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The NRC Office of Enforcement (OE) recently published its Enforcement Program Annual Report for calendar year 2020. The report shows that the number of escalated enforcement actions increased 7% over 2019, but remained below the five-year average from 2016 to 2020. That said, 2018 was the nadir of this five-year period with 45 escalated enforcement actions. So while the number of escalated enforcement actions have not returned to levels seen in 2016 and 2017 (each with more than 80), instances of escalated enforcement remain above longer-term historic trends, notwithstanding maturation of the industry. Whether this trend continues is to be seen. In April 2021, the NRC named Mark Lombard as the new director of the Office of Enforcement.
The Nuclear Regulatory Commission (NRC) recently issued a change notice to summarize revisions to its Enforcement Manual, which was finalized on December 1, 2020. The Enforcement Manual provides the guidelines for how NRC Staff should implement the NRC’s Enforcement Policy.