Korea Electric Power Corp. (KEPCO) and Westinghouse Electric Co. LLC have signed an agreement to resolve their intellectual property dispute over nuclear reactor designs and pursue collaboration.
Cranberry Township, Pennsylvania-based Westinghouse said Thursday it would work with KEPCO and KEPCO’s Korea Hydro and Nuclear Power Co. Ltd. (KHNP) for the dismissal of all current legal actions.
United States litigation and international arbitration are pending concerning Westinghouse’s claim to sub-licensing and export rights against South Korea’s state-owned KEPCO.
“This agreement allows both parties to move forward with certainty in the pursuit and deployment of new nuclear reactors”, Westinghouse said in an online statement. “The agreement also sets the stage for future cooperation between the parties to advance new nuclear projects globally”.
Westinghouse president and chief executive Patrick Fragman said, “As the world demands more firm baseload power, we look forward to opportunities for cooperation to deploy nuclear power at even greater scale”.
Details of the settlement deal are confidential, Westinghouse said.
In a recent episode of the legal row, which dates back to 2022, Westinghouse last year protested in Czechia after the Central European country’s state-owned CEZ Group selected KHNP over Westinghouse for two nuclear reactors. Westinghouse argued KHNP’s designs use the former’s technology and that the Korean company did not have clearance under U.S. tech export controls.
Announcing the appeal before the Czech Anti-Monopoly Office on August 26, 2024, Westinghouse said, “The tender required vendors to certify they possess the right to transfer and sublicense the nuclear technology offered in their bids to CEZ and local suppliers”.
“KHNP’s APR1000 and APR1400 plant designs utilize Westinghouse-licensed Generation II System 80 technology. KHNP neither owns the underlying technology nor has the right to sublicense it to a third party without Westinghouse consent.
“Further, only Westinghouse has the legal right to obtain the required approval from the U.S. government to export its technology”.
“Westinghouse will continue to vigorously defend its intellectual property rights and compliance with U.S. export control laws via the ongoing international arbitration and U.S. litigation, respectively. A decision in the arbitration is not expected before the second half of 2025”.
At the time, KHNP told Reuters in response it “will respond sufficiently to the dispute with Westinghouse to avoid negative impacts on the Czech nuclear project”.
The settlement announced Thursday comes after Washington and Seoul finalized an agreement on civil nuclear cooperation and principles concerning nuclear exports.
The memorandum of understanding “reflects the two countries’ mutual dedication to maximizing the peaceful uses of nuclear energy under the highest international standards of nuclear safety, security, safeguards, and nonproliferation”, said a joint statement January 8, 2025.
It “will bolster each of the allies’ export controls on civil nuclear technology”, the statement said.
“It will also provide a pathway to help both countries keep up with the emergence of new technologies in this sector”, the statement added.
Welcoming the Westinghouse-KEPCO agreement, U.S. Energy Secretary Jennifer Granholm said in a statement Thursday that the development “marks an exceptional accomplishment which could pave the way for hundreds of billions of dollars in cooperative projects moving forward while creating and maintaining hundreds of thousands of jobs in the civil nuclear sector”.
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