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Westinghouse and Korean firms resolve nuclear dispute

22 January 2025

US-headquartered Westinghouse Electric Company has resolved its long-running intellectual property dispute with Korea Electric Power Corporation (Kepco) and Korea Hydro & Nuclear Power Company (KHNP).

In a statement, Westinghouse said: “This agreement allows both parties to move forward with certainty in the pursuit and deployment of new nuclear reactors. The agreement also sets the stage for future cooperation between the parties to advance new nuclear projects globally.”

“As the world demands more firm baseload power, we look forward to opportunities for cooperation to deploy nuclear power at even greater scale,” said Westinghouse president and CEO Patrick Fragman.

The firm added that it will work with Kepco and KHNP to dismiss all current legal actions. The terms of the settlement have not been disclosed.

The dispute resolution came days after the two countries signed a memorandum of understanding on 9 January, covering exports of nuclear technology. The MoU was signed on the same day that the leaders of South Korea and the Czech Republic reaffirmed their commitment to projects, including the expansion of the Dukovany nuclear power plant.

Uranium trade

In a separate statement, Tim Gitzel, president and CEO of Canada-based uranium trading firm Cameco, lauded the resolution of the dispute, which he expects will facilitate “bringing world-leading reactor technology and related competencies in engineering, construction services, maintenance, fuel supply and training to the global market.

“The demand for nuclear power is undeniable. This agreement strengthens the industry’s ability to provide carbon-free, reliable, dispatchable baseload electricity to help achieve climate, energy and national security objectives,” added Gitzel.

At the Cop28 climate summit in Dubai, more than 30 countries and over 100 companies pledged to triple nuclear capacity by 2050.

IP infringement claims

Westinghouse initiated legal action in the US in 2022 to block Kepco and Korea Hydro from distributing nuclear technology for which it claimed ownership rights without permission.

Westinghouse’s argument was based on the claim that the Korean nuclear reactor model, APR1400, relied on their original design and technology, and that the two South Korean companies should be responsible for any damages resulting from the export of APR1400-modelled nuclear reactors.

In response, KHNP filed countersuits in the US to compel Westinghouse to withdraw the case while simultaneously seeking an out-of-court resolution.

KHNP asserted that they possessed the necessary licences to use the technology, enabling them to export it without Westinghouse’s permission. They argued that they should not be held accountable for royalty payments.

Middle East nuclear projects

Kepco and the UAE’s Emirates Nuclear Energy Corporation (Enec) implemented the $43bn, 5,600MW first phase of the Barakah nuclear power plant in Abu Dhabi.

In August 2022, KHNP won a $2.2bn package to reconstruct the main and auxiliary buildings and structures of the turbine islands for Egypt’s El-Dabaa nuclear power plant.

Kepco and Westinghouse both expressed an interest in developing Saudi Arabia’s first large-scale nuclear power plant in Duwaiheen, although Westinghouse has dropped out of the race, according to sources.

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Jennifer Aguinaldo

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