News & Analysis as of

Nuclear Power Licensing Rules

Pillsbury Winthrop Shaw Pittman LLP

FAA Issues Licensing Guidance for Launch and Reentry of Space Nuclear Systems

The guidance will provide clarity and a compliance path to companies seeking permission to launch or reenter space-based nuclear technologies. The U.S. Federal Aviation Administration’s newly released Advisory Circular AC...more

Morgan Lewis - Up & Atom

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

Morgan Lewis - Up & Atom

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

Morgan Lewis - Up & Atom

NRC Annual Trends Report Shows Increase in Allegations

The NRC recently issued its Allegation Program Annual Trends Report, analyzing regional, national, and site-specific allegation trends for calendar year 2021. The report’s top-line numbers show that allegations increased...more

Morgan Lewis - Up & Atom

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

Hogan Lovells

Bill Eyes Eliminating NRC Fees for Advancing Fission and Fusion License

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On December 7, 2021, Rep. Anthony Gonzalez (R-OH) and Rep. Elaine Luria (D-VA) introduced legislation to change the Nuclear Regulatory Commission’s (“NRC”) fee structure for licensing advanced technology. The legislation,...more

Morgan Lewis - Up & Atom

NRC Issues Draft White Paper to Help Streamline Licensing for Microreactors

The NRC released a draft white paper discussing options to streamline its regulatory licensing process for microreactors. Specifically, the NRC Staff is “considering strategies to streamline the license review process by...more

Morgan Lewis - Up & Atom

NRC Concludes No Major Updates to Part 110 Needed to Accommodate Advanced Reactor Designs

An NRC working group released a report on July 23 after conducting a “fundamental” review of 10 CFR Part 110 (Part 110) and the NRC’s readiness to license exports of advanced reactors and their associated nuclear material....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

Morgan Lewis - Up & Atom

Regulatory Relief Through the Pandemic: NRC Hosts Public Teleconference, Provides New Insight

Morgan Lewis - Up & Atom on

Under the assumption that the coronavirus (COVID-19) public health emergency (PHE) will continue into 2021, the US Nuclear Regulatory Commission (NRC) Staff hosted a public meeting via teleconference on October 15 to discuss...more

Morgan Lewis - Up & Atom

Industry Responds to NRC’s Draft Guidance on True Identity Verification Requirements

The comment period for the NRC’s draft Regulatory Issue Summary (RIS) on true identity verification requirements closed on June 15, 2020. The industry had asked for and received a 45-day extension from the original April 30...more

Morgan Lewis - Up & Atom

NRC Issues Final Guidance on Regulatory Relief from Part 37 Security Requirements During COVID-19

The NRC issued a letter to holders of licenses other than operating power reactor licenses (separate information regarding requests for temporary exemptions from certain security requirements at operating reactors has been...more

Morgan Lewis - Up & Atom

NRC Guidance: Enforcement Discretion for Byproduct Material Licensees

The NRC’s Office of Enforcement (OE) recently issued Attachment 2 to Enforcement Guidance Memorandum (EGM) 20-002, providing guidance to NRC inspection staff for exercising enforcement discretion for certain byproduct...more

Morgan Lewis - Up & Atom

NRC Issues Draft Guidance on Regulatory Relief from Part 37 Security Requirements During COVID-19

The NRC issued a draft letter to holders of licensees (other than operating power reactor licensees) to possess Category 1 or 2 quantities of radioactive material (RAM) as defined in Appendix A to 10 CFR Part 37....more

Hogan Lovells

Developments in Advanced Reactor Licensing and Nuclear Export Controls

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Over the past month, there have been major developments related to U.S. Nuclear Regulatory Commission (NRC) advanced reactor licensing reform and nuclear-related export controls. ...more

Morgan Lewis

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

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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

Morgan Lewis

NRC Announces Forthcoming Guidance, Exemptions from Emergency Preparedness Requirements

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The NRC Staff hosted a public meeting via teleconference on April 30 to discuss regulatory relief from emergency preparedness (EP) requirements during the coronavirus (COVID-19) public health emergency (PHE)....more

Morgan Lewis

Exemptions for Fire Protection: NRC Hosts Public Teleconference Meeting, Provides Further Guidance

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The US Nuclear Regulatory Commission (NRC) Staff hosted a public meeting via teleconference on April 29 to discuss available regulatory relief pathways from fire protection requirements during the coronavirus (COVID-19)...more

Morgan Lewis - Up & Atom

NRC Issues Guidance on Operator Licensing Requirements During COVID-19 Pandemic

The US Nuclear Regulatory Commission (NRC) Office of Nuclear Reactor Regulation (NRR) issued a letter on April 14 to provide guidance on reactor operator licensing requirements during the coronavirus (COVID-19) pandemic. ...more

Morgan Lewis - Up & Atom

NRC Issues Guidance to Radioactive Material Licensees on Regulatory Relief During COVID-19 Pandemic

The US Nuclear Regulatory Commission (NRC) issued a letter on April 7 to all NRC licensees authorized to possess byproduct, source, and special nuclear material – excluding operating power reactor and research test reactor...more

Hogan Lovells

Energy Impact Center Launches OPEN100

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The Energy Impact Center (EIC), which brought us the well-known Titans of Nuclear podcast series, has recently launched “OPEN100,” which provides important open-source information intended to streamline the power plant design...more

Hogan Lovells

Nuclear Innovation Alliance Publishes Two Papers on Streamlining NRC Licensing Reviews for Advanced Reactors

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The Nuclear Innovation Alliance (NIA) late last week published two papers on recommendations for addressing regulatory challenges related to advanced reactor licensing...more

Hogan Lovells

Energy Snippets

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Release of updated IRP imminent, says Radebe, as he allays coal producers' fears - Energy Minister Jeff Radebe has promised that the update of the Integrated Resource Plan (IRP), which reflects the government’s policy...more

Hogan Lovells

Looking at Recent Advanced Reactor Licensing Actions

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April has seen significant milestones in licensing of advanced reactors.  We take a closer look at these developments, in particular the first submission of an advanced reactor license application in Canada....more

Hogan Lovells

Nuclear Legislation Caps Off Nuclear Innovation Week

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The reintroduction of Nuclear Energy Leadership Act (NELA) caps off a week of activities focused on innovation, and follows on advancement of key U.S. Nuclear Regulatory Commission (NRC) guidance on advanced reactor...more

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