Up & Atom

The Nuclear Regulatory Commission (NRC) wants your input on its advanced reactor rulemaking activities on a rolling basis, so it announced that it will periodically place “preliminary proposed rule language” on the federal rulemaking website under Docket ID NRC-2019-0062.

The Department of Labor’s (DOL’s) Administrative Review Board (ARB) recently announced it is updating its electronic filing system (EFS) at 8:30 am EST on December 7, 2020. Beginning December 7, all parties who wish to file electronically must use EFS to file documents electronically with the ARB. The current electronic filing system (EFSR) will shut down permanently at 5:00 PM EST on December 3, 2020. This means that parties will not be able to file documents electronically with the ARB after 5:00 pm EST on December 3 until 8:30 am EST on December 7.

Our colleagues in the employee benefits and executive compensation practice published a blog post to remind plan sponsors that delayed payments, plus interest, are due on or before January 1, 2021.

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 future requests for relief from regulatory requirements.

The Occupational Safety and Health Administration (OSHA) recently held a public stakeholder meeting to discuss its Whistleblower Protection Program and how it can improve its administration of the 20-plus whistleblower protection provisions it is responsible for enforcing, including Section 211 of the Energy Reorganization Act of 1974 (ERA).

The suspense is over. The US Department of Energy (DOE) announced yesterday that it had awarded $80 million each to TerraPower and X-energy under the Advanced Reactor Demonstration Program (ARDP) for them to build two advanced nuclear reactors that can be operational within seven years.

The commissioners of the Nuclear Regulatory Commission (NRC) approved almost all of the staff’s proposed approach for adding a new part to its regulations, 10 CFR Part 53, to govern licensing of advanced nuclear reactors.

Vermont Senators Patrick Leahy and Bernie Sanders along with Representative Peter Welch recently introduced the Nuclear Plant Decommissioning Act of 2020.

The NRC staff published Regulatory Issue Summary (RIS) 2020-02 on August 31 requesting potential advanced reactor applicants to provide information on their plans for engaging with the agency during fiscal years (FYs) 2023 through 2025. The NRC’s stated goal in the RIS is to “promote early communication between the NRC and potential applicants” that will assist the NRC in planning for “focus area reviews, acceptance reviews, licensing reviews, and inspection support” for new advanced reactors.

The Internal Revenue Service (IRS) and the US Department of the Treasury (Treasury) published a final rule in the September 4 Federal Register updating IRS regulations under Internal Revenue Code (Code) Section 468A. The final rule adopts most of the changes from the notice of proposed rulemaking (NOPR), which was released for comment in December 2016. That said, the IRS and Treasury made a few important changes to the final rule, as discussed below.