercibilities. Theso in, elude eu.
thority .
c i
! (a) Ests' !:sh advisory boards to male recommendations on the Com-tr.isticn's vct:ous funct:cns.
i :
l' 1 (b) Estabikh sciety end heeDh scgt.!ctions for the possession and use of Ossionabic and byproduct rnater:als to minimize the danger from ex. '
l
$ plos:cn rad:csetivity end other harmful or toxic efiects incident to the
, presenco of such materio!s. !
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CONGUE.%IONAL CO3DIUNT.S
[c) Make studies and invcstigsfions, cad hold hootings and summon witnesses to assist in carrying cut its dut:cs. ,
~
y (d) Appoint cificers cnd cmp!cycos, uso tho services end employces of cther egencics, cad utili:o vo! ntcry or ur.cor.spensofed por:ennel wherever c'=sirabio.
Appointenents cro to bo medo in occordanco w:th civi!.: cry ce Isws but the Comrni:sion may, wher.cver it deems the actica necessary.
rnr!;o cppointmcnis withcut regard to such laws. .
Reluctent os tho ecm. *
.,::tco is to depart from tho estch!!:hed fremcwcrk ci the civii.scevico laws, .
'.t conddcts the gecnt of this.cxcenpt:r.g 4: tho*Ity to tho Comm:ssien c:sen-
. ::ct to cssuto the Co.r.m:ss:cn sa!Cc:ent ficxib!1ify in the conduct of its
!:rgo.scelo end vcried operctions, and to insuro avaliability to the Com-rnission of per:ennel of the highest ca!!ber.
(c) Acq=:ro rn:.tcrie!s, property. end cther cquipment, erect buildings -
cnd ccquiro cnd so!! rosi end perscnal property.
j (i) Dispose ci rcd:osct vo rnatcricIs and male other special d spositions e for rossons of not:enel security witnout regard to tho provisions of other
- sws. !
As a precaution against unierc:cen contingencies, iho Pro:ident is . .
I granted limited cuthor;ty to crompt specific actions of the Ce,mmission iroen applicch!o Icws whenover such ection is esse,nt'al for security reasons.
- Section 13. !
Compensction icr private property acquired '
Consonant w th tr'o brosd dulics cnd operating responsibilitics assigned {
i to the Atcm'c Er.crgy Commission, the bi!! grants to the Commission the oppropriate requiitionir.g powers and powers of eminent domain. Thus.
ur. der sect:cn 5.-the Commission must ecquiro o!! Essionabic motorials and }
mey requisit:en stoc!.s of uranium cro or lands contoir.ing uranium oro; under section 11, the Commissica may acqu!ro cny invention or discovery .
or eny patent covering en inventien er discovery usciul in iho production v of Essiensb!c rnstcrio! or in the utili:ction of fission,a'clo materici or atomic cc.crgy for a m:iilery weapon, cr which utili:cs or is esscatialin tho utili:ation ,
of Cssionob:o enatorial or stomic cncrgy."
Section 13 provides that compensstion for property so acquired is to be, determincd init's!:y 'oy the Commission. If tha compensation dotor-m:ncd by tho Commission is unsatitioctory to the person entit!cd to ifl '
ha!i tho etnount is to bo paid to h:m irnmod:otoly and ho is entit!cd to sue in the Court of Cicirns for such balanco os the court may de!crmino repro-scnis ;ust cornpensstion. '
The Commission is granted euthority to teko immediato possession of I property ecquired comp!ction by em nent domain or requisitioning without awaiting of litigst!on. !
e-Scci?cn 14. Jcint Cornmittee on Aternic Energy , .,
The importccce of tho Ec!d ci otomic energy, coup!cd with the unique chceccter of the prob! cms reised by its dove!cptnent, mckes it peculiarly
-desirabb cnd r.ecc:sary that the Congress be fu!!y acquoicted at c!! f:mes < '
w;th the work of the Ccmm.ssion. The bill in section 16 makes provision for reports which will contributo to this end. ,
More important. however, is tho provision for tho establishment of t
a ;oint congressional ecmmittee, to be composed of nIno Members of 1336 -
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I ATourc n.Nnncy .tcr o:e soso I
the Sonato end nino Members of tho Houso of Roprosentatives, directed {
to mcLo cont:na:n:; studios ci ths activ*tiu of the Atomic Energy Commis. .
sion end ci preb =s related to iho development, uso, and control of ,
l atomic cnorgy. .
- Tho joint cernm
- tico is empcwared to ho!d hoorir.gs. to act on Icgis. ,
, lation. end to cc,dp itscli whh a staff of such caports and technicians :
- es it deems r.cco:sary to carry c:.t'!!s funct:cas.
- Tho usciu!nsss ci such a ccmrnittee in focusing respons:bii:ty in the Con.
, gross ar.d ;n leeping the leg:s:sturo informed cannot bo overemphasized. '
i Tho *oint committco w:.! be in a position to give substant:al aid to the Ap- ,
- l. propriations C:mmi:tca; and to givo considerat en to supp!cmentary ,
l and amending logis!ction as the need at:scs.
f '
. Section 15. F.r.icreamer.t - -
This section p.evides pene! tics fer vic!atien of the several provisions .
of the b:!!. These inc'ude prohibiticas egsinst- * '
- l. The cwnership cr productica of Ess:enab!e mctorial. ;
- 2. Ownershio ci creduction fec!litics. v
! 3. Mer.uic:f'uro c'f ctemic wcepens. .
! - 4. Vic!ation of rcporfir.g end inspection recuirements. .
I WiCii.! vic!ction ci these provisions is mcdo punishab!o by Eno and l impriser. ment, determ!r.:d by tho scriousness of the ciicnso. Vio!ation -
with intent to injuro tho United States or ho!p a foreign power is punish- .
ab!e by a moximum pencity of 20 years' imprisonment and a fino of .
$20.C00.
Tho Commis2:en is c!so given the power to app!y to the courts for ini. met or.s. Federci courts aro authori:cd to issue orders onforcing .
the Commission's s:.bpancs. -
W
. Soci:en 16. Reports ,
l This sc 6n is to bo cvolucted in cen* unction with the purposes set .
. forth in estabi:shing c joint congress *onal committeo under section 14. .
l As pert of the pecgram for Leoping tho !agis!aturo informed, tho Com.
rnission is to rnslo semienn'ual reports to the Congress detailing its ac.
tiv:fics. cnd cdd:t:ces! reports inc!cdIng recommendations for legis.
!ation cs the Ccmm:ss:en c*coms necessary or c'esirab!o.
Sce-:-I:n 17. D:Enitions i, This section states c'ciinitions of tho fo:!owing terms: Atomic energy.
Govere. ment egency. persen. Un:ted States, research, and development.
i Section 10. Apprep.-iaticas r ,
in prev! ding e:.: hor:ty for approprist: ens, the committee is aware that the natura of expend:turcs en ctomic energy c'evelopment has, until now. '
, ocen a m!!itery sc ret. Thoto is no just:Ecctica in poacofime for continu.
i ir.g this swc:p:ng prec:Ico. Certain crit: cal erces of activity will never. . .
I the!ess cont:t o to. to.ch c.'. esc:y upon the nstional defense. To assure t t.r.c maintenanco c: sc:.r..:y m cent.ach.on wit. .n expenc.turcs in such creas. "
! the b!!! provices that ist.;ro apptcpr:ation acts "may cpprepriate spe:iEod -
t port:ons thotoci to ho ceccunted ict upon the cortiEcotion of the Com.
- mhs:cn en y." . !
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. CO.NCnESSIO.N*.% CO.'. DIE.NTS *!
F nds c'c:Tqated but r.ot expended during any fiscci year are to remain ,
v dvc'.!.~.b!J ice ciper.d*tura during fCur su:cc0 ding yCces. Iho uncApCr.dod l balances ci t. c Manh .itan Engir.ccr D* strict cro to be transferrod to the Ccmm::::c "r. s :h pertion es tho ?rcsident may deictrnino.
Secten 19. Es,:r.rab!::iy of provisiens ;
1:. cr.y prev.s.cn or : .s o.a . . . . .is r.c.c .r.v61.d. other provisions cro no,. ,.o be cficcted ::-crchy. l Sect'sn 20. Short t:t:o ,.
This A:: may bc cited es the "Atem:c Energy Act of 1946."
YOCATIONA!. EDUCATION ACT OF 1946
^
For ic:t of Act sce p. 741 , l SENATE COMMITTEE ON EDUCATION AND LABOR Scnctc Report No.1SSS, June 2G,1.1;G t
- 1 i
i h'AE C:n m:tica en Educction end Leber to whem wcs r bli! 'S. 619) to cmend tho act of Juno 8.1936. rc!a!!ng to vocationol' cdacorica, so es to prev!do ict the further deve!opment of vocat:onal i
cdacot:ce. *n. she'scveral States cr.d Torritories. having. considered the !
same. report isverchly thcroon with an omor.dment in the naturo of a ,
sucst taic cad rc:cmmend : hat tho biil as amended do pass.
INTRODUCTION
- Your ccmmittee havo been aware of the velae of the federo!!y aided progrcm ci vect.!!cr.t! cducatica. The worth of the prcgram was great.
Iy crap.ec:.:ac emn ce;:!c,.y precoc..:ng snd c.uring i.no war years when sov.
crcl m!!::on war creduct!;a . workers wero trained for the industrics in. .
vo:vcd in the. picde: Ien of.war mctoricIs. The neces.sity for tho op.
propric....cn c: n any rna,...ons :or t.r.c vocat.ional trc. .ir..ng c: war procuct..on wcricts cephas::cd the.icct ihot the .prcgrcm of pu':lc vocational oduca.
.. . l t..cn was oy r.o rncens :u.iy cose!cpec .in th.is country.
- This bl.!. S. 6!9. wcs introduced in the Senato on February 26. 1945. ;
Pab!:c hes In;s en the b ll were he!d Apri! 30. Mey I and 2.1945. A sub:omm:itco wcs dcs:gnated to study tho var *c:.s provisions of tho
^
bi:1 and to recert their recernmenda:!cns to the fu:: cornmitice. This t subcommitrco has censidsrcd the bi!! through a period of many wecis daring'wh:ch t:ms cathor:::es have been consulted with respcct to various I sect:cns cnd prcv:::c..s of the b:!!.
It cer:y bccs=a evident thct thero was a real need for the exicasien of the present picgram of vccational cducation. Thero was also a Gencral fcr.:: g en the part of ycur cornmittee that we must cor.tinus the present State and lcca! edm!..is:railca of vccational cducal:on, ar.d in eny r.cw lst s'.at:eni avo*d !cgal prov s ens wh*ch weu!d tend toward the F:dara! centre! ci vc:at:ona: cds:st on. In this rosecct the adminis. '
trafica ci ve:at:c .a eds. cat;on undce the Smith.Hus:.cs end George. ,'
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t Jo.mt Comm.dco Report E
s House Report No. 2181, Son::,tc 2cport Ko.1699,83d Congress,2d Session 077ICII.L TEZT The Joint Committee on Atmnie Endgy, to tier. Lie, be directed toward improvi:: the p:t::e wettsre, whom was. re.ferred to bill,(II. ,R. 0757) to cmend. ""W ""!:3'"
petition in privato enterpru.3,i*'""";
H ""d"'d 6f ", an'd promon c
the Atomic Energy Act o.10io, as amended, enc
, for c:hcr purpo<es. Laving consider:d the same, Under the Atomic Energy Art of M4G, our Na-unanimnusly report favor:bly thereon and ree-tion has developed, in the form of our atomic-ommend that the hill do pa.v. Some individual weapon stockpile, a degree of de:crring power member.s of the Joint Com:ai:tec hold diver.N:it which m:y wc!! constitute the free world's great.
views on certain sections of the hill which r.ro at- est material asset in its ctTort to avert another tached hert:o or will be pre.wn:cd approprintcly worldwide wer. The elementary requirements of in their re.<pective IIoasc<. national security have compelled us to give mili.
This report describes the background of II. R. tary uses of the atom top priority. Yet we have 0757 [S. 3000]. wi.ich is the ennunit:ce.cpproved simultaneously developed, to a considerabic de-revision of II. it. M62 iS. 00.:23] on which public gree, beneficient applications of ti.ds new force.
and executive hearings have been held. sets for:h The past 6 years have witnesxd extraordinary the br. sic considerations which impelled the Joint scientific nnd technical achievements in atomic ,
Commit:ce to report it favorah!y, and furnishes a energy, both on the peacc imo and milhary sides. I
, section.by-section analyais of the bill. O Technological developments - some promising '
. longer and richer lives for all privileged to sharc Cimn';:.ng ecrspectivas in a, tomic Encr;y in the peacetime benefits of the ctom, and others The primarv purpose of II. R. 0757 [S. 3090) posing grave threats to the very exi :ence of is to brine th'e Atomic Energv Act of ID*G into civilization-have proceeded much morc rapidly accord with aimaic progress'anci to make our than was evpected in 1940. As a result, atomic-Nation's leuish.:ive controls better conform with energy legislation which was ence fully respon-the scien:!!ic. :echnical, economic,' cud political sive to cssuring the common defense and promot-facts of atomie energv as thev exist teday-almcst ing the national weliare must now be revised to a decade after S.171'7 becam'c the law of the land take account of existing realitiesin atomic energy, (Public I.aw 55~.,70th Cong.). in our Nation and throughout the world.
The o:ganic law was written at the verv outset '
When the origin:1 act was written, the United of the ::omie er.t. Those who ~narticipated in drait- States possessed a monopol 3 of atomic weapons.
ing that law were keen y a rare that manv un. In a world where just and lasting pecee was fer-known factors were involved in mensurin'g the vently sought though not yet c.ssured, simplc futnre impac: of this new dource of energy upon prudenec dictated stringent security regulations our national life. Indeed, the law warned in it, aimed at prolonging our monopoly. It was widely findings and declaration that "any legislation will believed that the Eoviet Union might not explode necessarily be subject to revision from time to its first atomic bomb for many years to come, and time. " We drem it a tribu:e to :he special com- that still more years might pass before it could mittee which drafted S. 1717. 70th Congress, r.nd produce atomic weapons in c.nsnti:y. In point of to the late Senator Brien McMahon, sponsor of the fact, however, the Soviet Union broke our atomic
!cgislatina and subsequently chairman of the Joint monopoly 'le.ss than 3 years after the Atomic Commi::ce, that the organ:e !:w has served our En, rgy Act of 194G was put on the statute books.
Natior.al so well for near13 a full decade. We . In tuo fall of 1953, less than a yccr si:er our tirst would n!so ncord our satisice: ion with the inet full-scale fusion weapon test, the Soviets also that, at a time when atomic energy was popularly echieved a thermonuclear explosion This clearly c> socia:cd only with the ::om borab, the organic does not mean that the security reguia: ions con-inw %ptchica3y cal led attention to constructive t:ined in the Atomic Energy Act cf 1940 served uses of the c. tom, by declaring th t- no useful purpose, or that an indiscrimine.tc rc.
sub.dect st en t!=cs to the s, laxation of these saicguards is now in ordct. It scric;t tic coursos (efe=,e n= dpar =our.t the security, objcetive cf f.evs:opsc:.t does mean that our provis:ons .or tac control or sad uti:iastics of stomic energy shsu, so (sr as prae information must now be revised to protect our
- i. _
r heen prodnoing relatively small ammints of elec-s._, national internt in a worhl where the forces of tricity at the nat*onal res.ctor testhot station in evil have added to their cimvei.tional arms a Idaho. The landd.ased prr.totype of the atomic growing ability to laur.ch a devastating atomic engine p: ope!!ing the U. 9. .S. Nautilits L,s already h!mv against the free world. produced ir. ore than enough power, to send an When the organic law was enacted, atomie sully m:b-bombs were regarded by most as strategie weap. utomic submarn,c r.round the worb, hmise Elec-mer~ed anti at inll s;.eed. The Wc. sting ons. Tactical applications of the military atom tne Corp. and the Dn3uesnc Power a L;gnt Co.
1 .
were but dindv perecived. Still less was it ree, are now construcimg 11.c Nat,on'.s i first hirgcwcale ognized that the time wouhl soon con.c when atomic-power reacttjr,. wnich will gencrr.te CO,000 tactical atmaic weapons con!d profoundly, per. kil watts, ot electricity-an amount su. .cient to haps even dceisivc!v. afi'ect the olierations of the furghh baht and power for a sizah!c c,ity.
groumi forces defeiniing Wr.s teen Eurcpc. With d'any tyyhnolomcal pm,n! cms umain to he sjved our Nation the sole possesu,e of aton.ic weapons, betore ,w;oespr, cad ato,mic power, at compet.,.tve and with tl:cac weapons hu.shanded for a stri.tegic pnces, is a rennty. It is clear to us that contmucc.
counteridow against an aggressor, there was no Government research ami developme,nt, u. sing Gov-need for acquaiating t'riendiv nations with infor- crnment funds, will he maispensning to . Speedy mation eene crice'is and inilitarv cm. and resoluto attack on these prohlcms. It is crpul.y ploymen'. < atomic weapons. Yoday, clear to us, howev,ct, that the goal on. atomic power however. m engaged with our allies in a at co:npctit,vei pr:ces wd,1 he reached mo c cnickly i is now dommon endeavor, and cor..hined forecs, toinvolvin[~ conaaon dan the tide planning of Ucd mili. ifencpn,vate uragedentupm, to play n mng pnvate,m
,ar larger m,,evelop-ro!c in tac g revent it fro:a en;;u! Sng fre.c ment of atomic power than is permiticu under tarv powcr and. n,s preponderance m, a, tom:c.
8 .
existing legislation. In particular, we do not be.
Europe. Aincnga weapons can, onset the nn:acncal supert,onty o' licyc that any developmental prograta carried out i solely under governmental auspices, no matter how -
the Colamu]nst forecs and acrve emphatic not,ce on the, Sov ci:icient it may be. can substitute for the cost cut-cupy trec M,ict metators tha. any attempt into the tree wur..., would be zoredoomed to ,in:1 ting and to,otherne.uropp. or to incentives of free' andpush surther competitive enterprise, u,re. let, so h.ng n,s our law pron,ibits us trom Today we are not alone in the drive to r.chieve pring our partner.5 m thesejo,mt c: forts for com- peacetime atomic power. Ei tht years a::o, besides mo,n de:ense .such the United States. only the United Kin: dom,'Can-qmeca ior realistm, atonne mi..tary miurmat,:on phommg, our ownas is ada,re-and-as we have recently come to th d-the national sea.nty suffers. Soviet Union, had major atomic energy projcets in To contrae: s'il! farther dizi*erences between the being. The possibility of cooperating with other perspective c.f 1. to and that of 1911: It was com- nations to gain mutual advantat;c in the area of mmdy believed A years ago that the ::eneration of peacetime power appeared inr in the future. As u eful power fram atomie - energy was a distant against this, however, more than 20 countrics now goal, a ver,s di3: ant goal. Atomic energy then have vigorous atomic. energy programs, and s. v-was 9 i percent for military purposes, with possibly cral of them are pressing toward the construction 5 percent for 1.cacetime uses. The resources of the of atomic power plants to turn out usciul amounts Alumic Enc:vy Commission nud of its contractors of electricity.
r.ppeared fully adequate to develop atomic. power In 194G, finally, our Nation carnestly hoped that worldwide agreement on international control of reactors at .. rate consistent with foreseeable tech-nical progres Moreover, there.wr.3 litt!c experi- atomic energy might soon he secured. It was ren-ence concerning the health hazards involved in sonah!c, therefore, that the original act should operating r.tomie phmts, and this fact was in itseli prohibit an exchange of information on commere::.!'
a co:apelling ar:tument for making the manufac- uses of atomie energy with other nation.s until such time as the Congress declared thr.t effective tnre and use of atomic materials a Government and enforcible international safeguards against the monopoly.
use of atomic energy for destructive purposes had Today, however, we can draw on the expericuee been established.
acquired in ' designing building. and operating But our hopes of 194G have been thwarted by more than a seorc of atomic reactors. It is now unremitting Soviet opposition to the United Na-evident ti.at greater private participation in power tions plan for the control of atomic energy. Al.
devole ment need not. brirca with it attendant though we would he morally derelic: it we aban-hazarris to the i.calth and safety of the American people. Lrcover, the atomie-reactor art hr.s al- doned our hopes for the eventual cifective inter-ready reach <d the point where atomic power at national regulation of all armaments, Icgislative prices co:npctitive with cicetricity derivei. from policy cannot now be founded on the expectation conventional fuels i.S 'on the horizon, though ne that the prospect of such control is either likely or
_. imminent.
within our immediate reach. For more than 2M: In summary: Statutory provisions which were years, the experimental breeder rer.ctor has actur.ny
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j in harmany with the su.te e.i ciomic_ develop:acnt tion. It.s Research and Deve:opment Sabeommittee v in 10bi are no lanser e main ent with t!.0 rer.litics held extended he:arings on the Commis.sion's 5. year J of n:omic energy in 1954. I.c;;is!.&n :.<,; real.on. reactor develo nne sive to fl.e needs and t .r..:.1. :na of :oday can serve scient*fic nnd ;eng,nt meeringprogram activitio. nnd on other re The weapons
- only to .!<ny out Nation, and like.mir.ded nn
- lons pre, gram has demanded a large por:!cn of the com.
- ns well, ti.e trne prmul e of nt.,mic cr.cr. y-both mitttc's int. n. e nitention.
) in tur.y.nu 5.!ie:j tla te,la! niilllar:,o strcayti, of II.c frce truld. nnd la ir.cn.w'ny op;4rt;witics for Thus, thrcugh studies, it.spcc lons, mcctines.
1.t: rings, u d con: inning di.y.to. day con :.ct 'wi?r.
d 7,chefctat use of flec <sto.. . tho :cmic energy progrc:r. the c;mmit:cc E:.s.
3 .
~I t.m:ssed a hr.dy of informr.:fon t.nd expericaca
.,,sto.y of ?ro::o:ca, I.c;is,.t.tbn
... which forr..s the base underlyir.: the Icgis!r.ticr.
. . As the commit:<c of Con::rm required by s::tute now rceommended.
. to "make continuing 3:ndies of tr.e development, On Febranty 17 of this year,:he Presider.t of the nie and contral of a.tomic er.ergy." ti.c joint com. United States sai,mit:cd to :he Con;rco a ser:es of mittec h:.s. since it fira: met in 1947, cor.ccrned it. recommendations incorpt, rating the proposa!.S cf self with 11.0 relationship he: ween a changh.g and the executive branch for cmending the Atomic growing n:c,mic prouram nr.d :he overn!! Icgislative Er.ergy Act of 194G. These t.mendments, aimed t.;
rce,uirements of this i.ew feld. An a resui:, the "n:rengthening the dciense and econt.my of the joint commi:tec hr.3, fr..ta tirae to time, recom. United State.s r.r.d of the free wor:d," sought to 4 mended to the Congre.<s ecr:nin amendments to accomplish the following:
the basic law as cirenrante:necs have demanded. First, widened cc,cperation with our al::es in certsia in the summer of 1652, the ecm:nittee decid(d to s.tornk enern tr.aucr ;
begin r.n intensive study of the proh!crt of atomic Mond, irn;. roved proccJurca for t!.e controt r.nd die power development, i.t.d ruluencd the ommission mainntka of t.toruk cr.er;;y inft.rn.ra.on; nr.J to prepare a stattir.en: ci !:S vi.srs on thi.s matter. D kd' '""'# "#"' d #"4 3' "I'4"8 h 3"
- Pendir.x corap!< tion ci ti.c Commin- d! "I*F"* # W "D"' " " ^""" "'M '"
- Lt.ited Statca, the comm.t:ca ; prebated and lasucs.io.n s:atement, t m December 1%2, a 415 pace print e tai:led "iomic Power and Fo!!owing inbmission of the Pecs! dent's mesage Priva:e I:nterprise." Ti.i. print, the :! rat compila. to the Congreu, the Joint Comm!*:ec, sittire z s a ti.m on the subject. .<ou;:ht to i::um!nnte the prob. subcominittee of the whole, drr.ited a series c:i i lems nuoric:ed with increased peace!!me atomic amendments to the Atomic Energy Act of 15461, energy develapmen:s. On April 15 and 19. the chairmr.n and vice chair' in the spring of 105:1 the Comm!>sion submitted man of the . Joint Cmam,ittee intr 0daced in:o the its policy statement on n:cuie ponor, and the com. House and Senate II. h. od2 anu S. 223, tijo mittee held extensive hearina on the subjec:. Dur. Y05"IL.I"3 *?*P"nion hi!!x. At the time these 1.il.s ing !!.o course of these hear.n.es, the Atomic Energy were mironueuh attention was t.rawn to the fact Connaissi..n emphi.sind thei maxi:nnra progress tnat they woulu, undoubtedly 10 sub;cet to re.
in this arca required grer.tes: contribu:fons in man. vision iy f the Jomt Commit:ce durme the courst power, do! ars, and resmrces from privn:c entor. of pubhc anu executive hearmgs on the proposes prise, and that legislative rev!sions would he needed Icgudation.
, to mnke this possible. Wi:nevea from the Depart. The committee met atmr.st daily in its cons.idar.
' ment of Driense and the Depar: ment of S:ste re. ation of thenc til;s and held man:. pui, lie hearings.
i ported that our n:. tion could invigora:e 1:s :.:omic at which witnesses representing Covernment r.ni
} power development cifor: withouts.ubtracting from industry worc heard.
- our atomic railitary s;ren.::h. nnd that buch n Throughout, our deliberatinr.s were marked
- brandened at
- ack on peace:ime power would ad- with the spirit of nonpar:isenG!p which hr.s cht.r-vantage our country h: i:3 Ir.:ctnn:!onal relations. ae:crized the work of the Join: Committee frem
, The tes:imour of excen:!ve branch wpresenta. I:s ince;): ion. Virtually rdi differences of opinica 3 tives and of spol:csmen for science. industry, labor, originally existing between co=n.!: tee meubers
- and mnnn
- :ement heard by :he joint committee in conecrnmg speride provisions of the !cgislation j t!.c cour3e of the 1051 hearines on atomic power were resolved in the course of our discuuict -
development 'Sppe.:rs in the G49 ph::e joint com. and through a more complete unders:nndir.g of j mittee publication on the sub.'ce: of Atomic Power the problems and the provisions of the meutre.
and our hearings ended with c><ca:ial unanim!".'
Development and Privc:e En:crprise, published in
, the fall of 1053. having been reached on the generst provisiou J The committee has, in addition, maintained a of the bills.
, con!!nuing nnd cc:ive imeres:.!= cl! c:hcr ph:ses On June 30. new bills incorp3 rating the revi-J cf t!.e ntumic progra :. t.:Tve:cd by :he proposed sions made during the excen:ive mec:ings cn legation.- I.sst sprin./. its Securi:y Subecmmittec II. R. 6502 nnd S. 3323. were .atroduced. Itl'
,j inctu! red in:o :he proecdures of the A:cmic Enc ~rgy these bills, H. R. 9757 and S. 3G50, which we no" Commisdon for safeguarding ekssided informa. unanimously report favorably.
3 a
> - , - - - - - - - - - --,,-----------------------,--.------,---------,__--.--------------_---_---,,--,------.__---_------------------------------,.,-_--------------------------.---.-------___--------.----------------------,-,--,w-
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4 We are aware of the heavy responsibility we Idlities of potential enemies in the emp nyment of now assmuc in commending :his !agislation to the atomie. weapons. The types of inforn.:. tion that s Cimgre><. and therchy to the American piopic. may be communiented to others to nchieve these Alany imponderables arc still involved in trying objectives are carefully de!!ncated, and it is made to char: :he future course of ntremic progr4<<, and clear that no information which wonhl reveal we prc3nme th.it the leg!>lative changes we now impor:nnt or signinennt data on the design or reemaracnd will themselves undoubtedly require fabrict. tion of the nuc! car portions of atomic revision from tlw to time. weapons or on the detailed engineering of other impor: ant parts of atomic weapons, can he re.
It is our deep convic;ian, however, th:t this verded.
~
legishtion will speed atomie progress and will We believe that penectime internationt.1 ctomic prorante the securnv and well being of the Nation. ener;ry cooperation on the basis of the terms set lt accomplishes th'c purpcscs set forth in :ho forth in :h:s legisla: ion will redound to the mu-Pre 3!denti February 17 sacw.gc to the Congress.
It rf.dreues itul! to a needed, across.:he board tun! henriit of n!! cancerned in sneh common modernization of the A: orc.!c Encr;3 Act of 1016. under: kings. We helieve !so thra the degree of rai'.!:r.ry r.tomic cooperc: ion envisaged in 1,hese It proposes chan;:cs wherever S years of testing the organic law in the hard crucil,!e of netual amendrnents will merense the ence:iveness or our experience has lod the committee to conclude that joint defense planning 1rith other nations in our revisions would unke for greater security, eni- mu:nni defense. We further helicyc that the t.t.
cicuey, and economy in the operation of our nn. tendant gains to our own securi:y will rnore than tional atom!c enerd.u program. offset the risks taken when any clas. tined millicry
.informt. tion, irrespec:ive of i:5 sensi:ivity or quan.
The Presif.cnt's Mona;o cnd the Pro;osed tity, p:.sses beyond our exclusive contro!.
Atnent.= cuts In ranking our recommendations fe,r interna.
tional cooperation, we have proceeded under the II*iJ<n.d cooperation trith our offics in ccriain pol!cy that security restnetions which prove to bc ato,aic rncerfy maticr, onerous or unnecessary can alws.vs Le relaxct..
II. !!. D .a t ....a 7 nm. 6. ;00 r.u: hor.ua the negotiat,.ton whercca the act. of abandoning 'ex'clusive control of hilt.teral agreements we coopern:wn w::h lor- over cnv item of information is irrevocnble. Ac.
cign untions m the area of peacetime vses of cordingIy, wo have approached these sections of atomie energy undcy carctully stipalatett safe- legi.4r. tion with great circurospection-preferring guards. The, Cimuatuton may transfey and ,ex* to ruolve any* donb*s on the side of caution.
cha r.ge restru ed dn:n acaling wita mdustr:al.
nonmi!!:ary uses of atomic oncrgy. Also, under Improro:nent of procedure for IAc control and dh.
cxp!!ci:!y 5:cted safeguards, the Commission mny semination o/ atomic cuergy informcIlon tr..nsfer to another nation, par:y to an " agree- The information control provisions of the or-men; for cooperation," n:omic materials in quan- ganis law and of these hills are built around the tities needed for the develop:r. cat or utiliz:. tion concept of restrie:cd data, which ti.e Atoraic of atomic energy for nonmilitnry and reser.rch Energy Act of 1910 defines as "cIl data concern-purpows. licoides n!!owing bikteral agreements ing the manuir.cture or utilize. tion of atomic in this field, :he legin.:!cn also nuthori::cs the wcr. pons, the production of Ssionable mr.terial.
Pres! dent to enter in:o an in:crantional nrrt.nge- or :he une of Essionab!c materialin the prcduction ment wi:h a group of nraions for the purpose of of pcwcr, but shall not include nnv data which l
in:crnr.tional cooperation in nonmilitary applica- the Commission from time to tim'c determines 4
tions of atomic energy and thercafter to cooper:te may ho published without adversel'v aCecting the with that group of nations, pursuant to agree- cos. mon dciense and security."
ments far cooperation. The,legisir. tion provides a C:cerance for access to restricted data hns been i
mechanism to haplemen: tne Prcsident's peace- con.ingent upon an inves:igation as to cht.racter.
time in:crnnt,! anal Atomic Pool Plan, on:nnea :n associations. and lovaltv of the individun!. The l
his s;pch betore the Lni:cd hations on December s tme investigative requ'irements h ve app!!cd to 8' E'A all personnel employed by the Atomic Energy On the mili:nry side, the legislation permits the Commission or its contractors. whether such em-Department of Defense, under con:prehensive ployees would in fact have subsequent necess to i
securi:y safeguards to :ransfer to another nation, only small amoun:s of clanised infor:n:: ion of or to a regional deicase organization of which we li::le sceurity significanee, or whether their posi-are a raember, restrie:ed data concerning the tions required bro d and contir.ning cecas to the tactical employment of atomic weapons. Such mos: sensitive da s in the c:omic program. The informn: ion inch: des dr.:a necessary to the de. amended legislation would permit the Atomic velop:acnt of defense phns. the training of per. Energy Commission, on the br. sis of cs:nblished
. sonnc! in the employment of, and defense cgainst, criteria, to relate the scope of background inves.
- atore.ic weapons, and the evaluntion of the capa. tigaths required :o the extent and sensitivity of
~.
~
the classi: led ir formali .n t.I which an emple.yce We have itcommended legislative changes in this y won!d have access while 4.n the projec: We be. area only after exhaustive consider:.tica of all the lieve that auch a practice wi;l n.nhe (c.r greater factois involve.!, nnd <>n the basis e,f our carefully overan secur;ty and gra::cr ;sto:cetion of atomic considered judgnwn: that these c'.r.nges : will scerets, by penuitting the res..urecs rei onr in. prornote our commt.n defense and securi:y.
ventigc.tive ng<ntics to be cc:.centrr.ted on those U"2 'lomestic clcedopiacnt of purcch.me uscs of n re.is w!.ere pain taking .im; scrupu!ous back.
ground checks :.re mos urger.:ly required. 6"' i' 40 As .toiaic weapons have n.c re nnu, :nore ns. .Th.e .cre.m:c law rna,,,ces the prodne:!on t.nn, u,>c E I*
- ate"F !J0 *930 ^ cN' cc[#*"'I
"
- 0*'
r.u m ed . .:.h.: 5:r.:us of conven;;o;;r.1 an....mrn s in o,.
TIriv muu.3 r.v :s permn .
nenher .o owr. no.r es an incr passus such materid, r.or. to cwn.o.r ope.rnic r.:omte our i.untarv<s.ervic,cu,se Department t De. persnr.easin~qi num,.scr d m access to re3t ricted data. ,L. nci r:av.
.c Ener~-v reac:crs.or otner 2r.enit;cs capa.ne o producing Commisalon. is ntnvnselpermitted . r.
- ostipumtes
<..1x Atom.e or. ut.m. mg
- t. the,se re. sameu:nater:ais.nat t re 4r.c cr.s;c,a.l -ll riga 3
i.n:n i3ata to mi;itary personnel quj.,ify:.ose . ng tor suen re.strie:ed.
or under the jurivliction of the L*nited States, in mformation on c necd.to.k,now ansit and possess. or to cnv C3sionable material, r.cw or hereai:cr ing the apprepriate service c: cart.r.cc. At th" prcduced', shall be the property of the Comfai.wicn, sarce time, C,onnnission cm.,:rnetors are prohibited and Gau he deemed to be vested in :he Commission from rever..,mg or disclost,ng rest,rn,:c,d on:a tq g, v rine of this r.et." It defmes "dssionab!c mihn.ry person cicarance, rc.g,nel rm the j.t.s
.. mg mate..<: muitar.v nia:crial" 4 oi :ne:rree:pi.
19: po:ennal as " plutonium, uranium cariched in the isotope.23.1, or :.nv c:hcr rnatcrial which the Co:n.
ents .irst $ccure an Atrmq,e r.ncray Commission mision deems to 1 e capable of refer.3ing substanti:d ricart.nce-ham. on investi:n.non, by tne r edr:ral quantitics of energy through nue: car chair. rer.c.
Bureat,i <>f Invesaganon c.: by ine C.vd fs,ervjec tions of the materia!, or any material arti!!cally Cun mpu,on. The amendmcr.:n wou,.d romedy tms enriched by nny of the foregoing. * * '"
adu.,nnst ratne .nonul3- by pernut:mg contractors The phrase "fis3icnabic material" is stricken and ment o, D
!!<enseg.s of tne Comnu>em to gne Depart. from the proposed legislation, nr.d the 2.cw words
~
under con.gense per;o,nnel "special nuclear material" arc subs:ituted in its ntions winca wouhiaccessnssure:osaieguarding rea:r,icted data stead. This chanze is intended to clarify the origi.
of tne maormation. nal provision of ti.e ret to give to :he Commission, Much re3trie:ed data concerns the inilitary utiliz. in addition to the powe'r to detennine and regulate ution of a:amic weapons. 1:esponsibill:y ict the thh use of mr.:eriaba utilizabic in the fiasion control of r.!! rea:ricted da: . howevci. is vested in proccu. the power to perform the same functions the A:m. tic Encray Commis ic n. In certain in- in respect to materials which can he utilizcd in stances, the Department of Defen.se hr.s desired to fusion processes.
remove mi!!:r.ry utilization informa: ion from the This report hr..s alreadv smr,mnrized the consid.
~
restricted dr. err. lions underlying the stringent prohibitions of the punhc u,ta category, maam, to hnn.1:e anditwithout ,pu:ti,ng it ,in un,u,er tac,,rnic- the Atomic Energy Act of 10bi agt. inst privnic guarc 13 sed to, protect o:ncr clasuned muitar,s* partielpation in atomic energy. It hr.s also made mfor:. anon. L clear that chnnging conditions now not only per.
194G, however, mrmanon m,m!cr the ennAtom:e Energy he removed Act of mit but from rcr;uire a reicxation oi the>e prohiiit:ons the restne:ed d.aa category c:.;y thron:h declassi- if atomic energy is to contribute in the fullest ficahon. .od(jwimr a Comm;o:on c,.etermination that po8ible raeasure to our national security and th progress.
af;,c cctpubheat:on the common of th:s dc:a would de:cnse nn nct ndversely To The recommended legisir. tion :horciore permits meet :.ns, pro.,lem, the billperm:t , won,.a,d mtorma- secur;;y.,
the Commission to license private industry, to tion relat.r.g prunardy :o tae u::h,za::o:2 or atcm:c po.ucss and use specini nuc! car me.:crin!s. The weapons to,1.c rem,oved :, rem, u,.0, res nc:pd nr.tn United Str.tes Government, however, won:d rc:ain category a::ct n .wm: ue:er:r.:nanon, oy tne Ocm- title to such materials. The legis:ntion nlso per.
m:ss;cn and the Depr.rtmen,: of De:en mi:s private per. sons, under license of the Com.
data ,rc!atco pnmanly to m:,.u, zr.t:cn, cry unu,se and that mission, tneto own rene: ors intended to produce and that 2 should and could he sa:eguarded under the utilize such ma:crir.ls.
Espionage Ac: 0 6:stutes. The It is our nrmly held convic:!on that increa D.epar:
wn.1 .
. ment or, and, o:acr app.; eau:
,Encryy commm:on :n ace!nssi.
e pnvatetac Atmnm.De:ense paracipation m r.tomic power won.,,.a, deve. t nom sed ment. :.r.dce the terms stipulated in inis proposed fica,a,on ac. t:on.s myolvm~ ru:r.:.c.:eu. data whie.n
.cgis.t.non, i -
will measurcoh cece.ctn:e our prog.
3 rela.cs pnmar:ly to military u:'.aza::on or. atomic ress toward the das when economic c:omic power weapas. will be a fact. It'is likewise our cor.viction that The joint committee ha been keen;y ware of the safeguards wrinen into this legisla:ica will the cri:!cr.1 ro:e of info natica ecntrol in helping prevent special ir.terests from wir.ning undue cd.
-- assure this Naticn's continued :. cmic supremacy. vantages at the expense of the national interest.
Wo do not'believe that the efierts of freo enter. lon which is the bedrock of who natior.nl policy prise, using its own caoureca and moneys, are by in our democratic society.
'( themselves adequate to achicyc the speediest pos. We have every confldence that the domestic 3 sible attack on the goal of peacetime power. problems cra ted by atomic cncrgy cr.n 1 c re.
Neither do we believe that taaximum progress solved through the application of wisdom wii'.ing.
<i ness of compromi<c and good will. We are no i toward this objective will ba n:Yorded by an e: Tort relying exe:nsive:y on gover.nnental rcerch and less conildent th:.t the critier.1 internr.tional prob.
deveMp.r.ent, usin,t the pub!!c's ranneys. We Icms t. rising out of the growth of nuclear stock.
j believe, r.;ther, that ter.n. work hetwcen Covern. piles could likewisc be ament.L!c to resolution ment and !nduury-teamwork of the type en. through thcae sr.rac means.
Wo in America cannot be held accountahic for couraged be these amendments-is the key to i optimum prhgrees, eideiency, and economy in this the faihirc of the Coramunist rn! cts to foin with area of atore.ic cadcavor. In other words, our the free nations of the world in ushering in an cra of tr'uc atomic peace. We in Amcr!ca are legis!ntive propost.ls :. ira at encouraging f.ourish.
ing research :.nd devekpment prograras under accountab!c, howcrer, for what we ourselves do, both Governntent and private auspices. $ or do not do,in our strivings toward this gne.l.
We of, this generation hpve been vis!W. wit We are mindful of the fact that in the immedi. a new 2cm of cumy wmch can, ravage th is ate future, rehtively few f.rms may be involved planct l jcyond 1ecognition, or make at fr.ir beyond in this caTort. We :.eknow:cdge that danects of restrictivo patent practices arc present, though the wiluost dream,s et our , fathers. 1t is the hope, not inherent, in such a situation. Accordingly. 2t,2s the prt.ver 01 those or us wno now commcad i
we recomnwnd to the Congress ihnt holdcr3 of thys legnir. tion to the Congress that the atom wall be n t the destroyer but the servant of patents on inventions of primary importance to humanity.
the peacetiue uses of atomic energy be required to, license puch patents to others in return for Chapter 1. Daclaration, Findings, and Purpesos
. .:ur rovaltics. %is requircment of compulsorv In th.is chapter are sct r. orth the bas.t licensing w!;l app!v to all patents in the fiefd ments of pohey nnd nuns or the Icgislat,e ion and state.
which are sought fri the ncn 5 years. the constitutional findmgs in support o. the Othcr wit!!rra legi%1ation.
Daring the course of its deliberations on these Section 1: The aim of the hi!! is to r.ssure that
(,, atomic energy makes the nmendmeats, the committec has scrutinized the to the general welfarc or, the maximum Luon,. sun contyjention cet to cntire org:,nic hw, reviaing it in such instands the paramount ob;ective of harmg it mr.hc t,ac where S years of experience have argued that contribution to the comm changes were desirable. As a resuh, nll of the mapimum,ty.,
ano accuri The ,cnds toward wh,on de 21 sections of the Atomic E'ncrgy Act of 10'G - velopment or atomic energy are mrceted are have been elmnged. So:nc of the proposed revi. further stated to bc "to promo:c wor.d peace, sions nGet mattera of subs:nucc-they attempt to nPlord !cgishtive answere for prob 1 cms not exist. improve, the general wehare, mercase the str.rdi.
ing n Le time the organic law was drafted. Many ard of hymg, nnd ,s,trengthen free competition in cf the suggat<d changes are rainor-they are in private enterprise.
the nature of perfceting anicndments, or else the'v Section 2: The legal basis of the proposed 1cgis.
I lation is the constitutional powers of the United resolve possib!c :.miiguities in the cor.structian States including, nmong others. to provide for of the Engange of the original law. These rc. the common defent.c; to raise and support armies t visions are set forth in the section bv.section ~
to provide and maintain a navy: to make n'.! need.
analy.*is. and in the columnar comparison scetions of this report. * .
ful rules and regubtions respecting the terrhory or other property bc!cnging to the Unhed States; and to reguhte commerce with foreign nations mCons.
.:ce, red .in the.ir ent.iretv, t our optraon, maac our hatton,hc amendments, s atomic energy and among the several S:ntes.
.cgobtion a more respc.n.sive and adequate in. . .
m011o t spccal nudm map.sal is mtec. .in the strument for.dcalin~ wi.t'i the. Ero.b! cms Posed by Un:ted States so that there is adcquate means of 1h at1ven*, kna' cr"o1utton or this epochal new providing the United States with the,mr.terials for weapons or other preempung national uses Yet we are aware that legishtion. standing by in times of necd. The use of the special nuclear
,tsc:f, i can never sub>titute for prudent a;.d cou. material by others in facilities which, for the first ra:: cons :.dministration of our atomic enterpr!+c t'me, are permitted to be owned b3 persons other by the responsible c:".cie.h of the executive branch. than the United States Government, is regulated for cor.tinum,t undersinnding and support of our under the power, among the others cited, of the ctomic progrr.m in the Congrcss, and-: gest of all United Str.tes to provide icr the reguhtien of its
-Q -for that enlightened t.nd informed public o' pin. own property. In view of the broad powers a
=
1
j _
I conferred upon the Congren by article 1, scetion Commission licenses radio engineers. The owners 3, clause 2. of the Constitution, there can be no of the facilities would be licensed under other doubt of the authority of the Congress to excr. sections of the bill.
1 ci$e I:5 P *er' t* Pr* vide f r 8"Y manner *f Section 11 p: " Production fceility"is defmed regulation needed to protect the national inter. as any facility which is determined to be er.pnble
, , ests, end the interests of the pubhe. of th'c production of special nuelcar = terial in Section 3: The hill speel!!cs that the Commiv such quantity as to be of signincance to the com.
s!on shall carry out programs of encouraging rc. mon dciense and security or in such menner as scarch; of ditseminn ing technical informr. tion to aficet the health :.nd safety of the pub 1!c, or and controlling and declassifying restricted dr.ta; any important component part especially de.
, of controlling atomic energy and special nuc! car signed for such facility. This determination materialt of encouraging widespread participa. must be made by rule of the Commission. A fa.
tion in the ntomic.cncrgy program; and of inter- cility which is n'ot found by rule of the Commis.
national cooperation, subject to suitable saic. s:on to i:11 within the above dennition is exempt
, - guards; and of administration. from licensing cs a facilit3, though the owner must still have a license for any special nuclect Chapter 2. Dennitions material involved.
1 All definitions set forth in the b!!! are collected Section 11 r: " Restricted data" is defned to t in this chapter. Those portions of the definitions include all data concerning (1) the des!;n, manu.
which rec,uire substantive action have, in most facture, or utilization of atomic wer.aons; (2) cases, been separated from the definitions and the production of special nuclear materlcl; or (3) have been put into the appropriato section of the the use of special nuclear materi:d in the produc.
bill. Some of the dennitions which merit partie. tion of energy. The dermition provides that d:.ta uler attention are: ~
declassified or removed from the categorv is re.
Section 11 c: " Atomic energy" is dermed to moved from tho dermition. While this dednition mean "all forms of energy released in the coarse differs from that of the act by specifically includ.
of nuelcar thion or nuclear transformatian." This ing the " design" of atomic weapons, it was r.l.
denni: ion inehtdes both dssion and fusion types ways intended that this be included within the of nuclear reactions. It has been clarifled to definition of restrictcJ data, sinec it is perhaps mean onh that energy released "tt the coarse of" the most important area of secret informa !an [
m:e10ar Lsion or nuc! car transformation. The in the atomic energ'y field that this IN~ction pos..
dennition in the act also includes energy released sesses. The Commission has always considered "as a result of" such fission or transfonnation, that the design of the weapons was covered under and is scien:ificalle broader than is necessary or the def.nition of restricted data inelnded in the desirabic. Its deletion in the bill will not change act, and the Congress has concurred in the.: belief.
the intended scope of the cet or jurisdiction of Thus, by Public Law 235. 82d Congress (C", Stat.
the Atomic Energy Commission. 602), the Congress permitted the interehange of Section 11 d: " Atomic weapon" is denned for limited portions of rest.-icted data infor=ation the first time to express the intent of Congress in with other nations with the ver)- Erst proviso using the phrase in the act. The deSnition spc. "that no such arcangement shallinvcive the com.
c!fically excludes airpla'ncs, submarines, or rockets munication of restricted data on design and fat ;
which may carry the tweapons, unless the pro. rication of atomic wc: pons.'
pulsive power is an integral part of the weapon Section 11 t: "Speci:1 nuclcar meterit.1" is itself. It also mckes clear that devices that are defined to mer.n plutonium, unmium enriched in the developmental forcrunners of any atomic tho isotope 233 or in the isotope 235 or cny other weapon are classed as atomic weapons. material which the Commission determines to bc Section 111: " Design" is dcEned for the Erst speci:tl nuclcar material pursunut to the provi-time to mecn the documents containing specidea. sions of scetion 51. The Intter section is so on-tions of cnv item, the information contained on structed thtt materials essential to fusion pree-the docume'nts, and the data from research and esses could bo found to be special nude r mate-development pertinent to the information con. rints in addition to materials essentici to Sssion tained on the documents, processes. Because the bill covers such materit.ls Section 11 m: " Operator" is defined as any u, sed in fusion processes, the restrictive term "Ss-person who manipulates the controls of n produc. 820^^M8 ** used in the net tion f cility or a ut!!!zation iceility. This dedni. changed to ,tynal, specia l nucicar m:tenal.,,nt.s been tion is incorporated in order to permit the Com. Scetion 11 v: " Utilization facility" has e den-misdon tolicerac the actual operators of nuclear nition p rt.llcl to that of " production faciliti" re:ctors under section 107 in the same way that but based on the utilization of atomic energy or the Civil. A'eronautics 7,onrd licenses airplane speci:1 nucle:r materi:1 rather th.n on the pro-pilots and the way the Federal C)mmunications duction of specied nuclcar material.
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- i. l Chapter 3. Org:nization sion established by the bill with the duty of
,y gathering infoncation to show whether or not This chapter establishe.. - the Atomin Energv Commission and certain vr.rious snMnlinate anil egntractors. li,censees, and ordcers and crapk,yees auxiliary unha to a>si.st the Comndssion in the ^! .the Commin:en are complying with the pro.
mmns of the net, r.nd the rules and regeht:nns diseharge of ita statutore dutics, i Sveti..n 2: c a.hlishe.s'the C..mr..issinn ns a five.
man 1,dy. :.nd ;:!ves the Pre 3ident t.w power to 0f.the.
"" I#M Commirion. :ons of the act not supervised those prov:,s,This Division will be r by qDivisan g,gderdtoDye This is desi;tanic one n.cic. hor s.s tim Chr.iruar. of the the wt.ien,r.u of Inycatigation.co:np!ain Co:r.miasion. The C:,cirn.an i.* authorized to des.
when thero is cc.ncera nhout the operati:,ns of i;n: ate t.n Actin:t Chnieman. In providin~ that licensees under *he new provisions. It is not in.
nll menuers shall have equal reape,nsibilifv r.nd nuti.ority and th .t all members shall have onn '#"'ka that the Inspection Division repinen e ther vote in Coa. mis lon t.ctisms. the five man rule of necemry in;pgement inspection services such the Con.ui . ion's netivities h racintal: icd and as nuditmg or contr.:etor i,ook,s ar.d Comrciaion
/,t ren :the:wd. The right of the mernbers to have reconis except as such nettvities may be neces.
necess to ni! infor: nation within the Co:Nmission sayy 1,o fulfill the responsibilitics of the Inspection tiows from this responslidlits and authority. nc D:vwo,n in particuusr m3tances.
Chnirrr.an is given the tesli of being the of;icial Sect Comraa, ttee.son This20 c,stnbli.shes Comraittec consists theofGeneral Advisory nine rt.e:n.
spokesrann for the Coran,iwinn (which doca not han the i.ofding m exprcuinn of separate or dis. lers appjmted by the President and advisu the sentin:t views b.s any men.her) and of .sceing to Comm:ss:on rm technical matters involved in the the faiti.ful cuentir,n of the polie!cs decided on 6P#rI!on of 1::e Courmstion.
Section 27 estaldishes the 3111itary Liaison Com.
by the Commi- ion. Thi< ,tatus shon!d centralixc th. respohsibility for carrying out the wishes of m:tice. This Committee acts as a communjcation the Commission, a
link between the Department of Defense and the Section 22 provides for "i.vcar terms of the Commission. throngi,t which cr.ch heeps the other sully and enrrent y mforued of relevant develt,p.
members of the Commi sion ahd for the rotation inents. 4t was or,ginally i established in thc Atomic of these te:ms. It provides for the removal of Energy Act of WG so that tim militnry d(p:rt -
the members by the Preaident only for ennse. It ments would he sure of having nn aderpt:.te menna also provides for the compensatian of the mem.
b hers :.t 613.No ;w: nunnm. and for the compen. ""F. egnecrn about the activitics of a
- f.
.Vf'"'.UR sation of the Chairman at 62a.000 per annam-as " '5.phan Comrmsuon if those netivities adversely anceted the common defense and sceurity.
does the present net. .Smee the pas /agc of the act. the Department Section 2:1 provides that the principal ofdec of the Connaissian mr.y be in or near the District of of Dclense has b(en establish,ed to integrate the Columbia. but rerpiirs s the Connni tsion, in anv . van us 1]nlitary responsibilities. Therciore the event, to inaintain nn of.ico for (nc service o'f hill speciGes that the Department of Defense procew in the District of Columbia in view of (rather than the Military Liaison Commi:tce) the mr.ny new licensing activit cs i established by shan 1,mn the responsibility of takin: execp: ion the I,i!!. to actu,n or proposed netion of the Commission.
and pr vides that in such enses the mr.tter shall i etian 24 pro ides for the appointment of n be referred to the President for resolution.
General Mnnt.ger m ticriorm tho-c administrative nnd crecutive fm etions of the Connaission that Section 2S permits the appointment of active the Com:nission may direct; provides that his onicers to .scrve as director of the Division of service shcll Le at the p!casure of the Commis. Military App iention, and of active or retired sion; rnd provides that the uunnal salarv of the ordecrs to serve as the Chairman of the Militer.-
Genera'. Manager i.hnll not exceed $20.060. Licison Committee. In cither case the bill clearfr Section 25 estaldishes ecrtain important pro, provides, as has always been congrcssional in.
gr.un and st:tutore divisions and onlees within tent, that the total amount of compensation to be the Conuniuion. There are 11 program divisions. paid to any such ofilcer is the amount prescribed permitted by the bill, including the Division of by sections 25 and 27, respectively.
Miljtary Application. .The latter is Chapter 4. Research he maded by an active taemner ot,required the Armed to Tlu.s chapter pmides the Commicion with the Forec3. All program division directors are to r*ceive an annual svary of not to execed $10400 statutory nutl,.orit3 to see that adequate '.escarch In addition, the Ofnce of the Cencral Counsel is is pmmen m the .rogram.
recogriud 4.s meriting statutory recognition, ca. Section 31 provides the Commission with the pec: ally in view of the many new comp!cx legal nuthority to enter contracts or other arrant:c.
problems enterme tL: program with the m:ny ments to have research work performed for the V new heensing and regul tory provisions in th'c Commission within very broad scientine arer.s.
bill. - Tncre is also a statutory Inspection Divi. Section 32 provides the Commiss'fon with au.
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thori:y :o engage in reset.rch whhin those areas grersional authorixMion to construct cr operate such commcreial i c!! hies?
V Ji it, so dem!r.: 4.
Sce: ion,0'.1,c r.its the Comm!uion to havo rc- Chr.pter C. :@eck! Nuch .: I.~:.tcthl scr.rrn w:,.hin :; no4c st. sac nreas nerformec..in its . . .
facili:!ca for a:her persons !i cdequa:e f:ci:i: irs Th.y ,enapter c.er;Is ,whh ac:. r.. u, s , .ipming nre 1.0: nvaih.ble v*.scwhere to : hose persons. The ing p,uts: nte r;uan31 i Commit-!an is permi:tcd to =r.hc suca chr.rge for l'(d Gf matena.s b!II, su:f.10m* (NJY.. capt.b!c e otpurpo re.cp'fr r;un u
- n. nucler.:
the performance of this wer'.: s it r.::.y deem mt:crkh desirt.b;c.
, See: ion 51 providcs th : env materk! c.patic of rcler. sing subs:an:ial quant!::cs of r.:omic en.
Ch: ster 5. Production of 3.cckl Zuclear ergy =cy bo found by the Commission to bc h ,;ct.gl specki nuc! car r.v.tcrial, provided th:.: the de.
,J,,.!s c.aap:cr provices tne Commu.s! n with termine. tion is found to be in the in:crcs:s of :he the :.u:norny :o pro <.uce specjal nuc! car material, cercmon ciense cral securi:y. In th:: cr.se the or to have such unteria procuced. President must : gree with :he de:crininaion end Section M provides th:: the Commission, as it mus: corac before the join: cc:cmittee hcfore the r. gent of the United ' S::.tes, shall be the it can he oficctive. In view of the po:cntially owner of all production fue!!hics for the produe. grc.: i= pact any future dec!:.rntion of the addi.
- ion of specir.1 nuc! car me: crit.: other than those tion of fur:1.cr raaterir.:s to the er. cgory ci special wh!eh are useful for the types of rese:rch spee!Oed nuc!ct.: m:: crit.1 could hcvc on the econouy of in sce: ion 31 r.bove, and do r.o have a er.p;ci:y the N: tion, these str.in:ory sic ,s were deemed to suf.leient to permit en opernfor to manniacturc Le necc sr.ry. Furthermore, r.: any such time oduce an the United States would he required to pay just enough speci:.1 nuclear atomic wea;)on. materir.1 It also permits to 7'sces to the licen compensation to the then owners of the m.teri 1.
Comminion to own prodnetion facilitics. This nnd this might r0 quire large approprktic.ns. It prori.!:.n re<:uiring Commission ownership of all is believed that this provision gives the Commis.
other produe:!an facilhics is part of the basic sion the statutory basis it necds for inch: ding new requir0ments for having civilian rather than materia!s within this category. and still provides military control of the atomi energy program. adequa:e safs guards to assure that this power is in com:ee: ion with its own prodnetiin facilities, not a:iused. It should be no:cd that the scientific y basinn which the tirst Commis>!on determination however. the Oc.nuaiulon is pctrai:ted to have the ac:nal operation carried on hv other persons is to be based-namely, the rc!ctsc of substantkl under contrue: to it and under it's direc: ion nnd permhs the inclu.
onentitics sion in thisofentegory ntomic energy for the firat time rar.:cri Is controh The tott.1 cmoun:s of special nuelcar material to be produced caeh year in Comtnis. essential to fusion processes as well c4 those es.
Sion. owned facilities crc to be deicrmined bv the sential to dssion proccues.
Presil.er.: who n!so determines the anmunt of See: ion 52 provide that thle to all special nu.
Special nuclear material to be c.vailab!c each vcar c! car material is to be in the United S!c.:cs, whh for dis:ribu: ion by the Connais3!an to licerisees thn Commission ne:ing as the agent of the Unitcd of the Comm!.o!on. Sta:cs in this connection. The provision requires the pr.yment of just compe.nsntion to th. ose .wh.o w, pe. .
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ne:a:tes law u..y in i.ecu..an.
rmits the,n..r.*~e,,
or rad:.
utihzm-tion cwn s.pecial .nuc. lear mater::
- o. f. materin.,.s :he tirne ::. is
. prow
- special I^IC,r cc:ermmen to be
- r.1 spee.1 c nuelcar mater::1.
nuc! car materk!s. It a.so proviles tnat those wna herest:c law ully Sectio produce special nuclear inn:cri:1. cxcept under 'a procuct:,n 43 pe,rmits the Com:nission to .cquireon contracttec:.itics with theorCommission, to acquire real nic toproperty bc paid a for :he construe: ion of production incilities for fair price for the production of such matcriel, as its own neccs, de:Ormined by scetion 56.
Sce: ion u permits the Cemmission to dispose Sec:
o,f usab:c energy gencrc:cd in the prodne !cn f:.
Comm.!cn:n:on may53 sets,cnd license forth the uses jus:::bu:c, sppe:r.1 for w cili:!cs or in the experimen: .'. utilization fccili:les nuclear i3aterial. Tnesc ine:nce resecrea or t,ne owned by the Commission. If :he energy is sold type spee:ncd,2n sect:en 31, research and cevelop.
to pub:ic;y or priva:cly owned utilhics or uscrs, m(nt or rrgdie:1 ::: crap,v uncer a heense unoer the price is ;o he subject to reguk:ica tv the scenor 103, or commereml operation uncer, n,h.
appropris:e :ency, S:::e c.: Feder:.1, havi:ig ju. cer.sc ,:ssued under sect:on 193. Tne Comm:ssten risdie:!on. This sec: Ion wd. permit the Com. 28 'Cinor: zed to,assue general or special licenses Ior :nc possession of special nuclear--material, miss dispose of th.r: n:i !zable er..cr.~y i prow, uces ioninto.t,;e course oz :s own oper ::ons, but y dccs nat ,c:.mi: the Commission to enter the Power procuck; business wi:hout further con.
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sci.d to rnake a charge for the use of such mater!El. rectly or indirectly prt,ducing special nuclear
- The Con.rais !.m is rei;uire.1 to make a charge for material outside of ti.c United .S: .tes, except such u e if it is in connection with a commerelal under an agreemer.t for cooperation (see sec.,123).
! liccase issued ur..le; scetion 160. An additional or upon an expres determination that saca ac-
! charge for special :.neicar materir.1 consumed by tivity will not be inimical to the ir.tercs,ts of the
' a licensee nn.!cr section IN is. based on the cost United States. This prov Mon 1s designed to the Co:.. .-issiim of pra h:cing or :.equiring the per:ait those who mign teach a,arnad, or w,to no
-I spceial nuch-ar materb.:. The charges for the might wish to sell unclassined services or parts other uses are in the discretion of the Commis- of ineilitics (not ir.ch: ding those parts found ,l.y sion. but must he estah!ished be rule so as to be the Commission tn be production or utihaat:on fair to all in siinilar sitimtion's. The statutory fac!:itics because of their special characterntics).
c6nditions on permitting the use or possession by or who might wish to 1.cip built,1 facilitics abroad others of special nuclear runterial are set forth, hr.vc an opportun!ty to do so with pnor Com a:$-
and include: sion approv.d. This section would. not permit
- 1. Title shall remain in the I*nited States. the disclos,ure of regtricted data.,or the export
- 2. Only those rights specified in the licensGare of production or utihzation facdities. These are to he granted to the liecnsce. pemitted only under section,144a and sections
- 3. No license is trans(crable except pursuant res;iectively. Tms aceta,n also con-M.3 tamsand 10,1;t,ons prohm: i r.nd hm,tntions i on the activitics to the hill' of the Commioion whh respcet to the distributton
-1. All special nue: car mater 3al is subjecs to the right of recapture or control in the ever.t of war of special nuclear matenal.
or a national en.crgency. Chapter 7. Source MaterN
- 5. Speelal nuclear material raar he used or pro-duced in utilization nnd prodnetioa fa<ilitics only Th.is chapt in accordance with the provisions of the bill.
location, mmm,cr specines ,the provisions for theg
- 6. 'A hc pouession shr.ll be subject to such terms source materials.
that no user will be permitted to constrnet an Section G1 gives the Commission the aut!.ority atomie weapon. to de>Ignate new materials as . source mh.terials ii 3
- 7. The ponession is subject to the heahh and the Comminion dnds that such materials are es- '
o safetv standards estah!!shed hs the Cammission. sential to the production of s;weial nuclear ma. I A 'The licensee will hohl the' United States and terials. The Conuninion must also End that the the Connuiuion harnder from d.nnages re>niting determination of an additional material as u.urce from the use or po.ue3 ion of the material. material is in 11.0 interest of the common dciense In distributing the material, the Commission and scenrity and the President must concur in
- is dirceted to encoura;:e independent research. these determinations. Any such determination Section M permits the Cor.uniuion to cooperate comes before the joint committee before it can ,
with any nation pursuant to an agreement for become criective, cooper.itioa and to distribute spesial nuc! car ma- Section 62 prohibits any person from transfer-terial to that nation. (See sce.121) ring any source material execpt pursuant to a Section .M penr.its the Canunivian to acquire license issued.bv the Comminion.
special nuclear nutorial outside of the United Scet on 63 specines the criteria under which the States. Commission is authorized to distribute source Section 5G piovides that the fair priec to bc nmterial within the United Statts. In addition to pahl to those lawfull,s producing .<p.'eial onclear such distribution for use in research of the type material (other thr.n under contract) is to be specified in scetion 31, for use in a research and based primarily on the value to the United States development facility, or for medical therapy.
of the intended n>c of the material, and only sce- licensed under scetion 104, or for use in a com-ondarily to the octual co3t ni producing the mate- mercial facilit'v liccused under section 103, as is rial in licened it.cilitie. The fair price is to be permhted for special nuclear material, source unliorm to all producers at any one time, and the material may also be distributed for any other use -
Comminion is r.uthorized to guarantee fair prices ' approved LE the Commission as an aid to science for periods of up to' 7 years. This authorization or industr,J. The criteria for having the Com-permits the Coimaiolon to unnounce staranteed mission establish general or specific licensing pro-prices at any tite.e iur a period extending beyond visions arc set forth. Also, the method of estab-that specifi$d in any c:.rlier. guaranty, but not lishing prices for the sonree materials so sold is beyond 7 years from such subser;uent announce- speci: icd. This is tied to the method of charging ment. for materials generally furnished to licensees un-Sect!on 57 (ontains prohibhfons against having der section IG1 m., and the price is to be such or using npicial nuclear material except in ac- that the Government will receive reasonabic com-cordance with the provisions of the hill. One pensation, ar.d yet will not discourage the de-special provision prohibits any person from di- velopment of sources of supply independent of r .
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-s, .
", the Government. The Commission is given au. wyances upon appliention of the present holder thority to determine whether or not charges shall without any such reservation. Any rights issuu'.
Le mnde for the use of such materir.1, depending, to others under those reservations have been pro- ,
among other factors, upon whether or not naprof.t served. The hill dc!ctes the reservation of source l is to be made from such nac by the di.stributec. materials in public lands to the United States.
Section C4 permits the commission to distribute With ret.pcet to this deletion, the Atomic Encrgy '
sourec mr.tcrial to another nutian which is party Commission has observed:
<< J to an agreement for cor.pcration (sec sec. ~23). .rhts ac!ction cf the reservr. tion would represent c2
. It al.m author!/.cs the Commissic.n to distribute ccor.ette lou to the Government mir.ce se i.o ti:ne has the source materials outside of the l*nited Stated upon Atomie Dern ,Comtr. ins, ion pid im for soarre rr.ateri.:.
'" '"d' " 5 * * ' h * "" " "'
a tIcal imdin? - th *'id'*'l' 1.an for >curen raater als or g.r atir; an 1:.".F'"to r.s 'wh,c9 to tne mlerests
.at such et di.stribution the United wi!! nc,t be inim -
States. ' rho ,rir.cipa! y.ru.
Sc? tion G~) permits the Coramission to retinirc the reservation had r.o r.pplication.tiest effect of the reservat; reporta on the handling of source material as it scental to t!.e Cornmission's pro;;am in itat s!:hw:1 but no such report is to be re- neither the Cw.=Imon not tne De;.artmes.: of tj.e .
terict beheves there is legal groun.1 for it, doco,. g..
dec. ras desirable' t[uired for amon pts before they are removed fromla the n.ining ir.datry as to. whether a mir.!:g arisen their place of deposit in nature, or if they involve f a eccree m.t.teral a!ct.e ~
c:sim baseit on tl.e .tiscovery <,letic.n . of the rearvr.tir.:
Announts deemed by the Commission to be in. is lenal:y vati<1. Co:nple
- DId . lace snurre mater,te n.lsde on the SMr.e f(,ctir.a Ls t.ty 1
other materials wahan the scote of tse mar.m; !ws o.
gjEnj;je.
ec ant,h. " tion ives t.ae Co GG g.. . .
lac, as amaded, and t!.creuy fesve r.o doubt wh:.tsoever condemn or actpure su;sph,mmusmn authority,to es of source mater:al, on this score.
Interest in ,real property containing sourec, ma- l'r'ovi.sion is also made to assure that minir.:
terial, or rights ,of entry mio property behevtd cla ms involving sourec materials located durin;-
to hrive possibilities et containmg source natterani, the period from IDG to the present, under the Section G7 gives the Comtnission anthority to mining laws are recr>gnized as valid. This prc.
lease lands belonging to the United States for vision is proposed because of a IM7 ruling in a mining or prospecting for source materials. The Government a:teucy v,hich cast doubt on the va.
Commission has exercised this right in the past lidity of these c! nims. This provision h:.s hee:1 hased on the reservation to the United States of approved by the Senate and Ilonse Cmamittw all rights to sourec materials in the publie lands. on Interior and Insular Minirs by the Comml*
This reservation is contained in the net. The sion, and by the Department of the Interior.
Conuni sinn believes that it needs to have the Section 69 prohibits the Commission from li.
pmeer to lease expressly granted to it, now that -ernsing any person to have source material if such this resenation is no longer carried in the hill, licensing would be inimient to the common de-Three situations can be envisioned when it might fcuse and security or to the health and safet~y be desirable to lease land belonging to the Uiiited of the public.
. States which might contain deposits of source Chapter 8. Eyproduc., .. ...crial ninterials: (1) Those lands which are withdrawn i from uining locations; (2) those Ir.nds which in . Section 61: This section permits the Commis.
L tho o;iinion of the Commission are not reason, ran, to distribute and permit other persons pro-ably musceptible of mining development under the duemg hyproduct materials to 4 material to beensces of the Comu,hstribut,c iss:on wno w;.. suc
. mining laws; or (3) tho.se lands on which source materials have been discovered as n result of ex, abide by Commission regulations ori the use o:
i pioratory work performed under the direction of those materials, the regulations anvmg been im-any Governntent agency. poseu to protect the common dciense and secu-i it is the intent of Congress that this leasing rity and the heshh and safety of, the pt;blic.
power should be invoked only where it is the only Section d2 permits the Comraisy:on to cistr.but i-byproduct materials abroad unuer an a; rcemen,' .
i means of achievin~ private development of de.
posits of source material in lands belonging to for cooperation (see sec. M. or ppon an expNf3 the United Stat s. It is not intended to supplant findmg that each such distribution ws!! not the mining laws in any normal situation. numical jo the mierests of the Lmted States. . ..e Commission is also permitted to license otners to
- Sect.ion GS pro. n ibits any person connected w.th i make foreign distribution of byproducts upon the program who accu,res i i conf.dential omenal the same terms as the Commission makes such mfor r.ation conecrnmg deposit.) of so,urce ma- distribution (except r.s to the charges to be made terial m the course of his dutjes tro,m gamm,g any for the material) private benefit tro
- a this intormation. This sec-tion also directs the head of anv Government Chapter 9. Milite Applicatio ts of agenc'y that heretofore has issucil any convey. Ato:nic Energy ances of lands belonging to the United States This cht.pter sets forth the authorizations sna,
. containing rcservations to the United States of limitations relating to atomic weapons.
.e all rights to source material to reissue such con. Scetion 01 authorizes the Commission to engage -
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, in the research, develo;uaent, and production of publie. The Ci.mmission is authorized to issue
'y atomic weapons, except ti,mt the l' resident ionut licenses for spechicd periorls up to 103 cars. , Li.
at least once cach year give his express consent censes cannot he granted tr> any person wnere to the activities of ti.e Commission in such pro- the issuance of such a license wmdd be inimical duction. 71.c l' resident, furthermore is author- to the common defense and security or the 1.caith 1 ized to direct the Connalwion to transfer special and saicty. of the public.
nuc! car material on atmaic weapons to the Dc- Section 101 provides the conditions for the is-partn.cnt of 1)ciense. Ti.e l'rc3ident may also suance of licenscs for medier.1 therapy purposes, nuth<.rize the Department of i)rfense to manu- and for research and development. it.ci!! ties.
. facture or acquire any atmaic weapon or utiliza. With respect to the use of utilization facilitics tion facility for military purposes. Ilowever, the in medical therapy, the Cc,mmission is required Department of i)rfense is prohibited from mann- to permit the widest amount of effcetive medical facturing special nuclear tanterint execpt inci- therapy possible with the amount of special nu.
dent to the operation of any utilization facility c! car material available for the purposes. The for inilitary purposes that is authorized pasuant Cominission is directed to impose only the mini-to this section. mum amount of regulation on medical therapy Section 52 prohibits nnv person from having licenses.
or dealing with any r.toniic weapons except as With respect to utilizatirm and production authorized in scetion 01. facilities which are in the research and develop-ment stage, but which !cok toward the de:non-Chapter 10. Ltomic :::st.rry Licenses stration of any type of facility as having practical This chapter sets forth the provisions and con- vahic, the Commission is authorized to issue ditions for licensing the facili:!cs which utilize licenses and is directed to impose only thase reg-or produce special nuclear ninteriah untions which would be compatilde whh any Section 101 contains a prohildtion ngainst hav- regulations which might he imposed later if that ing or dealing with any utilization or production type of facility is shown to be of practical valu+.
faciliiv except pursuant to a license issued hv '
The Commission is directed to issue licenses trie-the C5mmission. ing priority to those facilities .whicit will 1. ad to Scetion 102 requires the Con. mission to find inajor adva,n,ces in the application of atomic that a type of utilization or production facility cncrgy for mdustrial or commercial purposes. -
y is of practical vahte befoie it can issac licenses With respect to other research and develop-for commercial installations of such facilities ment facilities, the Commission is authorized to under scetion 103. This findim: separates the issue licenses for them and to impose the mini-issuance of research and development licens*c.s n um amount of regulation.
for any facility under section 101 h., and the is- All of the facilities authorized to be licensed suance of commercial liecuses under section 103. under this section are subject to the same general This nnding ni practical value is required by the. conditions as facilities licensed under section 103, act, which also rc<;uires a report to be filed with namely, ownership and control in United States Congress with respect to the social. political eco- citizens, and operation to be consonant w:th the nomie, and international en'cets of the utilize. tion common defens, and securit'y and with the health of special nuc! car material before the issuance and safety of the public.
of any li 11: vicw Section 105 contains the antitrust provisions irmg the Conn.u,0f act requ,eense. ssonthe provisions to keep in, therelating to licensing. It declares the antitrust the; Jomt committee in,ly atyd currently intoriacd, tue, ad- laws to be applicahic to the atomic.cr.crp' pro-provismus m tue hill reqmrm; the .iomt dition,ttee to istvestigate the development or thegram even though title to special nuc! car mate-conuni rial is vested in the Unittd States.. It requires atomic.cnergy muustry durmg the mst 60 days the Commission to report apparent antitrus.: vio-of each session of Congress, and the amount ot lations to the Attornes General. - It also provides study th:.t has alreauy been put mto this pro-for hearings and judieial review in cr.se there is posed legislation. it as icit that the requirement any claim hv the Attorney General or the Aderal for the report to Congress should be mscontmued. Trade Com' mission that' a proposed license of Section 103: This section specifics the condi- any production or utilization facility would vio-tions for the issuance of licenses for types of lat'e the antitrust laws.
t}tilization or prmiucti;m facilitics that have been Section 10G authorizes the Commission to group tound to be m, practical value. For cach suen production and utilization facilitics together for type. the Conunission,is'reqm, red to issue beenses licensing purposts since there is no incility known to all qualinen appheants wnar.ut other d:scrc. today which is purely a production facility, or tion, on us part. , 'Inc heensca operations arc purely a utilization facility. It also per: nits the subject to regulat:cn by the Comnussion m tac - - - - - - - - - - - - -
t .
interest of the common defense and security and Y in order to protect the health and safety of the
'* ~ \
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.. - - .. - -- -. - . - ~ .a we .x k
.y ,
m- .
4 I
a ..
i . Coran. inion :o define the .e:ithics to be estried any material to be tri.nsicrred pursur.nt 'o :.ny A'- on .h.s n:iy l.icensed.facili:v. for c such ons, orngreement for rescare.. wil,l or onno: Le .used,opmer.:
ct c:omie - ort
. Nee:!on ,.ue reqmrcs :h.eC.,:..m:.<s:on to :ler::sc 3 neve. .
the cport.:. .a ci utiliza:!or or prodne:!on it.ei!.
weapons, or for nry other n.!!har:r purpose; and i:les in a raanner similar :n :he Civil Acron=::ies (4) A gunran:y 1.; the coopert.:ing p:.rty tha:
g' At.thori:y-licensin; of airnwr. ..nd the I?cdcral n=y ranterial or z.ny restrie:td Jr. : o bc tr.nb Con;:n :nica:wns Conun!s. ion ::ee:. sing ci rr.dio ferred pur.su:nt to the n; tree:nen for cr.opert.:fon wi!! nt,: Le transicrred to unnt:ht,rized pcrac:.3
~
op0ra ..r>. . .
I.
. e. See::en 1M provides :he Co:.:miss!on whh :he or beyond the jur!ulic:fon of the- cooperating
. o recap:ure an par:y. excep: as specined i:: the :.greement.
nn: license ri:.1 horny :d or :o operr.:y e ury a;.e,:it; icei hynue:ccy
!! censed=a:e. The procedures thr. any sneh agrecracn: for under see: ion 101 or 104, if Ccngrea deelt.res tha . coopern: ion mux; : he is:
. ' a s:::e or wcr or nr.:Icnul caer;cncy exists and (') I:.mnst be npproved" by the Cc= mission.
If the Cost. minion finds th:t >nch ree:p:nre or or, in the caso of the transfer of res rie:cd dt.:s opera:!on is needed in the ir.:ere.<t of the common for the dove:opment of :c!:i:t.ry pi rs pu suant '
defense and securhy. to section 144 b.. the Depar:uen of Defense.
. See:!an 'iQ per:ni:s :he Co:nraission to excr. (2) The Presiden: reus: r.pprove the agree.
4 cise los s:ringent reguk:h.n over those co:r.po. ment for cooper:. fon. IIe mus c!3o make a de.
- nent !
- cms wi.!ch are de:Ined as production or termination in wri:ing that th. perform:.nce of
, u:iiization i..ci hics mere!y .4.e nse the Commis. the agreement for coopern:!on wi:1 pecmo:c and
, sian find! :nn: they 1.re ist.por: ant co:nponent will not constitu:e ar, unransonah:e risk to the.
parts of such f.. cili:!cs. common defer.s'c and securhy.
?
See:!on '.0 cie rly excIndes the con:re.et opera.
(3) The proposed t.;;ree:acn: for. coopert.:!on tio::s i.i :he Co:r.missio:n fra:.t the licen> ng pro. :on:hcr with the Presid(n:in! approvnl and de-visim:s of :he bi'I. and also c:eelndes the ne:!vi:ies tesmination trius; lie i,efore :he joint committee of :he Departiaen: of Defense authorized by for 'F1 days while Congress is in scision.
, scetion 91 frono the liece.s!::4 provisions. Through the provisic .s th:.tt.rc rer.n! red to hc
'* . ^*
C.~~,n'..~. AL. .h. ic .~ '...o~...........~.. incor'nort.ted and ts.rongh ir .:he z.: rcemer.::h'e orth in thpr6cedures si .sec.
This c:ntp:er provides for in erna:!onal crr..n.:e- .
tion, there are nu;..' and snideien; 3:ntu:ory ments in :he :ield ui aton.!< energy. and n:3o in. saic~uards on the ir. c un:ional en..peration. Al.
clndu s:a:n:ory provi. ion f..r agreements ict most any coope:n: ion with any i.>rcien conn ry cooper:.: ion wideh do no: r!<e to :he sta:ure of can he s' aid to involve so:..e risk to the common '
in:erna:ia:.n: crrai.geraen:s. .\n M:crar.:fonn! cr. defense and secur:tv of the Un. 0,1 8mta. 'a'ho rangen.en: is derned to be n trea:y or r.n exce:.. provigicns 2::corpor'a:cd in sg:!an M3 are de..
d tive agree:ner.: :.p;woved by ha:n I.~ou.scs of Con. signed to permi: cooper.nion where. upon weigh-cress- ing : hose ri3ks in the ligh: of :he seiernards
. See: ion, W: Jcchres :h .:..:he provisions o L s:stine are :n t.c superac..ec. ay ::.c :cres :.:- .
e.:.f the . vided pro,c there to tr.c is fo.nn.d coin:r.m. to be.no cc:ense nnu unreasonable securhy .ia per.
ris.
ittern:.ti<.:.nl :.rr mit:in;: the. cooper :i.o.a. ,.
.i sneh :er:r.s.,~ c corWn.a.ngera.cn:
fet l: .. :ne provis:ons.
- d. uri:.:
0: t r.e:he. thr.c.
1 snO.U.d th.:.:
9 - spe.c Uc.a..}-
. g.s0 2
pr. n' hi...on.. :* n
- s. t a t u:e.. 44.0
. . avree a:. .: n.:s occ:.on .8. c: course, ecuperst:on is. perms:te.n w.men . .. . won.o c.:se.na ne m exb:n::: .;w even w:tc.c.n: ::.y s:n ntory pro. hasic secrc:s mvo;veu. :n :2.c ..es:gs. or :r.g.,r:ect:on -
vision. 1; is, however, r,i::corporn;ed frorn the of .tonde weapons. In see::on I-;4 n.. :he scetion t.c .
See: ion 22 pn.vides th:.: the Commis ion shrdi d,en!!ng nr.:n. the whh subjec: cooperatin:n.c t w !ceuenn.onen rde.tcoopera.
n.;: to.reMri give : ax!:c.. . e: ice: to the po'.ieles con::ined in : ion is por.sible.18 spechied to inchde on y:
inter:n tion i arrange:nents. a.:.d is in the net. (1) Re:ining. purn:et.: inn, and subsecuent o See::<.n 53 con:cias the provisions to be . ..
. c!ud<d in. .nd :Le procedures to he io.'owcd in .
IT*;I.*'?cae:cr ceve,.opmer;;;h .!"I 0; 50F70* C ,
i en:ering ...:n. i.greemen:.s for cooncr:.:!on w!:h 2fodnet:,on o:, spcciat nue,. car material; another n:.:!an or wi:h : regionni dciense or;an. d) q bechh and s9:c:y; ,
4
. ization. 7::e provisions to fe- incorpe,ra:cd in- ,(o) andustr:nl c.nn o:ncr app.: canons o:, stomic .
any auch n: recuent for co .perc:fon ine;ude: energy for pe:ccini purposes; :.nd i
(1) The :crms, cond!. ion.s. dara:!on, na:ure. .
(0) Research and devebpmen: rek:ing to the And Neope of :he coi.?ctr.*;on; :oregoWag.
\ -(:!) .\ gnarnn:y by :he eco This subsection provides inrthcr. the.: "no such securhy s fcgn:.rds and s:i:perc:ing .krds ns pn sc::yfor:h th:: cooperation shall involve the communiention of in the agree:nen; for coope a:iva wi: be = in. ~
~ ~
ta,nca
. (3) A gunranty by the e perating par:y that a
~
I
Restrie:cd Da:n relating to the design or fabrica- interchange of ideas and criticism which is essen-Q tioa of ::omic weapons." tial to scientine and industrial progress and pub.
In see:lan 141 b., the see:!on permit:Ing coop- lic understanding and to enir.rge the innd of cration with a nation or r0gh.:.al defensa organ- technical information.
Ization with respect to restricted dt; n. the subjcet .Section 142 directs the Commission to de'clas-mat,:ct ine'.ndilde in that cooperation is limited sify that information within the definition of rc.
to i. tat rea racted 4:.ta necessary to: stric:(d data thr.t enn be published without undue (1) The devrio;>n.ent of de icns.- ;,lans ; riak to the common defense and security. It cho
(!) The tralidng of perv,anel in the employ- directs the Comtnission to make continuous re-enent ni and .iciense agair.st nton.ic weapons; views of restrie:cd dr.:a and of the clasifcation and guides so as to determine which informa:!cn can
- (3) The evaluation of the capabilitics of po- he so declassified and published. Tnat res:ricted tential enemies in the employment of atomic data which the Commission cnd the Deptr: ment weapons. of Defense jointly agree relate primarily to the This snbsection provides further that "no such utilization of atomic weapons. and which they cooperation shall involve communlea: ion of re. jointly determine can Le published without unduo stricted data relating to the design or fabrication risk to the common dciense .nd security ct.n be of atomic weapons except wi:h regard to the removed from the classincrition of res:ricted externel chcracteristics, ine!uding size, weight, data. The President is au:horized to se::lc any and shape yicids and efice:s. and systems em. disnutes respectir. ; such determinations. In ad.
ployed in the delivery or u3e thereof'but not in. di:lon, the Commhslon with the concurrence of cluding nuy data in these ca:cgories unless in the the Department of Defense, can remove from the joint judgment of the Atotaic Energy Commis. category of restrie:cd data any informa:!on which sinn and the Depar: ment of Defense such dura they jointly determine rela:e primarily to the will not reveal important information concerning utilization of atomic weapons and which they de.
the design or interiestion of the nuclear compo. termine can be ndequately protected as defense nen:s of an storaic weapon." information. IIowever, any restricted dr.ta so The cooperation permi.ssible under this sec: ion, classified as dciense information c nnot be trcns.
then, is the tr.msici of tha: information which ferred to an3 other nation execpt pursuant to ,r.n will permit those who are our n!!ies to participate agreempnt for cooperation in ,necordance with L intcl!! gently in pbuning the deicuse of the irce The Commuston is clso autnor.
subscenon W b.,'O'n the category of restricted world agcinst any atomic at:ack from Russia. and 3
- 00 '" Y'".*F ^ .
to know the eficets of any wenpons that will be data eny intormation relatm,g to the atomic-available for use by the I'nited S:stes in helpin- '".crpy programs of other nations that the Com.
those c:hcr nation's join in defendin~ the irce "'.ssion and the Director or Central Intclhaence world agains any such a: tack. Jomtly d,ctermine to ,bc necessary to carry out
. the provisions or section 102 d. of the .Nat,onali 3cetion I31 permits the Presm. .ent, o,.xcc n m..
Securi:y '\ct of 1947' ternational atonne pool has been established hv .
sion to per.
an in:cenationt.) crrangeracn- (which must b'e mit.See:2on these 1m,43 authorizes its program tothe Ccmmp.
prov:ce . to access approved by the Congressi. to cooperate there.
citer with the group of na:lons involved in that restricted data to, persons associnted with, tne pool b3means of agreements for cooperation. De, par,: men: of Dezense, where such acecss is re.
This gives the President a rneens of imp;cment. 9"3##'. m the performcnce of tne dutics of the person to whorn such access is to be gren:co, and ing an international atomic pool plan,-
the head of the cgency or department in the De-C'.tapter 12. Control of Info: :nction partment of Dciense'so cer:i:ics. Furthermore.
This chapter se:s forth provisions for the pro. the head of that agency in the Department of tection of secret informatic:t relating to atomic Defense must cer:ify that it has been estab ished energy, in accordanec with the usual procedures of that See: ion 141 se:s forth the policies for decling agency that permitting such person to have the with restrie:cd data; namely, th:t the Commis.- access permitted will not end:nger the common sion shall control the disseminn: ton end classiSes, defensa and security, end the Secretary of Defensa tion of res:rie:ed data in such a manner as to must dnd that the security procedures are ade.
assure the common dciense nnd security; that the quate and in recsonable conformity with the exchar..:e of restrie:cd da:a wi:h other nations standards' established by the Commission.
before enforeih:c internationr.1 s:.fegn=rds c;; inst Section 144 permits the President to nuthorire the use of tic:nic energy for destructive purposes the Commission. pursuant to agrecments for co.
have been es:ah ished are forbidden except pur. operr.: ion. to communicate cer: sin types of re.
strie:cd data which relate to the nonmilitary Q suant io ngreements for cooperr.:... ; nnder sce: ion 1,44; and thi.: dissemination of echnic 1 informa. espects of atomic energy to other nr.: ions. (The tion is to be encourr.ged so :.s to have the free specide delds arc described in the discussion of e
1 sec. ;20 :. hove.) Ti.ia se.:fon n!so permits :he keep the Commission ful!v inicrmed of n!! appli.
l'rc3hier.: :o s.u:hori: e :h. e Depar:inent of..Defcu.c
. of r 1 to co:,pe:r.:e w;:3a nn<.::.er nation or wi.h a rc. .
entions provisionsinarc the to .CcM,ucp.:o,mi:ine Comm.:ssener,ry.
on Ida anc Th.e.
gio:,..: .~e:er.>e .rga::im.:ian, pursuan: to r.n i.gre::. currently aware of r.Il techno:cgy in the f.c!d of n.es.: f.,: coup, r.. tion and :o disciose certain niomic energv.
lin..:cd :ypes of res::!cini da:n relating to the
- See: ion IT2 !)59 pern ::s the Comrninion to u> e .<.! r :o: e wor.po:... (*.S sp Snd.:hr.: r..of pr.:ent..i.s of. prim,nry im.y,r:nnec in the
, nr,e :. o,,. se,: :. ::.c eci.Cc.
- c. :s. :.r,en.s m c.c.,c.re ce:n m pro.s. net on or uttar:.uon o. s o: pc:2 see. cia 1,. . u,3 cusu.,n n.>ove.i uas sect:.nn r..so terit.1 or n omic cr.c.gy, nns.3 :.pec:c.i :.n: tr.cn.ue.er.r neensin mr..
- c:.
rc<;uiris :in.t he other nn::en o: regional def(nue the ir.ven: ion is of prie:.ry unpor:nnce :o effe::.
org;.-izn:h,n pt.rticipa: with the United States unte the policies :.nd purposes of :he net. Upon pur a.a : :n m inic.n..:!ont.1 arrangement by ran::ing such a f.ndir.g. the Co:.. .ission may de.
makh.r sucs:
the :. uml cc:ense .
- ain!nnd ..nd rnatrh.1 contributions Henri:y. cl:.re to paten; the to be nfice:ed. w.i::. the. .pu. b.i.e int ere.st. ',h i erer. ;.;cr the C.omr.. ssion itse: u .n. .
Sea:!cn M5 re. eires per3onnel investigl.tions by consed to usc the inven:!on, t.nd c:hcr persons the Federr.1 Burean of Ir.ve3:ization or !,v the engi Jed in netivities nu:horized by the bill mr.y Civii Fe:viec Co:atal..31:,n of persons who will be app'y to :he Conut.ission for nd rc.ny he granted er..p?cved la the Co:arcissh,n or givtn necc:ss to a pr.:ent license to use the p:. tent if ti.e Com.
re3:rie:ed dt.:a I: pern.as the Commisaion or mission ilnds that such a p. dent liccnse is of the Ge:.e:n13:nnnger (and this permission rests primary impor: .nec to the conduct of.such nc.
s,a M y v :: thcse nr.raed) ic encept pcNns frcm *
- tivi;Ics. .
t.;: s res u:rema.: w)aere 1 L
fic
- e 1.a11 also aut..or con sis: c:.: wit.. :he nnt.such :o: :.1 exeraption ,u e,ent.y
.. 3 2,n. e r ea.
nn aton.ie (ncrgy ne::.iz.es nny per.so:. .
by tac enga.ved.
n:o n; . investijn . mie. i rest.
.s requ: red to cral . ,u re to :.pply to , vny sson nut ...rtzen,icense
- nr a .
on n C;. vil pat.ent wh:. ca .. .nc C,o:nna.
cs in wn.i.e.ca h a. m. .. .e ..ny .
r.r.y m.orn . ::.,me3whs.
. . :. tion nu.c.ted 3
Serv.. w.:n.:.
ice. Com. ne.puh.. .
as not ocer, c,ec,r.re<,.
,, Le a:... e.::c o .
.n x3.o. n . .a s ue .ir.t er. .s'. In such c .s .. :i:e Cu:a.
cucau.c.: no.e ,.ayn a.y. It is a..so regm.a rca. to con.
nussinn is rey
- h. .
- nch per.,ou n;..ured to.n.2 gra,n.
- a ..;.r. .eense to due: .c3::g;.::. as for those gr..npa or ch.sse.4 of :er he r:n; m::er. cayten.: mieres!..a .
pera:
pos.. . . peci.h d,liy :r.c l'reaide.nt. or fo.- those
.. . par.:ics, if. the.Corandsd n C.nds. (i) : hat the Iden .
- h. , tan:.3 cer:n.c.. by t.ae C,ol.u.:.:ss;on. to. have . a m
- o. r the mvenaa prec.n mvolvca, s
.oue. ion or n:.i, t:a .,ceree i,;..:mpar . nee ot 3 ens:.a vny.
. ,,n.e
. zat:ou or s;iec; .. nue. car Conaa: exa is nn: hor:::ed :a cs.:nbl.ish th.e scope m
- .nd ex: n: of ine . css sensi::ve mvesaga:!ons 3 o.,aterial such p:. o. tent n:oraic is ore.nergy; prin:nry(2)naportenec
. . :hn: :ne 1: to censing the pe: co:
0.o ..b. eo:.. : . : <d. . u:en, aepe::c ducted by the C;vil (3)thn: the ne::vi:ics na. .Se.rvice e
a por:r. nee :u the co nn.on :ng (4 unoa .
.c:ense t, :.nt, c degree 3
recun o.::3 oroi, activ.;;.ies to w:ach tn.e p:.: cat cense is p:imr. - nnpor::.nec of the to ::.e appli,a.nnt
- .to ,oc :. ppa. . :ne :
i ca .c th.e re,3::ic:cd 0.ta to which access wi;! he per. po!!cies of t.he bill; nnd .(4) :hn: the npplier.n:
nunec 3 ca.nn.o: co:am a paten ace.n.se :r.om ,:nc o.wn. er See:ica 1;G cor.:inues :he apnliention to re. c: tae p:.:ent on :erms w;aca :nc unnasen s rie:ed dr .. ..... to per>0ns in th'e c:cmic energy decres rcuoi: chic. The progrn . of c:her ?:.ws rek.ing to the pro ce:fon to sea tr.n.: i,nt; ownernny o:,Courth pn:en cerrco sion i,c ,to requi of ini6 nr.:h.n. I :. 80 forbids the Conunision be n;;ccica wha Ine puba,c in:erest, or liccnicit t.y fro:n s o:.:rc' ling or res:rie:it.; any iniorrnation this section. reecives n rer.sonr.b c royr.!!y ice for ou: side of nny pcwcr4 gran:cd by any law. nny sucn use os t,ac pa:en:
v .....
.3 . .. ... ... .. s d .'.. . m".~- ,, Sect n 153 154] pr vi cs thr.t no ir.' unction .
This ch p;cr se's for:h the provisions under may be issued nenins: :he ho:Jer of . p:.:ent li.
cense issued under :he provisine.s of see: cn 152 wh!eh p:.: cats :er.y be issued. and used in the and :hnt in any cour; ac:icn brough: r.gr.ir.: such n:omie enert:y %1d.
a patent licensee. the ac:icn is to be s:..yed until Sectir.n U.1 forsids :he issunnce of any patent the roya: y is deterrained pursur.n: to those pro.
on an c.ve: acn or discovery useful sole!y in the visions of:his bilt utili.tr. iar. <.f r. o:aie energy or of special r.ne! car Section 154{155] provides :hn: no pn:er.: may m:.:er:a in ..n nicmie weapo
,. Where or (a> cover;es 1.:.vc uscs ot.n.ner tann .
- . inventionshe.issu.ed .o.n an inven::en .or d.isesver. kno.wn n weapons. .oc: ore m inis coun*ry even !nong;i sten .r.v0nt:On .
pnun: righ:s c.re forbidden to the extent thn: the hr.s been known or used in :he :.: orc.ie program in ficids set for;h nLove :.rc it.volved. Any sceret.
i,n:. king any,inver.:;on or discovery nencr..,. y use- person
- ul in :,:.e 2.cla c; a:oraic encrgy. :,s req = red :o Section 155 [156] - - - -requires :he Commission -to- - -
reper: :h;.: .nvu.:ica or discoverv to the Commis.
sion, or :o !!k 3 s a pr.*ent applienacn on. it v.-:t.hin f3 unys. 4 s.c wmm;suoner c: u. stents is requinc :o m
- f cstah!ish s:andard speeldention., for the lu.ning lleenso ra.o or more e.i thu niillviih-s of which Ib
( of any patet.: license for any patent held by the Commis ion.
censes nra required 1.y the 1.ill; tr. prearibe renti-lation3 to pro:cet rea:rie:cd data, to gaard against Section 150 !1 J] cs:ab.ishe.s a l'atent Compen- the loss or diversion of special nucler.: tanterini, sation Advimry Ho:cd to wnsider applications and to govern activitics r.uthorized purr::nt to under :his ch:. titer. The raesabers are to lie paid the hi!!, inch: ding 1.cahh and saic:y reguk:icns; a per dic:a . nd may serve wi:hont regard to the to riispose of rr.dioactive materials or proper:y con:he: of huerest s:r.:n:cs execpt t.s ate,mic en- wherc 8:.ecici dispr.sition is needed in the intercs:s ergy : mtters uay be involved. The Board may of r.ational sce;:ri:y; to authorize its personnel
. hear app!!er.:!an.4 frora the owners of a patent to cr.rry 'ircarms .nd n!so to nu:horize en.picyces licen.4ed nr.dct the compulsory licensis.g provi- of the con:rt.ctors who pro:cet the property of the rions or ir...a the urners or persons see;:ine to I~nited S:r.:e3 to ccrry f.rcarms; to impor:. duty
, obtain just comper.sntion for patent rights climi- free, source end other ma: crit.1 oh :.ir.cd chror.d; to enter cgreeracn:s with licensecs under scetion n:.ted by the statute and may also hear applica.
tions for awards by per. sons who have mr.de any IW or 101 to provide services or materichs to such invention or di.4covery not c:herwise entitled to licensces where : hose services and matericls .rc compens:. tion or royal:y. The Commission is not otherwise commercially nvaihble; to percit permitted, upon the recommrndation of the Gen- small numhcrs of its crap?oyees to ch:.in fur:her cral Advisar3 Commi:ac .ml with the npprovnl instruction and :rcining outside of the Commis-of the Prc.sident, to grant an award for any es- sion cach year; to delegate to its employees and pccially meri:orions contributian to the develop- onicers all functions authorized by the act execpt ment, use or control of c. torr.ie energy. those speciSed imic: ions which have the highest In determining the re:.sonahic royn!!y to be degace of importance to the program; to require paids the Connainion is required to cor. sider the persons in the program to keep records and re-advice of the l'at en: C.uapensation Advisory por:s and to anthorize the inspection of the ec-1:oard. any defense which might he pleaded in an tivi:!cs of persons in the program r.nd to make action for infringement, the extent of any Federal rules at.d reguk:ians necewary to carry out the Snancing invidved, and the degrec of utility, purposes of the cet.
novchy, op importance of the invention, and may Section IG2 permits the President to exerapt cons!dcr inc cost of, (.eveloping or acqniring.the any ac !on of the Commission thct he decras es.
pat en,:. In ne:erngran; just compensa: ion ,and sential to the in: crests of common dciense and N- scenrity awarns, the estent taeof(.,umnus.s;on ac:nal use o: is, tne invention or dis'rjquired t,o from the provisions of hw rchting to consid,er cont racts.
covery cs weh as taosa considerations mvolved in royalty determint.:!ons.* Section 1C'l perraits merahers of the General See: ion 2.~J {15.9) declares that the Commission Advi. tory Cmamittec and members of the ed-mt.v continue to rer;uire that patents made or con. visory~ boards to serve without regard to the ceived during the cour8e of federally fmanced contlict of in: crest statutes.
research or operation ho assigned to the United -
Section Ic;,* which is unchanged from prese::t States. law, permits the Commission to enter into con-Section 15S [100] permits any person who had tracts for electric utilits serviecs for periads not applied for a pr.: cut which we.s carlier prohiti:ed execeding 25 yer.rs in " connection with the con.
by the :.c:. n:.d which would now he permitted by struction or onerntion of Oak llidge, Pr.due h, the bill, to reinstate his application for the patent. and Portsmouth. The contracts mr.v provide can-
.N'o patent so reinstc:cd can form the basis of a celhtion costs for :cr:aination of the contracts.
claim against the Uni:ed St:.tes. . .
See:n.on Iw-. ,, prohibits the Coram;.u:on :com -
Chapter 14. Ccuerr1 Authority using cost plus. percentage-of-cost contracts in its This chnpier sets forth the general powcrs of opections.
the Commi.-sion in operating or reguhting any Section IGG requires the Commission to require of the netivitics authorized by this bill. Its contrnetors and their subcontrae: ora to suumi:
Section 161 pertai:s the Commission to: Es::b. to auditing of their books by the Comptroller lish cdvisory hontds; to issue rules en the pos. Cencral of the Uniud States.
session of dangerous materials; to hold hearing.5; Sce: ion 107 permits the Comminion to sett!c to appoint of.!cors and cuployecs; to acquirc prop- damages aris:ng out of its program for testing cr:y; to use :r.c personnel or services of nny other atomic weapons, where the amounts do not cz-Government egency; to ecquire real or personal eced $5,000, where the claim is submitted within property including patents; to combine' in onc
%,.s s
y 3 year, an 1 where the dam..gc is not cr.nxed in Chapter 10. Juri:dictiont.1 *tc. view and Admin.
whole or in part by negligence of the claimant. istrr.tivo Procedurc Section 1# ro uires ti.e Cosamicion to mako payments in lieu ;of taxes to States or localitics . 91!5 'ACT W where activi:ics of the Con.ndssion are cart;ed ""f'"l.for S
n)am.deser:.bes ng Ucenses undcy the LU . the prot.
.kC *". N makes the provmons og i,no Ad-g ,
on, and where the Cor.a1.i3si.m L:.x nequired prop.
cr:y previously >uliject :o St:.to and in r.1 e inxes. rnarnstra:tyc Procedures Act 9ppheca.c to a11 The Comt. i>>!an is to rar.ke the pavs. onts it decrr.s 8.E*".CT 'C'.80"5 "' .the Comn,.,:suon. Y.,nere pm,y.
appropria:e ha: is to he gnided sv the poliev of .n ston at d .ta agolved .a agency cetmn is ,
not n.aldna p..vraent.s in execus Li taxes v/nich contrr.ry to tge nanonal security enu common would haw bec'n p..vable on the property in the defenst then idennen,1 secret procedt,tres are re.
condit!.m in which it'w:.s acquired except'in cases quired, te; bc,$c: up wi,.h:n tne Coramas:<.n. The where speeint hardens have been c::st upon a Coramaston State or local government by the activition of the party matm,as regmred to gynnt a hcaring to a nEy mprc Com:nission. Scajory la sets tor,:,sico in any agcncy n t,hc :ntormat, t
acuc Commission may require in env apph, son,t..r.t en::cn for a Sectiim IM provides that no funds of the Com. licensc so cs to assure the Commissioriof ndequate ruission are to be emp!nyed in the construe !on information on which to fulfill its ch!!;ations to or opera: ion of production or niilizntion fac.ilitics pro:cet the common defense and to protect tl.c heensed under sec:fon 16:1 or 104. except pursur.nt he:.P'. and safety of the public.
to contract entered is.to in necordance with the Yl..n respect to a production or ut!!!zation fa.
prov:siona et see:!on 31. cility to be licensed under commercial license under section 103. notice is required to bc given Chapter 4 , . Compensatica for Private Property 19 the app!!ct.ble regulatory cerney having juris.
e.ccuired diction over :he rates and services of the propeacd This chap cr es:nblishes the rules for acquiring netivity r.nd notice is al.w r09uired to be ,pab,lish0d property condemned and u. sed for public purposes. ""#.0 00Ch *fcx tor,4 c,onsecutive wee.cs m tl.c Feucral Ec;tstcr. ho beense ma weeks ai:cr the Inst such notice. y issue until 4 Sce:10n 1_.1 requ:rcs that, where the Un.:ted Str.tes takes .m,y i:3terc.st in proper: er Jus,. e0mpen.-an. tui on .2.s padre',ac.
under red or h isming to .be.y produen.-on co.mm.hu.cial tr.caforeswhichunt.cr li, censes
.wetion 403.forwncre .utiliza t he .cr=< o N- Comm:ssion shall de.
- t. ermine anu,r :m mi.l, t. i
. and t :tre ar i
in t ue c'.se u::T.ca.l av suen just con.nensat.it
.' n!.!
hetm-ts.at on except o.:3..cr con.diti.ons apphent:onc :o.r a hmic.re equ. al.ted.op,.o
- ty :or propcr:y, .
tter.mina.
a license, the C.mcetssion is require (3. ,.o give pre, 3.r.,1y:actory, ine ,Comm. u. is re.
tgon is no: iss:on aus ferred c
.a. par .a. perecnt of t.ac amount .an,d . tac locatedn :. onside.
hign. cost powei ration to facilities which arcas.
clan.rei.
nm . is cr:n.en. to sue in tne Cour: or C. aims, or in the dis:rict conrt it.r the district in which Secu.on 153 prov.a nat the b.eenses snall :.n.
he rc>! des. for such further sum as ndded to the clado ,a tem mog, i,ng : des t.
75 percent w31 consti:u:c just compensation. n.atert,al to the ,Lnitcu, States;itle a to all specu.1 n no ragat to spec:cl nuelcar materm,ter:n i save as granun; cc.
Sectian 1 4.. regarcst.nat real propert.v s,nall,bc fined by the license; a term prohibiting :he assign.
conde: .::cd , pursuant to inc normnl cond.fmnanon ment of the license in violation of the cet; cr.d 61 tutes nna procedures. a term reserving the right to rec;pture or con.
See:!on 173 requires the Commicion to par trol, contained in scetion 103, and sub: ..: ting the just compensa:io:: for the disclosure of restrictc'd license to any changes of the cet or to nny chtngcs data to any foreign na: ion where such restrie:cd in the rules and regulations of the Commission.
dhta is ban.d on a pnient r.pplica: ion owned h>- Section IS4 prohibit < ny license from being a neraan other than :he Uni:ed States. If the transferred, assigned, or dispose.1 of. dirce:!y o.-
claimant dt.e< not believe the Commission's deter- indirectiv, unless the Commission f.nds that the 4
minction of :he ntnount to be just compen.sation tran.sier'is in accordance with the provisions of is a prorce amount, the Commission is required . the act. The Commission is permit:cd to consent to pay 75 percent of the amount, and the claim- ' to the creation of a mortgage, pledge, or other lien a
.n.t c:.n sucwa 40 percen:
.rcons:itute fo,a, such furthe.r sum as added. to the Just compensation.
on en) fr.cility licensed under the act.
1 Section IS5 permits the Commission to issue con.
Section 174 requires the Commission to receive struction per: nits to applicants for a produ:: ion the approval of the A::orner General on the title or utilizntion incility, de3eribes the terms of the of nny re..) proper:v to 1lc occupied, used, or construction permit, and requires the isauance of improved by ::.c Cimmission except where the a license if the cons:rcetion is carried out in
, Preside:. de:cr:nincs that prior .pproval of the necordance with the terms of the construction
- title by th0 .\ttorncy Gener:.1 is not required in permit, the in:erest of the comraon defense and security. Section If,6 sets forth the grounds on which
the'rrvocation of a licenw may he based; brings nnited to be refer cd to the joint comraittcc, and
(, the member.s from the joint committee fror. :he the revocath.n proentmrs mnler tl.e provi. inns %nnte s.nd from the Ilouse nre rc<guired to report of tia. .biministrativ,: Pruerdure Art (wi::.out .
limi:ing the proce. hires specifini in ::u.t cet in to their resacetive IIouses their recommer.da:icns their n;t.h: ion to cny other see: ion of the hi!!): with respect to nmtters within the juriadie:fon and perad:s d.e Con,:..ission, upen rert.en: ion of of the IIouses which are reicered to the join:
a liecuse. :o rc:ahe special nucler. mr.:cri:J. h.c:d committee, by :na lice. ace. In c.ncs of extreme !=por::.nce, Section 203 permits the joint committee to the Co:.....iwian is permi :ed , to reenp;urc :he operate regardle=s of any vacancies in the mem-
,special :.ne:e.a ree:crini a: to opert.tc any f:.cility hership. The ;o;nt com:cittec is required to select even before :he proceduren of :he Adminis::::ive a chairmt.n .nd a vice chairer.n ficm i:s rac=bers wi:h the chcirmanship c1:ctnrting be:wcen the Procedu:v .5.e: have been initin cd. uva Houses with each Cm:;;ress. Only these =cm-Scc:fon IM requiru that .l! liecnses sha'd be hers of that Ifouse en:i: led to the chairmt.nship subject to uacndinen:, revish.n. or modincation by rer. son of ame:alments to the act or by rceson voin on the election of the chair: nan. The vice of rules, re;;ulntir.ns of the Cor..n.i.w!on issued in chairman, who must be a Member of the other accordaner wi:h the tenas <,i the r.e:.
House, is se?cetcd in the s:me way.
Section IM permi:s the Comminion to continue Section !!04 permits the joint commit:ce to the operation of facilitics whose licenses aro re. hold hearing.s, meetings, investigntions, to require vohed. if public convenience :.nd necessity, or the the attendance of witnenes, to make ruks for its production pro; rnm c.f the Co:nminion r0 quire organization, to issue subpencs, to administer contianed eperaion of the facility. The Ce.muis. oaths, to use a commit:ce secl, and to pay icr nee.
sion is re<;nired :o consuh wit!. the cpproprin:e essary expe:acs from the contingent icnd of the regulatory :.;;eney having jurisdie:lon in cases Senate from funds appropriated for the joint concerning the puh;i.: convenience. committee.
Section 205 permits the joint committee to ep-Section H9 provid.'s for judicicl review of a pomt experts, consultr.nts, t(cl.nie:ans, :;nd st,:.n final ordce ci the Commis>!an entered in cer:ain craployec.s, and to utihzc the services, ineihties, agene.s cc: ion.s. T;:e review is provided by the ~
act es:ab1 Ling jm'.ieial review for the ac:fons of and pc,rsonnel of the departments of Govern,ine::t.
other r0gn!a:ory agencies. The ;omt committecy pornut,ted to .n:r.onze its
_ personnel to carry urcarras m the c.scharge ot Chnpter 17. Joint Committee on .ho:nic 2ncr;y their ordcial dutici.
This chap.er es:ablishes the joir.t commi::ce Section 200 permits the joint commit ce to clas-and sets forth the provisions goven.ing i:s oper. sify information originating wi:hin the committec in accordance with the standards used generally ations.
Section 231 cs::b!!shes the joint commit:ce con. for the classification of restricted datti or defense sisting of 9 Mc:al,ers of the Sen:ite and 9 Mem. informa:!on.
bers of 1:.c L.n.e with a lina:r.: ion that r.ot more Section 207 requires the joint committee to keep than 5 M(ubers of each Honse shall he members a record of all commit:ee actions and requires l
of the sarac po'.!:ict.1 party. that the committee records are the pro?ct:y of
(
Section 202 rec.uires the joint ecm nl:tce to the joint committec to be kept in the of::ces of make continning s:n, lies of the cc:ivities of the the joint ecmmittec under sneh security safe-
' Commi.wi..n. and of proh! cms reis:ing :o the de- Cuards :.s the joint commit:ce shall de:ctmine in velopment, use. t.nd control of :maie er sr;;y. The the interest of the con; mon defe: se and security.
l commit:ce. is directe.d during the dr.3: O days of C...s
. .te,.. 4.S. .,. forccmen..
cae.. t sc.s>:an :o cononet hearm.; s on the s:a:e o:.
This chapter establishes the provisions for en-the c.tomic ener::y indua:rv hn: this is no: n. forcing the bilh tended io lin.it the netivi:y'oi :he joint committee with rupect to the industry thron:;hou; the h!- Section 221 permits the President to niilice t.nce of :he year. The Conm.issh.n nnd the De- the services of any Government agency to pro:ce; partmen: of IMense are required to hee:) the the propern of the Commission or to prevent the joiat cornrait:sc ful:y and currently infor:..cd wi:h unlawful dissemination t>f restrie:cd da:a. The respeet to all a:omic.encr::y :nat: cts. I: is the Federal 13arcan of Invcs:i: tion is required to int <nt of Congress that the join:- commi::ec be investigt.te all rdleged or su.spected crim;nal vio-1 informed whi;c m:.::crs are pendin:. ra:her thcn it.:!ons of the bilh No action may be brought for after ac:!on h:.s been taken. All Governmen; any vio::: ion of the act un:!! the Attorney Gen-nge:1cies tre rec,nited to furnish any infarra..:!on cral has t.dvised the Commission with ic.sncet to reintih:: to atomie encrgy requested by the joint such netion. All actions arc rec.uired to bc b'rought commit:ce. AP. ra:.::crs in the Ccngre.ss reh.:in; by the Attorney Gencrr.1 as the le al representa-l _
pnmari:y to the Conuc.ission or to the develop- tive of the Commission before the courts. In l
ment, use, or centrol of n:omie energy are re. those cases involving the > cath penalty, action
may 1,e brought only on the ex the Attorney General.himself. press direction of petition a court on behalf of the Commission for U the injimetion of any act which the Commission S.*ction 222 establishes criminal penaltics for believes will violate any provision of the hill. i violation of certain of the prohibition s'cetions Section 231 perrni s the Attorney General to w!:Lin the act. The maxinium pencity, if the petitica a court inr an order requiring any wit.
o:Tcnxc is committed with intent to injure the ness to obey a suhpena served upon the witne.ss United Sta:cs or with intent to secure an advan. by the CorAmission or to obtain t.n order of the tage to any foreign ' nation, is, on recom:aenda.
tion of the jury, dea:h or imprisonment for life. court punishing the witness for con:cmpt in the .
ccent the order of the court is disobeyed.
- Section 223 cs:abl!.*hes the crimint.1 penalties for violation of t.ll of :he balcnce of the provisions Ch3PIC? A. . .a..
scel,cncous of the act or for rules and regulations issued under cer:nin speci: led !!ai:cd s:stutory t.uthor. This chapterir.cludes several nettons of general applic:b!!ity.'
ity. There are leswr pen:d:les attached to this scetion though,the maximu,m penalty.,if the of. Section 251 requires the Comrcission to.mche an fense is comm:t:ed w::h mient to mjure the annual report to Congress'on 1:s ac:Wi:!cs includ.
with ing recommend:tions for legis!r.:fon.
United tag :n any Statt.,a sore. or,gn :on,na: intent to is, $00.000 or .veure 203 cars an t.dvan. Section 201 authorizes approprinticns necessary
- f "I *
- and cppropriate to cr.rry cu: the provisions of th'e See:!on 221 c.sinb !. ocnalties for the act, except such surna as mar be ncec,*sarv for the o
rhsc1%are or res:r:c:eu;hes ut. n wit the, h mtent to in,ure acquisition or condernnatio' of ret.1 property or the Unhed Statey or with mtent to secure r.n for plant cons:ruction or ex nsion, nnd hecps
. advantage to a sorcen nat:on. Tac maximum the sums appropri:. cd avail :.y!c for enpenditure penalty,fs, on recomincjma:!on of the jury, decth for 4 year.s following the expirstion of the fiscal or unpnson:acnt for !!ic. . year for which the sums were approprir.:cd. The See:!on 22~) ext:1.lishes criminal pencitics for Commission is required to obtr.m congressional -
ac.p:! ring res:rie:cd dr.:a wi:h in:ent to injure approval cf new con.struction, or c pansion, of its plants.
the 1*nited Sin:ca or wi:h i:. ent to secure ad.
vantage to cny foreign nation. The, m::ximur.1 Section 271 preserves the regulatory power of perjahy ,s, i on reeamtendation o., the Jury, ccath any appropriate agency with respect :5 the gencr.
or im;irls,mment for life. ation, sale, or transmission of electric power.
Section 221 estaldiscs crin3! nal, penaltiot for Section 231 is the standard separnbility section.
altering or, chaw mg nny reurie:ca c:.:.7. witn in. Section 201 provides the short tit!c of the act ten: to ar.jnre the L,m:ed $!a:cs or wnh in ent as the " Atomic Energy Act of 10M."
to secure t.n adynn:::ge to any foreign nation. . ECC83 n pf i.nc Li!! :.mena.s :1.c t.c: estab.. us hm.:
The raaximum pent.1:v is, on recornmendation of audic:a,. review trom, certnm regult.:ory ap,cncies the jury, der.:h or i:nprisanment for liic. by cdpay Sect:on .,._,.,7 prn'u.. .m s any , , , Comnussm;n to the provi.uons c1...e act. fina have res:r.e:ca ur. n :. rom .,:now:ng.y person au:nor:
communi zen t?. Sce:icn 3 of the bill retrocedes exclusive juris.
c:tmg. or wt.o0ver cons dic:f to receive, rc<r.c:ca c.:.p:res ta to any to person co:r.raunice.
knownc or - ,;on,on of the residen:ial s establishment at Sandiaarea Br.sc,ofA :he Commis.
buquerque, g* *'. y# ~,*,*
no' to be authorize (i to rcccive restric cd dr.ta.
knowing that the informa:*on communiected is Sect:on 4 of the bill contr.mes :n c.Tect the restrie:cd od ,:a. The pencl:vl is a Enc of 62.500. provisions, of the section of tne Atomic Energy See :,pn .n.o estnblishes a 20.ye:r, period o:.1. .3mi.
Act requirmg all govern:nental proper: cs re.
gt,m:;gior neng.it..! onenses cescriben m sections lating to atomic energy to be transferred to the
.a, . ..), anc .u. Commission. -
See: ion 220 ccn:i:nies the app lesbility of any a other laws (inch:d!ng the espion:ge law) to the e field of atomic energy.
- Section 230 p,ctmits the Attorney General to i
,,p-e t
. I LEGISLATIVE IIISTORY ATO3IIC ENEltGY--COOPE!!ATION .WITII STATES For lett of Act see p. 771 Senate Report No. 870, Sept.1,1050 [To accompany S. 25C5]
Ilouse Report No.1125, Sept. 2,1930 [To accompany II.R. 8755]
The Senat'c bill was paned in !!cu of the IIouse bill.
Thc Senate Report is set out.
4 Senate Report No. 8"O b!!E Joint Committee on Atomic Energy, having considered S. 2.%3, an original committee bill 1 a nend the Atomic Energy Act of 1954, as amended, with respect to cooperation with States, report favorably thercon with amendments and recommend that the bill as amended do pass.
EXPLANATION OF COADI1TTEE AMENDMENTS The an.cadments adopted by the committec are all minor or tech-nical in nature, and are not intended to change the basic purposes t.nd objectives of the bill as proposed by the Atomic Encrgy Commission.
Amer.dment No.1, in subsection b., strikes out the words "and license" after the word "regulare". The words "and licensc" were not considered necessary because, as used dscwhere in the bill, the word " regulate" in-cludes the licensing function. Thus, for reasons of consistency, the words "and lie.n>c" in this subscction werc deleted as being unnecessary.
Am(ndment No. 2 corrects a typographical error in changing the word "of" to the word "or".
Amendment No. 3, in clause (1) of subscetion c., requires that the terms of a prol.osed agreement and proposed c.semptions shall be pub-lished in the Federal Register cach wcek for 4 comecutive weeks, rather than 3, in order that all interested persons, including State of5cials and the general public, may be fully informed and have opportunity to 'com-ment to the Commission.
Amendment No. 4 deleted clause (2) of subsection c., which would have pic.vided a 15. day review period by the Joint Committee on Atomic Energy of any proposed agreement or amendment. The Commission h:.s the responsibility, under section 202 of the Atomic Energy Act, of keeping the Joint Committee " fully and currently informed." Under section 202, it is intended that the Commission shall inform the committee of all pending agreements with individual States, including the proposed certifications and fmdings under subsection d. as to the adequacy of State programs, as well as operations under agreements siter they may become eficctive. The Joint Cummittee does not consider it necessary to provide for formal review of each individual proposed agreement or amendment, but does believe it impvrtar.t that the committee be kept fully informed by the Commission of the operations under the provisions of this bill.
2872 ;
d
/
ATOMIC ENEltGY .
Amendment No. 5 in subsection h. amends the composit:on of the Federal Radiation Council in the bill, as introduced, in certain respects. ,
First, it substitutes the Secretary of Ilcahh, Education, and Welfare
/ for the Surgeon General as a member of the Council. The Department of I!cahh, Education, and Welfare includes both the Public IIcahh Service, under the Sur; con General, and the. Federal Food :,nd Drug Administration, which n!so has an interest in radiation matters. It is intended that the Secretary will receive advice from both of these r.gencies.
The Secretary mr.y, of course, if he so desires, designate the Surgeon General to serve on the Council as his designce. '
As amended, subsection h. names live members of the Council; namely, the Secretary of IIcalth, Educatidn, and Welfare, the Chairman of the Atomic Energy Commission, the Secretary of Defense, the Sccretary of Cominerce, and the Secretary of Labor, or their designees, and such other members as shall be appointed by the President. It provides that the Council shall consult qualified scientists and experts in radiation matters, including the President of the National Academy of Sciences, the Chair-man of the National Committee on Radiation Protection and Measure-ment, and qualified c.vperts in the fic!d of bioiogy and medicine and in the fic!d of health physics.
In this rnanner, persons named in the statute are all appointees of the President, and members cf the President's offici;d family, and the President may appoint additional members, including reprewntatives of the public, and State or local agencies. The bill em-phasizes that the Council sh.dl consult qualified scientists and obtain their advice before advising the President on radiation matters.
The Joint Committee was informed that subsection h., as amended,-
wouhl meet with no objections by the Director of the Eureau of the Budget or the Secretary of the Department of IIcalth, Education, and Welfare.
Amendment necessary. No. 6 deletes the first sentence of subsection k. as un-As expl.iined in more detail subsequently in this report, the Commission now regulates and licenses the materials covered by the Atomic Ener;;y Act (byproduct, source; and special nuclear materials) to protect against radiation hazards. With or without this sentence, in order for a State to so regulate or'licente such materials, it must first establish an adequate program for this purpose and enter into an agree-n'er't with the Commission.
SUMMARY
OF BILL This bili, including the minor amendments approved by the Joint Com-mittee, contains the principal provisions of its predeccesor, S.1987, as proposed by the Atomic Energy Conunission, and introduced by Senator
- Anderson (by request) on May 19,1939. The objectives of the predecessor bill were explained by the letter dated May 13, 1959, to Chairman Ander.
" son from A. R. Luedecke, General Manager of the AEC, as fo: lows:
Essentially, the objectives of this proposed bill are to pro-vide procedurcs at;d criteria whereby the Commission may " turn over" to individual States, as they become ready, certain defined areas of reg tlatory jurisdiction. Certain areas, as to which inter-state, national, or international considerations may be patamount, 2873
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LEGISLATWH ll!STOlW would be excluded. In addition, certain areas would be excluded because the technical safety considerations are of such complexity that it is not likely that any State would be p.epared to deal with L, them during the foreseeable future.
To assist the States to prepare themselves for assuming in.
dependent regulatory jurisdiction, the new bill (like the 1937 bill) spcciGcally authorizes the Commission to provide training and other services to State oGicials and emp;oyees and to enter into n;;rcements with States under which the latter may perform inspections and other' functions cooperatively with the Commis-sion.
The bill includes criteria which *would need to be met before the Commission could turn over any of its responsibilities to a State; and provisions pursuant to which the Commission might reasscrt its authority. The bili provides that the Commission may, upon rer;uest of the Governor or upon its own initiative, terminate or suspend its agreement with the State and reassert its regulatory auth,rity if the Commission finds that such termination or sus- .
pensi is required to protect public health and safety. Oppor-tunity for f. earing is provided.
, The bill also contains specific provisions designed to remove doubt as to the relative responsibilitics of the Commission and the States * * *.
In summary, the principal provisions of the bill authorize the Coin-mission to withdraw its responsibility for regulation of certain ma.
terials-principall; radioisotopes-but not over more hazardous activities such as the licci. sing and regulation of reactors. The bill rc<;aircs com-patibility of Federal and State radiation standards, and authorizes pro-grams to assist the States to assume independent regulatory jurisdiction.
This bill, as amended by the Joint Committee, contains all the pris.-
%, cipal provisions, and 'is intended to accomplish the objectives of the bill piopowd by the C,.mmission. In addition, it contains certain revisions made by the Joint Committee as fo!lowst Firot, the bi:1 has been redrafted by the Joint Committee to make it c! car that it docs not attempt to regulate materials which the AEC docs not now regulate under the Atomic Energy Act of 19M. Such other sources such as X-ray machines and radium also present substantial radiation hazards, but have been for many years the responsibility of the States, tl.c Public IIcalth Service, or c,ther agencies.
Secondly, as a drafting change, subsection b. in the bill as originally
. proposed by AEC (S.1987) contained two clauses-(l) and (2). Because of their sub.* tar.tive importance, these clauses were redrafted as sub-sections b. and c., and certain other subsections renumbered accordingly.
Thirdly, subsection h., added by this bill, establishes a Federal Radia-tion Council to advise the President on radiation matters, similar to the Council recently c>tabli>hed by Executive order. It does modify the '
basic functions of the Council, but mercases its membership from four to f,vc members, includmg the Secretary of Labor, and provides that the Council shall consu;t c;ualified Scientists and experts in radiation matters.
Fourth, a sentence was added by the Joint Committee in new subsection i., pertaining to training and assistance, that in providing assistance to 2874 wm
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ATdMIC ENERGY the States, the Commission shall 'take into account the' ex-additional entering into an agreement with the Commission.penses the Commission, and al o incorporates ,
con-certain a of all the provisions of the bill.sidered desirable by the comm I
~BACI< GROUND The nced for'an amendment.to the Atomic Energy Act of 1954 with
' tion by the States, has been a subject of concern to Joint Committee since pasange of that det in 1954. ers of the the AEC idso submitted to thero;,osed Joint ,
bill Committee to amend cooperation. the Atomic Energy Act of 1951 with respect to Fed eral-State Anderson in 1956, would have authorized the Com compacts or agreements "dclineating the separate responsibilitics" of the AEC and the States with respect to th: health and safety aspcets of authority as it fmds them competent to assume 2d se>sion, introduced by Congressman Durham in 1956, would ha -
which a Governor certifics that his State has a c 6 months after receiving such ccrtification. ,
The AEC-proposed bill, forwr.rded to the Joint Committee in late Junc 1957, wouhl have authorized concurrent radiation safety standa V to be enforcal by the States "not in conflict" with those e AEC.
of th It provided that the States might adopt, inspect against
, and enforce radiation lated by AEC.standards for the protection of heahh and safety in arcas Thus, the bill pro;med by the AEC in 1957 would have-permitted product, dual regulation by both Federal and State Governments o .
radiation hazards. source, and special nuclear materials for protection against chairman of the Joint Committcc instructed the of existing lav.s and regulatione, at the Federal, State, and local level in the atomic energy field in preparation for hearings om-by the Joint C mittee on Federt.!-State cooperation in the spring of 1959.
the Joint Committee staff, with the assistance of an informalAccordingly, advisory March 1959 as a 520-page Joint Committee print .
terials on Federal-State Cooperation in the Atomic e .
Energy The Fi ld "
from various Federal agencies, sumn. aries of th n local governments, and certain nongovernmental organizations
. It also tionships in the atomic energyepared field, by the including a rep 2875 e
l Ye LEGISLATIVE lilSTOllY Council of State Governments entitled " Intergovernmental Relationships in the Fic1ds Other Than Atomic Energy." ,
- As bact.grounit for the hearings on Federal. State cooperation, the Joint Committec held two prior nts of hearings as follows:
- 1. From January 23 to F(1,ruary 3,1939, the Special Subcommitte'e -
on Radiation of the joint Con mittee held public hearin;:s on industrial radioactive waste disposal. Representatives from both Federal and State agencies presented statements on their activitics in regulating or
' handling radioactive waste matcri.ds.
~ 2. From March 10 to 18,1957, the Sutecmmittee on Rescarch and Development hcid public hearir;;s on employee radiation hazards and workmen's compensation. Witnesses from Federal and State agtncies, as well as nongovernmental organizations, testified darir.g thuc hearings.
In order to inform all State Governors of the phins of the Joint Ccm.
raittee and the hearings which led to this bill, Chairman Anderson and Vice Ch' airman Durham, and three other ran'ain;: members of the com-mittee (Senator Ilichenlooper, Congressman Van Zandt, and Congressman 11olific!d as chairman of the Soberemmittee on Legislation) sent a letter on February 11, 1959, to cach Governor of the then 49 Str.tes. Subse.
<;uently, copics of the joint Committee print on " Selected Materials on Federal. State Cooperation in the Atomic Energy Ficid" and "Sciccted Materials on Employee Radiation IIazards and Workmen's Compensation" were also sent to cat.h Governor, as well as to n!! other persons on the Joint Committee mailing list, and othcr interested persons. e At the recncst of the Joint Committee, the Commission, on March o :
5,1959, forwarded to the Joint Committee a proposed bill for the purposes I of inclusion in the Joirt Committee print, and the Joint Commit:ce-schtdidcd hearings to be 12 'd in Ma3 1959. On May 13,1959, the Cr,m-mission formally transmit - its proposal to amend the Atomic Energy ,
Act with respcet to cooperation with States, which was identical to the ;
March 5 version, except for minor revisions. This bill was introduced 6 (by ret;uest) by Senator Andenon as S.1987 and by Congressman Durham j
as ll.R. 7214. '
From May 19 to 22,1959, the Joint Committee held hearings, as i
summarized below in the next section of this report. Thereafter, it was
- announced that the liureau of the Budget was coordinating a study within the eneutive branch concerning allocation of radiation control re- l sponsibilitics among Fedcral r.gencies and transfer of functions to States, !
and the committee decmed it advisabic to take no further action on the -
bills until the results of such study were announced. On August 14, '
the White llouse issued a press release announcing establishment of a .
Federal Radiation Council, and stating, in addition, as follows: "
In addition, the President approved a series of recommenda-tions to be carried out upon enactaient of proposed Ic;;isistion [
endorsed by the administration (S.19S7 and H.R. 7214) under ,
which certain re;;ulatory responsibilities of the Atomic Energy j t
Commission will be transferred to the States by agreement with '
the Commission as the States ec,uip themselves to assume them.
The recommendations were that-4
' 287G !
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ATO31tC UNEltGY ,
(a) The Atomic Energy Commission h.tve the princips! Federal schponsil,ility for prrrr. ring the States for the proposed transfer of certain of its regulatory responsibi:ities. '
V. (b) The training programs necenary for such transfer be fmanced and planned by the Commission, and in order to make maximum use of existing facilitics and competence, such progr.ms be conducted under cooperative arrangonents between the Atomic Energy Cornn:ission and the Department of Health, Education, and Welfare. ~
(c) At the termination of this special training progrr.ra any training of State persor.ncl Le er.nducted within the contir.uing s programs of the Department of.Hestth, Education, and Weliare and other Federal agencies.
(d) The Depsttment of licahh, E,h: cation, and Wcliare con-tinue as the Federal focal point for guidance and assistance to the States with respect to contamination by and bioto;;ical ef.'cets from radiation sources not now under control of the Commission.
'After announcement of the August 14, 1939, Executive order which established the Federal Radiation Council, and reaf:irmed the administra.
tion's support of S.1937 and H.R. 7214, Senator Anderson introduced on August 19, 1959, this bill as S. 2!6S, to incorporate the principt.! provi.
s'ons of S.19S7, plus certain other provisions, including recognition of t!.c Federal Radiation Council. On the next day, August 20,1939, Con-gressman Durham introduced an identical Lill r.s H.R. 8755. On August 25, 1959, the n.mmittee received comments from the AEC on S. 2!6S and H.R. 5755. The committee met to consider the bilis in executive inectings on August 25 and 31,1939, ar.d vo:cd to report the Li!!s out, with certain minor amendments as summarized in this report. '
HEARm*GS
.' From May 19 to 22,1959, the Joint Committee held public hearings on the bills proposed by AEC, and on the subject of Federal 4 tate coopera-tion in the atomic energy fie:d. Testimony was received from the follow-ir.g persons and organizationst Licy 19,1959 Dr. G. Hoyt Whipp;e, University of Michi;;an Dr. Lauriston Taylor, chairmr.n, Naticnal Committee on Radiation Protection r.nd Mearurement Commissioner John S. Graham, U. S. Atomic Energy Commission Dr. Charles li. Dur. ham, U. S. Atomic Energ> Ccmmission Dr. Joseph Lieberman, U. S. Atomic Energy Commission Mr. Oscar S. Smith, U. S. Atomic Energy Commission Mr. Curtis A. Nc: son, U. S. Atomic Energy Commission Mr. Harohl Price, U. S. Atomic Energy Cemmission Dr. Clifford Deck, U. S. Atomic Er.ergy Commission Dr. David Price, U. S. Public Heait'n Service Dr. Francis J. Weber, U. S. Pub:ie Hea:th Service afay20,1959 Gov. Robert E. Smy ie of Idaho Mr. Lee Hydernan, University of Michigan Law School 2877 pmW #"
LEGISLATIVE IllSTO!!Y .
3 Dr. W. L. Wilson, State of Texas Dr. Erris Kleinfeld, State of New Yor:c '
. Str. P. W. Jacoe, State of Colorado
- y Dr. Siaurice 11. Visscher, State of >!innesota Sir. !!aroid Sandb.mk, American Stunicipal Association Zlay 21, K.O '
Connoiesior.cr John S. Graham, U. S. Ate,mic F.ner;;y Commission
>lt. Robert Lowenstcii. U. S. Atmnic Er.stgy Comn:ission Dr. John D. Porterra:4 U. S. Puhtic Ih:.hh Service Dr. Francis J. Wckr, U. S. Pub:ic Ihr.hh Service
. Atr. Jo 31. Ferguson, Association of Attorneys General Str. Charles F. Schwan, Council of St:.te Governments
. Air. Frrmk Norton. Southern Governors Conference air. R .ymond 1. Rigt.cy, representing the Governor of mssachusetts Alr. C:ement R. Dasett, representing tf:e Governor of West Virginia Alt. Karl R. A1:en and LIr. George Kinsman, representing the Governor ,
of the State of Florida stay 22,lH9 l Str. John Curran, AFleCIO ,
>!r. Leonard English, Firefighters Union
>!r. Fri.nk Norton, Southern Governors Conference .
Air. Wi;;iam 3:eAdams, U. S. Chamber of Commerce 31r. Oliver Townsend, Atomic Energy Coordinator, State of New York
>!r. William Berman and Alr. Lcc Ilydcman, University of Afichigan
, Air. Otto Christemon, Conference of State mnnfacturers Association I Prof. Ceu,:e Frampton, University of li:inois I.aw School ,
Dr. Roy Cicere, Co orado Department of IIcatth air. Leo Gr.odman, United Automobile Workers ,
In addition the Joint Committee received comments from the AEC con-
- cerning 1,ossilde revisions to the bill at a hearing on August ?6,1939.
CO3131ENTS BY TIIE JOINT CO3D.IITTEE ,
- 1. This psoposed legishtion is intended to clarify the responsibilities .'
of the Federal Govermacnt, on the one hand, and State and local gosern-ments, on the other, with respcct to the ry:ulation of by;>roduct, scurce,
- and special nuclear materials, as deSned in the Atomic Energy Act, in order to protect the public health and safety from radntion hazards. It is also intended to in rease pro;; rams of assistanec and cooperation be. ,
tween the Commission and the States so as to make it possible for the States to participate in regulating the harards associated with such ma- ,
teria!s. !
- 2. The approach of the bill is considered appropriate, in the opinion of the Joint Connaittcc, for several reasons: '
(a) The approach is on a State-by State basis. It authe,rires the Com-mission to enter'into egreements with Governors of individual States, after p*oper certincations and iindings by both the Governor and the
. Commission as to the adequacy of the State's program. A few States have i indicated they will be ready in the ncar future to begin discussions lead. !
ing to an agreement to assume regulatory responsibility for such materials.
2878 ;
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- ATO.t!!C ENiiltGY Others will not 1.c ready withent more effort mrere artistance, and t. ore ex;>crience for averal, or perhaps many, years,. The bill does not an: hor.
{
ize a wholesale tr!incluishment r,r abdication by the Cmumission of its
- ' regulatory rc.ponsibihties tot ordy a gradu,d, carefnity confidtred turn. .
over, on a Stritcl,y State basis, as individual States may become r;na!!/.ed.
(b) The 1.ill .'pplies to some, but ne.t all, atomic energy activitics now regulated exc!mirely by AEC, whose use and ;, resent licensirg by AEC is widerpread, but wl.
is local and limited.
.'.torcoscr, thr radiation hanrd from radioisotopes
< States-such has simitaritic> to that fecm other radiation sources already re;ulated as X ray machines and radium.
of more dangerous activities-such as nuc! car reactors-will rernain the creclusisc responsibility of the Cr.,mmission.
- Thus a line is drawn be.
tween types of activities deemed appropriate for regulation ual by individ is neces>ary. States at this time, and other activities where continued AE
' (c) The bill authorizes increand training and tissistance to 3tates ,
and thus enhances die ;stotection of the public health and safety, because most citizens look to their local hcalth ofiicers for advice and protection against hazardous materials used in the community.
such of:icials to control hazards from hyproduct, source, and special nue:carT authorized under this bill. materials wnuld be increased by the training and p Presun ably the capacity of such oMeia!s to deal with other mr.teriats .tready undct their responsibihty-such as X ray machines the public heahhand and radium-would sr fety. also be increased, thus further protecting
- 3. ,
It is not intended to leave any room for the exercise of dua! or con-byproduct, source, c,r special nuc! car materials.currcnt juri> dic The intent is to have the material repdated and licensed either by the Comminion or by th Str.te and local governments, but not ley both. The hille is intended to co-into agreements to assua:-courage States to is.ercase their knowledge and ca
- 4. regulatory responsibilities orcr such materials.
The bill amhoritc. ihe Co.nmission to provide trai:dng and other the State under which the latter may perform inspec tions cooperatis cly with the Commission. -
to anin tory the States jurisdiction. to prepare themscIves for assuming eguia.
irdependnt rBy th 5.
. radiation stand.trds adoptcd by States under the agre should cither be identical or compatib'c with those of the Federal Govern ment. -
tent feas;ib!c1 or this rer.scn the cosmnittec removed the langu. age "to the ex-ings from .Tiay 19 to 22, M9.m subscetion g. of the ori;:inal AEC bill considered at oi the testimony besore it by numerous witnesses of the dange fh,etmg, c,ver:sppmg, ar.d inconsistent standards in different jurisdictions-to6.the hmderance or mdustry and Jcopardy of public safety .
The bill estab;ishes, in subsection h., a Federal Radiation Council to advise the Presiuent with respect to radiation matters .
It is hoped -
2879
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LEGISLATIVE lilST0!n*
that this Cour.cil will anist in obtaining uniformity of basic standards among Pr.hral agencies, as well as in programs of cor.peration with States. The Council, as established in the hill, increases the membership from four to Cre, including the ori;:inal four members and the Secretary of v Labor, or their desigr.ces, and such other members as shall he ap;>oimed by the Pre >ident. The President, if he deems it appropriate, may appoint representatives of the pub ie, or State or local agencies. The till provides that the Council shall consult c;ualifieri scientists and exper:$ in radiation -
- matters, inctnding the Preside .t of the National Academy of Sciences, the f
. Chairman of the Natior.at Corr.mittee on leadiation Protection and Mess-urement, and c;ualised experts in the Scid of biology and mcdicine, and in the 6cid of health physics.
- 7. The Lill recognizes that tds is interim !cgislation. The committee believes that the uscs of atomic energ> will te so widespread in futurc years thr.t States should continue to prepare themselves for increased responsjki itics.
SECTION.BY SECTION ANALYSIS Section 1 of this Lill adds a new section 274 to the Atomic Energy Act of 10.4, as amended, with respect to cooperation with States. The rec.
ommen&d new scetion 274 consists of subsections a. through n., each of which wi!! Le briefly summarized below.
Subscetion a. setstforth the purpose of the new section 274. As re. .
drafted !>y the connaittee, the purporc is c!carly limited to the materials already regulated by the Commission under the Atomic Energy Act of IMi; nam,ly, byproduct, sourec, and special nuclear anaterials. The purpose, as nedrafted by the committee, also provides for coordination of the' de.
velopment of radiation stanJand, for the guidance of Federal agencies and cooperation with States, and reco,;nizes that this is intesim legislation in that, as the States improve their capabilitics, additional !cgislation may bc ,
%s needed, perhaps in approximately 5 years.
Subscetion b. is the principal substantive section of the hill. It au. .
thorizes the Conunission to enter into agre.ments with Governors of in. .
dividual States providing for discontinuance of the regulatory source ma.
terial, and special nuclear materials, in quantitics not suff.cient to form a cri:ieal m.m. Daring the duration of such an agreement, it is recognized that the State shall have the authority to rc;;ulate such materials for the protection of the public heahh and safety from radiation harards. Prior '
. to such an agreement, the Commission has the respon>itility for the regula-4 tion of such materials. Subsection b. permits the Cc.mmission to discon.
tinue its authority and encourages States, when qualined, to assume the ,
responsibility. The hazards from the types of materials encompass by far '
the greatest part of the Commission's presuit licensing and reguistory ac.
tivitics. They are arcas wh.'ch are susecpti' ole to regulation by the States..
after the State has establishcd a pro;; ram for the contrc.) of radiation ha:- '
ards. Subsectim b. provides that so long as the agreement is in ciicct ,
' the State shall have regulatory authority over these materials.
Subsectica c. of the bi:1 cxcludes certain areas from an agrecment un- .
der subsection b. between the Commission and the Governor of a S:ste. .
. These are areas which, because of their special hazards, or for reasons of ;
2880 !
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ATOMIC EN):ltGY I'vdcral ley reslonsibility, the Cemnuinion. are bs!icved desirahie for continued responsibilit
- duction or utilizatinn facilities, includin;; reactors; the exp of wch materials or facilitivs; the dispo*al into the ocean or sea of such materials; amt the disposal of such other materials as the Commission de .
termines because of hazards or potential hazards should sposed not be di of withont a license from the C<>mmission.
i tion C. provides that the Conunission, notwithst.inding .
un-any rgreementThe der subscetion L, is authoriacd to require th.tt the manufacturer, processor ,
taining such materials shan m,t trar.sfer ucts, except pursuant to an AEC licsn,se. prod-possession or
, by section analysis of the bill, forvearded by the 13,1959 IdayThe
! citer ex- Comrnission, in its plairsed the I nrpcsc of this sen.tence as fo!!ows't ,
The controls which would be exercised by the Commission un-der this provision would apply only to " transfer of possession or controp' by the " manufacturer, processor, or producer."The Commission would not be authorized under this provision to regu-late any radiation hazards which mi;;ht arise during manufacture, transportriion, or use of a prodnet.
Under the provision, the Comuussion will be in a position to assure that articles containing byproduct, source, or special nuc! car material will not be distributed unless they ancet the Commission's minimum safety requirements, including ap;iropriate ruanufactur-ing and procestin.; specifications and labeling requirements. Idan-ufactuiers of such devices as gages,laminous markcts, radiograph and telethera;'y devices, c!cctionic tubes, and so forth sell their products tries. thron;;hout the United States and in snany foreign cinm-n is ina;.ortant to assure that contro!s with respect to such
, products should be imiform and sin,uld be unifortaly app!hal.
rmmlon to continac the exercisc of control over the di of artic!cs enntaining source, byproduct, or spccial nuclear ma-terial.
byproduct materia!=, increases, there may be increasm by manufacturces and processors to incorporate such materials in tribution. (such as consumer products) that receive widespread dis-articles Ahhou;;h it is not a prescot problem, the extent to which the wides: rcud distiibution of radioactive snaterials shou!d be permitted in this countri may in the foresecabic future present r;untions of pub!ic policy which can be resolved, and the hazards .
contro: led, only at the Federal level.
by the Commission, before any agreement It is in-may be entere tended to protect the public healt!i and safety by as.suring ae that the St t pro,: ram is responsibilities. adequate before the Commission may withdraw its regulatory Subscction c. provides for publication in the Federal Register of such proposed mer.t agreemer.ts by interened persons. or exemptions, r.nd provides an opportunity for com-LT.S.Corur. .ts Mm. News W181 g
/
.h h.e's. 4 Em9 h4 LEGISLATIVE IIISTOltY .
Snh<cetion f. amharizes the Conunission to grant exemptions from the ,
licensing regniermtnts.
Subscetion g. prnvides that the Commission is authorized and directed to ,
- cr. operate with the States in the formulation of standards for the protcetion of public health and safety from radiation hazards and to assure that State and Commi>sirm programs for protcetion against radiation hazards will'be enordinated and cmn;iatib!c. In most cases, it is intended that State and local standards should be the same as Federal standards in order to r. void I conflict,' duplication, nr gaps.
Subection h. estaldishes a Federal Radiation Council, consisting of nine members. The first seven are idcutified in the b!il. Ily the use of the
. words "or their designees," it is indicated that r,uali!!cd subordinates, par.
ticularly those with technical con:petence, may serve rm the Council. The Pcdcrat Radiation Council was reccatly estah!!shed by Exceutive order of the President. It is not intended to interfere with the functions of the Com:cil at estab'ished, but to recogniec it by statute, add the Secretary of Labor, provide for consultation with scientific experts, and authorire it to advisc as to programs of cooperatinn with States. As in the Execu.
tive order, it provides that the Council shall advise the Presides:t with rc.
sget to certain radi.. tion matters, including guidance for all Federal agen.
cics in the formulation of basic radiation ttandards and in the citablish.
4 ment a:A excention of programs of cooperation with States, it is pro.
vided that the Council shall also perform such other functions as the Presi . .
dent may assign to it by Excentive order. l Subsection i. provides that the Commission is authorized to provide train. ,1 ing with or without charge, and such other assistance to cmployces of any ;
State or political subdivision thereof, or groups of States, as the Commis.
l sion deems a; pro;niate. The last sentence ndded by the Joint Committee, after hearings, provides that any such assistance shall take into account . h the auditional expenses that snay be incurred by the State as the cc.nse. .
r;uence of the State entuing into r.n agreement with the Comminion. It .'
i is not inissided that a cash grant sh..ll be provided to pay for the cdminis. I tration of State rer,nlatory progr.*ms. It is antici; ated that training. con.
sniting, .ual similar arrangt-m(nt> may 'ue made by the Comminion to reira. I burse State or State employces for expenses, or pay salaries of such cm.
ployecs while associated with the AEC. 5 Sub>cction j. of the bill provides that the Commi<sion, upon its own initi. ;
ativt after reasonaNe notice and op;wrtunity for hearing, or upon rcr;uest /
of the Goscruor of a State, may terminate or suspend its agrcement wi:h .
the State and reatscrt the bcensing and regulatory authority vcsted in the .
. Commission imder the Atmnie Energy Act, if the Commission finds that such termination or susrension is required to protect the public health and sa fety. This prnviven represents a reserve power, to be exercised only l under cxtraordinary circum >tances, i Sabrection k. provides that nothhg in the new sectior. 274 shall be con. i strued to aficct the authority of any State or local agency to re;tulate ac. ,
tivities for purposes other than prettetion against radiation hazards. This i subsection is intended to make it c! car that the bill does not im;. air the ,
State authority to regulate activities of AEC licenseen for the manifold -
health, safety, and economic purposes other than radiation protection. As :
2882 * '
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SAVINGS AND LOAN ASSOCIATIONS indie:.ted elsewhere, the C.immi>> ion ha for pro:cetion ngainst rr..:iation hazards until asuch time as the Sts ters into :.n ngreement with the Commi>si<m to annm Subscetion 1.
te u..
{.
States in actisities which are cor.tinued under Com the Commission is reg ired t > give prompt no:iec. T:n:r, to the St t a ts of the f.:!:.g of licen>c applications ar.d to s#ord reasonahic opportunity for St ep-resentatives mission to offer crisnee, as to the ap;dication. interrogate witnesses,cm.and advise the C
" bili ar.d is designed to ma'xe it cicar that the bi mission's r.nthority nnder the A;emic Energy eAct Cem.
to issuc appropria c s, regolations, or orders to pretect the common defense o pro- an-1 ncurity t
' tect restricted data, and to guard against the loss or di nudear materials.
version of special Subsection n. dc5nes the term " State" as meaning ,
ory, any State Terr District of Cohimbia.or possession of the Unhed States, ,
e the Canal Zo crnor" means the chici exccutive o. Geer of any such ent 1958, by dc!cting tion 53a." from the second sentence.
the phrase " distributed c of subsec.
under to assure that the authority of the Commission ure special nuc! car to rceaptThe purpose material wher.crcr the Congrcss declarcs that a nal state of war or natio emergency exists, shall not be impaired by reason of the Co mmission's having entered into an agreement with the Governor .
of any State SAVINGS 110LDING AND LOAN CO.TIPANIES ASSOCIATIONS-REGULA For text of .tct sec p. 781 Senate Report No. S10, Aug. 23,1959 [To accompany II R 721 ..
IIouse Report No. 670, July 16,1959 [To accompany ILR 7244 .
The Senate Report is set out.
4
' f ~ Senato Report No. 810
/
bill (ILR. 72M) to promote and and loan associations by protecting them a preserve local m of savings compar.ics, having considered the same, gainst encroachtnc:it by holding amendments and cccommend that the bill, as amended, do passreport favo .
PURPOSE OF TIIE DILL 2-year period the accelerstmg vtrend ,
or e r.gs and of act,uisition loan nuociations by savings and loan holding companies
. During this waiting period the Federa: Home Loan Bank Board will be ask d e to sur.
2883
-~ -
O-
.S I
l ATOMIC ENERGY-AGENCY JURISDICTION wait 5 years before being appointed ,
ave to again to t eace Corps.
V Any person wht'( after serving 5 years, had his appointment ex
( year under special circumstances, could not be egiven or 1 a job with the P eace j Corps staff until 6 years after the termination ment.
of his extenced j
In agrccing to these modifications in the House on the bill, the manag part of the IIouse believe they are in accordance e with the policy o rector of the Peace Corps that the staff of that a;:ency not be organ I
a career basis and that 5-y:ar appointments under e on normal circum t l are the maximum desired. s ances indicating that these limitations impede the operation o j
Congress will have an opportunity to giverogram, te r. further the mat-consideration t Tuo.%fAS E. Moncan,
' Cte.srsvr J. ZAi,toenz, l Enna F. KEtLY, WAYNE L. IIAYS,
, t FaAucts P. BoLTorr, E. Ross Anarn, W. S. MAnttrano, Managers on the l' art of the House.
~
,I
} ATOMIC For ENERGY-AGENCY JURISDICTION tc.rt of .1ct acc p. G03 j
House Report (Atomic Energy Committcc) No. 567, I
June 30,10G5 [To accompany U.It. SS5G]
Senate Report (Atomic Energy Committee) No. 300,
~
June 30,1005 ITo acccinpany S. 2103)
Cong. Record Vol. 111 (1905) l DATES OF CONSIDERATION AND PASSAGE llouse July 20,10G5 i Senate August 10,1065 The Ifouse bill was passed in lieu of the Senate bill.
The llouse Report is set out.
t,
' IIOUSE REPORT NO. 567 l
blIE Joint Committee on Atomic Energy, having co to amend section 271 of the. Atomic Energy Act of 1931 as amended, re-f port favorably thereon without amendment end reco:nmend pass.
o that the b
SUMMARY
OF THE DILL l
t i would amend section 271 of the Atomic ergy,
, as amended, Energy Ac i 2775 e
i t
i M
g e yv *
.. > LEGISLATIVE IUSTORY for the purpose of clarifying the language of that section to conform to the intent of Congress.
As amended, this section would provide that nothing j in the Atomic Energy Act of 1954, as amended, shall be construed to aficct
' 2 the authority of any Federal, State, or local agency with respect to the generation, sale, or transmission of electric power produced through the use of nuclear facilitics licensed by the Atomic Energy Commission. However, nothing in section 271 shall be construed to confer on any Federal, State, or local agency any authority to regulate, control, or restrict activities of the Atomic Energy Commission.
BACKGROUND In 1961, after several) cars of study, Congress authorized construction
. . of a $114 million linear accelcrator facility on the property of Stanford University in California (SLAC). Thereafter, construction of the SLAC facility began and is continuing today. In order to obtain the large amounts
.of c!cctric p'ower necessary for this facility, the Atomic Energy Commis-sion and Pacific Gas & Electric Co., the local utility, signed a contract in
. January 1963, which stipulated that a 220-kilovo!t overhead powerline, sus-pended from conventional towers, would be constructed t service SLAC. 4 maintained to In 1963 and early 1958, two local governmental authoritics in the State of California-the town of Woodside and the county of San Matco-refus-ed to issue land use permits to Pacific Gas & Electric Co. to construct an electric transmission line to bring clectric power to serve SLAC un! css the line was placed underground. The SLAC facility was, and is, under con-struction for the account of the U.S. Government. As the result of this barrier to the supply of power for the operation of this national facility, the Department of Justice, representing the Atomic Energy Commission ,
. instituted judicial proceedings in 1961 to condemn certain electric transmis- i sion line casements within the county of San Mateo and the town of Wood-side.
It was the intent of the AEC to ace,uire these casements in order to construct and maintain an overhead cIcctric powcr transmission line for the purpose of receiving electricity for SLAC from Pacific Gas & E!cetric Co. and the Bureau of Reclamation.
In this connection,it is significant that at the time land use permits were denied to Pacific Gas & Electric Co. for overhead powerlines there were no ordinances of the town of Woodside or of the county of San Mateo prohibiting overhead transmission lines.
i However, on March 9,1954, the l ing overhead powerlines of 50,003 volts or greater. town of This action was taken after the stituted town shortly. was advised by AEC that condemnation action would be in-
. This ordinance was followed on April other temporary interim zoning ordinance, valid for 1 year, v d prohibit-13,19
. cd all overhead transmission lines. . According to represente.ves of the town of Woodside, the town's interim zoning ordinance has been rercwed .
( for another year, but has never been made permanent legislation. Variances t
I for local residents have been granted since the temporary ordinance was enacted.
Since March 9,1954, while the controversy over construction of an overhead powerline for SLAC continued, 59 new poles were crected
) within about 5 miles from the proposed overhead line route. The county 2776 .
, '; ~.. .
ATO>lIC ENERGY-AGENCY JURISDICTION
' ' of San hiateo does not at this time have an ordinance requiring under.
, ground powerlines.
The defendants in the above. mentioned condemnation actions argued that
[
scetion 271 of the act, which reads as follows:
- Sr.c. 271. Acc.NCY JUal50!CT!oN.-NCthirig in this Act shall be construed to affect the authority or regulations of any Federal, State, or local agency with respect to the generation, sale, or transmission of c!cetric power.
deprived the AEC of authority to cor.demn these casements for the pur.
poses stated above, since ordinances of the town of Woodside and the county of San hinteo had the eficet of preventing construction of the over
- head transmission line. A Federal district court dismissed this argement.
- The defendants in the c'ondemnation actions then appealed to the U.S.
Court of Appeals for the Ninth Circuit.
On May 20,*1965, the cotire of appeals reversed the order of the lower cou rt.
' The court of appeals, contrary to the opinion of the Federal dis.
trict court, was of the view that section 271 of the act subjected AEC it-
' self to the authority or regulations of any Federal, State, or local agency with respect to the generation, sale, or transmission of c!cctric power. Ac.
cording to the court, the town of Woodside and county of San Mateo ord'-
nances pertained to the. transmission of clectric power. The court ruled, in eficct, that at:hongh AEC could take the proposed action pursuant to the supremacy clause of article VI of the Constitution, section 271, by neces-sary implication, precluded AEC from constructing and operating this over-
- head line. .
On May 25,1%5, three identical bills (H.R. S443, II.R. 8 444, and S. 2035) '
were introduced by Chairman Holiticid, Mr. Hosmer, and Vice Chairman Pastore (for himscif and Senator Hickenlooper), respectively, for the pur-pose of reiterating the intent of Congress underlying scetion 271 and clari-fying the meaning of this section. l'ublic hearings on these bills were held i on May 27,1%5, and June 2,1%5, before the Subcornmittee on Legislation, ,
as summarized in the next section of this report.
The Subcommittee on Legislation met in executive session on June 8, 1965, and after careful deliberation, voted without dissent to adopt certain perfecting amendments to these bills which had been suggested as the result of several informal conferences between the stari of the committee and representatives of the Department of Justice and the AEC. The subcom.
mittee niso voted to file identical ** clean bills," which were introduced on
- j June 8,1965, by Chairman Holifield (as H.R. SS56), Mr. Hosmer (as H.R.
l 8857), and Vice Chairman Pastore (for himself and Senator Hickenlooper, as S. 2103).
The full committee met to consider these bil:s on June 16 and 29,1965.
After full discussion, the committee voted unanimously on June 29,195~, - to report out the bills as approved by the Subcommittee on Legislation (H.R.
. SS56 and S. 2103), without amendment, with a recommendation that they
, do pass, and to adopt this report thereon. -
- 2777 4
y.* . , -
h LEGISLATIVE HISTORY I
{ IIEARINGS .
- y, On May 27,1965, the following witnesses appeared before the Subcom-mittee on Legislation concerning H.R. S443. H.R. FA% and S. 2035
- Representing the Atomic Energy Commission:
! Commissioner Gerald F. Tape.
Joseph F. Hennessey, General Counsel. .
I Lawrence G. Mohr, area manager, Palo Alto area of5ce.
Representing Stahford Ur.iversity:
13r. W. K. H. Pano. sky, director, Stanford Linear Accelerator Cen-
. ter.
Represci. ting the town of Woodside:
' ~
Paul N. McCloskey, Jr., special ecunsel. ,
. Donald J. Graham, mayor. .
In addition to the above. mentioned witnesses the Honorable J. Arthur Younger, a Representative in Congress from the State of California, tes-tified before the subcommittee.
On June 2,1965, the Subcommittee on Legislation received testimony from the following witnesses:
' Representing the Atomic Energy Commission: .
Comrnissioner Gerald F. Tape.
E. J. Bloch, Deputy General Manager. .
Representing the towTi of Woodside:
Austin Clapp, special counsel.
Paul N. McCleskey, Jr., special counsel.
Representing the county of San Mateo:
E. R. Stallings, county manager. , ;
Mrs. Jean Fassler, member of the board of supervisors, San Mateo County.
Representing Stanford University:
D Lyle Nelson, director of university relations.
Representing Pacific Gas & Electric Co.:
Frederick T. Scarls, ger.cral attorney.
in addition to the above. mentioned witnesses, the subcommittee received testimony from the Honorable Thomas H. Kuchel, a U.S. Senator from the State of California, and the Honorable J. Arthur Younger, a Represen-tative in Congress from the State of California.
These hearings were published by the Joint Committee under ;he tit?e
" Proposed Amendmen; to Section 271 of the Atomic Energy Act of 19541-COM51ITTEE COMMENTS A. General purpose of the bin '
Section 271 was included in the national atomic energy law for the first ,
time in 1954, with the enactment of H.R. 9757, the " Atomic Energy Act of 1954." Virtually ncthing was said about this section in the Joint Commit-tee's report on the bill, although there was considerable discussion of the meaning of this section during the Senate debates.
A review of the legislative history of this section makes it quite c: car why it was placed in the law. The Atomic Energy Act of 1954 established .
the framework for significant private participation in the developmer.t of ;
2778 ,
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.. . v .. . . . . .s. : .
...w . ....
por::.n: prcvisicas in Oc M34 r.c: n.e case auGorizin; priv;.:e ~ ownership t -
. s. cp% .......O.:...
. .. . . 6.c . ..L.... . C* ors, : ....s. : ,.,.. csc ..s . . .:..,:...,.,,.C...:..
' . . . . . . . . . . . .w v.. . . ..u. .
of c::::ric pewer. "".c :.c: :.:so es:nL:!shed ec=prehensive pr.::crn of
~?eder:d regi.;ica over ;.:ue prFr.:c:y cwned power re.c: cts, which wou d
'c: c.wrcim *.y .he I.EC. As ? .r: ci :..is regt-::.: cry pr.t:crn, cc A2C we.s t.uccrira :c heense priv:.:c;y cw:.ed power rc:c: cts under secdon ;"3
- .nd se:non U, o! Oc :.c:. ice ce purgesc ci prc:ceting the hesha and sr.ic.
- y ci ce p $'ic :.nd da ec==;,n' defense sed securi:y.
3cer.us c!:r. sc unic;ue prcviacns in de :.c: per:sining :o AEC's Icens.
. ......e,,.... .
. .:c
.. . o.: p s .s..c.c
. .:. rca. .. ors w . ... sc... s. w:.e -..s a. .o e . . . . . .
produce c:cc:rici:y, there wr.s ss=: icCling of uneasiness :.=cn; ce drafiers ci .esc Icgia : c.n over de clice: of de 'new hw upon cdct egencies-Fed-
,...,...?. .. .... los.. s ....:.., : ... ?:
6 L...... ,...:sw. *
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... s..:H:c . w. :. c.cs.
.. :.w. .fv. ...c
.. . ... M.. o s . .ce..,. g .. .
- zc6 w.y ...s.C c . ....Crs .... . . *...e .
.. . ... .:.y
. . . c . . *..ese c.%. .. .. .n,s, ..s.. .:. w.: . .%. ..es. ew.... .o .*....c .nc .c .. ..: .. ., s *c, .....d rr.ns:n'esLn ci c!:c:ric pcwcr produced :hrcugh Oc use ci nuc'ct.r inci:..
da w.s nc: .ficned by Gis new : w: and :n.: AEC'.s regah:ory con:rc:
.... s . ........ :..,.o . Cw. s: . ..a.w. .. . . . . : ...
- . vv...v.,...
.. ...e . .so ......w..
. ....w.. . . G e.:c.Sc .. . ., SCC...:.y
...s. . . . . .
c.nd Oc pec:cc:icn ci tt.: he:.hh .nd s.ic:7 ci de pub'.ic w!:: respec::o the ,
s..ce: a . :.::.rds :.ssceisted wh:. Se cpcration ci nuc:c r faci:.: cs. .N~cve r.
Ge:co, . wen.n 071 was .dded :c mr.ke i: exp:Ici: dra liccasecs ci :hc A2C
.t ho 3 c:.uced p wer crcu;;.- Oc usc ci nuc; ear i:.ci; des wou:d c:hcrwisc '
......s...,,2.. 6.....o...n.C =. . . . ..=u.c
.s..-- . .. :.y v. u.. .jf.
...c.s..:.., ev Cw..,
.. t,..b... .c, C(.,.ws... .....
r.uccrias win respec: c t.u genert.-icn, s *e, or trr.ns=Isdon of c:ec:ric .
- n. owe r.
- Severed cQ:r OMn:s shou:d be no:ed concernir. secdon 27. Thc f.rst is 0:.: i: was :.c: ..nended ;o af.'ee: nnc:hc secdon ci Oc sta:u c-section 2.-which se:s :ct::. condidcas under w:ueh the AEC :nsy dispose of energy .eroduced at cc AZC's produc:ica ::.cd des cr experknen::: u:i !za-tion : eG aes. Second, cere w:.s no in;en:icn, by ine:udin; see:!on 271 in
. e ne:, : any wt.y :o .. ..2=:: :..c sovere:gn :.=mun::y possessed by t.;c A.:. C
.3 c. '.?cderr.. . .
- ency, by virnac ci Oc supremncy c
- :.use ci r.r:!c:e V~ of ce w.
S. vensa. non. . n .. .ns connec:icn, see ce s:stemen: ,oy Sena:or Mic'un:ceper on pagc il ci Oc her.rk;s of ce Join: Conunh:ce entided j
- ?rcsc2ed Amend =cn: :o Seencr. 27' ci cc A:cmic Energy Act ci :954."
The decisica ci cc U. S. cour: ci appe:Js hr.nded down on 2.hy 20. IM5.
cverra:in;; ower Fer*ct:d ccur:, h:s tr.ised dochts concerning sc in:crpr e. -
- .dsn :o be given by the cour:s to de in:e:2: of Congress under:ying secdo .
,e- . .
.s .... . .. e. , t.,.,.vc, :s m.-.. .:s:. , . ..ac ...
.. o., .t ..c ev. ..w
, . .. .w .,e .. .. ..:c . .p. rw. .ecu.:.
s i
!=gs invs ving an c'ec:ric pcwcr:Inc for S*.AC. However, de decision ci tie ccur: hr.s far.reddn; imp;ica:!cas which go to de very hear: of Ac A. e.. .u c .: . , pw......
The hc: ding ci Oc conr: we.s Msed upon de ic::cwing line of rer.soning:
T.: ;cnered sovereign !==unhy ci de Federr.1 Gcvernment, i:s agencies an/. ir.ri.:=cna' ides (c. g., cc AEC), fro = S:ste or :octa con:rol of i:s n.
a wVc . .. , .. e .. ..: . s, .:s cS. . s..:
......s..~.......w.. . . e : .. 2C .L.w,s....c .. =j.
.cy C. ..sc . o . . ..c*c V: ci cc U. S. Ccns&unca. Therciore dc :.c:ivides c! ce AEC in con-
, .. cw..:c .. . w:...a . .., Cw..s. . :c... , of w.
..w.. .. o. ... c ... u.
s dss.w.n .:.c ..
Gesdca are who::y i==une frc:r. beta con:rc , v.:ess it can be estab !shed
, <r.l
. .m a
w emum4e. P'tdirou .y',ehme,.i__ '4_MP LEGISLATIVE IIISTORY that Congress has directed that AEC subject itself thercto. The court found that no Federal statute contains such an express limitation of this
. Y I
kind. IIowever,in the opinion of the court:
section 271 recluires AEC to accede to the authority or regu-lations of any Federal, State, or local agency with respect to the
.' " * *
- generation; sale, or transmission of clectric power. The line which AEC proposes to construct and operate in Woodside and adjacent San ;dateo County, is for the transmission of electric
~
' - powe r. The zer'ng and other ordinances of Woodside and the
- county, here in r,uestion, pertain to the transmission of c!cctric power, for if they are complied with AEC may not transmit such power through an ove(head line. Looking at the face of the stat.
. ute, then, it would appear that section 271, by necessary implication, prech: des AEC from constructing and operating this overhead line.
, If the interpretation of section 271 set forth in the court of appeals decision became binding generally, major adverse conser;uences throughout the entire rar.ge and scope of all of the AEC's programs could result.
In the final analysis, all of the AEC's essential activitics, including those vital to the defense and security of the United States and the entire free world, involve the generation, sale, and transmission of electric power. If all of these activitics became subject to the control of local agencies of government, through the enforcement of local ordinances and regulations
- concerning generation, sale, or transmission of electric energy, an into ct-able burden would be placed upon the eficctive performance of the AEC's respvnsibilities under the Atomic Energy Act of 1954 In the passage of section 271 of this act the Congress did not intend to divest a Federal ascy (i. c., the Atomic Energy Commission) of its inherent powers to carry out its duties under the Constitution. It is ccually obvious that a single ager.cy with vital defense missions-the AEC-should not be subjected to loca! ,~
controls which are constitutional!y void with respect to other Federal agencies.
There remains, of course, the possibility of further judicial revie.v of the court of appeals' decision which the Government could pursue. The Gov-crnment can and probably will proceed to obtain such review. However,
- it is scarcely reasonable for Congress simply to learc to the courts the resohition of a problem involving solely the determination of the intentio t of Congress. It is a responsibility of Congress to assist the courts by spell-ing out that intention.
. The bi:1 recommended by the committee worp clarify the language of ,
section 271 so as to correct any such erroneous conclusion that Congress intended that AEC's activitics, as authorized by Congress, be limited by the ,
authority or regulations of local authoritics with respect to the generation, sale, or transmission of c!cctric power. It would accordingly reanirm the intent of Congress that AEC possess the same sovereign immunity, under the supremacy clause of article VI of the Constitution, that other Federal agencies possess. This is the major purpose of this bill.
This bill has nothing to do with regulatory control over radiation hazards pertaining to nuclear facilities licensed by AEC; this is covered by other provisions oit the Atoruic Energy Act of 1954 which are left unimpaired by 2780
-m . .
e I ATO3!!C ENERGY-ACENCY JURfSDICTION
- i this bill. Aforeover, consistent with the original intent of section 271, this s
v bill would have no effect with regard to AEC's authority to dispose of energy.
l B. Esect of bill on SLAC power!!nc disputo
, ~
The committee is, of course, aware that this bill would have an immediate impact on the specific controversy involving construction of a po ;ctline to service SLAC. The bill would make it c! car that Congress did noa in;cnd .
to strip AEC of the power it would normally possess, under the Atomic I Energy Act of 1934 and in accordance with the supremacy clause of article VI of the Constitution, to construct *nnd operate an overhead transmission line to service this facility. Accordingly, the AEC could condemn the nec-essary casements for an overhead ciectric power transmission line for this
{
- purpose, and could construct and maintain such powerline, either with its own forces or through contractual arrangements, notwithstanding any State
- or local laws or regulations to the contrary, including those of '_ac town of Woodside and the county of San Afalco at issue in the case before the court of appeals.
- In order that this subject be viewed in the proper perspective it is essen.
- tial to recount sorne of the history of the controversy over the SLAC pow-
- crline. This is not the first time that the committee has considered the sup-ply of electric power to the Stanford Accelerator. As early as July 1959, the conunittee considered the availability and source of the needed power in connection with the proposed authorization of the SLAC project. Again in A! arch and April 1960, the committee revicwed this subject in connection with authorizing design rnoney for the acec!crator. In 1961, another such
- comprehensive review was undertaken by the committee in the course of consideration of AEC's authorization lillt for fiscal year 1962,which provid-y ' cd the full authorization for the SLAC projcet. At each of these stages in the authoriration process, careful attention was devoted to the overall costs of the project , including electrical power costs.
! In January 1961, after difiictdtics arose between the AEC and the local communitics adjoining Stanford concerning construction of an overhead powerline to SLAC, the committee held a full day of hearings devoted sole.
ly to this subject.
Included among the witnesses were representatives of the
- town of Woodside and the county of San Afatco. In addition, members of the committee visited the Woodside area to study this subject 6rst hand.
Individual informal nicetings were also arranged by committee members to determine r.ossible compromise arrangements. The hearings before the Subcomir.ittee on Legislation, discussed earlier in the section of this report entit!cd "IIcarings" (p. 3), afforded still another opportunity for this matter to be aired.
It is c! car from the history of this controversy that the local residents have been given every opportunity to present their case to the exccutive branch and Congress concerning construction of the powerline.
The purpose of the bill recornmended by the committee is to remedy a prob-lem which extends far beyond the dispute over the SLAC powerline. The committee believes it would be desirable for this Icgislation to be enacted -
evenif there were no outstanding disagreement over this line, to avoid future erroneous interpretations of congressional intent underlying section 271.
However, it should be pointed out that the committee also unanimously 2781 O
M
^ * * ' ~
g
, , LEGISLATIVE IIISTORY '
s favors this bill because it will allow the AEC to proceed expeditiously with Its prescat plans to construct an overhead line to service SLAC. A brief
. explanation of the committee's views on this matter is as follows:1 s t 1 (a) The line in question is a high voltage (220 kilovolts) transmission j line. Unlike the case of lower voltage electric distribution lines which
! carry dectricity directly to homes, stores, and so forth, the experts have .
concluded that burial of high voltage transmission lines for so-called esthetic reasons is not warranted, because the cost for burying high-rolicyc t transmission lines is very much greater than the relatively low cost for burying low. voltage distribution lines.
- This point was brought out,recently by the Panel on Underground Instal-lation of Utilities of the White House Conference on Natural Beauty (aiay 24, 1%5). High-vohage transmission lires which have been buried are .
those used in densely populated urban areas. The White House Conference .
panelists on natural beauty were very careful to differentiate between
, under;;rou1d installation of relatively low voltage distribution systems and i high-voltage transmission lines. The Panel pointed out the very high cost
- of high-voltage underground transmission lines at present compared to the
, much lower costs for the lower voltage underground distribution lines. The cost, for example, for a 220,000. volt (planned for the SLAC facility) under.
- ground transmission line is 10 to 20 times as expensive per tnile as a typi-
! cal 12,000 volt underground distribution line. The estimated cost of such an underground high voltage transmission line is approximately $500,000
. per mile and the comparabic cost for an undcrground low-voltage di,tribu-I tion line is approximately $30,000. In other words the "Leautification dollar" would be much better spent on undergrounding the lower voltage ,
distribution lines. '
(6) The AEC has taken several unusual steps to improve the appearance, -
from an esthetic, standpoint, of the proposed overhead powerline. This is consistent with the recommendation of the above mentioned Panel c,n Und '
derground Installation of Utilitics. At an additional cost of several hundred l l thousand dollars, the AEC has agreed to utilize modern, relatively short, j
, esthetically designed, thin metal poles to carry a single transmission line, al-I though a double line suspended from ennventional 120 foot transmission .
towers would have been more advantageous from a project standpoint. -
, A total of 2,6 of these pole structures are involved in this controversy, three of which are within the town of Woodside. The AEC is willing to :.ccept the substantial added cost of these more attractive poic structures, although
. the net eficct is actually to provide less reliable service for SLAC. In addi-
, tion, the plans and specifications for this line call for clearing of land only at the pole structure sites themselves, and for access to the sites. There will
, be no clearing to the ground of the trees and underbrush beneath the over.
head wires although some tall trees that would interfere with the wire would have to be removed or trimmed. Accordingly, there will be no un-
- sightly swath of felled trees and underbrush such as is coa: mon for most overhead powerlines. The AEC has testified that stringing of wires wi t be accomplished by helicopters to avoid cutting of trees and other growth for stringing corridors. Trees to be cut have been carefully selected and their a Additional informatloa pertalatsg to thle subject wl!I tre found la app. I ans s of th!s report.
- 2782
ATOMIC ENERGY-AGENCY JURISDICTION gedhion4 with R\C. A brici number held to a minimum. The Commission has further testined
.,;;o every effort will be made to preterve the r.atural terrain of the area.
I .3) h.;igidssion (c) The estimated differenec in cost between a 300. megawatt, sing!c
'1., lines which circuit, overhead powcrline of the type AEC prc. poses ($1,032,000) a
+-
- [ experts :.sve
, Emegawan, sing!c. circuit, underground powerline of the type suggest
'by the local residents ($2,770,000) is $1,718,000. IIowever, to this amou t 7 for so. cal:ed
'$ must be added a minimum of $2,640,000, representing the estimated cost o
'i ng ;dg?..: ofug another unkrgrnand Une to supply sGdonal power csnmated to be neck gy low cost for ,
in the carIy 1970's. (If the proposed overher.d 200. megawatt line were con structed, it would not be neecssary to construct a second line.) The net ad
~MO*,*, ggg, ditional cost to the taxpayers of this country of going underground must
,rr.11;cacty (Alay therefore, be viewed as wc!! over $4 million. Aforcover, this amour.t doet
.L##" ..I'*#" . not take into account the costs associated with deisying com;detion of the 2cuse contericcc
, SLAC project. At this point, constructing the line underground could take renuate between h U M IS mh 1
' icn sysS ms and .
- h em% m mW Ha M ss power is available when the facility is completed its full use wil; not be
-" verv high cost possible.
'.com; bred to the
.. ion ;ines. The (d) No ader;uate reason has been provided to the committee, during a
. .'[iaci;hy) under.
- the hearings held on this subjcet, why the taxpayers of the United States
. . . should be askcd to shoulder this extra cost for the benefit of
".eh' ;;e st of assuch a typ;. dents, m view of the present appearance of the Woodside area from an esthetic standpoint.
ll st:0,000 By the count in February 1965, of an official agency of
.'.$.$uayttr,J distribu. the State of California, the state public utilities commission, tl:cre were 2,438 p wcrline and telephone polcs in Woodside.
e ate $eunnenion The town of Woodside i.e lower VAtage has informed the committee that 277 poles were crccted Octween 1956 when the town was incorporated, and 1964 According to evidence present.
ed to the committee by Stanford University,26 poles were crected in Wood-ethe n?pe m :C#'
The, is side between June 1f63, when the Pacific Gas & Electric Co. ap; died for
.wertyr land use permit for the SLAC powctline, and April 1964 Ercover, ac.
ed 1 m bn-
. cording to the AEC, five po!cs have been crected in Woodside since Starch 1961, the date of cnactment of the f,rst' ordinance prohibiting construction 4'#WI*"[m.
. relanvdy s~, ,
of overhead wires, and an additional 59 poles were crected within about 5
- (*
miles from the proposed overhcad line route. Stany of these po cs are un-sightly wooden structures which are much Icss pleasing in appearance thr.n oject standpo.n. ... .
the structures proposed by the AEC. The average hci;;ht of the pedes to
- ontroversy, cree be used for the AEC's proposed line is about 65 fec't. The hei;;'at of the
, wdhng to necep' poles currently located in the town of Woodside range between 35 and 70 ructures, ahhough feet.
SLAC. In ad;i.
. ring oi land only (c) Finally, as of the date of this report, there has been no firm offer shes. There will made by any party other than the AEC and the local c!cetrie utilhy to pa beneath the over. any part of the added cost of an underground .ine, ahhough the town of
.re wh'. the wire W dside has taken steps to contribute S150,010 toward this cost. Thus,
..e w!;; be no un. although the committee strongly urged almost a year and a half ago that com.r.on for ecs those who favored an underground line should offer to defray the extra cost
- g of v, ires win be for going underground, no compromise oITer by the proponents of an under-e:hcr grav.th fcr ground line has been made that approaches the total additional costs in-
' *CI**d-se:ceted and their The cornmittee is of the view, which is shared by the Departmcat of a a n i a:4 : etit.I* Justice and the AEC, that if enacted this bill will climinate the constraints imposed upon AEC as the result of the erroneous interpretation of the in.
2783
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LEGISLATIVE IIISTORY tent of Congress by the court of appeals. The court of appeals' decision i rested squarely upon the court's interpretation that it was the intent of Congress that section 271 be a limitation upon AEC's power to take the
- y i l
action in question. This bill would make it clear that section 271 was never .
[ intended to prevent AEC from constructing and maintaining an overhead j
. transmission line, notwithstanding the authority or regulations of the town i i of Woodside and the county of San Mateo, or other State and local bodies.
i, Accordingly, the AEC could c!carly proceed with this action.
i i
' SECTION-BY-SECTION ANALYSIS
' II.R. SSM contains a single scetion, which would amend section 271 of the i Atomic Energy Act of 1954, as amended, to read as follows:
i Sr.c. 271. Accxcv Jt assnicTies.-Nothing in this Act shall be construed to affect the authority or regulations of any i
- Federal, State, or local agency with respect to the generation, sale, e i or transmission of clectric power produced through the use of l
nuclear facilitics licensed by the Commission: Protidcd, That this j section shall not be deemed to confer upon any Fedena, State, or
- local agency any authority to regulate, control, or restrict any ac-
.j tivitics of the Commission.
As amended, section 271 would reaftrm a conclusion already implicit in i the Atomic Energy Act of 1954, as amended. Nothirg in that act adds to or detracts from any authority or regulations of any Federal, State, or local i agcucy with respect to the generation, sale, or transmission of electric
! powcr produccd through the use of nuclear facilities licensed by the nEC
, I under the Atomic Energy Act of 1951, as amended. The term nuclear facilitics" mean production facilities or utilization facilitics, as defined in
- the Atomic Energy Act of 1954, hs amended. Accordingly, persons licensed by the AEC an.1 producing c!cctric power through the use of such facilitics y j' are subject to AEC's control with respect to the common defense and secut-ity and protection of the health and safety of the public with respect to the
. spccial hazards associated with smelcar facilitics, and otherwise to any and all applicab!c Federal, State, and local regulations with respect to the gen-
,- eration, sale, or transmission of electric power.
l
. Section 271, as amended by this bill, does not in any way subject the j l AEC to the authority of any State, or local subdhision thereof. It in no 8 -
way serves as a limitation of the powers th-t AEC otherwise posstsses
. under the Atomic Energy Act of 1954, as amended, and the suptcmacy clause of article VI of the Constitution. The amendment of this section cffceted by this bill is ir. tended as a clarification of the meaning of section
- 271 as originally enacted. Accordingly, it does not represent a change in this law applicable only to future judicial proceedings, but is intended to
- spply cqually to any judicial proceedings currently in existence. The pro.
viso to section 271, as amended, reaf5rms that nothing i,n that section confers any authority on any Federal, State, or local agency to regulate, control, or restrict activities of the AEC.
- 2784-D
'N _
i constructed by C. U. I. nr.1 O. V. E. C. und the Incream in annual power costs estimated to result directly frorn the construction cost increasest
! mur.nte.1 h.
pt aI to er ortand esti. 'ylM,'y',
gor ,%,y mI 8"*'*
castc t;cistsu 20T...u............................~..........
- o. z. . . . . ................ ..........
S*A. tn1. tro
- n. m .
3sA*!s rm i.ww To tal . ....... . ... .... = . . . . sgOA eco 4,400,C(.o Payment for power win be based on ac:unt construction costs as determined by audit as soon as practitable after co:np;etion of construction. The Inal Joppa unit is scheduled to be con 2putcd Ir. Au;;ust 1055. Final OVEO unit is scheduled to be cornplcted in June 1050.
We trust this infor1 cation is sulT4c,ient for your requirement.
Sincerely yours, Lawls L. SrnAt ss, Chairman.
Hon. Jemoarz K. KcTxzxoan, MAY 19,1054.
Chairman, Federal Potect Commission. i Washington, D. C.
DEAR 3IA. CHAIRStANt In the eYcTat electrlCal energy Is prottuced by the Atomic Ener;:y Comndr+1on in atomic facilities pursuant to section 7 (d) of tt;e Atocsic Ener;:y Act of 104G, as amended, or any r,ther provision of that act, what juris.
diction. If any, would you consi'lcr the Federal Power Comczission to bare In this ficid?
I ask the same question with respect to cicctrical ener:y produced by electrical uittitles int (a) United States Governmcut. owned reactors. and in the event ,
the law is amended, (b) privately owned reactors, in which title to nuclear ma.
terials is retalacd by the Governauent.
Kindly specify what laws aliceting the Federni Power Comrnission, if any. '
are applicable, and the nature of the jurisdictional authority over cicettical
- power from atomic sources whether applying to rates, investications, etc. *
- In the event you consider the Federal Power Comtnission to have jurisdiction over e!cctrical ener;:y produced in ntutnic facilities in nur respect, would the CommisMan assert such jurisdiction without further direction from the Congrpse,
- If and when such c!cetrical power le pro.luced?
In view of the pcodency of Ic-islation preposing to atnend the Atomic Energy y Act. I would appreciate a prompt reply to this letter, Sincerely yours.
CacT Uor2rtr.ta, Memocr of Cor:gress.
. Frosnar. Powca Costmssro:r, Hon. C2 rr Ilottrrrr o, Washington, May 26, 1934 UnitcJ States House of Repreacntatives, Washington, D. C.
DEAR 312. llor.ttp1D: This will acknowled;;@ roccipt of your Iciter of Slay 13 making inquirles with respect to the jurisdiction of this Commission In relation atoreply the production procaptly. of cicetric energy from atornic source). "'e expect to submit Sincercly yourc, Jzaous K. Kurxuoar4 Chairman.
I e
2762
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~
~-~ --
- "
- Fror.uss. Powru Cometantos, WasMntiton, Hait g7, H34 Hon. Citer Ifourtr.t.n, Unitett States House of Representestives, Wudington, D. C.
Dr.AR )!R. Ilot.!rarra: This is in reply to your inquiry received afny 21 with .
respect to Federal Power Coinu ission jurisdiction where electric energy may be produced fr nn atomic sourret
(, In general the PFC now has jurisdiction under Parts It and III of the Federal Power Act (title 1G U. S. C. secs. Ula403r) to regulate transmission and sale
- at wholesale of electric ener,:y in interstate commerce by privately owned com.
pa nies. This jurisdiction does not depemi uten who produces the energy, or how. The FPC also regulates tho accountin:: of ecmpanies that own or operate any facilitics for such tratsuduion or sale, nnd rc;tulates certain transactions accetIr.g their capitalization, e. g., sale, lease, or cther disposition of property t merger or consMidation of facGiriest issuance of sceuritics; acquisillon of securitics of other such companics; declaration of dividends out of capital; and the holding of certain Interloekin: positions as directors or ory.cers. There are
. certala limited statutory cxen.ptions from FPC remdation of activitics of com-panies which arc subject to State comminxion or SI*C regulation.
The app;iesbllity of thesc general observations to companics producing c!cctric encr y from atomic .ources is the same as to other companics If they transmit or sell electric energy at wholesale in interstate commerec, re:.:ardless of whether the energy is produced from atonde or conventional sources, their rates and '
services in such salc1 or transmission would be subject to FPC jurisdiction.
Althou:h no certificate of contenience and necessity is required under parts II and III of the Federal Power Act for the construction or operation of any kind.
of facilitics, they wi!I have to obtain FPC approval to issue securities for
- financing construction of stumic facilitics in certain cases, the same as any other .
facilities, and to make any transfer of such facilitics after they have been con.
structed. They will also have to cornply with FPC regulation of their accounting for atomic facilitics. None of the regulatory jurisdiction of the FPC depends upon any further arsertion thereof by the Commission, or direction by Concress, but allcf it would apply by virtue of the present provisions of the Federal Power Act to electric energy produced from atomic tourecs whenever such energy is transmitted or mid at whoh sale in interstate commerce.
In additios to the foregoin; rc ulation, the FPC collects and compiles basic information covering all phases of the electric uthity industry from all puidle agenc cs and private compan:es, rc:ardless of whether they are otherwise subject ,
to its regulation. This inchades fulllaformation as to the operations, capabilitics,
- and ef".clencies of their faellitics. Atomic plants would be subject to the same
- rchotting requlr. ments unless exempted by a new statute. Such reporting would probably require FPC nmendment of cristin: re;)crt forms (which now relate only to conventional means of production), but no congressional action would be requ! red.
y The FPC has heretofore emphasized that new legislation shouhl not Interfere with the gather:n; of this information, or any other aspect of utility re;:ulation, insofar as interference can be avoided. (Under present circumstances it seems likely that sceurity needs are generally com;mtible with public duelosure of such information, and ir.dced such disclosure may be one of the mo*t important aids to ladustrywida derciopment and ut!!iration of the opportunitics which atomic production of c!cetric ener y ofier.) In addition to recommending avoidance of e .
Interference with rc ulation and gatherin: of information under the Federal Power.Act, the FPC has taken a similar position with respect to State commission regulation of cicetric utilitics. See the printed hearin;s of the joint committee (63d Cong.,1st sess., pp.11511G),
A further problera arises from the draftstaanship of scetions 103 nnd 11 (b) of the Cole.Elickenlooper bill (II. R. MCO,83d Con., pd ress.) which we pointed out in our April 'S,1D51, report to the Dureau of the Dudget. For section 103 pro.
Tides for licensin: by the AEC not only of " manufacture and " production but also of " transportation or receipt in interstate commerco * *
- or e,e of * *
- ntomic energy." Under the section 11 (b) definition of " atomic energy ** the -
AEC's licensing authority would cover all transmission, receipt, and use of electric ener:7 produced from atorule sourecs. Inasmuch as such c!cetrie energy would be transmitted widely throughout interconnected electric utility systems and be received and used by their customers over large areas, the AEC's licensing i
i j
l 2763
jurindletirn would overlap and might conSict with existing utility rceulation by 1,6th State commissions and the FPC. There sceras to be nn reason why this cannot be avoided by a slight chan::e in the wording of scetions 10:Pand 11 (b).
h*o ditiieulty is expected from the FPC's special licenxing jurisdicib n under part I of the Federal I'vwer Act over hydrocicetrie generatin.: tdants. That juriv diction represents one incthod of regulating the non Federal utilization and development of a great nath.nal cncrgy restinrce, where Federal permission is required becanso of previous statutory prohibitions'. It rnay thereft,re ise re-
^<D .
garded as offering a parallel to proposa!n currently under considerat;on with respect to atornic energy, as we have previously pointed out. Ilowever, for the purpose of replyin: to your prcrent inquiry we may rr.crely say that no conSict is foreseen between the proposals currently under consideration nnd the hydro-electric ileensing provisions of part I of the Federal Power Act.
Sincerely yours, Jznous K. Kurxctrort.r, Chairman.
4 Hou. Jrroun K. Kuvxnxasr.t., Juss; 0,17A.
Chairman, the Federal Power,Comm!nion, Washington 3, D. C.
3Ir Dran 3fa. CIratraterr: Thank you for your reply of 3 fay M to my inquiry
- with may be regard to Federal produced Powersources.
from atomic Cornminion jurisdiction where electric energy I arn particularly intere3ted in your last paragraph la which you refer to the Comunission's special jurisdiction over hydroelectric generatin: plants under part I of the* Federal Power Act. There you point out that such jurisdiction represents onc method of regulatin: the non.Fedcral utilization and developsuent of n great national energy resource. where Federal permission is required 'oe-caus. of previous statutory prohibitions.
,. I coucur heartily tu your statement that the Commissiou's licensin: jurledic- .
tlou over hydroelectric power developments offers n parallel to proposals cur-rently under consid* ration with respect to atomic coeri;y. It seems to Ine that this raises vital questions as to le stative steps which shoubt be tukon to pro.
tect the public intercot in power, along lines similar to the provisions of existing Federal puwer legislatlun before a final decision is made to turn over the new atoude energy power resou, rce to nou Federal derclopers.
As I read the Federal Power Act, it contains a wide range of provisioes de-signed to anure the people of the country the fullest use of thMr waterpower resources, at the lowest reasonable rates.
These provisions range from public preference and reepture rl: hts, on the one hand, to elimination of the value which a licensee may calm fo ratemaking or com;wnsation for post-liccuse recapture, on the other. .
Tbc present pru;nsals for amendin:t the Atomic 1:ner:ty Act, to the extent that they provide for the licensing of non. Federal arenc;es to construct, own, b and operate atomic-encr y powerplants. cualde the Atomic Enricry Conuniulon to establish conditions t afeguardine weurity und health, but appear tu overlook the great public interest in the pr. dominant purpose of tower dcsclopment.
I woubt, therefore, appreciate your further discuwinn of the possibdity of t)tingin.: the develop nent of nuclear power for comtnercial purposes within the four walls of existing Federal power policy, together with your suggestions as to the legislation necc.eary to accomplish this purpose.
In your re;dy, it would be helpful if you woald advise nie as to any char. *s in the provisions ut part I of the Federal Power Act and subscrtuent le;;islativa embodyin: the Federal Interest in development of the country's waterpower re-sources, which would be uccessary tu adapt them to tbo inclusion of the coun-try's atomic energy resource within the scupe of much le;;islation.
may I will haveal<oprepared appreciate receiving in the Instter.copics of any reports which your Commission In view of the fact that consideration of legislation'in this ficId is proceeding rapidly, a pro:npt reply will be tuost helpful.
Sincerely yours.
Cact IIotmrt.D.
Afember of Congreas.
I 9
b N64 i i
9
.,>_m - - - - - --- .x, 4
b s
Ub*1:t're E.Jul AN .\ Nat.Y.<gs l'un .r.g sa ng. [Jg.i:M Ul:ll Ar.r nr 7:st: Fri.>:n st. I'owa -
COMMian:oN ser *.ItE i'uovna.oNs or li. II. h562,63a Co.%ntss, Si;coNu Stass0N A 13!T.L To s.t.icud Lt.c Atouite 1:ocray Act of mig. as t. mended
, &dfon lfe.f. /ssucre.cc of tice. A f.-71.is ocction aut!.orixc3 llecosin;; of "m.a.nu-
.r.cta:re.
,Use s.f *;>.a.;nct;.,::
- utomictrans;.orta....ta (i.ers:y * * '." 'nr recel;it in 1:sts'rxi..tc ca.mruerce * *
- Or Ur. der the dr.".nition of "atoniic cncrgy"
.s tec.11 (b) auch ::ces. sir.;; suthority crevers ;:eneration of cicetric cr.crgy by
- a :.'LM!c ut.;ity fn m Sicain 7.rosluced I,y he.it from a hucicar reactor; also the ut;;ity'6 nhwr,ucnt trr.:ssluission of that clectric cacrgy on its ey.* tem; and also -
t
. na.itnwout.t ou . a.Wm that titt n...;ut tar..uage et.eu14 be exactly parattet ta that of sectlen 102, p. 52,
- i. not.
v -
2767 e 6
e 9
f
.v -
K au k
- . the rerript und u .* of that elect rie enorgy by lin e n tniners. e.f the utility, when. '
cyt r the ricrirse ener;:) insch ntoni in is Sinir othe r th:na lh:.! In ut.ich t!.e nur; cur reartnr j> Inent.,1. IOves if ths were roirerted an that the hrrusha nuthusity canfr.; with (f.e driirrry e.f nieanir re rrgy in the furns ref etenni, it.c folle.wIm: run.s. ent* nf s'onsinis Int.cr lhely ' atill errm 1.crtenent !
e "If the aplirier.: h in the pr..ldent Dow before ynn 3- tu he through the tr. thml of
.[ hranin Ilren en :entle.riring the pre =hietion of elect ric ener.:y f rntu titontic [= ewer it in en;tgrate.! Ihat le;;;4latinn Sterotbl pr. wide that the ennehtinser e.f Sin:h !!< s nses
.I Ih >honid amt I.c guverunt o.dely by etatal:.rds rel:. ting in th : u o of lissionuhic In;t.
terlata and t!.e protretinn of thn e in.cresth of natirmai defen o and recitrity
' which nr.? particularly as.mciatest with the develnpun nt of ntosnle terr for udlisary luirpn=rs.
"We I.clicsc. nw was 1,rovidcil for in tlas Issiennec eI liccases for hydrocicettic desciapatent under Ilie l'rderal i%wer .\rt. that pn visic.n >hnnId airo le suade in nny much le;:iMarit.n for the con-iderate.n of 1.rusto azul puh!ir intere-rs in the I.rndurtieur, t ramciduinn. nrni di tribution nr i.tll'z.. tion of eins trD power.
"If, on the 8.tlo r hand, it is d-cideii that the enn.iden. finn of onch interests sthoubl 1.o left in existin: niihty re:nlatory n.:encies n;.oratin:t no at present, any
- Irgi-;ntinn with rest.crt to the degr!<.pnwns of atmede twwer St. auld I.a sh ei::ned to facllitato unit av.t baraper Sucia rendatin.n. Tim ander 3. nth Federal and Stato statutes, cic<trie niditics are ree;nired in relart de tailed infor:aation and data ri;:arding I!.cir I;nasawr, facihties atul op ratinnw. 1lnder Serth.n !:lt of the Federal Power .\s t for exainp;e. this Unrnn;isi9n han the ter;nnsibility a::d
~
duty In >cciare informatinn ** * ' regarding the gener.ttinn, tran:-inirie n dia.
trilnation. neu! wa:e of clei;tric energy. hr.weser presdneed, throu::in.ut the United States and i > in-<cwinns. whether t.r not otherw.m: whirrt to the Jun diction nf the finmtui-don. includin:t the :eneration. trat.<tni- ion. di trihntion, and Sale of c!cetric rner;y by any n;:enry, authuruy. nr it.strun.cn:ality of the Us.ited States. or any Sinte or anunicipa!!!y or other p dif fral siihdivi> inn of a State.' *
"Under this and nther prov; inns of the act the Federni Power (*n:a:aission collects l'n.turial cneincerin2. r.ud operating information niul data rh!rh are used by the 1;nant;al enanmunity in rnarkering, amt in inic<!in in clectric utihty securitics by ll;c in.iu tried plannin.: devcinpmeatx ricpendent up.n power n.u;.p;y; aint by the l'is eral tiovernment for antional defense and ninny other puty.sn in nihlition in the treulath.es of i.tllity rates and Serv;rew.
"If ench information and data ate to bo of rent ut!!!!y for these purpmes they .
must incinde intnrn.ation with rr I cet to prodnetion of electric energ.s from atninic pnver snurre< rarrespondire: to that obtaineel with re-[n et to prodne tian froso c oal. =as, til!. nther fue:5. unit w aterp.ner. Therciose we feel that in any sneh Ir:18tattoa utuler which the ih schap;act t nr uti;iratu n of atunde p.ner is
' licen-ed it >hostd he u.a.le clear that th" on.calkd alumic rso rey licen ce3 wiurh nie engaged in the electric utility.operatians e r which ont p?y clartr.t' onergy fnr that purpnw > hat! an.t he exems.t fr.no re.:utation and seportin:t rc.pdrements innier utherwi c apphralde state an I i'ederal >tatutc*. Consideration Sla.n!.! ab.o 1.c given to ti c p.Whdity of rwdlicts w bich may usi c h tween the par-ent re-c.uircruents of such State an.11*rderal rstu!atory statutc< nnd t!.e accurity re.
quiretuent s whit h ruient 1.c linpn-ed in ti.e legi lation nuthori. ting the n e of niun.ic 1*nver. In'this regard we auter<t th: t the .\tomie Muercy Connaiuinn Should he asilhortird and thrccer i to w enk unt n:rth%14 nin! ;.romhn e for elimi-narin Sm h i nnipet 4 or .u i emp;.-hu.: the cuential t,hjettura of the State and 1*cdrial re nktory . ratutes in n inanner en:npatihte with the accompli *hinent of the derciv;.mont of the u e of atnede t awer."
It may be seriau ly doubted that pedicy la defined by provblin: ( p. p.*., lines 1~,-Ir.) that licenw4 shall ic lunsd tre licenseen (Nc. Shouhl be: "ap;;itants for licen c(*) "(!) w ?cw.* prepu,cd netivitics will bers e utne useful purp wo pro.
portionato to the r;.isnt.tles of specmi mater:al to be er.n umed." Tec tritical words "some tsefoi pariw c" a avnid rathcr than enut. cia:e a con:rcs-lot at de.
I tersuhuttion of tir.' p>iicy to I e folh)wed. In violation cf the prit.ciple that 'er;s-latis e law cr n..sy ne,t be de:cgatcd by Pet./rcss (FehreMer Corp. v. i/nf tr ' Btutes.
2fG U. S. iM fe."J ~. i?. ."".h . .55 the Court there Mid with re-;wt to the rodd of fair compt titica at.thotized by the .%ticaal Indu4 trial Recoscry .ht C.G U. S.
at p. 7.0) t s "* *
- we look to the statute to see whether Congrew hat oserstepped these litnitatio:s. whether Cou;;rca in auti.orizin;; ' codes of f.tir con. pet! tion
- has i ' Statcreent <f tion. Date I* Daty tr e i the Jotat committee, heartogs. Ern! 6cg.,1st aster of the sese.. rederst Juce Pamer M.1D*,3. Comc@o ttfore pp.11,-110.
2768
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~~
. ~
. ):Ectf hotah!! l.ed the Stnta! rds e.f legal obliensin:s. f t.U4 1..rforining i:.s 4 en.
tial Ic.:1 h.tiv.* fune: .. . ut. *.y !!.c f i;ure to ca. art >uch Stani arit<. l has s.t teto;4rd
' to s r.u.3fer t hat fe:ntt.on to ..there."
Tho hill lir.r:f ren. sums f n.t **m:..r n clid purpeew" l'. as n pras-th ..I neatter.
[ tus real . tan.laril, fi.r terti..n 1%'. whi. ;s pre rrito llo. d..tn in le fa. col. lo st to .
the coianabs.n no time it can. L.o deterinia.ol w heti.ci in l<=ue a lirve.se.
= dev4 not rr.luiav utsy infort.natio:t w! nterer us to the ul.pheant'a pitrpr. c.
( e. No stro 11. II. .W.: 14 et.tsrr:y i.cr.t s.ts ti.e innjur pdicy e;ur lion s f a 1.araint:
.j 4
=
. for the lirrn e priv4:rge. If per om are to be permitted to uw tho et.. r.:y rc.
>ource resu!!isi frosa the ('over;.r.:ent'.4 C3tenelituru of 1.iliinnu i,f s;o lars on atontic re*carch asal 1.codution. t.r.. they to leir an3 thin: for that privi;" c?
i
- In th.. le:18ta:!ve Id :ury of t!.e l'. C..ra Wa ter l'ower .\e t of l'4. s. the et. a-tion . .
of wheti cr to h.tio o annual char.:4 for tito ken c ;srivi;ere of u ing the water.
power of strc:.in< su'dect ;o t; e juri dicthm c.f the Freit r.d Us.vs rnracor was vi;:or..a ty de'..ated eoer n per;e,; of *. ver::1 years.* It can therefore n:ercely lac cald that ti.e proh'c:n is s. .t .*. ri ;e.41.n. of cuarre. s,n:d twdicy, now. ' Urnte i
a 1,!!! which icatc< t! it r,ncatin:. to ::.c .\;;C wit!.nat Exim: the ;"licy which
- tho Cotunni>>ian should apply, wo.1:d beeta to bc ::ravely de::cies t tuader the Scherht er va v. . .
J' riche 1 of specM nerferlote.-Not c:.ly dne.rIf. R. N'O fail to fix concre*-innal
- po iry as to chargin;: for the prat.icze e f win:: atonnie crer::y. b'it it al-o falls *
.. to fit congrWlo:.al ; ilicy a< ta the ;stices to I.o char;;ul herrores for their ato:nic fuel b;wch:1 naateri d41 ar..I the price the Govers.tnent will pay for their atotale ashes. For s.11 the bi: r.ow provide.*. the .\l;C saay pay santo for 11.o
, a*he:s that 1: churce= for.t;ev fad. If the Govern ncat i thus tu sub blire the ciectric utilit!ca and 0: hor per>6ns dete;<.;iin:: ate n le ener.:y by paying operating costs in aih:itir.n to ;:ivin theat the I; cense prittle.:e without char;:c. it wottid scent !!:31 Congre>< should fit tha: W! icy-not attesupt to 3.an the tr9maihility to the AIT. tho neview lb.ard :he court =. nr anyone cue.*
' 1htt ecction. fel nuti.or.tc.4 t!.c .\;N to Ni t r. hate special inalertal * *
- for use -
pur:::: ant to r. !!ccuse * *
- and char;:0 a f..ir price." " Fair price" i nowhere
- de:;ne.1 or its incriadn itulicate.1 in the I.!il, l'urthern.ure, therc it to.t and prel.at.:y nuv. r wit! ho a fres- na trket to provide a staintar.1 of w hat a " fair prire" wonid he, and II. IL SW provh:s 4 no con resional deter:nination, or ;:ulde fur Coans.:sion .;cwr:a;i.ation of I.ow inuch of tl.c billion
- Spent or to I.e opent 1 y the Govern:uent sha;l Ic d cc2.d to bo (4t of producim.: the >pecial anatcrials sun; vied to licea ces. In the uh-ci.re of su< h a ::u;de.' tl.cac is litt:c, if any.
thing,in the !c al:y c<tal li<hed te:.cepts of n:ility rc;:atathn. that can ho deevied to provide sac idn:: for fl.c tc.ra "f.ur priee" and settion 107 de n't tw:p.
- The pan:o h< true of the I rov; icn4 of section .72 of IL R. SC2 for .\1:t: Pa y.
tuent of ju t e.m. pen itica f or at,m;e phes:"Any leimn * *
- w ho 'awfutty.
Produce < any #;ve!al tunter;al incisient to pr!valcly 26uanced activitio shall le Pabl Just com;cusatica II.erefor."
l'ricida of f.y;.rn.fuct ciaryy.-Ti e providons of .=cction 101 aitthori::iu: tbn Al:0 to se:I b:gri,.lu.:t c:.ergy "at reaenable and i.uneli-cri:ninatory prices." e prearnt .*anilar +;arction> allhench t!.e travision neain-t diferlatinati..n le :: nod as far as it ;:. e*.
(!nchh'ntally the stucztben arisen why that standar I was o:nitted in aut..oti?.'n.: !%uance vi liC0nFe3 aud pricin;; of bpccial materials in ttees. 74 11. ar.d Mi ) !
The salo of h 3pro ; net p..w cr !$ - net a .d w prohl so. One Con;:ros after ant,ther in au:;nirir!n: Fe deral deveh.pn.cnt of irri:ation water constrvatina, nn:,d c.mtrol, a:al taviaat;on ing resement pre.'ceta. I.o provhicil t'etal:cd t;:al exphti: st a t.d.t rd 4 assi- ;im;ta:.oaa ;*es cenit.;: the diag n-it;on of s. urb cicctric power. Dei.: ;n with the 1:edani:.tb.:. .ht of IM ' C..neten has denn<d Ilic Wiley to be f.~.e.wed in ti.o sa;+ of hyprcJuet c!Octric pour with re ;*ct to much : natter.3 a3 duzatien of ect. tracts of #3;e ' allocatlun of project co-ts to 8.%. Kerw;
- f.l. r*cs : u te 's.a.. .O. r<rl'<ncr.cJiu hts! Wster P..wr f e.:b:c.t tsw ((.!ca;o.1Xr.). I p t i t-01G ; h<r!. .No.
n' v. : <t per s. p. 4.
- t as.belb < ra ta '.,+ t etM:te4 c.**:4. rt.tk r.,si,!. e. r: t;* bear:a.n =1.oW c: cachb,e s :;een to the en.ee ne r.d iian
- e. er78P ne de Ym:c .r.:1.inte e..I Wr.tere.( ;i'.,t.. r actfi.r s ;
IN:o ca:tt.. ed nel t rmte.NJte r.i to s as camere tl a 1.y prov K.n r for Pscar..t re.:. cama <.f ti.e ratte ct.ar:c: la au sa;rs cf 1:.e c;.t.m.it
- t. a siruar enarn.< en:l"a.1 V:.tt! 8;;+ ta;I!= f.' t r#c;rr recaurs it, s t.ere st e Na'** da t.ot rcruhta :t ric.
arit un%; t air (e (*cc 1**. 00 FeDral povrer Act) ; (2) ty t-rss ub'1: l'or ettrerr.stleri er or reasture : emes 3 raf.te ss<cs.10 te).10 td). 3 (13#,14. c.:d ;:u cf i:.e reJeral P&m rr .h t 1.
- t Sta t. I t 7.
- I:. g Pait !!!Ter Act cf 1MO. 4:
43 Stat.1WG; TVA ACt of 1233. 4ai Stat. I,s.S:st. $C pcuhler Cacres Pro;ect Act et 1023.
e 4
s 2769
.- - .- - . - . - . .-- - ~
. s w.s e. .mw a...... . . . . . . . . . . - . . ....
retirrt r.cp.irnin ro:.In allocabh! tre 1.ower phase nf multipis-purps.".o prrderta na
. n haslu fur pricio:: t].e puwer;' pricing electr;c power to re.v. r nperat;r.;;
char; M nrut capit.tl investmcut cl:t ralle to c!cetrie 1.uwer t* p eference to rnu.
n!ci;.at nul e,the:' pub!Ic hoeiica Jr. rnhe of c:Icetric f.eswer;" and one..nra;;rinent of divers.likd us.d wide:ibreni! u:e r,f eb etric feer." In recent years Ce,r crcros .$
has ;:ose so far ros te, p uhject tha rt.te-s propo>ct! by Ll.a taarketh.;; n;;st.cy to tl.e '
review of tha Federal l'n.rcr Cn:nt:da.Inc."
-V Correspar. din : councir.tlon of po: icy in the rate of hyprodi:rt power from Covernn.ent ati.mic energy inval:alir.ns may pr.tsent some r.cw or dier..nt pro dems, but tl.c preerdents cited are sul!icient to sur:; cst that Con;; ten lias been jealou8 to (nunciale the laticy to be effectuated by the c::ency r:ntheting the power and has not becu willin,: to Icare the responsthility for glicy to the n::crecy.
1.nch of aton.Inc.is to perik o!!.cr Cornminion netir n.-The fallure cf 11.11.
a 6542 to hx the policy in be ft. br. sed by the AEC. nna tl.e conser;uent dan:cr of invalidity under the Schechte? case. are not cim$ned to the provi:!nns n: ready discuwd. but estemt to nur.:erm:s prothions not bo directly re!akd to the subject of (;cctric utilitics. The fal;nwin: examWes may he noted:
Section M f p.1*.. linea 3 .) :.d:borire.s thu AMC to charge " fair prices" for research nod deve:opment net;vities performed for others, with no g;; dance
- fin:a Cnn: roes as to how to a:cterm:no such " fair price."
Section .;2 (b) (p.10. lines rd; cf. Ihc 20) authorizes the AEC "to make, or to continue in c;*cet, contrar.ts' for the production of rpecial materials--
with no guide as ter duration dollars. and all other terms and conditions, in.
cluding owr: erst.ip v.f patents on any inventions or discoveries. (See Patonts and Inventions.l.clow.)
The snrue section (p. ::o. Ilncs S-10) leaves the quantities of specI21 mr.terials to be producad to be decideri by the l' resident without any ::uidantc or determi.
nation by Con: rest of the policy be is to cfTectuate or the standards to guide his i:cchinn.
Section ~ri (p. 23. lines 6-101 authorizes the ACC to se:1 or ;:tve away "special Innterial:." for recearch or med; cal therapy. without fixin;; pMicy as to when they shall bo ::iven nwn.v. wl.cn ><!d or how nny char:e shall be determined upon or even that the distribution shall be nondircrim!natory.
Section .~.s (p. ll1. line:s 7. et .W) anthorires the AUC "to purc!me or other-wise scrptire** special materint from nhrend or facilitics for productb.n of special materill, with no limit on price or standards to guhle the Commissica na to what the nat;enni polley is.
Section C~e (p. : 7) confers even broarter powers with respect to name materials and depo >its thereof. with no n: ore de:hdtion of pahey or ;:uhlo to decision.
Secto.n 71 (p. D. linea 1:1-lM authorizca licensin:: of use of b.vproduct ma-terials "with or without chars:c' Imt provbles no policy nnd no I,tardard as to when there shall be f.n charec and when n charee shall be innde. or bow inurh v of a char:e. or twen that char.:rs ehall noc be discrinsinatory, except as n pro-vision is made for p cittence of rettain uscs.
Section 16~, (;t M. lines 0-12) authorizes the ACC to deny a licence fnr re-
- scarch an.1 deve opment "for ::ood reawm" without stating what would con-stitute "gr.od reawn" and what wouhl nnt.
Section IM (pp. .".0-37) nuthorim licensin:: requirements for oper: tors of atomic f.icilitics with no stamlasdd to gotern the AEC. no fixing of policy. no prohibition cren of di+crimination.
llficci of rerocat.on of liccnse oa clectric niilit;s servics'.-Sectinn 1SG Ip. C1) gives the AMC brnad power ta penalb e violations by revokin;: litenus. Where -
atonde ener:314 relied upon to carry utility Innds it rhauld be reen:nited that such n renalty inny hurt the public mnre thnts the licensea, utdaw provi* ion is mado for continuar.cc of the su; ply of atomie energy until alternate sources of pnwer supply can be built or acquired.
l'irredts vrol inres.tions.-Ch .pter 1 & of II. R. hSd2 npens the dont to private ownership of pntents coverin;: 1.aprovements in the u:litzation of ntornie ener.:y
- t!. e, Dannnilta Act of IV.7. 5n $*ar. 733.
e'n. c..'rn Act ,.t in.u. 4 9 Stat. ss :P. ulder Curca pre.'ect Act of 1b':5. 43 stat. 200; nceimat:en Act of 1933 G3 stat.115. .
' Ucc!srn.sttaa Act cf 10M. ".1 Stat.117 t luker Ac: c' 1013. .% Stat. 241: St.it Etter
. Act r* 192% 40 Mat dit : Dar:O= Ct.:.w. Precct Act a f !! 0s. M ".ta t. 2 A0.
" E. g.
48 Stat. hs::;cc massa
- M.na vn:eAet ActofcfItM 31 .0 1t07. >4t.
St!!?
st. Teaneme Vr.tley 7d: l' art 6'cci ActMittartav er Itc. T4Act
.m;of4r.a.
1933.
u D. c.. Uor ne die Act of 1937. 50 Stat. 733; Fort Peck Act et 1933. ?: Stat. %3: Mood 4 ontrol Act of 1D'34.
1
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9 Win
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i W
s Aut:xo Aro.mc >:xt:itar Acr or s uic 1133 by b! viric uti!!!ir:s or as n nuhstitute for electric titility r.n.rvieex. There is no pror!>;un for cons;su:3..ry licen>ing of 3.rsynicly ownr.1 pntent ri::his. Tluis.the preu:.t 131 ::.h:ht nih w privute mvnership uf patrnt rh:ht1 on Mads ini;.trevements '
to t;and ha tieg way of sui.atuntially redlH*ing riertric uti;itie:e* proilnrtiten im:n. .
nn :n:. as the patents reinain in eff..ct. Ain!*it in tu l e t ernr. In mind that the .
swt of ;.soducing energy by nenmic praemcw loday is hi.:hcr than by conven.
Lionu.; r.eshr I*. II..nre the hope sh t iho Governene nt*w execilitures on n e,anic ca..r;;y wuah! bring 4.hout n Fui stantial reduction in ti.c Nation's power hill may by t;t;x bi : 1.c deferrrd for :113 ears-the life of the initial patents neul their re.
Lewa!. T.is wil l e true whether the patent owners withhold the patent's from use or licen*. their use at ti.e I,est rnynltics obtalnnble.
.\ relateil cia >t!u:i anny he note.1 v.ith respert to the failure of II. ft. F,2 to ; ruthie for G.svern:nent ownership of all patents on inventin.ts nnel elisenver.
!ra 1:2..de I.y others workin;; ut.iler contract at Govertrinent expense or as a te.
sult v! nach work.
P.,nve an;+1er rantrerets.-Sectlan 1GI N autharires ll5e A1;C in enter into new contracts for the sin;>r.:y of cIcctric powcr to that Onk Ittd:c,14dnenh aint l' orts.
- r. <, nth instnilations of the Unentninion, or in menlify or confirm existing cen.
- ' t r:.rix. !!ere n;:atu the grant of tower h without hwy definitinn af enrcrnine staint rds. any poi.cy ;:uide, nr any litoltatien of an.y kind. Apparently tbli taay ratify or nuthorite ratif; ration of ati-ting contracts. The Federal Power Co:n:nlaulon has r.ht lint!cated any position as to the terms of the contracts heret.. fare entered 1r.t0.
' Druge n.n ndip.-We have not undertnken a critical co:nideration of the drafts:aan=hi; of t:.c 1411. Certain question's of that nature have been noted. .
hawn er.
P:;o 00: Is See, d3 " Issuance of Lleentes" meant to app;y only to the ilcensen referre.1 to 12. Sce. CO. or also to those referred to in Sces. G3,71,101-103,103, and W?
Pa;e 0. Ir.c OS: C? nco "shall b.2" to "must bo".
P;;c 2. !i::o C : C:' ;r.;c ";o" to "of".
P.t.:a 0. itt.e 5: "*c:ers;nte damt.:e" Is an ambiguous tctm.
P. ;0 di c c ,0,;pec 11: Add "musicipel corporation in addition to "po!!tical ub.
Pa;;c 3,:!sa M: C1 r.np at.nd" toac !. .
P ;c 30. :::ce C-4: P;;rasco:o;;y ; eaves !! unc; car whether "Is interstate ecm. -
~ :Orce"js ir.tca.ded to ::cd!fy (1) **proJcc: on". And (2) "transportr. tion". c3 weil
. cs " receipt". Shou;d not this wording correspo:.d exac:iy to p. 02, lines ::1-::27 ,
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., l. e-y des to.* nI5 rt th+
..ri In .ur sitnh.r:t al c!(e.td.
. :.<. ; rr nt . or * *. :.
. s ia h e Hr.!vr 1:? . l^ttll.i r. '
' qy at:n< ini nt e.n ier IN c. of
.ct,t; inst to!.! duj.! t. .! ley t!n.
' ther t reill::: 11:.* Ceefstlul **I"It
- I Isel.artio. rbt (n th!* inat er. )
- : *, %e qu.c t!..r.,e en:i:.she41 o:s !
t to I.oth tl.e lere;m*id Sidia.e 4, t
the7Co:n:..l--l ef theJu'.iie Hr.!*r of
.n*n eurci.e 110w *
- . e 1.irc i .1:n: . h.. wet. r. we
- 4 Wi!.llife Sm;.4 trent:p
.m ar.t us .1 v1.;.co;. !att State .
Mine D's i. . 3.ns . vil:st. I Water lie ,ons.v* Itaar l r*.:n-us. I tout. es blen.e o: t!wrn.al j
.e-te t rent: . ht und le.!!utlon re gu'ali.ry tenir;t:a 14 t. I ta- .
.an tis c p. ate rt.:t* rn.1 11.e con-is na pl.le'imli.ca for 4: l uu r r ory ,t off v on tvt a en. ..;.. o.
%ti n!!it of r.nl M ai.01 le.dib y Ila Oc:mr!<.. 3% A.h i< ry sas.dtter et qua!!MI . irn T-re 1...!.!I.. le-alitc: 1:e t he vivird'y
.artie lt olio.. 14 0 %re!. .l.
- safe:y hnd li.rn.;r : 1. Tl".1 .: r .
tit:e. I' e I.ur.1 iwx4 a d. 'l.
l.y f'.'.i .t il4 1 t.. r/. Sin ila r -
) a. . for on ol- rettitr:: II- .
e!.1 % ,r ilu. ng ratine ti vr: o
- s t ti r fael!!!) In u -Grc t h;.t
.u'4 : # ::i?. t!.e.< n n. I , in. : . t . II."dPf!"
Tant wissi I8 Cor* IJiy t'"I.y I'. *"M-I wn.te n< th lii. < :ie. !n uwe.1 s 1I"n. J^M '18 P.1I'"N.
s onr 1-tt..t p. Wu b..m at.q?e Il'*I? II*T!'5 C'an:mh lou, l'e u1.af..s.r curr. 1 h e c. tion W"'"I Wasfein;fonC"".'WI IM I * #
istio: nf stel.< la t he 112 :: h.:: Ibn alt:. Ilineurx: Yots have a bil for t.: r el re!..:n d n= to e heth*r tle Atarnly lo..hise, ifran Dc of 1%v.vr i * . 1:ner;:y Comh:lo!a*. ha< nuthorit'y utuler the .\to:. ale 1.er y A-t e.f IN.!. t!r.
h te t o t hra ciel a ('ert e. I ca n l'a<leral Wet..r l'. ;1ution C..nt rol .\et. nr ih.vutiu- 0 dcr IIN I.. !:alo a re4lr:e -
miniou li b the trgulatory tione rez.trdine m ca*.1".1 therwil le d'n:lan can-ed by diel irp** fr..:n e, <!e r t f.*ev f . Iwva er litar.t < lb a u ml I.y tim C..:nm!<4cn.' Y..u I:nve <+helu := d that the Cn:ma;--
- nel: e. n ao;.y of your leiter
- sinn dae.< imt Ita ve -u. li uu: hor!!.v. We ent: cur lu yutr cor..ci1-leu, en's Pu'..lic IWani ht 1:.v.ta. . TI:e torht "the rsaal tellution" 15 u c.1 ta refer tr. the .v!ver-c e^lc. ! u;un a f eely
! of weiter af thinu< In ti teierati.re < nu<4 <l 1 y dNhar,:e inta it ..f hyt. .I u.!!er.
r.u 7. Srm::4. C1.ctrien. ' Jn cen tal*n ini!Ntial in.ta!!ati. L . I!:c* tt4!r. els t ric reneratlre 16 :.. s .it fr I-uml for <<.n:Ir: 1 ur;vnc4. Tine wate-r is e. rwrally 1-n:N 4 fro:in t. h.\.. or tiura
-eltted; on fde with it:- .Tn! :t . . and returne.t un b n;0d, ev el.: that it 1::ay l e a f. .v vi. 4:te< waen c:. 11 :.
warmor water tay have advere d*rvt< on tha stro m b.v roin-!r: 1: m ye. a content or nl:t the !ts ocMr ey. See W"!rr P"'NNv-- JTG (l' err * /). II-ar;r
?+n initic+ of the F-:inte Pahlic Wori < Cema itta? Inth C. :re.1.
1.cfore F.co. .lc.1.n r.Fu.t. Ito!;i tinelear fadri at:J fon!! fur:el tower 1.Hnt< try reno thernal 1.Aluthm ! ut tlwre 14 rea-vu to I clieve that the 1.r..!.*cm 1* u...re crl .::-
with re wet in ut:eic1r fudtJ 1.'ahrs.
thectitive Order 11T 4 of July 0.' 30% 01 P.lt fet. svaa luuc.I la fur:I:oran.e I of the l'urlwe trA liolicy r.f the Feelarn! Water 1%11ntimi Co:.*rol Acte n<
amended. 33 C.SA G ci sert. Seet:On 7 of ahe or !vr tirev! des :
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MM's 250
- s a s *f t a h.a.1 of eni h it. p e tiracitt. age:.. y, an.1. ta!41 h:<t ::: wh..!! ren.ht t a revies ..f sl:e 1.c.i.. :: rat.t. : :i! ei.tr.n t prar:te. < of 1:14 er. rat:ltati..r: Ia driern!!:to ll.c Mtes.t . w sfrh v.ater p41ntl.1 in.*n. 3::::..!at.1, th:. !ar to t h--o t o t fort h in th!* r.!rr for s!!rwt l'c lvral e.per..tio: . !o.nhl 1.e : .11.ac.i to I.y lorrow er .
' ytantie<. or centractera witti re-p s t t. ths:r operation < li. ti." f*t ite I .< tats .
- l ho 1:e.nl . f rarh sie;ctr:sai nt, nuesa y, an l e.:ab;l httwnt 4 t'l re'.b a all on h si tlrit! - f r wh! h th. te 14 a >tenhire nt p t. t.fi.il for re.11.-t!..n ..f u nter p .lln-
' tie n atA d-re!..:. :.:.pr .;.tlate re.v:nte.en la'he. for :ve. :1;II ..h.:* t % r. .lu tlor..
j Itt i o. .h:. tl:n thi< res ley ; taven try to.1 n!. al 8.> l t .: . .. !.o :M ! r ,ticht fr ..a th .L. re:ary e.f s*t. Int. rb. aint Ihe t...a.14..f ..thar ::I prel r:a e Te'eral ag .-!"-
! A re;rert .ci tb t--q!:< of I ; revirw wh..!! !.e wi:1.:nt:a 1 to the 18!re sus <f t he
- llure :i; . .* ti~ Itn 2f. I 1.y .in'y 1. IfG *.
. il. Ti.e la.:.I- ..f ele; et:n e::t<. aucte lo , at:.1 c-tu!.li h:aet: 4 nre in ecira::rei tu tw-eru e ree: iia:!: n- (ov eri:. t 1. al., ::r.?:.t. or ce:::r.:<t practi. ., elv4t'e<l to reetti c w a:. r 1 4:i:t!..tr.'
It h.t< l..en vre.:c<e.1 that 16r.-na: t to abl< prort !nn of t!r ewntivr..nier tl o At..c.fr 1:ner.:y t'eteril- l..:. -!v.nt l rminire I A!r.tr "wer P! rt t e o.:Ser:a to -
i the wat. r to hition >tatalt rd< pn.>cribe.1 i.y re. tii n I nf t!... s.rth r for f. th ral in<t:tila:las:=. *1!ce t:!ndan!> st:rin% th.; e ta!4hl: tim:.t #1 prow Im s :n prevet.t thern:.t! ; .4h::b :. I:. I t.112+.14 ibi. It ha le en out.re-;. .! Int ih i n-c< l..u .I pur>uatu t.: the Ato:n:e I .ergy Art are u n?r.a is will.in the .t.ut .!n: of sodio:t 7 anel th::t. c.lterwitiv.!y. tha in.ler.inity con:tarte etites..I it.tre by th" t '. ? ' tai-- i..a with its lio t. er< uruler t he 1. rice.An ter".a Ar.t.12 l'.S.C. **.!10. a re tunir v.t -
e.uW t te av.15.ft 7. .
8wel .n 7 of hocutive Dr.ler ll:M .5 e- not in terta- d:ract e.s h f.11 r.il n
or ietivy contrne: toorelin;",-e water infli:ti.in c ontr..! vatahiril< n a!! l- rroverr>. ;rra:.tev
>:e n'd le a.lN red t.. ~ lt 14 es hb ot tiert .. tion 7 i< te t It tsta !ral a en it.b--
cr-ta i-*
I.cin!cne
- ar e . f cert:. y anth..rity, but ra!!.. r a d!!ve:b a to tlw g
to can 4?."r r<i.M *n 1. tmtle rity a< t h y nuay letvo for it - ; nt;o o of r . qlrie or e t!o rw: *. ob:ai::im: n lb. ten.e to sn-h >te!..l.iril. T1.. rd. re. f. f .re w im d ron !.b r fi.rth r u b:.: wr etion 7 re.tytre of t he t hr.ini. b t. wp h re-p.. t to it< .
lleen ees . t..u.: .!ctet ,!na u b:tt nulle r!ty ll.e C..tural. -!at. ha < t?I n 1+ e wa'er P.!;u !": tatula .1- n;ca t!wea.
'Ibe Ata:ci !!ner;y Act of 10.~.I. ns nect inted. 42 l'.v.f'. W 11 *.51. ::r:'t.t-at: ip rity to the At.. nie 1:u rey 8 %n.rd--b. to fle. ::>e ta rle .:- e. t h p b - I:.t..!c in:t! -- -bh t e. ::tol t rin fer of p"rlat nu+ar 1. :t. :i.:1.I.e.. materitl a v.h'c4 of r."1 s .:n.: C. tar.i hl .;' tat: tis ts of v t. ..i a thi- terty. 42 l*.8.t'. ::oti. a u. ;t a 9:1.orit y i t:- t % :ayi 4..i F.iurre :..! l y;.r..dui t te.:terial, pur u.u.e t..
I!n n e I ;h a t !y."wn'd ut! h y n.mp:in;. . n .. ; cht tat"*e.:r 1."i'. r?l in t ha geher.:t t .*1 ..f elvet ri 1.w er. Fu ti a uti!!rtti..u fuellu y. In-.~t' ord. r ... . t r. !. . j
' unt. : atel tt i frott t!e* t h ntol .-ion a emt: n e r.h! li an e n!. dor 'n ItG of t *
- g
, As t.12 !*.<.t'. "1:rt. ..r if fl.e pra li. al uit e f t!." fa"Ifi:y ha< t '. t . n .4:n e.
d -e. t len to14 b t. p' l'.8.C. 21::;i b s . In i i:h. r .o et.t. I.rbir -
l .l. o
- ttletr t!it".c i ..n.t
. aras tin t!..n of the c;liifation f:.. i!!ty Ihe I! . !: a a:. J! :t n- rn t
- e undar oh! tite a n eo i t u. tlon porntit in..b r >"e t ian l <. 10 l'.".<.t'. ."I;.~.
Tb
- At"Mb' 1:ter .y thi.miaint ha < Ith-n t!.a I witi~n Il a . - reen at..sy I
- . ns.d lio u-In ,itati+1h t;ou le lim.t. d eue a!.t ty to nette. of rA
- t J...a-al h . l:S
~
ton! >;:fety v.nd tha e":m ten d"f-n a stnl m crity. IM :!tci: o:. . f thr A. :~.! I..44 p.
us to tha water ter. h: :< n. I n ection :N e of t he A. I. t*. n ar. -* est fitidin:: that recidati n 1.r the l'n't.*! r :a:e ..f th" br.~hir:b.it ord n:i:Ir it:.ee i
e ry of uto:::ie c:a rer and ..f the facililles u M in tunt:eetf.. i :: . r wili 3 . ~r-in the retio!:n! n. tere-t ta o ><n e the "!nmou 14. n-- cwl > vur:ty ec I t.. :.r. t -1 Th<*.: oh e rh. rht. . ... .n. .n d 1. . .
the 1.>wudt.c unit canth atal Saftty of tha .ic.1 vafr ty of-1.
pahlia.":al t!.....rh pn.lin41. . ' r.t yya r 1.5 .n%-a. t * !iir t
. r.< .
i all tho a; era:i. e act!. n< of tho Ai r deali .: w*th Ib Mr.; at1.M'. Mt .ankt .i.D h n.
ut. b i.
8 tit.r a .~. : . b i . I'.m b i . G. M. 16%1). Inlid). 12
- Dr..>. "111. " lit 4 d e. 0;; l e d e. Fien!:i a*.tly. G tian 1 0. 22 l'.R8 *. ";*J2. d. ::c ,
wl:h lir. :. a e t ! !' cat '. t<.1.%.vi.les :
l "In s.e : uth n w:.h ::1.pl;vetio:s for lim. ei ta 6:'erate icod" *! n4 ** or :t!;"..t.
lion fce'li:i ... t:to tm.J:-nnt -hol! *:1ta su h t. '*n:byl : hi.r:S4:';:! :
- Fu h ti:' r !:.'..r:n tie n 0 tha C entn!- !.n: . cy, l.v rub. . .
L u i .. - :.-
et n:are.. tr;c in i.r.le/ in etu:IJo it t. find t! an. the n*1:!e:. on .. !.:odi:
. ;! .n ./ -a nue:e.1r taattrbt v pi 13 in s.tre rd wi:b th e. n:n en defer. - .:.! -. 9; : *.i will Frer! D edri tat ? ;.r.: ect on :o it:e h, ahh :u..I o.f. :y of : . . paf." *,.oN s
.- T; c re l< r. *tr..ne imp!! cation la ib l-n::u.se ' ..( w : .n1W.;4 . S where in tb Ac*. th it in 1* nh;: lie. nm h- IN .. .' .On I r.r n. - Ps. .. . . nt:nr
\~' -- . . -
e
I
,,. . p .
251
- #'"1 ' t it.ll.. lure nt sh.i!; ensal:t : a i m conhaMa to hetm relatim M t!ie cea defense stat scetirity an
- "f3:4 <.rwiiniinr: to i!rb rn:In, protcetton of t! e p :1.;!c 1.t.alth ar..I tiftty.' l'urther::. orc. It is rer.ac,r.sl.le t
- . t. ,limi er f.e II.+e r.rt farth
- n
- he sul t.1,y 14rrnu e re. I conclut:e Ll:.st the healtis and :af(ty fa.;ters s.!alch shou J concern the Con:tal.u!o -
I ""hi..t.< in tir (*s.;te.1 8a.itt . are those l'ecu!i:.r to the oferr.t!an of r.ue: car fr.cilitis.
It is co:triatt.nt with tlse renu.:1 sttreture of the Act, and partie:ilerly it
",;blo:.cnt t ,1: d1 roview esti et p IIC'"UCA PIOYI'Icit.t. to limit ti:e Cer:n:iulo:t to cot:!.!dtratic.n of thfon.4 a::
- . .'$lat for t.-ibe. t bm ..f n ot-r lullti- radlofegical s'afety fac crs. A l!.: cure la taercly a terrnit to let:11tl sa:1 opcrate i .inpli.!.h e tt-li rml. "t i..t!. facility u
." rI.l.t),n. e ,l...tc.I 1.c *"mt!.t floa, "#I' pin;t m' r.d*r.tr powe R nehr r. It any erMes is riot a certifcate nelu'. ire r!J1.ta in ofthe public conte
!!ce:n.ce !!cnee r:or 1:aulats. at.
t!wr npprog rlato l'c 'tr.*3 aN se ie' II IIC*US'N f ro:n a ny oil.er fo .1 of Yet!eral. $1 tie. or Iccal re;.:ulatf or.' rppli;.b:
I'e Put init t. I t.. the lif re. t-.r of tin- tre the oNr:ition.' T.':l* Inin; D. we would boitate, eve: If this were a saatte M f M linplon. to cmm the Act to suth?rize the Co:an.iehu to al.;s:
^- I c tal.li hint t t 6 zire it <ntirauc l Iketish staWrry which wou!d in:p;otaent IVie!ca other thin thoa ret fort
- or ca.ntra t pr. . tle efe-W.nl to in the Act ar.d wlisch ta!;;ht !!.vo!re conf!! cts with or duplication of the retx sibilities of c.ther governme:.tal acencies.
. .r.*vi.is.n of 11:" executive r.rd. r t!.c The Co:ntr.lalon lias scaturalnej la its re.:ulatio::A an.! In It.1 ad.iuG cat!or.
- ne lcar power bi ttit< t *
- nnfor:n t,, the Tmition that its ri;;ulatc ry r.utk rity is con:hed to conrideratI<.:a r,f co::::r.c
,welon .3 ..f Ile orel. r for folcr::1 2[7'abil-hment raf 3.rna c. hire < to prevet.t defense nr.cl recurity titul rr.dir,lCict.1 health a::d safety.' Thl.1 position has air been expremti 11 ti.e Jo!r.t Cr s:cittee on .itomic Energy:
. t.g n Sir ~~e,tol i!:at th en-o* i- m l " was recognizeel 1,y the dr.:fters (of the A(t) * *
- tlaat AI;C's rqulator "f *"rgg,'a rdt.s wlIlIit.fl.e P rdul" g control was lirr.ited to considerations involvit:; the com:non defer.se and ncurit betocr.tantintoIWtl#"!lM".u,.n t, and the pr0ttstit n of the htalth and safety of the I;ul,lic with renwt to th-
$ .ts t* P 1*.:4.C. 'Sl". a re o
- r sinlil 1:arards atseriated with tl:e operation of nuclear facilitic.<." .S. Itcp No. 000, Eth Cc.na.1st Sess.. p. I.
.4 n<.: In serin < illiert wirla foleral It is well cMahlithed that the practical conattt.ction of a statute ley en ager:e
.talvl.s hl* t-n o!I l-.rrrwers, ::r.,:i e . charged with its ad::lnhtration 14 curto:aarily a:: tit!ctl to re.< met Potace Iteccic i.t. stet t t. u l.I18:t.21,1 h (-u-fiaitet..l:i.!.1
< vn ! .l. NacMpsi:en! Co. v.1;lcetriccf Ur.fon CG U.S. ON. ifd ON1); .YorarcS!c
.re gion - le ir.
i,er a d!rce!b : t.. tha *cwral n:-ig...
.Vitrcycn Products Co. v. Unitre! #fctes. ::M U.S. %I. 31, (1(G3), loriteul.tri
- av lenvc for llw pntu r of r '.;uirit.a where, as in this case, the constrt:et!nn I.4 acqukscet! :nd ce: curred in L.y
,t'nml.ir l. Therefrir. In f..re vec smi Congressional co:runittte with a 1.vu!!ar rcmmibP.;ty and 14 ace In the s!atutor rehe:ne, l'os cr "octor Dcrch;.s-so:t Co. v.1;lectriccf L* :iv t as.;.r.: at FO. I's f the (%:nt.:le!"n u l:h ress.e i f.. it, the.ae reaso::s we c<, cur in tl.e (M.cle, ion that ll.e Co:::tul. .-ion has v.o auth%rit e ll.c Cotonald-!"n Im3 t.. Im:n-e vc:tter uusler the .\tornic 1:nergy Act to 1:a:r;ce u;on !!5 lice:ms w.ater p!!nt. lori rtact.
ards unrrl:ttr<1 to cen ider.1tio::A t.f r.ttli ,1 Tical a.:fvty.'
actitled. 12 l'.9.C. 0011 *.P1. : frat.t. .
There rervt!ns for consihr:. tion tl.c l'et'cr..I V.*at<r 1%I13 tion C.,nttv1.$.c
.a 1.i lievti..e va rin.i4 vi t h iti- lumiv. 33 U.S C.1%M.n. This statute, f:rd c::act.al la WI3 ar.ti frce,ur.r:::y r.tr.cn.1:
. n le.f r ma t ert.d. I... . tna teri:.t r:y.;g .
.f.. cut r;ry. I ' lir: t'. ""I f. v- w"Il re .
tliereafter.' provides a en:epr(-he:siw systcra for }^cdcral.5 tate curf wtion i I preventic; at:d co:.trollin water M 11utica. This Sysicm includu s e:Dority 1 t to thi< anihor!: tho ( *" ::ral -lo's l the lhloral Covern?nent to in:titub2 r.Mtetus nt proccet !n;;.4 ! nt:ala.% 1.,llut!"
- r. l .I nurfe.ir ta stes s t in t h..
q ., u-w.u s tci!ity, in nr.l. r to ..!-rc t e.
of luterstat's atA .mi:;.11.!c waters ?3 U.S.C. Fr.';f g), to 1*rrsetit+ we.ter tjetlit ei. h et..+ innter i-tion Isel of t h..
standt.rds for interstate waters in eco;vratir.n with the t'tates, ent! to enforc p* elf t he f.l.lIity h:t* 1 ot Itt it 84nt"'l*
l'.RC. OI::le b t. In iltlwr tent. prior 8 W1.cre 01) er factora r.re to hr can t. fared la c.:nneattua idth tier leuat.ee ef a lic*t.
8 I 53k' * *P'f;f' Pr..vb ien. 'l L . 4. tha at t .rc.<y G y :eral s et t n :vt - e: ; C.. . . 5 t.
1 lty tou t :l l -.e Ih'th wi 'revect to 19 151t enu:rit*: I w si !tticu.. i lo s. 4a t".s.C. : t;J. E:.r- g: gr, e n.*.* :t t.eth .it t
.i I -Sa.tl-1.,el .r. l.ie
..t . ,, . .,...a. cont'letir;; for t. fto.
aci"ty ta ecterata en.a cr.-12
- ce a: d t.. f.el;it;u tr, L.1lorr:ej v
p.e rr.laI 1.!g r ..
ente l< t.,ettr;48. attt.?r.:t f..r n<I.e r rer. yewa:tw it.cn ll.o 1o4fiton that I:< re u,Athry chers g :?.:i costtv.vererr e,i 182 4 3,42 t*.S.C. ::002(<!).
1:ttle trt at:.Itera r f rA15olo::ic.tl le'. Ith . Pec. I1c.n
(-(1trity. I:x.ttidn et...*s r f ib. 3er tr:uld s 10,0 a s.,c%cote'271. 42 t*3*C. 201S.
- pac!Ually I.reaerves the Par!<<!!etion of TcJerst. Sna
.I of the Ac t. ( e.n::tc. 4 cxpr.*-*.1 it* and b. cal arenciv.* *:with rc9ect t.. the generation. s2:e. or tr:t.st.is.let: cf ettetr tr< of II.e proibic:!nts :ttA t:lil t it;o power."m.
made fair ti:ehrts SM. I: tt(n.
! in 50, to.suin. ateIn1 to CF.it. fAnie42s.atut fAof's.,t :.shios Cc.tr.:tisPc:rtr
- 1-810
'I in svntov tb.a tlv rewl le N tm 3-a rr factors sa;:re. Fee. .it trfe .rcree o u ifrien o r!nl n. cur,ty a t..I f u pr. 'e I f;pt Co . 2 At..mte 1:urry T.aw It?porte ' 11.243 (3.131) at p.17.47:!: .'f-:r:rr of 1 e rrw ren t re .hrirst P4 err C+rp., 2 At.*u:e 1:nerzy !.aw 1:*rtu 511.' rJ 11 Mil.
- ec I:uhltn2 triteria.
- contt loa tiefc!..e 81*or 6 s t.e da r.st 1:-?! eve t' at tha (*n:rt! sian pay tr:1 1** water p.s!!
I hr ptil.lia . ' twir v1r la sth-hetad.t !" !
tion strudsrs, trna ustenae as a cer.Jillen f .? catering itt.1:skrtut:r f.:rcer:nts with livne..:4 tr *
- tur with lime-le ; .it .1 1.*.t.thtt h H. ?.e*- the l'rtce. Anderson A
- nNment. Atoate 1:uar;v Act I 17efet. 4:: U.y C. 22!wiet. 9
'll(s!) . 12 l'.S.I'. 00I:l
- b l . Mrb b l. tion 170 pratt% t!:st INet <eas rt;st uiintr?n Nnc.!'.t t ro:ceden. In t? a f t.1 <.f tr.*u
,% . Ft t t Iott 1 * *.'. U.' I *.F l'. *N.*;*. Gle llIn *: -
IIU Of OIb"IWI #-
bre vidas furtter 'thr.! AUtheL8I I IM I.c ica Comri.* N Dshall UIYnter fl1kt1*tt.*
e 2rIII3: Dutants ner. e... of 1:1:fie:r to in&--rtr lfy chi.!*-r.!4
- e-o frsta sueta ILit::6ty c!al:rg la etcria of tha 191 (f f*r.: elal firJ. :1.vt r..p ir*J vf t:
ett-c4 t.1 re;vr.ite prul:P flyn or uti,.,.r:1 Ilce n see. $cct!cn lin(!. e t rovi *. *
- that the cercau=t t f limnmiD.it:t.n r.:1v cet.t w h f.6ni.rl e . !!:. .b. a* *
- n..I
- such term < as tha Cc.miesten it.er:e arria .r.sta to carry c 1t the purpea ** of this n'
...tury.11 rd?e < r r . -nl:** 4 4. ' tion." It ac29 tmt forrs.rt to P. :.<. rue t!.a trwtult!ca of t(r- $ estrr.neous ts 1:9 p:rre
i . * :.a of t!'e secticc. Stree tha Cc.:t:triac to r< icirr.117 s.atuc:h n (c) t) er.ter 1.to tLe t q.e n!gIlinti..ti or pt.@te t! .9 ef e.e. l',. demtitty ' gree:est %tth tha lhvo*w and sh.co time a:ru:.ent is at least Ideese as t reh tL-i t , e e .'in:u. n defi t.c. ;* tt.1 wri rit j . .I o g the t-(ne the t of t:s? ;enerst l'rien-A3Jereoa p stste At:caJn. catne f r tiie tech f::rtisht *St of t!.ctoI ecrec,e, s authority we do to:to:sti ;;
4:L19s cond;tkLs
- t u b 3:1..I N:f. t y i.f tit p.th"c.-- . water pollutin't tau.t:*e of we..t le.n p.2. it. *. 11 .; . et... . ' Water Peltdtkn Centrol Act Ar endments of IM. TO F*at. 09: TeJer21 Wat.
t!ta l'. nt!./lrn i t .liu.' .!'; to . r.n?h; Pollution Co*stic1 Act Autad=c:sts of 1M1. 73 St.i t. W : Water Quality Act sf 1H3.1
- - Stat.003; Cl;an Watcr P.tstoration Act of IMC 50 Sist.1
- :tC.93-502 0--CS-rt.1-17
.~
a
..w.
1 w ..
'\ 252 rach standar:1, by abaternent proetrelin;s, .*4 l'at.C. -lMe).1:MMn.,!bility fer the a<ltninistratir.n of tl.e Peder al V.*ater Po!!tah.i. C..r.tro! Act la tv,u in the i Departtuent er 11# 1r.terior,1:mergantz.ttlea Pitt: No.1! of I!.A M rd:tt. IM.
altt:ou;h abah n...nt sult= are litought hy the lbp'trin r tt e! Ju>tlee.
j/
Section 11 a,f the Micr 1\.llution C^ntrol Avi. .':'i L*.S.C. -i Un. n--!; a tra ct'.er Federal ugcnelei ccrtain ro<iwndbilities for ureventing and cr. :rcling w::ter pollutit.n. Thit .vctirsn pr<.videt:
"It it here!.y d:qlareil to tr.= the intrut of the Concren t1:at nr.y Pe !cral de-partratat or 0;yr.cy h.svir.g jur*s.!ictinu over at:y liu! Min;r. luto!p.:!on. or t.*l.er pro;mty shall. In.oisr as pruticahb nr..I co::alstent with the in: rMS et t!.e United S:atcA nn.1 withir. t. y avel! ave oppropr:at!cs, u<ter.t:a with : e 110 partiatr.t of !!<al:h.1:duca:!r.n. cud Welfare, cra! whh nuy :::,.:e o.- 1:.:cra.:t :
a;;(:Scy or muniQaiity 1.a.ic;r juri<di.tlea over waters in:o *.rh!c.. n:.y saithr Is direLar.tel front auch property. In preve:.tir:: or con:rt.111ng tha 14th.tir.n of such waters. In his suminary of atey c%ferette 1.ursuant tc, w;tica 10(d)s::)
of thig Act tb Fr::rttary t. hall Irg uda refereuws to any direMrp: 4 n!!c';cd!y contributic;: to Ivtlution frc:n nny Pohral pro:-cr:y. .N'o:ke rf r.t.y 1.taritq lat.
suant to m:19n M(f) invobin ; any f.0'lutloa nlb ged to !? ef:*. cu d 1 y cry su'h dishar; es thall ut.o Iv ::ircu to the rederal ci;cr.cy Icvin;; j.:r!. Sc:lan over the proiw1y 1:.volved und the f:r.dtn ;< nnd retorn::.cnttim.4 e f alt Ife::ri:a
- Uoard cor.Cu.:1!rg such braring Shill also itsinde references 13 at:y such Cs-char;es whkh are ect tributin;: to the tollution found ley such IIcarin:t l'e.trd."
It has Leen su.r.;cated that the 1. tom!e 1:ncrcy Cornr. inion 1.9 j irisl!ctir.n over t':e Imtalfations of 11.4 Ilun.ees wj:hin the sneanlua of ttis Ect.thn 11 nt;d consequently tidtt the Conmatulon tuay, citt.r r tiencrally or in rptd'le can.,.
Impo>o re.etrksians on water leAktion. Includim: th(rinal pollut'on u a coin!i.
tic:i of its liter:83. M*e do rr4 f.Mine that the lat.:N2;c and Ic;Wative history of Section 11 suppntt thi.e en:.clu-ion, but rather sh'it the phr.:n *jur:rdiction orcr any t.uilding, installation, or other prol.*rty" refers la 1,rtf r:t::try jurisdic-tion and 3:ot to rc;ulatory juriuliction.
The fire
- tenttnce cf SMinn 11 was ndded in its 1 resent form to the M*attr Pollution Cr.utrol Act by ti.e autendment< of 1:c4 To Stat. Th.. *a he conference reported str.ted with retret tre tin provision (thea :.ua.1 tred .%t!on D).
"This rection * * ' dcelares the (.on.7tmior.al Ints nt that I's-! err.1 :.;:cn:04 d!rel.ar;;;n: matter Ir.to any wat< r< shall coo;v: rate with the 11.;ar::.:er.t s.f Ilcalth 1;durat!en, nud Wc! fare anel State, inter <t.ttc. n: d Ivral c;n nc!vs. lu protectirg r.: c:.:.trdHng the Imllutir a a.f ruch waters " (IP.: Ce-nt 1:. . I11.*.h)
Fee atm e:narh of Cen,:re.v ran W drertren.1rd C ez. R c. Itrf. p. .
Nowhere in ll.e br:1.<l.stive bl. tar.s of the 1R 4 niaendn.e:.:< or r,f sub< quent annet.dments to fl.e Water l'ollut!cn Contre.1.ter 1.av.f we found a s trac rlsn j thr.t the first ser.tence of Sev tion 11 was inten%I to c.p;rly to riy pr..; r:y otMr than Ihleral In> lallation.*. Turthermre the mr nd n:..I t!.tr.! tv:.'. . es cf t'a s
tion 11. nd.!c.1 in the If r.1 anw:r!n:< nte, i*. Ft.it. :'10. ebv'.r.:.!y reft r r.n!> to Federal pre rty and in, tall. itis.er. !!.1:cpt. .W. T.% Mth Cora.1,1 S:r e.1%. Tu rend "Jari. diction" in the tir t reatence rif Ec:tirin 11 to irAnde r. aid: * .ry jarlo dictt0n would t.nt rinly create an inenwistency of terair @:f vi!L!n Si.::k.n 11 Isut wouM n!!. r entirely the framework of the Act.1*cr if !.e Aton.. 1.ner. y Cn:n-8 uits<lon I.aa jurialictinn over the lu.!al ati..n, of it< licentees, ti.e rcit ral C.M-
! rnunicatlans Cununinlun ha* y!nihr jari.d!ction over r.idia wl tr!v.lefo:: > a-j tions, the Intt rstate Coinracrce Conan.ission hn< j.:ris.1!c:fon ov. : ral;re dl< end I
rnotor carr!< re. and varir ut other Tod. ral nNnele< 1::ve j :riu:!c:!nn to re:n:* ate i certcin activi:;e.$ of variou.4 c.ite.;oniv< of prhhte buri:.vcA We da em: !# vc j that Cn::::re.s in ICG intenrhwl to grant to nn un*pM;Ced ; rou;. ( f tideral erve.
cles nuthority to caiploy their re;:qt.itory pe*xcis for 1.urpa*cs cf (afordn: the Act. Such na unutual grant of authori:7 shoubt t.ot t,e lirhtly inferred, an.1 in
- this case neither the langua;e of the statute i.r er its Irgi5 ative 1.! story sup;mrts
, such a n inferen<.e.'
As we rtatcl carlier. See:lon 7 of Thecutive Order IPN dcts r:..: 3.urt e.rt to .
be nn independent source of crency nuthority. In our sievr. re!: n r tr.. atr.nde Tner;y Act enr the rederal Water Pollutten Control Act nu:horia the At<.:n!c Encr;y Comtalssion to rer;uire its licen-ec$ to con.foria to stand.;rdt relatir.: to
'We de cet tuneet that e feiertl 2:enay r.ny not employ !!= rephtery ai:tSrity J for the 3.revanttu ct v.-ater tvHettaes where it la epm 4y cr l- .-!:. t'y e:-mwer.-I ta e do so t y the st.ttufe it adr&.4. tere. Scc. cJ., 2 G L'.S.C. SWa) : (W! v. yt .'cret l'e:rtr
!. Commission,357 U.S. 42S. 433 (1907).
Y k
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E3 water pellittli.n. and wo know of s o other murec fr.r s'irh at:t!.s:ty. Af cour:c.
1.t.5.C. l&dfi. I!?'I3'II'IIIIT Cars sw 1 v : tupha lect to cratat Stich nitthority to the Cop.mbin 1;y apprr-l' I 'm' in (f.f*'
- .:tlen Cr.:.tv.! Ar,if 8 f 1' -% to !! tat.1%,e priatc lt-;;I>l.ition.
.1 19 r-ygnep,.ely youra.'
.. ; .:, .t s.f J;i tf re. + >
Thon 3I. Wo.m.*rr.
- a. t. .'(;.. ~ J;f. V.h us*1m to oil.a ;
,; _ Anistent .4 ttr n:cy Ge neral, 00ce r.l 1.*g:T Cnmcl.
- g rertntit
- ; or..) cvutto!II .;; water the Cor;rce t!.r.t at:y l'eder:1 de- .
~
r,s.y 3. ult !!n:. Ir*13!!"".s. Of ' !I #T u61 stent v.ith the Inter: ts of the
..v -;r.tlos..a. co.Nra:0 v.ith !!.e Dc- ,
- v. "and with nny Mte or intera:ttc
. e ver waters I;.tc. wHeh any setter
.r. ting or con:ro!n:.3 the penution
- -nee p'Jr* car;t tes tec:!0n 10N)('i) ,
..re:.ces is' n' y di char;:a3 alle;;edly ;
.rc.perty. N< tiee of any 1..:.tria;; p tr-
. c.11rged tri10 efa:3.! hy r:ty ws h
..it n;;chey 1.:ivin;; juri Iletion r,ver i ri'enin*4r'Isti' Ud '.! tl.0 11 earing ingin.le refercuus to etty st:6 d!s. .
ti.,n foam! 10 stich ]!c?rin ; IPir.l."
- rwr;.y Co: :clutar. Inu juri*.1kt!ca the sacaniti:t of this .%cticia 11 ar I ther renrrally er its tiedile G*'$ '
.s hn; th. rna.1 y,1 Nth,n. a4 si co!.la-
). Ini.; na -e .Sr.?. le/ i ! attic bl*tnry rat'her t!Jit the t hren. "jurie !!ction
,;rty" rc fs r.< to ; rorrittsry jurli.!!?- .
ed in its lircrent fuisti to the Wats r .
.t 1t)~.'i, in Ftat. .~.;A. Trp co':ferenc0 nn (then nu:.:l er..1.%:!r.n 0). '
.lon:tl lht. :.t 1%tt l'e! <31 0::"twied co:iles ate w!!h !!.c lh; ar::..< nt t.f .
- . Interstate r.rel it.e..I :9en.I v. In cla wat< rs. ()DJ C's:1 J. I !' . I l IT* l. )
- n.1&'. Cnc::. Iht.1**.'W. ..-
ITA a'..rnda..ent < er of Pt:1~:st.:en t ,
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s e we fo ind a pr.:e/ fir'n
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.ndedV :p;.!y in at.y 3.at:rty s,ths r .
e rNond nel it.f ra nut. t.cr4 of Sco
- i Stat. !'1(e, r.!. vim .!y rt 'er s.n17 tu
. No. MG, Mth C.<n :.. let For. 1%. To .
htit n 11 ti. im lude ter;!at..ry jurir-try of terrainriny i. ithin Wctinn 11 /
4 Act. l'or if the Att>:al< l'.ncr::y Co:n-mns of its Ikens es, the I'c bral Co':s-1.ction ostr rarlics ut.d telesision sta-
- 1 has jurit.lletir.n oser t.'ilr.uds and
- 4
- encies I are fut*r-d;< tinn tra rcgulate 1
.rivate 1.unncn c . W d., i:nt i.elieve 8 in unsptf r.: d g rr.*:;i of l'e !cral aren- 8 tiowers far 3-ur; wars of caforcita: the
!: auld not I,e th:htly it.ferred, nr.d in te nor its Ic;i.lative 1.ia* cry sug.;virts
.t!.c Ordcr 11219 La rint purptrt in .'
Ity. In ott viert, reith(r the Atv:nic
.a Contra'l Att authe. rite = the .itr tnic
' to conferni to 6:nnd.trds relatir.;; to R.87 giet g;.gp*(gy [ge-Fi , '
$5 ete.ra
't if.?l.C. 503:n)nty: erU atiit d.!L.ftn*%tMy fly rt. irs.rer*J to
- v. yc.lerst Power Rtst?.Arlly s
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