Nuclear Energy

Balch & Bingham has been deeply involved for many years in the development of nuclear power in the United States. The Firm’s clients range from large owner/operators of nuclear power plants to suppliers of products and services to the nuclear industry and individuals employed in the industry. The Firm takes a special interest in understanding not only the legal, regulatory and political issues that affect the industry, but also the unique nature of the business of producing nuclear energy.

The Firm regularly represents its clients in a variety of traditional licensing, enforcement, and rulemaking proceedings before the Nuclear Regulatory Commission.

In addition we frequently appear before other federal and state agencies and courts in proceedings critical to the nuclear industry. Our lawyers also often serve as legislative counsel, helping clients to effectively participate in the important process by which laws affecting nuclear power are made and changed. Last, but certainly not least, we provide counsel on a daily basis regarding the myriad of issues that confront participants in this complex industry. The Firm’s nuclear practice stays on the cutting edge of nuclear regulatory and policy issues.

Nuclear Licensing and Regulatory Compliance - The Firm regularly represents its clients in a diverse array of nuclear licensing matters. The Firm currently represents the applicant for an early site permit and proposed applicant for a combined operating license for two advanced light water reactors in connection with licensing, commercial, regulatory and governmental affairs issues related to the proposed new facilities. The Firm has also acted as counsel to the successful applicant for renewed facility operating licenses and to successful applicants for the transfer of operating licenses to new owners and new operators of nuclear power plants. The Firm also provides counsel and advice concerning a wide variety of regulatory and license compliance issues.
Enforcement Proceedings and Investigations - Our lawyers have extensive experience providing counsel and representation to licensees and individuals in connection with NRC enforcement proceedings, investigations by NRC, the Department of Labor and state agencies, particularly proceedings initiated pursuant to the provisions of the Atomic Energy Act and the Energy Reorganization Act. We are intimately familiar with the impact such proceedings have on companies and individuals and assist our clients not only with effective advocacy but also help them devise strategies to minimize the adverse regulatory, economic and public relations effects that can occur in such situations.
Management of Used Nuclear Fuel - The Firm has been intimately involved in all aspects of the Nuclear Waste Policy Act, including judicial proceedings to enforce the rights of utilities under the Act and preserve the integrity of the Nuclear Waste Fund. The Firm also has been involved in efforts to amend the Act to provide for reform of the federal radioactive waste program, and interactions between our clients and various entities of the federal government regarding issues arising under the Act. The Firm has provided advice in connection with the development and licensing of on-site nuclear fuel storage facilities and independent spent fuel storage installations.
Nuclear Fuel Supply - The Firm’s practice includes the representation of nuclear operators in connection with the issues that arise in the acquisition and processing of nuclear fuel. Our lawyers represent purchasers of nuclear material, conversion and enrichment in the negotiation and drafting of contracts with suppliers, as well as interact with various federal and state agencies that regulate such transactions.
Employee Protection - The Firm’s lawyers have extensive experience with regard to the special issues confronting licensees in their status as employer. We have provided counsel and representation to clients in connection with allegations of retaliation against “whistleblowers,” before both NRC and the Department of Labor. We have also assisted clients in designing corporate concerns and other compliance systems to help them ensure that employee rights are protected.
Legislative Counseling - The Firm has a long history of involvement in providing counsel to its clients concerning proposed legislation and the legislative process itself. Our attorneys have experience in analyzing and drafting legislative proposals and interacting with policy-makers regarding the development and regulation of nuclear energy. Most recently, the Firm was heavily involved in the process leading to the enactment of the nuclear provision of the Energy Policy Act of 2005 and a variety of efforts to amend the Nuclear Waste Policy Act.