Up & Atom

The US Nuclear Regulatory Commission (NRC) has set a course to create a regulatory framework for fusion energy systems that builds on NRC’s existing nuclear materials licensing process. As we have previously reported, NRC had considered three options for regulating nuclear fusion. NRC chose to work from the existing process for licensing the use of byproduct materials contained in 10 CFR Part 30, which requires only a limited-scope rulemaking.

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.

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.

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.

Nuclear energy promises an available and adaptable source of zero-carbon energy. As such, it is poised to play a significant role in the global drive to achieve net-zero carbon emissions by 2050. While some energy companies and governments have recently announced plans to phase out their use of nuclear power, others are looking at nuclear power as a tool to mitigate the rising cost of oil and gas and to reinforce their energy security.

The Nuclear Regulatory Commission recently issued SRM-SECY-21-0107, in which it approved the NRC Staff’s recommendation to delegate authority to the Atomic Safety and Licensing Board (ASLB) Panel—the independent trial-level adjudicatory body of the NRC—to conduct “mandatory” hearings for certain types of construction permit applications. However, the Commission also noted its intent to conduct such hearings itself in certain first-of-a-kind proceedings.

The NRC is taking an important step toward an inclusive licensing regime for a new generation of reactors. On January 3, the NRC staff submitted for commission approval a recommended final rule on “Emergency Preparedness for Small Modular Reactors and Other New Technologies.”