International
Nuclear Energy Projects
Pillsbury Winthrop Shaw Pittman LLP | pillsburylaw.com
. “One of the finest nuclear practices
in the USA and internationally.”—Chambers
2 | Pillsbury Winthrop Shaw Pittman LLP
. International Nuclear Energy
A Leading Global Nuclear Practice
Pillsbury fields a premier nuclear energy team, with the knowledge, industry perspective
and global outlook to help clients take full advantage of opportunities in the burgeoning
international nuclear energy market. The team is composed of recognized leaders in
nuclear project strategy with a unique set of integrated credentials that combine legal,
political, technical, commercial and financial experience in the international nuclear
industry. This critical skillset allows us to develop a big picture strategy for our clients,
including the ability to address key aspects of project structure and risk allocation.
Our team’s lawyers collectively average more than 30 years of experience in the nuclear
arena, and include:
• Lawyers with technical backgrounds, including advanced scientific and technical degrees in nuclear,
electrical and mechanical engineering, physics and experience in nuclear facility operation
• Industry insiders experienced in every stage of the nuclear facility life cycle—design, licensing,
construction, commissioning, operation, maintenance, waste management and decommissioning
• Business leaders in the nuclear industry, including a former president of an international nuclear fuel
trading company
50 Years of Firsts
Our 50-year track record is full of firsts, including:
• The first practice devoted to nuclear energy issues
• Representation of the world’s first nuclear power plant project
implemented on BOO (build-own-operate) principles
• Leading advisor on first major nuclear complex in the Gulf
• First buyer representation in a nuclear plant acquisition
• First nuclear plant to obtain license renewal
• First new nuclear plant in the U.S. at a greenfield site
• First law firm to provide advice in the development of
commercial fusion power
Reflecting the global nature of the nuclear industry, more than half
of our work is international, representing governments, nuclear
owners and developers on major nuclear procurements, and
working with inbound clients on investments and regulatory
requirements in the U.S.
nuclear energy market.
Our Geographic Network
Pillsbury’s Nuclear Energy practice is supported by
the firm’s global offices, including key locations in:
• Shanghai
• Beijing
• London
• Tokyo
• New York City
• San Francisco
• Washington, DC
• Houston
• Abu Dhabi
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. Energy
Global Commercial Nuclear Transactions
Pillsbury represents global business clients and
governments in complex transactions such as:
• Government procurement
• Joint ventures and multiparty agreements
• Joint ownership agreements for generation and
transmission facilities
• Development and construction of independent
power projects
Our transactional services extend to every phase of a
new nuclear power project, negotiating highly
technical issues such as warranty, future
performance and operational standards. We draft,
review and negotiate:
• EPC agreements
• Long-lead equipment agreements
• Operating agreements
• Contracts with architect-engineers and other
suppliers
Pillsbury Advises on World’s
Largest Nuclear Deal
Pillsbury client Emirates Nuclear Energy Corporation
(ENEC) is constructing the first civil nuclear power
complex in the United Arab Emirates. ENEC’s $20 billion
contract with the Korea Electric Power Corporation to
design, build and help operate four 1,400 MW nuclear
reactors is the largest nuclear power contract ever
announced. Pillsbury’s team represented ENEC from its
inception through nearly every aspect of the Middle
East’s first peaceful nuclear power program.
Pillsbury
acted as the organization’s general counsel during the
project development period, leading the negotiations of
the historic Engineering, Procurement and Construction
(EPC) contract, and advising on all aspects of the
project’s implementation.
With meetings and negotiations around the world, ENEC
required 24-hour service from Pillsbury—and the firm
was well positioned to respond, given its global footprint,
cross-functional teamwork and advisory capabilities on all
aspects of the deal, including contracting, regulatory,
finance, real estate, employment, corporate, international
trade, insurance, intellectual property and public policy.
• Shared employee arrangements
• Uranium conversion, enrichment and fuel
fabrication contracts
Clients rely on Pillsbury’s team to help negotiate
procurement and technical services contracts for
operating units, including replacement of large
components such as steam generators and turbines.
We also help clients with their claims under nuclear
contracts, national and international arbitration, and
litigation of complex technical disputes.
Pillsbury “houses an impressively broad energy practice, and
is a national and global leader in the nuclear area in particular.
The jewel in the firm’s crown is its nuclear transactional practice.”
—Chambers
4 | Pillsbury Winthrop Shaw Pittman LLP
. International Nuclear Energy
Nuclear Facility Financing
A critical piece to any nuclear energy project is
securing financing. Pillsbury relies on the strength of
its global finance practice and on the industry knowhow of its nuclear practice in advising clients on
options and strategies for nuclear facility financing.
This experience helps us anticipate issues and pitfalls,
structure each transaction to ensure the availability of
financing, and often allows us to achieve novel
financing strategies for our clients. Our experience
includes:
• Providing strategic advice to project owners and
developers in structuring nuclear power plant projects
to maximize attractiveness to financiers and investors
• Representing large international investment banks in
global energy projects, and bringing that experience
to bear as we advise our clients on financing issues
• Advising utility clients on securing diverse sources
of financing for their projects, including obtaining
government guarantees and investment loans from
export credit agencies
• Advising on investment in new U.S. nuclear projects
by foreign investors and other utilities, municipalities
and cooperatives
• Advising small modular reactor (SMR) developers in
seeking and obtaining private and public financing for
SMR projects
• Preparation of U.S.
Department of Energy (DOE) loan
guarantee applications under the Energy Policy Act of
2005, with strategic advice and client representation
before the DOE on loan guarantee matters, and
cooperative agreements with DOE for funding of new
nuclear projects
Advising Governments on Existing and Nascent
Nuclear Programs
Pillsbury regularly advises governments and governmentowned nuclear utilities on commercial and regulatory
matters. We provide support to governments around the
world in the development and implementation of nascent
civil nuclear power programs. The team:
• Conducts studies on the feasibility of commercial
nuclear power in non-nuclear states
Advancing Nuclear
Power in Turkey
Pillsbury is serving as the international legal advisor for
the 4,800 MW Akkuyu Nuclear Power Plant (NPP)
project in Turkey, the world’s first NPP project
implemented on build-own-operate principles.
Pillsbury’s
client, Akkuyu NPP JSC, is developing the project
pursuant to an intergovernmental agreement between
the Russian and Turkish governments, with support from
the Government of the Russian Federation. The Akkuyu
NPP project, sited in the Mersin province on Turkey’s
Mediterranean coast, is the first NPP to be constructed
in Turkey and consists of four VVER-1200 reactors.
The Pillsbury team is providing legal advice on all phases
involving the structuring and financing of the Akkuyu
NPP project, including the drafting and negotiation of key
project agreements, support in attracting, securing and
closing financing for the project, strategic advice and risk
assessment, and international nuclear law and nuclear
liability analysis.
• Reviews existing legislation or drafts new nuclear
measures
• Develops nuclear liability and insurance regimes
• Establishes charters, policies and procedures for new
nuclear organizations
• Drafts and negotiates Engineering, Procurement and
Construction (EPC) agreements for new nuclear units
• Establishes long-term nuclear fuel procurement
s
trategies and negotiates nuclear fuel contracts
• Establishes strategies for decommissioning and
d
isposing of nuclear waste
• Analyzes and advises on entering into and complying
with international nuclear safety, security and
safeguard agreements
• Advises on compliance with international nuclear
export control obligations
• Establishes practices to control sensitive nuclear
information, including safeguards and cybersecurity
protocols
• Establishes practices for safety-conscious work
environments
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. Energy
Overcoming Nuclear Trade Barriers
We have a cutting-edge practice in paving the legal and
regulatory path for clients to take full advantage of
opportunities in the global nuclear market. Our nuclear
trade practice ranges from advising governments and
stakeholders in negotiation and implementation of
bilateral agreements for nuclear cooperation to advising
key nuclear industry players on compliance with multijurisdictional regimes that govern the international supply
of components, services and fuel for nuclear facilities.
We bring to bear unmatched experience in representing
every sector of the nuclear industry on nuclear trade
matters, excellent relationships with regulatory agencies
and innovative strategies to every representation in this
field. Our experience includes:
• Advising governments, government-owned utilities,
Nuclear Energy Programme Implementing Organizations
(NEPIOs) and industry stakeholders with respect to
the implementation of bilateral nuclear cooperation
agreements with supplier states
• Advising developers, owners, operators, vendors,
constructors, architect-engineers, fuel supply
organizations and industry consultants on multiagency
and multi-jurisdictional nuclear export control issues,
including developing nuclear export control programs,
drafting and negotiating export control provisions, and
securing multi-government export permits
• Advising a number of governments in negotiating
bilateral nuclear cooperation agreements under Section
123 of the Atomic Energy Act (“123 Agreements”) with
the U.S. government and providing strategic advice with
respect to the impact of these agreements on nascent
nuclear power programs
Nuclear Industry
Thought Leadership
Pillsbury partners with the Nuclear Energy Institute (NEI) to create an annual seminar focused on
international nuclear trade and investment.
Now entering its sixth year, this landmark event attracts
more than 100 attendees from around the world to join Pillsbury and NEI for a day of learning and
idea exchange regarding current industry trends.
The one-day seminar has become a destination event in the nuclear energy industry. The scope of the
seminar ranges from nuclear export controls and nuclear liability to regulatory issues associated with
investments and cross-border transactions, such as foreign investment controls and anticorruption
regulation and enforcement, and nuclear financing issues. Speakers each year include key
representatives from U.S.
government agencies, international agencies and the nuclear industry.
6 | Pillsbury Winthrop Shaw Pittman LLP
. International Nuclear Energy
Our Clients—The Faces of a Global Industry
Our clients stretch across the spectrum of nuclear producers and users, and include electric, gas and mining
companies; financial institutions; governments; owners and operators of nuclear waste facilities; and service providers
and vendors. A cross-section of representative clients for our international Nuclear Energy practice is listed below.
• Akkuyu Nuclear
• Rolls-Royce
• AKME-engineering JSC
• Shaw AREVA MOX Services LLC
• AREVA NC Inc./Cogema Mining
• Sumitomo Corp.
• Babcock & Wilcox Corp.
• Taiwan Power Company
• Battelle Memorial Institute
• TENAM Corp.
• Bechtel Corp.
• Zachry Corp.
• Burns and Roe
• CB&I
• Dominion (Dominion Energy, Virginia Power)
• Duke Energy Corp.
• Electric Power Research Institute (EPRI)
• Emerson Electric Co.
• Emirates Nuclear Energy Corp. (ENEC)
Awards & Recognition
Six Pillsbury Nuclear Energy practice partners
were named to 2013 Chambers Global’s
“Leaders in their Field” list
• Engine Systems Inc.
• Entergy Corp.
• Exelon Generation Company
Ranked in Tier 1 of energy law firms
(Best Lawyers/U.S. News & World Report)
• GE-Hitachi Nuclear Energy Americas LLC
• Government of the Republic of Korea
• ITOCHU Corp.
• KEPCO NF
• King Abdullah City for Atomic and Renewable Energy
(K.A.CARE)
Ranked among the leading nuclear law firms
(Chambers Global and Chambers USA)
Silver Award for Energy at the International
Legal Alliance Summit & Awards in Paris
• Marubeni Corp.
• Mitsubishi Heavy Industries Ltd.
and Mitsubishi
Nuclear Energy Systems Inc.
UK Energy and Infrastructure Team of the Year
finalist (The Lawyer Awards, London)
• Mitsui Corp.
• NAC Kazatomprom JSC
• NextEra Energy Resources; Florida Power & Light
“Energy Law Firm of the Year” for the United
Arab Emirates (Asian-Counsel)
• Nuclear Energy Institute (NEI)
• NUKEM Inc.
• POWER Engineers Inc.
• Progress Energy
Received four “Chevron Law Firm Diversity
Recognition Awards” for our commitment to
diversity and the results we have achieved
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. Energy
The Global
Reach of Pillsbury’s
Nuclear Energy Practice
Canada
Advise a Canadian entity regarding privatization of nuclear power plants
Advise a Canadian utility with respect to transactions with equipment
suppliers
United States
Responsible for the initial licensing of 50+ nuclear power plants and 33
license renewals
Represented either buyer or seller in transactions for full or partial ownership
in 14 nuclear plants
Represent 50 percent of new nuclear plant licensing proceedings today
Played a leading role in helping the U.S. nuclear industry establish a nuclear
waste management program and is now at the forefront of efforts to enforce
U.S. DOE’s compliance with the Nuclear Waste Policy Act
Regularly counsel clients on compliance with U.S. export controls on
nuclear-sensitive scientific and technical equipment, materials and technology
Brazil
Represent a Brazilian public utility in an international arbitration proceeding
involving the steam generators and electric generator of a nuclear plant
Argentina
Advise nuclear equipment manufacturers with respect to nuclear liability
protections and contractual indemnities in Argentina
European Union
Advise several European utilities regarding nuclear plant transactions,
contracting and regulatory issues
8 | Pillsbury Winthrop Shaw Pittman LLP
United Kingdom
Advise an international investor on the regulatory regime of the United
Kingdom, including a detailed review of the process for obtaining a Generic
Design Certification and a Nuclear Site License for the construction of new
nuclear power plants in the UK
Advise an international reactor vendor on the nuclear licensing process of the
United Kingdom’s Office for Nuclear Regulation and compliance with European
Union reactor design and safety standards
Advise UK investment banks and trading companies on uranium trading
transactions and nuclear liability issues
Germany
Represent a nuclear power plant operator in a dispute over uranium before the
courts of first, second and third instance in Germany
Russia
Advise a Russian reactor vendor with respect to legal and regulatory
considerations in commercializing the vendor’s reactor outside of Russia
Represent a nuclear fuel venture in the first sole-source purchase of
Russian-enriched uranium
Advise a Russian nuclear fuel and nuclear fuel cycle technology company in
the expansion of its activities in the U.S.
Advise a leading Russian nuclear research and development institution with
respect to research and development agreements
.
International Nuclear Energy
Japan
Advise major sogo shosha (Japanese trading companies) with respect to
transactions involving the purchase, sale and transportation of nuclear fuel
products
Advise a major Japanese reactor vendor with respect to reactor licensing and
nuclear trade matters
Kazakhstan
Represent a nuclear holding company in Kazakhstan in expansion of its
activities in the U.S.
Represent nuclear fuel traders with respect to uranium transactions in
Kazakhstan
Turkey
Advise on all phases of structuring and financing of the 4,800 MW Akkuyu
Nuclear Power Plant project in Turkey.
United Arab Emirates
Represent Emirates Nuclear Energy Corporation in all aspects of its
development of an ambitious nuclear program, and the negotiation of a $20
billion contract for four nuclear units
Saudi Arabia
Advise an NEPIO with respect to the development of the Saudi Arabian
civilian nuclear power program
South Africa
Represent a South African nuclear technology company with respect to the
commercialization of its technology
Represent a nuclear fuel venture in obtaining fuel for the first South African
nuclear plant
Advise a Japanese utility with respect to research and development
agreements
Represent a Japanese reactor vendor and nuclear fuel manufacturer in a fuel
fabrication joint venture
Advise Japanese investors with respect to risk assessments of investing in
nuclear power facilities
Advise Japanese stakeholders with respect to the U.S.-Japan 123 Agreement
Republic of Korea
Advise the Government of the Republic of Korea with respect to the
negotiation of a 123 Agreement with the U.S.
Southeast Asia
Develop for the government-owned utility of a Southeast Asian country a legal
and regulatory roadmap for the development of nuclear power
Philippines
Represent the Republic of the Philippines in major litigation and arbitration
proceedings against a U.S. supplier regarding deficiencies in design and
construction of a nuclear power plant
Australia
Represent the Australian Nuclear Science and Technology Organisation with
respect to the international packaging and transportation of spent nuclear fuel
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. Energy
The Faces of Nuclear
Energy at Pillsbury
Learn More
To learn more about our Nuclear Energy practice, please visit
pillsburylaw.com/nuclear-energy or contact one of our team leaders:
Charles H. Peterson
International Nuclear Projects
Silicon Valley: +1.650.233.4883
Abu Dhabi: +971.2.596.8900
Washington, DC: +1.202.663.8083
charles.peterson@pillsburylaw.com
10 | Pillsbury Winthrop Shaw Pittman LLP
David R. Lewis
Leader, Energy Practice
Washington, DC: +1.202.663.8474
david.lewis@pillsburylaw.com
. International Nuclear Energy
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. ATTORNEY ADVERTISING. Results depend on a number of factors unique to each matter. Prior results do not guarantee a similar outcome.
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