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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
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
The concept of deploying nuclear reactors as a carbon-free source of energy is gaining momentum in Alberta and elsewhere in Canada. This article explores recent promising developments in this space and discusses some of the...more
As part of long-range plans to address climate change, many states have adopted policies to spur the transition to a low-carbon future. Renewable sources like solar, wind and geothermal energy have garnered considerable...more
Today, April 3, the Senate Energy and Public Works Committee (“EPW”) introduced new legislation that continues to demonstrate bipartisan support for advanced nuclear reactor developments, including expanding levels of...more
After 13 years, the Nuclear Regulatory Commission has issued revised guidance for cybersecurity programs for nuclear power reactors. All nuclear power reactor owners must review the NRC’s latest guidance and confirm their...more
The NRC commissioners unanimously approved on January 23, 2023 the publication of a proposed rule to update the NRC’s environmental regulations in Part 51 and issue a draft update to the NRC’s Generic Environmental Impact...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
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...more
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...more
The US Department of Energy (DOE) announced on April 19 that it is now accepting sealed bids from reactor owners and operators to receive initial credits under the Civil Nuclear Credit Program (CNCP). Concurrent with this...more
The Nuclear Regulatory Commission recently issued SRM-SECY-21-0107, in which it approved the NRC Staff’s recommendation to delegate authority to the Atomic Safety and Licensing Board (ASLB) Panel—the independent trial-level...more
In response to reports from the NRC’s Office of Inspector General (OIG) and a tasking order from the NRC's executive director of operations (EDO) directing a review of NRC oversight of “counterfeit, fraudulent, and suspect...more
The NRC held a public meeting on March 4 to discuss the issuance for public comment of draft regulatory guide (DG) DG-5061, Revision 1, Cyber Security Programs for Nuclear Power Reactors. DG-5061, Revision 1 would revise...more
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...more
The NRC is taking an important step toward an inclusive licensing regime for a new generation of reactors. On January 3, the NRC staff submitted for commission approval a recommended final rule on “Emergency Preparedness for...more
Those involved with advanced reactors are well aware of the issues associated with high-assay low-enriched uranium (HALEU) fuel: advanced reactors need HALEU to operate, but the U.S. doesn’t have domestic production...more
The NRC staff recently issued findings from their review of the 2021 decommissioning funding status (DFS) reports submitted by power reactor licensees and licensees of power reactors in decommissioning. These reports are...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
On December 7, 2021, Rep. Anthony Gonzalez (R-OH) and Rep. Elaine Luria (D-VA) introduced legislation to change the Nuclear Regulatory Commission’s (“NRC”) fee structure for licensing advanced technology. The legislation,...more
NRC Commissioners Christopher Hanson, David Wright, and Jeff Baran recently voted 2-1 (Commissioner Baran dissenting) to implement SECY-21-0029, “Rulemaking Plan on Revision of Inservice Testing and Inservice Inspection...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
The NRC’s Commissioners approved an NRC Staff request on August 5 to withdraw two SECY memoranda related to improvements of the effectiveness and efficiency of the Reactor Oversight Process (ROP). These SECY papers were...more
The NRC’s Office of the Inspector General (OIG) recently released a report (OIG-21-A-13) discussing the results of its audit of the NRC’s pandemic oversight of nuclear power plants. The purpose of the audit was to “assess the...more
The NRC Office of Enforcement (OE) recently published its Enforcement Program Annual Report for calendar year 2020. The report shows that the number of escalated enforcement actions increased 7% over 2019, but remained below...more