Author Info for Morgan Lewis - Up & Atom

Jane Accomando

NRC More than Doubles Duration of Reactor Design Certifications

The US Nuclear Regulatory Commission (NRC) recently issued a direct final rule extending the duration of design certifications (DCs) for nuclear reactors from 15 to 40 years. The rule will automatically go into effect on… more

Energy Policy, Energy Sector, Filing Deadlines, Final Rules, Government Agencies

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Joseph Azeizat

NRC Finalizes FY 2025 Fee Rule with Significant Break for Advanced Reactor Applicants

The US Nuclear Regulatory Commission (NRC) recently issued a final rule amending the licensing, inspection, special project, and annual fees for applicants and licensees for FY 2025, aligning with fee-related provisions in both… more

Clean Energy, Energy Policy, Energy Projects, Fees, Final Rules

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Paul Bessette

DOE Issues Update to Consent-Based Site Process for Spent Nuclear Fuel

The US Department of Energy’s Office of Nuclear Energy recently issued an update to its “road map for implementing a consent-based siting process” to site one or more federal interim storage facilities for spent nuclear fuel… more

Department of Energy (DOE), Electricity, Energy Policy, Energy Sector, Energy Storage

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Lincoln Bisbee

OSHA to Investigate Whistleblower Complaints under Criminal Antitrust Anti-Retaliation Act and Anti-Money Laundering Act

The US Department of Labor (DOL) announced on February 19 that the Occupational Safety and Health Administration (OSHA) will begin investigating whistleblower complaints of retaliation under the Criminal Antitrust… more

AML/CFT, Anti-Monopoly, Anti-Retaliation Provisions, Antitrust Provisions, BSA/AML

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Scott Clausen

US Supreme Court: Deference Owed to Agency Decisions on the Scope of NEPA Reviews

The US Supreme Court continues to reshape administrative law. In its recent decision, Seven County Infrastructure Coalition v. Eagle County, Colorado, the Court unanimously (8-0) instructed federal courts to defer to… more

Chevron Deference, Energy Projects, Environmental Litigation, Government Agencies, Judicial Authority

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J. Clayton Everett, Jr.

OSHA to Investigate Whistleblower Complaints under Criminal Antitrust Anti-Retaliation Act and Anti-Money Laundering Act

The US Department of Labor (DOL) announced on February 19 that the Occupational Safety and Health Administration (OSHA) will begin investigating whistleblower complaints of retaliation under the Criminal Antitrust… more

AML/CFT, Anti-Monopoly, Anti-Retaliation Provisions, Antitrust Provisions, BSA/AML

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Brad Fagg

Federal Circuit Broadly Interprets Indemnity Provisions in the Price Anderson Act

A recent decision by the US Court of Appeals for the Federal Circuit reinstated claims seeking indemnification under the Price-Anderson Act. In reversing a decision by the US Court of Federal Claims, the Federal Circuit affirmed… more

Contract Disputes, Contract Terms, Department of Energy (DOE), Environmental Liability, Federal Contractors

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Lea Giotto

NRC More than Doubles Duration of Reactor Design Certifications

The US Nuclear Regulatory Commission (NRC) recently issued a direct final rule extending the duration of design certifications (DCs) for nuclear reactors from 15 to 40 years. The rule will automatically go into effect on… more

Energy Policy, Energy Sector, Filing Deadlines, Final Rules, Government Agencies

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Robert Goldfin

NRC Office of Investigations FY 2024 Annual Report Shows Whistleblower Allegations on the Rise

The NRC’s Office of Investigations (OI) recently published its Annual Report for Fiscal Year 2024, summarizing its activities from October 1, 2023 through September 30, 2024. According to the annual report, OI opened 82 new… more

Employment Discrimination, Energy Sector, Nuclear Power, Nuclear Regulatory Commission, Regulatory Requirements

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Ryan Lighty

NRC Withdraws Environmental Justice Policy Statement

The NRC recently withdrew its Policy Statement on the Treatment of Environmental Justice (EJ) Matters in NRC Regulatory and Licensing Actions (EJ Policy Statement). The NRC did so in response to Executive Order (EO) 14173,… more

Anti-Discrimination Policies, Biden Administration, Deregulation, Environmental Justice, Environmental Policies

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John Matthews

Update on Status of US-UK 123 Agreement Regarding Nuclear Trade

As we reported in 2019, the United Kingdom’s withdrawal from the European Union, which occurred on January 31, 2020, included the United Kingdom’s exit from the European Atomic Energy Community (Euratom). Exports of nuclear… more

Atomic Energy, Atomic Energy Act, Euratom Treaty, Nuclear Power, UK

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Timothy Matthews

NRC Finalizes FY 2025 Fee Rule with Significant Break for Advanced Reactor Applicants

The US Nuclear Regulatory Commission (NRC) recently issued a final rule amending the licensing, inspection, special project, and annual fees for applicants and licensees for FY 2025, aligning with fee-related provisions in both… more

Clean Energy, Energy Policy, Energy Projects, Fees, Final Rules

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Erin McClelland

Leadership at the NRC Hanson Dismissed Wright Nominated for Reappointment

The NRC is undergoing a period of transition, including the unexpected departure of Commissioner Christopher Hanson. Commissioner Christopher Hanson Dismissed On June 14, 2025, Commissioner Christopher Hanson was relieved of… more

Administrative Appointments, Constitutional Challenges, Executive Authority, Government Agencies, Judicial Authority

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John McGahren

EPA Reverses Course on Using Radioactive Byproduct in Road Construction

The US Environmental Protection Agency (EPA) reversed a Trump administration decision involving use of nuclear materials. On June 30, the EPA announced that it was “withdrawing, revoking and rescinding” its conditional approval… more

Clean Air Act, Construction Project, Environmental Policies, Environmental Protection Agency (EPA), Highways

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Patrick Pennella

US Congress Holds Hearing on Spent Nuclear Fuel Disposal

The House Subcommittee on Energy, Climate, and Grid Security held a hearing on April 10, 2024 to examine federal responsibility for the permanent disposal of spent nuclear fuel (SNF), along with opportunities for mitigating… more

Department of Energy (DOE), Nuclear Power, Nuclear Waste, Waste Management

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Thomas Poindexter

NRC Approves Staff Withdrawal of Recommendations on Reactor Oversight Program Improvements

The NRC’s Commissioners approved an NRC Staff request on August 5 to withdraw two SECY memoranda related to improvements of the effectiveness and efficiency of the Reactor Oversight Process (ROP). These SECY papers were… more

Electricity, Energy Sector, Nuclear Power, Nuclear Regulatory Commission, Power Plants

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Alex Polonsky

Licensing Microreactors: The Small Guy Might Be the Most Nimble

Surging demand for generative artificial intelligence and data centers, among other drivers, in recent years has led to a revived interest in nuclear energy. While large nuclear power plants provide about 20% of our country’s… more

Clean Energy, Department of Defense (DOD), Energy Policy, Energy Projects, National Security

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Arjun Prasad Ramadevanahalli

Leadership at the NRC Hanson Dismissed Wright Nominated for Reappointment

The NRC is undergoing a period of transition, including the unexpected departure of Commissioner Christopher Hanson. Commissioner Christopher Hanson Dismissed On June 14, 2025, Commissioner Christopher Hanson was relieved of… more

Administrative Appointments, Constitutional Challenges, Executive Authority, Government Agencies, Judicial Authority

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J. Daniel Skees

FERC/NERC Notice Gives Utilities Some Compliance Flexibility During COVID-19

FERC and NERC issued a joint notice on Wednesday providing compliance flexibility on certain key reliability standard requirements during the ongoing coronavirus (COVID-19) pandemic… more

Compliance, Coronavirus/COVID-19, FERC, NERC, Noncompliance

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Stephen Spina

FERC/NERC Notice Gives Utilities Some Compliance Flexibility During COVID-19

FERC and NERC issued a joint notice on Wednesday providing compliance flexibility on certain key reliability standard requirements during the ongoing coronavirus (COVID-19) pandemic… more

Compliance, Coronavirus/COVID-19, FERC, NERC, Noncompliance

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Carl Valenstein

Implications for US Nuclear – Recent CFIUS Proposed Changes to Mandatory Filings

The US Department of the Treasury’s Committee on Foreign Investment in the United States (CFIUS) published proposed rule changes on May 21 addressing when parties must notify the Committee of proposed transactions… more

CFIUS, Comment Period, Covered Transactions, Cross-Border Transactions, Foreign Investment

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Casey Weaver

DOE Pursues Comprehensive Update for Its Acquisition Regulations

The US Department of Energy (DOE) recently published a notice of proposed rulemaking (NOPR) and request for comments in the Federal Register proposing a comprehensive revision of the Department of Energy Acquisition Regulation… more

Department of Energy (DOE), Energy Sector, Federal Acquisition Regulations (FAR), Nuclear Power

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Morgan Lewis - Up & Atom

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