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Powering Data Centers: President Issues Four Executive Orders to Expand and Accelerate the Development of US Nuclear Energy

As we have previously written, the rise in data center development has significantly increased predicted electricity demand. As a reliable, carbon-free source of base load power with an average capacity factor of 93% in the...more

New Executive Orders Aim to Accelerate and Expand Development of US Nuclear Energy

The US president on May 23, 2025 signed four executive orders focused on promoting economic and national security by expanding and accelerating the development and use of nuclear energy in the United States to address rising...more

The State of Nuclear 2025: New Leadership, New Challenges, New Opportunities

2024 was marked by significant developments in the nuclear energy sector, shaped by evolving regulatory frameworks, legislative action, and growing global interest in nuclear power. In the United States the Accelerating...more

NRC Office of Investigations FY 2024 Annual Report Shows Whistleblower Allegations on the Rise

The NRC’s Office of Investigations (OI) recently published its Annual Report for Fiscal Year 2024, summarizing its activities from October 1, 2023 through September 30, 2024. According to the annual report, OI opened 82 new...more

Powering the Future of Data: Infrastructure, Capacity, and Connectivity Considerations

The demand for data centers, both in the United States and abroad, has been accelerating at an unprecedented pace, driven largely by the rapid expansion of artificial intelligence (AI) and other digital applications....more

Federal Circuit Broadly Interprets Indemnity Provisions in the Price Anderson Act

A recent decision by the US Court of Appeals for the Federal Circuit reinstated claims seeking indemnification under the Price-Anderson Act. In reversing a decision by the US Court of Federal Claims, the Federal Circuit...more

US Spent Fuel Storage Liability Increases While Other Countries Develop Geologic Repositories

The US Department of Energy’s failure to transport and store spent nuclear fuel (SNF) pursuant to the Nuclear Waste Policy Act has required the government to reimburse the industry for substantial storage costs, and future...more

NRC Staff Lays Framework for the Agency’s AI Use

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

Nuclear Energy Mid-Year Report: Navigating the Changing Nuclear Landscape in 2024

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

The Intersection of Energy and Artificial Intelligence: Key Issues and Future Challenges

Artificial intelligence (AI) not only provides new technological advantages to the energy industry, but also the industry is itself responsible for providing the vast (and growing) amount of energy consumption driven by the...more

NRC Annual Reports: Allegations Rise, but Escalated Enforcement Actions Decline

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

US Congress Holds Hearing on Spent Nuclear Fuel Disposal

The House Subcommittee on Energy, Climate, and Grid Security held a hearing on April 10, 2024 to examine federal responsibility for the permanent disposal of spent nuclear fuel (SNF), along with opportunities for mitigating...more

NRC Releases 2023 Reactor Oversight Process Self-Assessment Results

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

NRC OI Annual Report: Significant Jump in Materials Licensee and Discrimination Investigations for FY 2023

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

NRC Proposes Adjustments to Annual Fees and Fee Schedules

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

A New Nuclear Age: How 2023 Developments Will Impact the Industry in 2024

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

NRC and FERC Commissioners Discuss Energy Industry Challenges at 2024 Joint Meeting

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

NRC to Increase Focus on Appendix B Compliance in View of FY2023 Enforcement Findings

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

Advisory Committee on Reactor Safeguards Endorses Alternative Option for Licensing Microreactors

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

NRC Provides Emergency Preparedness Flexibility for SMRs and Advanced Reactors

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

NRC Issues Proposed Rule Language for Fusion Systems

Over the course of 2023, the US Nuclear Regulatory Commission (NRC) has started to develop a regulatory framework for fusion energy systems. Significantly, and as we previously reported, NRC decided to modify the existing...more

NRC Plans Increased Focus on Reactor Safety Culture

The US Nuclear Regulatory Commission (NRC) recently published a memorandum from the Office of Nuclear Reactor Regulation (NRR) documenting planned changes to the NRR’s Safety Culture Inspection Program. The NRC expects to...more

Will a Government Shutdown Impact the NRC?

As fiscal year 2024 approaches, a partial government shutdown looms on the horizon once more. This would be the first partial government shutdown since the 36-day shutdown that began in late December 2018 and ended on January...more

NRC Finalizing Emergency Preparedness Rule for New Reactor Designs

The Nuclear Regulatory Commission (NRC) has announced that it intends to issue, by the end of 2023, the final rule and associated regulatory guide that sets emergency preparedness requirements for new reactors. The rulemaking...more

NRC Further Revises Guidance on Cybersecurity Programs for Nuclear Power Reactors

As we have previously reported, the Nuclear Regulatory Commission (NRC) is issuing revised guidance for cybersecurity programs for nuclear power reactors for the first time in over a decade. Earlier this year, the NRC updated...more

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