Nuclear power firm hits Korea Electric with tech transfer lawsuit
Korea Electric allegedly planning to ink deal with Polish government | Dispute centres on pressurised water reactor tech and a nuclear power plant design.
US nuclear power company Westinghouse has sued Korea Electric Power in a bid to stop the South Korean company from alleged unauthorised nuclear technology sharing with other countries.
The suit, filed on Friday, October 21, at the US District Court for the District of Columbia, claimed that any transfer of Korea Electric’s power reactors to other countries, without approval, would violate the US Atomic Energy Act.
According to the complaint, Westinghouse holds the rights to the controlled nuclear technology which was licensed to Korea Electric and its unit Korea Hydro & Nuclear Power and this technology was then used to develop their own reactor designs.
Under the technology licence, the Korean companies licensed certain IP and other technical information relating to Westinghouse’s predecessor’s pressurised water reactor technology and System 80+ nuclear power plant design.
Westinghouse said it had learnt that Korea Electric is planning to enter into a memorandum of intent with a consortium including the Polish government to deliver nuclear power plants in Poland. Korea Electric is also allegedly planning to submit a bid to supply nuclear power plants in Saudi Arabia and the Czech Republic.
The suit comes as the Polish government also appears to be evaluating Westinghouse’s bid to provide nuclear power plants.
Westinghouse claimed that the delivery of technical information regarding the reactor designs to other countries constitutes a retransfer of the licensed technology under Part 810 of Title 10, Code of Federal Regulations (which implements provisions of the Atomic Energy Act).
Part 810 governs the transfer of technology for development, production, or use of nuclear reactors, equipment and materials. As part of this, the Department of Energy reviews re-transfers of controlled technology to a third party as if the US exporter were transferring the technology directly to the final end user in the third country.
“Defendants have previously admitted, and agreed in prior contracts with Westinghouse, that defendants’ delivery of technical information … outside the Republic of Korea was subject to Part 810,” said the suit.
Westinghouse said it had previously sought and obtained a specific authorisation from the US Department of Energy to enable Korea Electric and Korea Hydro to retransfer technical information to the United Arab Emirates.
The suit added that discussions had already taken place about Korea Electric’s plans to transfer technical information but that the Korean company had “taken inconsistent positions” about whether the transfers were subject to the obligations of Part 810.
“Defendants have refused to provide assurances that they will comply with Part 810 with respect to the delivery of technical information,” said the claim, adding that the Department of Energy has confirmed that Westinghouse would be in violation of Part 810 if Korea Electric’s transfer to Poland is covered by Part 810.
Westinghouse has asked the court to declare and order that the Korean reactor designs constitute controlled technology under Part 810, and that the transfer of the designs is subject to the obligations of Part 810.
The US company has also requested that the court enjoin the Korean companies from delivering the technical information.
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