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Recent Developments in Nuclear Energy Law and Policy


Level: Advanced
Runtime: 95 minutes
Recorded Date: November 18, 2021
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Agenda

  • Provide an update on recent developments in commercial nuclear legislation, policy, and regulation
  • Consider perspectives on Environmental Justice in the context of commercial nuclear licensing
  • Examine the legal and regulatory challenges associated with constructing the country's first, newly constructed nuclear reactors in three decades
  • Discuss recent nuclear caselaw from the D.C. Circuit Court of Appeals
Runtime: 1 hour, 35 minutes
Recorded: November 18, 2021

For NY - Difficulty Level: For expeirenced attorneys only (non-transitional)

Description

The program will cover the legal and regulatory challenges associated with constructing the country's first, newly constructed nuclear reactors in three decades. The panel will also examine hot topics in nuclear law, such as perspectives on Environmental Justice, content-based siting for spent nuclear fuel storage, and recent caselaw from the D.C. Circuit Court of Appeals. A review of potential policy and legislative advancements for nuclear power on Federal and State levels, as well as opportunities for modernizing the regulatory framework that governs the Nation's nuclear fleet.

This program was recorded on November 18th, 2021.

Provided By

American Bar Association
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Panelists

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M. Stanford Blanton

Managing Partner
Balch & Bingham LLP

Stan Blanton serves as the Chairman of the Firm’s Executive Committee and its Managing Partner. His practice concentrates on the regulatory, licensing, and commercial issues that arise in the development, operation, and sale of electric generating facilities, particularly nuclear power plants. He is one of the nation’s leading lawyers in nuclear regulation and policy.

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Jerry Bonanno

Associate General Counsel
Nuclear Energy Institute

Jerry Bonanno is the Associate General Counsel at the Nuclear Energy Institute. Jerry received his JD Magna Cum Laude from Seton Hall University School of Law in 2005.

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Ho Nieh

Vice President orf Regulatory Affairs
Southern Nuclear

Ho Nieh was appointed vice president of regulatory affairs at Southern Nuclear in September 2021. Nieh oversees the company’s licensing and regulatory strategy. His additional responsibilities include oversight of fleet environmental, security and emergency planning as well as nuclear development support.

Nieh has more than 20 years of experience with the NRC, most recently serving as Director of the Office of Nuclear Reactor Regulation, where he was responsible for NRC reactor safety licensing and oversight programs for operating and new reactors. In addition to serving as Resident Inspector and in various roles impacting policy, operations, licensing and incident response, Nieh served as Director of Division Reactor Projects in Region 1, Director of Division Inspection and Regional Support at NRC Headquarters and as Chief of Staff for Commissioner William Ostendorff.

Beyond the NRC, Nieh served the Nuclear Energy Agency as Director of the Division of Nuclear Safety Technology and Regulation, where he enhanced international cooperation for nuclear safety regulatory authorities and research institutes. He served as Communications Advisor to the International Atomic Energy Agency and worked in many capacities at Knolls Atomic Power Laboratory, including as a Civilian Instructor for the Navy’s Nuclear Power Program.

Nieh earned his Bachelor of Engineering in marine engineering from New York Maritime College and is a graduate of the United States Naval Nuclear Power School. He attended Rensselaer Polytechnic Institute for graduate studies in nuclear engineering and earned a Master of Business Administration from Johns Hopkins University. Nieh also completed the Executive Education in Strategic Management program from Harvard Kennedy School of Government.

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Ellen C. Ginsberg

Senior Vice President, General Counsel & Secretary
Nuclear Energy Institute

Ellen Ginsberg is NEI’s senior vice president, general counsel and secretary.

She has held those positions since 2005, previously serving as NEI’s deputy general counsel.

Ginsberg is responsible for legal matters affecting the commercial nuclear energy industry. She represents NEI in proceedings before federal regulatory agencies, including the U.S. Nuclear Regulatory Commission and the U.S. Department of Energy. She also works with state attorneys general on generic legal, regulatory and policy issues.

Ginsberg directs and manages NEI’s litigation on behalf of its members. NEI frequently participates as a party or amicus curiae in matters before the U.S. Supreme Court, federal Courts of Appeals, and state courts. Under her leadership, NEI and the National Association of Regulatory Utility Commissioners successfully advocated to the D.C. Circuit that it should order DOE to discontinue its collection of the fee for the used fuel disposal program that DOE had unilaterally terminated. Succeeding in this action will save electricity consumers $750 million dollars per year in fees. She also directed NEI’s participation in the In re Aiken County lawsuit, which was successful in obtaining an order from the D.C. Circuit mandating that the NRC resume its review of the Yucca Mountain license application.

Recently, Ms. Ginsberg was featured in a Modern Counsel article, an online publication that shares the perspectives and experiences of highly-regarded members of the legal community.

Prior to joining NEI, Ginsberg practiced with the Washington, D.C., law firm of Swidler & Berlin. While there, she was heavily involved in litigation of prudence matters before the Federal Energy Regulatory Commission and advised nuclear utilities to reduce the risk of prudence disallowances.

From 1984 to 1986, Ginsberg served as a law clerk to the NRC’s Atomic Safety and Licensing Board Panel. In that position, she had substantial responsibility for evaluating pleadings and testimony submitted in licensing proceedings and for generating initial drafts of decisions issued by licensing boards.

Ginsberg is a 1980 magna cum laude graduate of Tufts University and was awarded a bachelor’s degree with special honors in history. She received her law degree from American University. She also has successfully completed the Reactor Technology Program for Utility Executives at the Massachusetts Institute of Technology.

Ginsberg is a member of the New York state and District of Columbia bars as well as the American Bar Association and Energy Bar Association. From 1991 to 1992, she served as chairman of the Younger Lawyers Division of the Federal Bar Association.

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Darani M. Reddick

Director of Regulatory Inititives
Exelon Generation

Darani Reddick is the Director of Regulatory Initiatives at Exelon Generation, where she is responsible for developing Exelon Nuclear’s regulatory priorities and strategy. She recently assumed this role after serving as the Chief of Staff to Exelon Corporation’s Senior Executive Vice President and Chief Strategy Officer.

Prior to her Chief of Staff position, Darani served as a Regulatory Affairs Manager and Assistant General Counsel, where she provided advice on a wide range of nuclear legal and regulatory matters, including investigations and enforcement, physical security, decommissioning planning, licensing, and export controls. Prior to joining Exelon, Darani was a Senior Associate in the Nuclear Energy practice at Winston & Strawn LLP. She started her career at the NRC, beginning as an attorney in the Office of the General Counsel and later serving as the Deputy Chief of Staff and Legal Counsel to then-Commissioner Kristine Svinicki.

Darani holds a Bachelor’s degree from the University of Virginia and a law degree from The George Washington University School of Law.


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