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An NRC working group released a report on July 23 after conducting a “fundamental” review of 10 CFR Part 110 (Part 110) and the NRC’s readiness to license exports of advanced reactors and their associated nuclear material. The NRC concluded that it “is generally ready to license the export of advanced reactors and their associated materials and components,” but Part 110 could “benefit” from some clarifications because it generally is focused on light-water reactor (LWR) technology. The NRC’s proactive review is welcome news, demonstrating the agency’s commitment to becoming ready to license the next generation of nuclear reactor designs.

The US Department of Energy’s National Nuclear Security Administration (NNSA) has submitted its annual report on Transfers of Civil Nuclear Technology to Congress for fiscal year (FY) 2020. The report fulfills the agency’s obligation under Section 3136(e) of the National Defense Authorization Act for Fiscal Year 2016 to submit an annual report covering its review of applications under 10 CFR Part 810 to transfer US civil nuclear technology to foreign persons. Morgan Lewis tracks these annual reports; see link to our full analysis of the prior report (for FY 2019).

Executive Order 13920, “Securing the United States Bulk-Power System,” issued on May 1 limits the US use of bulk-power system equipment produced by “foreign adversaries.”
The US Department of Energy’s National Nuclear Security Administration (NNSA) submitted its annual report on Transfers of Civil Nuclear Technology to Congress for fiscal year (FY) 2019. The report fulfills the agency’s obligation under Section 3136(e) of the National Defense Authorization Act for Fiscal Year 2016 to submit an annual report covering its review of applications to transfer US civil nuclear technology to foreign persons.
A final rule issued by the US Department of Commerce’s Bureau of Industry and Security (BIS) on April 28 broadens license requirements in Part 744 of the Export Administration Regulations (EAR) to include military end users in China.
The US Department of Energy’s National Nuclear Security Administration (NNSA) recently posted guidelines on its continued operations during the coronavirus (COVID-19) pandemic. While NNSA personnel are mostly working remotely, the agency is otherwise operating business-as-usual.
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.
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.
The NRC recently took the somewhat unusual step of issuing a Regulatory Issue Summary (RIS) to clarify reporting requirements for certain exports.