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Service: Energy Regulatory-NRC
March/April 2012 Article The Outlook for Nuclear Power Across the United States and Globally
Firm Authors: Tyson R. Smith
Non-Firm Authors: Tison Campbell
March 24, 2011 Briefing Nuclear Regulatory Commission Staff Use of Enforcement Concerning Decommissioning Funding Reports
Firm Authors: William A. Horin
The Nuclear Regulatory Commission Staff has twice this month issued final determinations regarding potential enforcement action related to compliance with the decommissioning financial assurance reporting requirements in 10 C.F.R. § 50.75(f)(1).
Summer 2010 Article A Dose of History: Nuclear Energy Cases That Shaped Environmental Law
Firm Authors: David A. Repka, Tyson R. Smith
Spring 2010 Article Proximity, Presumptions, and Public Participation: Reforming Standing at the Nuclear Regulatory Commission
Firm Authors: David A. Repka, Tyson R. Smith
March 2010 Article Safeguarding Nuclear Power from Intentional Aircraft Attacks
Firm Authors: David A. Repka, Tyson R. Smith
December 10, 2009 Briefing U.S. Nuclear Regulatory Commission Issues Four Confirmatory Orders Related to Fitness-for-Duty and Medical Issues
The U.S. Nuclear Regulatory Commission recently issued four confirmatory orders, two to Nuclear Fuel Services, Inc. and two to its primary physician for licensed activities/Medical Review Officer.
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.
August 2009 Article Nuclear Energy: 2009 Annual Report of the Public Utility, Communications and Transportation Section
Firm Authors: Tyson R. Smith
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.
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.”
February 2009 Article Shaken Not Stirred: ‘Pour Over’ Regulations Are Upside Down
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 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 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.”
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
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 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 18-20, 2007 Speech Update of Tax and Regulatory Considerations for Nuclear Decommissioning Trusts
Firm Authors: William A. Horin, 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 2007 Article NUREG-1307, Report on Waste Burial Charges
Firm Authors: William A. Horin, Tyson R. Smith
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?
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
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, 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.
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