KHNP wins lawsuit filed by US Westinghouse aimed at blocking independent nuclear power plant exports

US Court Dismisses Westinghouse's Case, Saying "No Standing to Sue"

The U.S. nuclear power company Westinghouse's lawsuit aimed at blocking Korea Hydro & Nuclear Power's (KHNP) independent export of nuclear power plants was dismissed by a U.S. court. The U.S. court ruled that Westinghouse did not have the standing to file the lawsuit. KHNP, which plans to export nuclear power plants to Poland and the Czech Republic, can now breathe a sigh of relief.

The U.S. District Court for the District of Columbia ruled on the 18th (local time) to dismiss the lawsuit filed by Westinghouse.

The court ruled that Westinghouse does not have the authority to file a lawsuit to enforce Section 810 (Export Control Regulations), accepting KHNP's argument.

Earlier, in October last year, Westinghouse filed a lawsuit claiming that the Korean-type nuclear power plants KHNP intends to export to Poland and the Czech Republic "utilize Westinghouse technology subject to export control under the U.S. Atomic Energy Act," requesting that exports be prohibited without U.S. government approval.

On the other hand, Korea Electric Power Corporation (KEPCO) argued that the Atomic Energy Act in question exclusively delegates enforcement authority to the U.S. Attorney General and does not grant private parties the right to assert claims through litigation.

However, the U.S. court did not address whether the Korean-type nuclear power plant uses Westinghouse technology or is independently developed by Korea. KHNP stated that although Westinghouse assisted in the early stages of nuclear power plant development, the plant currently being promoted for export is the Korean-developed nuclear power plant model (APR1400), which is not subject to U.S. export controls.