The first half of 2024 has been a dynamic period for the nuclear energy industry, marked by significant legislative and regulatory developments, evolving enforcement trends, and a continued focus on innovation and public...more
With 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...more
Morgan Lewis’s energy lawyers regularly track developments impacting the nuclear industry on the firm’s Up & Atom blog. Throughout 2023, the team provided updates on new rules and guidance from the US Nuclear Regulatory...more
The 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...more
The 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...more
The 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...more
The 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...more
The 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...more
On 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...more
In 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...more
It’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...more
On 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)...more
On 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...more
Several 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...more
The 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. During the meeting, the NRC reviewed recent EJ efforts and feedback...more
The 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...more
An NRC working group released a report on July 23 after conducting a “fundamental” review of 10 CFR Part 110 (Part 110) and the NRC’s readiness to license exports of advanced reactors and their associated nuclear material....more
As artificial intelligence (AI) and machine learning tools become more widely adopted in various products and industries, the NRC has begun studying what roles these technologies can play in commercial nuclear power...more
President Joe Biden has elevated Democratic Commissioner Christopher T. Hanson to serve as Chairman of the US Nuclear Regulatory Commission (NRC). Mr. Hanson succeeds former Republican Chairman Christine Svinicki—the...more
The Nuclear Regulatory Commission (NRC) wants your input on its advanced reactor rulemaking activities on a rolling basis, so it announced that it will periodically place “preliminary proposed rule language” on the federal...more
The NRC Office of Nuclear Reactor Regulation (NRR) recently issued Revision 4 to Office Instruction LIC-203, “Procedural Guidance for Categorical Exclusions, Environmental Assessments, and Considering Environmental Issues.” ...more
The Nuclear Regulatory Commission (NRC) Executive Director for Operations recently issued SECY-20-0032, requesting the Commission’s approval of a seven-year rulemaking plan for a “Risk-Informed, Technology-Inclusive...more
The NRC on April 30 published a notice of its intent to conduct scoping and gather information necessary to develop a Generic Environmental Impact Statement (GEIS) for small-scale advanced nuclear reactors (ANRs). ...more
In SECY 20-0020, issued on February 28, the NRC Staff informed the Commission of its conclusion that developing a generic environmental impact statement (GEIS) for advanced nuclear reactors (ANRs) is viable....more
The US Department of Energy (DOE) is requesting comments on whether there is a sufficient supply of molybdenum-99 (Mo-99) to meet medical needs without the export of highly enriched uranium (HEU) from the United States....more