--- kind: "section" citation: "42 U.S.C. § 10154" title: "42" title_heading: "The Public Health and Welfare" number: "10154" heading: "Licensing of facility expansions and transshipments" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/10154" units: - "Chapter 108 — Nuclear Waste Policy" - "Subchapter I — Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste" - "Part B — Interim Storage Program" --- # §10154. Licensing of facility expansions and transshipments - (a) **Oral argument—** In any [Commission](/usc/42/10101.md?p=7) hearing under section 189 of the Atomic Energy Act of 1954 ([42 U.S.C. 2239](/usc/42/2239.md)) on an application for a license, or for an amendment to an existing license, filed after January 7, 1983, to expand the [spent nuclear fuel](/usc/42/10101.md?p=23) [storage](/usc/42/10101.md?p=25) capacity at the site of a [civilian nuclear power reactor](/usc/42/10101.md?p=6), through the use of high-density fuel [storage](/usc/42/10101.md?p=25) racks, fuel rod compaction, the transshipment of [spent nuclear fuel](/usc/42/10101.md?p=23) to another [civilian nuclear power reactor](/usc/42/10101.md?p=6) within the same utility system, the [construction](/usc/42/300s–3.md?p=7) of additional [spent nuclear fuel](/usc/42/10101.md?p=23) pool capacity or dry [storage](/usc/42/10101.md?p=25) capacity, or by other means, the [Commission](/usc/42/10101.md?p=7) shall, at the request of any party, provide an opportunity for oral argument with respect to any matter which the [Commission](/usc/42/10101.md?p=7) determines to be in controversy among the parties. The oral argument shall be preceded by such discovery procedures as the rules of the [Commission](/usc/42/10101.md?p=7) shall provide. The [Commission](/usc/42/10101.md?p=7) shall require each party, including the [Commission](/usc/42/10101.md?p=7) staff, to submit in written form, at the time of the oral argument, a summary of the facts, data, and arguments upon which such party proposes to rely that are known at such time to such party. Only facts and data in the form of sworn testimony or written submission may be relied upon by the parties during oral argument. Of the materials that may be submitted by the parties during oral argument, the [Commission](/usc/42/10101.md?p=7) shall only consider those facts and data that are submitted in the form of sworn testimony or written submission. - (b) **Adjudicatory hearing—** - (1) At the conclusion of any oral argument under [subsection (a)](#a), the [Commission](/usc/42/10101.md?p=7) shall designate any disputed question of fact, together with any remaining questions of law, for resolution in an adjudicatory hearing only if it determines that— - (A) there is a genuine and substantial dispute of fact which can only be resolved with sufficient accuracy by the introduction of evidence in an adjudicatory hearing; and - (B) the decision of the [Commission](/usc/42/10101.md?p=7) is likely to depend in whole or in part on the resolution of such dispute. - (2) In making a determination under this subsection, the [Commission](/usc/42/10101.md?p=7)— - (A) shall designate in writing the specific facts that are in genuine and substantial dispute, the reason why the decision of the [agency](/usc/42/8262.md?p=1) is likely to depend on the resolution of such facts, and the reason why an adjudicatory hearing is likely to resolve the dispute; and - (B) shall not consider— - (i) any issue relating to the design, [construction](/usc/42/300s–3.md?p=7), or operation of any [civilian nuclear power reactor](/usc/42/10101.md?p=6) already licensed to operate at such site, or any [civilian nuclear power reactor](/usc/42/10101.md?p=6) for which a [construction](/usc/42/300s–3.md?p=7) permit has been granted at such site, unless the [Commission](/usc/42/10101.md?p=7) determines that any such issue substantially affects the design, [construction](/usc/42/300s–3.md?p=7), or operation of the facility or activity for which such license application, authorization, or amendment is being considered; or - (ii) any siting or design issue fully considered and decided by the [Commission](/usc/42/10101.md?p=7) in connection with the issuance of a [construction](/usc/42/300s–3.md?p=7) permit or operating license for a [civilian nuclear power reactor](/usc/42/10101.md?p=6) at such site, unless (I) such issue results from any revision of siting or design criteria by the [Commission](/usc/42/10101.md?p=7) following such decision; and (II) the [Commission](/usc/42/10101.md?p=7) determines that such issue substantially affects the design, [construction](/usc/42/300s–3.md?p=7), or operation of the facility or activity for which such license application, authorization, or amendment is being considered. - (3) The provisions of [paragraph (2)(B)](#b-2-B) shall apply only with respect to licenses, authorizations, or amendments to licenses or authorizations, applied for under the Atomic Energy Act of 1954 ([42 U.S.C. 2011](/usc/42/2011.md) et seq.) before December 31, 2005. - (4) The provisions of this section shall not apply to the first application for a license or license amendment received by the [Commission](/usc/42/10101.md?p=7) to expand onsite spent fuel [storage](/usc/42/10101.md?p=25) capacity by the use of a new technology not previously approved for use at any nuclear powerplant by the [Commission](/usc/42/10101.md?p=7). - (c) **Judicial review—** No court shall hold unlawful or set aside a decision of the [Commission](/usc/42/10101.md?p=7) in any proceeding described in [subsection (a)](#a) because of a failure by the [Commission](/usc/42/10101.md?p=7) to use a particular procedure pursuant to this section unless— - (1) an objection to the procedure used was presented to the [Commission](/usc/42/10101.md?p=7) in a timely fashion or there are extraordinary circumstances that excuse the failure to present a timely objection; and - (2) the court finds that such failure has precluded a fair consideration and informed resolution of a significant issue of the proceeding taken as a whole. ## Source credit (Pub. L. 97–425, title I, § 134, Jan. 7, 1983, 96 Stat. 2230.) ## Notes ### Editorial Notes ### References in Text The Atomic Energy Act of 1954, referred to in subsec. (b)(3), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables.