States, Advanced Reactor Developer Challenge NRC’s Authority to License Advanced Reactors
The outcome of a lawsuit filed at the end of 2024 challenging the U.S. Nuclear Regulatory Commission’s (“NRC’s or the Agency’s”) authority under a 1956 rule to license certain nuclear facilities could have important implications for advanced reactor licensing processes and the supply of electricity in the U.S. in the years ahead.
Congress Passes ADVANCE Act to Facilitate U.S. Development of Advanced Nuclear Reactors
On June 18, 2024, the U.S. Senate passed the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy (ADVANCE) Act to accelerate the deployment of nuclear energy capacity, including by accelerating the licensing and creating new incentives for advanced nuclear reactor technologies, among them small modular reactors. The Senate introduced the ADVANCE Act in March 2023, and the House of Representatives passed the Fire Grants and Safety Act, which contains the ADVANCE Act, on May 8, 2024. Now that both houses have passed the Act, it will go to President Joe Biden for signature. Full text of the ADVANCE Act as passed by the Senate can be found here on page 4.
White House Releases Plan to Advance Nuclear Reactor Technologies
On May 29, 2024, the Biden administration announced the creation of a Nuclear Power Project Management and Delivery working group (Working Group), which is intended to accelerate the deployment of cost-effective nuclear reactor technology. The Working Group will include members of the White House and the U.S. Department of Energy (DOE) as well as other stakeholders, including project developers, engineering, procurement, and construction firms, utilities, investors, labor organizations, academics, and nongovernmental organizations.
The Enforcement Angle: New Generation of Nuclear – Advanced Reactors
Join Sidley for the Environmental Law Institute’s People Places Planet Podcast series, “The Enforcement Angle.” Through this series, Sidley lawyers discuss state and federal enforcement of environmental laws and regulations with senior enforcement officials and thought leaders on environmental enforcement in the United States and globally. The featured guests offer their insights into the challenging environmental issues facing corporations today.
U.S. Nuclear Regulatory Commission Progresses Efforts to License Advanced Reactors
The U.S. Nuclear Regulatory Commission (NRC or Agency) continues to progress the Agency’s efforts to license commercial advanced reactors under two parallel paths. The Agency is reviewing applications for licensing of advanced reactors under the existing regulatory framework (10 CFR Part 50 and 10 CFR Part 52) while developing a “risk-informed” and “technology-inclusive” regulatory framework for advanced reactor technologies and designs — 10 CFR Part 53.
U.S. Nuclear Regulatory Commission Announces Review of Power Plant Design for Small Modular Reactors
The Biden administration has voiced strong support for commercial nuclear energy as an essential element of the President’s goal of achieving “clean” electricity by 2035 and net-zero emissions by 2050. Last week, the U.S. Nuclear Regulatory Commission (NRC or the Agency), announced a regulatory milestone that inches the advanced nuclear technology sector closer to commercialization of small modular reactor (SMR) technology.
Key Milestones for U.S. Nuclear Projects
This week saw two key milestones for nuclear power, signaling advancement in an industry viewed as critical to securing reliable and carbon-free baseload power for the future. On Monday, March 6, Georgia Power announced that the Vogtle Unit 3 pressurized water reactor achieved initial criticality, meaning nuclear fission was self-sustaining and able to generate the heat necessary to deliver electricity to the grid. The unit is slated to come online in the coming months and is approved to operate under a 40-year Nuclear Regulatory Commission Combined Operating License.