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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

NRC Escalated Enforcement Increased in 2022

The NRC’s Office of Enforcement (OE) recently published its Enforcement Program Annual Report for Calendar Year 2022. In 2022, the NRC issued 73 escalated enforcement actions to licensees, non-licensees, and individuals. This...more

NRC to Regulate Fusion Energy Systems Using Existing Nuclear Materials Licensing Framework

The US Nuclear Regulatory Commission (NRC) has set a course to create a regulatory framework for fusion energy systems that builds on NRC’s existing nuclear materials licensing process. As we have previously reported, NRC had...more

Nuclear Energy and Hydrogen: Partners in Decarbonization

The Nine Mile Point nuclear power station in Oswego, New York began producing hydrogen in March 2023 as part of a demonstration project sponsored by the US Department of Energy. Although Nine Mile Point produced hydrogen...more

NRC Office of Investigations FY 2022 Annual Report Shows Jump for Reactors, Decrease for Material Licensees

The NRC’s Office of Investigations (OI) recently published its Annual Report Fiscal Year 2022 summarizing its activities from October 1, 2021 through September 30, 2022. According to the annual report, OI opened 70 new cases...more

NRC Updates Guidance on Cybersecurity Programs for Nuclear Power Reactors

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

NRC Issues Notice of Proposed Rulemaking on Alternatives to Credit Ratings for Decommissioning Financial Assurance

The NRC issued a Notice of Proposed Rulemaking (NOPR) proposing a rule, “Alternatives to the Use of Credit Ratings,” that would amend its decommissioning financial assurance mechanisms in 10 CFR Part 30....more

NRC Altering Population Siting Guidance for Advanced Reactors

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

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