This month, the NRC published an early draft regulatory guide on the content of license applications for non-LWRs.  The document is designed to help license applicants apply the NRC’s movement towards a risk-informed/performance-based regulatory approach towards the drafting of an actual license application.

The document is in part the result of the Southern Company-led Licensing Modernization Project, which has resulted in the issuance of a number of informal reports discussing licensing reform for non-LWR reactors.  This draft regulatory guide is designed to more formally capture the results of those reports and follow-on discussions.   It addresses the designation of licensing basis events; safety classification and performance criteria for structures, systems, and components; and evaluation of defense in depth adequacy.  importantly, it largely adopts detailed draft industry guidance set forth in March of this year, although with certain clarifications.  One area of particular NRC focus concerns probabilistic risk analyses (“PRA”), where the agency appears to show a little hesitancy with the broad use of PRA proposed in the industry guidance.

The draft guidance is being issued to support future discussions, in particular an Advisory Committee on Reactor Safeguards meeting tentatively scheduled for October 30, 2018.  For more about the Licensing Modernization project, or recent NRC and industry guidance on contents for non-LWR license applications, please contact the authors.

The U.S. commercial nuclear energy industry helps our government meet several key national security objectives, but it faces severe challenges.  Hogan Lovells, in collaboration with the Center for Strategic and International Studies, has authored “Back from the Brink: A Threatened Nuclear Energy Industry Compromises National Security” to bring attention this issue and suggest a path forward.

Among other things, the paper evaluates the current state of the industry (including with a “forcefield analysis” out to 2050), explains why U.S. government action is critical at this moment, and proposes how we can move forward in a manner that best protects our country’s national security.  Key proposals set forth in the paper include:

1. Form a Nuclear Leadership Program as a central government resource to kick-start a new public-private partnership to grow the U.S. nuclear power industry. This new U.S. body should centralize the multitude of U.S. agencies that work with the nuclear industry. While working with private-sector support, the program should be U.S. government led.

2. Form a Nuclear Energy Advisory Council, generally composed of current and former business and engineering executives, and U.S. government leaders, to advise the president and National Security Council on the commercial nuclear industry, mirrored after the National Infrastructure Advisory Council (NIAC).

3. Use the Nuclear Leadership Program and the Nuclear Energy Advisory Council to Drive Forward Critical Domestic Nuclear Energy Industry Policy Changes: These include (i) supporting the completion of our present nuclear projects under construction, (ii) readying the next wave of U.S.-origin advanced reactors, and (iii) developing a “ready reserve” option for some U.S. stressed nuclear plants.

4. Use the Nuclear Leadership Program and the Nuclear Energy Advisory Council to Drive Forward Important International Nuclear Energy Industry Policy Changes: These include (i) creating a framework for a joint “USA, Inc.” public-private partnership for international new-build nuclear projects, and (ii) marketing the benefits of the U.S. regulatory framework and nonproliferation regime abroad.

5. Look at the Saudi Nuclear New-Build RFP as a Potential Turnaround Opportunity and Test Case. The U.S. industry has an opportunity to regain some of its lost ground with one of the biggest potential nuclear new-build opportunities in the world—a 16-reactor project currently contemplated in Saudi Arabia.

This paper was prepared by Michael Wallace, Amy, and Sachin, with valuable input from our Hogan Lovells colleague Steven Miller.  Mr. Wallace is a Senior Advisor at the Center for Strategic and International Studies.  He is also a member of the President’s National Infrastructure Advisory Council, and a Board Member of the Emirates Nuclear Energy Corporation’s Board of Directors.  Prior to this, Mr. Wallace was the former Chief Operating Officer of Constellation Energy and Chairman of Constellation Energy Nuclear Group.

If you have any questions about the paper, or about the national security implications of the commercial nuclear industry, please contact the blog authors.

On April 4, the U.S. Nuclear Regulatory Commission (NRC) issued Regulatory Guide 1.232, Guidance for Developing Principal Design Criteria for Non-Light Water Reactors.  The regulatory guide’s generic set of Advanced Reactor Design Criteria cover most non-light-water technologies. The guide also includes technology-specific criteria for sodium-cooled fast reactors and high temperature gas-cooled reactors.

The regulatory guide describes how the general design criteria (GDC) set forth in Part 50 of the NRC’s regulations may be adapted for non-light-water reactor (non-LWR) designs. The guidance may be used by non-LWR reactor applicants to develop principal design criteria for any non-LWR designs, as required under the NRC nuclear power plant regulations. Notably, the guide can be used by advanced reactor designers to align their concepts with relevant NRC regulations for nuclear power plants, and will assist the NRC staff when reviewing future license applications.

We had previously written about the draft regulatory guide published by the NRC last year here.  As we noted then, this is an important document that deserves close attention by the advanced reactor community.  It provides one of the first detailed insights into how the NRC views advanced reactors, how far it is willing to step away from the GDC framework, and what it finds of importance from a safety perspective for advanced reactors.

For questions on the guidance, please contact one of the authors.

On February 9, 2017, Amy Roma, a partner in the firm’s nuclear practice, delivered a keynote address at the 13th annual Platts Nuclear Energy Conference, in Washington, D.C.

Her address highlighted a number of promising developments for the nuclear industry, from the debut of state incentive programs that reward nuclear energy for its zero-emissions attributes, to the growth of the advanced reactor community.  Not only have we seen advancements in the United States regarding government support and licensing of advanced reactors, but as identified in her comments, five advanced reactor designs have been submitted to the Canadian nuclear regulator for initial design approval.  Her address also discussed updates regarding spent fuel storage and took notice of international growth in the nuclear industry.

We want to share her remarks with you, click here to download. If there any questions as to her address or its contents, do not hesitate to contact the authors.