Legal and Regulatory Framework
for U.S. NRC

Forum for Nuclear Cooperation in Asia
2018 International Workshop
Marian Zobler
Deputy General Counsel
Office of the General Counsel
March 24, 2018

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NRC’s Mission
License and regulate the Nation’s civilian
use of byproduct, source, and special
nuclear materials to ensure adequate
protection of public health and safety,
promote the common defense andsecurity, and protect the environment.

2Legal Basis for Regulated Activities• Statutes, principally the Atomic Energy
Act (AEA) of 1954, as amended.
• Energy Reorganization Act• Other important statuteso the National Environmental Policy Act(NEPA)o Nuclear Waste Policy Act of 1982, asamended3Legal Basis for International Program• Atomic Energy Act of 1954, as amended• Nuclear Non-Proliferation Act of 1978
• Treaties, Conventions and Agreements including:– Nuclear Non-Proliferation Treaty– International Atomic Energy Agency (IAEA) Safeguards– Conventions: Nuclear Safety; Waste and Spent Fuel; Physical Protection;
Early Notification; Assistance; and Liability– 123 Agreements for peaceful nuclear cooperation

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NRC: An Independent Regulator• NRC has 5 Commissioners, who are nominatedby the President and confirmed by the U.S.
Senate, and who serve staggered 5-year terms.
• No more than 3 Commissioners can be from thesame political party.
• The President designates the Chairman, who acts
as the NRC’s official spokesperson and principal
executive officer.

5NRC: An Independent Regulator (Cont.)• Executive Director of Operations– Nuclear Reactor Regulation– Nuclear Materials Safety and Safeguards– New Reactors– Nuclear Incident and Response– Research••••Office of the General Counsel
Office of the Chief Financial Officer
Office of Congressional Affairs
Office of International Programs• Office of the Inspector General6

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NRC Licensed Activities• 99 operating power reactors producing about
20% of U.S. electricity• 31 operating research/test reactors, and• 14 major fuel cycle facilities (uranium recovery
and milling, uranium conversion and deconversion,uranium enrichment, and fuel fabrication)• 2,900 NRC issued materials licensees(18,900 issued by States)• Jurisdiction over waste facilities, including
any proposed high level waste repository

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Nuclear Reactors:
Commercial power reactors for generating electricity: 99 operating at 65 sites in 31 states
Research and test reactors used for research, testing and training: 31 operating in 22 states

Reactor CoreDiablo Canyon Plant,CANew Reactors• Early Site Permits (ESPs)– Issued 5 ESPs
– One ESP application under review for theClinch River Nuclear Site

• Design Certifications (DCs)– Issued certifications for 5 reactor designs– Two DC applications under review– One DC renewal application under review
for the ABWR design.

• Combined Licenses (COLs)– Issued 12 COLs at 7 different sites
Awaiting the Commission’s decision onwhether to issue a COL for Turkey Point
Units 6 & 7.

AP-1000/600

Materials Regulation• Sealed sourcesand devices• Medical uses
• Industrial uses
• Academic andresearch uses

MOISTURE DENSITY GAUGECOMMERCIAL IRRADIATOR• Consumerproducts
SMOKE DETECTORGAMMA KNIFE

Fuel Cycle: Uranium Production &Enrichment

Uranium Yellow Cake
Nuclear Fuel Services

Reactor Fuel Fabrication

In Situ Uranium Mining

Louisiana Energy Services
Enrichment Facility

Radioactive Waste Storage and Disposal

SPENT FUEL POOLYUCCA MOUNTAIN, NVDRY CASK STORAGE

LOW LEVEL WASTE STORAGENRC’s International Activities• Participates in major international nuclear organizations & activities• Export/import licensing• Implement US Non-Proliferation Policy

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Export Control Regulations• Reflect statutory requirements and implement
international treaties and agreements• Apply to any person who exports or imports
nuclear equipment and material with few
exceptions• Authorize export/import only – do not authorize
receipt, acquisition, transfer, transport,
possession• Require compliance with applicable domestic
requirements• Provide for public review and comment15

Carrying Out aRegulatory Program16

Setting Standards:
Rulemaking•Regulations (or rules) are genericallyapplicable and provide the basic framework
for the NRC’s safety and security
standards for licensing, operation,enforcement activities, and publicparticipation.

•Regulations must be publicly available andare compiled in the Code of Federal
Regulations (CFR)•Regulations are developed on the basis ofresearch, international guidance, operatingexperience, etc.

•Regulations may be supplemented byguidance documents: more detailed
descriptions of a means to comply with arule, though not legally binding inthemselves.
17Inspection and Enforcement• Broad powers to inspect regulatory activities
to ensure compliance with regulations• Can impose civil monetary penalties for noncompliance• Certain non-compliance can result in criminalenforcement• Can order shut down of a facility or lesser
actions18

Public Hearings• Required by Atomic Energy Act, Section 189• Held Before:– Three-Member Atomic Safety and Licensing
Boards (typically one lawyer and two scientists)– Commission• Subject to review by Federal
Courts19

NRC Principles of Good Regulation• Independence• Openness• Efficiency• Clarity• Reliability

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Thank you!

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For Additional Information•

http://www.nrc.gov•

http://www.nrc.gov/reading-rm/doc-collections/cfr/•

http://www.nrc.gov/about-nrc/regulatory.html•

https://www.nrc.gov/about-nrc/organization.html

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