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Articles by Ryan Lighty
NRC Introduces Major Overhaul of Mandatory Hearings for Reactor Licensing | JD Supra
Continuing its deregulatory sprint under Executive Order (EO) 14300, the NRC recently issued a Policy Statement revising the mandatory hearing process for reactor licensing, emphasizing early public participation and streamlined procedures. The policy follows a companion , effective May 15, 2026, in which the NRC rescinded regulations calling for specific environmental findings in light of the agency's determination that mandatory hearings do not call for specific detailed findings.
NRC Introduces Major Overhaul of Mandatory Hearings for Reactor Licensing
Continuing its deregulatory sprint under Executive Order (EO) 14300, the NRC recently issued a Policy Statement revising the mandatory hearing process for reactor licensing, emphasizing early public participation and streamlined procedures. The policy follows a companion final rule, effective May 15, 2026, in which the NRC rescinded regulations calling for specific environmental findings in light of the agency’s determination that mandatory hearings do not call for specific detailed findings.
Federal Energy Priorities Reset the Rules for US Permitting
Energy policy in the United States is undergoing a significant shift, with direct implications for how energy infrastructure is permitted, financed, and built. These federal policy changes are redefining which projects move forward and how quickly they can do so. At the same time, surging electricity demand driven by data centers, electrification, and industrial growth is placing unprecedented pressure on existing infrastructure and regulatory processes.
NRC Launches Fresh Licensing Framework for New Reactors
The Nuclear Regulatory Commission (NRC) has published its long-awaited final rule codifying the new 10 CFR Part 53, Risk-Informed, Technology-Inclusive Regulatory Framework for Commercial Nuclear Plants (Part 53). The rule establishes a new optional pathway for the licensing of new—and existing—reactor technologies. It is lauded as “risk-informed,” “performance-based,” and “technology-inclusive.” In other words, it is less prescriptive than the existing licensing frameworks in Parts 50 and 52.
NRC Moves to (Again) Sunset Aircraft Impact Assessment Rule
The NRC recently reissued a final rule to insert a conditional sunset date into the aircraft impact assessment (AIA) requirements of 10 CFR § 50.150 in response to Executive Order 14270, Zero-Based Regulatory Budgeting to Unleash American Energy. The NRC took this action after withdrawing the AIA portion of its earlier direct final sunsetting rule in response to significant public input (on which we previously wrote).
NRC Proposes Regulatory Framework for Fusion | JD Supra
The NRC (or the Commission) issued a proposed rule on February 26, 2026 to regulate commercial fusion under its byproduct material framework rather than as a traditional nuclear power reactor. These regulations aim to provide regulatory certainty at a pivotal commercialization phase for fusion, reducing ambiguity and regulatory burdens for capital providers and developers.
NRC Proposes Regulatory Framework for Fusion
The NRC (or the Commission) issued a proposed rule on February 26, 2026 to regulate commercial fusion under its byproduct material framework rather than as a traditional nuclear power reactor. These regulations aim to provide regulatory certainty at a pivotal commercialization phase for fusion, reducing ambiguity and regulatory burdens for capital providers and developers.
The Nuclear Industry at a Turning Point: Policy Reform, Market Expansion, and Risk Considerations for 2026
Report The nuclear energy industry entered 2025 at a pivotal moment as rising electricity demand from AI, data centers, and electrification collided with decarbonization, energy security, and industrial policy priorities. Against this backdrop, federal policymakers advanced regulatory reforms, leadership changes reshaped agency direction, and market participants reassessed deployment pathways for both existing and advanced nuclear technologies.
NRC Confirms Effective Date of Direct Final Rule Adding Conditional Sunset Dates to Certain Regulations | JD Supra
The NRC has issued a Federal Register notice confirming the January 8, 2026 effective date of its direct final rule implementing the requirements of Executive Order 14270, Zero-Based Regulatory Budgeting to Unleash American Energy. The direct final rule sets conditional sunset dates for several identified NRC regulations, meaning those rules will automatically expire one year after the rule’s effective date (i.e., January 8, 2027).
NRC Confirms Effective Date of Direct Final Rule Adding Conditional Sunset Dates to Certain Regulations
The NRC has issued a Federal Register notice confirming the January 8, 2026 effective date of its direct final rule implementing the requirements of Executive Order 14270, Zero-Based Regulatory Budgeting to Unleash American Energy. The direct final rule sets conditional sunset dates for several identified NRC regulations, meaning those rules will automatically expire one year after the rule’s effective date (i.e., January 8, 2027).
US Agencies Expand Cooperation to Accelerate Advanced Nuclear Development | JD Supra
As part of the response to four executive orders focused on expanding and accelerating the development and use of nuclear energy, the US Department of Energy and US Nuclear Regulatory Commission have signed Addendum 9 to their 2019 Memorandum of Understanding on Nuclear Energy Innovation.
US Agencies Expand Cooperation to Accelerate Advanced Nuclear Development
As part of the response to four executive orders focused on expanding and accelerating the development and use of nuclear energy, the US Department of Energy and US Nuclear Regulatory Commission have signed Addendum 9 to their 2019 Memorandum of Understanding on Nuclear Energy Innovation.
NRC NEPA Overhaul: Agency Plans to Amend Regulations in 10 CFR Part 51 | JD Supra
The Commission recently issued a Staff Requirements Memorandum (SRM) directing NRC Staff to revise the NRC’s National Environmental Policy Act of 1969 (NEPA) regulations at 10 CFR Part 51 and update related NRC guidance and policies. The NRC’s efforts are intended to streamline its NEPA process, consistent with broader federal agency trends, and implement efficiencies mandated by the Fiscal Responsibility Act of 2023 (FRA).
NRC NEPA Overhaul: Agency Plans to Amend Regulations in 10 CFR Part 51
The Commission recently issued a Staff Requirements Memorandum (SRM) directing NRC Staff to revise the NRC’s National Environmental Policy Act of 1969 (NEPA) regulations at 10 CFR Part 51 and update related NRC guidance and policies. The NRC’s efforts are intended to streamline its NEPA process, consistent with broader federal agency trends, and implement efficiencies mandated by the Fiscal Responsibility Act of 2023 (FRA).
Powering Data Centers: President Issues Four Executive Orders to Expand and Accelerate the Development of US Nuclear Energy | JD Supra
As we have previously written, the rise in data center development has significantly increased predicted electricity demand. As a reliable, carbon-free source of base load power with an average capacity factor of 93% in the United States, nuclear energy is well-suited for powering data centers. On May 23, 2025, President Donald Trump signed four executive orders intended to accelerate the development of US nuclear energy, in part to provide reliable power for data centers.
New Executive Orders Aim to Accelerate and Expand Development of US Nuclear Energy | JD Supra
The US president on May 23, 2025 signed four executive orders focused on promoting economic and national security by expanding and accelerating the development and use of nuclear energy in the United States to address rising electric demand from data centers, manufacturing, and other critical industries.
Powering Data Centers: President Issues Four Executive Orders to Expand and Accelerate the Development of US Nuclear Energy
As we have previously written, the rise in data center development has significantly increased predicted electricity demand. As a reliable, carbon-free source of base load power with an average capacity factor of 93% in the United States, nuclear energy is well-suited for powering data centers. On May 23, 2025, President Donald Trump signed four executive orders intended to accelerate the development of US nuclear energy, in part to provide reliable power for data centers.
New Executive Orders Aim to Accelerate and Expand Development of US Nuclear Energy
The US president on May 23, 2025 signed four executive orders focused on promoting economic and national security by expanding and accelerating the development and use of nuclear energy in the United States to address rising electric demand from data centers, manufacturing, and other critical industries.
NRC Withdraws Environmental Justice Policy Statement | JD Supra
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, signed by President Donald Trump on January 21, 2025, which aims to eliminate considerations of race, ethnicity, and diversity from federal government operations. EO 14173 formally withdrew several previous EOs that addressed EJ issues over the past three decades.
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, signed by President Donald Trump on January 21, 2025, which aims to eliminate considerations of race, ethnicity, and diversity from federal government operations. EO 14173 formally withdrew several previous EOs that addressed EJ issues over the past three decades.
Licensing Microreactors The Small Guy Might Be the Most Nimble | JD Supra
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 electricity, progress is being made by the federal government and the private sector to bring small nuclear reactors, namely microreactors, to market. What Are Microreactors? Microreactors are a subset of nuclear reactors distinguished by their size.
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 electricity, progress is being made by the federal government and the private sector to bring small nuclear reactors, namely microreactors, to market. What Are Microreactors? Microreactors are a subset of nuclear reactors distinguished by their size.
The State of Nuclear 2025: New Leadership, New Challenges, New Opportunities | JD Supra
2024 was marked by significant developments in the nuclear energy sector, shaped by evolving regulatory frameworks, legislative action, and growing global interest in nuclear power. In the United States the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy Act (ADVANCE Act) was a major milestone, created to streamline regulatory processes and accelerate the deployment of advanced nuclear technologies.
Planning a Reactor Power Uprate? Time to Get in Line at the NRC
The NRC recently issued Regulatory Issue Summary (RIS) 2025-02, which asks reactor licensees to voluntarily provide information about their plans for power-uprate licensing submittals. The NRC will use this information to set future budgets and project resource needs to review these anticipated applications. The anticipated spate of power uprates stems primarily from significant increases in power demand projections propelled by data centers, electrification, and other economic drivers.
DC Circuit Upends CEQ Authority But Will the Decision Impact NRC Actions | JD Supra
The National Environmental Policy Act of 1969 (NEPA) requires federal agencies, including the Nuclear Regulatory Commission (NRC), to evaluate the potential environmental impacts of their proposed actions. That statute also established the White House Council on Environmental Quality (CEQ), which was tasked with issuing NEPA implementation guidelines. Pursuant to a 1977 executive order, CEQ promulgated implementing regulations that executive branch agencies have followed for many decades.
Nuclear Energy Mid-Year Report: Navigating the Changing Nuclear Landscape in 2024 | JD Supra
August 22, 2024 Jane Accomando, Ryan Lighty, Alex Polonsky Morgan Lewis + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: The first half of 2024 has been a dynamic period for the nuclear energy industry, marked by significant legislative and regulatory developments, evolving enforcement trends, and a continued focus on innovation and public safety.
Nuclear Energy Mid-Year Report: Navigating the Changing Nuclear Landscape in 2024
NUCLEAR ENERGY MID-YEAR REPORT NAVIGATING THE CHANGING NUCLEAR LANDSCAPE IN 2024 REPORT NUCLEAR ENERGY MID-YEAR REPORT: NAVIGATING THE CHANGING NUCLEAR LANDSCAPE IN 2024 The first half of 2024 has been a dynamic period for the nuclear energy industry, marked by significant legislative and regulatory developments, evolving enforcement trends, and a continued focus on innovation and public safety.
Nuclear Energy Mid-Year Report: Navigating the Changing Nuclear Landscape in 2024
The first half of 2024 has been a dynamic period for the nuclear energy industry, marked by significant legislative and regulatory developments, evolving enforcement trends, and a continued focus on innovation and public safety. As the nuclear industry confronts a complex landscape and heightened public interest, it remains essential for stakeholders to stay up to date on the changes and trends that could impact power plant operations, compliance, and strategy.
Nuclear Power Can Help Industrial Plants Get To Net-Zero
By Alex Polonsky, Ryan Lighty and Michael Müller (August 13, 2024, 4:44 PM EDT) -- In the race to mitigate climate change and achieve net-zero emissions, the industrial sector currently faces immense challenges. One promising solution is the integration of nuclear energy into industrial operations.... Law360 is on it, so you are, too. A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence.
Nuclear Power Can Help Industrial Plants Get To Net-Zero
ADVERTISEMENT Don't want ads? Subscribe or login now. By Alex Polonsky, Ryan Lighty and Michael Müller (August 13, 2024, 4:44 PM EDT) -- In the race to mitigate climate change and achieve net-zero emissions, the industrial sector currently faces immense challenges. One promising solution is the integration of nuclear energy into industrial operations.... A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence.
Nuclear Power Can Help Industrial Plants Get to Net-Zero, Law360
Partners Alex Polonsky, Ryan Lighty, and Michael Müller co-authored a Law360 Expert Analysis discussing the potential of nuclear energy to help the industrial sector achieve net-zero emissions. The article examines the financial and regulatory considerations for industrial plants, the opportunities for novel offtake agreements, and current risk-mitigating factors. Read the full Law360 article >>
After Chevron: NRC Is Shielded From Loper Bright's Effects
By Ryan Lighty and Scott Clausen (August 5, 2024, 3:53 PM EDT) -- On June 28, the U.S. Supreme Court overturned a decades-old precedent, known as Chevron deference, that favored federal agencies' rulemaking interpretations. In this Expert Analysis series, attorneys discuss the decision's likely impact on rulemaking and litigation across practice areas.... Law360 is on it, so you are, too.
After Chevron: NRC Is Shielded From Loper Bright’s Effects, Law360
Partner Ryan Lighty and associate Scott Clausen co-authored a Law360 Expert Analysis article for the publication’s “After Chevron” series looking at the impact on the Nuclear Regulatory Commission (NRC) of the US Supreme Court’s decision to overturn the Chevron doctrine.
Chevron Overturned: Ruling May Impact Challenges to NRC Actions to a Lesser Extent Than Other Agencies | JD Supra
The US Supreme Court’s recent Loper Brightdecision overturned its 1984 Chevron decision, which, over the last 40 years, had become a fundamental doctrine in administrative law. That doctrine, known as the “Chevron deference,” instructed reviewing courts to defer to agency interpretations of ambiguous statutory provisions if a permissible construction of the statute.
Chevron Overturned: Ruling May Impact Challenges to NRC Actions to a Lesser Extent Than Other Agencies
The US Supreme Court’s recent Loper Brightdecision overturned its 1984 Chevron decision, which, over the last 40 years, had become a fundamental doctrine in administrative law. That doctrine, known as the “Chevron deference,” instructed reviewing courts to defer to agency interpretations of ambiguous statutory provisions if a permissible construction of the statute.
Reaching Net Zero: The Role of Nuclear Energy in Industrial Operations | JD Supra
In the race to mitigate climate change and achieve net-zero emissions, the industrial sector currently faces immense challenges. One promising solution is the integration of nuclear energy into industrial operations. Here, we explore the potential of nuclear energy to revolutionize industrial practices, focusing on the financial and regulatory considerations, opportunities, and risk mitigants. Nuclear energy offers a reliable, low-carbon alternative to fossil fuels.
Reaching Net Zero: The Role of Nuclear Energy in Industrial Operations
In the race to mitigate climate change and achieve net-zero emissions, the industrial sector currently faces immense challenges. One promising solution is the integration of nuclear energy into industrial operations. Here, we explore the potential of nuclear energy to revolutionize industrial practices, focusing on the financial and regulatory considerations, opportunities, and risk mitigants. Nuclear energy offers a reliable, low-carbon alternative to fossil fuels.
A New Nuclear Age: How 2023 Developments will Impact the Industry in 2024
REPORT A NEW NUCLEAR AGE HOW 2023 DEVELOPMENTS WILL IMPACT THE INDUSTRY IN 2024 www.morganlewis.com 2024 Morgan Lewis | Morgan, Lewis & Bockius LLP, a Pennsylvania limited liability partnership 1 A NEW NUCLEAR AGE: HOW 2023 DEVELOPMENTS WILL IMPACT THE INDUSTRY IN 2024 Morgan Lewis's energy lawyers regularly track developments impacting the nuclear industry on the firm's Up & Atom blog.
NRC Updates Guidance on Power Reactor Decommissioning Costs | JD Supra
The US Nuclear Regulatory Commission (NRC) requires nuclear power reactor licensees to maintain decommissioning cost estimates and to adjust those estimates periodically to account for inflation and other matters, pursuant to Title 10 of the Code of Federal Regulations (10 CFR) 50.75, “Reporting and Recordkeeping for Decommissioning Planning.” These periodic updates must consider various factors, including: (1) increased labor costs; (2) increased energy costs; and (3) increased waste burial...
NRC Updates Guidance on Power Reactor Decommissioning Costs
The US Nuclear Regulatory Commission (NRC) requires nuclear power reactor licensees to maintain decommissioning cost estimates and to adjust those estimates periodically to account for inflation and other matters, pursuant to Title 10 of the Code of Federal Regulations (10 CFR) 50.75, “Reporting and Recordkeeping for Decommissioning Planning.” These periodic updates must consider various factors, including: (1) increased labor costs; (2) increased energy costs; and (3) increased waste burial...
Commission Approves Draft Rule to Update Environmental Regulations and GEIS for Subsequent License Renewal | JD Supra
The NRC commissioners unanimously approved on January 23, 2023 the publication of a proposed rule to update the NRC’s environmental regulations in Part 51 and issue a draft update to the NRC’s Generic Environmental Impact Statement for License Renewal of Nuclear Plants (the GEIS) to encompass both initial and subsequent license renewal (SLR).
NRC Provides Details on ‘Information-Sharing Agreements’ for CUI | JD Supra
On December 8, the NRC issued Regulatory Issue Summary (RIS) 2022-03 detailing its plans regarding the use of “Information-Sharing Agreements” to share controlled unclassified information (CUI) with non-executive branch entities. The NRC is targeting the summer of 2023 to begin establishing formal agreements with NRC licensees, applicants, certificate of compliance (CoC) holders, agreement state radiation control program directors, state liaison officers, and tribes.
Nuclear: An Investible ESG Asset | JD Supra
As the world responds to rapid changes across economic, social, environmental, geopolitical, and COVID-19 landscapes, many investors and companies are increasingly incorporating ESG—environmental, social, and governance—considerations into their business and investment decisions.
Recent Report Highlights Nuclear as ESG Powerhouse | JD Supra
Over the last few years, investors and financial markets have become more focused on environmental, social, and governance (ESG) considerations in making investment decisions. ESG considers how investments impact the environment, social factors, and governance issues. Investors are increasingly applying these nonfinancial factors in making investment decisions.
Recent Report Highlights Nuclear as ESG Powerhouse
Over the last few years, investors and financial markets have become more focused on environmental, social, and governance (ESG) considerations in making investment decisions. ESG considers how investments impact the environment, social factors, and governance issues. Investors are increasingly applying these nonfinancial factors in making investment decisions.
Inflation Reduction Act of 2022 Boosts Nuclear Power with Tax Credits and Funding
The Inflation Reduction Act of 2022 reflects a significant step toward meeting the United States’ greenhouse gas emission reduction targets from the Paris Convention and recognizes the indispensable role that nuclear power must play to achieve that commitment. The act contains several key provisions that bolster a broad spectrum of new and existing activities in the nuclear industry.
Energy Transitions: Re-Powering Retired Coal Sites with Carbon-Free Nuclear Generation | JD Supra
Now, more than ever, energy industry participants are seeking creative pathways to minimize the cost and schedule for deployments of carbon-free electric generation facilities. Enter the latest trend: coal-to-nuclear transitions. ELECTRICITY SUPPLY AND DEMAND: CARBON MATTERS If you follow the energy industry, you probably know that nearly 1,000 coal plants have been retired over the last two decades—a trend that is expected to continue in the foreseeable future.
NRC Staff Releases Environmental Justice Recommendations: There's Room for Improvement | JD Supra
The NRC staff recently released its long-awaited policy paper on Environmental Justice (EJ) reform at the agency (SECY-22-0025, “Systematic Review of How Agency Programs, Policies, and Activities Address Environmental Justice”). The staff’s retrospective review found that current NRC EJ efforts are fully consistent with applicable law. Nevertheless, they provided a series of recommendations and commitments for Commission consideration.
NRC Selects Aggressive Schedule to Confirm GEIS Applicability to Subsequent License Renewal | JD Supra
The Commission recently approved the NRC Staff’s recommendation to pursue a 24-month schedule for updating the agency’s Generic Environmental Impact Statement for License Renewal of Nuclear Plants (LR GEIS). The Commission’s decision signifies an ambitious push forward to make the LR GEIS applicable to subsequent license renewal (SLR) applications.
NRC Announces Presiding Officer Framework For New Reactor Construction Permit ‘Mandatory' Hearings
United States: NRC Announces Presiding Officer Framework For New Reactor Construction Permit ‘Mandatory' Hearings 31 March 2022 by Ryan K.
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