Up & Atom

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.

Our insurance litigation colleagues have prepared a LawFlash providing guidance on protecting insurance assets, which may help mitigate financial losses due to the coronavirus (COVID-19) pandemic.

The US Nuclear Regulatory Commission (NRC) on March 11 issued a Notice of Violation to Avera St. Luke’s Hospital stemming from findings during an inspection of its Aberdeen, South Dakota facility in July 2019.

FERC and NERC issued a joint notice on Wednesday providing compliance flexibility on certain key reliability standard requirements during the ongoing coronavirus (COVID-19) pandemic. Although this guidance can allow utilities to avoid findings of noncompliance for certain requirements where timely compliance activities could be difficult due to personnel shortages and other limitations, this is not a blanket waiver. Instead, utilities must provide written notices of their intent to use this guidance. The content of those notices must be drafted carefully as they will be necessary to demonstrate compliance in future reviews.

As we previously reported, the Nuclear Regulatory Commission (NRC) established a Working Group to provide risk-informed enhancements to the Independent Spent Fuel Storage Installation (ISFSI) inspection program.

Our colleagues in the antitrust practice have prepared a LawFlash addressing the extent to which the private sector can coordinate its responses to the coronavirus (COVID-19) pandemic consistent with the antitrust laws.