TRANSACTIONAL WORK

Egan, Fitzpatrick & Malsch has represented clients in the full panoply of procurements, negotiations, contracts, transactions and license transfers involved in the nuclear and energy fields for a variety of U.S. and foreign clients. The firm has represented nuclear utilities before NRC and state utility commissions on restructuring issues, including spin-offs, swap-outs, establishment of operating companies, incentive regulation, outsourcing, mergers and acquisitions, labor relations, and foreign transactions.

Outsourcing

The firm has long served as nuclear counsel for EDS, Inc. in numerous outsourcing transactions with nuclear utilities, and has assisted EDS in development of a model contract for such transactions, including the outsourcing of operations of highly sensitive nuclear process control equipment.

Power Plant Assets, Equipment and Services

Mr. Egan drafted the RFP for Taiwan Power Company in its procurement of Architect-Engineer services for its new 2400-megawatt nuclear station, the first time any such procurement has ever been conducted at a fixed price.

Mr. Egan also drafted and negotiated contracts for Duquesne Light Company’s purchase of new steam generators from Framatome in that vendor’s first such sale in the U.S.

Working with Sullivan and Cromwell in New York, Egan, Fitzpatrick & Malsch has advised British generator PowerGen on its actual and proposed purchases of nuclear generating assets in the United States.

DOE Transactions

Egan, Fitzpatrick & Malsch has represented numerous clients in contract negotiations with DOE concerning, among other things, the transfer of spent nuclear fuel, the transfer of technology, and the procurement of services.

Bulk Power Agreements

Mr. Egan assisted the United Kingdom Area Boards in development of the first model bulk power agreement governing Britain’s newly privatized electric generating system.

Mr. Egan has also drafted several model agreements for use by the Edison Electric Institute in utility transactions with nuclear power stations.

In addition, as the regulation of public utilities in recent years has moved toward a more competitive structure and then back to more traditional regulatory approaches, the firm/s attorneys have been called upon to play significant roles in utility ratemaking and related proceedings when unique, cutting-edge issues, often raising constitutional question, have arisen. The following are some examples of this experience.