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Scott D. Clausen

Associate

scott.clausen@morganlewis.com

Washington, DC Phone +1.202.739.5402 Fax +1.202.739.3001

1111 Pennsylvania Ave. NW//Washington, DC 20004-2541//United States

Scott D. Clausen represents and advises clients in litigation, transactional, and regulatory matters before the US Nuclear Regulatory Commission (NRC), Department of Labor (DOL), and other state and federal agencies. Scott regularly counsels  clients on whistleblower claims and investigations by the NRC’s Office of Investigations (OI), and issues associated with obtaining, amending, renewing, transferring, and terminating licenses for nuclear reactors and materials. He also advises utilities on state regulatory matters and counsels companies that are developing and deploying low or zero carbon technologies as part of their sustainability and decarbonization strategies.

Scott advises clients on NRC and agreement state license issues, including nuclear reactor, source material, and byproduct material licensees. He also advises licensees on license transfers, amendments, decommissioning, and termination. He has helped nuclear reactor, source material, and byproduct material licensees navigate the decommissioning and license termination process including sites that are on the National Priorities List (Superfund).

Scott represents clients before the NRC, DOL, and Department of Energy in whistleblower litigation and government investigations into alleged retaliation, regulatory violations, and other alleged wrongdoing. He counsels clients on Safety Conscious Work Environment issues, Part 21 compliance, and avoiding inadvertent license transfers.

Scott is well-versed in the developing landscape around new energy sources, including renewable energy, energy storage, green hydrogen, and new nuclear technologies. He works with clients to analyze their business and sustainability goals as they consider how climate change may impact their businesses.

Prior to joining Morgan Lewis, Scott worked on energy policy, sustainability, and climate change at the American Council on Renewable Energy and was a senior litigation associate at a leading maritime and insurance law firm in New York.

selected representations

  • A US nuclear reactor owner in an investigation alleging retaliation under Section 211 of the Energy Reorganization Act
  • The operator of a national laboratory in a claim alleging retaliation under the DOE’s Contractor Employee Protection Program (10 CFR Part 708)
  • US nuclear utilities and material licensees in obtaining NRC approval for transfers of reactor and material licenses
  • A reactor owner in an internal audit for compliance with 10 CFR § 50.80 and that an inadvertent license transfer had not occurred
  • A US nuclear reactor owner in an investigation conducted by the NRC’s Office of Investigations
  • A US nuclear supplier in an investigation for noncompliance under 10 CFR Part 21
  • The owner in the negotiation of an engineering, procurement, and construction agreement for the construction of a co-generation plant at the owner’s manufacturing facility

Awards and Affiliations

Member, Practice Group of the Year, Energy, Law360 (2016, 2019)

Member, Law Firm of the Year, Energy/Projects: Power (including Renewables), Chambers USA (2018)

Admissions

  • District of Columbia
  • Maryland
  • New York
  • US District Court for the Southern District of New York
  • US District Court for the Eastern District of New York

Education

  • Vermont Law School, 2003, J.D., cum laude
  • University of Minnesota, 2000, B.S., Environmental Science

Sectors

  • Energy

Services

  • Energy & Project Development
  • Energy Litigation
  • Climate Change

Regions

  • North America

Events

2/28/2023 - Nuclear Regulatory Roundup Q1 2023
5/11/2022 - Nuclear Regulatory Roundup Q2 2022
1/18/2022 - Nuclear Regulatory Roundup Q4 2021
11/23/2021 - Advanced Nuclear Solutions
11/16/2021 - Advanced Nuclear Solutions
5/20/2021 - Nuclear Regulatory Roundup Q2 2021
8/11/2020 - Nuclear Regulatory Roundup Q3 2020

News

8/22/2022 - What the Climate Bill Does for the Nuclear Industry, CNBC.com

Publications

1/26/2023 - Inflation Drives Another Large Increase in NRC’s Maximum Civil Monetary Penalties
8/22/2022 - LawFlash: Inflation Reduction Act of 2022 Boosts Nuclear Power with Tax Credits and Funding
8/16/2022 - Inflation Reduction Act of 2022 Boosts Nuclear Power with Tax Credits and Funding
5/11/2022 - NRC Annual Trends Report Shows Increase in Allegations
5/9/2022 - Path to Net Zero: The Role of Nuclear Energy
4/29/2022 - NRC Issues Self-Assessment of the Reactor Oversight Process
4/21/2022 - DOE Begins Accepting Applications for Civil Nuclear Credits
3/22/2022 - Senators Introduce Legislation to Ban Imports of Russian Uranium; Russia Reportedly Considers Mirror Ban
3/15/2022 - NRC Enforcement Manual Revisions Address Licensee Challenges to Enforcement Actions
3/2/2022 - NRC Office of Investigations Issues FY 2021 Annual Report
1/20/2022 - Climate Change: Year in Review 2021
1/10/2022 - NRC Staff Issues Findings From 2021 Decommissioning Status Reports
12/6/2021 - Nuclear Energy: The Key to Achieving Climate Change Goals
11/23/2021 - NRC’s Atomic Safety and Licensing Board Dismisses Violations of NRC’s Anti-Retaliation Regulation
11/15/2021 - Bipartisan Infrastructure Bill Could Revolutionize the Energy Industry
9/30/2021 - US Offshore Wind is Under Sail, but Challenges Remain, Reuters
7/29/2021 - DOE Seeks Comments on Price-Anderson Indemnities
7/14/2021 - EPA Reverses Course on Using Radioactive Byproduct in Road Construction
6/29/2021 - EPA Announces Review of Trump Administration Decision on Nuclear Cleanup
6/14/2021 - NRC Office of Enforcement Issues Calendar Year 2020 Report; New Director Named
5/24/2021 - OSHA Hosts Public Meeting for Whistleblower Protection
5/13/2021 - NRC Allegations Trends Report Shows a Decrease in Number of Allegations
2/24/2021 - NRC Office of Investigations Issues FY 2020 Annual Report
2/3/2021 - LawFlash: IRS Releases Final Regulations for Section 45Q Carbon Capture Credit
1/28/2021 - NRC Seeks to Clear Up Confusion over Fusion Energy Regulatory Framework
11/25/2020 - NRC Reaffirms Its Decision Allowing SLR Applicants to Rely on License Renewal GEIS
11/11/2020 - ARB Announces Update to Electronic Filing System
10/16/2020 - OSHA Hosts Stakeholder Call to Discuss Whistleblower Protection Program
9/24/2020 - Proposed Bill Would Provide Grants to Local Communities and Change Decommissioning Process
9/8/2020 - IRS Issues Final Rule on Nuclear Decommissioning Funds
7/13/2020 - NRC Issues Report on Best Practices for Local Community Decommissioning Advisory Boards
6/10/2020 - DOL’s Office of ALJs Suspends In-Person Hearings Indefinitely; Procedural Deadlines No Longer Suspended
6/3/2020 - Lawflash: IRS Proposes Carbon Capture and Sequestration Tax Credit Regulations
6/2/2020 - IRS Releases Proposed Regulations for Carbon Sequestration Tax Credit
5/28/2020 - NRC Guidance: Enforcement Discretion for Noncompliance with Radiological Emergency Response Plans
5/21/2020 - NRC Guidance: Enforcement Discretion for Byproduct Material Licensees
5/18/2020 - OSHA Invites, Receives Public Comments on Whistleblower Protection Program
5/14/2020 - Sixth Circuit Rejects Chain-of-Events Theory of Causation in Whistleblower Cases
5/13/2020 - DOL Administrative Review Board Fails to Clarify Test for Whether a Contractor Is a ‘Covered Employee’
4/21/2020 - DOL’s Office of ALJs Extends Suspension of Hearing, Procedural Deadlines
4/21/2020 - NRC Launches COVID-19 Regulatory Resource Page for Nuclear Reactors
4/17/2020 - NRC Guidance: Dispositioning Violations for Security Personnel Amid COVID-19
4/16/2020 - OSHA Reminds Employers: Anti-Retaliation Provisions Still Apply During COVID-19
4/9/2020 - COVID-19: NRC Issues Final Interim Guidance on Exemptions from Part 26 Work-Hour Controls
4/3/2020 - COVID-19: NRC Holds Teleconference on Exemptions for Part 26 Work-Hour Controls
4/1/2020 - Whistleblower Complaint Dismissed Based on Employer’s Reasonable Steps to Ensure Employee Safety
3/30/2020 - COVID-19: NRC Announces Opportunity to Seek Exemption From Part 26 Work-Hour Controls
3/22/2020 - COVID-19: DOL’s Office of ALJs Suspends Hearings, Procedural Deadlines
2/10/2020 - NRC’s Reactor Decommissioning Financial Assurance Working Group Receives Public Comments
12/10/2019 - NRC Enforcement Guidance Clarifies Section 2.2.3 of the Enforcement Policy
12/9/2019 - NRC Issues Updated Guidance for Drug and Alcohol Fitness-for-Duty Violations
9/23/2019 - NRC Issues Proposed Rule to Update Part 26 Drug Testing Program
9/3/2019 - NRC Prepares Proposed Rule Updating Drug Testing Program Under Part 26
8/13/2019 - NRC Holds Public Meeting on the Regulatory Basis Regarding Physical Security of Advanced Reactors
8/9/2019 - DOE Finalizes Revisions to Part 708 – Contractor Employee Protection Program
7/19/2019 - NRC Seeks Comment on the Regulatory Basis Regarding Physical Security of Advanced Reactors
5/31/2019 - Commission Approves Changes to Management Directive on Backfitting
5/20/2019 - DOE Proposes Changes to Part 708 – Contractor Employee Protection Program
4/29/2019 - Commission Approves Change to Enforcement Policy on Certain Fitness-for-Duty Violations
2/20/2019 - NRC Revises Inspection Manual Chapter 1240 on Unescorted Access
10/2/2018 - New York’s 'Zero Emissions Credit Program' Upheld by Second Circuit
10/2/2018 - Second Circuit Affirms New York’s 'Zero Emissions Credit' Program
9/28/2018 - NRC Updates Regulatory Guide for New Power Reactor Environmental Reports
9/21/2018 - NLRB Proposes Rule to Determine Joint-Employer Status
9/18/2018 - Update on Resolution of Recommendations from Significance Determination Process Audit
9/14/2018 - Illinois ‘Zero Emission Credits’ Program Upheld by Seventh Circuit
9/14/2018 - Seventh Circuit Affirms the Illinois ‘Zero Emission Credits’ Program
7/26/2018 - Confirmed: Hackers Accessed US Electrical Utility Networks
7/13/2018 - Eleventh Circuit Affirms Dismissal of Claims Involving Florida’s Nuclear Cost Recovery System
6/26/2018 - NRC Issues Interim Guidance for Dispositioning Some Severity Level IV Violations