Nuclear Energy

Representative Nuclear Regulatory, Dispute, and Transactional Matters

Regulatory

• Advised a US oilfield services company about export control obligations under the NRC and BIS export control regulations relating to nuclear source material, radioactive isotopes and by-products, and radioactive material encapsulated in downhole oil well-logging tools.
• Advised a non-US nuclear research and reactor development organization on the interpretation of Part 810 requirements, including the extraterritorial reach of NNSA jurisdiction to a non-US entity's nuclear activity based on either US person ownership or control of the entity, US person management, or receipt and use of US-origin nuclear technology. The work involved the collection of extensive information from the non-US entity concerning its ownership, management structure, collaboration with US companies, commingling and use of US-origin technical information with indigenous technology, and the further dissemination of its technology inside and outside the host country.
• Advised and assisted a UK company and its US affiliate about Part 810 compliance in connection with a joint venture arrangement with a US company to develop and market small modular reactor (SMR) systems, including guidance on Part 810 reporting requirements, data storage consistent with US law, and deemed exports and reexports involving non-US nationals participating in the project.
• Providing a major US nuclear fuel company ongoing US and EU economic sanctions guidance, including navigating evolving Russia-related restrictions.
• Advised a US nuclear engineering and construction company on its Part 810 reporting obligations in connection with services provided for a nuclear facility outside the United States.
• Advised a US construction and engineering company with regards to export control compliance requirements when supporting a non-US nuclear naval fleet with its nuclear propulsion systems.
• Advised a US company on its export control compliance obligations under Part 810, and prepared reports to be submitted to the NNSA for Generally Authorized Destination (GAD) export activity, including with regards to the deemed export release of controlled technology to a GAD foreign national employed in the United States.
• Advised and assisted a non-US medical device company with export control compliance and the required licenses under either BIS' Export Administration Regulations (EAR) or NRC's Part 110 regulations on the , and/or OFAC's regulations regarding medical equipment and replacement nuclear sources for delivery to a US-embargoed country.
• Advised a US subsidiary about whether contemplated exports of certain components from the US would be considered “specially designed” under the EAR and whether it would require a US government license for export to a plant in Iraq. This representation involved direct communications with BIS, as well as indirect consultations with NNSA, about the appropriate US export commodity jurisdiction and classification of the subject items under the EAR for nuclear non-proliferation reasons of control (corresponding to Annex II of the Nuclear Supplier Group Guidelines).
• Evaluated the appropriate export control classification number and prepared a specific license request to BIS to export technology related to zirconium sponge for producing fuel assemblies in nuclear power plants, to a company in China.
• Undertook external investigations on behalf of non-US headquartered companies on the potential unauthorized export and subsequent transfer of foreign-developed nuclear technology commingled with US-origin nuclear technology and submitted voluntary self-disclosures to NNSA.
• Economic sanctions advice regarding the nuclear energy sector of the Russian Federation economy, as well as the scope of OFAC general licenses that may apply.
• Conducted high-stakes internal investigations for a public power producer within the nuclear energy industry. These included addressing whistleblower claims, allegations of retaliation, and chilled work environments at nuclear power plants.
• Represented various US government contractors on funding and loan agreements for major manufacturing projects in the energy, defense, and life sciences sectors.
• Advised a Korean energy company on participating in a DOE/NNSA manufacturing project involving SMRs.
• Advised a US nuclear safety company on research and development contracts with DOE/NNSA laboratories involving digital twins and clearances to access restricted nuclear data.
• Advised a US energy company on energy efficiency research agreement with a DOE/NNSA national laboratory.
• Provided high-level advice to a client regarding the NRC's application process to build and operate a novel reactor design.
• Represented a nuclear operator in a rate challenge to recoverability of sale leaseback renewal payments and costs associated with capacity uprate.

Disputes

• Longstanding counsel to a major US nuclear fuel company in high-profile trade remedies proceedings involving uranium imports, including achieving a landmark victory at the US Supreme Court, demonstrating deep experience in complex, precedent-setting AD/CVD litigation affecting the nuclear fuel supply chain.
• Acted for a Korean industrial conglomerate in a dispute with an electric company in the US District Court for the District of Columbia alleging the potential violation of US nuclear technology export controls and seeking an injunction to stop our clients from undertaking business opportunities in various global jurisdictions outside Korea. Steptoe successfully obtained a dismissal for our clients on the grounds that the plaintiff's effort to enforce the US Atomic Energy Act and Part 810 could not proceed because the complaint lacked a private right of action under US federal law. Steptoe also represented the clients in bringing an arbitration against the other party in the Korean Commercial Arbitration Board.
• Represented a Bulgarian company in an ICC arbitration against a subsidiary of a Russian-headquartered company regarding a civil nuclear energy power plant. The dispute involved a contract to build two 1,000-megawatt reactors, but funding constraints had compelled the Bulgarian government to cancel the project.
• Represented an EPC contractor in delay and extra work claims arising out of a nuclear power plant in France under an ICC arbitration seated in Paris.
• Represented a European manufacturer of specialist equipment for incorporation into a nuclear power plant in the UK. 

Transactional

• Represented a power developer in the review and negotiation of a power purchase agreement for the offtake of electricity generated by a nuclear facility, including advising on pricing mechanisms, delivery obligations, force majeure provisions, and credit support arrangements in connection with a long-term sale to an American multinational technology company.
• Represented nuclear facilities in Florida regarding site selection, due diligence, land use approvals and land development permitting.
• Negotiated and drafted amendments to an interconnection agreement between a 2,200 MW nuclear power plant and PJM (Pennsylvania-New Jersey-Maryland) necessary to accommodate a 500 MW uprate of the facility.
• Negotiated and drafted amendments to agreement among transmission owning utilities in PJM Interconnection, L.L.C. governing the high voltage transmission facilities designed to serve a nuclear power plant in Pennsylvania.
• Negotiated and drafted amendments to an interconnection agreement to a 2,200 MW nuclear power plant in Pennsylvania to allow the facility to increase the amount of service provided to large customers behind the meter in PJM.
• Represented a US corporationin obtaining and maintaining market-based rate authority for its generation fleet that includes the Susquehanna Nuclear Power facility located in the PJM market.