Up & Atom

The NRC has now followed up on that guidance with revisions to RG 5.83, “Cybersecurity Event Notifications (Revision 1),” to address new cybersecurity concerns, provide clarification, and align with new guidance in RG 5.71. This guidance is critical for the nuclear industry given the rapid pace at which cybersecurity threats and deterrent strategies evolve. All nuclear power reactor owners must review NRC’s latest guidance and confirm that their cybersecurity programs are in compliance.

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.

After 13 years, the Nuclear Regulatory Commission has issued revised guidance for cybersecurity programs for nuclear power reactors. All nuclear power reactor owners must review the NRC’s latest guidance and confirm their cybersecurity programs are in compliance.

In a recent LawFlash, lawyers Alex Polonsky and Grant Eskelsen discuss the US Department of Energy’s (DOE) final rule imposing financial penalties for unintentional violations of 10 CFR Part 810. The rule represents a major change in how the DOE encourages and enforces compliance with Part 810.

Over the last few years, investors and financial markets have become more focused on environmental, social, and governance (ESG) considerations in making investment decisions. ESG considers how investments impact the environment, social factors, and governance issues. Investors are increasingly applying these nonfinancial factors in making investment decisions.

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.

A group of four US senators introduced a bill on March 16 to ban imports of uranium products from the Russian Federation. If enacted, such a ban could complicate the refueling of existing commercial reactors in the United States that rely on Russian uranium products. A ban also could extend the schedule in the United States for deploying some advanced reactors, because Russia is a key source of the high-assay, low enriched uranium (HALEU) they plan to use. In a related development, Russia is considering a ban on uranium exports to the United States in retaliation for the most recent energy sanctions on Russia.

NRC Commissioners Christopher Hanson, David Wright, and Jeff Baran recently voted 2-1 (Commissioner Baran dissenting) to implement SECY-21-0029, “Rulemaking Plan on Revision of Inservice Testing and Inservice Inspection Program Update Frequencies Required in 10 CFR 50.55a.” SECY-21-0029 will initiate a rulemaking to extend the required Inservice Inspection (ISI) Program and Inservice Testing (IST) Program Code of Record update frequency from 120 months to 240 months.