Nuclear Energy and Radioactive Materials

As the world grapples with competing demands to decarbonize while also providing the energy needed to lift billions of people out of poverty and power transformative technologies such as artificial intelligence (AI), governments and industry alike are increasingly turning to nuclear energy as a centerpiece of our energy future.

Holland & Knight's Nuclear Energy and Radioactive Materials Team combines its deep technical knowledge of nuclear technology and the law with on-the-ground experience working at nuclear power plants to assist clients in bringing nuclear technology to life. Our attorneys provide regulatory, transactional and litigation support to members of the entire nuclear industry, from uranium mining to decommissioning and disposal and everything in between. With the support of the firm's market-leading practices in project development, project finance (including U.S. Department of Energy (DOE) loan financing), tax, environmental, real estate, federal energy policy and even outer space regulation and policy, our team is ready to assist in meeting the nuclear industry's legal and policy needs.

Regulatory Compliance

Holland & Knight's Nuclear Energy Team has represented clients across the entire nuclear supply chain before the Nuclear Regulatory Commission (NRC), Federal Energy Regulatory Commission (FERC) and state utility regulators, DOE and other relevant regulators. Our experience includes:

• representing multiple clients in obtaining NRC approval to transfer licenses prior to direct or indirect changes in control
• advising nuclear component vendors and nuclear power plant developers on the Price-Anderson Act and international nuclear liability regimes
• advising multiple clients on NRC and DOE nuclear export controls for intellectual property (IP) and technology exports and obtaining export licenses
• advising a uranium mining company on National Environmental Policy Act (NEPA) processes
• advising an investor in an advanced reactor startup company on regulatory timelines and development processes
• advising a minority owner of a commercial reactor on issues related to disposition of its decommissioning fund following financial insolvency of the majority owner
• representing state public power authorities in the privatization of two nuclear power stations totaling 1,825 megawatts (MW) and development of new peaker turbine facilities
• advising international investors in acquisition or divestiture transactions involving conventional, nuclear and renewable power generation facilities across the U.S., including leading on due diligence, FERC and state regulatory approvals, and deal document negotiations

Litigation and Regulatory Enforcement

Holland & Knight's seasoned litigators have represented companies in the nuclear industry in civil disputes and criminal inquiries. Our lawyers also work with our regulatory compliance team on NRC enforcement actions and related hearings. Our experience includes:

• representing a vendor of nuclear power plant testing services in a U.S. Department of Justice (DOJ) investigation for alleged violation of nuclear safety and deliberate misconduct rules and representing the same company in a related NRC enforcement action and mediation
• defending multiple clients in enforcement actions for failure to obtain NRC consent prior to changes in control
• representing a multinational company in self-disclosure to the NRC for failure to report certain isotope exports
• representing a uranium mining company in litigation related to a mine's permits

Transactional

Holland & Knight's Nuclear Energy Team includes lawyers with extensive experience in energy transactions, including project development, financing, mergers and acquisitions (M&A), power purchase agreements and other commercial needs. Our team understands the unique needs of the nuclear industry and works closely with our regulatory team to help ensure compliance. Our experience includes:

• representing an American nuclear power company in its acquisition of civil nuclear business from a British multinational aerospace and defense company
• advising a utility client on the purchase and resale of two nuclear power plants totaling 2,000 MW
• advising on financing of loan guarantees of $3.46 billion, $3.05 billion and $1.79 billion to three project owners of the Alvin W. Vogtle Electric Generating Plant in Burke County, Georgia, consisting of two Westinghouse AP1000 nuclear reactors producing approximately 2,214 MW
• advising a major foreign nuclear power industry company in connection with the restructuring of its U.S. operations and corporate structure in connection with an M&A transaction
• representing a generator and major nuclear power plant participant in a bankruptcy proceeding involving the Cajun Electric Power Cooperative
• advising international investors in acquisition or divestiture transactions involving conventional, nuclear and renewable power generation facilities across the U.S., including leading on due diligence, FERC and state regulatory approvals, and deal document negotiations
• representing a U.S. hedge fund evaluating renewable and next-generation energy projects, including clean hydrogen and emerging nuclear fusion technologies

Tax

Holland & Knight's Tax Practice is a leader in advising on nuclear tax credits, including Inflation Reduction Act (IRA) credits and nuclear decommissioning trusts, and can also advise on any other tax needs, such as advocating for legislative and regulatory changes and tax controversy matters. Additional information is available in Holland & Knight's IRA Tax Resource Library. Our experience includes:

• serving as lead counsel to a Fortune 500 company seeking more than $75 million in tax refunds pursuant to Internal Revenue Code (IRC) Section 172(f) related to nuclear waste disposal fees and assisting outside counsel when the case was appealed to the U.S. Court of Appeals for the Eleventh Circuit
• representing taxpayers before the IRS and U.S. Department of the Treasury to obtain guidance under the IRA for tax credits including IRC Sections 45U, 45Y and 48E
• representing a buyer of nuclear plants in tax compliance, including qualified nuclear decommissioning trusts under IRC Section 468A
• obtaining relief from the IRS regarding late-filed regulatory elections made with respect to qualified nuclear decommissioning trusts under IRC Section 468A totaling more than $3 billion
• representing taxpayers before the IRS to obtain updated schedule of ruling amounts under IRC Section 468A
• assisting taxpayers in obtaining relevant wage determinations for nuclear plants from the U.S. Department of Labor required for tax credit compliance under the IRA

Outer Space

The complex legal and technical issues facing nuclear satellite and space technology companies require lawyers with in-depth knowledge and experience across a broad range of areas. Holland & Knight's Satellite and Space Technology Team provides a full suite of legal, regulatory and legislative services to entrepreneurs, startup companies and global industry players.

With attorneys strategically located in Washington, D.C., Florida, Colorado, Texas, California and other key markets in the U.S. and around the globe, we provide seamless service to help our clients develop and deploy new nuclear innovations and projects within the global satellite communications and space technology field.