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KEY TRENDS IN LAW AND POLICY REGARDING
NUCLEAR ENERGY AND MATERIALS

Inflation Drives Another Large Increase in NRC’s Maximum Civil Monetary Penalties

By Jane Accomando and Scott D. Clausen
// January 26, 2023
The NRC recently issued a final rule in the Federal Register, along with a corresponding update to its Enforcement Policy, that updated the maximum amounts of civil monetary penalties it can impose for violations. Because these amounts are adjusted annually for inflation, the maximum civil penalties jumped for the second year in a row, reflecting the continued inflationary environment in the broader economy.
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Topics: Enforcement, NRC

LawFlash: DOE Issues Final Rule for Civil Penalties Under 10 CFR Part 810

By Alex Polonsky and Grant W. Eskelsen
// January 13, 2023
In a recent LawFlash, lawyers Alex Polonsky and Grant Eskelsen discuss the US Department of Energy’s (DOE) final rule imposing financial penalties for unintentional violations of 10 CFR Part 810. The rule represents a major change in how the DOE encourages and enforces compliance with Part 810.
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Topics: Energy, Export Controls, Nuclear Energy

NRC Issues Notice of Proposed Rulemaking on Alternatives to Credit Ratings for Decommissioning Financial Assurance

By Jane Accomando and Timothy Birchfield
// January 13, 2023
The NRC issued a Notice of Proposed Rulemaking (NOPR) proposing a rule, “Alternatives to the Use of Credit Ratings,” that would amend its decommissioning financial assurance mechanisms in 10 CFR Part 30.
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Topics: Decommissioning, NRC, Rulemaking

NRC Provides Details on ‘Information-Sharing Agreements’ for CUI

By Ryan K. Lighty and Alex Polonsky
// December 20, 2022
On December 8, the NRC issued Regulatory Issue Summary (RIS) 2022-03 detailing its plans regarding the use of “Information-Sharing Agreements” to share controlled unclassified information (CUI) with non-executive branch entities. The NRC is targeting the summer of 2023 to begin establishing formal agreements with NRC licensees, applicants, certificate of compliance (CoC) holders, agreement state radiation control program directors, state liaison officers, and tribes.
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Topics: Rulemaking, Security, Sensitive Unclassified Information

Expected Changes to Generally Authorized Countries in 10 CFR Part 810

By Alex Polonsky and Grant W. Eskelsen
// December 16, 2022
Good news for Mexico—and a potential farewell to Egypt and South Africa: It’s time to look out for the Department of Energy National Nuclear Security Administration’s (NNSA) changes to the list of generally authorized countries that appear in Appendix A to 10 CFR Part 810 (Appendix A).
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Topics: Export Controls, International Nuclear Agreements, Rulemaking

Recent Report Highlights Nuclear as ESG Powerhouse

By Ryan K. Lighty , Grant W. Eskelsen , and Molly Mattison
// November 11, 2022
Over the last few years, investors and financial markets have become more focused on environmental, social, and governance (ESG) considerations in making investment decisions. ESG considers how investments impact the environment, social factors, and governance issues. Investors are increasingly applying these nonfinancial factors in making investment decisions.
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Topics: Climate Change, Nuclear Energy, Renewable Energy

LawFlash: Inflation Reduction Act of 2022 Boosts Nuclear Power with Tax Credits and Funding

By Paul A. Gordon , Ryan K. Lighty , M. Jared Sanders , Scott D. Clausen , and Wendy Simon-Pearson
// August 22, 2022
Read the recent LawFlash prepared by our energy and tax lawyers discussing several key provisions of the Inflation Reduction Act of 2022 (IRA) that bolster a broad spectrum of new and existing activities in the nuclear industry.
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Topics: Advanced Reactors, Climate Change, Nuclear Energy

Latest Developments on Coal-to-Nuclear Transitions

By Ryan K. Lighty
// August 17, 2022

In this Law360 article, Ryan Lighty discusses the US Congress’s efforts to incentivize coal-to-nuclear transitions. With the recently passed Creating Helpful Incentives to Produce Semiconductors (CHIPS) and Science Act, Congress authorized a new program to foster the deployment of next-generation nuclear facilities at depowered coal sites.

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Topics: Advanced Reactors, Climate Change, Department of Energy (DOE), Electric Generation, HALEU, Nuclear Energy, Nuclear Fuel Cycle, Nuclear New Build, Tax Credits, Uranium

NRC Altering Population Siting Guidance for Advanced Reactors

By Jane Accomando , Alex Polonsky , and Wendy Simon-Pearson
// July 25, 2022
In a 2-1 vote, NRC Commissioners have approved a new approach for evaluating where reactors can be sited in the United States, opening the door to siting advanced reactors in more densely populated areas than has been allowed for large, light-water reactors.
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Topics: Advanced Reactors, Licensing, NRC, Nuclear Energy

Update on US Nuclear Industry Export Restrictions to Russia

By Alex Polonsky and Grant W. Eskelsen
// May 23, 2022
It’s getting harder to send anything from the US to Russia, including radioactive materials and nuclear-related equipment. Below are some recent examples of actions that the US government has taken to clamp down on nuclear trade with Russia. In this ever-changing geopolitical landscape, exporters must maintain export compliance vigilance for the items and technology they export.
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Topics: Export Controls, NRC
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