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Nuclear Regulatory Commission Nuclear Power National Environmental Policy Act

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INL issues second report recommending improvements to nuclear licensing

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Idaho National Laboratory (INL), a U.S. Department of Energy (DOE) National Laboratory, has published an updated set of recommendations to reform and streamline nuclear energy licensing. The INL/RPT-25-84292, “Recommendations...more

Morgan Lewis - Up & Atom

DC Circuit Upends CEQ Authority But Will the Decision Impact NRC Actions

The National Environmental Policy Act of 1969 (NEPA) requires federal agencies, including the Nuclear Regulatory Commission (NRC), to evaluate the potential environmental impacts of their proposed actions. That statute also...more

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

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Idaho National Laboratory recommendations on ways to improve NRC reactor licensing

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In April 2023, Idaho National Laboratory (“INL”), a U.S. Department of Energy (“DOE”) National Laboratory, published a report entitled “Recommendations to Improve the Nuclear Regulatory Commission Reactor Licensing and...more

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NRC Commission and staff take several actions impacting environmental reviews during licensing

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First, the Commission voted to not conduct a formal rulemaking on the NRC’s current environmental review process under 10 CFR Part 51. Separately, the staff proposed alternative timelines for a rulemaking to revise the...more

Morgan Lewis - Up & Atom

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

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NRC Staff Issues Environmental Justice Recommendations

Several NRC Staff recommendations emphasize increased communication with stakeholders, including creating an NRC Federal Advisory Committee on Environmental Justice issues. However, it is unclear how this committee or other...more

Morgan Lewis - Up & Atom

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

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NRC ordered new environmental reviews for subsequent license renewals—reversing approved extensions

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On February 24, 2022, the Nuclear Regulatory Commission (NRC) issued three unusual decisions pertaining to the agency’s review of subsequent license renewal (SLR) applications.  The Commission orders reversed a previous...more

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NRC Ordered Updated Environmental Review for Reactors Seeking Subsequent License Renewals—Reversing Four Previously Extended...

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On February 24, 2022, the Nuclear Regulatory Commission (NRC) issued three unusual decisions pertaining to the agency’s review of subsequent license renewal (SLR) applications.  The Commission orders reversed a previous...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

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NRC Takes the Next Step in its Consideration of Environmental Justice

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On September 27, the NRC held a public meeting where it invited speakers to present on their experience with environmental justice (EJ) issues and also to hear recommendations on the agency’s approach when reevaluating how to...more

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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

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NRC Seeking Input to Update NEPA Process for Categorical Exclusions

In an important step furthering recent commitments to modernize its environmental review process, the NRC has requested input on its plan to update and expand the field of categorical exclusions in its regulations...more

Morgan Lewis - Up & Atom

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

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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

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

Morgan Lewis - Up & Atom

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

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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

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American Nuclear Infrastructure Act 2020 Safeguards the Future of Nuclear

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Yesterday U.S. Senators John Barrasso (R-WY), Sheldon Whitehouse (D-RI), Mike Crapo (R-ID), and Cory Booker (D-NJ) introduced the American Nuclear Infrastructure Act (ANIA) 2020.  ...more

Pillsbury Winthrop Shaw Pittman LLP

NRC Commissioners Adopt a Generic Environmental Impact Statement for Advanced Nuclear Reactors, Following Approaches Outlined in...

On September 21, 2020, the Nuclear Regulatory Commission (NRC) announced that it has approved the development of a generic environmental impact statement (GEIS) for the construction and operation of advanced nuclear reactors...more

Pillsbury Winthrop Shaw Pittman LLP

Generational Reform of the National Environmental Policy Act Has Weighty Implications for the Nuclear Industry

On July 15, 2020, the White House Council on Environmental Quality implemented sweeping amendments to modernize and streamline NEPA environmental reviews. These amendments stand to have a trickle-down effect on the nuclear...more

Morgan Lewis - Up & Atom

NRC to Conduct NEPA Scoping to Prepare GEIS for Advanced Nuclear Reactors

The NRC on April 30 published a notice of its intent to conduct scoping and gather information necessary to develop a Generic Environmental Impact Statement (GEIS) for small-scale advanced nuclear reactors (ANRs). ...more

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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

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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

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The White House Infrastructure Plan & Permitting Reform Opportunities

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The White House released its long-awaited infrastructure plan outline last week.  Leaving aside the funding proposals, the plan sets forth a number of potential revisions to the environmental permitting process for new...more

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