Up & Atom

The NRC’s Office of Enforcement (OE) recently published its 2025 Enforcement Program Annual Report. During 2025, the NRC issued 71 escalated enforcement actions to licensees, nonlicensees, and individuals, which is a slight decrease from the 73 escalated enforcement actions in 2024, but slightly higher than the five-year average from 2021 to 2025.

The 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.

The 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.

Morgan 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.

The 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.

The 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.

The 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.

The 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.

In 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.