Up & Atom

KEY TRENDS IN LAW AND POLICY REGARDING
NUCLEAR ENERGY AND MATERIALS
The US Department of Energy (DOE) published on January 31 two secretarial determinations in the Federal Register that change the countries that are eligible for general authorizations under 10 CFR Part 810 (Part 810). The first secretarial determination changed the status of Mexico to a fully generally authorized destination, while the second removed Colombia and Egypt from the list of countries eligible for a general authorization.
Good news for Mexico—and a potential farewell to Egypt and South Africa: It’s time to look out for the Department of Energy National Nuclear Security Administration’s (NNSA) changes to the list of generally authorized countries that appear in Appendix A to 10 CFR Part 810 (Appendix A).
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.
The US Supreme Court rang eight bells on March 29, rejecting the petition by US Navy sailors to review last year’s Ninth Circuit decision upholding dismissal of their lawsuit in Cooper v. Tokyo Electric Power Co. Holdings Inc. The Supreme Court’s rejection ends the long-running litigation stemming from claims of injury by US Navy sailors deployed to Japan to provide humanitarian assistance after the March 2011 earthquake and tsunami off the coast of Japan. The sailors claimed injury from radiation emitted from the damaged Fukushima-Daichi power plant and sued plant operator Tokyo Electric Power Holdings Inc. (TEPCO) and reactor designer General Electric Company (GE) for negligence, strict product liability, and wrongful death.
As we reported in 2019, the United Kingdom’s withdrawal from the European Union, which occurred on January 31, 2020, included the United Kingdom’s exit from the European Atomic Energy Community (Euratom). Exports of nuclear materials, goods, and services from the United States to each of the 27 member countries of Euratom are governed under the United States–Euratom Agreement and the Euratom Cooperation Act of 1958.
A bipartisan group of four senators has introduced a bill that would amend the Atomic Energy Act to require the US Department of Energy (DOE) to submit to Congress quarterly reports providing information about industry’s and DOE’s activities under 10 CFR Part 810.