Page:United States Statutes at Large Volume 94 Part 1.djvu/1039

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PUBLIC LAW 96-000—MMMM. DD, 1980

PUBLIC LAW 96-320—AUG. 3, 1980

94 STAT. 989

(2) if such failure is knowing and continues for a period of 30 days after the Administrator mails notification of such failure by registered letter to the licensee at his record post office address, revoke such license. No proceeding under this section is necessary if the license, by its terms, provides for automatic suspension or termination upon the occurrence of a fixed or agreed upon condition, event, or time, (b) If the Administrator determines that immediate suspension of the construction or operation of an ocean thermal energy conversion facility or plantship or any component thereof is necessary to protect public health and safety or to eliminate imminent and substantial danger to the environment established by any treaty or convention, the Administrator may order the licensee to cease or alter such construction or operation pending the completion of a judicial proceeding pursuant to subsection (a) of this section. SEC. 112. RECORDKEEPING AND PUBLIC ACCESS TO INFORMATION.

42 USC 9122. Reports.

(a) Each licensee shall establish and maintain such records, make such reports, and provide such information as the Administrator, gifter consultation with other interested Federal departments and agencies, shall by regulation prescribe to carry out the provisions of this Act. Each licensee shall submit such reports and shall make available such records and information as the Administrator may request. (b) Any information reported to or collected by the Administrator Confidential under this Act which is exempt from disclosure pursuant to section information. 552(b)(4) of title 5, United States Code (relating to trade secrets and confidential commercial and financial information), shall not— (1) be publicly disclosed by the Administrator or by any other officer or employee of the United States, unless the Administrator has— (A) determined that the disclosure is necessary to protect the public health or safety or the environment against an unreasonable risk of injury, and (B) notified the person who submitted the information 10 days before the disclosure is to be made, unless the delay resulting from such notice would be detrimental to the public health or safety or the environment, or (2) be otherwise disclosed except— (A)(i) to other Federal and adjacent coastal State government departments and agencies for official use, (ii) to any committee of the Congress of appropriate jurisdiction, or (iii) pursuant to court order, and (B) when the administrator has taken appropriate steps to inform the recipient of the confidential nature of the information. SEC. 113. RELINQUISHMENT OR SURRENDER OF LICENSE.

42 USC 9123.

(a) Any licensee may at any time, without penalty, surrender to the Administrator a license issued to him, or relinquish to the Administrator, in whole or in part, any right to conduct construction or operation of an ocean thermal energy conversion facility or plantship, including part or all of any right of way which may have been granted in contjunction with such license: Provided, That such surren- Liability. er or relinquishment shall not relieve the licensee of any obligation or liability established by this or any other Act, or of any obligation or liability for actions taken by him prior to such surrender or relin-