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The State of Nuclear 2025: New Leadership, New Challenges, New Opportunities

2024 was marked by significant developments in the nuclear energy sector, shaped by evolving regulatory frameworks, legislative action, and growing global interest in nuclear power. In the United States the Accelerating...more

National Energy Dominance Council: Key Takeaways from President Trump’s Latest Energy-Related Executive Order

President Donald Trump issued an executive order (EO) establishing the National Energy Dominance Council (Council) on February 14, 2025. The EO outlines the rationale for creating the Council, its members, and its primary...more

NRC Office of Investigations FY 2024 Annual Report Shows Whistleblower Allegations on the Rise

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...more

Powering the Future of Data: Infrastructure, Capacity, and Connectivity Considerations

The demand for data centers, both in the United States and abroad, has been accelerating at an unprecedented pace, driven largely by the rapid expansion of artificial intelligence (AI) and other digital applications....more

Federal Circuit Broadly Interprets Indemnity Provisions in the Price Anderson Act

A 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...more

Powering the Future with Data Centers: Legal Considerations

Data centers have emerged as the backbone of modern digital infrastructure, serving as physical hubs where essential computing resources and IT and security systems converge to store, process, and secure critical data. With...more

Executive Orders Move Oil & Gas Development, Permitting Reform to Top of Trump-Vance Energy Agenda

President Donald Trump signed several energy-focused executive orders aimed at increasing production and distribution of domestic fossil fuel resources, including development of Alaska’s natural resources....more

Trump’s $20B Data Center Investment Announcement Underscores the Race for Data Center Capacity

Ahead of his inauguration at the end of January, President-elect Donald Trump announced that Damac Properties, controlled by Emirati billionaire Hussain Sajwani, will make at least a $20 billion investment to build data...more

US Spent Fuel Storage Liability Increases While Other Countries Develop Geologic Repositories

The 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...more

NRC Staff Lays Framework for the Agency’s AI Use

The 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,...more

Nuclear Energy Mid-Year Report: Navigating the Changing Nuclear Landscape in 2024

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

The Intersection of Energy and Artificial Intelligence: Key Issues and Future Challenges

Artificial intelligence (AI) not only provides new technological advantages to the energy industry, but also the industry is itself responsible for providing the vast (and growing) amount of energy consumption driven by the...more

NRC Annual Reports: Allegations Rise, but Escalated Enforcement Actions Decline

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...more

US Congress Holds Hearing on Spent Nuclear Fuel Disposal

The 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...more

NRC Releases 2023 Reactor Oversight Process Self-Assessment Results

The 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...more

NRC OI Annual Report: Significant Jump in Materials Licensee and Discrimination Investigations for FY 2023

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...more

NRC Proposes Adjustments to Annual Fees and Fee Schedules

The 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...more

Nuclear Whistleblower Cases: Supreme Court’s Sox Whistleblower Rationale Will Likely Be Applied

The US Supreme Court ruled in Murray v. UBS Securities LLC that whistleblowers under the Sarbanes-Oxley Act (SOX) need not prove retaliatory intent. This ruling is consistent with current precedent for Energy Reorganization...more

A New Nuclear Age: How 2023 Developments Will Impact the Industry in 2024

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

NRC and FERC Commissioners Discuss Energy Industry Challenges at 2024 Joint Meeting

The 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...more

NRC to Increase Focus on Appendix B Compliance in View of FY2023 Enforcement Findings

The 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....more

Advisory Committee on Reactor Safeguards Endorses Alternative Option for Licensing Microreactors

The 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...more

NRC Provides Emergency Preparedness Flexibility for SMRs and Advanced Reactors

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

NRC Issues Proposed Rule Language for Fusion Systems

Over 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...more

NRC Plans Increased Focus on Reactor Safety Culture

The 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...more

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