Up & Atom

KEY TRENDS IN LAW AND POLICY REGARDING
NUCLEAR ENERGY AND MATERIALS
The NRC published a draft interim staff guidance (ISG) on June 15, 2023, reemphasizing limitations on the use of funds previously reported to the NRC as providing radiological decommissioning funding assurance (DFA).
The US Nuclear Regulatory Commission (NRC) requires nuclear power reactor licensees to maintain decommissioning cost estimates and to adjust those estimates periodically to account for inflation and other matters, pursuant to Title 10 of the Code of Federal Regulations (10 CFR) 50.75, “Reporting and Recordkeeping for Decommissioning Planning.” These periodic updates must consider various factors, including: (1) increased labor costs; (2) increased energy costs; and (3) increased waste burial costs.
The NRC published a notice of a petition for rulemaking from the Tribal Radioactive Materials Transportation Committee (TRMTC) in the Federal Register on April 9 asking the NRC to revise 10 CFR Part 37 to require that licensees provide advanced notification to participating tribal governments of certain radioactive material shipments that will cross a tribe’s reservation.
The Consolidated Appropriations Act, 2021, signed into law on December 27, includes the Energy Act of 2020 (Energy Act) and the Taxpayer Certainty and Disaster Tax Relief Act of 2020 (Taxpayer Act), which contains tax provisions important to the energy sector.
Under the substantial weight of industry, state, and public pressure, the NRC today published a notice in the Federal Register (85 FR 81960) announcing its withdrawal of its proposed highly controversial reinterpretation of its low-level radioactive waste disposal regulations. The NRC concluded, after consideration of comments, that the proposed changes would not benefit the overall LLW regulatory framework.
A federal grand jury in the Eastern District of Kentucky issued an indictment against an individual for transportation of radioactive material generated from fracking activities without compliance with US Department of Transportation hazardous materials regulations.
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).