As part of the response to four executive orders focused on expanding and accelerating the development and use of nuclear energy, the US Department of Energy and US Nuclear Regulatory Commission have signed Addendum 9 to their 2019 Memorandum of Understanding on Nuclear Energy Innovation. The October 24 addendum details how the agencies will coordinate their activities on advanced reactors and nuclear fuel technologies more efficiently to implement activities under the EOs. The addendum underscores a whole-of-government approach to demonstrating and licensing advanced reactors and speeding up the transition from research to commercial deployment.
The 2019 Memorandum of Understanding established a framework for DOE and NRC collaboration on advanced nuclear research, including sharing technical information and expertise. The addendum focuses on technical readiness and information-sharing on advanced nuclear reactor and fuel technologies developed or demonstrated under DOE’s authority to ensure that DOE-authorized reactors, fuel lines, and other facilities are “designed, constructed, and implemented in a manner that provides reasonable assurance of adequate protection.”
Further, the addendum focuses on DOE-NRC collaboration that will enable DOE’s safety analysis to be leveraged to streamline and expedite future NRC licensing activities pursuant to EO 14300, Ordering the Reform of the Nuclear Regulatory Commission.
Key Provisions
Roles and Responsibilities
The addendum reiterates that DOE is responsible for reviewing and authorizing nuclear facilities under 10 CFR Part 830, maintaining the technical capability to perform safety analyses, and providing all necessary technical information and documentation to the NRC to leverage such information in future NRC licensing reviews.
DOE will develop and execute a review plan, coordinate with the NRC to schedule reviews, and enable NRC observation of DOE’s authorization process as well as the technologies authorized by DOE, supporting future NRC licensing reviews. The NRC continues to be responsible for licensing of commercial new and advanced nuclear technologies, but will offer technical expertise (through the detail of qualified staff) and support DOE reviews.
Expedited Pathways
The addendum elaborates on the directive in EO 14300, observing that if an advanced reactor design or nuclear fuel line facility is authorized and tested by DOE, then the NRC “will establish an expedited pathway” for its licensing. More specifically, the NRC will focus its review on risks or safety issues identified during NRC’s review, avoiding rereview of design features already addressed by DOE in its review.
This language comes directly from Section 5(d) of EO 14300. By facilitating the NRC’s ability to observe, contribute to, and have access to DOE’s safety reviews, the addendum supports a framework for expedited NRC review while still recognizing the NRC as an independent regulator.
Information and Resource Sharing
The addendum specifies that DOE and the NRC will share relevant data and technical information to support DOE reviews and enable the NRC to leverage it in future licensing matters. Both agencies may provide access to novel data—technical, financial, or otherwise—generated during a project, which may be used to support future research reactor authorizations and safety case justifications.
The addendum also stipulates that NRC technical staff will have access to DOE advanced reactor programs, DOE’s documented safety analyses and readiness review methods, processes to start up reactors, and other activities related to DOE’s operating experience.
Implementation and Additional Agreements
The addendum identifies DOE’s Office of Nuclear Energy and the NRC’s Office of Nuclear Regulatory Regulation as the implementing organizations that will coordinate the activities and sharing of technical expertise and knowledge as described in the addendum. The agencies may enter into additional interagency implementing agreements to address project-specific items in accordance with the addendum.
Significance and Impact
The addendum enhances coordination between DOE and the NRC to reduce duplication of reviews and promote regulatory efficiency. While recognizing that each agency continues to fulfill its statutory role, the framework laid out by the addendum will facilitate interagency collaboration, streamline regulatory processes, and support the timely deployment of advanced nuclear technologies.
How We Can Help
As we continue to advise many clients on advanced reactor matters, Morgan Lewis is closely monitoring the fast evolution of DOE and NRC collaboration. Our nuclear team stands ready to assist with questions on government approval pathways and acceleration of commercial nuclear deployments.