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Power Plant Projects

Our representative power plant experience includes:

Nuclear Power

  • counsel to Westinghouse Electric Company LLC in connection with disputes between WEC and its consortium partner arising from the engineering, design and construction of four WEC AP 1000 nuclear power plants in the southeastern United States, two at Plant Vogtle in Waynesboro, Georgia and two at the Virgil C. Summer Nuclear Generating Station in Jenkinsville, South Carolina
  • represented Southern California Edison in defense of claims by its demolition contractor on certain demolition and disposal work at a decommissioned nuclear power facility in California
  • arbitration counsel to the principal electric utility in the Czech Republic, advising on the acceptability of, and risks relating to, a proposed draft agreement with a major U.S. supplier of an instrumentation and control system for a nuclear power plant; this was the first instance of an attempted interface of modern western nuclear technology with former Soviet Union power plant construction.
  • counsel to a major U.S. oil company in all phases of planning, constructing and operating a large nuclear fuel reprocessing facility. We consulted on legal and regulatory aspects of plant design, drafted conceptual financial plans, drafted preliminary documents involving procurement of key plant components, etc.
  • counsel to two major U.S. electric utilities in sales of interests in three operating units in partially completed nuclear power facilities to consortia of municipal and cooperative utilities, which were the first such sales of this type.

Solar

  • counsel to SunPower Corporation in an international arbitration arising from the construction of a 68-megawatt merchant solar power plant in the Atacama Desert in north-central Chile
  • counsel to an EPC contractor on matters related to the design and construction of a $100 million solar project in the Mojave Desert
  • construction counsel to SunPower Corporation in connection with the engineering, procurement and construction of several domestic and international solar power generating facilities
  • arbitration counsel to an EPC contractor on disputes arising from construction of a large solar power plant in Chile.

Hydroelectric

  • counsel to a constructor of a 531-megawatt run of the river hydroelectric project in the Andes Mountains southeast of Santiago, Chile, which includes approximately 45 kilometers of tunneling in the Chilean Andes
  • construction counsel to Oglethorpe Power in connection with certain capital projects at its Rocky Mountain hydroelectric plant.

Coal

  • litigation counsel to an EPC contractor in various delay, disruption, defect and liquidated damage claims totaling $134 million arising out of the design and construction of two flue gas desulfurization retrofit projects at coal-fired power generation facilities in Pennsylvania
  • arbitration counsel to an EPC contractor in various multi-million dollar disputes with the project owner, subcontractors and vendors arising out of the design and construction of a new multi-billion dollar power plant in Wisconsin
  • arbitration and litigation counsel to Aker Kvaerner Songer, Inc. in a series of cases arising from engineering, procurement and construction of Council Bluffs Energy Center Unit 4, a 790-megawatt supercritical coal-fired electric generating facility in Council Bluffs, Iowa
  • prudency counsel to Kansas City Power & Light with respect to a series of rate cases in Kansas and Missouri arising from the construction of latan 2, an 850-megawatt supercritical coal-fire power-generating facility in Iatan, Missouri
  • counsel to Marsulex Environmental Technologies Inc., the EPC contractor, in connection with disputes arising on flue-gas desulfurization system upgrades at three coal-fired power plants in Utah
  • U.S. construction counsel to Marsulex Environmental Technologies Inc., the EPC contractor, in connection with tenders on the flue-gas desulfurization system upgrades in Chile
  • litigation counsel to a subcontractor in claims totaling approximately $140 million arising out of the design and construction of a flue-gas desulfurization system and associated wastewater treatment system at three coal-fired power generation facilities in Maryland
  • litigation counsel to a consortium for claims totaling approximately $12 million arising out of the design and construction of an emissions control system that utilizes limestone slurry made from treated municipal water in order to reduce nitrogen oxides, sulfur dioxide and mercury in the flue-gas at a coal-fired power plant in Maryland
  • counsel to an EPC Contractor in a project close-out dispute involving competing change orders, backcharges and liquidated damage claims arising out of an RO system and demineralization equipment installed at a coal-fired power plant in Indiana
  • counsel to a major utility company in a dispute between the architect/engineer and the suppliers of the turbine, the boiler, and the condenser and pumps for cost overruns on an 80-megawatt coal fired unit.

Combined Cycle

  • construction counsel to Oglethorpe Power in connection with a multibillion-dollar procurement and construction program for a series of biomass and gas-fired power generating facilities
  • litigation counsel to Aker Kvaerner Songer, Inc. in two cases arising from the construction of the 580-megawatt combined-cycle Ontelaunee Energy Center near Reading, Pennsylvania
  • litigation counsel to an EPC contractor in various multi-million dollar disputes with subcontractors concerning the quality of their work and entitlement to payment on 309-megawatt combined cycle power plant in Delaware
  • counsel to the contractor on matters related to the construction of a new $1.2 billion 900-megawatt combined cycle gas-fueled power generation station located in Ontario, Canada
  • litigation counsel to a design-build contractor in a series of claims for delay, extra work, constructive acceleration, and unpaid invoices, arising out of a process water treatment system constructed at a combined cycle power plant in Texas.

Natural Gal/Oil

  • counsel to an EPC contractor for a 1000-megawatt gas-fueled power generation facility constructed on the site of a former coal-fired power plant in Pennsylvania
  • counsel to an EPC contractor on matters related to the design and construction of a $600 million natural gas-fueled plant in Pennsylvania
  • litigation counsel to the owner of a 66 net megawatt oil-fired power plant in Jamaica in a series of disputes associated with the construction of the plant
  • counsel to a power marketer in the development of two 100-megawatt gas-fired peaking plants in the Pacific Northwest
  • counsel to a diversified energy company in the development of a 500-megawatt coal-fired plant in the Midwest.

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