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Nuclear Regulatory Commission Energy Policy

Jones Day

U.S. Department of Energy Conditionally Commits Up to $1.5 Billion to Finance Nuclear Plant in Michigan

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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

Latham & Watkins LLP

US Nuclear Regulatory Commission Certifies First Small Modular Nuclear Reactor Design

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The move represents a step forward for the small modular nuclear reactor industry, but legislative uncertainty over new nuclear facilities in the US remains. As part of long-range plans to address climate change, many...more

Hogan Lovells

Idaho National Laboratory recommendations on ways to improve NRC reactor licensing

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In April 2023, Idaho National Laboratory (“INL”), a U.S. Department of Energy (“DOE”) National Laboratory, published a report entitled “Recommendations to Improve the Nuclear Regulatory Commission Reactor Licensing and...more

Hogan Lovells

NRC Commissioners vote on regulatory framework for fusion, picking the byproduct materials framework

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On April 13, 2023, Commissioners of the U.S. Nuclear Regulatory Commission (“NRC”) directed the NRC staff to create a regulatory framework for fusion energy systems, building on the agency’s existing process for licensing the...more

Hogan Lovells

Legislation to advance new nuclear technologies and establish interagency and international engagement

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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

Hogan Lovells

New GAO Report highlights advancements in fusion, challenges, and provides policy recommendations

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On March 30, the Government Accountability Office (“GAO”) published a report walking through the benefits and latest progress in fusion energy developments, while noting certain challenges and proposing policy approaches to...more

Morgan Lewis - Up & Atom

NRC Updates Guidance on Power Reactor Decommissioning Costs

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

Morgan Lewis - Up & Atom

DOE Confirms Changes to Generally Authorized Countries Under Part 810

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

Hogan Lovells

NRC Staff contemplates licensing and regulating fusion energy systems

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On September 14, the NRC staff publicly released its preliminary White Paper on “Licensing and Regulating Fusion Energy Systems” to support upcoming meetings with the Advisory Committee on Reactor Safeguards on options for...more

Hogan Lovells

NRC staff concludes review of Environmental Justice policy, makes recommendations to the Commission

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On April 12, 2022, the U.S. Nuclear Regulatory Commission (“NRC”) staff completed its systematic assessment of how the NRC approaches environmental justice in its programs, policies and activities, by submitting to the...more

Morgan Lewis - Up & Atom

NRC Selects Aggressive Schedule to Confirm GEIS Applicability to Subsequent License Renewal

The Commission recently approved the NRC Staff’s recommendation to pursue a 24-month schedule for updating the agency’s Generic Environmental Impact Statement for License Renewal of Nuclear Plants (LR GEIS). The Commission’s...more

Morgan Lewis - Up & Atom

From Prescriptive to Performance-Based: New NRC Rules on Emergency Preparedness

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

Morgan Lewis - Up & Atom

SUNSI You Later: NRC Moves Closer to 2022 CUI Implementation with Rulemaking Recommendation

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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

Morgan Lewis - Up & Atom

NRC Concludes No Major Congressional Changes Necessary to Price-Anderson Act

Morgan Lewis - Up & Atom on

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

Morgan Lewis - Up & Atom

Sunset on SUNSI: NRC Moves Closer to Implementing CUI Program

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

Morgan Lewis - Up & Atom

Commissioners Vote to Extend Inservice Inspection Surveillance Program

Morgan Lewis - Up & Atom on

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

Morgan Lewis - Up & Atom

NRC Concludes No Major Updates to Part 110 Needed to Accommodate Advanced Reactor Designs

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

Hogan Lovells

NRC Solicits Comments on Environmental Justice

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On July 9, the Nuclear Regulatory Commission (NRC) issued a Federal Register notice, Systematic Assessment for How the NRC Addresses Environmental Justice in Its Programs, Policies, and Activities. Comments on the notice are...more

Hogan Lovells

American Nuclear Infrastructure Act Makes a 2021 Comeback

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Last week, a bipartisan group of U.S. Senators re-introduced the American Nuclear Infrastructure Act (ANIA), which is aimed at improving the nation’s nuclear infrastructure and supply chain, growing the economy, creating...more

Morgan Lewis - Up & Atom

NRC to Consider Streamlining NEPA Process with Additional Categorical Exclusions

The NRC recently published an advance notice of proposed rulemaking (ANPR) seeking public comments on possible amendments to its National Environmental Policy Act (NEPA) regulations on categorical exclusions. Comments are due...more

Morgan Lewis - Up & Atom

NRC Allegations Trends Report Shows a Decrease in Number of Allegations

The NRC recently issued its Allegation Program Annual Trends Report. The report analyzes regional, national, and site-specific allegation trends for calendar year 2020. The report’s top-line numbers show that the number of...more

Hogan Lovells

NRC Seeking Comment on NEPA Categorical Exclusions

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Last week the Nuclear Regulatory Commission (NRC) published an advance notice of proposed rulemaking and request for comment on categorical exclusions under the National Environmental Policy Act (NEPA). NEPA requires that...more

Morgan Lewis - Up & Atom

NRC Exploring Potential Role of Artificial Intelligence in Commercial Nuclear Power Operations

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

Morgan Lewis - Up & Atom

NRC Overhauls Public Meeting ‘Category’ Definitions

The NRC recently approved a revision to its Policy Statement, “Enhancing Participation in NRC Public Meetings.” If you have attended an NRC public meeting in the past few decades, you may be familiar with the NRC’s triage of...more

Morgan Lewis - Up & Atom

Progress on Alignment of New Reactor Licensing Requirements

The NRC recently held a meeting to discuss the path forward on its plans to address inconsistencies between the two primary licensing paths for new reactors. The agency estimates that its streamlining effort will result in...more

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