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Alex Polonsky, Timothy P. Matthews, Jane Accomando, Ryan K. Lighty

Up & Atom

KEY TRENDS IN LAW AND POLICY REGARDING
NUCLEAR ENERGY AND MATERIALS

NRC and FERC Commissioners Discuss Energy Industry Challenges at 2024 Joint Meeting

By Jane Accomando and Erin McClelland
// January 30, 2024
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.
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Topics: Cybersecurity, Energy, FERC, License Renewal, Licensing, NERC, NRC, Nuclear, Reliability, Security, SMR

NRC Provides Emergency Preparedness Flexibility for SMRs and Advanced Reactors

By Patrick R. Pennella , Jane Accomando , and Alex Polonsky
// November 27, 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).
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Topics: Advanced Reactors, Energy, NRC, Nuclear, Nuclear New Build, Rulemaking, Security, SMR

NRC Finalizing Emergency Preparedness Rule for New Reactor Designs

By Alex Polonsky , Jane Accomando , and Patrick R. Pennella
// September 12, 2023
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.
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Topics: Advanced Reactors, Energy, NRC, Nuclear, Nuclear New Build, Rulemaking, Security, SMR

NRC Further Revises Guidance on Cybersecurity Programs for Nuclear Power Reactors

By Jane Accomando and Robert P. Goldfin
// August 10, 2023
As we have previously reported, the Nuclear Regulatory Commission (NRC) is issuing revised guidance for cybersecurity programs for nuclear power reactors for the first time in over a decade. Earlier this year, the NRC updated Regulatory Guide (RG) 5.71, “Cyber Security Programs for Nuclear Power Reactors” (Revision 1), with guidance on meeting the cybersecurity requirements described in Section 73.54 of Title 10 of the Code of Federal Regulations, “Protection of digital computer and communication systems and networks.”
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Topics: Cybersecurity, Energy, Enforcement, NRC, Nuclear Energy, Security

NRC Updates Guidance on Cybersecurity Programs for Nuclear Power Reactors

By Jane Accomando and Robert P. Goldfin
// February 24, 2023
After 13 years, the Nuclear Regulatory Commission has issued revised guidance for cybersecurity programs for nuclear power reactors. All nuclear power reactor owners must review the NRC’s latest guidance and confirm their cybersecurity programs are in compliance.
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Topics: Cybersecurity, Energy, Enforcement, NRC, Nuclear Energy, Security

NRC Provides Details on ‘Information-Sharing Agreements’ for CUI

By Ryan K. Lighty and Alex Polonsky
// December 20, 2022
On December 8, the NRC issued Regulatory Issue Summary (RIS) 2022-03 detailing its plans regarding the use of “Information-Sharing Agreements” to share controlled unclassified information (CUI) with non-executive branch entities. The NRC is targeting the summer of 2023 to begin establishing formal agreements with NRC licensees, applicants, certificate of compliance (CoC) holders, agreement state radiation control program directors, state liaison officers, and tribes.
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Topics: Rulemaking, Security, Sensitive Unclassified Information

NRC Issues Guidance Update to Cybersecurity Programs for Nuclear Power Reactors

March 14, 2022
The NRC held a public meeting on March 4 to discuss the issuance for public comment of draft regulatory guide (DG) DG-5061, Revision 1, Cyber Security Programs for Nuclear Power Reactors. DG-5061, Revision 1 would revise Regulatory Guide (RG) 5.71, which provides NRC licensees with guidance on meeting the cybersecurity requirements described in Section 73.54 of Title 10 of the Code of Federal Regulations, “Protection of digital computer and communication systems and networks.”
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Topics: Cybersecurity, NRC, Security

Commission Denies NRC Staff Request to Discontinue ISFSI Security Rulemaking

By Ryan K. Lighty
// February 02, 2022
The Commission recently issued SRM-SECY-19-0100, in which it disapproved, by a 2-to-1 vote, a request made by the NRC staff that sought approval to discontinue the Independent Spent Fuel Storage Installation (ISFSI) Security Requirements rulemaking and deny a related petition for rulemaking filed by C-10 Research and Education Foundation Inc.
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Topics: NRC, Rulemaking, Security, Spent Fuel

SUNSI You Later: NRC Moves Closer to 2022 CUI Implementation with Rulemaking Recommendation

By Alex Polonsky and Ryan K. Lighty
// December 30, 2021
On December 10, the NRC staff issued SECY-21-0105 seeking approval from the NRC commissioners to publish a notice of final rule that would officially replace the NRC's sensitive unclassified non-safeguards information (SUNSI) program with a Controlled Unclassified Information (CUI) program. The new rules would appear in 10 CFR Part 2, "Agency Rules of Practice and Procedure," and be consistent with the government-wide rules on CUI in 32 CFR Part 2002.
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Topics: Rulemaking, Security, Sensitive Unclassified Information

Sunset on SUNSI: NRC Moves Closer to Implementing CUI Program

By Alex Polonsky and Ryan K. Lighty
// December 08, 2021
Several years ago, the US government embarked on a project to standardize federal agency programs—including the NRC’s—for managing unclassified-but-sensitive information. At the NRC, this government-wide Controlled Unclassified Information (CUI) program is intended to replace the agency’s Sensitive Unclassified Non-Safeguards Information (SUNSI) program.
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Topics: Rulemaking, Security, Sensitive Unclassified Information
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