An Act to amend the Atomic Energy Act of 1954, as amended, to eliminate the requirement for a finding of practical value, and for other purposes
PL 91-560 (H.R.18679), enacted 12/19/1970

1472 
PUBLIC LAVt 91-560-DEC. 19. 1970 
[84 STAT. 
Public Law 91-560 
AN ACT 
December 19, 1970 
[H. R. 18679] 
To amend the Atomic Energy Act of 1954, as amended, to eliminate the require-
ment for a finding of practical value, and for other purposes. 
Atomic Energy 
Act of 1954, 
amendments. 
68 Stat. 927. 
42 u s e 2051. 
Uranium, guaran-
teed purchase 
price. 
78 Stat. 605. 
42 u s e 2076. 
Intra. 
68 Stat. 936. 
42 u s e 2132. 
eommercial 
licenses, condi-
tions. 
42 u s e 2133. 
42 u s e 2153. 
42 u s e 2134. 
Supra. 
Be it enacted hy the Senate and House of Representatives 
of the 
United StMes of America in Congress assembled^ That paragraph 
(4) of subsection 31 a. of the Atomic Energy Act of 1954, as amended, 
is amended to read as follows: 
"(4) utilization of special nuclear material, atomic energy, 
and radioactive material and processes entailed in the utilization 
or production of atomic energy or such material for all other 
purposes, including industrial or commercial uses, the generation 
of usable energy, and the demonstration of advances in the 
commercial or industrial application of atomic energy; and". 
SEC. 2. The second sentence of section 56 of the Atomic Energy Act 
of 1954, as amended, is amended to read as follows: "The Commission 
shall also establish for such periods of time as it may deem necessary, 
but not to exceed ten years as to any such period, guaranteed purchase 
prices for uranium enriched in the isotope 233 produced in a nuclear 
reactor by a person licensed under section 103 or section 104 and 
delivered to the Commission within the period of the guarantee." 
SEC. 3. Section 102 of the Atomic Energy Act of 1954, as amended, 
is amended to read as follows: 
"SEC. 102. UTILIZATION AND PRODUCTION FACILITIES FOR INDUSTRIAL 
O
R COMMERCIAL PURPOSES.— 
"•a. Except as provided in subsections b. and c, or otherwise specifi-
cally authorized by law, any license hereafter issued for a utilization 
or production facility for industrial or commercial purposes shall be 
issued pursuant to section 103. 
"b. Any license hereafter issued for a utilization or production 
facility for industrial or commercial purposes, the construction or 
operation of which was licensed pursuant to subsection 104 b. prior 
to enactment into law of this subsection, shall be issued under sub-
section 104 b. 
"c. Any license for a utilization or production facility for industrial 
or commercial purposes constructed or operated under an arrange-
ment with the Commission entered into under the Cooperative Power 
Keactor Demonstration Program shall, except as otherwise specifically 
required by applicable law, be issued under subsection 104 b." 
SEC. 4. The first sentence of subsection 103 a. of the Atomic Energy 
Act of 1954, as amended, is amended to read as follows: "The Com-
mission is authorized to issue licenses to persons applying therefor 
to transfer or receive in interstate commerce, manufacture, produce, 
transfer, acquire, possess, use, import, or export under the terms of 
an agreement for cooperation arranged pursuant to section 123, utiliza-
tion or production facilities for industrial or commercial purposes." 
SEC. 5. Subsection 104 b. of the Atomic Energy Act of 1954, as 
amended, is amended to read as follows: 
"b. As provided for in subsection 102 b. or 102 c, or where specifically 
authorized by law, the Commission is authorized to issue licenses under 
this subsection to persons applying therefor for utilization and 
production facilities for industrial and commercial purposes. In issu-
ing licenses under this subsection, the Commission shall impose the 
minimum amount of such regulations and terms of license as will 
permit the Commission to fulfill its obligations under this Act." 
Ante, p. 1472. 
84 STAT. ] 
PUBLIC LAW 91-560-DEC. 19, 1970 
1473 
SEC. 6. Subsection 105 c. of the Atomic Energy Act of 1954, as tr^s'^'^r^vsiT''' 
amended, is amended to read as follows: 
68 stat. 938. 
"c. (1) The Commission shall promptly transmit to the Attorney 
^
^
2 use 213s. 
General a copy of any license aj^plication provided for in paragraph 
(2) of this subsection, and a copy of any written request provided 
for in paragraph (3) of this subsection; and the Attorney General 
shall, within a reasonable time, but in no levent to exceed 180 days 
after receiving a copy of such application or written request, render 
such advice to the Commission as he determines to be appropriate 
in regard to the finding to be made by the Commission pursuant to 
paragraph (5) of this subsection. Such advice shall include an explan-
atory statement as to the reasons or basis therefor. 
"(2) Paragraph (1) of this subsection shall apply to an application 
for a license to construct or operate a utilization or production facility 
under section 103: Provided, hoioever. That paragraph (1) shall not 
apply to an application for a license to operate a utilization or produc-
tion facility for which a construction permit was issued under section 
103 unless the Commission determines such review is advisable on 
the ground that significant changes in the licensee's activities or 
proposed activities have occurred subsequent to the previous review 
by the Attorney General and the Commission under this subsection 
in connection with the construction permit for the facility. 
"(3) With respect to any Commission permit for the construction 
construction 
of a utilization or production facility issued pursuant to subsection ^^""^ ' 
104 b. prior to the enactment into law of this subsection, any person 
who intervened or who sought by timely w^ritten notice to the Com-
mission to intervene in the construction permit proceeding for the 
facility to obtain a determination of antitrust considerations or to 
advance a jurisdictional basis for such determination shall have the 
right, upon a written request to the Commission, to obtain an antitrust 
Review. 
review under this section of the application for an operating license. 
Such w^ritten request shall be made within 25 days after the date of 
Publication in 
initial Commission publication in the Federal Register of notice of 
^ "^ 
^^'^ ^^ 
the filing of an application for an operating license for the facility 
or the date of enactment into law of this subsection, wliichever is 
later. 
"(4) Upon the request of the Attorney General, the Commission 
shall furnish or cause to be furnished such information as the Attorney 
General determines to be appropriate for the advice called for in 
paragraph (1) of this subsection. 
"(5) Promptly upon receipt of the Attorney General's advice, the p^"'^a,''R^°" ^" 
Commission shall publish the advice in the Federal Register. Where 
^ ^'^ 
^^ ^ ^'^ 
the Attorney General advises that there maj be adverse antitrust 
aspects and recommends that there be a hearing, the Attorney Gen- 
Hearing. 
eral or his designee may participate as a party in the proceedings 
thereafter held by the Commission on such licensing matter in con-
nection with the subject matter of his advice. The Commission shall 
give due consideration to the advice received from the Attorney 
General and to such evidence as may be provided during the proceed-
ings in connection with such subject matter, and shall make a finding 
as to whether the activities under the license w^ould create or main-
tain a situation inconsistent with the antitrust laws as specified in 
subsection 105 a. 
.
.
. 
^^ ^'^'' ^°^' 
"(6) In the event the Commission's finding under paragraph (5) 
is in the ajffirmative, the Commission shall also consider, in determining 
whether the license should be issued or continued, such other factors, 
including the need for power in the aifected area, as the Commission 
in its judgment deems necessary to protect the public interest. On 
the basis of its findings, the Commission shall have the authority to 
1474 
PUBLIC LAW 91-560-DEC. 19, 1970 
[84 STAT. 
Exemptions. 
68 Stat. 938; 
78 Stat. 606. 
42 u s e 2135. 
Licensing, 
advance permits, 
conditions. 
Ante, p. 1472. 
AEC, functions, 
delegation. 
68 Stat. 950; 
72 Stat. 337. 
42 u s e 2201. 
42 u s e 2071, 
2077, 2091, 2138, 
2153, 2165. 
eontract 
authority. 
78 Stat. 606. 
42 u s e 2201. 
License, com-
mercial power. 
68 Stat. 954; 
71 Stat. 579. 
42 u s e 2232. 
Notice. 
Publication in 
Federal Register. 
Atomic safety 
and licensing 
boards. 
76 Stat. 409. 
42 u s e 2241. 
80 Stat. 386. 
5 u s e 556, 557. 
issue or continue a license as applied for, to refuse to issue a license, to 
rescind a license or amend it, and to issue a license with such conditions 
as it deems appropriate. 
"(7) The Commission, with the approval of the Attorney General, 
may except from any of the requirements of this subsection such 
classes or types of licenses as the Commission may determine would 
not significantly affect the applicant's activities under the antitrust 
laws as specified in subsection 105 a. 
"(8) With respect to any application for a construction permit on 
file at the time of enactment into law of this subsection, which permit 
would be for issuance under section 103, and with respect to any appli-
cation for an operating license in connection with which a written 
request for an antitrust review is made as provided for in paragraph 
(3), the Commission, after consultation with the Attorney General, 
may, upon determination that such action is necessary in the public 
interest to avoid unnecessary delay, establish by rule or order periods 
for Commission notification and receipt of advice differing from those 
set forth above and may issue a construction permit or operating 
license in advance of consideration of and findings with respect to 
the matters covered in this subsection: Provided^ That any construc-
tion permit or operating license so issued shall contain such conditions 
as the Commission deems appropriate to assure that any subsequent 
findings and orders of the Commission with respect to such matters 
will be given full force and effect." 
SEC. 7. Subsection 161 n. of the Atomic Energy Act of 1954, as 
amended, is amended to read as follows: 
"n. delegate to the General Manager or other officers of the Com-
mission any of those functions assigned to it under this Act except 
those specified in section 51, 57 b., 61, 108, 123, 145 b. (with respect 
to the determination of those persons to whom the Commission may 
reveal Restricted Data in the national interest), 145 f., and 161 a.;" 
SEC. 8. The first proviso in subsection 161 v. of the Atomic Energy 
Act of 1954, as amended, is amended to read as follows: '"''Provided^ 
That (i) prices for services under paragraph (A) of this subsection 
shall be established on a nondiscriminatory basis; (ii) prices for 
services under paragraph (B) of this subsection shall be no less than 
prices under paragraph (A) of this subsection; and (iii) any prices 
established under this subsection shall be on a basis of recovery of 
the Government's costs over a reasonable period of time:" 
SEC. 9, Subsection 182 c. of the Atomic Energy Act of 1954, as 
amended, is amended to read as follows: 
"c. The Commission shall not issue any license under section 103 
for a utilization or production facility for the generation of commer-
cial power until it has given notice in writing to such regulatory 
agency as may have jurisdiction over the rates and services incident 
to the proposed activity; until it has published notice of the applica-
tion in such trade or news publications as the Commission deems 
appropriate to give reasonable notice to municipalities, private 
utilities, public bodies, and cooperatives which might have a potential 
interest in such utilization or production facility; and until it has 
published notice of such application once each week for four consecu-
tive weeks in the Federal Register, and until four weeks after the 
last notice." 
SEC. 10. The first sentence of subsection 191 a. of the Atomic Energy 
Act of 1954, as amended, is amended to read as follows: "Notwith-
standing the provisions of 7(a) and 8(a) of the Administrative Pro-
cedure Act, the Commission is authorized to establish one or more 
atomic safety and licensing boards, each comprised of three members, 
one of whom shall be qualified in the conduct of administrative pro-
84 STAT, ] 
PUBLIC LAW 91-562-DEC. 19, 1970 
1475 
ceedings and two of whom shall have such technical or other qualifica-
tions as the Commission deems appropriate to the issues to be decided, 
to conduct such hearings as the Commission may direct and make such 
intermediate or final decisions as the Commission may authorize with 
respect to the granting, suspending, revoking or amending of any 
license or authorization under the provisions of this Act, any other 
provision of law, or any regulation of the Commission issued there-
under." 
Approved December 19, 1970. 
Public Law 91-561 
AN ACT 
For the relief of the State of Hawaii. 
December 1 9,1970 
[H.R. 14684] 
Be it enacted hy the Senate and House of Representatwes 
of the 
United States of America in Congress asseinhled^ 
SECTION 1. Notwithstanding any prior judgment and notwithstand-
ing the limitations of section 5 of the Suits in Admiralty Act (41 Stat. 
525, 526; 46 U.S.C. 745) or any other statute of limitations, lapse of 
time, or bars of laches, jurisdiction is hereby conferred on the United 
States District Court for the District of Hawaii to hear, determine, 
and render judgment upon the claim of the State of Hawaii against 
the LTnited States for damages to the State pier in Kewalo Basin, 
Honolulu, Hawaii, allegedly caused by the United States Bureau of 
Commercial Fisheries' vessel, the motor vessel Townsend Cromwell, 
on or about January 15, 1964. 
SEC. 2. The jurisdiction conferred by section 1 shall be withdrawn 
unless suit on the claim is instituted within one year after the date of 
enactment of this Act. Except as otherwise provided in this Act, the 
determination of such claim, and review thereof, and payment of any 
judgment thereon, shall be in accordance with the provisions of law 
applicable to cases over which the court has jurisdiction under the Act 
entitled "An Act for the extension of admiralty jurisdiction", 
approved June 19,1948 (62 Stat. 496; 46 U.S.C. 740). 
SEC. 3. Nothing in this Act shall be construed as an inference or 
admission of liability on the part of the United States. 
Approved December 19, 1970. 
Hawaii. 
Relief. 
64 Stat. 1112,. 
Public Law 91-562 
AN ACT 
To release the conditions in a deed with resi>ect to a certain iwrtion of the land 
heretofore conveyed by the United States to the Salt Lake City Corporation. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That notwithstand-
ing the provisions of the Surplus Property Act of 1944, as amended 
(50 U.S.C. 1622(h)), the terms and conditions in the instrument of 
transfer issued by the United States on November 15,1961, to the Salt 
Lake City Corporation, providing for a reversion of title to the United 
States under specified circumstances, are hereby waived, for the limited 
purpose of permitting the repair and lighting of a large concrete "U" 
(an emblem of the University of Utah) situated on a tract of approxi-
mately 3.73 acres in section 33, township 1 north, range 1 east, Salt 
Lake meridian, Utah. 
Approved December 19, 1970. 
December 19,1970 
[S.1366] 
Salt Lake City 
Corporation. 
Title reversion, 
waiver. 
62 Stat. 350. 
50 u s e app. 
1622. 
47-348 O - 72 - in ^Pt 9\