Whenever the Commission finds that the public convenience and necessity, or the Department finds that the production program of the Department requires continued operation of a production or utilization facility, the license for which has been revoked, the Commission may, after consultation with the appropriate federal or state regulatory agency having jurisdiction, order that possession be taken of such facility and that it be operated for a period of time as, in the judgment of the Commission, the public convenience and necessity or the production program of the Department may require, or until a license for operation of the facility shall become effective. Just compensation shall be paid for the use of the facility.
[40 FR 8790, Mar. 3, 1975]
authority: Atomic Energy Act of 1954, secs. 11, 101, 102, 103, 104, 105, 108, 122, 147, 149, 161, 181, 182, 183, 184, 185, 186, 187, 189, 223, 234 (
42 U.S.C. 2014,
2131,
2132,
2133,
2134,
2135,
2138,
2152,
2167,
2169,
2201,
2231,
2232,
2233,
2234,
2235,
2236,
2237,
2239,
2273,
2282; Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 (
42 U.S.C. 5841,
5842,
5846,
5851; Nuclear Waste Policy Act of 1982, sec. 306 (
42 U.S.C. 10226); National Environmental Policy Act of 1969 (
42 U.S.C. 4332);
44 U.S.C. 3504 note; Sec. 109, Pub. L. 96-295, 94 Stat. 783
source: 21 FR 355, Jan. 19, 1956, unless otherwise noted.
cite as: 10 CFR 50.102