Westinghouse: A Political-Legal Issue

Westinghouse, Korea Hydro and Nuclear Power and EDF are competing in Poland to build a nuclear power plant.

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Westinghouse, Korea Hydro and Nuclear Power and EDF are competing in Poland to build a nuclear power plant. Other companies are also negotiating with suppliers for additional units.

A political dispute

Westinghouse files suit in federal court. Indeed, the Polish government was about to sign a preliminary agreement with Korea Hydro and Nuclear Power. The American company wants to block the agreement of its South Korean competitor.

This multi-billion dollar project is based, according to Westinghouse, on a U.S. licensed reactor requiring transfer approvals. Polish Minister Anna Moskwa and the Deputy Prime Minister meet with U.S. Secretary of Energy Jennifer Granholm in Washington. The call for tenders is the subject of bitter discussions on the issue of the nuclear reactor.

Legal debates

Polish Deputy Prime Minister Jacek Sasin says:

“The meeting clarified all the remaining issues regarding the government’s decision to select a partner in the Polish nuclear power project.”

Westinghouse says Korea Hydro and Nuclear Power’s reactor design includes licensed intellectual property. The American company insists that the APR1400 incorporates the System 80 reactor technology acquired in 2000.

The U.S. group believes Korea Hydro and Nuclear Power needs its support to comply with U.S. laws. The same question arises for the Czech Republic and Saudi Arabia, which wish to acquire this technology. For example, it is the U.S. Department of Energy that must authorize the sharing of certain technologies with other countries.

Export of technologies

Korea Hydro and Nuclear Power conceded this need when it sold APR1400 reactors to the United Arab Emirates in 2010. Westinghouse seeks a court order stating that the APR1400 reactor contains U.S.-origin technology. The company claims that it is prohibited from sharing technical information with other countries.

Poland’s nuclear plan calls for the first power reactor to be operational in 2033. The country wants to have a nuclear capacity of 6 to 9GW in the 2040s. Finally, Korea Hydro and Nuclear Power’s bid would be the least expensive of the tender.

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