42 USC 2201 - General duties of Commission

U.S Code last checked for updates: Nov 22, 2024

§ 2201.

General duties of Commission

In the performance of its functions the Commission is authorized to—

(a)

Establishment of advisory boards

(b)

Standards governing use and possession of material

(c)

Studies and investigations

(d)

Employment of personnel

(e)

Acquisition of material, property, etc.; negotiation of commercial leases

(f)

Utilization of other Federal agencies

(g)

Acquisition of real and personal property

(h)

Consideration of license applications

(i)

Regulations governing Restricted Data

(j)

Disposition of surplus materials

(k)

Carrying of firearms; authority to make arrests without warrant

(l)

Repealed. Pub. L. 87–456, title III, § 303(c), May 24, 1962, 76 Stat. 78

(m)

Agreements regarding production

(n)

Delegation of functions

(o)

Reports

(p)

Rules and regulations

(q)

Easements for rights-of-way

(r)

Sale of utilities and related services

Under such regulations and for such periods and at such prices the Commission may prescribe, the Commission may sell or contract to sell to purchasers within Commission-owned communities or in the immediate vicinity of the Commission community, as the case may be, any of the following utilities and related services, if it is determined that they are not available from another local source and that the sale is in the interest of the national defense or in the public interest:

(1)

Electric power.

(2)

Steam.

(3)

Compressed air.

(4)

Water.

(5)

Sewage and garbage disposal.

(6)

Natural, manufactured, or mixed gas.

(7)

Ice.

(8)

Mechanical refrigeration.

(9)

Telephone service.

Proceeds of sales under this subsection shall be credited to the appropriation currently available for the supply of that utility or service. To meet local needs the Commission may make minor expansions and extensions of any distributing system or facility within or in the immediate vicinity of a Commission-owned community through which a utility or service is furnished under this subsection.

(s)

Succession of authority

(t)

Contracts

(u)

Additional contracts; guiding principles; appropriations

(1)

enter into contracts for such periods of time as the Commission may deem necessary or desirable, but not to exceed five years from the date of execution of the contract, for the purchase or acquisition of reactor services or services related to or required by the operation of reactors;

(2)

(A)

enter into contracts for such periods of time as the Commission may deem necessary or desirable for the purchase or acquisition of any supplies, equipment, materials, or services required by the Commission whenever the Commission determines that: (i) it is advantageous to the Government to make such purchase or acquisition from commercial sources; (ii) the furnishing of such supplies, equipment, materials, or services will require the construction or acquisition of special facilities by the vendors or suppliers thereof; (iii) the amortization chargeable to the Commission constitutes an appreciable portion of the cost of contract performance, excluding cost of materials; and (iv) the contract for such period is more advantageous to the Government than a similar contract not executed under the authority of this subsection. Such contracts shall be entered into for periods not to exceed five years each from the date of initial delivery of such supplies, equipment, materials, or services or ten years from the date of execution of the contracts excluding periods of renewal under option.

(B)

In entering into such contracts the Commission shall be guided by the following principles: (i) the percentage of the total cost of special facilities devoted to contract performance and chargeable to the Commission should not exceed the ratio between the period of contract deliveries and the anticipated useful life of such special facilities; (ii) the desirability of obtaining options to renew the contract for reasonable periods at prices not to include charges for special facilities already amortized; and (iii) the desirability of reserving in the Commission the right to take title to the special facilities under appropriate circumstances; and

(3)

include in contracts made under this subsection provisions which limit the obligation of funds to estimated annual deliveries and services and the unamortized balance of such amounts due for special facilities as the parties shall agree is chargeable to the performance of the contract. Any appropriation available at the time of termination or thereafter made available to the Commission for operating expenses shall be available for payment of such costs which may arise from termination as the contract may provide. The term “special facilities” as used in this subsection means any land and any depreciable buildings, structures, utilities, machinery, equipment, and fixtures necessary for the production or furnishing of such supplies, equipment, materials, or services and not available to the vendors or suppliers for the performance of the contract.

(v)

Support of United States Enrichment Corporation

(w)

License fees for nuclear power reactors

(x)

Standards and instructions for bonding, surety, or other financial arrangements, including performance bonds

Establish by rule, regulation, or order, after public notice, and in accordance with the requirements of section 2231 of this title, such standards and instructions as the Commission may deem necessary or desirable to ensure—

(1)

that an adequate bond, surety, or other financial arrangement (as determined by the Commission) will be provided, before termination of any license for byproduct material as defined in section 2014(e)(2) of this title, by a licensee to permit the completion of all requirements established by the Commission for the decontamination, decommissioning, and reclamation of sites, structures, and equipment used in conjunction with byproduct material as so defined, and

(2)

that—

(A)

in the case of any such license issued or renewed after November 8, 1978, the need for long-term maintenance and monitoring of such sites, structures and equipment after termination of such license will be minimized and, to the maximum extent practicable, eliminated; and

(B)

in the case of each license for such material (whether in effect on November 8, 1978, or issued or renewed thereafter), if the Commission determines that any such long-term maintenance and monitoring is necessary, the licensee, before termination of any license for byproduct material as defined in section 2014(e)(2) of this title, will make available such bonding, surety, or other financial arrangements as may be necessary to assure such long-term maintenance and monitoring.

Such standards and instructions promulgated by the Commission pursuant to this subsection shall take into account, as determined by the Commission, so as to avoid unnecessary duplication and expense, performance bonds or other financial arrangements which are required by other Federal agencies or State agencies and/or other local governing bodies for such decommissioning, decontamination, and reclamation and long-term maintenance and monitoring except that nothing in this paragraph shall be construed to require that the Commission accept such bonds or arrangements if the Commission determines that such bonds or arrangements are not adequate to carry out subparagraphs (1) and (2) of this subsection.

(Aug. 1, 1946, ch. 724, title I, § 161, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 948; amended July 14, 1956, ch. 608, 70 Stat. 553; Aug. 6, 1956, ch. 1015, § 4, 70 Stat. 1069; Pub. L. 85–162, title II, §§ 201, 204, Aug. 21, 1957, 71 Stat. 410; Pub. L. 85–287, § 4, Sept. 4, 1957, 71 Stat. 613; Pub. L. 85–507, § 21(b)(1), July 7, 1958, 72 Stat. 337; Pub. L. 85–681, §§ 6, 7, Aug. 19, 1958, 72 Stat. 633; Pub. L. 86–300, § 1, Sept. 21, 1959, 73 Stat. 574; Pub. L. 87–206, § 13, Sept. 6, 1961, 75 Stat. 478; Pub. L. 87–456, title III, § 303(c), May 24, 1962, 76 Stat. 78; Pub. L. 87–615, § 12, Aug. 29, 1962, 76 Stat. 411; Pub. L. 87–793, title VI, § 1001(g), Oct. 11, 1962, 76 Stat. 864; Pub. L. 88–489, § 16, Aug. 26, 1964, 78 Stat. 606; Pub. L. 90–190, § 11, Dec. 14, 1967, 81 Stat. 578; Pub. L. 91–452, title II, § 237, Oct. 15, 1970, 84 Stat. 930; Pub. L. 91–560, §§ 7, 8, Dec. 19, 1970, 84 Stat. 1474; Pub. L. 92–314, title III, § 301, June 16, 1972, 86 Stat. 227; Pub. L. 93–377, § 7, Aug. 17, 1974, 88 Stat. 475; Pub. L. 95–604, title II, § 203, Nov. 8, 1978, 92 Stat. 3036; Pub. L. 97–90, title II, § 211, Dec. 4, 1981, 95 Stat. 1170; Pub. L. 99–661, div. C, title I, § 3134, Nov. 14, 1986, 100 Stat. 4064; Pub. L. 100–449, title III, § 305(b), Sept. 28, 1988, 102 Stat. 1876; Pub. L. 101–575, § 5(b), Nov. 15, 1990, 104 Stat. 2835; renumbered title I and amended Pub. L. 102–486, title IX, § 902(a)(4), (5), (8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 109–58, title VI, §§ 623, 626, Aug. 8, 2005, 119 Stat. 783, 784; Pub. L. 115–232, div. C, title XXXI, § 3116(a), Aug. 13, 2018, 132 Stat. 2291; Pub. L. 117–263, div. C, title XXXI, § 3131(c), Dec. 23, 2022, 136 Stat. 3059.)

cite as: 42 USC 2201