Nuclear Energy

Represented an oil and gas trade association in responding to the DOE NOPR requesting that FERC establish a mechanism to allow fuel-secure coal and nuclear energy facilities to obtain cost-of-service rate recovery in the organized energy markets. The DOE argued that granting the NOPR was necessary to address fuel-security concerns and to preserve the resilience of the nation’s organized energy markets. The proceeding drew comments from industry participants representing every aspect of the energy industry both for and against DOE’s proposal. Drafted comments for the natural gas industry opposing the proposed cost recovery mechanism for the coal and nuclear facilities. FERC rejected the DOE’s NOPR but instituted a separate proceeding to examine the resilience of the organized wholesale markets; represented the client in filing comments in that proceeding, as well.

Served as national counsel to a joint defense group representing more than 80% of the US commercial nuclear power industry on claims avoidance and defense of radiation injury claims.

Represented a global nuclear supplier in the assessment and review of its long-standing JV regarding the European nuclear energy market in connection with exclusivity, licensing, and termination issues.

Advised a fusion energy startup regarding the US Nuclear Regulatory Commission's efforts to develop a regulatory framework for fusion energy machines, including integration with the Agreement State program.

Advised a fusion energy startup regarding Washington State regulation of fusion energy and similar devices.

Represented a nuclear technology provider in relation to a series of high-value nuclear projects across the globe. Leveraged EPC experience on mega and giga projects.

Represented a US supplier of nuclear technology in a dispute with an electric utility in South Korea. The claim related to our client’s efforts to block the Korean company from any “unauthorized transfer” of its nuclear technology to foreign countries, which the US company argued would be in breach of US export control rules. A tribunal was constituted.

Advised a public utility district on the authority to participate in the development and ownership of, or purchase of power from, a nuclear power facility.

Provided tax and regulatory advice to a diversified energy technology company regarding a nuclear decommissioning trust.

Negotiated construction documents and counseled a life sciences company using nuclear technology on the development of a turnkey US manufacturing facility.

Advised a data center developer in its negotiations with both the grid operator and the owner of a nuclear power plant as they sought to develop a behind-the-meter blockchain data center at the nuclear power plant. Provided strategic advice on changing wholesale electricity market rules, and helped the developer structure its business model in light of such rules. 

Advised a US nuclear power company on a new-build nuclear project in the Netherlands.

Advised a US nuclear power company on a uranium supply agreement and bridging agreement for a new-build nuclear project in Eastern Europe.

Served as lead counsel for a leading supplier of safe, innovative nuclear technology in parallel litigations involving a lawsuit in the US District Court for the District of Columbia and arbitration before the Korean Commercial Arbitration Board. The core issues in both proceedings were whether Korean nuclear reactor designs incorporate technology owned by our client, and whether a Korean electric utility and related entities have the right to sell such nuclear reactor designs outside Korea under US regulations concerning the export of nuclear technology and under the surviving rights of a prior license agreement between the utility and our client's predecessor. In light of then-pending bids for the contract to build nuclear reactors in the Czech Republic, the KCAB arbitration was bifurcated such that the contract interpretation issues related to the utility’s right to sell nuclear reactors to the Czech Republic under the surviving rights of the prior license agreement would be decided in Phase I while the issue of whether the Korean reactor designs incorporate our client's technology would be decided in Phase II.

Advised a US-based nuclear technology company on one of Poland's first nuclear power plant projects. Drafted and negotiated contracts for design and construction of the plant. Drafted a consortium agreement between our client and an EPC company, solidifying designs.

Conducted an internal investigation for a nuclear power company in response to DOJ and SEC investigations into a failed nuclear power plant construction project. Advised the client at all stages of its cooperation in parallel federal grand jury and SEC investigations related to fraud allegations. The investigation netted guilty pleas from three executives, including the client's former project director, and a US$4 billion corporate integrity agreement with the project owner. In the face of multiple billions of dollars of exposure in criminal penalties, negotiated a cooperation agreement with both federal and state law enforcement. Ensured no prosecution of our client in exchange for a US$21.5 million contribution to a state-administered grant program. The DOJ indicted a former senior vice president of our client, but the company was not charged and fully monetized its exposure on favorable terms.

Worked with a world-leading supplier of safe, innovative nuclear technology and future carbon-free energy solutions to develop a worldwide patent portfolio strategy for its core nuclear energy technology. Prepared, filed, and prosecuted international patent applications in the United States, Europe, China, Taiwan, Korea, Japan, Brazil, South Africa, Ukraine, and Russia. Performed patentability and freedom-to-operate searches. Represented the client in oppositions before the European Patent Office. Assisted the client in developing and maintaining a worldwide trademark portfolio.

Advised nuclear generators on Nuclear Regulatory Commission rules relating to nuclear decommissioning trust funds and drafting of trust agreements. Advised investment management companies regarding permissible assets for nuclear decommissioning trust funds.