Up & Atom

KEY TRENDS IN LAW AND POLICY REGARDING
NUCLEAR ENERGY AND MATERIALS
Leaders from 34 countries met in Brussels, Belgium on March 21 for the first Nuclear Energy Summit. The purpose of the summit was to provide participating governments the opportunity to share their vision and plans for using nuclear power to achieve net-zero emissions and promote sustainable development.
The US Environmental Protection Agency’s (EPA’s) Integrated Risk Information System (IRIS) program published for public comment a draft protocol for reassessing the noncancer health effects of natural and depleted uranium via oral ingestion on February 14, 2024. The reassessment will examine whether newly available literature review or scientific analysis data could be considered for updating current hazards or whether there are additional health hazards related to uranium exposure.
The US Nuclear Regulatory Commission (NRC) has issued a proposed rule to amend the licensing, inspection, special project, and annual fees charged to applicants and licensees. The proposed amendments are necessary under the Nuclear Energy Innovation and Modernization Act (NEIMA) to ensure the NRC recovers approximately its full annual budget, except funds for specific excluded activities. Among other changes, the NRC proposes decreasing the annual fee for the operating power reactors fee class by $4,000—approximately 0.07%—from $5.492 million in fiscal year 2023 to $5.488 million.
The Commissioners of the Nuclear Regulatory Commission (NRC) and Federal Energy Regulatory Commission (FERC) conducted a biennial joint meeting on January 25, 2024. The biennial meetings allow the Commissioners to hear presentations from industry experts, learn about the challenges facing the energy industry, and determine how the commissions can assist each other based on their respective regulatory authorities.
The US Nuclear Regulatory Commission (NRC) recently published its annual vendor newsletter, The Vendor Times, documenting findings of NRC vendor inspection staff and lessons learned related to the vendor inspection program. The newsletter follows the NRC’s November 20 vendor inspection program self-assessment for fiscal year 2023. Through these two issuances, the NRC noted an increase in enforcement findings and indicated that it will focus on 10 CFR Part 21 and supplier oversight compliance during future inspections.
The US Department of Energy (DOE) recently published a notice of proposed rulemaking (NOPR) and request for comments in the Federal Register proposing a comprehensive revision of the Department of Energy Acquisition Regulation (DEAR). DOE’s proposal strives to update and streamline the DEAR’s policies, procedures, provisions, and clauses. DOE invites the public to submit written comments regarding this NOPR through the Federal eRulemaking Portal by no later than December 26, 2023.
The US Nuclear Regulatory Commission (NRC) has issued a final rule and associated regulatory guide providing an alternative avenue for small modular reactors (SMRs) and advanced reactors to satisfy emergency preparedness requirements. The long-anticipated rulemaking allows SMRs and advanced reactor license applicants to develop performance-based emergency preparedness programs instead of using the current prescriptive offsite radiological emergency planning requirements originally designed for large light-water reactors (LWRs).
Over the course of 2023, the US Nuclear Regulatory Commission (NRC) has started to develop a regulatory framework for fusion energy systems. Significantly, and as we previously reported, NRC decided to modify the existing process for licensing the use of byproduct materials contained in 10 CFR Part 30 to regulate nuclear fusion. NRC has now issued preliminary proposed rule language for the licensing and oversight of a broad array of fusion systems currently under development.
The Nuclear Regulatory Commission (NRC) has announced that it intends to issue, by the end of 2023, the final rule and associated regulatory guide that sets emergency preparedness requirements for new reactors. The rulemaking will allow small modular reactor (SMR) and advanced reactor license applicants to develop performance-based emergency preparedness programs as an alternative to the current offsite radiological emergency planning requirements. This rulemaking is a significant development toward providing flexibility in meeting the NRC’s emergency preparedness requirements.
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.