---
kind: "section"
citation: "42 U.S.C. § 2373"
title: "42"
title_heading: "The Public Health and Welfare"
number: "2373"
heading: "Transfer to governmental or other legal entity; determination of transferee"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/2373"
units:
  - "Chapter 24 — Disposal of Atomic Energy Communities"
  - "Subchapter VI — Utilities"
---

# §2373. Transfer to governmental or other legal entity; determination of transferee

- (a) Transfer may be made to one or more of the following, if the transferee has the legal authority to receive and operate the [utility](/usc/42/2304.md?p=l).
  - (1) the city at the [community](/usc/42/2304.md?p=b);
  - (2) the [State](/usc/42/2021b.md?p=14) in which the [community](/usc/42/2304.md?p=b) is located;
  - (3) any political subdivision or [agency](/usc/42/8262.md?p=1) of that [State](/usc/42/2021b.md?p=14); or
  - (4) any person, firm, [corporation](/usc/42/2297h.md?p=2), or other legal entity.
- (b) In determining the transferee for any [utility](/usc/42/2304.md?p=l), the [Commission](/usc/42/2304.md?p=a) may consider the following:
  - (1) the pattern of ownership of the comparable [utilities](/usc/42/2304.md?p=l) in the [State](/usc/42/2021b.md?p=14) in which the [community](/usc/42/2304.md?p=b) is located;
  - (2) the ability of the transferee to operate the [utility](/usc/42/2304.md?p=l);
  - (3) the probable price of the sale of the [utility](/usc/42/2304.md?p=l), the ability of the transferee to pay that price, and any probable expense;
  - (4) the desires of the eligible voters of the [community](/usc/42/2304.md?p=b) as directly expressed in any vote in any officially recognized procedure or in any procedure established by the [Commission](/usc/42/2304.md?p=a); and
  - (5) the benefit to the United States in reducing possible requirements for local assistance as authorized in subchapters VII and VIII of this chapter.

## Source credit

(Aug. 4, 1955, ch. 543, ch. 7, § 73, 69 Stat. 480.)

## Notes

### Statutory Notes and Related Subsidiaries

### Transfer of Functions

Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See also Transfer of Functions notes set out under those sections.