Up & Atom

Over the past few days, several civic and environmental organizations have requested that federal departments and agencies pause rulemaking activities in response to the worsening coronavirus (COVID-19) pandemic.

Our colleagues in California have prepared a LawFlash discussing recent orders issued by California Governor Gavin Newsom affecting how and under what conditions state and local agencies may meet and discuss and/or approve of contracts for services and products during the coronavirus (COVID-19) pandemic.

Read our recent LawFlash regarding the US Securities and Exchange Commission’s March 25 announcement of the extension of filing periods covered by previously enacted conditional reporting relief for certain public company filing obligations.

As we reported in 2019, the United Kingdom’s withdrawal from the European Union, which occurred on January 31, 2020, included the United Kingdom’s exit from the European Atomic Energy Community (Euratom). Exports of nuclear materials, goods, and services from the United States to each of the 27 member countries of Euratom are governed under the United States–Euratom Agreement and the Euratom Cooperation Act of 1958.

Our colleagues in corporate practice are hosting a webinar on March 27 that might be of interest to our nuclear energy clients. The webinar will discuss the impact of the coronavirus (COVID-19) pandemic on shareholder activism, global financial markets, and market capitalizations.

The NRC recently released draft NUREG-1409, Backfitting Guidelines, Revision 1 for public comment. NUREG-1409 was last revised in July 1990. This is another step in a string of actions taken by the NRC to better ensure the NRC’s application of the Backfit Rule consistent with its intent.

Providing letters or notices to key personnel identifying them as “essential critical infrastructure workers” might ease travel in jurisdictions imposing travel restrictions. Read our recent LawFlash detailing the criteria for essential critical infrastructure workers in the electricity, petroleum, and natural gas and propane industries, including the vendors and service providers to the energy industry.

The NRC recently hosted a public meeting—exclusively via teleconference—to discuss regulatory implications of the coronavirus (COVID-19) pandemic for power reactor licensees. Of particular note, the NRC Staff is developing pandemic-related enforcement guidance. The first installment of this guidance is expected to be released early this week.

In response to the coronavirus (COVID-19), the US Department of Labor’s (DOL’s) chief administrative law judge (ALJ) issued an administrative order on March 19 clarifying the status of matters pending before the DOL’s Office of Administrative Law Judges (OALJ).

Functioning critical infrastructure is crucial during the response to the coronavirus (COVID-19) emergency for public health and safety reasons. And as noted in the Coronavirus Guidelines for America issued on March 16, US President Donald Trump has recommended that workers in critical infrastructure industries have a “special responsibility” to maintain normal work schedules. The Cybersecurity and Infrastructure Security Agency (CISA) on March 19 issued guidance on defining the Essential Critical Infrastructure Workforce. That guidance explicitly discusses workers in the nuclear and electric industries.