 |
| November 11, 2009 |
 |
 |
 |
Briefing |
 |
 |
 |
DOE Issues Loan Guarantee Program for Commercial Technology Renewable Energy Generation Projects
Nearly eight months after passage of the American Recovery and Reinvestment Act of 2009 and its promulgation of Section 1705 of Title XVII of the Energy Policy Act of 2005 authorizing Department of Energy loan guarantees for commercial technology renewable energy generation projects, on October 7, 2009 the DOE issued
its solicitation for applications for these loan guarantees.
|
 |
 |
 |
|
 |
| November 6, 2009 |
 |
 |
 |
Briefing |
 |
 |
 |
Geisen Appeal Goes to the Commission
On September 21, 2009, the Nuclear Regulatory Commission Staff filed a petition seeking Commission review of the Atomic Safety and Licensing Board decision setting aside an Enforcement Order against David Geisen.
|
 |
 |
 |
|
 |
| October 19, 2009 |
 |
 |
 |
Briefing |
 |
 |
 |
U.S. Nuclear Regulatory Commission Issues Final Rule Imposing
Criminal Penalties for Unauthorized Introduction of Weapons in Certain Licensed Facilities
On October 14, 2009, the U.S. Nuclear Regulatory Commission published in the Federal Register a final rule which would authorize the imposition of federal criminal penalties for the introduction, without authorization, of weapons or explosives into certain facilities
and installations regulated by the NRC.
|
 |
 |
 |
|
 |
| October 5, 2009 |
 |
 |
 |
Briefing |
 |
 |
 |
A Different Era: An Update on New Nuclear Adjudications
The first applications for licenses to construct and operate new power reactors were filed in 2007. At the time, the applications were the first in nearly 25 years — but they were not the last.
|
 |
 |
 |
|
 |
| September 30, 2009 |
 |
 |
 |
Briefing |
 |
 |
 |
NRC Issues Guidelines on Use of Firearms by Security Personnel
at Licensed Facilities
Some four years after the passage of the Energy Policy Act of 2005, the U.S. Nuclear Regulatory Commission has issued, with the approval of the United States Attorney General, guidelines on the use of firearms by security personnel whose duties
include the protection of NRC-regulated facilities.
|
 |
 |
 |
|
 |
| September 9, 2009 |
 |
 |
 |
Briefing |
 |
 |
 |
Geisen Sanctions Set Aside
On August 28, 2009, a three-member panel of the Atomic Safety and Licensing Board set aside, in a 2-1 decision, an Enforcement Order against David Geisen, a former employee of the Davis-Besse
Nuclear Power Station owned and operated by First Energy Nuclear Operating Company.
|
 |
 |
 |
|
 |
| September 2009 |
 |
 |
 |
Article |
 |
 |
 |
Hot Topics in Environmental Disclosure: Climate Risk Disclosure Obligations and Developments
Firm Authors: Mary E. Wall
|
 |
 |
 |
|
 |
| August 2009 |
 |
 |
 |
Article |
 |
 |
 |
Nuclear Energy: 2009 Annual Report of the Public Utility, Communications and Transportation Section
Firm Authors: Emily J. Duncan, Rachel Miras-Wilson, Tyson R. Smith
|
 |
 |
 |
|
 |
| August 2009 |
 |
 |
 |
Article |
 |
 |
 |
Transmission Providers Face Intermittency
Firm Authors: Jerry R. Bloom, Thomas W. Solomon
|
 |
 |
 |
|
 |
| August 5, 2009 |
 |
 |
 |
Briefing |
 |
 |
 |
Inspections of Medical Licensees Demonstrate Non-Compliance
with NRC Regulations
Recent events have demonstrated a frequent disconnect between Nuclear Regulatory Commission regulations and hospital practice in the execution of medical procedures utilizing radiological materials.
|
 |
 |
 |
|
 |
| July 28, 2009 |
 |
 |
 |
Briefing |
 |
 |
 |
The American Recovery And Reinvestment Act Of 2009: Payments For Specified Energy Property In Lieu Of Tax Credits For Renewable And Alternative Projects
The newly enacted American Recovery and Reinvestment Act of 2009 represented a transformative shift in Congress’ policy for encouraging the development and operation of renewable and alternative energy projects in the United States.
|
 |
 |
 |
|
 |
| June 9, 2009 |
 |
 |
 |
Briefing |
 |
 |
 |
Proposed Changes to Nuclear Regulatory Commission Emergency Preparedness Regulations
On May 18, 2009, the U.S. Nuclear Regulatory Commission published a proposed rule in the Federal Register to amend certain emergency preparedness requirements applicable to commercial power reactors and other utilization facilities.
|
 |
 |
 |
|
 |
| May 7, 2009 |
 |
 |
 |
Briefing |
 |
 |
 |
Energy Users Should Take Cost-Effective Action Now to Manage Energy Costs and Anticipate Climate Change Legislation
Congressional and regulatory initiatives to significantly reduce greenhouse gas emissions and lessen dependence on fossil fuels and foreign oil have taken center stage in the United States.
|
 |
 |
 |
|
 |
| April 2009 |
 |
 |
 |
Article |
 |
 |
 |
Nuclear Power Projects - New Risks Require New Approaches
Firm Authors: Peter M. D'Ambrosio
Non-Firm Authors: Kevin O’Brien
|
 |
 |
 |
|
 |
| April 2009 |
 |
 |
 |
Article |
 |
 |
 |
Making Room For Renewable Energy In California
Firm Authors: Takako Morita, Dirk R. Mueller
|
 |
 |
 |
|
 |
| April 2009 |
 |
 |
 |
Article |
 |
 |
 |
President Obama’s Energy Agenda
Firm Authors: Lawrence I. Kiern
|
 |
 |
 |
|
 |
| April 2009 |
 |
 |
 |
Article |
 |
 |
 |
Stimulus Act Expands Renewable And Alternative Energy Tax Incentives
Firm Authors: Maher H. Haddad, John C. Lorentzen, Andrew W. Ratts
|
 |
 |
 |
|
 |
| 2009 |
 |
 |
 |
Year in Preview |
 |
 |
 |
2009 Year in Preview: Energy and Environment “Companies will see energy and climate change legislation that has a lot of both carrots and sticks.”
|
 |
 |
 |
|
 |
| 2009 |
 |
 |
 |
Year in Preview |
 |
 |
 |
2009 Year in Preview: Supreme Court There are no headline-grabbing business cases before the Supreme Court, but several will have an impact.
|
 |
 |
 |
|
 |
| March 2, 2009 |
 |
 |
 |
Briefing |
 |
 |
 |
The American Recovery and Reinvestment Act of 2009: Methods of Receiving Value for New and Extended Renewable and Alternative Energy Tax Incentives
The newly-enacted American Recovery and Reinvestment Act of 2009 (the Stimulus Act) represents a transformative shift in Congress’ policy for encouraging the development and operation of renewable and alternative energy projects in the United States.
|
 |
 |
 |
|
 |
| March 2, 2009 |
 |
 |
 |
Briefing |
 |
 |
 |
Aircraft Impacts for New Nuclear Power Reactors: Final Rule
On February 17, 2009, the Nuclear Regulatory Commission approved a final rule amending certain requirements in 10 C.F.R. Parts 50 and 52 for consideration of aircraft impacts for new nuclear
power reactors.
|
 |
 |
 |
|
 |
| February 2009 |
 |
 |
 |
Article |
 |
 |
 |
Shaken Not Stirred: ‘Pour Over’ Regulations Are Upside Down
Firm Authors: Gregory G. Pavin
Non-Firm Authors: Gerald P. Towne
|
 |
 |
 |
|
 |
| January 23, 2009 |
 |
 |
 |
Briefing |
 |
 |
 |
Nuclear Regulatory Commission Identifies Fitness-for-Duty Violations Involving Completeness and Accuracy of Information and Deliberate Misconduct
This briefing addresses the U.S. Nuclear Regulatory Commission’s identification of apparent fitness-for-duty violations involving completeness and accuracy of information and deliberate misconduct.
|
 |
 |
 |
|
 |
| January 13, 2009 |
 |
 |
 |
Briefing |
 |
 |
 |
NRC Issues Revision to RIS 2001-07, Reporting and Recordkeeping for Decommissioning Planning
This briefing addresses the NRC’s issuance of Revised RIS 2001-07, Reporting and Recordkeeping for Decommissioning Planning.
|
 |
 |
 |
|
 |
| December 2008 |
 |
 |
 |
Article |
 |
 |
 |
Renewable Energy Development and the Obama Energy Plan, Challenges Ahead
Firm Authors: Jerry R. Bloom, Seth F. Richardson
|
 |
 |
 |
|
 |
| December 23, 2008 |
 |
 |
 |
Briefing |
 |
 |
 |
NRC Releases Updated NUREG-1307, Report on Waste Burial Charges
This briefing addresses the NRC’s release of updated NUREG-1307, Report on Waste Burial Charges: Changes in Decommissioning Waste Disposal Costs at Low-LevelWaste Burial Facilities.
|
 |
 |
 |
|
 |
| December 19, 2008 |
 |
 |
 |
Briefing |
 |
 |
 |
U.S. Nuclear Regulatory Commission Issues a Comprehensive Revision of Security Plan Requirements for Nuclear Power Plants
This briefing addresses the U.S. Nuclear Regulatory Commission’s Final Rule amending security and access authorization requirements for nuclear power plants.
|
 |
 |
 |
|
 |
| November 25, 2008 |
 |
 |
 |
Briefing |
 |
 |
 |
FERC Clarifies its Jurisdiction Under Section 203(a)(2) of the Federal Power Act
On November 20, 2008, the Federal Energy Regulatory Commission issued an order clarifying its jurisdiction under Section 203(a)(2) of the Federal Power Act. The order provides that investment advisers that "purchase, acquire, or take” securities of a "public utility" or "public utility holding company" with the right to vote such securities on behalf of their clients are themselves "holding companies" that require prior FERC approval for any additional acquisitions of 10 percent or more of the voting securities of public utilities or public utility holding companies.
|
 |
 |
 |
|
 |
| November 19, 2008 |
 |
 |
 |
Briefing |
 |
 |
 |
The Energy Improvement and Extension Act of 2008: Methods of Receiving Value for New and Extended Renewable and Alternative Energy Tax Incentives
In the recently enacted Energy Improvement and Extension Act of 2008, Congress continued its policy of encouraging the development and operation of renewable and alternative energy projects in the United States through the renewal, extension, and addition of production tax credits, investment tax credits, and accelerated tax depreciation under the Internal Revenue Code of 1986.
|
 |
 |
 |
|
 |
| November 7, 2008 |
 |
 |
 |
Briefing |
 |
 |
 |
U.S. Nuclear Regulatory Commission Newly Promulgated Final Rule Relating to Protection of Safeguards Information
The briefing addresses the U.S. Nuclear Regulatory Commission’s Final Rule amending requirements for protection of Safeguards Information for nuclear power plants and certain materials licensees.
|
 |
 |
 |
|
 |
| October 24, 2008 |
 |
 |
 |
Briefing |
 |
 |
 |
Proposed Final Rule: Consideration of Aircraft Impacts for New Nuclear Power Reactors
On Oct. 15, 2008, NRC staff sent a draft of final rule, SECY-08-0152, “Consideration of Aircraft Impacts for New Nuclear Power Reactors,” to the Commission for approval. The rule would amend 10 C.F.R. Parts 50 and 52 to require nuclear power plant designers to evaluate design features and functional capabilities that could avoid or mitigate, to the extent practical and with reduced reliance on operator actions, the effects of a commercial aircraft impact.
|
 |
 |
 |
|
 |
| October 24, 2008 |
 |
 |
 |
Briefing |
 |
 |
 |
Denial of Petition for Rulemaking—Use of Decommissioning Trust Funds for Disposal of Major Radioactive Components During Operations
On May 29, 2007, EnergySolutions, LLC filed a petition for rulemaking requesting that the Nuclear Regulatory Commission amend its regulations to allow funds from licensees’ decommissioning trust funds to be used for the cost of disposal of major radioactive components that have been removed from reactors before the permanent cessation of operations.
|
 |
 |
 |
|
 |
| October 16, 2008 |
 |
 |
 |
Briefing |
 |
 |
 |
Waste Confidence and Spent Fuel Storage Developments
On October 9, 2008, the NRC published in the Federal Register a proposed rulemaking to revise its generic determination on the environmental impacts of spent fuel storage in conjunction with an update to its Waste Confidence Decision. Comments are due on December 8.
|
 |
 |
 |
|
 |
| August 4, 2008 |
 |
 |
 |
Briefing |
 |
 |
 |
New Reactor Developments: Aircraft Hazards
This briefing addresses the status of several initiatives related to aircraft impacts hazards for new nuclear plants. It also provide an update of a pending challenge to the NRC’s Design Basis Threat rule.
|
 |
 |
 |
|
 |
| July 23, 2008 |
 |
 |
 |
Briefing |
 |
 |
 |
NRC Rulemaking Imposing Criminal Penalties on the Unauthorized Introduction of Weapons Into Nuclear Facilities
The Nuclear Regulatory Commission is considering a new rule which would establish criminal penalties for the unauthorized introduction of weapons into a number of types of nuclear facilities. In SECY 08-0083 dated June 17, 2008, the NRC staff proposes to implement Section 654 of the Energy Policy Act of 2005 (EPA of 2005) (119 Stat. 812), “Unauthorized Introduction of Dangerous Weapons.”
|
 |
 |
 |
|
 |
| May 2008 |
 |
 |
 |
Article |
 |
 |
 |
2007 Media Highlights
|
 |
 |
 |
|
 |
| April 29, 2008 |
 |
 |
 |
Briefing |
 |
 |
 |
NRC’s Newly Promulgated Final Rule Relating to Fitness for Duty (10 C.F.R. Part 26)
This briefing addresses the NRC's revised fitness-for-duty rule covering existing and new nuclear power plants.
|
 |
 |
 |
|
 |
| April 2008 |
 |
 |
 |
Article |
 |
 |
 |
Licensing the Rebirth of Nuclear Power: A Primer
Firm Authors: Tyson R. Smith
|
 |
 |
 |
|
 |
| February 2008 |
 |
 |
 |
Article |
 |
 |
 |
Nuclear Regulatory Fundamentals: A Winston & Strawn Publication
|
 |
 |
 |
|
 |
| January 15, 2008 |
 |
 |
 |
Briefing |
 |
 |
 |
Decommissioning Tax Developments: Regulations Issued Implementing Tax Law Changes Enacted as Part of Energy Policy Act of 2005
This briefing addresses recently issued tax regulations governing qualified nuclear decommissioning trust funds. The recently issued regulations implement changes enacted by the Energy Policy Act of 2005.
|
 |
 |
 |
|
 |
| December 20, 2007 |
 |
 |
 |
Briefing |
 |
 |
 |
Decommissioning Developments: Proposed Rule Would Alter Decommissioning Obligations
On December 10, 2007, the Commission approved publication of a proposed rulemaking to amend its decommissioning requirements. The proposed rule, if finalized, could impose additional obligations on licensees to address subsurface contamination during operations and would alter the requirements for decommissioning funding plans.
|
 |
 |
 |
|
 |
| November 27, 2007 |
 |
 |
 |
Article |
 |
 |
 |
Washington Should Allow Responsible Development
Firm Authors: Lawrence I. Kiern
|
 |
 |
 |
|
 |
| November 5, 2007 |
 |
 |
 |
Briefing |
 |
 |
 |
Strategic Keys to Licensing Uranium Recovery Facilities
Though the Nuclear Regulatory Commission may strive for a stable and predictable regulatory environment, in practice, applicants must consistently and effectively manage the NRC’s licensing process in order to acheive their commercial objectives.
|
 |
 |
 |
|
 |
| October 9, 2007 |
 |
 |
 |
Briefing |
 |
 |
 |
Developments in New Reactor Financing and Construction
This briefing addresses the final rule for DOE’s Loan Guarantee Program as well as the NRC’s final Limited Work Authorization rule.
|
 |
 |
 |
|
 |
| October 5, 2007 |
 |
 |
 |
Briefing |
 |
 |
 |
New Reactor Acceptance Reviews and Aircraft Crash Assessments
There have been two significant developments with respect to the NRC’s review of new reactor applications under 10 C.F.R. Part 52 in the last week. First, the NRC’s Office of New Reactors made available an office instruction detailing how it intends to conduct the initial acceptance review for combined license and design certification applications.
|
 |
 |
 |
|
 |
| October 3, 2007 |
 |
 |
 |
Briefing |
 |
 |
 |
Reporting Obligations Under Revised Part 52
The NRC recently completed a major effort to update and revise the rules applicable to various new reactor processes, including combined licenses, early site permits, and design certifications.
|
 |
 |
 |
|
 |
| August 31, 2007 |
 |
 |
 |
Briefing |
 |
 |
 |
Commission Publishes Revised Part 52 and Other Recent Developments
On August 27, 2007, the Nuclear Regulatory Commission published the final rulemaking for 10 C.F.R. Part 52, ending a nearly two-year effort to revise the agency's regulatory framework in anticipation of the numerous combined license applications expected to be filed starting this fall.
|
 |
 |
 |
|
 |
| June 28, 2007 |
 |
 |
 |
Briefing |
 |
 |
 |
Combined License Review Task Force
The Commission has approved in part and disapproved in part the recommendations of the Combined License Review Task Force. The Task Force, which was led by Commissioner Merrifield, began in November 2006 with the stated goal of exploring further efficiencies in the NRC’s review of new reactor applications and the Licensing Board’s conduct of adjudicatory review.
|
 |
 |
 |
|
 |
| June 27, 2007 |
 |
 |
 |
Briefing |
 |
 |
 |
New Plant Construction Inspection and Assessment Programs
On June 21, 2007, the NRC staff and industry representatives held a meeting to discuss how NRC assessment and enforcement programs will be implemented during new reactor construction activities. The meeting offered an opportunity for the NRC and industry to reach an understanding on the basic objectives of the Construction Inspection Program and associated assessment and enforcement processes.
|
 |
 |
 |
|
 |
| June 26, 2007 |
 |
 |
 |
Briefing |
 |
 |
 |
FERC Codifies Rules for Market-Based Power Sales
FERC just issued Order 697, which for the first time codifies the terms and conditions under which it will permit public utilities to make wholesale power sales in interstate commerce at negotiated rates.
|
 |
 |
 |
|
 |
| June 18-20, 2007 |
 |
 |
 |
Speech |
 |
 |
 |
Update of Tax and Regulatory Considerations for Nuclear Decommissioning Trusts
Firm Authors: William A. Horin, Gregory G. Pavin, David A. Repka
|
 |
 |
 |
|
 |
| June 8, 2007 |
 |
 |
 |
Briefing |
 |
 |
 |
Draft of Policy Statement on the Conduct of New Reactor Licensing Proceedings
On Monday, June 11, 2007, the Nuclear Regulatory Commission will publish a draft of a supplement to the Commission’s Policy Statement on the Conduct of Adjudications in the Federal Register.
|
 |
 |
 |
|
 |
| May 15, 2007 |
 |
 |
 |
Briefing |
 |
 |
 |
Decommissioning Development — First-of-A-Kind Approval
On April 24, 2007, the Nuclear Regulatory Commission approved Exelon's use of a site-specific decommissioning cost estimate for SAFSTOR at the Byron, Braidwood, and LaSalle stations.
|
 |
 |
 |
|
 |
| April 27, 2007 |
 |
 |
 |
Briefing |
 |
 |
 |
Commission Proposes Assessing Aircraft Crash Resistance for New Reactor Designs
The NRC decided to develop a proposed rule that would require applicants for new design approvals to assess how the reactor design can avoid or mitigate the effects of a large commercial aircraft impact. In an April 24, 2007, Staff Requirements Memorandum, the Commission (in a 4-1 vote, with Commissioner Jaczko dissenting) disapproved SECY-06-0204, “Proposed Rulemaking — Security Assessment Requirements for New Nuclear Power Reactor Designs.”
|
 |
 |
 |
|
 |
| April 18, 2007 |
 |
 |
 |
Briefing |
 |
 |
 |
Recent Nuclear Regulatory Commission Activity
In an April 17, 2007 affirmation session, the Commission voted on three separate issues that may have a significant impact of new reactor construction. First, the Commission approved SECY-07-0030, “Final Rulemaking on Limited Work Authorizations,” which addresses a rule change to amend the agency’s regulations with respect to certain pre-construction activities at the site of a proposed power reactor.
|
 |
 |
 |
|
 |
| April 11, 2007 |
 |
 |
 |
Briefing |
 |
 |
 |
Nuclear Regulatory Commission Affirms Part 52 Rulemaking
Today, by unanimous vote, the Commission approved a final rule amendment 10 C.F.R. Part 52, which addresses early site permits (ESPs), design certification rulemakings (DCRs) and combined operating licenses (COLs), subject to certain changes.
|
 |
 |
 |
|
 |
| March 16, 2007 |
 |
 |
 |
Briefing |
 |
 |
 |
Supplemental Briefing: 2007 Nuclear Regulation Committee Decommissioning Funding
On March 2, 2007, we provided information to support NRC licensees in updating the NRC minimum decommissioning funding level (or "certification amount") for their 2007 Status Reports.
|
 |
 |
 |
|
 |
| March 8, 2007 |
 |
 |
 |
Briefing |
 |
 |
 |
Nuclear Industry Achieves Major New Plant Construction Objective
In a major victory for industry efforts to streamline the construction process for new reactors, the NRC has approved SECY-07-0030, “Final Rulemaking on Limited Work Authorizations,” for publication in the Federal Register
|
 |
 |
 |
|
 |
| March 2, 2007 |
 |
 |
 |
Briefing |
 |
 |
 |
2007 NRC Decommissioning Funding Status Reports — Minimum Certification Amount Escalation
The NRC requires every power reactor licensee to submit, at least on a biennial basis, a report of the status of decommissioning funding for each licensed power reactor owned in whole or in part by the licensee. Status Reports for 2007 are to be submitted by March 31, 2007.
|
 |
 |
 |
|
 |
| February 27, 2007 |
 |
 |
 |
Briefing |
 |
 |
 |
Nuclear Regulatory Commission Takes a Stand on Terrorism
Yesterday, the NRC issued its first decisions on treatment of the terrorism issue under the National Environmental Policy Act since the Supreme Court declined to review a Ninth Circuit Court of Appeals decision in San Luis Obispo Mothers for Peace v. NRC.
|
 |
 |
 |
|
 |
| February 21, 2007 |
 |
 |
 |
Briefing |
 |
 |
 |
Commission Rejects Proposal to Require Independent Assessments of Reactor Oversight Process
In an October 11, 2006, memorandum to NRC Executive Director of Operations, Luis Reyes, Chairman Dale Klein directed staff to prepare a charter to conduct an “independent assessment of the implementation of the NRC’s reactor oversight process at the Indian Point facility and facilities in other Regions to the extent that [the EDO] believe[s] appropriate.”
|
 |
 |
 |
|
 |
| February 2007 |
 |
 |
 |
Article |
 |
 |
 |
NUREG-1307, Report on Waste Burial Charges
Firm Authors: William A. Horin, Tyson R. Smith
|
 |
 |
 |
|
 |
| January 31, 2007 |
 |
 |
 |
Briefing |
 |
 |
 |
Influenza Pandemic Update: Licensing Plan NEI White Paper Sent to NRC for Review
Last August we distributed a client briefing on the Nuclear Regulatory Commission’s and nuclear industry’s efforts to address the potential impacts of a influenza pandemic on the nation’s energy supply.
|
 |
 |
 |
|
 |
| January 31, 2007 |
 |
 |
 |
Briefing |
 |
 |
 |
Nuclear Regulatory Commission Affirms Design Basis Threat Rule
On January 29, 2007, the Nuclear Regulatory Commission approved a final rule that enhances security regulations, including a revised “design basis threat”. The revised DBT rule, which will be codified at 10 C.F.R. § 73.1, provides a general description of adversaries who might attempt radiological sabotage against which licensee’s physical protection systems must be able to defend.
|
 |
 |
 |
|
 |
| December 18, 2006 |
 |
 |
 |
Briefing |
 |
 |
 |
Responses to PG&E Petition for Supreme Court Review
On December 15, 2006, San Luis Obispo Mothers for Peace, the U.S. Government, and two amici curiae filed separate responses to the Petition for a Writ of Certiorari filed by Pacific Gas & Electric Company on September 29, 2006.
|
 |
 |
 |
|
 |
| November 20, 2006 |
 |
 |
 |
Briefing |
 |
 |
 |
Prioritization of COL Licensing Reviews
The number of expected COL applications has increased to 20 and several of those applications will be for dual units. Given that many of these applications will be submitted to the NRC in approximately the same time frame and that there may be insufficient resources to review all these COL applications simultaneously, an approach to prioritization may be necessary.
|
 |
 |
 |
|
 |
| October 23, 2006 |
 |
 |
 |
Briefing |
 |
 |
 |
Preliminary Draft of Policy Statement on the Conduct of New Reactor Licensing Proceedings
On October 20th, the Nuclear Regulatory Commission made available a preliminary draft of a supplement to the Commission’s Policy Statement on the Conduct of Adjudications, focusing primarily on new reactor licensing reviews. The measures suggested by the Commission in the policy statement can be accomplished within the framework of the Commission’s existing Rules of Practice at 10 C.F.R. Part 2.
|
 |
 |
 |
|
 |
| October 13, 2006 |
 |
 |
 |
Briefing |
 |
 |
 |
Early Site Permit Lessons-Learned: The ACRS Perspective
The Chairman of the Advisory Committee on Reactor Safeguards recently sent a letter to the Executive Director of Operations at the Nuclear Regulatory Commission regarding lessons-learned from the first Early Site Permit applications.
|
 |
 |
 |
|
 |
| October 9, 2006 |
 |
 |
 |
Briefing |
 |
 |
 |
NRC Rulemaking Initiatives: Final Part 52 and Proposed Limited Work Authorization Rules
On September 29, 2006, the Nuclear Regulatory Commission Staff made its draft final Part 52 rule language available on the NRC website at the same time as it sent the language to the Commission for approval.
|
 |
 |
 |
|
 |
| October 2, 2006 |
 |
 |
 |
Briefing |
 |
 |
 |
PG&E Seeks Supreme Court Reversal of the Ninth Circuit's Ruling on Consideration of Terrorism Risks in Environmental Reviews Under NEPA
On September 29, 2006, Pacific Gas and Electric Company filed a Petition for Writ of Certiorari in the U.S. Supreme Court. The petition seeks Court review and reversal of the recent decision of the Ninth Circuit Court of Appeals on the issue of consideration of terrorism risks in environmental reviews under the National Environmental Policy Act.
|
 |
 |
 |
|
 |
| September 15, 2006 |
 |
 |
 |
Briefing |
 |
 |
 |
Winston Attorneys Lead Effort to Eliminate Hearings on Uncontested Issues
The nuclear industry and the NRC Staff have been working to resolve many of the technical and policy hurdles associated with the anticipated submission of combined operating license and early site permit applications. Nonetheless, we believe that the NRC hearing process still creates some uncertainty with respect to the agency's ability to complete the review of a COL or ESP application in a timely and efficient manner.
|
 |
 |
 |
|
 |
| September 8, 2006 |
 |
 |
 |
Briefing |
 |
 |
 |
Recent Commission Orders Indicate that NRC Sees No Need to Take Immediate Action in Response to Ninth Circuit’s NEPA-Terrorism Decision
This is a follow-up to our July 12, 2006 briefing, in which we discussed the regulatory implications of the Ninth Circuit’s June 2, 2006, decision in San Luis Obispo Mothers for Peace et al. v. NRC, 449 F.3d 1016 (9th Cir. 2006). As discussed previously, the case arose from the Nuclear Regulatory Commission’s decision to issue a license, under 10 C.F.R. Part 72, to Pacific Gas and Electric Company, authorizing the company to place spent fuel from the Diablo Canyon Power Plant into dry storage in an independent spent fuel storage installation co-located at the plant.
|
 |
 |
 |
|
 |
| August 25, 2006 |
 |
 |
 |
Briefing |
 |
 |
 |
Government and Industry Work Together to Develop Emergency Response in the Event of Flu Pandemic
A topic of growing national importance, and with implications for the nuclear power industry, concerns the potential impacts on the nation’s infrastructure posed by an influenza pandemic. Federal government projections suggest that in the event of a pandemic, such as might be associated with the avian flu, local absenteeism of up to 40 percent for a period of weeks, and over a period of 12 to 18 months nationally, could occur.
|
 |
 |
 |
|
 |
| August 9, 2006 |
 |
 |
 |
Speech |
 |
 |
 |
Does Anyone Really Know What a Rule Is?
Firm Authors: William A. Horin
|
 |
 |
 |
|
 |
| August 8, 2006 |
 |
 |
 |
Briefing |
 |
 |
 |
Final Standby Support Regulations
As expected, the Department of Energy is issuing its final regulations on Standby Support, the $2 billion federal risk insurance program for new reactor construction. The final regulations largely adopt the regulations in the interim final rule, which was published on May 15, 2006, but do contain some slight modifications that bring clarity to previously ambiguous provisions.
|
 |
 |
 |
|
 |
| August 2, 2006 |
 |
 |
 |
Briefing |
 |
 |
 |
NRC Office of the Inspector General Closes Recommendations on Decommissioning Funding Program
This is a follow-up to our May 2006 briefing, in which we discussed the Nuclear Regulatory Commission staff’s issuance of a revision to its internal instructions for evaluating licensees’ decommissioning funding.
|
 |
 |
 |
|
 |
| July 25, 2006 |
 |
 |
 |
Briefing |
 |
 |
 |
House Holds Hearing on Revised Schedule for Yucca Mountain
On July 19, 2006, the Subcommittee on Energy and Air Quality of the House Committee on Energy and Commerce held a hearing on DOE’s revised schedule for Yucca Mountain. Edward Sproat, Director of the Office of Civilian Radioactive Waste Management, appeared as the witness. He presented the revised schedule for Yucca Mountain, which calls for a license application to be submitted on June 30, 2008, and for Yucca Mountain to begin receiving waste on March 31, 2017.
|
 |
 |
 |
|
 |
| July 12, 2006 |
 |
 |
 |
Briefing |
 |
 |
 |
Impact of Recent Ninth Circuit Decision
A recent decision by the Court of Appeals for the Ninth Circuit in San Luis Obispo Mothers for Peace, et al. v. Nuclear Regulatory Commission, No. 03-74628 (9th Cir. 2006) addressed a question regarding the environmental review of the Pacific Gas and Electric Company Diablo Canyon PowerPlant site-specific Independent Spent Fuel Storage Installation license.
|
 |
 |
 |
|
 |
| June 22, 2006 |
 |
 |
 |
Briefing |
 |
 |
 |
Recent New Plant Oversight Committee Meeting
On June 20, 2006, the Nuclear Regulatory Commission held a public meeting with the New Plant Oversight Committee to discuss strategies for new reactor applications and the NRC review, including issues related to scheduling and limited work authorizations.
|
 |
 |
 |
|
 |
| May 31, 2006 |
 |
 |
 |
Briefing |
 |
 |
 |
Senate Energy and Natural Resources Committee Holds Hearing on EPAct 2005
On May 22, 2006, the Senate Energy and Natural Resources Committee held a hearing to receive testimony regarding the nuclear power provisions contained in the Energy Policy Act of 2005 (EPAct 2005). The witnesses were Dennis Spurgeon, assistant secretary fornuclear energy, Department of Energy; Nils Diaz, chairman, Nuclear Regulatory Commission; and James Asselstine, managing director, Lehman Brothers, Inc.
|
 |
 |
 |
|
 |
| May 21-24, 2006 |
 |
 |
 |
Speech |
 |
 |
 |
What Is NRC Decommissioning Funding Assurance Anyway?
Firm Authors: William A. Horin
|
 |
 |
 |
|
 |
| May 12, 2006 |
 |
 |
 |
Briefing |
 |
 |
 |
Decommissioning Funding: Revised NRC Internal Guidance on Staff Review of Biennial Decommissioning Funding Reports and Staff Treatment of OIG Recommendations
The Nuclear Regulatory Commission has issued Revision 1 of NRR Office Instruction LIC-205, “Procedures for NRC’s Independent Analysis of Decommissioning Funding Assurance for Operating Nuclear Power Reactors.”Revision 1 became effective on April 24, 2006, and supercedes the original June 29, 2005, version of the office instruction.
|
 |
 |
 |
|
 |
| May 12, 2006 |
 |
 |
 |
Briefing |
 |
 |
 |
New Reactor Licensing: Another Incentive Takes Shape
On May 8, 2006, the Department of Energy published its interim final regulations that implement section 638 of the Energy Policy Act of 2005. Following a 30-day periodfor submitting comments, the Final Rule on Standby Support is scheduled to be issued by August 8, 2006.
|
 |
 |
 |
|
 |
| May 2006 |
 |
 |
 |
Article |
 |
 |
 |
Anyone Thought Nuclear Lately?
Firm Authors: Gerald P. Farano, Gregory G. Pavin
|
 |
 |
 |
|
 |
| April 28, 2006 |
 |
 |
 |
Briefing |
 |
 |
 |
Recent Developments in New Reactor Licensing
This briefing covers two topics related to the incentives for new nuclear power contained in the Energy Policy Act of 2005. The first part discusses recent IRS guidance on production tax credits while the second part provides some highlights of recent NRC-industry interactions on potential enhancements to the NRC’s process for limited work authorizations (LWAs).
|
 |
 |
 |
|
 |
| April 2006 |
 |
 |
 |
Article |
 |
 |
 |
Merger Mania? The U.S. Energy Market
Firm Authors: Gerald P. Farano, Gregory G. Pavin
|
 |
 |
 |
|
 |
| April 25, 2006 |
 |
 |
 |
Briefing |
 |
 |
 |
FERC Regulation of Transactions After the Energy Policy Act of 2005 (Update)
On April 24, 2006, the Federal Energy Regulatory Commission issued its order on rehearing of its new rules implementing the Public Utility Holding Company Act of 2005 and amendments to Section 203 of the Federal Power Act, which became effective on February 8, 2006.
|
 |
 |
 |
|
 |
| March 22, 2006 |
 |
 |
 |
Briefing |
 |
 |
 |
Recent Developments in New Nuclear Facility Licensing
On March 13, proposed changes to Part 52 were published in the Federal Register. On March 14, the NRC Staff held a workshop at NRC headquarters to discuss the proposed rulemaking. At the workshop, the Staff presented the proposed changes section-by-section and took questions from the attendees.
|
 |
 |
 |
|
 |
| February 28, 2006 |
 |
 |
 |
Briefing |
 |
 |
 |
Insights from February 21, 2006 NRC Meeting with the New Plant Oversight Committee
On February 21, 2006, representatives of the U.S. Nuclear Regulatory Commission met with a group under the auspices of the Nuclear Energy Institute to discuss a design-centered review approach for combined license applications.
|
 |
 |
 |
|
 |
| February 24, 2006 |
 |
 |
 |
Speech |
 |
 |
 |
NRC Compliance Filings for NDTs
Firm Authors: William A. Horin, Gregory G. Pavin, David A. Repka
|
 |
 |
 |
|
 |
| February 13, 2006 |
 |
 |
 |
Briefing |
 |
 |
 |
Fiscal Year 2007 Budget Request: Good News for Nukes?
The President unveiled his fiscal year 2007 Budget Proposal on Monday, February 6, 2006. This briefing highlights some of the more important components of the proposed 2007 budget for the Departmentof Energy and the Nuclear Regulatory Commission.
|
 |
 |
 |
|
 |
| February 8, 2006 |
 |
 |
 |
Briefing |
 |
 |
 |
FERC Regulation of Transactions After the Energy Policy Act of 2005
The Energy Policy Act of 2005, which takes effect on February 8, 2006, makes several significant changes to Federal energy laws that will affect regulated utilities, securities underwriters, lenders, lessors in certain lease financings and various types of investors in the energy sector.
|
 |
 |
 |
|
 |
| Winter 2006 |
 |
 |
 |
Article |
 |
 |
 |
Lower Taxes for U.S. Production Including Generation of Electricity
Firm Authors: Alexander Zakupowsky Jr.
|
 |
 |
 |
|
 |
| December 23, 2005 |
 |
 |
 |
Briefing |
 |
 |
 |
Insights Gained from NRC Meeting with the NEI New Plant Oversight Committee
On December 13, 2005, senior members of the NRC Staff having responsibility for new plant licensing held a public meeting at NEI’s offices in Washington D.C. with members of a newly-created industry New Plant Oversight Committee responsible for strategic planning for new reactor applications and their review.
|
 |
 |
 |
|
 |
| December 23, 2005 |
 |
 |
 |
Briefing |
 |
 |
 |
New Reactor Licensing: DOE Standby Support Program
Section 638 of the recently passed Energy Policy Act of 2005 is designed to reduce uncertainty in the licensing of the next generation of advanced nuclear facilities primarily by providing risk insurance for such projects. The Act requires that the Department of Energy publish an interim final rule regarding Section 638 by May 8, 2006 and a final rule by August 8, the one-year anniversary of the Act.
|
 |
 |
 |
|
 |
| December 23, 2005 |
 |
 |
 |
Briefing |
 |
 |
 |
New Reactor Licensing: Proposed Part 52 Rulemaking
On November 3, 2005, the Nuclear Regulatory Commission Staff requested approval from the Commission to publish in the Federal Register proposed revisions to the requirements in 10 C.F.R. Part 52, “Early Site Permits, Standard Design Certifications, and Combined Licenses for Nuclear Power Plants.” The proposal would supercede the earlier proposed rule on Part 52 from July 3, 2003 (68 Fed. Reg. 40026).
|
 |
 |
 |
|
 |
| October 13, 2005 |
 |
 |
 |
Briefing |
 |
 |
 |
The Energy Policy Act of 2005
In the Energy Policy Act of 2005, Congress again chose to encourage renewable energy development in the United States through an array of tax incentives rather than direct grants or subsidies.
|
 |
 |
 |
|
 |
| May 15-18, 2005 |
 |
 |
 |
Speech |
 |
 |
 |
Recent NRC Decommissioning Funding Developments
Firm Authors: William A. Horin
|
 |
 |
 |
|
 |
| May 2004 |
 |
 |
 |
Article |
 |
 |
 |
Recent Topics Concerning Application of NRC Decommissioning Funding Rules
Firm Authors: William A. Horin
|
 |
 |
 |
|
 |
| October 2003 |
 |
 |
 |
Article |
 |
 |
 |
NRC Licensing Hearings: Uncertainty and Reform
Firm Authors: David A. Repka
|
 |
 |
 |
|
 |
| June 2001 |
 |
 |
 |
Article |
 |
 |
 |
Energized Insurance
Firm Authors: Scott P. DeVries
Non-Firm Authors: Alison Hightower
|
 |
 |
 |
|
 |
| April 2001 |
 |
 |
 |
Article |
 |
 |
 |
Power Woes, Insureds May Recovers When California's Energy Crisis and Rolling Blackouts Cause Business Losses
Firm Authors: Scott P. DeVries
Non-Firm Authors: Alison Hightower
|
 |
 |
 |
|
 |