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Nuclear Regulatory Commission Environmental Policies

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

Morgan Lewis

Regulating the Power of the Sun: Fusion Energy Breakeven Is a Breakthrough

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Fusion energy is hot. And not just literally. The scientific community is abuzz about a recent announcement that Lawrence Livermore National Laboratory scientists achieved the first energy breakeven from a fusion reaction....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

Senators call for the NRC to develop differentiated fusion regulation

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On August 18, 2022, Senator Tom Carper (D-DE), Chairman of the Senate Committee on Environment & Public Works (EPW), and Senator Shelley Moore Capito (R-WV), Ranking Member of the EPW, sent a letter to the Chairman of the...more

Hogan Lovells

NRC Commission and staff take several actions impacting environmental reviews during licensing

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First, the Commission voted to not conduct a formal rulemaking on the NRC’s current environmental review process under 10 CFR Part 51. Separately, the staff proposed alternative timelines for a rulemaking to revise the...more

Morgan Lewis - Up & Atom

NRC Staff Releases Environmental Justice Recommendations: There's Room for Improvement

The NRC staff recently released its long-awaited policy paper on Environmental Justice (EJ) reform at the agency (SECY-22-0025, “Systematic Review of How Agency Programs, Policies, and Activities Address Environmental...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

Pillsbury Winthrop Shaw Pittman LLP

NRC Staff Issues Environmental Justice Recommendations

Several NRC Staff recommendations emphasize increased communication with stakeholders, including creating an NRC Federal Advisory Committee on Environmental Justice issues. However, it is unclear how this committee or other...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

Hogan Lovells

NRC ordered new environmental reviews for subsequent license renewals—reversing approved extensions

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On February 24, 2022, the Nuclear Regulatory Commission (NRC) issued three unusual decisions pertaining to the agency’s review of subsequent license renewal (SLR) applications.  The Commission orders reversed a previous...more

Hogan Lovells

NRC Ordered Updated Environmental Review for Reactors Seeking Subsequent License Renewals—Reversing Four Previously Extended...

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On February 24, 2022, the Nuclear Regulatory Commission (NRC) issued three unusual decisions pertaining to the agency’s review of subsequent license renewal (SLR) applications.  The Commission orders reversed a previous...more

Hogan Lovells

Correcting the Record

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In early 2022, blog author Amy Roma spoke with a Bloomberg Law reporter about the Nuclear Regulatory Commission’s (NRC) Part 53 rulemaking efforts to support advanced reactor licensing. Amy’s position is that the NRC...more

Morgan Lewis - Up & Atom

Commission Denies NRC Staff Request to Discontinue ISFSI Security Rulemaking

The Commission recently issued SRM-SECY-19-0100, in which it disapproved, by a 2-to-1 vote, a request made by the NRC staff that sought approval to discontinue the Independent Spent Fuel Storage Installation (ISFSI) Security...more

Morgan Lewis - Up & Atom

Large Increase in NRC’s Maximum Civil Monetary Penalty Amounts Fueled by Rising Inflation

The US Nuclear Regulatory Commission (NRC) issued a final rule in the Federal Register on January 14 updating the maximum amounts of civil monetary penalties it can impose. Reflecting the price challenges in the larger US...more

Morgan Lewis

NRC Approves Publication of Proposed Nuclear Reactor Transitioning to Decommissioning Rule

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The US Nuclear Regulatory Commission (NRC) approved publication in the Federal Register of a proposed rule, “Regulatory Improvements for Production and Utilization Facilities Transitioning to Decommissioning” on November 3,...more

Morgan Lewis - Up & Atom

Environmental Justice: NRC’s Last Meeting Before End of Comment Period

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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

Hogan Lovells

NRC Takes the Next Step in its Consideration of Environmental Justice

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On September 27, the NRC held a public meeting where it invited speakers to present on their experience with environmental justice (EJ) issues and also to hear recommendations on the agency’s approach when reevaluating how to...more

Morgan Lewis - Up & Atom

NRC Staff Proposes Rulemaking to Update Environmental Regulations

The US Nuclear Regulatory Commission (NRC) Staff has sought the Commission’s approval to initiate a rulemaking to update the agency’s environmental protection regulations for licensing activities....more

Hogan Lovells

NRC Commission Approves GEIS for Advanced Nuclear Reactors

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On September 21, 2020, the Nuclear Regulatory Commission (NRC) voted to develop and codify a Generic Environmental Impact Statement (GEIS) for the construction and operation of advanced nuclear reactors through a...more

Hogan Lovells

Summer Updates on Advanced Reactors: New proposed nuclear legislation, updates on foreign investment, SMRs for moon and Mars

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Draft legislation American Nuclear Infrastructure Act of 2020 set to provide further support for advanced reactors - On July 29th, Senator Barrasso (R-WY) introduced a draft bill, the American Nuclear Infrastructure Act of...more

Morgan Lewis - Up & Atom

NRC Updates Internal Guidance on Environmental Reviews

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

Morgan Lewis - Up & Atom

NRC to Conduct NEPA Scoping to Prepare GEIS for Advanced Nuclear Reactors

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

Hogan Lovells

Proposed Reforms to NEPA & Their Impact on New Nuclear

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The Council on Environmental Quality is proposing major changes to its regulations concerning the National Environmental Policy Act (NEPA), that if implemented could have impacts on advanced reactor licensing. ...more

Morgan Lewis

NRC Seeks Input on Developing a GEIS for Advanced Reactors

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As we reported last summer, the Nuclear Regulatory Commission (NRC) Staff is considering whether to prepare a Generic Environmental Impact Statement (GEIS) for the construction and operation of advanced nuclear reactors (ANR...more

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