Up & Atom

KEY TRENDS IN LAW AND POLICY REGARDING
NUCLEAR ENERGY AND MATERIALS
The US Department of Energy’s National Nuclear Security Administration (NNSA) submitted its annual report on Transfers of Civil Nuclear Technology to Congress for fiscal year (FY) 2019. The report fulfills the agency’s obligation under Section 3136(e) of the National Defense Authorization Act for Fiscal Year 2016 to submit an annual report covering its review of applications to transfer US civil nuclear technology to foreign persons.
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).
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 Regulatory Framework for Advanced Reactors.” Congress required the rulemaking as part of the Nuclear Energy Innovation and Modernization Act (NEIMA), which became law earlier this year.
The US Nuclear Regulatory Commission (NRC) issued a letter on April 27 to the Nuclear Energy Institute and the National Organization of Test, Research, and Training Reactors, and others, clarifying and expanding the guidance on respiratory protection requirements that it previously provided to stakeholders during an April 15 teleconference.
The NRC issued temporary Staff guidance intended to help Staff review and process requests for regulatory relief from fuel facilities on April 21. Although intended for NRC Staff, the guidance provides insights into the process licensees should follow when submitting requests for relief and the information they should anticipate including.
A final rule issued by the US Department of Commerce’s Bureau of Industry and Security (BIS) on April 28 broadens license requirements in Part 744 of the Export Administration Regulations (EAR) to include military end users in China.
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 emergency (PHE).
The Nuclear Regulatory Commission (NRC) Staff hosted a public meeting via teleconference on April 23 to discuss available regulatory relief pathways for materials licensees subject to 10 CFR Parts 30 and 34 during the coronavirus (COVID-19) public health emergency (PHE).
In a recent LawFlash, our colleagues in the environmental practice discuss the recent Supreme Court ruling that the Clean Water Act (CWA) requires a permit when there is a direct discharge (or the functional equivalent of a direct discharge) from a point source into navigable waters.
The US Nuclear Regulatory Commission (NRC) has issued an order, with the four-member Commission acting in its appellate capacity, holding that power reactor licensees applying for Subsequent License Renewal (SLR), and the NRC Staff reviewing such applications, may rely on the environmental impact analyses and conclusions in the NRC’s Generic Environmental Impact Statement (GEIS) for License Renewal of Nuclear Plants.