The Nuclear Regulatory Commission (NRC) recently issued a final rule, effective April 29, 2026, amending its regulations governing categorical exclusions for certain actions. As defined by the National Environmental Policy Act (NEPA), a categorical exclusion is a category of actions
Up & Atom
Up & Atom, published by Morgan Lewis, focuses on legal and regulatory developments in the nuclear energy sector. The blog covers topics such as Nuclear Regulatory Commission (NRC) policies, enforcement frameworks, and rulemaking processes. It also addresses government initiatives related to nuclear innovation, advanced reactor technologies, and the intersection of nuclear energy with emerging scientific fields like artificial intelligence. The blog highlights interagency cooperation and executive actions aimed at accelerating nuclear energy development and regulatory reform.
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NRC Proposes Regulatory Framework for Fusion
By Morgan Lewis
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…
NRC Investigations Are on the Rise
By Morgan Lewis
The NRC’s Office of Investigations recently published its Annual Report for Fiscal Year (FY) 2025, summarizing its activities from October 1, 2024 through September 30, 2025. In FY 2025, OI opened 90 cases, a 9% increase from FY 2024. But…
NRC Confirms Effective Date of Direct Final Rule Adding Conditional Sunset Dates to Certain Regulations
By Morgan Lewis
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…
With a New Chair and Full Commission, NRC Enters 2026 Poised for Action
By Morgan Lewis
The NRC saw major staffing transitions in 2025, including an unprecedented number of vacancies at the senior staff level. As 2026 kicks off, the Commission has returned to a full slate of five, and the agency has filled significant senior…
High Standards: Marijuana Reclassification and NRC Fitness-for-Duty Requirements
By Morgan Lewis
President Donald Trump recently signed an executive order directing the reclassification of marijuana under the Controlled Substances Act (CSA). This reclassification, along with the growing number of states that allow medical and recreational marijuana use, further complicates the legal landscape…
National Defense Authorization Act for FY 2026 Creates Holistic Strategy to Support US Nuclear Industry Leadership
By Morgan Lewis
The National Defense Authorization Act for Fiscal Year 2026 (the NDAA) was signed into law by US President Donald Trump on December 18, 2025. Through the NDAA, the US Congress sets the year’s policy direction for the US Armed Forces.…
Proposed Guidance for Evaluating LOCAs Encourages Early Adopters of New Approaches
By Morgan Lewis
The US Nuclear Regulatory Commission recently released Draft Interim Staff Guidance (ISG) DSS-ISG-2025-XX, Treatment of Certain Loss-of-Coolant Accident Locations as Beyond-Design-Basis Accidents. The draft guidance, if adopted, would allow the NRC staff to determine that certain break locations that would…
SECY-24-0009 Explained: NRC Begins Reshaping Enforcement Framework in Line with Parallel Regulatory Review
By Morgan Lewis
On November 18, 2025, the US Nuclear Regulatory Commission issued its Staff Requirements Memorandum for SECY-24-0009, which proposed changes to the NRC Enforcement Policy governing regulated materials and civil penalties. The proposed changes reflect the NRC Office of Enforcement’s periodic…
Genesis Mission: White House Aims to Accelerate AI-Driven Scientific Discovery, Including Energy & Nuclear Research
By Morgan Lewis
The White House recently issued an executive order establishing the “Genesis Mission,” a US Department of Energy (DOE)-led initiative aimed at accelerating scientific discovery using advanced AI. Nuclear energy was specifically highlighted as one of the key scientific areas for…