Up & Atom

KEY TRENDS IN LAW AND POLICY REGARDING
NUCLEAR ENERGY AND MATERIALS

NRC staff proposed to the Commission (see SECY-2019-067) certain changes to the Reactor Oversight Process (ROP) on June 28. Overall, these changes, if approved by the Commission, will result in a net reduction in the amount of time the NRC spends on planning and implementing certain inspections, and how it addresses the results of those inspections in the ROP.

The Ohio House of Representatives approved HB 6 on July 23, providing up to $150 million in financial support for the two operating nuclear plants in the state. A version of the House bill was passed by the Ohio Senate last week, and Governor Mike DeWine signed the bill into law shortly after the legislation passed the House.
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.
On June 24, the US Supreme Court issued its opinion in Food Marketing Institute v. Argus Leader Media, expanding the scope of information protected under Exemption 4 of the Freedom of Information Act (FOIA).
To address national security interests and prevent the unauthorized transfer of scientific and technical information to certain foreign entities, the US Department of Energy (DOE) issued Order No. 486.1 on June 7.
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.
Representative Elaine Luria (D-VA-02) introduced the Nuclear Energy Leadership Act (NELA) (H. 3306) into the House of Representatives on June 18. According to a press release from the congresswoman’s website, NELA will help to “create high-quality jobs, strengthen national security, reduce foreign energy dependence, and promote emissions-free energy.”
The US Supreme Court issued its decision on June 17 in the case of Virginia Uranium, Inc. v. Warren. The Court affirmed the decision of the US Court of Appeals for the Fourth Circuit, which held that the Atomic Energy Act does not preempt Virginia’s statutory prohibition on uranium mining.
Staff members from the US Nuclear Regulatory Commission’s (NRC’s) Office of Nuclear Security and Incident Response and Office of Nuclear Reactor Regulation held a public meeting on June 17 to discuss a summary of the Assessment of the NRC’s Power Reactor Cyber Security Program.
The US Department of Energy (DOE) issued a Supplemental Federal Register Notice on June 5 that addresses its interpretation of what constitutes high-level radioactive waste (HLW).