The U.S. Supreme Court on Oct. 4, 2024, granted certiorari in two cases related to the U.S. Nuclear Regulatory Commission's (NRC) authority to license temporary spent fuel storage facilities that are not co-located with a...more
Today, the Supreme Court announced that it is taking up a case related to the Nuclear Regulatory Commission’s (“NRC”) ability to license away-from-reactor interim storage of spent nuclear fuel. By hearing the case in the...more
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
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
On July 18, the U.S. Nuclear Regulatory Commission (“NRC”) approved a new process to help streamline the agency’s mandatory hearings. The new process will go into effect immediately and should dramatically shorten the time...more
The US Supreme Court’s recent Loper Bright decision overturned its 1984 Chevron decision, which, over the last 40 years, had become a fundamental doctrine in administrative law. That doctrine, known as the “Chevron...more
On June 18, 2024, the U.S. Senate passed the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy (ADVANCE) Act by a vote of 88-2. The Act was signed into law by President Biden on July 9, 2024. The ADVANCE...more
On Tuesday, July 9, 2024, President Biden signed into law the most comprehensive energy-related bill since the Inflation Reduction Act—and it’s all about nuclear energy. This new law will support the deployment of nuclear...more
Congress passed the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy Act (ADVANCE Act) in June 2024, which includes several provisions to encourage the development of nuclear energy infrastructure....more
The Defense Innovation Unit has released a solicitation seeking Solution Briefs for full lifecycle micro-reactor power plant(s) that would start operations at an Army installation in the continental United States before the...more
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
An updated version of the ADVANCE Act—broad-ranging legislation intended to support deployment of new nuclear reactors in both the United States and abroad, among other things, received strong movement forward this past week...more
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
Holtec Palisades is the first project to receive a conditional funding commitment from the U.S. government through the Inflation Reduction Act's Energy Infrastructure Reinvestment ("EIR") program....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
On February 28, 2024, the U.S. House of Representatives passed a bill containing a package of nuclear licensing reforms aimed at speeding the deployment of advanced nuclear reactors. The bill, which had strong bipartisan...more
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
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
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 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
The guidance will provide clarity and a compliance path to companies seeking permission to launch or reenter space-based nuclear technologies. The U.S. Federal Aviation Administration’s newly released Advisory Circular AC...more
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
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
If accepted, the new Draft Regulatory Guide DG-4034, “General Site Suitability Criteria for Nuclear Power Stations,” may facilitate the siting of both advanced and traditional reactors closer to population centers. The...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