Hurricane Harvey leaves a legacy of unprecedented legal and business challenges. Morgan Lewis has developed a series of client alerts designed to provide guidance on the complex legal and business implications of Hurricane Harvey.
On August 23, 2017, the US Department of Energy issued the “Staff Report to the Secretary on Electricity Markets and Reliability” (Staff Report). The Staff Report was commissioned by the Secretary of Energy to provide an assessment of the reliability and resilience of the US electrical grid.
Court rules that the ADA does not create a loophole to NRC fitness-for-duty and security regulations.
The nuclear industry periodically has urged the US Nuclear Regulatory Commission (NRC) to more diligently apply the backfit rule when NRC staff attempts to change its position without proper justification.
The Atomic Energy Act retains an outdated restriction that prohibits foreign ownership, control or domination (FOCD) of commercial reactor licenses. Foreign companies have been able to make substantial investments in US commercial reactor assets, but because of the current restriction, they are effectively required to partner with a US company that exercises “control” over the assets.
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At a meeting on June 1, the NRC and industry representatives agreed to pursue a revised definition of operability of those structures, systems, and components (SSCs) addressed in the technical specifications (TS) for nuclear power plants.
On May 23, the Federal Energy Regulatory Commission (FERC) issued a notice inviting comments on the interplay between state policy goals and organized wholesale electricity markets. The referenced state policy goals involve state support for zero-carbon-emitting power plants, including nuclear power plants, generally in the form of tax credits.
Like any other business, nuclear utilities and their employees may be exposed to potential cyberattacks targeting important information technology systems.