Donald J. Silverman

Partner

Donald J. Silverman is a partner in Morgan Lewis's Energy Practice. Mr. Silverman represents utilities, fuel cycle companies, and industrial and medical materials licensees before the Nuclear Regulatory Commission (NRC), as well as in related proceedings in other agencies and the federal courts. He also represents Department of Energy (DOE) contractors on various matters including "external" NRC regulation of DOE facilities and DOE's Price-Anderson Amendments Act (PAAA) nuclear safety regulations.

Mr. Silverman represented the United States Enrichment Corporation (USEC) in connection with the NRC certification of the gaseous diffusion uranium enrichment plants and transfer of regulatory control from the Department of Energy to the NRC, as well as in connection with the licensing of the American Centrifuge Plant. He also assisted Duke Cogema Stone & Webster (DCS) in its successful effort to obtain a Construction Authorization for the Mixed Oxide Fuel Fabrication Facility (MFFF) and is now advising Shaw AREVA MOX Services, LLC in its effort to obtain a license to operate the MFFF.

Mr. Silverman also advises GE - Hitachi Global Laser Enrichment on its application to the NRC for its laser-based uranium enrichment facility.

He served as lead hearing counsel to DOE in the Yucca Mountain spent nuclear fuel and high-level waste repository licensing proceeding before the NRC. While Morgan Lewis still is counsel to DOE, we are not representing DOE in its effort to withdraw its NRC license application.

Mr. Silverman also routinely advises DOE contractors on PAAA compliance, reporting and enforcement matters.

Mr. Silverman represents fuel cycle facilities on fuel cycle licensing and regulatory matters. This includes advice on Part 70 special nuclear material licensing and regulatory requirements, as well as on the NRC's regulations on residual contamination criteria for decommissioning of licensed facilities. In addition, Mr. Silverman represents and advises both industrial and medical materials licensees on the full range of licensing and enforcement issues.

Mr. Silverman's experience in the area of radioactive and mixed waste management includes his representation of a national industry organization devoted to nuclear waste issues. As counsel to that group, he actively participated in the development and passage of the 1985 Low-Level Radioactive Waste Policy Amendments Act. He provided legal counsel on a broad range of issues associated with the regulation of radioactive waste storage, treatment, and disposal to utilities and materials licensees. Mr. Silverman represented a group of amicus curiae utility and non-utility low-level waste generators in litigation in federal district court, the Second Circuit Court of Appeals and the Supreme Court involving the constitutionality of the 1985 Low-Level Radioactive Waste Policy Amendments Act.

He has given numerous speeches at conferences sponsored by the Department of Energy, the Electric Power Research Institute, and others on regulatory requirements related to low-level and mixed waste issues, decommissioning, as well as NRC regulation of DOE facilities.

Before joining the firm in 1994, Mr. Silverman was a shareholder at Newman, Bouknight & Edgar.

Mr. Silverman is admitted to practice in the District of Columbia.