Up & Atom

The US Nuclear Regulatory Commission (NRC) requires nuclear power reactor licensees to maintain decommissioning cost estimates and to adjust those estimates periodically to account for inflation and other matters, pursuant to Title 10 of the Code of Federal Regulations (10 CFR) 50.75, “Reporting and Recordkeeping for Decommissioning Planning.” These periodic updates must consider various factors, including: (1) increased labor costs; (2) increased energy costs; and (3) increased waste burial costs.

After 13 years, the Nuclear Regulatory Commission has issued revised guidance for cybersecurity programs for nuclear power reactors. All nuclear power reactor owners must review the NRC’s latest guidance and confirm their cybersecurity programs are in compliance.

The US Department of Energy (DOE) published on January 31 two secretarial determinations in the Federal Register that change the countries that are eligible for general authorizations under 10 CFR Part 810 (Part 810). The first secretarial determination changed the status of Mexico to a fully generally authorized destination, while the second removed Colombia and Egypt from the list of countries eligible for a general authorization.

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 Statement for License Renewal of Nuclear Plants (the GEIS) to encompass both initial and subsequent license renewal (SLR). This rulemaking, when complete, will resolve the dispute about whether 10 CFR 51.53(c)(3) and the GEIS apply to SLR, and will allow the environmental review of pending SLR applications that rely on the GEIS to resume. The proposed rule will soon be published in the Federal Register to allow for public comments on the proposed rule and draft GEIS.

The NRC recently issued a final rule in the Federal Register, along with a corresponding update to its Enforcement Policy, that updated the maximum amounts of civil monetary penalties it can impose for violations. Because these amounts are adjusted annually for inflation, the maximum civil penalties jumped for the second year in a row, reflecting the continued inflationary environment in the broader economy.

In a recent LawFlash, lawyers Alex Polonsky and Grant Eskelsen discuss the US Department of Energy’s (DOE) final rule imposing financial penalties for unintentional violations of 10 CFR Part 810. The rule represents a major change in how the DOE encourages and enforces compliance with Part 810.

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.

On December 8, the NRC issued Regulatory Issue Summary (RIS) 2022-03 detailing its plans regarding the use of “Information-Sharing Agreements” to share controlled unclassified information (CUI) with non-executive branch entities. The NRC is targeting the summer of 2023 to begin establishing formal agreements with NRC licensees, applicants, certificate of compliance (CoC) holders, agreement state radiation control program directors, state liaison officers, and tribes.

Good news for Mexico—and a potential farewell to Egypt and South Africa: It’s time to look out for the Department of Energy National Nuclear Security Administration’s (NNSA) changes to the list of generally authorized countries that appear in Appendix A to 10 CFR Part 810 (Appendix A).

Over the last few years, investors and financial markets have become more focused on environmental, social, and governance (ESG) considerations in making investment decisions. ESG considers how investments impact the environment, social factors, and governance issues. Investors are increasingly applying these nonfinancial factors in making investment decisions.