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25 Apr 2025

EDF Appeal Dismissed Over Czech New Nuclear Tender Process

25 Apr 2025  by world nuclear news   
The Czech Republic’s competition authority, the Office for the Protection of Competition (UOHS), has rejected an appeal by EDF regarding the selection process for new nuclear power capacity awarded to Korea Hydro & Nuclear Power (KHNP). The decision upholds an October 2024 ruling that favored KHNP for the Dukovany Power Plant II project.


Dukovany's four units started up in the 1980s

Petr Misna, chairman of UOHS, confirmed: “The law does not provide for the possibility to file objections against such acts of the contracting authority, as it is a procedure outside the award procedure ... if it is not possible to file objections, one of the basic prerequisites for filing objections, without which it cannot be considered on its merits, is not fulfilled.” He noted that the Dukovany Power Plant II proceeded under a safety exception to the Public Procurement Act, limiting EDF’s ability to challenge the process.

The UOHS statement clarified: “In another part of the application, EDF alleged violations of the Foreign Subsidies Regulation and non-compliance with the 3E principles. The Office dismissed this part of the application as it does not have the power to review compliance with the Foreign Subsidies Regulation or the principles of economy, effectiveness and efficiency.” EDF’s appeal also raised concerns about the selection of KHNP, contract scope, and procedural issues, but these were deemed outside UOHS’s jurisdiction. Misna added that EDF could appeal the decision in a regional court.

The UOHS also closed proceedings involving Westinghouse, which withdrew its appeal against the same selection. Delays in the process, partly due to the need to send documents to South Korea via standard mail, extended proceedings by over a month per communication. The authority noted that, once finalized, the decisions would lift restrictions on concluding the public procurement contract.

The Czech Republic relies on nuclear power for about one-third of its electricity, generated by four VVER-440 units at Dukovany, operational since 1985–1987, and two VVER-1000 units at Temelín, operational since 2000–2002. In October 2023, EDF, KHNP, and Westinghouse submitted bids for a fifth unit at Dukovany, with non-binding offers for up to three additional units. In February 2024, the government revised the tender to require binding offers for four units, excluding Westinghouse for not meeting conditions.

In July 2024, Prime Minister Petr Fiala announced KHNP as the preferred bidder, citing better terms in most evaluated criteria, including a cost of approximately CZK200 billion (USD8.6 billion) per unit for two units. Fiala stated: “The winning tender, based on the evaluation of experts, offered better conditions in most of the evaluated criteria, including the price.” Contract negotiations aim to finalize agreements for the first unit by March 2025, targeting test operations in 2036 and commercial operations in 2038.

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