An Act to amend the Atomic Energy Act of 1954, as amended, to authorize the Commission to issue temporary operating licenses for nuclear power reactors under certain circumstances, and for other purposes
PL 92-307 (H.R.14655), enacted 06/02/1972

Retroactive pay 
increases. 
86 STAT. ] 
PUBLIC LAW 92-307-JUNE 2, 1972 
191 
SEC. 302. Except where specifically increased or decreased elsewhere 
in this Act, the restrictions contained within appropriations, or provi-
sions affecting appropriations or other funds, available during the 
fiscal year 1972, limiting the amounts which may be expended for per-
sonal services, or for purposes involving personal services, or amounts 
which may be transferred between appropriations or authorizations 
available for or involving such services, are hereby increased to the 
extent necessary to meet increased pay costs authorized by or pursuant 
to law. 
SEC. 303. Applicable appropriations or funds available for the fiscal 
year 1972 shall also be available for payment of prior fiscal year obli-
gations for retroactive pay increases granted pursuant to 5 U.S.C. 
5341. 
80 Stat. 471; 
82 Stat. 997. 
Approved May 27, 1972. 
Public Law 92-307 
AN ACT 
June 2, 1972 
To amend the Atomic Energy Act of 1954, as amended, to authorize the Com- 
[H. R. 14655] 
mission to issue temporary operating licenses for nuclear power reactors under 
certain circumstances, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That there is hereby 
Nuclear power 
added to the Atomic Energy Act a new section 192 to read as follows: "^^xempoVary 
"SEC. 192. TEMPORARY OPERATING LICENSE.— 
licensing author-
"a. In any proceeding upon an application for an operating license 
e's stat. 921. 
for a nuclear power reactor, in which a hearing is otherwise required 
^
^
^ use 2011. 
pursuant to section 189 a., the applicant may petition the Commission 
^2 use' 2
2
3
^
9 
for a temporary operating license authorizing operation of the facility 
pending final action by the Commission on the application. Such 
petition may be filed at any time after filing of: (1) the report of the 
yp , ^
^ 
Advisory Committee on Reactor Safeguards required by subsection 
•'••^'. i -
182 b.; (2) the safety evaluation of the application by the Commission's 
regulatory staff; and (3) the regulatory staff's final detailed statement 
< 
on the environmental impact of the facility prepared pursuant to sec-
tion 102(2) (C) of the National Environmental Policy Act of 1969 
(83 Stat. 853) or, in the case of an application for operating license 
"
^
2 use 4332. 
filed on or before September 9, 1971, if the regulatory staff's final 
detailed statement required under section 102(2) (C) is not completed, 
the Commission must satisfy the applicable requirements of the 
National Environmental Policy Act prior to issuing any temporary 
'^^ "^^ '^^^i 
operating license under this section 192. The petition shall be accom-
panied by an affidavit or affidavits setting forth the facts upon which 
the petitioner relies to justify issuance of the temporary operating 
, 
du-\ 
license. Any party to the proceeding may file affidavits in support of, 
• 
-
or opposition to, the petition within fourteen days after the filing of 
such petition, or within such additional time not to exceed ten days 
as may be fixed by the Commission. The Commission shall hold a hear- 
Hearing; pubu-
ing after ten days' notice and publication once in the Federal Register Register. 
on any such petition and supporting material filed under this section 
and the decision of the Commission with respect to the issuance of a 
temporary operatins: license, following such hearing, shall be on the 
basis of findings on the matters specified insubsection b. of this section. 
The hearing required by this section and the decision of the Commis-
sion on the petition shall be conducted with expedited procedures as 
the Commission may by rule, regulation, or order deem appropriate 
for a full disclosure of material facts on all substantial issues raised in 
connection with the proposed temporary operating license. 
192 
PUBLIC LAW 92-307-JUNE 2, 1972 
[86 STAT. 
Requirements. 
68 Stat. 955. 
42 u s e 2235. 
Judicial review. 
28 u s e 2341 
and note. 
76 Stat. 409. 
42 u s e 2239. 
Authority, 
expiration. 
"b. With respect to any petition filed pursuant to subsection a. of 
this section, the Commission shall issue a temporary operating license 
upon finding that: 
"(1) the provisions of section 185 have been met with respect 
to the temporary operating license; 
"(2) operation of the facility during the period of the tempo-
rary operating license in accordance with its terms and condi-
tions will provide adequate protection of the environment during 
the period of the temporary operating license; and 
"(3) operation of the facility in accordance with the terms 
and conditions of the temporary operating license is essential 
toward insuring that the power generating capacity of a utility 
system or power pool is at, or is restored to, the levels required 
to assure the adequacy and reliability of the power supply, taking 
into consideration factors which include, but need not be limited 
to, alternative available sources of supply, historical reserve 
requirements for the systems involved to function reliably, the 
possible endangerment to the public health and safety in the 
event of power shortages, and data from appropriate Federal and 
State governmental bodies which have official responsibility to 
assure an adequate and reliable power supply. 
The temporary license shall contain such terms and conditions as the 
Commission may deem necessary, including the duration of the license 
and any provision for the extension thereof, and the requirement that 
the licensee not retire or dismantle any of its existing generating 
capacity on the ground of the availability of the capacity from the 
facility which is operating under the temporary license. Any deci-
sion or other document authorizing the issuance of any temporary 
license pursuant to this section shall recite with specificity the reasons 
justifying the issuance. The decision of the Commission with respect 
to the issuance of a temporary operating license shall be subject to 
judicial review pursuant to the Act of December 29,1950, as amended 
(ch. 1189,64 Stat. 1129). 
"c. The hearing on the application for the final operating license 
otherwise required pursuant to section 189 a. shall be concluded as 
promptly as practicable. The Commission shall vacate the temporary 
operating license if it finds that the applicant is not prosecuting the 
application for the final operating license with due diligence. Issu-
ance of a temporary operating license pursuant to subsection b. of 
this section shall be without prejudice to the position of any party 
to the proceeding in which a hearing is otherwise required pursuant 
to section 189 a.; and failure to assert any ground for denial or limita-
tion of a temporary operating license shall not bar the assertion of 
such ground in connection with the issuance of a subsequent final 
operating license. 
"d. The authority under this section shall expire on October 30, 
1973." 
Approved June 2, 1972.