Nuclear Regulation
Dating back to the mid-1960s with the planning for the first unit of Plant Hatch, Troutman Sanders has represented the Southern Company system in the area of nuclear energy law. With the start-up of Hatch 2 in the late 1970s and the two-unit Vogtle Plant in the 1980s, Troutman Sanders has shepherded three additional operating nuclear units through procurement, bidding and construction, and licensing. Outside of the Southeast, attorneys of Troutman Sanders have advised owners of the Seabrook Nuclear Plant in the area of licensing; appeared before the Illinois Commerce Commission concerning nuclear utility management; provided legal advice to the Nuclear Energy Institute; represented the owners of the Connecticut Yankee, Yankee Atomic, Maine Yankee, Vermont Yankee and Pilgrim nuclear plants; and represented individual employees at the Hope Creek, Salem, Susquehanna, Perry and Davis-Besse nuclear plants. Troutman Sanders served as lead counsel to Illinois Power Company in connection with the sale of the Clinton Nuclear Power Station to AmerGen Energy Co. LLC.
The Practice Group
Today, attorneys of the Firm are involved in virtually all legal issues associated with nuclear power plants, ranging from federal Nuclear Regulatory Commission (NRC) license transfers to litigation before the federal Department of Labor and federal courts concerning retaliation and discrimination claims to representation before state public regulatory commissions. Not all of the Firm's experience is routine. The Firm has negotiated the sale of nuclear plants, and has represented clients in investigations conducted by Congressional subcommittees, the Department of Justice, the General Accounting Office, and the NRC's Office of Investigation.
The Firm maintains contacts throughout the nuclear utility industry, as well as at non-utility facilities such as the Savannah River Site, and remains current with topical legal issues. The cooperative exchange of information with other counsel representing licensees undergoing regulatory scrutiny permits the Firm's attorneys to advise clients about regulatory trends and to develop tactical approaches. The Firm's offices in Atlanta and Washington, D.C. are located where the NRC maintains its Southeast Regional Office and its Headquarters.
The following outline briefly describes the primary benefits of Troutman Sanders' approach to nuclear utility representation. Summary descriptions of examples are given.
Philosophy of Representation
While Troutman Sanders' experience includes substantial litigation, the Firm is dedicated to the belief that a client is in business to profit from its activities and that this purpose can be best aided by lawyers who serve a "preventive medicine" role. In short, the belief is that while a business should always be prepared to defend its resources and essential principles through litigation, it is better served by thoughtful analysis and action ahead of time to anticipate and protect against potential future disputes. The Firm follows this belief when providing services in the nuclear energy field.
Familiarity with Issues
Substantive knowledge of specific issues central to the nuclear utility industry is, of course, the key to effective legal representation. The attorneys of Troutman Sanders are familiar with these issues.
- Nuclear Licensing - The Firm participated in NRC proceedings for construction permits and operating licenses for both Hatch units and both Vogtle units. Troutman Sanders attorneys successfully litigated an anti-nuclear group's intervention in a license amendment proceeding, and represented Georgia Power and Southern Nuclear Operating Company in the transfer of operating authority for Vogtle and Hatch to Southern Nuclear. More recently, the Firm represented Illinois Power Company with respect to its application to transfer the Clinton Nuclear Power Station operating license to AmerGen Energy Co. LLC. That application was approved by the NRC in just four months from the date of its filing.
- Compliance and Enforcement - The NRC has implemented an extensive inspection program to assure public health and safety. In addition, the NRC has promulgated an Enforcement Policy which scrutinizes the "safety significance" of violations of regulatory requirements and grants latitude to the NRC in the enforcement sanction ultimately selected, including civil penalties. Application of the Enforcement Policy and choice of appropriate sanction, therefore, is highly fact-dependent. Troutman Sanders attorneys are not only knowledgeable about the NRC's Enforcement Policy, but have also represented the industry before the NRC (through the Nuclear Energy Institute) in advocating substantial change to the Enforcement Policy. In addition, Troutman Sanders attorneys have diverse experience in the Policy's application.
- Representative matters include development of Demand for Information responses for individuals and licensees, preparation of responses to Notices of Violations and of requests for mitigation, and planning for advocacy at Enforcement Conferences. On several occasions attorneys have contributed detailed, factual and legal investigations relative to events, allegations and concerns in support of a licensee's position in an enforcement matter.
- Allegations and Employee Relations - Attorneys for the Firm have handled a variety of allegations, concerns and complaints of employees. This representation ranges from factual investigations conducted under the direction of Employee Concerns Programs (ECPs) to challenging allegations of harassment, retaliation and improper discipline. The Firm has conducted independent reviews of several different ECPs for nuclear plant operators. Attorneys of the Firm also represent the Southern Company system in labor arbitrations. Moreover, the Firm has participated in comprehensive supervisor and manager training in these matters. This ongoing, multi-faceted representation facilitates the Firm's knowledge of the licensed facility, its management, licensee practices and work processes. The Firm's investigative results have been reviewed by the NRC and used by the agency for resolution of allegations. In some instances, advice and counsel has permitted management to implement initiatives that address areas of concern, prior to adverse consequence.
- Broad Industry Controversies - At an increasing rate, commercial and licensing issues which are generic to the industry become of interest to the federal and state regulators. Such issues include potential litigation involving workers exposed to low level ionizing radiation, the exclusion of attorneys in interviews conducted by agency investigators, NRC inspections of Employee Concerns Programs, and NRC proposed requirements for a safety-conscious work environment. These issues are understood in detail by Firm attorneys from a factual and legal viewpoint.
Cost Effectiveness & Efficiency
On occasion, the role of outside counsel permits or facilitates the identification of problems, resolution of problems or cost-reduction. Attorneys of Troutman Sanders, fully aware that the client is the business manager, have nevertheless made observations which assist in the cost-effective, successful management of nuclear plants.
The hourly rates of Troutman Sanders' attorneys are very competitive. Detailed information about rates is available upon request.
A Team Approach
Attorneys of the Firm work closely with their clients to determine the specific scope of services needed to address specific technical issues, commercial transactions, or regulatory proceedings. This team approach assures continuity of representation, while minimizing redundant effort and unnecessary expense. Troutman Sanders attorneys recognize the potential impact of their efforts on other aspects of the client's business. For this reason, strategic issues and tactical considerations are discussed prior to initiating specific legal action.