42 U.S.C. § 2234
Section 2234 · Inalienability of licenses
Amended 4 times on record
Applied in 1 court decisions — leading case Babcock & Wilcox Co. v. United Technologies Corp. (1977)
Most recently applied in Babcock & Wilcox Co. v. United Technologies Corp. (July 1977)
No license granted hereunder and no right to utilize or produce special nuclear material granted hereby shall be transferred, assigned or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of any license to any person, unless the Commission shall, after securing full information, find that the transfer is in accordance with the provisions of this chapter, and shall give its consent in writing. The Commission may give such consent to the creation of a mortgage, pledge, or other lien upon any facility or special nuclear material, owned or thereafter acquired by a licensee, or upon any leasehold or other interest to such facility, and the rights of the creditors so secured may thereafter be enforced by any court subject to rules and regulations established by the Commission to protect public health and safety and promote the common defense and security.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
1964—Pub. L. 88–489 inserted “or special nuclear material,” after “lien upon any facility” and substituted “interest in such facility” for “interest in such property”.
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.