News & Analysis as of

Regulatory Requirements Nuclear Regulatory Commission

Perkins Coie

Trump Administration Launches Sweeping Initiative to Advance Deployment of Nuclear Technology

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On Friday, May 23, 2025, President Trump signed four executive orders related to nuclear energy, three of which seek to expedite approval processes for permitting new nuclear reactors. The orders, which build upon...more

Holland & Knight LLP

A Look at Ongoing Nuclear Litigation

Holland & Knight LLP on

As part of an ongoing spate of litigation, the U.S. Nuclear Regulatory Commission (NRC) filed a motion to dismiss, on procedural grounds, in a case that challenges its authority to require construction and operating licenses...more

Holland & Knight LLP

Supreme Court Hears Oral Argument in Nuclear Waste Storage Cases

Holland & Knight LLP on

The U.S. Supreme Court on March 5, 2025, heard oral argument in two cases related to the U.S. Nuclear Regulatory Commission's (NRC) authority to license temporary spent fuel storage facilities that are not co-located with a...more

Morgan Lewis - Up & Atom

NRC Office of Investigations FY 2024 Annual Report Shows Whistleblower Allegations on the Rise

The NRC’s Office of Investigations (OI) recently published its Annual Report for Fiscal Year 2024, summarizing its activities from October 1, 2023 through September 30, 2024. According to the annual report, OI opened 82 new...more

Genova Burns LLC

President Trump to Federal Agencies: “I’ve Got This”

Genova Burns LLC on

President Trump’s February 18th Executive Order entitled, “Ensuring Accountability for All Agencies,” represents a sweeping effort to consolidate federal executive branch lawmaking power with the President. The Order’s...more

Morgan Lewis - Up & Atom

Planning a Reactor Power Uprate? Time to Get in Line at the NRC

The NRC recently issued Regulatory Issue Summary (RIS) 2025-02, which asks reactor licensees to voluntarily provide information about their plans for power-uprate licensing submittals. The NRC will use this information to set...more

King & Spalding

Texas, Utah and Small Modular Reactor ("SMR") Developer Launch Lawsuit Alleging "Unlawful" Regulatory Regime

King & Spalding on

Complaint filed United States District Court, Eastern District of Texas (Case No. 6:24-cv-00507) - KEY TAKEAWAYS - The States of Texas and Utah, together with private developer Last Energy, have sued to exempt certain...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 Reaffirms Its Decision Allowing SLR Applicants to Rely on License Renewal GEIS

Morgan Lewis - Up & Atom on

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

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

NRC Guidance: Enforcement Discretion for Noncompliance with Radiological Emergency Response Plans

The NRC’s Office of Enforcement (OE) recently issued Attachment 3 to Enforcement Guidance Memorandum (EGM) 20-002, providing guidance to NRC Staff to disposition violations of emergency preparedness (EP) regulations during...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

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

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

Morgan Lewis - Up & Atom

NRC Issues Guidance to Research and Test Reactor Licensees on Relief from MC&A Requirements

The NRC issued a letter to the National Organization of Test, Research, and Training Reactors on April 30 regarding the NRC’s expedited review of requests for regulatory relief from certain material control and accounting...more

Morgan Lewis

NRC Announces Forthcoming Guidance, Exemptions from Emergency Preparedness Requirements

Morgan Lewis on

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 - Up & Atom

NRC Hosts Public Teleconference Meeting on Exemptions for Medical Licensees

The US Nuclear Regulatory Commission (NRC) Staff hosted a public meeting via teleconference on April 22 to discuss available regulatory relief pathways for medical licensees during the coronavirus (COVID-19) public health...more

Morgan Lewis - Up & Atom

NRC Staff Issues Guidance for Exercising Enforcement Discretion During COVID-19 Pandemic

The US Nuclear Regulatory Commission (NRC) Staff issued SECY-20-0034 on April 22, informing the NRC Commissioners of the Staff’s plan to exercise enforcement discretion for licensee noncompliance with regulatory requirements...more

Morgan Lewis - Health Law Scan

NRC Guidance Authorizes Granting of Exemption Requests to Medical Use Licensees in Response to COVID-19 Pandemic

The US Nuclear Regulatory Commission’s (NRC’s) Office of Nuclear Materials Safety and Safeguards (NMSS) issued an internal memorandum on April 10 to its regional directors describing a process that could be used to review...more

Morgan Lewis

NRC Issues Enforcement Guidance Memorandum on 10 CFR 73.56

Morgan Lewis on

The director of the Nuclear Regulatory Commission’s (NRC) Office of Enforcement (OE) issued Enforcement Guidance Memorandum (EGM) 2020-001, “Enforcement Discretion Not to Cite Certain Violations of 10 CFR 73.56 Requirements”...more

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