Join us in Washington, D.C., as acknowledged experts in nuclear regulation, Morgan Lewis partners Alex Polonsky, Thomas Poindexter, and Stephen Burdick, and Westinghouse in-house nuclear regulatory attorney, Ray Kuyler, present an overview of nuclear regulation in the United States. The course will cover the history and background necessary to understand the U.S. regulatory process. It will bring attendees up to date on the latest regulatory changes that have transformed the way commercial nuclear reactors are licensed for construction, approved for siting, and regulated during construction and operation. The course also will cover NRC regulatory requirements and guidance documents, and will examine NRC’s role over radioactive materials use in medical, commercial, and industrial applications, as well as the nuclear fuel cycle, from uranium mining through waste disposal. Each attendee will receive a copy of Fundamentals of Nuclear Regulation in the United States written by Alex Polonsky and retired Morgan Lewis partner and former NRC regional counsel, Jay M. Gutierrez.
- How NRC regulates existing reactor licenses and licensees
- How NRC imposes its regulatory requirements on users of nuclear materials.
- How NRC evaluates licensee performance
- How new power plants and other fuel cycle facilities are licensed
- How nuclear technology and material exports are regulated
- Review the history and development of nuclear regulation in the U.S.
- Discuss the relationship of the NRC with other organizations both inside and outside of the government
- Review the organizational and staffing structure of the NRC
- Recognize the regulatory and licensing requirements of the NRC
- Examine how the NRC evaluates licensee performance
- Review the hearing process of the NRC
- Discuss the NRC’s enforcement process
EUCI has been accredited as an Authorized Provider by the International Association for Continuing Education and Training (IACET). In obtaining this accreditation, EUCI has demonstrated that it complies with the ANSI/IACET Standard which is recognized internationally as a standard of good practice. As a result of their Authorized Provider status, EUCI is authorized to offer IACET CEUs for its programs that qualify under the ANSI/IACET Standard.
EUCI is authorized by IACET to offer 1.1 CEUs for this event.
Upon successful completion of this event, program participants interested in receiving CPE credits will receive a certificate of completion.
Course CPE Credits: 13.0
There is no prerequisite for this Course.
Program Level: Beginner/Intermediate
Delivery Methood: Group-Live
Advanced Preperation: None
EUCI is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit.
Requirements for Successful Completion of Program
Participants must sign in/out each day and be in attendance for the entirety of the course to be eligible for continuing education credit.
PowerPoint presentations will be used in this course.
Wednesday, April 25, 2018
12:30 – 1:00 p.m. :: Registration
1:00 – 4:30 p.m. :: Course Timing
Welcome and Program Overview
Technical Overview of the Nuclear Fuel Cycle
History of Nuclear Regulation: 1946-Present
- Atomic Energy Act of 1946 and 1954
- Atomic Energy Commission
- Joint Committee on Atomic Energy
- Energy Policy Act of 1974 and formation of the NRC
- NRC’s changing roles to the present
NRC’s Relationship to Others
- The role of the NRC
- External influences on the NRC
- Congressional oversight responsibility for the NRC
- NRC’s relationship to others, both inside and outside the government
2:30 – 2:45 p.m. :: Afternoon Break
Structure and Function of NRC’s Component Offices
- The structure of the NRC
- Adjudicatory functions of the Commission
- The structure of the NRC staff offices
- NRC staff program offices
- The regional offices
- Standing principal advisory committees and boards
How NRC Imposes Formal Regulatory Requirements, Informal Expectations, and Commitments
- Hierarchy of NRC regulatory requirements
- Statutes, Regulations, and License requirements
- Final safety analysis report (FSAR) and commitments
- Design and procedures
- Role of NRC guidance
Reactor Licensing Processes: Existing Plants
- Licensing process for current term plants
- License amendments
- Changes in final safety analysis reports (FSARs)
- Resolving degraded and nonconforming conditions
- License renewal process
- Post-license renewal requirements
- Financial qualifications
- Foreign ownership and control
- Power uprates
Thursday, April 26, 2018
7:30 – 8:00 a.m. :: Continental Breakfast
8:00 a.m. – 5:00 p.m. :: Course Timing
How NRC Evaluates Licensee Performance
- Inspection program
- Reactor oversight process (ROP)
- Response levels
- Inspection and ROP outputs
- Operating experience
New Nuclear Plant Licensing
- Licensing of new plants
- Early site permits
- Design certification
- COL application
- Authorization to load fuel and operate
- ITAAC review and approval
- Financial incentives
10:30 – 10:45 a.m. :: Morning Break
Generally Regulated Activities of Operating Plants
- Physical security
- Fitness for duty
- Access authorization
Nuclear Liability and Decommissioning
- Decommissioning funding
The Hearing Process: When Is Someone Entitled to a Hearing and on What Issues?
- Who is an interested party?
- What triggers a right to request a hearing?
- Overview of the hearing process
- Discovery and limitations
- Mandatory hearings
12:00 – 1:00 p.m. :: Group Luncheon
- Statutory and applicable regulations
- ROP vs. traditional
- Civil penalties
- Mitigation and escalation
- Actions against individuals
- NRC Backfit Rule – 10 CFR 50.109
Safety Culture and Safety-Conscious Work Environment (SCWE)
- Safety Culture
- Commission issuance on safety culture
- NEI guidance
- Understanding and Meeting NRC Expectations for SCWE
- Employee concerns
- Department of Labor and NRC parallel paths
- Industry experience
- Detecting and preventing retaliation
- Chilling effects
2:15 – 2:30 p.m. :: Afternoon Break
The NRC’s Allegation and Investigatory Processes
- Referred allegations
- Investigation process
- OI interviews
Overview of Nuclear Export Control Issues
- NRC export controls
- of Energy export controls
- of Commerce export controls
- Violations and penalties
Nuclear Waste and Related Fuel Cycle Issues
- Low-level waste issues
- High-level waste issues
Open Forum for Questions and Course Conclusion
Alex Polonsky, Partner – Energy Practice, Morgan Lewis & Bockius LLP
Mr. Polonsky has practiced nuclear law for two decades, assisting a variety of clients before the NRC and the federal courts in most aspects of the nuclear fuel cycle. Mr. Polonsky’s nuclear practice includes advising on NRC licensing, license transfers, license renewal, decommissioning, internal investigations, export controls, and environmental evaluations. He is the co-author of Fundamentals of Nuclear Regulation in the United States. He graduated with high honors from the Vermont Law School in 1998. He received his undergraduate degree in environmental science, with honors, from Wesleyan University in 1992.
Thomas Poindexter, Partner – Energy Practice, Morgan Lewis & Bockius LLP
Mr. Poindexter represents nuclear energy clients in licensing, regulatory, and adjudicatory matters before the NRC and the Department of Energy. Mr. Poindexter has assisted nuclear power plants to recover from regulatory, investigation, and enforcement problems, both in the United States and Canada. He regularly provides legal advice on a number of substantive regulatory matters, such as environmental qualification of electrical equipment, quality assurance programs, NRC policies, and technical specification interpretations. Prior to practicing law, Mr. Poindexter worked for the NRC for seven years in various technical positions. Most notably, he was one of a core group of NRC technical personnel between 1979 and 1985 responsible for inspecting and overseeing the clean-up activities at Three Mile Island, serving as the NRC Project Manager at TMI-2. Mr. Poindexter holds an undergraduate degree in Nuclear Engineering from Purdue University, and is a graduate of George Mason University School of Law.
Stephen Burdick, Partner – Energy Practice, Morgan Lewis & Bockius LLP
Stephen J. Burdick counsels clients in the nuclear industry, both inside and outside the United States. A former civilian nuclear plant engineer and nuclear plant operator, Stephen advises electric utilities, reactor developers, government entities, and other companies across the nuclear fuel cycle. Stephen’s work focuses on regulatory and litigation matters before administrative bodies, such as the NRC, and before relevant courts with a specific emphasis on new reactor projects, decommissioning, high level waste, medical isotopes, and nuclear export controls.
Ray Kuyler, Assistant General Counsel – Nuclear Regulatory Affairs, Westinghouse Electric Company, LLC
Mr. Kuyler is an in-house attorney with Westinghouse Electric Company, a leading provider of nuclear power plant products and services around the world. Mr. Kuyler advises the company on nuclear regulatory and related legal matters, including U.S. NRC licensing and enforcement proceedings, nuclear safety and regulatory compliance, nuclear liability, employment discrimination, internal investigations, and related matters. Before joining Westinghouse, he practiced law at Morgan Lewis as a member of its Nuclear Energy Practice. Prior to practicing law, Mr. Kuyler was a nuclear-trained surface warfare officer in the U.S. Navy, qualifying as a nuclear chief engineer and serving as an instructor at the U.S. Naval Academy. Mr. Kuyler earned his J.D. in 2005 from the Georgetown University Law Center, where he was senior editor of the Georgetown Journal of International Law. He earned his M.A. in history from the University of Maryland and his B.S., with honors, from the U.S. Naval Academy.
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