In a significant legal development, the U.S. District Court for the District of Columbia dismissed a lawsuit that Westinghouse Electric Company lodged against its South Korean rivals, Korea Hydro & Nuclear Power (KHNP) and Korea Electric Power Corp. (KEPCO). Last October, Westinghouse asserted that the APR1400 Korean nuclear reactor, which KHNP intended to export to Poland and the Czech Republic, incorporated its proprietary technology. This technology, Westinghouse claimed, falls under the U.S. Atomic Energy Act’s export controls, necessitating a U.S. government license for any overseas transfer.
However, the court ruled that Westinghouse lacked the standing to sue over the enforcement of a U.S. export control regulation called Part 810. KHNP contended that they initially collaborated with Westinghouse in the reactor’s early development phases, but the models it now aims to export emerged from independent Korean innovation and thus remain outside the purview of U.S. export restrictions. While this ruling alleviates potential legal pressures for KHNP in its international dealings, the central contention — whether the Korean reactor technology belongs to Westinghouse or Korea — remains unresolved by the court.
In a significant legal development, the U.S. District Court for the District of Columbia dismissed a lawsuit that Westinghouse Electric Company lodged against its South Korean rivals, Korea Hydro & Nuclear Power (KHNP) and Korea Electric Power Corp. (KEPCO). Last October, Westinghouse asserted that the APR1400 Korean nuclear reactor, which KHNP intended to export to Poland and the Czech Republic, incorporated its proprietary technology. This technology, Westinghouse claimed, falls under the U.S. Atomic Energy Act’s export controls, necessitating a U.S. government license for any overseas transfer.
However, the court ruled that Westinghouse lacked the standing to sue over the enforcement of a U.S. export control regulation called Part 810. KHNP contended that they initially collaborated with Westinghouse in the reactor’s early development phases, but the models it now aims to export emerged from independent Korean innovation and thus remain outside the purview of U.S. export restrictions. While this ruling alleviates potential legal pressures for KHNP in its international dealings, the central contention — whether the Korean reactor technology belongs to Westinghouse or Korea — remains unresolved by the court.
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