U.S. energy firm to appeal court decision in favor of KEPCO, KHNP over nuclear reactor exports

美업체, 한수원과의 법적 다툼 계속한다 "각하판결 항소할 것"

U.S. energy firm, Westinghouse Electric Company, says it will appeal Monday's court decision to dismiss its lawsuit filed against two South Korean state-run companies for exporting nuclear power plants that used Westinghouse technology and designs.
Lee Seung-jae with the latest.

On Monday, the District Court for the District of Columbia rejected the complaint by U.S. energy firm Westinghouse Electric Company,.. which said that Korea Hydro & Nuclear Power and the Korea Electric Power Corporation used technology and designs it owns, to export nuclear power plants to other countries.
However,.. the district court rejected the lawsuit claiming that Westinghouse "lacks a private cause of action" and was therefore not qualified to take such a legal move.
In response, Westinghouse announced Tuesday that it will appeal the district court's decision.
In a statement to Seoul-based Yonhap News Agency, David Durham, the president of Energy Systems at Westinghouse said the decision handed down by the U.S. District Court "merely holds that export control enforcement resides with the U.S. government", adding that the company plans to appeal the decision.
Westinghouse also claims that the use of Westinghouse intellectual property outside of South Korea is the "principal" dispute between the parties, adding that the latest court decision has no bearing on the ongoing arbitration proceeding against the two South Korean companies,.. involving their "non-allowed transfer of Westinghouse's intellectual property outside Korea."
The South Korean companies have argued that the Atomic Energy Act does not cover "private" enforcement and delegates to the attorney general the "exclusive authority" to enforce relevant provisions, citing Part 810 of the act.
The latest lawsuit by Westinghouse comes amid disputes over whether South Korea's export of nuclear reactors that its companies have domestically produced with initial technological assistance from the U.S. firm should be subject to U.S. export control regulations.
Lee Seung-jae, Arirang News.

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2023-09-20, 09:00 (KST)