30 Mars 2016
March 28, 2016
An Otsu District Court injunction has suspended operations of two reactors at Kansai Electric Power Co.’s Takahama nuclear power plant in Fukui Prefecture, one of which was online.
Again, the significance of that development should be taken to heart. Proponents of nuclear power, in particular, should squarely face up to the public anxiety that lies in the backdrop of the court decision. But instead they are boiling with disgruntlement.
“Why is a single district court judge allowed to trip up the government’s energy policy?” Kazuo Sumi, a vice chairman of the Kansai Economic Federation, said resentfully.
“We could demand damages (from the residents who requested the injunction) if we were to win the case at a higher court,” Kansai Electric President Makoto Yagi said, although he prefaced his remark with a proviso that he is arguing only in general terms.
The government is maintaining a wait-and-see attitude.
The decision called into question the appropriateness of the Nuclear Regulation Authority’s new regulation standards and government-approved plans for evacuations in case of an emergency.
But NRA Chairman Shunichi Tanaka argued, “Our standards are nearing the world’s top level.”
And the government has no plans to review its emergency evacuation plans. It has only reiterated that it will “proceed with restarts of nuclear reactors in paying respect to NRA decisions.”
The Otsu decision is the third court order issued against the operation of nuclear reactors since the meltdowns five years ago at Tokyo Electric Power Co.’s Fukushima No. 1 nuclear power plant.
There has, in fact, been no fixed trend in court decisions. Another court rejected residents’ request last year for an injunction against reactor restarts at Kyushu Electric Power Co.’s Sendai nuclear plant in Kagoshima Prefecture.
But courts appear to be playing a more active role now than before the Fukushima disaster.
The nuclear proponents’ reactions reveal an underlying thinking: “The use of nuclear power is indispensable for Japan, which does not abound in energy resources. The government set up the NRA following the Fukushima disaster to increase expert control. Regional utilities have also taken safety enhancement measures. Courts are therefore asked not to meddle.”
But they should have a deeper understanding that this argument is no longer convincing to the public and court judges.
Some critics say the latest decision deviated from the 1992 Supreme Court ruling saying that decisions on the safety of nuclear plants should be made by administrative organs on the basis of expert opinions. But that argument is also off the mark.
The ruling, given in a case over Shikoku Electric Power Co.’s Ikata nuclear plant, certainly presented that point of view. But it also stated that the objective of safety regulations based on the Law on the Regulation of Nuclear Source Material, Nuclear Fuel Material and Reactors is to “make sure that no serious disaster will happen by any chance.”
A safety net, left in the hands of experts, collapsed all too easily during the Fukushima disaster, turning the phrase “by any chance” into reality.
Courts, which are the guardians of law, should rather be commended for trying to find out independently, to the extent that they can, if there is enough preparedness when a nuclear reactor will be restarted.
The latest alarm bell sounded by the judiciary sector provides an opportunity to ask once again why all the safety measures taken after the Fukushima nuclear disaster are still struggling to win the trust of the public.
The Fukushima disaster changed the awareness of the public. The judiciary sector was also affected.
It is high time for a change among nuclear proponents.
--The Asahi Shimbun, March 27
March 27, 2016
OSAKA – Kansai Electric Power Co., angered by the decision earlier this month by the Otsu District Court in Shiga Prefecture to slap a provisional injunction on restarting two reactors at the Takahama nuclear power plant on safety grounds, is lashing out at its critics and threatening to sue them for lost revenue.
“As a general rule, seeking damages against such people is a possible target for discussion, although we’ve not decided anything,” Kepco President Makoto Yagi said at a new conference on March 18.
Kepco said it was desperate to have Takahama reactors 3 and 4, which are in neighboring Fukui Prefecture, back online before April 1 so it can offer more competitive rates when full deregulation of the electricity market takes place. The utility loses about ¥10 billion a month when the reactors are offline.
The plaintiffs in the Shiga case, however, fired back at Yagi last week.
“Such comments are a threat to others who don’t want to see another nuclear accident and want to go to court to seek provisional injunctions against other possible restarts throughout Japan,” two groups involved in the Shiga case said in a formal letter of protest to Kepco.
With anti-nuclear citizens and their lawyers energized by the court ruling, Kepco and other nuclear advocates in Japan fear a flood of new lawsuits will emerge from residents near any reactor that gets the green light to restart.
Just a couple of days after the Otsu ruling, 67 plaintiffs including atomic bomb survivors from Hiroshima and Nagasaki announced they had filed a lawsuit at the Hiroshima District Court to prevent the restart of three reactors at Shikoku Electric Co.’s Ikata nuclear power plant in Ehime Prefecture.
Some of them also filed a separate suit seeking a provisional injunction to effectively block Shikoku Electric from restarting the Ikata plant’s reactor 3, which has already cleared new safety inspections and received local political approval, paving the way for its restart as early as this summer.