Up & Atom

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).

In a final rule published in the Federal Register on October 19, 2023, the NRC amended its regulations at 10 CFR 140.11 to increase the amount of third-party liability coverage required under the Price-Anderson Act, Section 170 of the Atomic Energy Act (42 USC 2210) (Price-Anderson) for large reactor licensees (i.e., reactors with a rated capacity of ≥100 MWe) from $450 million to $500 million per incident.

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 US Nuclear Regulatory Commission (NRC) recently published a memorandum from the Office of Nuclear Reactor Regulation (NRR) documenting planned changes to the NRR’s Safety Culture Inspection Program. The NRC expects to implement these changes by the end of 2023.

As fiscal year 2024 approaches, a partial government shutdown looms on the horizon once more. This would be the first partial government shutdown since the 36-day shutdown that began in late December 2018 and ended on January 25, 2019. While the NRC was unaffected by that shutdown because its FY 2019 budget had been enacted, at this time Congress has not passed any of the annual appropriation bills for FY 2024, including that for the NRC.

In a Federal Register Notice published September 5, 2023, the NRC amended its regulations to be effective October 5, 2023, to adjust for inflation the maximum total and annual deferred premium amounts for the “secondary layer” of offsite liability coverage, as required by the Price-Anderson Act, as amended, Section 170 of the Atomic Energy Act (42 USC 2210) (Price-Anderson).

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 US Nuclear Regulatory Commission (NRC) published an order in the Federal Register on August 14, 2023 suspending the general license to export special nuclear material, source material, and deuterium for nuclear end use to China. Under the NRC’s order, which is effective immediately, any person wishing to export special nuclear material, source material, or deuterium to China must apply for, and receive, a specific license before they can make the export.

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.

The NRC’s Office of Enforcement (OE) recently published its Enforcement Program Annual Report for Calendar Year 2022. In 2022, the NRC issued 73 escalated enforcement actions to licensees, non-licensees, and individuals. This is 13 more than in 2021, an increase of 22%, and is higher than the five-year average of 60. Even so, this remains below the highs seen in 2016 and 2017, which had more than 80 each year. Non-escalated enforcement actions also increased in 2022 for reactor and materials licensees.