Pillsbury

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Nuclear Energy

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Named the Most Innovative Law Firm in North America in the Energy Transition (Financial Times, 2023) and ranked among the elite by both Chambers USA and Chambers Global, Pillsbury possesses one of the world’s top nuclear energy teams—a trailblazing practice with a 60-year track record full of firsts.

Since then, we have worked on large-scale nuclear energy projects and related matters and their financings in more than 75 countries on six continents. Today, as one of the world’s largest and most preeminent nuclear energy practices, our practice has the deepest and most recognized global nuclear energy team, possessing the specialized knowledge and historical perspective to help clients take full advantage of opportunities in this complex and critically important field.

Our team includes innovators who have helped advise on first-of-a-kind technologies, thought leaders who understand the modernization of nuclear energy and advanced nuclear technologies and the commerciality to complete deals. We are currently advising nuclear power plant operators, investors, financial institutions, governments, reactor suppliers and other industry participants. We provide advice on policy, regulation, transactions, litigation, intellectual property, real estate and land use. Our experience also extends to crisis response, going back to our representation of the owner of the Three Mile Island power station. Our work is international and includes handling major nuclear procurements, transboundary investments and regulatory requirements in the international nuclear energy industry.

Our nuclear industry experience includes:

Nuclear Energy Transactions

International Agreements

Nuclear Export Controls

Nuclear Litigation

Investigations and Employee Concerns

Siting and Licensing of New Nuclear Facilities

Design Certification

Procurement, Construction and Project Finance

Advanced Reactors, Including Small Modular Reactor and Fusion Reactors

License Renewal

Facility Regulation and Regulatory Compliance

Power Uprates

Waste Management and Decommissioning

Public Policy

Climate Change

We cover the world’s energy and finance capitals and are backed by an extensive network of host-country law firm contacts, enabling us to provide flexible and efficient legal counsel wherever—and whenever—our clients need it.

As recognized industry authorities, Pillsbury’s nuclear lawyers are routinely sought after for insight by the international press, business networks such as CNBC and Bloomberg, and publications such as The Wall Street Journal and the Financial Times.

Representative Experience

Successfully defended Duke Energy in federal court in North Carolina against a claim by Westinghouse for nearly $500 million. Following trial, the judge denied Westinghouse’s claim in its entirety.
Advising Akkuyu NPP Power Generation in the development of its nuclear power plant project in Turkey.
Represented seven applicants seeking to obtain combined operating licenses for 11 plants from the Nuclear Regulatory Commission, including the first new nuclear plant at a greenfield site.

Litigation & Dispute Resolution
- Representing an industrial company in an arbitration stemming from a $6 billion breach of contract claim related to failure of certain components supplied to a nuclear power plant.
- Represented Duke Energy in recovering $835 million from insurance carrier for repairs and power replacement costs related to Crystal River nuclear energy plant in Florida. Payout was largest in carrier’s history.
- Successfully represented Nuclear Energy Institute (NEI) and 15 utilities in federal court trials and appeals seeking to recover billions of dollars in added storage costs from the U.S. DOE for failure to dispose of utilities’ spent nuclear fuel.
- Served as lead counsel for 23 utilities in federal court trials and appeals seeking to recover hundreds of millions of dollars from the U.S. DOE for overcharges relating to uranium fuel purchase contracts.
- Served as lead counsel in the International Court of Justice and German courts for international utilities that were successful in seeking the recovery of uranium involved in a bankruptcy.

NRC Compliance
- Represented EnergySolutions in connection with the acquisition and decommissioning of the Zion nuclear plant. Currently representing Entergy in connection with the decommissioning of the Vermont Yankee nuclear plant.
- Advised a number of U.S. utilities, including Entergy, Exelon, Ameren, Dominion, Duke, Xcel Energy, Southern Company and PSEG, on export compliance matters.

Licensing Matters
- Represented Dominion Energy regarding North Anna Power Station Unit 3 in COL application preparation and proceedings, in responding to contentions, and in Atomic Safety and Licensing Board and NRC commissioners’ hearings.
- Representing Duke Energy regarding the Levy Nuclear Plant Units 1 & 2 in COL application preparation and proceedings, in responding to contentions, and in Atomic Safety and Licensing Board and NRC commissioners’ hearings.
- Represented PPL in hearings on an extended power uprate for the Susquehanna nuclear plant.
- Represented Vermont Yankee Nuclear Power Corp. in hearings on an extended power uprate for the Vermont Yankee nuclear station.
- Successfully represented utilities in proceedings resulting in issuance of 35+ license renewals for nuclear power plants, and currently representing two utilities preparing for second license renewal applications.
- Representing various vendors developing prototype reactors of an advanced design, including NuScale, Pebble Bed Modular Reactor Company, and M-Power.
- Represented Private Fuel Storage LLC in its application for a license to construct and operate an independent spent fuel storage installation in Utah.

Safety Issues
- Developed a company-wide Comprehensive Safety Culture Improvement Initiative, which included an independent assessment of the safety culture at NFS.
- Drafted and introduced quality assurance programs meeting the requirements of NQA-1 and ISO 9001.
- Conducted an independent investigation into allegations concerning Wolf Creek Generating Station employees failing to complete fire watch duties and falsification of fire watch records.

Nuclear Employee Matters
- Retained by Energy Northwest’s executive board to investigate allegations raised via anonymous letters concerning Columbia senior management’s transparency and performance, and to conduct a work environment assessment of the plant.
- Conducted an independent investigation into hostile work environment allegations and specific management, behavioral, and procedural violations, and conducted a work environment assessment of the Cook Maintenance Department.
- Conducted an independent investigation into alleged regulatory violations and related work environment assessment of the Quality Assurance and Radiation Protection departments of the Callaway Nuclear Plant.
- Representing WECTEC (formerly CB&I) in alleged retaliation claims before OSHA and the NRC concerning termination of three individuals from the Vogtle new plant construction site Access Authorization/Fitness for Duty Department.

Practice Area Highlights

Our team includes a former commissioner on the five-member Nuclear Regulatory Commission (NRC) (1998-2007), which sets all policies and rules that govern the safe and secure use of nuclear materials at all U.S. nuclear power plants.
Chambers Global and Chambers USA recognized Pillsbury as a leading firm for Nuclear Energy in 2023.
Pillsbury is ranked Tier 1 for Energy Law in the U.S. News & World Report- Best Lawyers “Best Law Firms” list in 2021.

Advised Brookfield Business Partners L.P. in the award-winning $4.6 billion acquisition and restructuring of Westinghouse Electric Co. The deal was named Private Equity Acquisition of the Year (above $1 billion) at Global M&A Network’s 2019 Turnaround Atlas Awards, the Private Equity Deal of the Year at the International Financial Law Review’s 2019 Americas Awards, and the Restructuring Deal of the Year at M&A Advisor’s 2019 International M&A Awards.

Recognized as “Energy Law Firm of the Year” by Asian-Counsel (2009) and “Energy Firm of the Year” and “Environmental Firm of the Year” by ACQ Magazine (2008).

Partner Jeff Merrifield testified before the U.S. Senate Committee on Energy and Natural Resources to discuss pathways to reestablish the U.S. as a global leader in nuclear energy and to weigh in on bill S. 903, the recently introduced Nuclear Energy Leadership Act or NELA.

Partner Jeff Merrifield appeared before a U.S. Senate subcommittee to discuss the “The Nuclear Energy Innovation and Modernization Act” and advanced reactors.

Resources

Video

Elina Teplinsky on key challenges affecting the nuclear power industry

Factsheet

123 Agreements

Nuclear Energy

Representative Experience

Practice Area Highlights

Resources

The Nuclear Matters 2020 Nuclear Caucus

Case Study

Case Study

Video

Factsheet

Rules and Regulations

Nuclear Texas SXSW 2024

Nuclear New York Mixer

Advancing Legal and Regulatory Principles for the Energy Transition

Nuclear Energy

Areas of Focus

Practices

Representative Experience

Practice Area Highlights

Resources

The Nuclear Matters 2020 Nuclear Caucus

Case Study

Case Study

Video

Factsheet

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