Nuclear Plant Issues

The firm has extensive experience litigating large-dollar insurance claims on behalf of nuclear generation companies, and one of our partners served for many years as a NEIL board member.  We have also litigated complex breach of contract actions arising from construction disputes, disputes over whether certain costs should be recoverable in rates and issues arising from nuclear decommissioning.  We have successfully asserted large claims against the government regarding the costs of storing spent fuel.

Representative matters include:

  • Successfully represented Exelon and two other nuclear utilities in claims against the  US Department of Energy (DOE) seeking damages for breach of contract for DOE’s failure to dispose spent nuclear fuel from these client’s nuclear reactors.  This was one of the largest settlements in the history of the US Judgment Fund. 
  • Represented a major western utility in obtaining a $400 million recovery for business interruption and property damage to steam generators at a nuclear power plant.
  • Represented a major eastern utility in recovering more than $100 million for property damage and business interruption claims arising from a turbine failure accident at a nuclear power plant.
  • Secured $48.7 million for Energy Northwest after a bench trial and appeal on a claim against the US Department of Energy for breach of a contract to dispose of the nuclear utility's spent nuclear fuel. The firm later secured an additional $23.6 million settlement for Energy Northwest related to spent fuel storage costs incurred by the utility to mitigate DOE's continuing breach of that contract.
  • Representation of the agents or arrangers or senior lenders on seven nuclear fuel lease financings.
  • Working with nuclear power plants in the Midwest to address emergency response planning and preparation as well as to provide counseling on chemical release reporting insights applicable to the plant operations.
  • Providing advice regarding potential federal enforcement action regarding chemical spill at Byron, Illinois nuclear plant.