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Lessons from the Ninth Circuit’s Recent Fukushima Ruling

A panel of the US Court of Appeals for the Ninth Circuit on May 22 issued an order upholding a trial court’s dismissal of the long-running Cooper v. Tokyo Electric Power Co. Holdings Inc. lawsuit. ...more

Update: DOE Changes Key Dates for Advanced Reactor Demonstration Funding Opportunity

The US Department of Energy (DOE) has announced new key dates for companies considering applying for funding for its Advanced Reactor Demonstration (ARD) program. Morgan Lewis previously reported on the ARD Funding...more

The Race Begins: DOE’s $230 Million Advanced Nuclear Reactor Program Is Out of the Blocks

The US Department of Energy (DOE) released a Funding Opportunity Announcement (FOA) for its Advanced Reactor Demonstration (ARD) program on May 14. ...more

NRC Creeps Ever So Slowly Toward New Licensing Framework for Advanced Nuclear Reactors

The Nuclear Regulatory Commission (NRC) Executive Director for Operations recently issued SECY-20-0032, requesting the Commission’s approval of a seven-year rulemaking plan for a “Risk-Informed, Technology-Inclusive...more

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

NNSA Issues Part 810 Report to Congress for FY 2019

The US Department of Energy’s National Nuclear Security Administration (NNSA) submitted its annual report on Transfers of Civil Nuclear Technology to Congress for fiscal year (FY) 2019. ...more

BIS Amends EAR’s Nuclear-Related Categories for EEI Filing and Military End Users

A final rule issued by the US Department of Commerce’s Bureau of Industry and Security (BIS) on April 28 broadens license requirements in Part 744 of the Export Administration Regulations (EAR) to include military end users...more

NNSA’s Part 810 Operations Continue Despite COVID-19 – Reports Still Due Per Regulation

The US Department of Energy’s National Nuclear Security Administration (NNSA) recently posted guidelines on its continued operations during the coronavirus (COVID-19) pandemic. While NNSA personnel are mostly working...more

NRC to Develop Generic Environmental Impact Statement for Advanced Nuclear Reactors

In SECY 20-0020, issued on February 28, the NRC Staff informed the Commission of its conclusion that developing a generic environmental impact statement (GEIS) for advanced nuclear reactors (ANRs) is viable....more

DOE Issues RFI/NOI for Advanced Reactor Development Awards

On February 5, DOE released a Request for Information/Notice of Intent (RFI/NOI), which announced DOE’s intent to solicit applications for two Advanced Reactor Development (ARD) awards. Each award will be in the amount of $80...more

DOE Requests Comments on Impact of NRC Export Ban on Mo-99 Supplies

The US Department of Energy (DOE) is requesting comments on whether there is a sufficient supply of molybdenum-99 (Mo-99) to meet medical needs without the export of highly enriched uranium (HEU) from the United States....more

NRC Seeks Input on Developing a GEIS for Advanced Reactors

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

NRC Licensing of Advanced Reactors – Recent Developments

The Nuclear Regulatory Commission (NRC) and its Advisory Committee on Reactor Safeguards (ACRS) have been busy in recent weeks assessing issues related to the licensing of non-light water reactors (non-LWRs)....more

DOE Publishes Proposed Rule for Part 810 Civil Monetary Penalties

The US Department of Energy (DOE) published a notice of proposed rulemaking (NOPR) in the October 3 Federal Register to establish procedures for imposing civil monetary penalties for violations of 10 CFR Part 810 (Part 810)....more

NRC Considering Development of Generic Environmental Impact Statement for Advanced Reactors

In a June 25, 2019, letter to the Chairman of the US Nuclear Regulatory Commission (NRC), Senators John Barrasso and Mike Braun requested that the agency develop a Generic Environmental Impact Statement (GEIS) for the...more

NRC Holds Public Meeting on the Regulatory Basis Regarding Physical Security of Advanced Reactors

The Nuclear Regulatory Commission (NRC) held a public meeting on August 8 to provide information and receive comments on the regulatory basis supporting the NRC’s rulemaking on physical security requirements for advanced...more

NRC Seeks Comment on the Regulatory Basis Regarding Physical Security of Advanced Reactors

The Nuclear Regulatory Commission (NRC) published a Federal Register notice on July 16 requesting comments on a regulatory basis supporting a “limited scope” rulemaking to develop physical security requirements for advanced...more

DOE Employees and Contractors Prohibited from Certain Talent Recruitment Programs

To address national security interests and prevent the unauthorized transfer of scientific and technical information to certain foreign entities, the US Department of Energy (DOE) issued Order No. 486.1 on June 7. ...more

DOE to Prohibit Contractors from Technical Collaboration with Certain Foreign Governments

The US Department of Energy (DOE) issued Order No. 486.1 on June 7 prohibiting DOE employees and contractors from participating in the foreign government “talent recruitment programs” of countries designated by the DOE as a...more

DOE Issues Notice on What Constitutes High-Level Radioactive Waste

The US Department of Energy (DOE) issued a Supplemental Federal Register Notice on June 5 that addresses its interpretation of what constitutes high-level radioactive waste (HLW). The DOE said the notice reflects DOE policy...more

Senate Bill Would Require Additional DOE Part 810 Reporting to Congress With Unknown Protections for Industry Proprietary...

A bipartisan group of four senators has introduced a bill that would amend the Atomic Energy Act to require the US Department of Energy (DOE) to submit to Congress quarterly reports providing information about industry’s and...more

DOE Revises Regulations on Nuclear Technology Exports

The revised rules (10 C.F.R. Part 810) that govern “Assistance to Foreign Atomic Energy Activities” will take effect on March 25. After almost three and a half years, the US Department of Energy’s (DOE’s) new Part 810...more

Is EPA Setting Its Sights on Hydraulic Fracturing Compounds?

Agency implements rule requiring companies to disclose information regarding the use of certain industrial chemical substances commonly used in natural gas and oil well drilling....more

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