On January 31, the US Nuclear Regulatory Commission (NRC) published a proposed rule to revise the professional hourly rate and flat licensing fees charged to licensees and applicants under 10 CFR Parts 170 and 171. Congress requires the NRC to recover 90% of its operating budget from fees, but certain new activities this year are excluded from that fee recovery requirement. For example, fees for advanced reactors will be carved out from the 90% fee recovery. Despite the carve-outs, NRC fees for each operating reactor will increase by approximately $330,000 (or 7.3%) from FY 2018.

A divided Commission at the US Nuclear Regulatory Commission (NRC) on January 24 approved the Mitigation of Beyond-Design-Basis Events rulemaking (Final Rule). The NRC began the rulemaking in December 2016 as part of its efforts to evaluate and implement, if necessary, regulatory changes in response to the Fukushima Daichi event in March 2011. In somewhat of a surprise, the majority of Commissioners last week rejected large portions of the proposed rule submitted by the NRC staff over two years ago. The rationale for changing the Final Rule demonstrates a renewed emphasis on applying backfit analyses.

The US Nuclear Regulatory Commission (NRC) issued a revised version of Inspection Manual Chapter (IMC) 0620 (Inspection Documents and Records) on January 28. These revisions add clarifying guidance on marking, handling, and transmitting—internally and externally—inspection documents and records to ensure that all such materials are appropriately controlled and handled by NRC inspectors. These revisions could affect how the NRC Staff maintains and shares NRC inspection documents and records.

It is a fairly common misperception that operating nuclear power plants in the United States depress local property values. This assumption was refuted in recent regulatory proceedings in the Northeast, where detailed studies of local real estate records confirmed earlier studies finding no adverse impact on the property value of homes in proximity to a nuclear power facility or its associated spent fuel. Specifically, perceptions of risk and stigma associated with operating nuclear facilities do not appear to translate into market behavior in the form of a reduction of home sale prices in the vicinity of such facilities. In fact, those studies suggest there may be a positive impact on surrounding communities in the form of reduced residential property taxes for a given level of public expenditures. In practice, it seems that home buyers and sellers are far more pragmatic in their decisions.

With many companies focused on analyzing transactions for applicability of the Committee on Foreign Investment in the United States’ pilot program mandatory declaration requirements, transacting parties should not lose sight of the need to continue to analyze deals under traditional CFIUS standards.

Read the full LawFlash.

Say hello to CUI and get ready to say goodbye to SUNSI. The commissioners of the Nuclear Regulatory Commission (NRC) have directed the staff to proceed with a rulemaking to implement the governmentwide Controlled Unclassified Information (CUI) program. One impact of this rulemaking will be to eliminate one of our favorite acronyms: Sensitive Unclassified Non-Safeguards Information (SUNSI). But we are still at least a year away from an official change because the staff doesn’t plan to issue a final rule until 2021.

By way of background, the US National Archives and Records Administration (NARA) published the governmentwide CUI rule on September 14, 2016 (81 Fed. Reg. 63,324), seeking to standardize the current patchwork of more than 100 agency-specific policies for handling sensitive unclassified information requiring safeguarding or dissemination controls. That rule (32 CFR Part 2002) establishes specific handling, incident management, inspection, and oversight requirements for covered information. The NRC CUI program will eventually replace the agency’s current SUNSI program, and will retain safeguards information (SGI).

President Donald Trump on January 14 signed into law the Nuclear Energy Innovation and Modernization Act (NEIMA), Pub. L. 115-86, after it was passed by Congress in late December 2018. NEIMA covers a wide variety of issues, but two main topics should be particularly welcomed by the nuclear industry: relief from US Nuclear Regulatory Commission (NRC) fee collection and the clear direction to speed the rollout of an NRC licensing framework for advanced nuclear reactors.

Staff members from the US Nuclear Regulatory Commission’s (NRC’s) Office of Nuclear Security and Incident Response and Office of Nuclear Reactor Regulation held a kickoff meeting on January 10 to discuss the planned assessment of the NRC’s Power Reactor Cyber Security Program. Based on the Nuclear Energy Institute’s PRM-73-18, “Petition to Amend 10 CFR 73.54, ‘Protection of Digital Computer and Communication Systems and Networks,’” as well as NRC guidance, this assessment marks 10 years since the publication of 10 CFR 73.54. The goals of the assessment are to ensure that all licensees have implemented and are complying with 10 CFR 73.54, but to also ascertain licensees’ processes for identifying critical digital assets (CDAs).

The US Nuclear Regulatory Commission’s (NRC’s) revised regulations regarding the medical use of byproduct material became effective on January 14, 2019—six months after being published in final form, and nearly a decade after the proposed rulemaking. See Medical Use of Byproduct Material—Medical Event Definitions, Training and Experience, and Clarifying Amendments, 83 Fed. Reg. 33,046 (July 16, 2018). The revised regulations amend 10 CFR Parts 30, 32, and 35. The NRC also issued guidance to provide additional detail regarding the substance of the revised regulations and to assist licensees with compliance. See Guidance for the Final Rule, Medical Use of Byproduct Material—Medical Events, Definitions, Training and Experience, and Clarifying Amendments, 83 Fed. Reg. 33,759 (July 16, 2018). Among other things, the amendments change the requirements associated with

The NRC issued a Notice of Violation (NOV) on December 17, 2018, to the Wolf Creek Nuclear Operating Company (Wolf Creek) finding that the company violated 10 CFR 50.7, the NRC regulation protecting reactor licensee employees and contractors from retaliation for raising nuclear safety concerns. Based on the level of management involved, the NRC treated the violation as a Severity Level II violation, and proposed a civil penalty of $232,000. The NOV and proposed civil penalty followed an investigation by the NRC Office of Investigations and predecisional enforcement conference (PEC). In addition to the finding of a violation of 10 CFR 50.7 by a reactor licensee involving one of its contractors and the size of the proposed civil penalty, two aspects of the NOV are particularly noteworthy: (1) the form of the adverse action that resulted in the violation; and (2) the evidentiary standard of proof the NRC Staff used to find a violation.