Up & Atom

KEY TRENDS IN LAW AND POLICY REGARDING
NUCLEAR ENERGY AND MATERIALS
On December 17, the NRC published a report to Congress on the continuing need for and any potential modifications to the Price-Anderson Act (PAA). The NRC was required to submit the report, “Public Liability Insurance and Indemnity Requirements for an Evolving Commercial Nuclear Industry,” by the end of 2021.
The US Department of Energy (DOE) is seeking public comment on the need to continue or modify the portion of the Price-Anderson Act that it administers, as it prepares a report to Congress. The Price-Anderson Amendments Act of 2005 (codified at 42 USC 2210(p)) requires DOE to submit this report to Congress by the end of December of this year. The deadline to submit comments is August 25, 2021.
As noted in this article by Morgan Lewis antitrust lawyers, the role of antitrust laws in labor markets, including in the energy field, remains a key area of focus by enforcers, including the Antitrust Division of the US Department of Justice and the Federal Trade Commission.
The Nuclear Regulatory Commission’s (NRC’s) Assistant Inspector General for Audits issued a memorandum on August 20 on the status of recommendations based on the Office of Inspector General’s (OIG’s) Audit of NRC’s Cyber Security Inspections at Nuclear Power Plants (OIG-19-A-13). As previously reported on Up & Atom, OIG recommended that the NRC work to close the critical skill gap for future cybersecurity inspection staffing, and develop and implement cybersecurity performance measures for licensees to use to demonstrate sustained program effectiveness. Based on the NRC’s July 3, 2019, response, OIG has issued this status of recommendations.
Following the July 12, 2019, release of “Power Reactor Cyber Security Program Assessment,” the Nuclear Regulatory Commission’s (NRC’s) Director of Physical and Cyber Security Policy in the Office of Nuclear Security and Incident Response issued a memorandum to NRC Staff on August 6, 2019.
On July 25, 2019, the United States Government Accountability Office (GAO) released GAO-19-384, a report to congressional requesters analyzing the cybersecurity risk management of 23 civilian agencies—including the Nuclear Regulatory Commission (NRC).