Nuclear Energy

Balch & Bingham’s Nuclear Energy Practice is globally recognized for its depth of experience and leadership in nuclear matters, including:

• New Plant Development
• Licensing & Regulatory Compliance
• Nuclear Transactions & Project Support
• Plant Decommissioning and Recommissioning 
• Spent Nuclear Fuel 
• Corporate Governance
• Contract Law
• Employment Law
• Enforcement Proceedings & Investigations
• Nuclear Fuel Supply Litigation
• Nuclear Waste
• Legislative & Public Policy Counseling
• Intellectual Property

We have decades of successful experience advising nuclear plant owners, developers, operators and industry vendors on new and existing plants. 

Full-Scope Nuclear Practice

Balch’s Nuclear attorneys play key roles in the development and expansion of commercial nuclear facilities across the U.S. and Europe, providing legal guidance from the initial legislative groundwork to regulatory approvals, construction contracts, and operational compliance.

Our team is widely recognized in nuclear energy law and provides counsel on operating plant and post-shutdown regulatory and licensing compliance, supply chain and contract negotiation and administration, new plant financing, nuclear mergers and acquisitions, dispute avoidance and resolution, decommissioning and waste management strategy, and other regulatory agency compliance matters. Our involvement often extends across the full project timeline, enabling us to deliver continuity, institutional knowledge, and strategic insights that add long-term value.

Select Nuclear Energy Experience

New Nuclear Plant Licensing and Development

The firm’s attorneys have been at the forefront of the nation’s commercial nuclear power renaissance. Starting with our involvement in the developing the NRC’s licensing regime and the Utility Requirements Document for new plants in the 1990s, Balch has continued to remain a key player in nuclear development. We were also heavily involved in shaping the nuclear development incentives enacted in the Energy Policy Act of 2005. We represented one of the first applicants to construct a new nuclear plant in the United States in more than 30 years, and continue to work on new projects throughout the United States and Europe. Our clients and our attorneys have been active participants in the process of new nuclear power plant development. 
 
In 2009, the firm successfully represented Southern Nuclear and the Owners of Vogtle Units 3 and 4 in the first ever contested Early Site Permit proceeding, and the first Limited Work Authorization for safety related construction, before the Nuclear Regulatory Commission. The firm acted as lead counsel for the Vogtle Units 3 and 4 application for a Combined License. The Vogtle COL application was the “Reference COLA,” or lead application, for all applications referencing the Westinghouse AP1000 design, and the firm provided advice and counsel regarding standard application issues in that context.
 
We regularly represent owners and operators in connection with the technology and construction contracts for new nuclear units and financing of the same including interactions with the United States Department of Energy and other federal agencies regarding proposed new nuclear units.  
 

Nuclear Licensing and Regulatory Compliance

Balch has 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. We counsel and advise clients with license compliance issues, including the Nuclear Regulatory Commission’s (NRC) license amendment process and compliance with Department of Energy (DOE) regulations covering the international exchange of nuclear information. Balch Nuclear Energy attorneys understand the importance of safety and security to nuclear clients and continue to offer guidance on emerging regulatory issues.
 

Nuclear Waste Issues

Balch is intimately involved in all aspects of the Nuclear Waste Policy Act. We serve as lead counsel in judicial proceedings to enforce the rights of utilities under the Act and to preserve the integrity of the Nuclear Waste Fund, currently representing clients in both trial and the appellate stages of this litigation. Our attorneys are often sought regarding potential amendments to the Act, and 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. Additionally, we represent clients in connection with the negotiation of contracts with vendors of Low-Level Radioactive Waste Treatment and Storage services.
 

Legislative Counseling

Our firm has a long history of advising clients concerning proposed legislation and the legislative process itself. Balch Nuclear Energy attorneys frequently analyze and draft legislative proposals and interact with policy-makers regarding the development and regulation of nuclear energy. We consult with the government affairs representatives, industry associations, and members of Congress regarding potential nuclear legislation, particularly in connection with energy and climate change legislation pending before the United States Congress.
 

Enforcement Proceedings and Investigations

Balch provides 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 with effective advocacy and help devise strategies to minimize the adverse regulatory, economic and public relations effects that can occur in such situations.
 

Nuclear Fuel Supply

Our nuclear practice represents nuclear operators in connection with the issues that arise in the acquisition and processing of nuclear fuel. We 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

Balch has extensive experience with the special issues confronting licensees in their status as employer. We provide counsel to clients with allegations of retaliation against “whistleblowers,” before both NRC and the Department of Labor. We also assist clients in designing corporate concerns and other compliance systems to help ensure that employee rights are protected.
 

Spent Nuclear Fuel Litigation

Balch Nuclear attorneys have decades of experience counseling clients in litigation relating to the Government’s failure to pick up and store spent nuclear fuel pursuant to the Nuclear Waste Policy Act. Balch represents clients in the ongoing appeals and assists in filing additional lawsuits based on similar grounds. 

The team is very knowledgeable about the energy business, delivers great client services and has strong commercial prowess

- CHAMBERS USA  

Comprehensive Nuclear Counsel

With Balch’s history in the energy industry and the breadth and depth of our nuclear energy practice, virtually every practice in the firm includes attorneys with experience representing nuclear licensees – litigators who have handled spent fuel litigation and billion-dollar commercial disputes, transactional attorneys who have handled one-of-a-kind nuclear deals, finance lawyers who have worked on the only two DOE loan guarantees issued for nuclear projects, FERC attorneys who support interconnection, transmission, and reliability requirements, and labor and employment teams who are well versed in Davis Bacon compliance, fitness for duty, and safety conscious work environment issues.