News & Analysis as of

Nuclear Power Comment Period

Morgan Lewis - Up & Atom

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

Wiley Rein LLP

Treasury Requests Comments for Upcoming Guidance on Energy Tax Benefits in the Inflation Reduction Act

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The U.S. Treasury Department (Treasury) and the Internal Revenue Service (IRS) published six notices on October 5, 2022, requesting comments on various provisions in the Internal Revenue Code (Code) related to energy tax...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

Hogan Lovells

NRC Solicits Comments on Environmental Justice

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On July 9, the Nuclear Regulatory Commission (NRC) issued a Federal Register notice, Systematic Assessment for How the NRC Addresses Environmental Justice in Its Programs, Policies, and Activities. Comments on the notice are...more

Hogan Lovells

NRC Seeking Comment on NEPA Categorical Exclusions

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Last week the Nuclear Regulatory Commission (NRC) published an advance notice of proposed rulemaking and request for comment on categorical exclusions under the National Environmental Policy Act (NEPA). NEPA requires that...more

Morgan Lewis - Up & Atom

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

Hogan Lovells

NRC Seeks Comment on Proposed Policy Statement on Use of Evidence in Regulatory Activities

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On December 7, the Nuclear Regulatory Commission (NRC) published a Proposed Evaluation Policy Statement (the “Proposed Policy Statement”) that seeks public comment regarding the NRC’s use of evidence for many non-adjudicatory...more

Hogan Lovells

Substantive Development of “Part 53” Kicks Off

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The NRC staff is moving forward with development of the 10 CFR Part 53 rulemaking, which will establish a new framework for licensing and regulating advanced nuclear reactors (and potentially also extending to fusion...more

Hogan Lovells

US Government Proposes to Lift Ban on Financing Nuclear Energy Projects Overseas

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The United States has been struggling to compete with its peers in securing nuclear power plant construction projects around the world.  One of the factors impacting U.S. competitiveness is that many foreign countries such as...more

Morgan Lewis - Up & Atom

Implications for US Nuclear – Recent CFIUS Proposed Changes to Mandatory Filings

The US Department of the Treasury’s Committee on Foreign Investment in the United States (CFIUS) published proposed rule changes on May 21 addressing when parties must notify the Committee of proposed transactions....more

Hogan Lovells

Your Input Needed: NRC Publishes Proposed Rule on Emergency Preparedness for SMRs/ONTs

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Tuesday, the US Nuclear Regulatory Commission (NRC) published its proposed rule to revise its Emergency Preparedness (EP) requirements for small modular reactors (SMRs) and other new technologies (ONT, such as advanced...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

Hogan Lovells

NRC Considers GEIS for Advanced Reactors – Your Input Needed!

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The Nuclear Regulatory Commission (NRC) held two public meetings on November 15th and 20th to solicit feedback as to whether to compile a Generic Environmental Impact Statement (GEIS) for the construction and operation of...more

Hogan Lovells

NRC Publishes Draft Guidance on Advanced Reactor Licensing Basis Development

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The US Nuclear Regulatory Commission (NRC) in early May issued a notice seeking comments on a new draft regulatory guide impacting advanced reactor licensing. ...more

A&O Shearman

DOE Directs FERC to Consider Rule Providing Cost Recovery for Coal- and Nuclear-Fired Generating Facilities Operating in RTO/ISO...

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On September 29, 2017, Rick Perry, the Secretary of Energy, sent a letter to the Federal Energy Regulatory Commission (FERC) directing that FERC consider exercising its ratemaking authority under Sections 205 and 206 of the...more

Morgan Lewis

US Energy Secretary Directs FERC to Issue Rules Supporting Nuclear, Coal Generation

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If the proposed rules are adopted, they could provide significant economic support to coal and nuclear generation in organized markets....more

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