https://www.morganlewis.com/rss/blogsBlogs RSS Feed25https://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 Azeizat