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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

Chevron Overturned: Ruling May Impact Challenges to NRC Actions to a Lesser Extent Than Other Agencies

The US Supreme Court’s recent Loper Bright decision overturned its 1984 Chevron decision, which, over the last 40 years, had become a fundamental doctrine in administrative law. That doctrine, known as the “Chevron...more

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

Commission Approves Draft Rule to Update Environmental Regulations and GEIS for Subsequent License Renewal

The NRC commissioners unanimously approved on January 23, 2023 the publication of a proposed rule to update the NRC’s environmental regulations in Part 51 and issue a draft update to the NRC’s Generic Environmental Impact...more

NRC Provides Details on ‘Information-Sharing Agreements’ for CUI

On December 8, the NRC issued Regulatory Issue Summary (RIS) 2022-03 detailing its plans regarding the use of “Information-Sharing Agreements” to share controlled unclassified information (CUI) with non-executive branch...more

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

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

NRC Announces Presiding Officer Framework for New Reactor Construction Permit ‘Mandatory’ Hearings

The Nuclear Regulatory Commission recently issued SRM-SECY-21-0107, in which it approved the NRC Staff’s recommendation to delegate authority to the Atomic Safety and Licensing Board (ASLB) Panel—the independent trial-level...more

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

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

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

NRC Staff Issues Findings From 2021 Decommissioning Status Reports

The NRC staff recently issued findings from their review of the 2021 decommissioning funding status (DFS) reports submitted by power reactor licensees and licensees of power reactors in decommissioning. These reports are...more

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

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

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

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

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

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

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

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

Changes We Can Expect Now That Biden Has Designated Hanson as NRC Chairman

President Joe Biden has elevated Democratic Commissioner Christopher T. Hanson to serve as Chairman of the US Nuclear Regulatory Commission (NRC).  Mr. Hanson succeeds former Republican Chairman Christine Svinicki—the...more

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

NRC Withdraws Unpopular Proposed VLLW Interpretive Rule

Under the substantial weight of industry, state, and public pressure, the NRC yesterday published a notice in the Federal Register (85 FR 81960) announcing its withdrawal of its proposed highly controversial reinterpretation...more

NRC Reaffirms Its Decision Allowing SLR Applicants to Rely on License Renewal GEIS

In a recently issued NRC adjudicatory decision, the Commission reaffirmed its regulatory interpretation allowing power reactor licensees applying for subsequent license renewal (SLR), and the NRC Staff reviewing these...more

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

Update: NRC Releases Guidance on Requesting Exemptions from Fire Protection Requirements

The NRC Staff released specific guidance to operating and decommissioning reactor licensees on requesting exemptions from fire protection requirements during the coronavirus (COVID-19) public health emergency (PHE) on May 14....more

Update: NRC Releases Specific Guidance on Requesting Exemptions from Emergency Preparedness Requirements

The NRC Staff released specific guidance to all licensees on how to request exemptions from emergency preparedness (EP) biennial exercise requirements on May 14. The guidance supplements the NRC’s April 30 teleconference,...more

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