Charles W. Whitney focuses his practice on energy, particularly nuclear energy, regulatory, construction and labor law. He has legal experience that spans a broad range of activities in both private practice and as chief counsel to a nuclear generating plant project. He has represented independent power producers and engineering, procurement and construction (EPC) contractors in the development, construction and operation of power projects in Georgia, New York, Pennsylvania, Ohio, Michigan and Wisconsin. His nuclear work has included negotiating and documenting all commercial activities, including procurement, architect and engineering services, contractor agreements, and labor agreements; construction claim litigation; applying for and prosecuting a license to operate the facility from the Nuclear Regulatory Commission (NRC); negotiating and documenting the resolution of warranty and contract claims against suppliers, vendors, and professional service providers; and "whistleblower" defense at the NRC and the Department of Labor. His practice has also included extensive work in labor and employment discrimination; certification, enforcement, and rate-making proceedings before state and federal regulators; and general trial work.

In addition to practicing law for 20 years, Mr. Whitney has more than 10 years of experience in senior management in the electricity industry, including both the regulated and unregulated aspects of the business. His management experience includes the construction of a nuclear electric generating plant; regional vice president in charge of electric operations, vice president in charge of European business development, and the first president and chief executive officer of the newly established European subsidiary of a major international energy company, where he was responsible for strategy development and implementation, and executive director of the company's activities in Europe and Africa.

Mr. Whitney has played a leadership role in energy and project finance development activities regarding energy privatization and acquisitions in Europe, Korea and Mexico. He has been recognized by his peers as a "Georgia Super Lawyer," has been recognized by and listed in Chambers USA: America's Leading Lawyers for Business, and is a Fellow of the American Bar Foundation. A member of the American Bar Association, the State Bar of Georgia and the Atlanta Bar Association, he is active in Atlanta's civic community and is past chair of the board of trustees of SciTrek - The Science and Technology Museum of Georgia. He is a 1977 graduate of Case Western Reserve University School of Law and a graduate of Wright State University.

Representative Matters

Engaged as strategic and project counsel by Southeastern U.S. utility for development of a major generating plant build-out, including multiple simple cycle and combined cycle gas turbine units, and a biomass facility. Responsible for commercial and legal issues dealing with all aspects of equipment procurement, engineering, and construction.
Representation of a midwest U.S. utility in implementing a major construction program including environmental upgrades, new plant construction and expansion of existing renewables.
Acquisitions, reorganizations, trial, arbitration and project work on behalf of energy companies.
State regulatory proceedings for gas and electricity companies.
Labor negotiations, union campaigns, strikes and arbitrations.
Employment discrimination litigation in state and federal courts.
Represented a municipality in matters involving appraisal and taxation of a nuclear electric generating facility and associated emergency planning issues.

Construction

Represented Walsh Construction Company in a variety of projects involving civil, grading, and foundation work for industrial and power projects in the Southeast.
Represented Superior Contractors in establishing a labor-broker for a major power plant construction project in Georgia.
Represented Williams Group International, a coating, engineering, and environmental contractor, on a wide variety of matters involving labor and labor related claims.
Represented Georgia Power Company in four major power plant construction projects including a nuclear generating plant project.
Represented SciTrek, the Science and Technology Museum of Atlanta, as owner and developer for the construction of the Challenger Space Center in Atlanta.

Regulatory

Responsible for all legal matters associated with the construction and licensing of the Vogtle Nuclear Electric Generating station, including negotiation and documentation of all major contracts between the owner and the vendors and contractors, prosecution of claims, and licensing activity, including contested hearings before the Nuclear Regulatory Commission.
Represented multiple retail gas suppliers before the Georgia Public Service Commission in all matters related to the deregulation of gas and subsequent administrative hearings, including enforcement actions.

Energy Related Litigation

Lead trial counsel in multi-party arbitration involving extensive claims and cross-claims arising out of the cancellation of an electric generating plant in mid-construction.
Represented Mirant, PEPCO, and Reliant Energy in a variety of fuel procurement litigation matters.
Represented Orion Power in a variety of matters involving warranty claims against vendors and contractors.

Employment Litigation

Served as lead counsel in excess of 20 employment discrimination cases tried in Federal District Courts.
Tried, as lead or sole counsel, in excess 20 "whistleblower" claims against employers alleging retaliatory personnel actions against individuals raising safety-related concerns.
Represented Georgia Power Company in Fair Labor Standard Act proceedings involving claims on behalf of classes of employees alleging uncompensated overtime.

Energy Projects

Represented the owner in major environmental rework and projects on generating plants in Ohio, Pennsylvania, and New York.
Created and represented a joint venture involving the contractor and engineer on a greenfield gas-fired power generation project in Michigan.
Represented the contractor on a power plant environmental upgrade project in Georgia.
Represented the contractor on a green field power plant generation project in Wisconsin.

Professional Activities

American Bar Association
State Bar of Georgia
Atlanta Bar Association

Admissions

Georgia
Supreme Court of the United States
United States Courts of Appeals for the Fifth and Eleventh Circuits
United States District Courts for the Northern, Middle and Southern Districts of Georgia
State Courts of Georgia

Education

Case Western Reserve University School of Law, J.D., Order of the Coif and Order of Barristers, 1977

Experience

Duane Morris LLP
- Member, Executive Committee
- Member, Partners Board, 2002-present
- Partner, 2000-present
Jones, Day, Reavis & Pogue, Atlanta, Georgia
- Of Counsel, 1997-2000
Troutman, Sanders, Atlanta, Georgia
- Partner, 1985-1986
- Associate, 1977-1985
Southern Electric International (Southern Energy - Europe, Ltd.), Atlanta, Georgia
- President and CEO, 1994-1997
Georgia Power Company, Atlanta, Georgia
- Regional Vice President, 1992-1994
- Vice President and Treasurer, 1990-1992
- Executive Assistant to the CEO, 1988-1990
- General Manager, 1986-1988

Board Memberships

Board Member, Georgia Chamber of Commerce
Advisory Board, Petit Institute for Bioengineering and Bioscience, Georgia Tech University
Member and former Chair, Board of Trustees, SciTrek, The Science and Technology Museum of Georgia
Board Member, Board of Trustees, Case Western Reserve University School of Law

Civic and Charitable Activities

Fund raising activity in support of United Way
Woodruff Arts Center
Atlanta Bar Association Truancy Intervention Project

Honors and Awards

Listed in Chambers USA: America's Leading Lawyers for Business, 2006-07; 2008-09
Listed in Who's Who in American Colleges and Universities, 1974 and 1977
Student of the Year, Wright State University, 1974

Selected Publications

Co-author with Sharli R. Silva, "Nuclear Energy from the Ground Up - Legal, Economic and Social Issues," University of Houston Law Foundation, Texas, May 2008
Co-author with Richard Lowe, "Nuclear Power and the Lessons of the 70s," URS Group Newsletter, Winter 2007
Co-author with Stephen Teichler, "Nuclear Power is Coming Back to Life," Legal Times, June 2006

Selected Speaking Engagements

"Perspectives on Nuclear Power as a Reemerging Resource Option: Factors Driving Interest in New Nuclear," Law Seminars International, Atlanta, June 2008
"Nuclear Energy," Oil, Gas and Energy Law Conference, University of Houston Texas State Bar CLE Program, Houston and Dallas, May 2008
"Nuclear As A Reemerging Resource Option," Electric Energy Market, Regulation & Investment Conference, Washington, D.C., March 2008
"Current Issues in EPC Power Contracts," Construction SuperConference, San Francisco, December 2007
"Nuclear Construction - The Next Wave - What Could Go Wrong," Marsh Nuclear Risk Management Seminar, Kiawah Island, South Carolina, October 2007
"Nuclear Renaissance - Dynamics and Opportunities," GNR₂ Conference, Seattle, June 2007