Nuclear Energy

For more than 35 years, Day Pitney attorneys have been at the leading edge of issues related to the nuclear energy industry, through both prosperity and difficulty. We have guided utilities in major transactions and strategic planning and in complex state and federal litigation and rate matters before federal and state agencies. Our work has encompassed plant selection, siting, procurement, structuring of ownership and operating entities, licensing and construction issues, federal regulation, operational issues, prudence and other investigations, decommissioning, Price-Anderson Act issues, federal preemption, and Nuclear Regulatory Commission (NRC) and industry assessment of performance and litigation.

We have worked on numerous nuclear projects, including Bruce, Callaway, Comanche Peak, Connecticut Yankee, Davis Besse, Diablo Canyon, Hanford, Maine Yankee, Millstone, Montague, Seabrook, South Texas Project, Summer, Vermont Yankee, Wolf Creek and Yankee Rowe.

Our attorneys have guided clients in all aspects of the commercial nuclear power industry, and our work traces the full history of the industry. Among many other projects, our attorneys have been involved in:

  • Developing Connecticut Yankee Atomic Power Company in Haddam, CT, and the three-unit Millstone Nuclear Station in Waterford, CT, including plant selection, siting, procurement, licensing, construction and financing, as well as placement into rate base of the Millstone units.
  • Creating specialized structures for the ownership, financing and operation of nuclear plants and fuel, including drafting and negotiating joint ownership agreements and plant operating agreements among co-owners and drafting and negotiating complex agreements with architects/engineers and equipment and fuel vendors.
  • Performing an extensive evaluation of the structures, benefits and costs involved in forming a nuclear operating company or a nuclear GENCO for the STARS plants (Comanche Peak, South Texas Project, Callaway, Wolf Creek and Diablo Canyon).
  • Acting as special nuclear general counsel to Northeast Utilities when the Millstone units were placed on the NRC's Watch List and shut down by the NRC, including advising the NU Board of Trustees on matters involving the recovery and restart of the Millstone units and supervising all legal resources involved with state and federal regulatory proceedings, governmental investigations, and shareholder and co-owner litigation.
  • Representing the sellers in the successful sale of the Millstone units and Seabrook Station.
  • Forming an Independent Review Team hired by the board of directors of a major utility to investigate the causes of performance decline at its nuclear plant.
  • Representing CenterPoint Energy Inc. as NRC counsel in the sale of South Texas Project Electric Generating Station as part of the $3.65 billion sale of Texas Genco Holdings Inc.

We also have extensive experience with respect to:

  • Matters involving nuclear safety culture and safety-conscious work environments, including service on the Hanford Weapons Complex Independent Safety and Quality Culture Assessment Team.
  • Independent reviews of operating issues, plant outages and employee concerns at nuclear power plants and DOE facilities.

Gerald Garfield, the leader of our Nuclear Energy practice group, served as the general counsel of Connecticut Yankee Atomic Power Company and Yankee Atomic Electric Company, two nuclear generating companies, during the decommissioning of their nuclear plants.

Mr. Garfield is a member of the Board of Directors of the Nuclear Energy Institute. He also serves as vice chairman of the Nuclear Energy Committee of the ABA Section on Public Utilities, Communications and Transportation.