Up & Atom

KEY TRENDS IN LAW AND POLICY REGARDING
NUCLEAR ENERGY AND MATERIALS
The US Department of Energy (DOE) and US Nuclear Regulatory Commission (NRC) recently published a joint addendum to their memorandum of understanding (MOU) on the shared roles and responsibilities of each agency to develop the DOE Advanced Reactor Demonstration (ARD) program.
The US House of Representatives Energy Subcommittee within the Committee on Science, Space, and Technology unanimously approved H.R. 6097 (Nuclear Energy Research and Development Act) on March 12. Representatives Dan Newhouse (R-WA) and Conor Lamb (D-PA) jointly introduced the bill.
The US House of Representatives Committee on Science, Space, and Technology is requesting feedback on the proposed Nuclear Energy Research and Development Act by Wednesday, February 19. The Committee hopes to introduce the bill by the end of the month.
On February 5, DOE released a Request for Information/Notice of Intent (RFI/NOI), which announced DOE’s intent to solicit applications for two Advanced Reactor Demonstration (ARD) awards. Each award will be in the amount of $80 million for the first year, with additional funding dependent on individual project requirements and congressional appropriations. The projects are expected to be operational within five to seven years of the award.
Our energy lawyers have prepared a LawFlash addressing the notice of proposed rulemaking (NPRM), “Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act,” published today in the Federal Register by the White House’s Council on Environmental Quality (CEQ).
The US Department of Energy (DOE) is requesting comments on whether there is a sufficient supply of molybdenum-99 (Mo 99) to meet medical needs without the export of highly enriched uranium (HEU) from the United States. Comments are due by December 27, 2019.
The US Department of Energy (DOE) published a notice of proposed rulemaking (NOPR) in the October 3 Federal Register to establish procedures for imposing civil monetary penalties for violations of 10 CFR Part 810 (Part 810). Notably, DOE also proposes a maximum penalty, per violation, of $102,522.
The US Department of Energy (DOE) published a final rule in the August 2 Federal Register that revises DOE’s Contractor Employee Protection Program. The program appears in 10 CFR Part 708 (Part 708) and extends employee protections to employees of DOE contractors and subcontractors modeled after the protections for federal employees that appear in the Whistleblower Protection Act, 5 USC §§ 1201 et seq. DOE’s Office of Administrative Appeals (OHA) administers the Part 708 program.
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 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).