The US Nuclear Regulatory Commission (NRC) recently issued its Report to Congress on Abnormal Occurrences for fiscal year 2020. The report documents key aspects of those events that the NRC considers “Abnormal Occurrences” (AOs) and allows the regulated community to review the operating experience of reactor, medical, and industrial users of radioactive materials. AOs are unscheduled events that the NRC determines to be significant from the standpoint of public health or safety.
As is clear from recent news reports, cybersecurity hacks and breaches have been trending upward for some time, and there has been a noticeable uptick over the last several months—including in the energy industry. As a result, President Joseph Biden has committed his administration, in large part through the American Jobs Plan and his executive order of May 12, to strengthen cybersecurity across the nation.
The US Department of Labor’s Occupational Safety and Health Administration (OSHA) held a public stakeholder meeting on May 19 to discuss its Whistleblower Protection Program and solicit feedback from interested individuals on how to improve its administration of the program. This call followed a similar call OSHA hosted in October, on which we also reported.
Our colleagues in the environmental practice discuss recent US regulatory and legislative developments addressing climate change and renewable energy. They highlight the success in California as a possible model for the United States. Read the Law360 article.
The NRC recently published an advance notice of proposed rulemaking (ANPR) seeking public comments on possible amendments to its National Environmental Policy Act (NEPA) regulations on categorical exclusions. Comments are due by July 21, 2021.
Vineyard Wind has received approval from the Bureau of Ocean Energy Management (BOEM), the US Army Corps of Engineers, and the National Marine Fisheries Service for its 800 megawatt offshore wind farm located about 15 miles off the coast of Martha’s Vineyard. The approval is likely to facilitate the development of additional projects and has been touted as helping achieve President Biden’s ambitious climate change goals.
The NRC recently issued its Allegation Program Annual Trends Report. The report analyzes regional, national, and site-specific allegation trends for calendar year 2020. The report’s top-line numbers show that the number of allegations fell approximately 10% from 2019. This reduction continues the decline in allegations seen since 2016; and the number of allegations has fallen by more than 50% over the past five years. But while the overall number of allegations continued to decline in 2020, the rate of decline slowed.
As artificial intelligence (AI) and machine learning tools become more widely adopted in various products and industries, the NRC has begun studying what roles these technologies can play in commercial nuclear power operations. On April 21, as part of its study, the NRC’s Office of Nuclear Regulatory Research requested public comments on the role of these technologies “in the various phases of nuclear power generation operational experience and plant management.”
The NRC published a notice of a petition for rulemaking from the Tribal Radioactive Materials Transportation Committee (TRMTC) in the Federal Register on April 9 asking the NRC to revise 10 CFR Part 37 to require that licensees provide advanced notification to participating tribal governments of certain radioactive material shipments that will cross a tribe’s reservation.
The Nuclear Regulatory Commission (NRC) hosted a public meeting on April 13 to discuss and solicit stakeholder feedback on the cumulative effects of regulation regarding final changes made to the fitness-for-duty (FFD) drug testing requirements in 10 CFR Part 26 (Part 26). The NRC published the proposed rule in the Federal Register on September 16, 2019, to align Part 26 with certain drug testing provisions in the 2008 Health and Human Services Guidelines.