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Fusion Energy

Contacts

Jeffrey S. Merrifield
Co-leader
T: +1.202.663.8718
William E. Fork
Co-leader
T: +1.202.663.8388
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Areas of Focus

Commercial usage of fusion energy, which promises nearly limitless, safe and carbon-free energy, could play a vital role in the clean energy transition, and is no longer an “if” but a “when.”

Private companies, investors, startups and governments are beginning to recognize the possibilities of fusion and its investment potential. Commercial viability of fusion energy has the potential to greatly accelerate progress towards a net-zero economy, with several projects expected to come online over the next decade. According to a January 5, 2022, article in Forbes magazine, the total investment in commercial fusion to date is over $5 billion.

Named the Most Innovative Law Firm in North America in the Energy Transition (Financial Times, 2023), Pillsbury is widely recognized as one of the world’s top law firms for nuclear energy and was the first firm to establish a practice dedicated to nuclear energy over 50 years ago. While fusion energy and nuclear power are fundamentally different processes, the technical and regulatory requirements to advise on the legal ramifications for advanced energy technologies are similar.

Pillsbury’s award-winning team includes thought leaders in the modernization of nuclear energy and advanced nuclear technologies. We are frequently engaged on issues involving the Nuclear Regulatory Commission (NRC), providing insight on near- and long-term regulation recommendations, and we are active in international nuclear development matters.

Developing and creating a comprehensive fusion energy practice aligns with Pillsbury’s commitment to advancing clean energy and helping clients achieve decarbonization. Our fusion energy practice complements our well-established focus on the Energy Transition—including positions at the forefront of Hydrogen, Renewable Energy and Sustainable Finance, among others—as well as market-leading practices in critical areas of the law, such as Emerging Companies & Venture Capital, Energy Regulatory and Intellectual Property.

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Pillsbury is actively advising companies on the impactful role that fusion energy will play in the energy transition. Our lawyers are helping commercial fusion developers understand the regulatory frameworks that will impact their projects, providing established companies and utilities with guidance on meeting decarbonization goals with fusion power, collaborating with international and national agencies to develop standards and guidelines for the global deployment of fusion technologies, and working with the investment and finance communities on how fusion fits into their overall sustainability programs.

We bring together lawyers with subject matter knowledge in energy regulation and policy, advanced and nuclear energy; formation, capital raising and financing; licensing and commercial arrangements; project development; international M&A and joint ventures; dispute resolution; and IP, as well as increasingly important considerations relating to environmental, social and corporate governance.

Representative Experience

  • Outside general counsel to a fusion energy company regarding nuclear regulatory, intellectual property and corporate issues.
  • Counsel to a leading U.S. supplier regarding the ITER fusion project.
  • Lead counsel to a Department of Energy contractor regarding the development of commercial fusion energy facilities.

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  • Counsel to one of the leading fusion development companies on its collaboration with the UK Atomic Energy Agency to build and operate its fusion demonstration plant at the Culham Campus in England.
  • Counsel to an international supplier to the ITER project regarding nuclear liability issues.
  • Counsel to a low-energy nuclear reaction fusion company regarding nuclear regulatory, intellectual property and corporate issues.
  • Counsel to a fusion technology company regarding investment and intellectual property issues.
  • Assisting the Fusion Industry Association in developing a regulatory framework strategy for commercial fusion energy facilities.
  • Providing strategic counsel and advice to General Fusion, which is developing advanced fusion generating facilities.
  • Advising General Fusion on development of a prototype fusion reactor in the United Kingdom.
  • Working with the Nuclear Regulatory Commission to help develop a regulatory framework to promote development of fusion energy.

Practice Area Highlights

  • Pillsbury is ranked in Tier 1 for Energy Law in the U.S. News & World Report - Best Lawyers “Best Law Firms” list in 2021.
  • Practice co-leader Jeff Merrifield serves on the Board of the U.S. Nuclear Industry Council and—together with Pillsbury counsel Sid Fowler—serves as outside counsel to the Fusion Industry Association.
  • Practice co-leader William Fork is a member of the Board of the International Nuclear Law Association (INLA) and co-chair of the INLA Fusion Working Group.

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  • Chambers Global and Chambers USA recognize Pillsbury in Band 1 for Nuclear Energy in 2021, with leading practitioners Jeff Merrifield, David Lewis, Jay Silberg and Elina Teplinsky.
  • Team includes attorneys who previously worked for Nuclear Regulatory Commission, including a former commissioner on the five-member NRC (1998-2007), which has been tasked by Congress with regulating fusion energy.

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