|EGAN & ASSOCIATES, P.C.|
|Counselors at Law|
Egan & Associates, P.C. is a Washington D.C. law practice specializing in nuclear law matters, with offices in Washington, D.C., McLean, Virginia, and Reston, Virginia. The firm has handled some of the highest-profile nuclear matters in the world since its founding in 1994. The firm has numbered between two and seven attorneys, all of whom have had extensive experience in nuclear technology issues, and many of whom are nuclear engineers. Egan & Associates has practiced before the U.S. Nuclear Regulatory Commission, the U.S. Department of Energy, the U.S. Department of State, state and federal courts, and in commercial arbitration. Matters handled have included the full panoply of nuclear substantive issues, including transactions, contracts, permitting, licensing, regulatory approvals, rulemaking, litigation, adjudication, appeals, enforcement matters, legislation, lobbying, pivitization, international matters, design certifications, media relations, and labor issues.
The firm and its affiliates are highly skilled in dealing with controversial legal issues requiring frequent interfaces with the media, the environmental community, the arms control community, public interest groups and state and local governments. Our work has been cited hundreds of times in trade and general media publications and broadcasts. Egan & Associates is the only nuclear law practice in the U.S. that has represented the environmental community as well as the nuclear industry. For example, the firm has represented the Natural Resources Defense Council (NRDC) pro bono on nuclear issues. The firm also has excellent relations with most of the public interest groups that involve themselves in nuclear energy matters, including Greenpeace, Nuclear Control Institute, Taxpayers Against Fraud, Carnegie Endowment for International Peace, and the Union for Concerned Scientists. Mr. Egan has been a technical consultant for Union for Concerned Scientists. Likewise, the firm has worked with (and is a member of) the Nuclear Energy Institute, the American Nuclear Society, and the International Nuclear Law Association. This month in Budapest, Hungary, Mr. Egan was elected United States Director of the International Nuclear Law Association.
The firm has remained small to avoid conflict issues, to competitively price its services, and to allow it to team with some of the best attorneys in the country for a given project, depending on the underlying substantive issue and the location of the client.
Egan & Associates typically serves as the client's "quarterback" on nuclear cases, bringing in other law firms and managing overall rates and services to control costs, ensure superior quality, and establish a fluid team responsive to the client's needs. Since its inception, the firm has lost only one significant nuclear legal matter -- a case representing Italy against the United States which was dismissed in federal court on political question grounds. Egan and Associates has on several occasions managed cases or transactions exceeding a billion dollars in value. One of the firm's cases was successfully settled for $250 million.
Egan & Associates has teamed with the following firms, among others:
Sullivan & Cromwell
Swidler & Berlin
White & Case
Morgan Lewis & Bockius
Arnold & Porter
Spivey & Ainsworth
Morrison & Shelton
Fulbright & Jowarslci
Johnson & Gibbs
Cooper Carvin & Rosenthal
Wiggin & Dana
Strasburger & Price
As discussed below, Egan & Associates proposes a teaming approach for representing Nevada in connection with the Yucca Mountain project.
The principal nuclear attorney proposed for this project is Joseph R. Egan., Mr. Egan, a nuclear engineer, is the owner and Chairman of Egan & Associates, P.C. His resume is attached as Exhibit No. 1.
The firm has the ability to draw upon a number of nuclear attorneys and nuclear regulatory experts on a project-specific basis. Likewise, the firm has worked with most of the credible nuclear and hydrogeologic experts in America. For this project, Egan & Associates proposes also to draw upon the services of a senior nuclear regulatory specialist who has worked for many years as an attorney for the Nuclear Regulatory Commission, and a seasoned nuclear litigation specialist who is also a highly-experienced nuclear licensing engineer. Between the two of them, they have handled over a hundred major NRC regulatory matters, including dozens of formal adjudicatory proceedings. Their resumes will be provided upon request.
Mr. Egan's Experience History With NRC
In addition to the matters covered in his resume, Mr. Egan has extensive experience in dealing with the NRC, both as a nuclear licensing engineer and nuclear reactor engineer, and as a nuclear lawyer who has practiced before NRC in formal and informal adjudicatory matters, rulemakings, enforcement proceedings, transactions, licensing, design certifications, and a plethora of other legal and regulatory issues.
Mr. Egan is extensively familiar with NRC regulations and its rules of practice, particularly in 10 CFR Part 2, Part 50, Part 20, Part 52, and in all radioactive waste areas. Among the matters Mr. Egan has personally handled as an attorney are the following:
Lead nuclear lawyer in the design certification rulemaking proceedings for ABB-Combustion Engineering's System 80+ Advanced Pressurized Water Reactor. Over a five-year period, this matter involved preparation and evaluation of a 21-volume license application, extensive design and quality assurance review, virtually daily interaction with NRC technical staff on technical and legal questions, and frequent Commission appeals. The application was submitted for formal rulemaking hearings under 10 CFR Part 52, and became the first advanced reactor to be licensed (design-certified) by the NRC.
Represented the Nuclear Generation Employees Association (consisting of 400 engineers) in formal intervention proceedings involving the license transfer of FitzPatrick and Indian Point nuclear stations from the Power Authority of New York to Entergy. This was the first successful intervention by an employee group.
Represented PowerGen, PLC (Great Britain) in numerous actual and proposed license transfers and acquisitions of nuclear generating assets in the United States. Secured major concessions from NRC under the foreign ownership provisions of the Atomic Energy Act.
Secured authorization from NRC for Waste Control Specialists, LLC (Andrews, Texas), to dispose of "exempt" radioactive waste under existing Agreement State licensing authority.
Secured NRC authorization for American Nuclear Corporation to dispose of Naturally Occurring Radioactive Waste in an Atomic Energy Act Section 11(e)(2) radioactive waste disposal site in Wyoming.
Secured NRC/Agreement State authority for Waste Control Specialists to dispose of transuranic-contaminated waste at its site in Andrews, Texas.
Represented NRDC in rulemaking petitions and Section 2.206 proceedings challenging storage of high-level radioactive waste in tanks at the Energy Department's Savannah River Site.
Represented Hoffman LaRoche, Inc. in the successful NRC decommissioning approval of the Cintichem nuclear power plant in Tuxedo, New York.
Represented as many as 14 non-operating owners of nuclear power plants in NRC enforcement proceedings and management reviews involving their co-owning operators. Succeeded in deposing (upon application to the Commission) several NRC officials in connection with litigation involving disputes between co-owning nuclear utilities.
Coordinated preparation of the license application for Waste Control Specialists' Part 60 application for low-level and mixed radioactive waste disposal at its site in Andrews Texas. Worked extensively with hydrogeologists, geologists, archeologists, nuclear engineers, and civil engineers in the design of the site and preparation of the 12-volume license application.
Mr. Egan's Experience History in Energy Department Matters
Mr. Egan has extensive experience at Energy Department (DOE) legal matters and is intimately familiar with the workings and facilities of that department. He has successfully litigated both for and against DOE, and has handled permits and authorizations under 10 CFR Part 810 (for foreign technology transfers), contract matters under bilateral agreements for cooperation, National Environmental Policy Act (NEPA) reviews and environmental impact statements and assessments, procurement matters, bid protests, radioactive waste authorizations, and a wide variety of nuclear policy issues involving DOE and, particularly, spent nuclear fuel disposition.
Among the matters handled by Mr. Egan were the following:
Secured DOE authorization, in a technology-for-waste swap, to move all spent nuclear fuel elements from the decommissioned Cintichem reactor in New York to DOE's Savannah River Site. This was the last time DOE has received domestic spent nuclear fuel from any U.S. reactor.
Assisted DOE Deputy Secretary Henson Moore in efforts to forestall, through environmental litigation, closure of the Shoreham nuclear reactor on Long Island, New York.
Represented 18 foreign research reactors and their national governments in their efforts to compel receipt by DOE of 22,700 highly-enriched, weapons-grade spent nuclear fuel elements of U.S. origin. Twice intervened on behalf of these reactors in favor of DOE and the State Department in federal litigation brought by the Governor of South Carolina to block the receipt by Savannah River Site of the foreign elements. Twice succeeded in the Fourth Circuit Court of Appeals in securing legal authorization for the transfers. Managed all contract and transport matters for over 20 reactor operators and their governments. Interfaced extensively with the arms control and environmental communities, and the Pentagon, in DOE's NEPA evaluation and technical assessments of the program and Savannah River facilities.
Represented Waste Control Specialists in federal litigation against DOE challenging Envirocare of Utah's monopoly over disposal of DOE low-level and mixed radioactive wastes. Sponsored numerous technical experts evaluating the DOE complex, and deposed numerous DOE officials, including the General Counsel and DOE's Assistant Secretary of Environmental Management. Prepared a 5000-page technical application for DOE authorization for Waste Control Specialists to dispose of DOE radioactive wastes without a Nuclear Regulatory Commission license. Prepared an application for the company to store DOE transuranic contaminated wastes pending ultimate disposition in the Waste Isolation Pilot Project (WIPP).
Represented the government of Italy in federal litigation seeking to compel DOE to receive 66 spent experimental nuclear fuel elements stored in Italy in a breach of contract action.
Currently represent NRDC and several whistleblowers in a $1 billion False Claims Act case against Lockheed Martin for mismanagement and environmental contamination of DOE's Paducah Gaseous Diffusion Plant in Paducah, Kentucky. Case has involved extensive hydrogeologic studies of illegal disposal of radioactive, hazardous, and toxic wastes.
Currently represent the class of 10,000 former workers at the Paducah Gaseous Diffusion Plant in a $10 billion radiation tort and products liability case against Union Carbide, Lockheed Martin, and General Electric Company for egregious health physics violations involving workers at this DOE facility.
Represent a large subclass of shareholders suing the United States Enrichment Corporation for securities fraud in connection with the privitization of DOE's uranium enrichment enterprise.
Secured rare Part 810 authorization from DOE for ABB-Combustion Engineering and Stone & Webster Corporation to transfer advanced nuclear power plant technology to China.