EDF, Westinghouse file appeal against UOHS decision in nuke tender

Prague, Nov 18 (CTK) - France's EDF and US firm Westinghouse filed an appeal against the decision of Czech antitrust office UOHS which in late October rejected its objections against the Dukovany nuclear tender process, and the UOHS confirmed to CTK today that it has received the appeals.

EDF informed CTK this morning that the appeal had been filed. It is protesting against the contracting authority's course of action and the selection of South Korean firm KHNP as the preferred bidder in the tender for the construction of new nuclear units at Dukovany.

Westinghouse has not yet commented on its further action.

The office has received the appeals from Electricite de France and Westinghouse Electric Company against the first instance decisions on the public procurement for the construction of new nuclear sources, UOHS spokesman Martin Svanda told CTK.

"As a rule, the appeal procedure takes up to 60 days from the submission of the document," he said.

The government decided to build two nuclear reactors at Dukovany in July. It gave preference to KHNP's bid over that of EDF, and had earlier excluded another bidder - Westinghouse - from the tender.

Both EDF and Westinghouse filed objections to the selection of KHNP in the tender in late August. In their appeals, they questioned the Korean firm's authorisation to use the technology on offer and the transparency of the procedure. Specifically, the French firm claimed that the foreign subsidy regulation had been violated.

Both firms also denounced as unlawful the procedure of the contracting authority, which, among other things, had failed to comply with the basic principles of public procurement, particularly in relation to the selection of the preferred supplier.

After about two months, the UOHS decided that the tender was in order and dismissed the objections. However, it is not yet final because the bidders can file an appeal. Prior to that, the UOHS banned the conclusion of a contract with KHNP until it makes a final decision on the matter.

EDF confirmed today it filed the appeal late last week. EDF asks the UOHS chairman to review EDF's complaint as it disagrees with the decision issued on October 30, 2024, the company said.

vr/er