The US Department of the Treasury’s Committee on Foreign Investment in the United States (CFIUS) published proposed rule changes on May 21 addressing when parties must notify the Committee of proposed transactions. The current regulations require parties to file a notice when the target US business is classified by one of 27 North American Industry Classification System (NAICS) Codes. The proposed regulations would rely on the US export control regulations and regimes – and not on NAICS codes – to determine when parties must notify CFIUS. In short, although the proposed changes represent an expansion of the potential industries affected by the mandatory declaration requirements through the elimination of the 27 NAICS codes, they narrow the focus for the nuclear industry to those foreign persons (and the countries where they are located) that are subject to export licensing requirements.

The US Department of Energy (DOE) has announced new key dates for companies considering applying for funding for its Advanced Reactor Demonstration (ARD) program. Morgan Lewis previously reported on the ARD Funding Opportunity Announcement (FOA), including the different funding pathways available for applicants and key due dates.

DOE has since updated the ARD website to reflect changes to some of these dates, and add additional ones.

The US Department of Energy (DOE) released a Funding Opportunity Announcement (FOA) for its Advanced Reactor Demonstration (ARD) program on May 14. The program seeks to accelerate advanced nuclear reactor technologies through private-sector cost sharing, with the goal of commercially demonstrating at least two advanced reactor designs by the mid-2020s, and reducing risk for technologies that would be ready to deploy in the 2030s.

Morgan Lewis previously reported on DOE’s initial Request for Information for the ARD program and the related Memorandum of Understanding between DOE and NRC. Letters of intent are due by June 11, and applications due by August 12.

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.” The NRC foresees small-scale ANR applicants incorporating the GEIS by reference and including additional site-specific information in a Supplemental Environmental Impact Statement (SEIS) to streamline the NRC review process required under the National Environmental Policy Act (NEPA).

The Nuclear Regulatory Commission (NRC) Executive Director for Operations recently issued SECY-20-0032, requesting the Commission’s approval of a seven-year rulemaking plan for a “Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors.” Congress required the rulemaking as part of the Nuclear Energy Innovation and Modernization Act (NEIMA), which became law earlier this year.

The US Department of Energy (DOE) and US Nuclear Regulatory Commission (NRC) recently published a joint addendum to their memorandum of understanding (MOU) on the shared roles and responsibilities of each agency to develop the DOE Advanced Reactor Demonstration (ARD) program. The goal of the ARD program is to “focus DOE and non-federal resources on actual construction of real demonstration reactors.” Morgan Lewis previously reported on the ARD program in February.

The US House of Representatives Energy Subcommittee within the Committee on Science, Space, and Technology unanimously approved H.R. 6097 (Nuclear Energy Research and Development Act) on March 12. Representatives Dan Newhouse (R-WA) and Conor Lamb (D-PA) jointly introduced the bill.

The bill, which Morgan Lewis previously reported on in February, proposes more than 10 new programs to facilitate the creation and innovation of advanced nuclear reactor technology in the private sector, as well as to maintain existing reactors in the United States.

Representative Lamb commented that the bill would help save “today’s jobs and create more for tomorrow,” and Representative Newhouse emphasized that nuclear power will play a “critical role” as “the United States continues to lead in reducing carbon emissions.”

The bill has gained substantial support from various nuclear industry advocacy groups, including the US Nuclear Industry Council and the Nuclear Energy Institute.

We will continue to monitor the bill’s progression through the legislative process.

In SECY 20-0020, issued on February 28, the NRC Staff informed the Commission of its conclusion that developing a generic environmental impact statement (GEIS) for advanced nuclear reactors (ANRs) is viable.

The SECY paper explains that the exploratory process for developing a GEIS for ANRs “focused on a non-light-water reactor that generates an output of approximately 30 Mwt [megawatts thermal] or less.” Although the scope is currently limited, the NRC Staff expects that the GEIS could expand to eventually include other types of ANRs with higher power levels.

The US House of Representatives Committee on Science, Space, and Technology is requesting feedback on the proposed Nuclear Energy Research and Development Act by Wednesday, February 19. The Committee hopes to introduce the bill by the end of the month.

The act proposes more than 10 new programs to facilitate the creation and innovation of advanced nuclear reactor technology in the private sector, as well as to maintain existing reactors in the United States. Several programs are highlighted below.

The Light Water Reactor Sustainability Program authorizes the secretary of energy to establish a program to support existing plants in the United States. The program would focus on research and development of technologies that will “modernize and improve” vital aspects of the reactors, including reliability, component aging, and safety.

On February 5, DOE released a Request for Information/Notice of Intent (RFI/NOI), which announced DOE’s intent to solicit applications for two Advanced Reactor Demonstration (ARD) awards. Each award will be in the amount of $80 million for the first year, with additional funding dependent on individual project requirements and congressional appropriations. The projects are expected to be operational within five to seven years of the award.

Between two and five applicants who are not selected for one of the two ARD awards may be considered for a separate Risk Reduction award, if the project represents diversity of advanced reactor designs. The awards will address technical risks in each applicant’s reactor design. The total amount of the awards will be $30 million for the first year.