Nuclear Power » Representative Transactions

Special Nuclear General Counsel to NU
Management and oversight of all nuclear legal matters
March 1996 through July 1998

From March 1996 through July 1998, one partner of a PLEXUS firm became Special Nuclear General Counsel to NU following the placement of the three Millstone units on the Nuclear Regulatory Commission's ("NRC") watch list. In this capacity, he was responsible for the management and oversight of all nuclear legal matters arising from the placement of the Millstone units on the watchlist, including the legal activities surrounding the restart of Millstone 3, the first Millstone unit to restart after a 28-month shutdown.

Connecticut Yankee Atomic Power Company
FERC proceeding
Connecticut

Representation of Connecticut Yankee Atomic Power Company ("CYAPCO") in a proceeding before the FERC arising from CYAPCO's decision to shut down and decommission its Haddam Neck plant prior to the expiration of that plant's NRC operating license. This proceeding remains to date the only fully contested proceeding in the United States involving the decommissioning of a nuclear power plant. The highly politicized atmosphere in Connecticut at the time due to the Millstone Watchlist designation led to aggressively asserted, wide-ranging challenges to CYAPCO's decommissioning proposal by a variety of groups, including the Connecticut Department of Public Utilities Control, which is the primary state regulator of CYAPCO's largest shareholder. These challenges ultimately required CYAPCO to defend its operations over the 30-year life of the unit as well as its economically-based decision to retire the plant prematurely. Representation of CYAPCO required not only an intimate knowledge of actual plant operations including radiological controls, but also great familiarity with ratemaking principles and the NRC and FERC regulatory schemes, including reporting and enforcement, as well as the economics and operation of the nuclear industry in general. As a result of these efforts, the FERC proceeding was satisfactorily settled.

Owners of several nuclear generating stations
IRS audits

Representation of the owners of several nuclear generating stations extensively in connection with IRS audits. Issues included in service date, investment tax credits, repairs capitalized for book purposes, NRC licensing costs, capitalized interest on nuclear fuel rod fabrication costs, NRC-mandated plant safety modifications, and accounting methods for spare parts.

Whistle blower law
Connecticut

Representation of defendant in suits under Connecticut's whistle blower law, and in many Department of Labor whistle blower matters including claims under OSHA. Additionally, represented a broad range of employers under the Connecticut statute prohibiting the termination of employees for exercising their rights to, inter alia, free speech.

Insurance company
Designing nuclear insurance programs

Representation of an insurance company in connection with designing nuclear insurance programs for use by third parties who are loaning funds to finance nuclear assets and who are concerned about nuclear liability and the sufficiency (or lack thereof) of nuclear property damage insurance. Such representation requires familiarity with the way in which the various nuclear coverages apply to third parties, nuclear sites shared by multiple units with multiple owners, the potential gaps in Price Anderson and the range of options for dealing with these issues.