ML19332E295
| ML19332E295 | |
| Person / Time | |
|---|---|
| Issue date: | 10/27/1989 |
| From: | NRC |
| To: | Udall M HOUSE OF REP., INTERIOR & INSULAR AFFAIRS |
| Shared Package | |
| ML19327B830 | List: |
| References | |
| UDALL-891027, NUDOCS 8912070038 | |
| Download: ML19332E295 (1) | |
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QUESTION 3.
Does the NRC have the authority to compel a licensee to generate electricity from a comercial nuclear facility if the licensee does not desire to generate electricity from the facility?
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. ANSWER, s
- The Atomic Energy Act of 1954, as amended (AEA), provides limited authority to the Comission to compel the generation of electricity by a licensee who does not desire to do so. The Comission may order the operation' of any commercial nuclear facility licensed under sections-103 or 104 of the Act, subject to the payment of just compensation for any damages, during a period of Congressionally-declared state of war or national emergency pursuant to Section 108 of the AEA, 42 U.S.C. 6 2138. As provided by Section 186(c) of the AEA, 42 U.S.C. 2236, the Comission may also operate a facility, the license for which has been revoked pursuant to Section 186, "in cases foue.d by the Comission to be of extreme importance to the national defense and security or
' to the health and safety of the public"; just compensation for the use of such facility must be paid by the Commission.
In addition,- the Comission may, upon a determination that the pui,;ic convenSara m necessity requires, order the p
continued operation of a facility the license for which has been revoked, again f
subject to the payment of just compensation, in accordance with Section 188 of the AEA, 42 U.S.C. 5 2238. None of these provisions has ever been exercised.
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No funds have been authorized or appropriated to pay just compensation under them.
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8912070038 891107 PDR COMMS NRCC CORRESPONDENCE PDC
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