Up & Atom

KEY TRENDS IN LAW AND POLICY REGARDING
NUCLEAR ENERGY AND MATERIALS
The US Nuclear Regulatory Commission (NRC) recently issued its Report to Congress on Abnormal Occurrences for fiscal year 2020. The report documents key aspects of those events that the NRC considers “Abnormal Occurrences” (AOs) and allows the regulated community to review the operating experience of reactor, medical, and industrial users of radioactive materials. AOs are unscheduled events that the NRC determines to be significant from the standpoint of public health or safety. Examples of such events appear below:
The NRC published a notice of a petition for rulemaking from the Tribal Radioactive Materials Transportation Committee (TRMTC) in the Federal Register on April 9 asking the NRC to revise 10 CFR Part 37 to require that licensees provide advanced notification to participating tribal governments of certain radioactive material shipments that will cross a tribe’s reservation. The petition focuses in particular on the difference between the requirements under 10 CFR 37.77, which does not require notice to participating tribes, and similar notice requirements in 10 CFR Parts 71 and 73, which do. The NRC has requested that public comments on TRMTC’s petition be submitted by June 23, 2021.
Vermont Senators Patrick Leahy and Bernie Sanders along with Representative Peter Welch recently introduced the Nuclear Plant Decommissioning Act of 2020. The bill, if enacted, would provide grants to local communities affected by the closure and decommissioning of a nuclear plant. One grant would provide funds to support local decommissioning advisory boards, which would eventually be paid for by a filing fee for Post-Shutdown Decommissioning Activities Reports (PSDARs). The other grant would provide economic development funds to local communities affected by plant closures. Along with these two grant programs, the bill would also establish direct payments to communities where spent nuclear fuel is stored during and after decommissioning at a rate of $15 per kilogram of spent fuel.
The NRC Office of Nuclear Reactor Regulation (NRR) recently issued Revision 4 to Office Instruction LIC-203, “Procedural Guidance for Categorical Exclusions, Environmental Assessments, and Considering Environmental Issues.” The update reflects recent NRC organizational changes and internal procedures related to the agency’s environmental review activities. These changes do not impose any new obligations on NRC applicants. However, a proper understanding of the agency’s internal processes can be helpful in developing successful licensing strategies. The key changes are summarized below.