Jay E. Silberg
+1.202.663.8063

Chambers USA ranks Pillsbury’s nuclear practice in the highest tier nationally. We represent clients and governments in nuclear energy transactional matters throughout the world, including government procurement, multiparty agreements, domestic and international project finance transactions, joint ownership agreements for generation and transmission facilities, fuel procurement, export controls and nuclear liability issues. We have handled the licensing of more power plants than any other firm, increasing efficiency to the point that often the licensing renewal process is decreased by months for our clients.

First-of-a Kind Issues
Pillsbury is known for handling first-of-a-kind nuclear issues, including:

• First full representation of the buyer in a nuclear plant  acquisition—FPL’s acquisition of Seabrook
• First nuclear plant to successfully renew its operating license
• First proceeding under new regulations for resolution of spent-fuel expansion license amendment requests
• First proceeding under new rules for transfer of NRC licenses
• First early site permitting proceeding for development of new nuclear plants under new provisions for reactor licensing
• First new nuclear plant in the U.S. at a greenfield site—Progress Energy’s Levy County project

Our Clients
We represent clients across all sectors of the nuclear industry in the U.S. and abroad. We serve as counsel for every U.S. nuclear power plant in some phase of the facility life cycle, including facility design and construction, procurement, initial licensing, regulatory oversight, license amendment and renewal, decommissioning and waste disposal. Our clients also include electric companies, service providers and vendors, financial institutions, gas companies, mining companies, and the owners and operators of nuclear waste facilities.

Our clients are involved in the full spectrum of commercial issues that face the nuclear industry. We represent them in complex nuclear energy litigation, and have handled hundreds of judicial and administrative matters in the United States and in international tribunals. Pillsbury has spearheaded the NRC licensing of approximately 50 nuclear power plant projects and has provided legal representation on NRC regulatory matters to more than 40 nuclear utilities.

Supported by our Energy & Infrastructure Projects team, Pillsbury also advises clients on financing the new fleet of nuclear generating plants currently seeking NRC licenses.

Technical Knowledge and Experience
Because the nuclear energy, coal, and gas industries are so heavily regulated, providing legal representation in those areas requires extraordinary technical knowledge and legal experience. Many of the lawyers in our energy group hold graduate degrees in engineering and the sciences and have held positions in the U.S. Navy, electric companies, and nuclear facilities. Some have served as counsel to the U.S. Nuclear Regulatory Commission (NRC), the U.S. Department of Energy (DOE), and the Atomic Energy Commission.

Nuclear Facility Licensing and Regulation
We represent more than 40 utilities that own nuclear facilities. Our clients also include facility licensees, architect-engineering firms, waste management companies, equipment and service vendors, management and operations contractors, consultants, and industry groups. The firm advises clients throughout every phase of a nuclear facility’s operating life cycle, including contract negotiation, initial licensing and license renewal, decommissioning, and waste disposal. In addition, we provide counsel on regulatory matters and developments.

NRC Investigations and Employee Concerns
Our lawyers advise and represent clients on enforcement matters, including regulatory actions and civil, criminal, or administrative proceedings. We assist in developing "get well" plans that do not impose unnecessary obligations on the licensee. The firm also handles formal and informal whistleblower proceedings and counsels companies on employee concerns.

Nuclear Plant Sales, Acquisitions, and Reorganizations
We have extensive experience in assisting clients in the purchase and sale of nuclear power plants. The firm has represented either the buyer or seller in most of the transactions that have taken place for the sale of ownership interests in nuclear power plants.

Nuclear Waste Disposal
We are at the forefront in dealing with nuclear spent fuel and nuclear waste storage and disposal issues. We are counsel for Private Fuel Storage L.L.C. (PFS) and represent PFS on its application for a license to construct and operate an independent spent fuel dry storage facility in Utah. We help waste management and transportation companies establish and maintain compliant nuclear waste programs. Our lawyers enable clients to develop additional spent fuel storage capacity at reactor sites, resolve low-level and mixed-waste issues, and transport waste in accordance with regulations.

Fuel Procurement
We guide clients through each phase of the nuclear fuel cycle. The firm helps clients purchase mining properties, address nuclear fuel procurement issues, and negotiate fuel procurement contracts. We represent clients in international nuclear fuel transactions in such places as Australia, Japan, Kazakhstan, Russia, and countries in the European Union.

Energy Litigation
We represent clients in complex energy litigation before state and federal courts, international arbitration tribunals, and the NRC. Our clients include most U.S. nuclear utilities and many international companies and governments. We handle lawsuits and arbitrations involving spent fuel storage, nuclear plant construction, steam generation, and pricing under enrichment contracts. The firm also litigates matters involving utility equipment suppliers, nuclear waste disposal, and nuclear power plant licensing and operations.

Commercial Energy Practice
We have extensive experience in advising clients on commercial transactions involving nuclear facilities. We negotiate and draft turnkey and technical services contracts, handle claims arising under nuclear energy agreements, and litigate commercial energy disputes. Our lawyers assist in the resolution of import and export matters, create joint ventures for uranium exploration, and develop advanced nuclear reactors and other novel technologies. We also help clients bid for contracts, negotiate teaming agreements and subcontracts, and evaluate contractor performance.