Up & Atom

KEY TRENDS IN LAW AND POLICY REGARDING
NUCLEAR ENERGY AND MATERIALS
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.
The Senate Environment and Public Works Committee voted to send S. 4897, the American Nuclear Infrastructure Act of 2020, to the Senate floor on December 2. Senator John Barrasso (R-WY) sponsored the bill, with Senators Mike Crapo (R-ID), Cory Booker (D-NJ), Sheldon Whitehouse (D-RI), and Shelley Moore Capito (R-WV) as bipartisan cosponsors.
The NRC Staff recently issued SECY-20-0098, which provides the Staff’s recommendation to consolidate two low-level radioactive waste (LLRW) disposal rulemakings. Specifically, the Staff supports combining the draft final rule revising 10 CFR Part 61, “Low-Level Radioactive Waste Disposal” (Part 61 Rule), with a proposed rulemaking to promulgate requirements for near-surface disposal of greater-than-Class C waste (GTCC Rule). The combined rule would be “based on expected cost savings, consideration of stakeholder input, and efficiencies.”
The NRC held a public meeting with industry on November 2 to discuss approaches for performing supplier oversight during the coronavirus (COVID-19) pandemic.
The Nuclear Regulatory Commission (NRC) wants your input on its advanced reactor rulemaking activities on a rolling basis, so it announced that it will periodically place “preliminary proposed rule language” on the federal rulemaking website under Docket ID NRC-2019-0062.
The Department of Labor’s (DOL’s) Administrative Review Board (ARB) recently announced it is updating its electronic filing system (EFS) at 8:30 am EST on December 7, 2020. Beginning December 7, all parties who wish to file electronically must use EFS to file documents electronically with the ARB. The current electronic filing system (EFSR) will shut down permanently at 5:00 PM EST on December 3, 2020. This means that parties will not be able to file documents electronically with the ARB after 5:00 pm EST on December 3 until 8:30 am EST on December 7.
Under the assumption that the coronavirus (COVID-19) public health emergency (PHE) will continue into 2021, the US Nuclear Regulatory Commission (NRC) Staff hosted a public meeting via teleconference on October 15 to discuss future requests for relief from regulatory requirements.
The NRC Staff released specific guidance to operating and decommissioning reactor licensees on requesting exemptions from fire protection requirements during the coronavirus (COVID-19) public health emergency (PHE) on May 14. The guidance supplements the NRC’s April 29 teleconference, during which it contemplated such regulatory relief pathways. Morgan Lewis reported on the teleconference earlier this month.
The NRC Staff released specific guidance to all licensees on how to request exemptions from emergency preparedness (EP) biennial exercise requirements on May 14. The guidance supplements the NRC’s April 30 teleconference, during which it acknowledged that there may be instances in which licensees are unable to comply with certain EP requirements, including required training and drills, during the coronavirus (COVID-19) public health emergency (PHE).
The NRC on April 30 published a notice of its intent to conduct scoping and gather information necessary to develop a Generic Environmental Impact Statement (GEIS) for small-scale advanced nuclear reactors (ANRs). The proposed GEIS will “streamline the environmental review process for future small-scale advanced nuclear reactor environmental reviews.”