https://www.morganlewis.com/rss/blogsBlogs RSS Feed117https://www.morganlewis.com/blogs/upandatom/2026/05/doe-adds-thailand-to-part-810-generally-authorized-destination-listThe US Department of Energy (DOE) published a Secretarial Determination in the Federal Register on May 14, 2026 adding the Kingdom of Thailand to the list of Generally Authorized destinations in Appendix A to 10 CFR Part 810. In doing so, the administration eases regulatory burdens for US civil nuclear technology exports to an important economy in Southeast Asia.Fri, 15 May 2026 00:00:00 -0500a5360f73-fea1-4a4d-8aea-f26e73663a1bEnergy & InfrastructureUnited StatesEnergyNuclear EnergyENEAlex PolonskyChristopher William Pisano, Jr.https://www.morganlewis.com/blogs/upandatom/2026/05/nrc-eases-foreign-ownership-restrictions-opening-us-nuclear-sector-to-investmentThe NRC is codifying a sea change to its regulations regarding foreign ownership, control, or domination (FOCD) of utilization or production facilities. On April 26, 2026, the NRC issued a direct final rule and a companion proposed rule to relax its FOCD restriction by exempting countries that are members of the Organisation for Economic Co-operation and Development (OECD) and the Republic of India.Fri, 01 May 2026 00:00:00 -050009b3780c-020a-4a5f-b9a4-ab128f616b1fCorporate, Finance & Investment ManagementEnergy & InfrastructureUnited StatesEnergyNuclear EnergyCBTENETimothy P. MatthewsBrooke Poole ClarkScott D. Clausenhttps://www.morganlewis.com/blogs/upandatom/2026/05/nrc-reorganization-aligns-staff-to-changes-in-commissions-strategic-directionThe NRC has released an overview of its most significant agency reorganization since 1987. The effort is “designed to streamline decision-making, consolidate functions, and enhance alignment with national priorities for the safe and efficient deployment of innovative nuclear technologies.”Fri, 01 May 2026 00:00:00 -050029c33521-68e9-4575-a839-42eb8e15a521Corporate, Finance & Investment ManagementEnergy & InfrastructureUnited StatesEnergyNuclear EnergyCBTENEBrooke Poole ClarkTimothy P. Matthewshttps://www.morganlewis.com/blogs/upandatom/2026/04/nrc-moves-to-again-sunset-aircraft-impact-assessment-ruleThe NRC recently reissued a final rule to insert a conditional sunset date into the aircraft impact assessment (AIA) requirements of 10 CFR § 50.150 in response to Executive Order 14270, Zero-Based Regulatory Budgeting to Unleash American Energy . The NRC took this action after withdrawing the AIA portion of its earlier direct final sunsetting rule in response to significant public input (on which we previously wrote ). This final rule addresses the significant adverse comments and reflects the NRC’s decision to proceed with sunsetting the AIA requirements on a conditional basis.Fri, 10 Apr 2026 00:00:00 -050002b0cee7-17c8-41c9-92c6-e5db5c1e9a54Corporate, Finance & Investment ManagementEnergy & InfrastructureUnited StatesEnergyNuclear EnergyCBTENERyan K. LightyBrooke Poole ClarkJoseph Azeizathttps://www.morganlewis.com/blogs/upandatom/2026/04/continuing-its-reform-push-nrc-approves-significant-revisions-to-reactor-oversight-processThe NRC recently approved the most substantial revisions to the Reactor Oversight Process (ROP) since its April 1, 2000 implementation . In SRM-SECY-26-0014 , the Commission approved revisions to the ROP’s baseline inspection program and the inspection finding screening process applicable to the current fleet of large, light-water power reactors. In SRM-SECY-26-0015 , the Commission approved revisions to the security baseline inspection program, including the force-on-force inspection program. The revisions reflect an approximately 38% reduction in safety inspection resources and 50% reduction in security inspection resources.Tue, 07 Apr 2026 00:00:00 -050026a8d10c-36cb-417c-aef0-a434525fb792Corporate, Finance & Investment ManagementEnergy & InfrastructureUnited StatesEnergyCBTENEBrooke Poole ClarkTimothy P. MatthewsJane Accomandohttps://www.morganlewis.com/blogs/upandatom/2026/03/nrc-continues-environmental-review-reform-with-expanded-use-of-categorical-exclusionsThe Nuclear Regulatory Commission (NRC) recently issued a final rule, effective April 29, 2026, amending its regulations governing categorical exclusions for certain actions. As defined by the National Environmental Policy Act (NEPA), a categorical exclusion is a category of actions that a federal agency has determined normally does not significantly affect the quality of the human environment. The NRC’s categorical exclusions are implemented as part of its NEPA regulations (see 10 CFR §§ 51.14; 51.22).Tue, 31 Mar 2026 00:00:00 -0500201c3759-99f3-4e07-86e2-d65336362e58Energy & InfrastructureCorporate, Finance & Investment ManagementUnited StatesEnergyENECBTBrooke Poole ClarkTimothy P. Matthewshttps://www.morganlewis.com/blogs/upandatom/2026/03/nrc-proposes-regulatory-framework-for-fusionThe NRC (or the Commission) issued a proposed rule on February 26, 2026 to regulate commercial fusion under its byproduct material framework rather than as a traditional nuclear power reactor. These regulations aim to provide regulatory certainty at a pivotal commercialization phase for fusion, reducing ambiguity and regulatory burdens for capital providers and developers. The proposed rule implements the Commission’s 2023 decision to select the byproduct material pathway instead of utilizing facility or hybrid approaches.Wed, 04 Mar 2026 00:00:00 -0600c957c60f-bfac-4eca-bcc2-495c94e4fd50Energy & InfrastructureUnited StatesEnergyENERyan K. LightyBrooke Poole ClarkPatrick R. Pennellahttps://www.morganlewis.com/blogs/upandatom/2026/02/nrc-investigations-are-on-the-riseThe NRC’s Office of Investigations recently published its Annual Report for Fiscal Year (FY) 2025, summarizing its activities from October 1, 2024 through September 30, 2025. In FY 2025, OI opened 90 cases, a 9% increase from FY 2024. But OI also increased the number of case closures, closing 98 cases in FY 2025––a 20% increase from FY 2024. While investigations into alleged discrimination (i.e., alleged retaliation against nuclear whistleblowers) increased, the number of such investigations remained well below prepandemic levels. Further, an overall trend of increasing investigations of materials licensees continued into 2025.Tue, 24 Feb 2026 00:00:00 -06004a1a992c-0fbb-4f34-a27d-08dce63d201fEnergy & InfrastructureUnited StatesEnergyENETimothy P. MatthewsJane AccomandoScott D. Clausenhttps://www.morganlewis.com/blogs/upandatom/2026/01/nrc-confirms-effective-date-of-direct-final-rule-adding-conditional-sunset-dates-to-certain-regulationsThe NRC has issued a Federal Register notice confirming the January 8, 2026 effective date of its direct final rule implementing the requirements of Executive Order 14270, Zero-Based Regulatory Budgeting to Unleash American Energy. The direct final rule sets conditional sunset dates for several identified NRC regulations, meaning those rules will automatically expire one year after the rule’s effective date (i.e., January 8, 2027).Fri, 16 Jan 2026 00:00:00 -0600aec345df-893d-4933-930d-b686e4298a9bEnergy & InfrastructureUnited StatesEnergyENERyan K. LightyBrooke Poole ClarkJoseph Azeizathttps://www.morganlewis.com/blogs/upandatom/2026/01/with-a-new-chair-and-full-commission-nrc-enters-2026-poised-for-actionThe NRC saw major staffing transitions in 2025, including an unprecedented number of vacancies at the senior staff level. As 2026 kicks off, the Commission has returned to a full slate of five, and the agency has filled significant senior leadership roles.Thu, 15 Jan 2026 00:00:00 -06000d57052c-b383-484a-8763-7d2589ca8341Energy & InfrastructureUnited StatesEnergyENEBrooke Poole ClarkTimothy P. Matthewshttps://www.morganlewis.com/blogs/upandatom/2026/01/high-standards-marijuana-reclassification-and-nrc-fitness-for-duty-requirementsPresident Donald Trump recently signed an executive order directing the reclassification of marijuana under the Controlled Substances Act (CSA). This reclassification, along with the growing number of states that allow medical and recreational marijuana use, further complicates the legal landscape surrounding marijuana for NRC-regulated entities required to maintain a fitness-for-duty program.Mon, 05 Jan 2026 00:00:00 -0600763a752e-e03f-4ae2-a97e-2fff461785d0United StatesEnergyHealthcareBrooke Poole ClarkJane AccomandoScott D. Clausenhttps://www.morganlewis.com/blogs/upandatom/2025/12/national-defense-authorization-act-for-fy-2026-creates-holistic-strategy-to-support-us-nuclear-industry-leadershipThe National Defense Authorization Act for Fiscal Year 2026 (the NDAA) was signed into law by US President Donald Trump on December 18, 2025. Through the NDAA, the US Congress sets the year’s policy direction for the US Armed Forces. As an annual “must pass” bill, it also becomes a vehicle to move other legislative provisions through Congress. This year, the NDAA contained several key provisions important to the domestic nuclear industry with an eye toward facilitating and promoting the US nuclear industry abroad.Tue, 23 Dec 2025 00:00:00 -060079d289d8-1e07-42f9-81d3-9e26b4cddeecEnergy & InfrastructureUnited StatesEnergyENEChristopher William Pisano, Jr.Brooke Poole ClarkTimothy P. MatthewsAlex Polonskyhttps://www.morganlewis.com/blogs/upandatom/2025/12/proposed-guidance-for-evaluating-locas-encourages-early-adopters-of-new-approachesThe US Nuclear Regulatory Commission recently released Draft Interim Staff Guidance (ISG) DSS-ISG-2025-XX, Treatment of Certain Loss-of-Coolant Accident Locations as Beyond-Design-Basis Accidents. The draft guidance, if adopted, would allow the NRC staff to determine that certain break locations that would normally be analyzed as design-basis loss-of-coolant accidents (LOCAs) can be treated as beyond-design-basis accidents.Thu, 18 Dec 2025 00:00:00 -06001a20d088-6604-4088-adca-dd652765b9afEnergy & InfrastructureUnited StatesEnergyENETimothy P. MatthewsBrooke Poole ClarkChristopher William Pisano, Jr.https://www.morganlewis.com/blogs/upandatom/2025/12/secy-24-0009-explained-nrc-begins-reshaping-enforcement-framework-in-line-with-parallel-regulatory-reviewOn November 18, 2025, the US Nuclear Regulatory Commission issued its Staff Requirements Memorandum for SECY-24-0009, which proposed changes to the NRC Enforcement Policy governing regulated materials and civil penalties. The proposed changes reflect the NRC Office of Enforcement’s periodic review of its Enforcement Policy, undertaken every few years to identify appropriate significant revisions.Wed, 17 Dec 2025 00:00:00 -06007b5461b9-9720-4288-862c-f000b37c0e0fEnergy & InfrastructureUnited StatesEnergyENETimothy P. MatthewsBrooke Poole ClarkJoseph Azeizathttps://www.morganlewis.com/blogs/upandatom/2025/12/genesis-mission-white-house-aims-to-accelerate-ai-driven-scientific-discovery-including-energy-and-nuclear-researchThe White House recently issued an executive order establishing the “Genesis Mission,” a US Department of Energy (DOE)-led initiative aimed at accelerating scientific discovery using advanced AI. Nuclear energy was specifically highlighted as one of the key scientific areas for advancement.Wed, 10 Dec 2025 00:00:00 -06003be5ed72-5fef-45f9-868c-43eb4cdfa53bEnergy & InfrastructureUnited StatesEnergyENEJane AccomandoErin McClellandhttps://www.morganlewis.com/blogs/upandatom/2025/12/nrc-issues-final-rule-revising-certain-rules-of-practice-signaling-its-intentions-for-regulatory-reformUnder the auspices of Section 5 of Executive Order 14300, Ordering the Reform of the Nuclear Regulatory Commission, the Nuclear Regulatory Commission (NRC) published on November 26, 2025 an immediately effective final rule, Streamlining Select Rules of Practice and Procedure. The NRC rescinded a “discrete number” of its rules of practice as “either inconsistent with statutory requirements or duplicative of statutory requirements and other binding regulations.”Wed, 03 Dec 2025 00:00:00 -0600b861d273-8fb4-4022-a78b-c60cfb903eaeEnergy & InfrastructureUnited StatesEnergyENEBrooke Poole ClarkTimothy P. MatthewsAlex Polonskyhttps://www.morganlewis.com/blogs/upandatom/2025/11/us-agencies-expand-cooperation-to-accelerate-advanced-nuclear-developmentAs part of the response to four executive orders focused on expanding and accelerating the development and use of nuclear energy, the US Department of Energy and US Nuclear Regulatory Commission have signed Addendum 9 to their 2019 Memorandum of Understanding on Nuclear Energy Innovation. The October 24 addendum details how the agencies will coordinate their activities on advanced reactors and nuclear fuel technologies more efficiently to implement activities under the EOs. The addendum underscores a whole-of-government approach to demonstrating and licensing advanced reactors and speeding up the transition from research to commercial deployment.Mon, 17 Nov 2025 00:00:00 -060020788017-b4f7-45cc-acda-d47a6bc0e5bdEnergy & InfrastructureUnited StatesEnergyNuclear EnergyENEBrooke Poole ClarkAlex PolonskyRyan K. LightyJoseph Azeizathttps://www.morganlewis.com/blogs/upandatom/2025/10/speeding-up-deregulation-inside-oiras-new-streamlining-memorandumOn October 21, 2025, the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget issued Memorandum M-25-36, Streamlining the Review of Deregulatory Actions . The directive sets shorter timelines, encourages the use of legal exemptions to bypass lengthy procedures, and reduces consultation requirements with stakeholders, signaling a renewed push by OIRA to cut regulatory red tape. While the memorandum is aimed at accelerating regulatory reform, agencies must balance the benefits of speed against the potential for reduced regulatory stability.Wed, 29 Oct 2025 00:00:00 -0500014799a5-ffc0-4301-94b5-4b4b36247949Energy & InfrastructureUnited StatesEnergyENEBrooke Poole ClarkJoseph Azeizathttps://www.morganlewis.com/blogs/upandatom/2025/10/what-the-government-shutdown-means-for-the-nrc-and-its-licenseesThe federal government shut down at 12:01 am on October 1, 2025 in the absence of legislation to appropriate funds for government operations. In light of the temporary lapse of appropriations, agencies including the US Nuclear Regulatory Commission have suspended certain agency activities.Wed, 01 Oct 2025 00:00:00 -05005e0bd649-70d4-4c81-849e-53ec8f9b98b6Energy & InfrastructureEnergyENEBrooke Poole ClarkTimothy P. MatthewsJane Accomandohttps://www.morganlewis.com/blogs/upandatom/2025/09/advancing-transatlantic-nuclear-collaboration-a-new-era-of-us-uk-partnershipIn connection with President Donald Trump’s recent state visit to the United Kingdom, the United States and the United Kingdom unveiled a slate of new and expanded agreements designed to accelerate cooperation in nuclear energy, advanced technologies, and professional engagement. These deals are intended to be a significant step forward in our longstanding transatlantic alliance, aligning regulatory efforts, advancing innovation, and reinforcing the shared goal of a secure, clean energy future.Tue, 23 Sep 2025 00:00:00 -050001133abf-dbdb-4feb-8c53-d40c213276c7Energy & InfrastructureEnergyENEJane AccomandoErin McClellandhttps://www.morganlewis.com/blogs/upandatom/2025/09/doe-officially-welcomes-singapore-and-the-philippines-to-the-generally-authorized-clubOn September 16, 2025, the US Department of Energy published a secretarial determination in the Federal Register that officially adds Singapore and the Philippines to the list of generally authorized destinations in Appendix A to 10 CFR Part 810. This action represents a meaningful development that will ease the way for US civil nuclear exports to two key partners in Southeast Asia.Tue, 16 Sep 2025 00:00:00 -0500eb9f5e30-7168-441c-899b-b10534b50314Energy & InfrastructureEnergyENEAlex PolonskyJoseph Azeizathttps://www.morganlewis.com/blogs/upandatom/2025/08/us-states-continue-to-generate-nuclear-legislationThroughout 2025, several US states have taken steps to facilitate development of new nuclear reactors. Complementing several recent executive orders of the US administration in support of nuclear energy, including plans to bring new test reactors online by summer 2026 as part of the Reactor Pilot Program, states such as Illinois, Nebraska, Tennessee, Texas, and Virginia have also signaled support for nuclear energy through legislation, grants, and utility initiatives.Tue, 26 Aug 2025 00:00:00 -05006f1d0310-a703-4c46-a117-1431b7400615Energy & InfrastructureEnergyENEJane AccomandoPatrick R. Pennellahttps://www.morganlewis.com/blogs/upandatom/2025/08/nrc-nepa-overhaul-agency-plans-to-amend-regulations-in-10-cfr-part-51The Commission recently issued a Staff Requirements Memorandum (SRM) directing NRC Staff to revise the NRC’s National Environmental Policy Act of 1969 (NEPA) regulations at 10 CFR Part 51 and update related NRC guidance and policies. The NRC’s efforts are intended to streamline its NEPA process, consistent with broader federal agency trends, and implement efficiencies mandated by the Fiscal Responsibility Act of 2023 (FRA).Wed, 06 Aug 2025 00:00:00 -0500761b6bf4-1160-4fe4-991e-cce9842adfb4Energy & InfrastructureEnergyENERyan K. LightyRobert P. Goldfinhttps://www.morganlewis.com/blogs/upandatom/2025/07/nrc-more-than-doubles-duration-of-reactor-design-certificationsThe US Nuclear Regulatory Commission (NRC) recently issued a direct final rule extending the duration of design certifications (DCs) for nuclear reactors from 15 to 40 years. The rule will automatically go into effect on September 15, 2025, unless the NRC receives significant adverse comments from the public.Fri, 18 Jul 2025 00:00:00 -0500deda215d-0e22-4260-9096-42ce8485726fEnergy & InfrastructureEnergyENEJane AccomandoLea M. Giottohttps://www.morganlewis.com/blogs/upandatom/2025/07/nrc-finalizes-fy-2025-fee-rule-with-significant-break-for-advanced-reactor-applicantsThe US Nuclear Regulatory Commission (NRC) recently issued a final rule amending the licensing, inspection, special project, and annual fees for applicants and licensees for FY 2025, aligning with fee-related provisions in both the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy (ADVANCE) Act and the Nuclear Energy Innovation and Modernization Act (NEIMA). Notably, the rule introduces a targeted hourly rate reduction for advanced nuclear reactor developers, aimed at encouraging innovation while preserving full-cost recovery for routine regulatory functions.Mon, 07 Jul 2025 00:00:00 -05000867ca7e-868d-4fd1-8c53-46b82802398fEnergy & InfrastructureEnergyENEJane AccomandoTimothy P. MatthewsJoseph Azeizathttps://www.morganlewis.com/blogs/upandatom/2025/07/nrc-proposes-reactor-oversight-process-enhancementThe US Nuclear Regulatory Commission (NRC) staff recently submitted recommendations and planned actions to the Commission aimed at enhancing elements of the Reactor Oversight Process (ROP) consistent with the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy Act of 2024 (ADVANCE Act). These efforts would also in part be responsive to recently issued Executive Order 14300, “Ordering the Reform of the Nuclear Regulatory Commission.”Thu, 03 Jul 2025 00:00:00 -0500955b33b2-c1e3-42aa-a0f7-68943a5dcbbeEnergy & InfrastructureEnergyENETimothy P. MatthewsJane AccomandoJoseph Azeizathttps://www.morganlewis.com/blogs/upandatom/2025/06/leadership-at-the-nrc-hanson-dismissed-wright-nominated-for-reappointmentThe NRC is undergoing a period of transition, including the unexpected departure of Commissioner Christopher Hanson.Wed, 18 Jun 2025 00:00:00 -0500099380dd-4f04-4732-abb7-3225f96bdf43Energy & InfrastructureEnergyENEJane AccomandoArjun P. RamadevanahalliErin McClellandhttps://www.morganlewis.com/blogs/upandatom/2025/06/us-supreme-court-deference-owed-to-agency-decisions-on-the-scope-of-nepa-reviewsThe US Supreme Court continues to reshape administrative law. In its recent decision, Seven County Infrastructure Coalition v. Eagle County, Colorado , the Court unanimously (8-0) instructed federal courts to defer to administrative agencies on the depth and breadth of environmental reviews required by the National Environmental Policy Act (NEPA).Mon, 16 Jun 2025 00:00:00 -050071c068d9-2655-4080-9a93-a0d7b03bf795Energy & InfrastructureEnergyENEJane AccomandoScott D. Clausenhttps://www.morganlewis.com/blogs/upandatom/2025/05/nrc-withdraws-environmental-justice-policy-statementThe NRC recently withdrew its Policy Statement on the Treatment of Environmental Justice (EJ) Matters in NRC Regulatory and Licensing Actions (EJ Policy Statement). The NRC did so in response to Executive Order (EO) 14173 , signed by President Donald Trump on January 21, 2025, which aims to eliminate considerations of race, ethnicity, and diversity from federal government operations. EO 14173 formally withdrew several previous EOs that addressed EJ issues over the past three decades.Tue, 20 May 2025 00:00:00 -0500fcb1dbfe-728a-448a-8ff0-327d54b4366fRyan K. LightyScott D. Clausenhttps://www.morganlewis.com/blogs/upandatom/2025/04/licensing-microreactors-the-small-guy-might-be-the-most-nimbleSurging demand for generative artificial intelligence and data centers, among other drivers, in recent years has led to a revived interest in nuclear energy. While large nuclear power plants provide about 20% of our country’s electricity, progress is being made by the federal government and the private sector to bring small nuclear reactors, namely microreactors, to market.Tue, 22 Apr 2025 00:00:00 -0500c2a0935f-4ed0-4e2c-a3e5-6e79868f8afbEnergy & InfrastructureEnergyENEAlex PolonskyRyan K. LightyLea M. Giottohttps://www.morganlewis.com/blogs/upandatom/2025/03/national-energy-dominance-council-priorities-include-small-modular-reactorsPresident Donald Trump recently established the National Energy Dominance Council through an executive order aimed at increasing the United States’ energy production and achieving energy dominance. The executive order seeks to promote the use of US natural resources, including uranium, and the Council has been tasked with providing recommendations to the president within 100 days, including actions that can be taken to bring small modular nuclear reactors online.Mon, 03 Mar 2025 00:00:00 -060091e6dfb7-baed-4e9b-84dc-78d1eea3e400Energy & InfrastructureEnergyENEKirstin E. GibbsArjun P. RamadevanahalliJane AccomandoErin McClellandhttps://www.morganlewis.com/blogs/upandatom/2025/02/nrc-office-of-investigations-fy-2024-annual-report-shows-whistleblower-allegations-on-the-riseThe NRC’s Office of Investigations (OI) recently published its Annual Report for Fiscal Year 2024, summarizing its activities from October 1, 2023 through September 30, 2024. According to the annual report, OI opened 82 new cases in FY 2024, the same number it opened in FY 2023. But OI increased its number of case closures in FY 2024 and closed 82 cases compared to 72 closures in FY 2023, a 14% increase. In total, OI conducted 129 investigations in FY 2024. Below, we analyze how OI investigations compare to the previous fiscal year and significant OI investigations highlighted in the Annual Report.Wed, 26 Feb 2025 00:00:00 -06000e8c0840-3725-4a07-8699-5d68dcf97581Energy & InfrastructureEnergyENEJane AccomandoScott D. ClausenRobert P. Goldfinhttps://www.morganlewis.com/blogs/upandatom/2025/02/planning-a-reactor-power-uprate-time-to-get-in-line-at-the-nrcThe NRC recently issued Regulatory Issue Summary (RIS) 2025-02, which asks reactor licensees to voluntarily provide information about their plans for power-uprate licensing submittals. The NRC will use this information to set future budgets and project resource needs to review these anticipated applications. The anticipated spate of power uprates stems primarily from significant increases in power demand projections propelled by data centers, electrification, and other economic drivers. Although responses are voluntary, applicants who provide advance notice will receive priority in the NRC review process.Thu, 20 Feb 2025 00:00:00 -060088163fe4-8ae6-4996-955b-332b89f7f7bbEnergy & InfrastructureEnergyENERyan K. LightyScott D. Clausenhttps://www.morganlewis.com/blogs/upandatom/2025/02/united-states-and-thailand-sign-123-agreement-for-peaceful-nuclear-cooperationThe United States and Thailand signed an agreement on January 14, 2025 , which outlines peaceful nuclear cooperation between the two countries. The agreement is authorized by Section 123 of the Atomic Energy Act of 1954, as amended ( 42 USC § 2153 ) (AEA), and is known as a “123 Agreement.” That same day, former President Biden transmitted that 123 Agreement and a Nuclear Proliferation Assessment Statement (NPAS) to Congress for their review. Congress has 90 days of being in session to either disapprove or passively allow the Agreement to take effect.Thu, 20 Feb 2025 00:00:00 -0600b4864b02-ebb2-4454-a420-90fb7da38eeaAlex PolonskyScott D. Clausenhttps://www.morganlewis.com/blogs/upandatom/2025/02/federal-circuit-broadly-interprets-indemnity-provisions-in-the-price-anderson-actA recent decision by the US Court of Appeals for the Federal Circuit reinstated claims seeking indemnification under the Price-Anderson Act. In reversing a decision by the US Court of Federal Claims, the Federal Circuit affirmed the broad scope of the Price-Anderson Act’s contractual indemnity provision. In particular, the Federal Circuit found that the Price-Anderson Act requires the government to indemnify more entities than just those that directly contracted with the government. Instead, the statutory language contemplates indemnity to “any other person who may be liable for public liability.”Fri, 14 Feb 2025 00:00:00 -060095ee2a12-a906-4fab-899d-fa8a111a2890Energy & InfrastructureEnergyENEBrad FaggJane AccomandoScott D. Clausenhttps://www.morganlewis.com/blogs/upandatom/2024/12/us-spent-fuel-storage-liability-increases-while-other-countries-develop-geologic-repositoriesThe US Department of Energy’s failure to transport and store spent nuclear fuel (SNF) pursuant to the Nuclear Waste Policy Act has required the government to reimburse the industry for substantial storage costs, and future payments are expected to increase. The DOE expects that its SNF liability has increased approximately 10% within the past year. While there are no expectations for a spent fuel storage solution in the United States anytime soon, other countries are establishing nuclear waste repositories.Tue, 24 Dec 2024 00:00:00 -060076e50692-be27-441c-b422-4a901f7febc2Energy & InfrastructureEnergyENEJane AccomandoBrad FaggRobert P. Goldfinhttps://www.morganlewis.com/blogs/upandatom/2024/12/dc-circuit-upends-ceq-authority-but-will-the-decision-impact-nrc-actionsThe National Environmental Policy Act of 1969 (NEPA) requires federal agencies, including the Nuclear Regulatory Commission (NRC), to evaluate the potential environmental impacts of their proposed actions. That statute also established the White House Council on Environmental Quality (CEQ), which was tasked with issuing NEPA implementation guidelines.Tue, 03 Dec 2024 00:00:00 -0600648214ac-94ea-4ec5-9196-d2d21f3e11f3Energy & InfrastructureEnergyENERyan K. Lightyhttps://www.morganlewis.com/blogs/upandatom/2024/08/nrc-staff-lays-framework-for-the-agencys-ai-useThe demand for energy is anticipated to rise significantly due to the increased deployment of artificial intelligence (AI) technologies, which are highly energy intensive. As we discussed in a recent thought leadership piece, there is a strong intersection between nuclear power and AI. Not only is nuclear power generation well-positioned to address the growing need for powering AI, but the nuclear power industry and its primary regulator, the US Nuclear Regulatory Commission (NRC) are looking to leverage AI to increase efficiency and strategic decision-making.Thu, 22 Aug 2024 00:00:00 -0500c33c7741-4974-459f-91dc-3fc7575092b1Energy & InfrastructureEnergyENEJane AccomandoRobert P. GoldfinErin McClellandhttps://www.morganlewis.com/blogs/upandatom/2024/07/chevron-overturned-ruling-may-impact-challenges-to-nrc-actions-to-a-lesser-extent-than-other-agenciesThe US Supreme Court’s recent Loper Bright decision overturned its 1984 Chevron decision, which, over the last 40 years, had become a fundamental doctrine in administrative law. That doctrine, known as the “Chevron deference,” instructed reviewing courts to defer to agency interpretations of ambiguous statutory provisions if a permissible construction of the statute. While many agencies relied on Chevron deference to defend challenges to their rulemakings and other regulatory actions, the NRC has rarely needed to do so.Mon, 22 Jul 2024 00:00:00 -0500c6a95ae6-c1b2-4b42-ba7f-32d198120b80Energy & InfrastructureEnergyENERyan K. LightyScott D. Clausenhttps://www.morganlewis.com/blogs/upandatom/2024/06/nrc-annual-reports-allegations-rise-but-escalated-enforcement-actions-declineMorgan Lewis routinely assists licensees in connection with NRC allegations, investigations, and enforcement. The following are summaries of trends and findings in the NRC’s 2023 Allegation Program Annual Trends Report and Enforcement Program Annual Report.Tue, 04 Jun 2024 00:00:00 -05007b37d23e-4051-4dd5-8fa4-fa3a3355f528Energy & InfrastructureEnergyENEJane AccomandoRobert P. Goldfinhttps://www.morganlewis.com/blogs/upandatom/2024/05/congress-passes-legislation-to-ban-imports-of-russian-uraniumCongress recently passed legislation to ban imports of Russian uranium products into the United States. The Prohibiting Russian Uranium Imports Act (HR 1042) (the Act) was approved by the House of Representatives on December 11, 2023, and the Senate on April 30, 2024. President Biden plans to sign the bill, and the ban would go into effect 90 days later.Mon, 13 May 2024 00:00:00 -05004b17e996-cf01-4fb0-b9a9-8087ceb43f05Energy & InfrastructureEnergyENETimothy P. MatthewsAlex PolonskyScott D. Clausenhttps://www.morganlewis.com/blogs/upandatom/2024/05/nrc-releases-2023-reactor-oversight-process-self-assessment-resultsThe NRC’s Acting Executive Director for Operations recently issued the results from the NRC staff’s annual Reactor Oversight Process (ROP) self-assessment for calendar year 2023. Out of the 17 metrics it evaluated, the NRC staff found that two did not meet or exceed expected performance, resulting in “yellow” findings. This is an overall improvement from the 2022 self-assessment, which had two “yellow” and two “red” findings due, in part, to continuing challenges from the COVID-19 pandemic. Overall, the staff concluded that the “ROP remained effective in achieving its goals of being objective, risk-informed, understandable, and predictable, as well as in supporting the agency’s strategic goals.”Thu, 09 May 2024 00:00:00 -0500e03bb7a2-f551-4001-bb8b-97fe859c7240Energy & InfrastructureEnergyENEJane AccomandoScott D. Clausenhttps://www.morganlewis.com/blogs/upandatom/2024/05/us-congress-holds-hearing-on-spent-nuclear-fuel-disposalThe House Subcommittee on Energy, Climate, and Grid Security held a hearing on April 10, 2024 to examine federal responsibility for the permanent disposal of spent nuclear fuel (SNF), along with opportunities for mitigating disposal challenges—such as through reprocessing and recycling fuel—to advance nuclear energy for the nation.Wed, 08 May 2024 00:00:00 -05005daa2df1-a3f2-4cf6-8682-e1d883f458fcEnergy & InfrastructureEnergy LitigationEnergyENEJane AccomandoPatrick R. Pennellahttps://www.morganlewis.com/blogs/upandatom/2024/04/congress-gives-40-year-extension-for-price-anderson-nuclear-liability-frameworkWith the change of a single number, Congress has provided continued support for the nuclear power industry by renewing the Price-Anderson Act. Congress amended Section 170 of the Atomic Energy Act of 1954 (commonly known as the Price-Anderson Act or PAA) by changing its expiration date to December 31, 2065 from December 31, 2025. Congress also increased fourfold the liability coverage for DOE contractors for a nuclear incident occurring outside the United States to $2 billion from $500 million. Finally, Congress revised the definition of “nuclear incident” to remove requirements for the underlying nuclear material.Wed, 03 Apr 2024 00:00:00 -0500c9827ab0-38a1-4e5f-a049-b4d5814ae83eEnergy & InfrastructureEnergyENEAlex Polonskyhttps://www.morganlewis.com/blogs/upandatom/2024/03/nations-assemble-for-revolutionary-first-ever-nuclear-energy-summitLeaders from 34 countries met in Brussels, Belgium on March 21 for the first Nuclear Energy Summit. The purpose of the summit was to provide participating governments the opportunity to share their vision and plans for using nuclear power to achieve net-zero emissions and promote sustainable development.Wed, 27 Mar 2024 00:00:00 -0500137c811a-71c1-4ccc-bebf-dedcad40d362Energy & InfrastructureEnergyENEAlex PolonskyErin McClellandhttps://www.morganlewis.com/blogs/upandatom/2024/03/nrc-oi-annual-report-significant-jump-in-materials-licensee-and-discrimination-investigations-for-fy-2023The NRC’s Office of Investigations (OI) recently published its Annual Report for fiscal year 2023, summarizing its activities from October 1, 2022 through September 30, 2023. According to the annual report, OI opened 82 new cases in FY 2023 compared to 70 in FY 2022, a 17% increase. It also closed 72 cases in 2023 compared to 67 in FY 2022, a 7.5% increase.Tue, 05 Mar 2024 00:00:00 -0600a9cafde5-2b00-41e3-9728-4851d8a89997Energy & InfrastructureEnergyENETimothy P. MatthewsJane Accomandohttps://www.morganlewis.com/blogs/upandatom/2024/02/epa-seeks-comment-on-draft-protocol-for-reassessing-human-health-effects-from-ingesting-uraniumThe US Environmental Protection Agency’s (EPA’s) Integrated Risk Information System (IRIS) program published for public comment a draft protocol for reassessing the noncancer health effects of natural and depleted uranium via oral ingestion on February 14, 2024. The reassessment will examine whether newly available literature review or scientific analysis data could be considered for updating current hazards or whether there are additional health hazards related to uranium exposure.Mon, 26 Feb 2024 00:00:00 -0600805da8fe-6195-441c-a6f8-bd066730ad64Energy & InfrastructureEnergyENEAlex PolonskyErin McClellandhttps://www.morganlewis.com/blogs/upandatom/2024/02/nrc-proposes-adjustments-to-annual-fees-and-fee-schedulesThe US Nuclear Regulatory Commission (NRC) has issued a proposed rule to amend the licensing, inspection, special project, and annual fees charged to applicants and licensees. The proposed amendments are necessary under the Nuclear Energy Innovation and Modernization Act (NEIMA) to ensure the NRC recovers approximately its full annual budget, except funds for specific excluded activities. Among other changes, the NRC proposes decreasing the annual fee for the operating power reactors fee class by $4,000—approximately 0.07%—from $5.492 million in fiscal year 2023 to $5.488 million.Mon, 26 Feb 2024 00:00:00 -0600b8d4cb1f-3c8a-42c8-95f6-394db067bf54Energy & InfrastructureEnergyENEJane AccomandoRobert P. Goldfinhttps://www.morganlewis.com/blogs/upandatom/2024/01/nrc-and-ferc-commissioners-discuss-energy-industry-challenges-at-2024-joint-meetingThe Commissioners of the Nuclear Regulatory Commission (NRC) and Federal Energy Regulatory Commission (FERC) conducted a biennial joint meeting on January 25, 2024. The biennial meetings allow the Commissioners to hear presentations from industry experts, learn about the challenges facing the energy industry, and determine how the commissions can assist each other based on their respective regulatory authorities.Tue, 30 Jan 2024 00:00:00 -06001c8214dd-8eb9-44c8-94ff-50d3877f667fEnergy & InfrastructureCybersecurity, Incident Response & PrivacyEnergyENEACCPLITJane AccomandoErin McClellandhttps://www.morganlewis.com/blogs/upandatom/2023/01/doe-increases-civil-monetary-penalties-under-10-cfr-part-810The US Department of Energy (DOE) has published a final rule increasing civil monetary penalties (CMPs) for unintentional violations of 10 CFR Part 810 (Part 810). The rule, which took effect on January 9, 2024, increases the maximum CMP from $120,816 to $124,732 per violation per day. The increased penalty aligns with DOE’s mandate to annually adjust CMPs for inflation.Fri, 12 Jan 2024 00:00:00 -0600167a3c7b-7030-4c28-b79c-0eecfa94adadEnergy & InfrastructureEnergyENEAlex PolonskyErin McClellandhttps://www.morganlewis.com/blogs/upandatom/2023/12/nrc-to-increase-focus-on-appendix-b-compliance-in-view-of-fy2023-enforcement-findingsThe US Nuclear Regulatory Commission (NRC) recently published its annual vendor newsletter, The Vendor Times , documenting findings of NRC vendor inspection staff and lessons learned related to the vendor inspection program. The newsletter follows the NRC’s November 20 vendor inspection program self-assessment for fiscal year 2023. Through these two issuances, the NRC noted an increase in enforcement findings and indicated that it will focus on 10 CFR Part 21 and supplier oversight compliance during future inspections.Fri, 22 Dec 2023 00:00:00 -060069a449ad-56ec-4622-8674-a09c4dc82ef0Energy & InfrastructureEnergyENEJane AccomandoRobert P. Goldfinhttps://www.morganlewis.com/blogs/upandatom/2023/12/advisory-committee-on-reactor-safeguards-endorses-alternative-option-for-licensing-microreactorsThe Advisory Committee on Reactor Safeguards (ACRS) recently endorsed the NRC Staff’s proposed alternative option for licensing microreactors in a letter submitted to NRC Chairman Christopher Hanson. In brief, the licensing option endorsed by ACRS would allow a factory-fabricated microreactor to be loaded with fuel having features to preclude criticality and undergo operational testing at the factory before being transported to an installation site. If approved by the Commission, such an approach would create a lower regulatory burden commensurate with the anticipated decreased potential safety hazards posed by microreactors.Fri, 01 Dec 2023 00:00:00 -060062144bcd-c2de-4f12-bc0f-4498d673152dEnergy & InfrastructureEnergyENEJane AccomandoScott D. Clausenhttps://www.morganlewis.com/blogs/upandatom/2023/11/doe-pursues-comprehensive-update-for-its-acquisition-regulationsThe US Department of Energy (DOE) recently published a notice of proposed rulemaking (NOPR) and request for comments in the Federal Register proposing a comprehensive revision of the Department of Energy Acquisition Regulation (DEAR). DOE’s proposal strives to update and streamline the DEAR’s policies, procedures, provisions, and clauses. DOE invites the public to submit written comments regarding this NOPR through the Federal eRulemaking Portal by no later than December 26, 2023.Thu, 30 Nov 2023 00:00:00 -06000b6d12d4-e33f-41f0-b9f5-8ec33338e7f7Energy & InfrastructureEnergyENECasey WeaverAlex PolonskyErin McClellandhttps://www.morganlewis.com/blogs/upandatom/2023/11/nrc-provides-emergency-preparedness-flexibility-for-smrs-and-advanced-reactorsThe US Nuclear Regulatory Commission (NRC) has issued a final rule and associated regulatory guide providing an alternative avenue for small modular reactors (SMRs) and advanced reactors to satisfy emergency preparedness requirements. The long-anticipated rulemaking allows SMRs and advanced reactor license applicants to develop performance-based emergency preparedness programs instead of using the current prescriptive offsite radiological emergency planning requirements originally designed for large light-water reactors (LWRs).Mon, 27 Nov 2023 00:00:00 -06008e83ee4e-656f-47bf-9e07-8510bf970becEnergy & InfrastructureEnergyENEPatrick R. PennellaJane AccomandoAlex Polonskyhttps://www.morganlewis.com/blogs/upandatom/2023/10/nrc-increases-required-amount-of-primary-nuclear-liability-insuranceIn a final rule published in the Federal Register on October 19, 2023, the NRC amended its regulations at 10 CFR 140.11 to increase the amount of third-party liability coverage required under the Price-Anderson Act, Section 170 of the Atomic Energy Act (42 USC 2210) (Price-Anderson) for large reactor licensees (i.e., reactors with a rated capacity of ≥100 MWe) from $450 million to $500 million per incident.Tue, 31 Oct 2023 00:00:00 -050050122309-1ce3-40c2-993f-fc5a8343538aEnergy LitigationEnergy & InfrastructureEnergyENEhttps://www.morganlewis.com/blogs/upandatom/2023/10/nrc-issues-proposed-rule-language-for-fusion-systemsOver the course of 2023, the US Nuclear Regulatory Commission (NRC) has started to develop a regulatory framework for fusion energy systems. Significantly, and as we previously reported , NRC decided to modify the existing process for licensing the use of byproduct materials contained in 10 CFR Part 30 to regulate nuclear fusion. NRC has now issued preliminary proposed rule language for the licensing and oversight of a broad array of fusion systems currently under development.Mon, 30 Oct 2023 00:00:00 -0500a0f3067c-1755-49ec-8aba-fcec735a97e9Energy LitigationEnergy & InfrastructureEnergyENEJane AccomandoRobert P. Goldfinhttps://www.morganlewis.com/blogs/upandatom/2023/09/nrc-plans-increased-focus-on-reactor-safety-cultureThe US Nuclear Regulatory Commission (NRC) recently published a memorandum from the Office of Nuclear Reactor Regulation (NRR) documenting planned changes to the NRR’s Safety Culture Inspection Program. The NRC expects to implement these changes by the end of 2023.Thu, 28 Sep 2023 00:00:00 -05009db89197-a377-4392-8591-c6476428fb14Energy & InfrastructureEnergyENETimothy P. MatthewsJane Accomandohttps://www.morganlewis.com/blogs/upandatom/2023/09/will-a-government-shutdown-impact-the-nrcAs fiscal year 2024 approaches, a partial government shutdown looms on the horizon once more. This would be the first partial government shutdown since the 36-day shutdown that began in late December 2018 and ended on January 25, 2019. While the NRC was unaffected by that shutdown because its FY 2019 budget had been enacted, at this time Congress has not passed any of the annual appropriation bills for FY 2024, including that for the NRC.Wed, 27 Sep 2023 00:00:00 -05002f8092a1-f77e-4c14-99da-48fbb3ed2320Energy & InfrastructureEnergyENEJane AccomandoScott D. Clausenhttps://www.morganlewis.com/blogs/upandatom/2023/09/large-increases-to-price-anderson-act-secondary-layer-protection-in-inflation-adjustmentsIn a Federal Register Notice published September 5, 2023, the NRC amended its regulations to be effective October 5, 2023, to adjust for inflation the maximum total and annual deferred premium amounts for the “secondary layer” of offsite liability coverage, as required by the Price-Anderson Act, as amended, Section 170 of the Atomic Energy Act (42 USC 2210) (Price-Anderson).Wed, 13 Sep 2023 00:00:00 -0500a8549d82-8c5e-4aa4-a957-461ceb709691Energy & InfrastructureEnergyENEhttps://www.morganlewis.com/blogs/upandatom/2023/09/nrc-finalizing-emergency-preparedness-rule-for-new-reactor-designsThe Nuclear Regulatory Commission (NRC) has announced that it intends to issue, by the end of 2023, the final rule and associated regulatory guide that sets emergency preparedness requirements for new reactors. The rulemaking will allow small modular reactor (SMR) and advanced reactor license applicants to develop performance-based emergency preparedness programs as an alternative to the current offsite radiological emergency planning requirements. This rulemaking is a significant development toward providing flexibility in meeting the NRC’s emergency preparedness requirements.Tue, 12 Sep 2023 00:00:00 -05007eb71683-8e92-4c34-9337-ac664c215c99Energy & InfrastructureEnergyENEAlex PolonskyJane AccomandoPatrick R. Pennellahttps://www.morganlewis.com/blogs/upandatom/2023/08/nrc-suspends-general-license-for-exports-of-most-materials-to-chinaThe US Nuclear Regulatory Commission (NRC) published an order in the Federal Register on August 14, 2023 suspending the general license to export special nuclear material, source material, and deuterium for nuclear end use to China. Under the NRC’s order, which is effective immediately, any person wishing to export special nuclear material, source material, or deuterium to China must apply for, and receive, a specific license before they can make the export.Tue, 15 Aug 2023 00:00:00 -05009aef88d0-d93b-43df-928e-828ad1e3b361Energy & InfrastructureEnergyENEAlex Polonskyhttps://www.morganlewis.com/blogs/upandatom/2023/08/nrc-further-revises-guidance-on-cybersecurity-programs-for-nuclear-power-reactorsThe NRC has now followed up on that guidance with revisions to RG 5.83, “Cybersecurity Event Notifications (Revision 1),” to address new cybersecurity concerns, provide clarification, and align with new guidance in RG 5.71. This guidance is critical for the nuclear industry given the rapid pace at which cybersecurity threats and deterrent strategies evolve. All nuclear power reactor owners must review NRC’s latest guidance and confirm that their cybersecurity programs are in compliance.Thu, 10 Aug 2023 00:00:00 -050063d65791-7f78-4c25-bd43-d9806e3b6337Energy & InfrastructureEnergyENEJane AccomandoRobert P. Goldfinhttps://www.morganlewis.com/blogs/upandatom/2023/07/nrc-escalated-enforcement-increased-in-2022The NRC’s Office of Enforcement (OE) recently published its Enforcement Program Annual Report for Calendar Year 2022 . In 2022, the NRC issued 73 escalated enforcement actions to licensees, non-licensees, and individuals. This is 13 more than in 2021, an increase of 22%, and is higher than the five-year average of 60. Even so, this remains below the highs seen in 2016 and 2017, which had more than 80 each year. Non-escalated enforcement actions also increased in 2022 for reactor and materials licensees.Tue, 25 Jul 2023 00:00:00 -050022e872a5-24a9-4aa2-906d-3e5edebb63e6Energy & InfrastructureEnergyENEJane AccomandoScott D. Clausenhttps://www.morganlewis.com/blogs/upandatom/2023/06/nrc-guidance-limits-use-of-decommissioning-trust-funds-prior-to-plant-shutdownThe 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).Thu, 22 Jun 2023 00:00:00 -0500ebe58f88-0bc7-4c73-893d-c0069a768c62Energy & InfrastructureEnergyENETimothy P. Matthewshttps://www.morganlewis.com/blogs/upandatom/2023/06/nrc-to-regulate-fusion-energy-systems-using-existing-nuclear-materials-licensing-frameworkThe US Nuclear Regulatory Commission (NRC) has set a course to create a regulatory framework for fusion energy systems that builds on NRC’s existing nuclear materials licensing process. As we have previously reported, NRC had considered three options for regulating nuclear fusion. NRC chose to work from the existing process for licensing the use of byproduct materials contained in 10 CFR Part 30, which requires only a limited-scope rulemaking.Fri, 02 Jun 2023 00:00:00 -0500bed50623-4613-46bf-af6d-889c9cba2a72Energy & InfrastructureEnergyENEJane AccomandoRobert P. Goldfinhttps://www.morganlewis.com/blogs/upandatom/2023/05/doe-issues-update-to-consent-based-site-process-for-spent-nuclear-fuelThe US Department of Energy’s Office of Nuclear Energy recently issued an update  to its “road map for implementing a consent-based siting process” to site one or more federal interim storage facilities for spent nuclear fuel. The 2023 update retains most of the features of the prior 2017 version, but further clarifies the focus of DOE’s spent fuel siting efforts, incorporates some changes and updates, and provides the current aspirational timelines for the key stages of the effort.Wed, 03 May 2023 00:00:00 -0500dea3ad37-1d42-4989-827c-479fa28e0b5cEnergy & InfrastructureEnergyENEhttps://www.morganlewis.com/blogs/upandatom/2023/04/nuclear-energy-and-hydrogen-partners-in-decarbonizationThe Nine Mile Point nuclear power station in Oswego, New York began producing hydrogen in March 2023 as part of a demonstration project sponsored by the US Department of Energy. Although Nine Mile Point produced hydrogen solely for internal use, the project validates that reliable and emission-free nuclear energy can be used to produce clean-burning hydrogen.Tue, 11 Apr 2023 00:00:00 -050097d1bdc8-3488-48da-9989-a5e626e8db22Energy & InfrastructureEnergyENEJane AccomandoPatrick R. Pennellahttps://www.morganlewis.com/blogs/upandatom/2023/03/nrc-office-of-investigations-fy-2022-annual-report-shows-jump-for-reactors-decrease-for-material-licenseesThe NRC’s Office of Investigations (OI) recently published its Annual Report Fiscal Year 2022 summarizing its activities from October 1, 2021 through September 30, 2022. According to the annual report, OI opened 70 new cases in FY 2022, compared to 65 in FY 2021—an 8% increase. In contrast, it closed only 67 cases, compared to 96 in FY 2021—a 30% decrease.Fri, 10 Mar 2023 00:00:00 -0600ef923dd0-855b-4760-b592-f67d16d2b873Energy & InfrastructureEnergyENEJane AccomandoScott D. Clausenhttps://www.morganlewis.com/blogs/upandatom/2023/03/nrc-updates-guidance-on-power-reactor-decommissioning-costsThe 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.Wed, 08 Mar 2023 00:00:00 -0600a6f12745-8185-4731-85f7-aaa376756433Energy & InfrastructureEnergyENEAlex PolonskyRyan K. Lightyhttps://www.morganlewis.com/blogs/upandatom/2023/02/nrc-updates-guidance-on-cybersecurity-programs-for-nuclear-power-reactorsAfter 13 years, the Nuclear Regulatory Commission has issued revised guidance for cybersecurity programs for nuclear power reactors. All nuclear power reactor owners must review the NRC’s latest guidance and confirm their cybersecurity programs are in compliance.Fri, 24 Feb 2023 00:00:00 -0600d5925c9f-5c51-40ca-9526-2f25cab1df8cEnergy & InfrastructureEnergyENEJane AccomandoRobert P. Goldfinhttps://www.morganlewis.com/blogs/upandatom/2023/02/doe-confirms-changes-to-generally-authorized-countries-under-part-810The 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.Mon, 06 Feb 2023 00:00:00 -0600bc854abd-c7a8-40b3-b5c1-783906e1c85bEnergy & InfrastructureEnergyENEAlex Polonskyhttps://www.morganlewis.com/blogs/upandatom/2023/02/commission-approves-draft-rule-to-update-environmental-regulations-and-geis-for-subsequent-license-renewalThe NRC commissioners unanimously approved on January 23, 2023 the publication of a proposed rule to update the NRC’s environmental regulations in Part 51 and issue a draft update to the NRC’s Generic Environmental Impact Statement for License Renewal of Nuclear Plants (the GEIS) to encompass both initial and subsequent license renewal (SLR). This rulemaking, when complete, will resolve the dispute about whether 10 CFR 51.53(c)(3) and the GEIS apply to SLR, and will allow the environmental review of pending SLR applications that rely on the GEIS to resume. The proposed rule will soon be published in the Federal Register to allow for public comments on the proposed rule and draft GEIS.Fri, 03 Feb 2023 00:00:00 -06005581a6f3-e2b5-47dc-aad5-bf3519d166e7Energy & InfrastructureEnergyENERyan K. LightyScott D. Clausenhttps://www.morganlewis.com/blogs/upandatom/2023/01/inflation-drives-another-large-increase-in-nrcs-maximum-civil-monetary-penaltiesThe NRC recently issued a final rule in the Federal Register , along with a corresponding update to its Enforcement Policy, that updated the maximum amounts of civil monetary penalties it can impose for violations. Because these amounts are adjusted annually for inflation, the maximum civil penalties jumped for the second year in a row, reflecting the continued inflationary environment in the broader economy.Thu, 26 Jan 2023 00:00:00 -06005c204f72-747d-4fe9-b823-09e4bcc5fe70Energy & InfrastructureEnergyENEJane AccomandoScott D. Clausenhttps://www.morganlewis.com/blogs/upandatom/2023/01/doe-issues-final-rule-for-civil-penalties-under-10-cfr-part-810In a recent LawFlash, lawyers Alex Polonsky and Grant Eskelsen discuss the US Department of Energy’s (DOE) final rule imposing financial penalties for unintentional violations of 10 CFR Part 810. The rule represents a major change in how the DOE encourages and enforces compliance with Part 810.Fri, 13 Jan 2023 00:00:00 -0600ca77e6da-ed93-47dc-b06c-ce20c592a86eEnergy & InfrastructureEnergyENEAlex Polonskyhttps://www.morganlewis.com/blogs/upandatom/2023/01/nrc-issues-notice-of-proposed-rulemaking-on-alternatives-to-credit-ratings-for-decommissioning-financial-assuranceThe NRC issued a Notice of Proposed Rulemaking (NOPR) proposing a rule, “Alternatives to the Use of Credit Ratings,” that would amend its decommissioning financial assurance mechanisms in 10 CFR Part 30.Fri, 13 Jan 2023 00:00:00 -0600ab4cbe78-45e0-46fd-9de4-5b39da6e47ceEnergy & InfrastructureEnergyENEJane Accomandohttps://www.morganlewis.com/blogs/upandatom/2022/12/nrc-provides-details-on-information-sharing-agreements-for-cuiOn December 8, the NRC issued Regulatory Issue Summary (RIS) 2022-03 detailing its plans regarding the use of “Information-Sharing Agreements” to share controlled unclassified information (CUI) with non-executive branch entities. The NRC is targeting the summer of 2023 to begin establishing formal agreements with NRC licensees, applicants, certificate of compliance (CoC) holders, agreement state radiation control program directors, state liaison officers, and tribes.Tue, 20 Dec 2022 00:00:00 -060067f2c2e0-1168-4235-833a-38bf1cf12042Energy & InfrastructureEnergyENERyan K. LightyAlex Polonskyhttps://www.morganlewis.com/blogs/upandatom/2022/12/expected-changes-to-generally-authorized-countries-in-10-cfr-part-810Good 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).Fri, 16 Dec 2022 00:00:00 -06004008da68-3154-4dcd-be68-88aa6c905a1fEnergy & InfrastructureEnergyENEAlex Polonskyhttps://www.morganlewis.com/blogs/upandatom/2022/11/recent-report-highlights-nuclear-as-esg-powerhouseOver the last few years, investors and financial markets have become more focused on environmental, social, and governance (ESG) considerations in making investment decisions. ESG considers how investments impact the environment, social factors, and governance issues. Investors are increasingly applying these nonfinancial factors in making investment decisions.Fri, 11 Nov 2022 00:00:00 -060001a06c83-f7d8-4ad8-b374-911647e0b06eEnergy & InfrastructureESG & Sustainability AdvisoryClimateEnergyENERyan K. Lightyhttps://www.morganlewis.com/blogs/upandatom/2022/08/lawflash-inflation-reduction-act-of-2022-boosts-nuclear-power-with-tax-credits-and-fundingRead the recent LawFlash prepared by our energy and tax lawyers discussing several key provisions of the Inflation Reduction Act of 2022 (IRA) that bolster a broad spectrum of new and existing activities in the nuclear industry.Mon, 22 Aug 2022 00:00:00 -05007b680b25-5458-4c3a-a473-e35d43e0804fEnergy & InfrastructureEnergyENEPaul A. GordonRyan K. LightyM. Jared SandersScott D. ClausenWashington DCPhiladelphiahttps://www.morganlewis.com/blogs/upandatom/2022/08/latest-developments-on-coal-to-nuclear-transitionsIn this Law360 article, Ryan Lighty discusses the US Congress’s efforts to incentivize coal-to-nuclear transitions. With the recently passed Creating Helpful Incentives to Produce Semiconductors (CHIPS) and Science Act, Congress authorized a new program to foster the deployment of next-generation nuclear facilities at depowered coal sites.Wed, 17 Aug 2022 00:00:00 -050099abd9d4-b1a3-4c6a-a671-31af77925cd4Energy & InfrastructureEnergyENERyan K. Lightyhttps://www.morganlewis.com/blogs/upandatom/2022/07/nrc-altering-population-siting-guidance-for-advanced-reactorsIn a 2-1 vote, NRC Commissioners have approved a new approach for evaluating where reactors can be sited in the United States, opening the door to siting advanced reactors in more densely populated areas than has been allowed for large, light-water reactors.Mon, 25 Jul 2022 00:00:00 -050048149a38-2b90-4851-b3f7-ce53f096204aEnergy & InfrastructureEnergyENEJane AccomandoAlex Polonskyhttps://www.morganlewis.com/blogs/upandatom/2022/05/update-on-us-nuclear-industry-export-restrictions-to-russiaIt’s getting harder to send anything from the US to Russia, including radioactive materials and nuclear-related equipment. Below are some recent examples of actions that the US government has taken to clamp down on nuclear trade with Russia. In this ever-changing geopolitical landscape, exporters must maintain export compliance vigilance for the items and technology they export.Mon, 23 May 2022 00:00:00 -050071bbdaf8-f82a-44a9-b033-6807a1524192Energy & InfrastructureUnited StatesEnergyENEAlex Polonskyhttps://www.morganlewis.com/blogs/upandatom/2022/05/nrc-annual-trends-report-shows-increase-in-allegationsThe NRC recently issued its Allegation Program Annual Trends Report, analyzing regional, national, and site-specific allegation trends for calendar year 2021. The report’s top-line numbers show that allegations increased approximately 40% from 2020. The broad-based increase spanned reactor and materials licensees, as well as their vendors.Wed, 11 May 2022 00:00:00 -0500d544b9db-688d-47ac-beda-afc71eb4d725Energy & InfrastructureEnergyENEScott D. ClausenWashington DChttps://www.morganlewis.com/blogs/upandatom/2022/05/path-to-net-zero-the-role-of-nuclear-energyNuclear energy promises an available and adaptable source of zero-carbon energy. As such, it is poised to play a significant role in the global drive to achieve net-zero carbon emissions by 2050. While some energy companies and governments have recently announced plans to phase out their use of nuclear power, others are looking at nuclear power as a tool to mitigate the rising cost of oil and gas and to reinforce their energy security.Mon, 09 May 2022 00:00:00 -05007edef46a-5e5c-457d-8cd6-e70299b32936Energy & InfrastructureCorporate, Finance & Investment ManagementCarbon EmissionsAfricaAsiaLatin AmericaMiddle EastEuropeEnergyTechnologyENECBTTimothy P. MatthewsScott D. Clausenhttps://www.morganlewis.com/blogs/upandatom/2022/04/nrc-issues-self-assessment-of-the-reactor-oversight-processThe NRC staff recently provided the Commission with their annual Reactor Oversight Process (ROP) Self-Assessment for Calendar Year 2021 (SECY-22-0029). These annual self-assessments have been part of the ROP since the ROP was implemented in 2000 and are used by the Commission, the NRC staff, and stakeholders to monitor the performance of the ROP and identify areas for improvement.Fri, 29 Apr 2022 00:00:00 -05006c4aba28-b78a-4a49-a79c-df4c038a5eedEnergy & InfrastructureEnergyENETimothy P. MatthewsScott D. Clausenhttps://www.morganlewis.com/blogs/upandatom/2022/04/doe-begins-accepting-applications-for-civil-nuclear-creditsThe US Department of Energy (DOE) announced on April 19 that it is now accepting sealed bids from reactor owners and operators to receive initial credits under the Civil Nuclear Credit Program (CNCP). Concurrent with this announcement, DOE issued guidance to assist applicants in preparing the sealed bids.Thu, 21 Apr 2022 00:00:00 -05006256c694-ffb4-4508-9f9c-1a08c42928f3Energy & InfrastructureEnergyENETimothy P. MatthewsScott D. Clausenhttps://www.morganlewis.com/blogs/upandatom/2022/04/nrc-staff-releases-environmental-justice-recommendations-theres-room-for-improvementThe NRC staff recently released its long-awaited policy paper on Environmental Justice (EJ) reform at the agency (SECY-22-0025, “Systematic Review of How Agency Programs, Policies, and Activities Address Environmental Justice”). The staff’s retrospective review found that current NRC EJ efforts are fully consistent with applicable law. Nevertheless, they provided a series of recommendations and commitments for Commission consideration.Tue, 19 Apr 2022 00:00:00 -050045ce5ec2-e748-46db-9277-005be0e4c28bEnergy & InfrastructureEnergyENERyan K. LightyWashington DChttps://www.morganlewis.com/blogs/upandatom/2022/04/nrc-selects-aggressive-schedule-to-confirm-geis-applicability-to-subsequent-license-renewalThe Commission recently approved the NRC Staff’s recommendation to pursue a 24-month schedule for updating the agency’s Generic Environmental Impact Statement for License Renewal of Nuclear Plants (LR GEIS). The Commission’s decision signifies an ambitious push forward to make the LR GEIS applicable to subsequent license renewal (SLR) applications.Thu, 14 Apr 2022 00:00:00 -05004c61e103-9711-4254-ace2-39211be53e16Energy & InfrastructureEnergyENERyan K. Lightyhttps://www.morganlewis.com/blogs/upandatom/2022/03/nrc-announces-presiding-officer-framework-for-new-reactor-construction-permit-mandatory-hearingsThe Nuclear Regulatory Commission recently issued SRM-SECY-21-0107, in which it approved the NRC Staff’s recommendation to delegate authority to the Atomic Safety and Licensing Board (ASLB) Panel—the independent trial-level adjudicatory body of the NRC—to conduct “mandatory” hearings for certain types of construction permit applications. However, the Commission also noted its intent to conduct such hearings itself in certain first-of-a-kind proceedings.Tue, 29 Mar 2022 00:00:00 -0500f249c231-09ca-45b2-a33c-8aa1cdf76d09Ryan K. Lightyhttps://www.morganlewis.com/blogs/upandatom/2022/03/nrc-no-safety-threats-to-reactor-facilities-after-reports-on-counterfeit-partsIn response to reports from the NRC’s Office of Inspector General (OIG) and a tasking order from the NRC's executive director of operations (EDO) directing a review of NRC oversight of “counterfeit, fraudulent, and suspect items” (CFSI) in all regulated activities, the directors of the NRC's Offices of Nuclear Reactor Regulation (NRR) and Nuclear Material Safety and Safeguards (NMSS) jointly issued a memorandum on March 4 concluding that “there is no evidence that CFSIs have adversely challenged the safety of reactor facilities” or any licensed activities. However, the NRC Staff's activities evaluating whether program improvements are necessary to address the risks posed by CFSI remain ongoing, with a final report expected in mid-April.Tue, 22 Mar 2022 00:00:00 -0500e9da290c-6961-461d-bb19-c0acc1e2484aEnergy & InfrastructureEnergyENETimothy P. Matthewshttps://www.morganlewis.com/blogs/upandatom/2022/03/senators-introduce-legislation-to-ban-imports-of-russian-uranium-russia-reportedly-considers-mirror-banA group of four US senators introduced a bill on March 16 to ban imports of uranium products from the Russian Federation. If enacted, such a ban could complicate the refueling of existing commercial reactors in the United States that rely on Russian uranium products. A ban also could extend the schedule in the United States for deploying some advanced reactors, because Russia is a key source of the high-assay, low enriched uranium (HALEU) they plan to use. In a related development, Russia is considering a ban on uranium exports to the United States in retaliation for the most recent energy sanctions on Russia.Tue, 22 Mar 2022 00:00:00 -0500b3dced90-b555-48d4-a8a5-f92124fee8b7Energy & InfrastructureUnited StatesEnergyENEAlex PolonskyTimothy P. MatthewsScott D. ClausenWashington DChttps://www.morganlewis.com/blogs/upandatom/2022/03/nrc-enforcement-manual-revisions-address-licensee-challenges-to-enforcement-actionsThe NRC recently revised its Enforcement Manual (Manual) to consolidate and expand its guidance on the process for resolving licensee challenges to certain enforcement actions. The biggest change to the Manual is the creation of a new Section 2.8 on “Disputed Violations” that merges into one section the disputed violation resolution process for all enforcement actions other than those associated with NRC orders.Tue, 15 Mar 2022 00:00:00 -050087ba629e-b05d-4603-a337-ab936837a33dEnergy & InfrastructureEnergyENETimothy P. MatthewsJane AccomandoScott D. Clausenhttps://www.morganlewis.com/blogs/upandatom/2022/03/nrc-issues-guidance-update-to-cybersecurity-programs-for-nuclear-power-reactorsThe NRC held a public meeting on March 4 to discuss the issuance for public comment of draft regulatory guide (DG) DG-5061, Revision 1, Cyber Security Programs for Nuclear Power Reactors. DG-5061, Revision 1 would revise Regulatory Guide (RG) 5.71, which provides NRC licensees with guidance on meeting the cybersecurity requirements described in Section 73.54 of Title 10 of the Code of Federal Regulations, “Protection of digital computer and communication systems and networks.”Mon, 14 Mar 2022 00:00:00 -05007a6605cd-f191-453f-b69b-975a34f2f641Energy & InfrastructureEnergyENEhttps://www.morganlewis.com/blogs/upandatom/2022/03/nrc-office-of-investigations-issues-fy-2021-annual-reportThe NRC’s Office of Investigations (OI) recently published its Office of Investigations Annual Report FY 2021 summarizing its activities during the past fiscal year. Overall, OI saw a drop in caseload, likely due—at least in part—to the COVID-19 pandemic and more workers working from home. Even so, the trend of increasing investigations of materials licensees continued, and this is likely to be a continuing area of focus for the NRC.Wed, 02 Mar 2022 00:00:00 -060078e5d1d1-b525-4ca7-86eb-e408096faf15Energy & InfrastructureEnergyENEJane AccomandoScott D. ClausenWashington DChttps://www.morganlewis.com/blogs/upandatom/2022/02/commission-denies-nrc-staff-request-to-discontinue-isfsi-security-rulemakingThe Commission recently issued SRM-SECY-19-0100, in which it disapproved, by a 2-to-1 vote, a request made by the NRC staff that sought approval to discontinue the Independent Spent Fuel Storage Installation (ISFSI) Security Requirements rulemaking and deny a related petition for rulemaking filed by C-10 Research and Education Foundation Inc.Wed, 02 Feb 2022 00:00:00 -0600f0a14e6a-74bf-48b4-af84-23ee20b88aabEnergy & InfrastructureEnergyENERyan K. Lightyhttps://www.morganlewis.com/blogs/upandatom/2022/01/from-prescriptive-to-performance-based-new-nrc-rules-on-emergency-preparednessThe NRC is taking an important step toward an inclusive licensing regime for a new generation of reactors. On January 3, the NRC staff submitted for commission approval a recommended final rule on “Emergency Preparedness for Small Modular Reactors and Other New Technologies.”Mon, 24 Jan 2022 00:00:00 -06003a203bbe-9122-4964-95e6-ad485787998cEnergy & InfrastructureEnergyENERyan K. LightyJane AccomandoWashington DChttps://www.morganlewis.com/blogs/upandatom/2022/01/large-increase-in-nrcs-maximum-civil-monetary-penalty-amounts-fueled-by-rising-inflationThe US Nuclear Regulatory Commission (NRC) issued a final rule in the Federal Register on January 14 updating the maximum amounts of civil monetary penalties it can impose. Reflecting the price challenges in the larger US economy, the maximum civil monetary penalty amounts dramatically increased over the prior year as a result of the rise of inflation.Fri, 14 Jan 2022 00:00:00 -06003d74a7ad-74eb-4f93-9f82-f7349758a1dfEnergy & InfrastructureEnergyENERyan K. LightyWashington DChttps://www.morganlewis.com/blogs/upandatom/2022/01/nrc-staff-issues-findings-from-2021-decommissioning-status-reportsThe NRC staff recently issued findings from their review of the 2021 decommissioning funding status (DFS) reports submitted by power reactor licensees and licensees of power reactors in decommissioning. These reports are required by NRC regulations to ensure that adequate funds are available for the complete decommissioning of licensed facilities. The NRC staff’s review found that all currently operating power reactors and reactors in decommissioning demonstrated that they have adequate funds for decommissioning.Mon, 10 Jan 2022 00:00:00 -0600ee04ae02-5920-4c40-8365-80d52859ee61Energy & InfrastructureEnergyENETimothy P. MatthewsRyan K. LightyScott D. Clausenhttps://www.morganlewis.com/blogs/upandatom/2021/12/sunsi-you-later-nrc-moves-closer-to-2022-cui-implementation-with-rulemaking-recommendationOn December 10, the NRC staff issued SECY-21-0105 seeking approval from the NRC commissioners to publish a notice of final rule that would officially replace the NRC's sensitive unclassified non-safeguards information (SUNSI) program with a Controlled Unclassified Information (CUI) program. The new rules would appear in 10 CFR Part 2, "Agency Rules of Practice and Procedure," and be consistent with the government-wide rules on CUI in 32 CFR Part 2002.Thu, 30 Dec 2021 00:00:00 -060074545e0f-466d-46dd-a5b4-1b55bb1249f6Energy & InfrastructureEnergyENEAlex PolonskyRyan K. Lightyhttps://www.morganlewis.com/blogs/upandatom/2021/12/nrc-concludes-no-major-congressional-changes-necessary-to-price-anderson-actOn 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.Mon, 20 Dec 2021 00:00:00 -0600afb59817-4ba4-42a7-965d-83d65f2ebbc8Energy & InfrastructureEnergyENEAlex PolonskyWashington DChttps://www.morganlewis.com/blogs/upandatom/2021/12/sunset-on-sunsi-nrc-moves-closer-to-implementing-cui-programSeveral years ago, the US government embarked on a project to standardize federal agency programs—including the NRC’s—for managing unclassified-but-sensitive information. At the NRC, this government-wide Controlled Unclassified Information (CUI) program is intended to replace the agency’s Sensitive Unclassified Non-Safeguards Information (SUNSI) program.Wed, 08 Dec 2021 00:00:00 -06000ea1b914-f4b9-48a0-8aac-533c43953caaEnergy & InfrastructureEnergyENEAlex PolonskyRyan K. Lightyhttps://www.morganlewis.com/blogs/upandatom/2021/11/nrcs-atomic-safety-and-licensing-board-dismisses-violations-of-nrcs-anti-retaliation-regulationIn a recent Memorandum and Order (Order), an NRC Atomic Safety and Licensing Board (Board) unanimously granted summary disposition to the Tennessee Valley Authority (TVA), dismissing three alleged violations and partially dismissing a fourth issued by the NRC. The violations arose from an investigation conducted by the NRC’s Office of Investigations (OI) into allegations of retaliation against a former TVA employee and former contractor. In its Order, the Board clarified the scope of Section 211 of the Energy Reorganization Act (ERA) ( 42 USC 5851 ) and the NRC’s implementing regulation in 10 CFR 50.7 (Section 50.7). The Order is favorable to employers covered by Sections 211 and 50.7.Tue, 23 Nov 2021 00:00:00 -06007cd54675-bbf6-4e74-af2c-dff47990e9d9Energy & InfrastructureCorporate, Finance & Investment ManagementEnergyENECBTTimothy P. MatthewsJane AccomandoScott D. ClausenWashington DChttps://www.morganlewis.com/blogs/upandatom/2021/11/commissioners-vote-to-extend-inservice-inspection-surveillance-programNRC Commissioners Christopher Hanson, David Wright, and Jeff Baran recently voted 2-1 (Commissioner Baran dissenting) to implement SECY-21-0029, “Rulemaking Plan on Revision of Inservice Testing and Inservice Inspection Program Update Frequencies Required in 10 CFR 50.55a.” SECY-21-0029 will initiate a rulemaking to extend the required Inservice Inspection (ISI) Program and Inservice Testing (IST) Program Code of Record update frequency from 120 months to 240 months.Thu, 11 Nov 2021 00:00:00 -06008ed3f52d-0764-4097-a23f-e578b2905300Energy & InfrastructureEnergyENETimothy P. MatthewsJane Accomandohttps://www.morganlewis.com/blogs/upandatom/2021/10/environmental-justice-nrcs-last-meeting-before-end-of-comment-periodThe NRC held a public meeting on October 21 to discuss the status of its evaluation of environmental justice (EJ) in its programs, policies, and activities.Mon, 25 Oct 2021 00:00:00 -050075c33e2d-e3bc-4328-9107-5048d371c6e1Energy & InfrastructureESG & Sustainability AdvisoryEnergyENEAlex PolonskyRyan K. LightyWashington DChttps://www.morganlewis.com/blogs/upandatom/2021/09/extreme-cold-weather-preparation-report-from-ferc-nercOur energy lawyers discussed the recent Federal Energy Regulatory Commission (FERC) and North American Electric Reliability Corp. (NERC) report on Winter Storm Uri power outages, which outlined a series of recommendations, in the LawFlash FERC/NERC Report on Winter Storm URI Recommends Enhanced Cold Weather Preparation .Thu, 30 Sep 2021 00:00:00 -0500a72fce1f-7a43-4244-9dd7-337a823c9472Energy & InfrastructureEnergyENEJ. Daniel SkeesPatrick R. PennellaKirstin E. GibbsRyan K. Lightyhttps://www.morganlewis.com/blogs/upandatom/2021/09/nrc-issues-draft-white-paper-to-help-streamline-licensing-for-microreactorsThe NRC released a draft white paper discussing options to streamline its regulatory licensing process for microreactors. Specifically, the NRC Staff is “considering strategies to streamline the license review process by maximizing standardization and finality through the use of design certification, standard design approval, and topical report approvals” under 10 CFR Part 52, and is focusing on the following areas.Tue, 14 Sep 2021 00:00:00 -05005d6f39de-106f-4f78-a825-43f4ea657db6Energy & InfrastructureEnergyENEAlex Polonskyhttps://www.morganlewis.com/blogs/upandatom/2021/09/nrc-concludes-no-major-updates-to-part-110-needed-to-accommodate-advanced-reactor-designsAn 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.Wed, 01 Sep 2021 00:00:00 -0500052db658-fd3f-4d10-ad07-f0812feb03fdEnergy & InfrastructureEnergyENEAlex Polonskyhttps://www.morganlewis.com/blogs/upandatom/2021/08/nrc-approves-staff-withdrawal-of-recommendations-on-reactor-oversight-program-improvementsThe NRC’s Commissioners approved an NRC Staff request on August 5 to withdraw two SECY memoranda related to improvements of the effectiveness and efficiency of the Reactor Oversight Process (ROP). These SECY papers were initially issued in 2018 (SECY-18-113) and 2019 (SECY-19-067), and sought Commission approval for what the NRC Staff recommended would be potential improvements to the ROP as a whole. In withdrawing these two SECY papers, the Commission’s brief Staff Requirements Memorandum (SRM) provided little explanation as to why the Staff requested withdrawal of the two SECY papers.Tue, 17 Aug 2021 00:00:00 -0500066edffe-cde9-45da-bbe9-7cadc9596aa4Energy & InfrastructureEnergyENETimothy P. MatthewsWashington DChttps://www.morganlewis.com/blogs/upandatom/2021/08/nrc-receives-passing-grade-from-oig-on-covid-19-adaptations-to-inspectionsThe NRC’s Office of the Inspector General (OIG) recently released a report (OIG-21-A-13) discussing the results of its audit of the NRC’s pandemic oversight of nuclear power plants. The purpose of the audit was to “assess the NRC’s policies and procedures for conducting reactor inspections during the COVID-19 public health emergency and to identify best practices that could be applied during future pandemics or other public health emergencies.” In short, the OIG found that:Mon, 16 Aug 2021 00:00:00 -050039d92dbd-d386-4fe8-b064-2b87c22c6d84Energy & InfrastructureEnergyENEWashington DChttps://www.morganlewis.com/blogs/upandatom/2021/07/nnsa-issues-part-810-report-to-congress-for-fy-2020The 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).Fri, 30 Jul 2021 00:00:00 -0500f06b7bcc-f0ad-4b64-8f6f-f8fe6e744297Energy & InfrastructureInternational Trade & National SecurityEnergyENEAlex PolonskyWashington DChttps://www.morganlewis.com/blogs/upandatom/2021/07/doe-seeks-comments-on-price-anderson-indemnitiesThe 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.Thu, 29 Jul 2021 00:00:00 -0500b18524b4-5149-465f-99fe-4ef768f75d97Energy & InfrastructureEnergyENEAlex PolonskyScott D. ClausenPrincetonWashington DChttps://www.morganlewis.com/blogs/upandatom/2021/07/epa-reverses-course-on-using-radioactive-byproduct-in-road-constructionThe US Environmental Protection Agency (EPA) reversed a Trump administration decision involving use of nuclear materials. On June 30, the EPA announced that it was “withdrawing, revoking and rescinding” its conditional approval of The Fertilizer Institute’s (TFI) request to approve the use of phosphogypsum (PG) in road construction. PG is a radioactive byproduct of fertilizer production and is regulated by the EPA. This action follows the EPA’s earlier announcement that it is reviewing a Trump administration decision on cleanup standards for radionuclide-contaminated effluent at a Tennessee Superfund site, which we reported on. Together, the two decisions confirm that the EPA continues to scrutinize prior agency decisions and to more strictly regulate radioactive materials.Wed, 14 Jul 2021 00:00:00 -050093340ca6-5dcb-445f-b616-e8f0d9f5f12cEnergy & InfrastructureEnergyENEJohn McGahrenAlex PolonskyScott D. ClausenPrincetonWashington DChttps://www.morganlewis.com/blogs/upandatom/2021/07/nrc-issues-license-renewal-geis-update-scoping-summary-reportAs we have previously discussed , in August 2020, the NRC issued a notice in the Federal Register ( 85 FR 47252 ) announcing its intent to review and potentially update the Generic Environmental Impact Statement for License Renewal of Nuclear Plants (LR GEIS) (NUREG-1437). (The most recent revision was in 2013.) The notice indicated the results of the NRC's preliminary review of the existing GEIS and identified several environmental issues for possible revision and update, and invited public comments and proposals for areas that should be updated. The scoping process consisted of a 90-day public comment period and four public webinar meetings held in August 2020. Approximately 60 members of the public, industry, and federal and state agencies participated in the four webinars. The government recently published a Scoping Summary Report  that summarizes the comments received during the public scoping period and the NRC’s response.Mon, 12 Jul 2021 00:00:00 -05004c93a02c-7a37-4277-b5ed-22ccbb953ac6Energy & InfrastructureEnergyENEWashington DChttps://www.morganlewis.com/blogs/upandatom/2021/06/epa-announces-review-of-trump-administration-decision-on-nuclear-cleanupThe US Environmental Protection Agency (EPA) recently announced a site-specific review that has broader implications for Superfund site cleanups with radionuclide contamination. The EPA is reviewing a Trump-era decision on the applicability of water quality regulations for radionuclide-contaminated effluent from a Tennessee Superfund site. This review could result in reversing the prior determination that the Clean Water Act’s (CWA’s) technology-based effluent limits do not apply. If the EPA reverses this decision, it could signal that the EPA is looking to impose more stringent standards for the cleanup and discharge of radionuclide-contaminated water at other sites.Tue, 29 Jun 2021 00:00:00 -0500a797db62-4fb4-4964-a6e2-c6784dacbbd8Energy & InfrastructureEnergyENEJohn McGahrenAlex PolonskyScott D. Clausenhttps://www.morganlewis.com/blogs/upandatom/2021/06/nrc-losing-another-commissioner-on-june-30Commissioner Annie Caputo has announced her plans to leave the NRC when her term expires next week, on June 30, 2021 . This will leave the Commission with the bare minimum number of commissioners needed to conduct business.Wed, 23 Jun 2021 00:00:00 -0500765e9096-5738-4319-8ee0-4ab3a0149e2bEnergy & InfrastructureEnergyENERyan K. Lightyhttps://www.morganlewis.com/blogs/upandatom/2021/06/nrc-office-of-enforcement-issues-calendar-year-2020-report-new-director-namedThe NRC Office of Enforcement (OE) recently published its Enforcement Program Annual Report for calendar year 2020. The report shows that the number of escalated enforcement actions increased 7% over 2019, but remained below the five-year average from 2016 to 2020. That said, 2018 was the nadir of this five-year period with 45 escalated enforcement actions. So while the number of escalated enforcement actions have not returned to levels seen in 2016 and 2017 (each with more than 80), instances of escalated enforcement remain above longer-term historic trends, notwithstanding maturation of the industry. Whether this trend continues is to be seen. In April 2021, the NRC named Mark Lombard as the new director of the Office of Enforcement.Mon, 14 Jun 2021 00:00:00 -0500289d40e8-9c90-4217-9050-e47566420723Energy & InfrastructureEnergyENETimothy P. MatthewsScott D. Clausenhttps://www.morganlewis.com/blogs/upandatom/2021/06/nrcs-report-to-congress-identifies-abnormal-occurrences-at-licensed-medical-facilitiesThe US Nuclear Regulatory Commission (NRC) recently issued its Report to Congress on Abnormal Occurrences for fiscal year 2020. The report documents key aspects of those events that the NRC considers “Abnormal Occurrences” (AOs) and allows the regulated community to review the operating experience of reactor, medical, and industrial users of radioactive materials. AOs are unscheduled events that the NRC determines to be significant from the standpoint of public health or safety.Sun, 13 Jun 2021 00:00:00 -0500d7ca21d2-2855-45c8-9f6b-d644a1086d24Energy & InfrastructureEnergyENE