Up & Atom

KEY TRENDS IN LAW AND POLICY REGARDING
NUCLEAR ENERGY AND MATERIALS
Our US labor/management relations team continues to track the National Labor Relations Board’s (NLRB’s) increasingly business-friendly approach in 2019. The Board’s busy year to date includes its decision in Entergy Mississippi, addressing the supervisory status of certain electric utility transmission and distribution dispatchers and resulting ineligibility to vote in a union election.
In a June 25, 2019, letter to the Chairman of the US Nuclear Regulatory Commission (NRC), Senators John Barrasso and Mike Braun requested that the agency develop a Generic Environmental Impact Statement (GEIS) for the construction and operation of advanced reactors.
The Nuclear Regulatory Commission (NRC) held a public meeting on August 8 to provide information and receive comments on the regulatory basis supporting the NRC’s rulemaking on physical security requirements for advanced reactors.
The US Department of Energy (DOE) published a final rule in the August 2 Federal Register that revises DOE’s Contractor Employee Protection Program. The program appears in 10 CFR Part 708 (Part 708) and extends employee protections to employees of DOE contractors and subcontractors modeled after the protections for federal employees that appear in the Whistleblower Protection Act, 5 USC §§ 1201 et seq. DOE’s Office of Administrative Appeals (OHA) administers the Part 708 program.
In SECY-19-0068 dated July 1 but recently made available, the NRC staff has asked the Commission to approve a proposed direct final rule that would eliminate one of the two financial tests used to qualify a company to issue a parent guarantee for decommissioning funding assurance.
The Nuclear Regulatory Commission (NRC) published a Federal Register notice on July 16 requesting comments on a regulatory basis supporting a “limited scope” rulemaking to develop physical security requirements for advanced reactors.
The Environmental Protection Agency (EPA) issued three rules on June 19, granting additional powers to states to determine their projected energy resource mixes, including nuclear energy.
The US Department of Energy (DOE) recently published proposed changes to its Contractor Employee Protection Program in the Federal Register.
The NRC on May 3 took the overdue step of withdrawing portions of certain power reactor security requirements—issued via three agency orders in the aftermath of the events of September 11, 2001, which were subsequently captured in agency regulations