TEPCO Held Liable for Fukushima Disaster

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From Majia’s Blog
The Japan Times is reporting that TEPCO was found liable for the Fukushima disaster in a case brought by citizens whose lives were terribly upended by the Daiichi meltdowns and spent fuel pool fire:
Government, Tepco ordered to pay ¥500 million in damages for Fukushima disaster. Kyodo [The Japan Times] https://www.japantimes.co.jp/news/2017/10/10/national/crime-legal/court-orders-tepco-government-pay-damages-fukushima-disaster/#.WdzdCjvdnFI
…[in] the second ruling of its kind in a series of group lawsuits filed nationwide. The Fukushima District Court ordered the government and Tokyo Electric Power Company Holdings Inc. to pay ¥500 million to about 2,900 of the 3,800 plaintiffs…. In the ruling, presiding Judge Hideki Kanazawa concluded that the government and Tepco are both to blame for failing to take steps to counter the risk of a huge tsunami caused by an earthquake, as they were able to foresee the risk based on an assessment issued in 2002.
TEPCO was responsible in many ways for the Fukushima disaster, but culpability extends beyond this single corporation and the government responsible for its regulation. I’ve explained in my post “nuclear governmentality” that the nuclear apparatus is unified by a set of common logics, technologies, protocols, authorities and value orientations that are global in operation (http://majiasblog.blogspot.com/2017/09/nuclear-governmentality.html).
CULPABILITY and LIABILITY
Reactors 1 through 5 at the Fukushima Daiichi site were based on General Electric’s Mark I design. This design was declared flawed by two engineers from General Electric who resigned in 1975 after expressing concerns about potential containment failures, particularly in loss of cooling accidents. You can read more here:
Fukushima: Mark 1 nuclear reactor design caused GE scientist to quit in protest. (2011, March 15). ABC the Blotter. Available http://abcnews.go.com/Blotter/fukushima-mark-nuclear-reactor-design-caused-ge-scientist/story?id=13141287
General Electric’s poor reactor design likely contributed to the explosions that occurred at the Daiichi complex. Reactors like the ones that melted down in Fukushima are still operating in the US and elsewhere.
The nuclear industry is rendered immune from its culpability by limits on liability and by seemingly unconditional governmental support (a finding explained by the “security” logic of nuclear governmentality).
In Japan, the Atomic Energy Basic Law passed in 1955, the same year the LDP was formed, focused nuclear liability on plant operators (such as TEPCO), thereby absolving designers (e.g., GE). The law allowed for use of nuclear power for energy and created the Japanese Atomic Energy Commission (AEC) and the Japan Atomic Energy Research Institute. It dictated control over fissile materials, measures for patented inventions, and radiation protections.
Article 21 of the law dictated compensation for nuclear accidents, although the law has been criticized for not specifying level of governmental responsibility.
The government of Japan has ultimately assumed responsibility for TEPCO’s liabilities, although the corporation operates as a stand-in. TEPCO returned to profitability in 2013 having externalized most of its losses in a state-sponsored plan to offload liabilities:
 K. Ohira and M. Fujisaki (31 July 2012) ‘Taxpayers, Electricity Users Finance TEPCO Bailout’, The Asahi Shimbun, http://ajw.asahi.com/article/0311disaster/fukushima/AJ201207310068
TEPCO’s 2016 Annual Report (http://www.tepco.co.jp/en/corpinfo/ir/tool/annual/pdf/ar2016-e.pdf) describes how the company has been dis-assembled into holding companies in its efforts toward renewed profitability.
A rational assessment of cost and benefits must also address the risks posed by nuclear power.  The existence of an international nuclear liability convention points to the potential cataclysmic risks from nuclear power hazareds and demonstrates how decision-makers limit economic liability for the nuclear complex, allowing it to externalize full costs.
The Convention on Supplementary Compensation for Nuclear Damage (CSC),[i] limits international liability for nuclear disasters by offering a uniform and limiting set of compensation standards for victims of nuclear disasters in impacted countries not the origin of the disaster. The convention also exonerates manufacturers, placing liability exclusively on operators.
The convention essentially limits only the liability, but not the incalculable risks, from nuclear accidents. The externalities of international nuclear disasters are therefore primarily assumed by the exposed individuals. Although fixed costs and liabilities cannot be provided, it is possible to address actual and potential liabilities and risks from nuclear power.
In 2012 Japan expressed interest in joining the CSC after a February visit by U.S. Deputy Secretary of Energy, Daniel Poneman.[ii] During the visit, a Japanese prime ministerial envoy “secretly promised” to Poneman that Japan would resume its pluthermal nuclear program, raising considerable controversy in Japan when leaked because of the dangers of plutonium enriched MOX fuel, as subsequently reported by The Mainichi :
A Japanese prime ministerial envoy secretly promised to the United States that Japan would resume its controversial “pluthermal” program, using light-water reactors to burn plutonium, according to documents obtained by the Mainichi.
The secret promise was made by Hiroshi Ogushi, then parliamentary secretary of the Cabinet Office, to Daniel Poneman, deputy secretary of the U.S. Department of Energy, during Ogushi’s visit to the United States on behalf of then Prime Minister Yoshihiko Noda in September last year. The revelation comes as Japan’s pluthermal project remains suspended in the wake of the Fukushima No. 1 Nuclear Power Plant disaster due to safety concerns. The fact that a Japanese official promised to the U.S. to implement such a controversial project without a prior explanation to the Japanese public is expected to stir up controversy.[iii]
Poneman advocating running Japan’s Rokkasho reprocessing plant, which had drawn safety concerns when, as mentioned previously, Japanese scientists announced finding a potentially active fault running through the site.[iv]
At a July 2012 press conference, Poneman implicitly endorsed plutonium-enriched MOX fuel production at Rokkasho as an important tool for reducing climate change and reducing Japan’s excessive plutonium stockpiles:
“Obviously what is done in the long term at Rokkasho is a decision for the Japanese people, the Japanese government to make,” Deputy Energy Secretary Daniel Poneman said during a July 2012 press conference in Tokyo.
He added that “to the extent that there would be paths forward for Rokkasho” that could avoid increasing Japan’s stockpile of plutonium, “that would be a good thing.” Poneman coupled this, however, with a public pitch for letting Japan use nuclear power to reduce carbon emissions, acknowledging that it is an important tool “for our friends and colleagues in Japan … who are very worried about climate change.”[v]
MOX fuel increases likelihoods of risks because of the increased heat and radiological contamination produced by its fissioning. Despited acknowledged risks, demonstrated empirically with the explosion at Fukushima Unit 3, Japan’s Atomic Energy Commission endorsed continuing fuel recycling.
The Rokkasho plant construction is still underway, although also still delayed, as reported recently here http://fissilematerials.org/blog/2017/10/rokkasho_plant_is_facing_.html
Despite this setback, Japan’s Atomic Energy Commission remains a cheerleader for plutonium production at the very troubled Monju reactor, as part of the “national energy mix”:
Associated Press (15 September 2017). Bucking public sentiment, Atomic Energy Commission backs nuclear power for national energy mix (Sep 15, 2017 ) https://www.japantimes.co.jp/news/2017/09/15/national/commission-supports-nuclear-power-japans-energy-needs-despite-shift-public-opinion/#.WcE9ucbdnc
The report also endorsed continuing the government’s ambitious pursuit of a nuclear fuel cycle program based on plutonium, despite a decision last year to scrap the experimental Monju reactor, the centerpiece of its plutonium fuel program, following decades of poor safety and technical problems. Japan faces growing international scrutiny over its plutonium stockpile because the element can be used to make atomic weapons.
Nuclear governmentality, the logic and code of conduct of the nuclear apparatus, operates autopoietically, closed to negative feedback.
Individual authorities within this apparatus are rewarded for their role reinforcing and extending nuclear governmentality.
Poneman’s role as a nuclear industry advocated was solidified when Poneman left the Department of Energy in 2015 to take on the role of CEO at Centrus Energy, formerly USEC, an enrichment processing facility.
The U.S. based Center for Public Integrity noted the nuclear industry’s revolving door relationship with the Department of Energy (DOE), observing that during Poneman’s approximate five year tenure at the DOE he approved or advocated hundreds of millions of dollars in contracts and subsidies to USEC.[vi]
U.S. pressure is just part of the big picture at Rokkasho and with nuclear in general in Japan. Nuclear energy and enriched fuel are part of Japan’s national security strategy, as has been publicly acknowledged by LDP representatives. Nuclear power is the gateway to nuclear weapons and rising geopolitical tensions breed anxious warriors. Unwavering support for nuclear power tends to coincide with nuclear-based conceptions of state security. Consequently, the nuclear energy complex is closely coupled in important ways with the military complex….
REFERENCES
[i] T. Nakagawa (3 February 2012) ‘Japan Wants in On Nuclear Accident Compensation Pact’, The Asahi Shimbun, http://ajw.asahi.com/article/behind_news/politics/AJ201202030021, date accessed 5 February 2012.
[ii] Ibid.
[iii] “Japan made secret promise with U.S. to restart pluthermal nuclear program,” The Mainichi (June 25, 2013): http://mainichi.jp/english/english/newsselect/news/20130625p2a00m0na006000c.htm.
[iv] K. Hasegawa ‘Quake Risk at Japan Atomic Recycling Plant’, Pys.Org December 19 2012, http://phys.org/news/2012–12-quake-japan-atomic-recycling-experts.html#jCp, date accessed 25 December 2012.
[v] Douglas Birch and R. Jeffrey Smith “Japan’s Well-Placed Nuclear Power Advocates Swat Away Opponents,” NBC (March 12, 2014 ) http://www.nbcnews.com/storyline/fukushima-anniversary/japans-well-placed-nuclear-power-advocates-swat-away-opponents-n50396
[vi] Douglas Birch, (2015, May 13) Former Energy Department official wins huge pay raise after moving to firm with deep ties to DOE” Center for Public Integrity (May 13, 2015): http://www.publicintegrity.org/2015/05/13/17265/former-energy-department-official-wins-huge-pay-raise-after-moving-firm-deep-ties.
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Japan Cleared to Re-Start World’s Largest Nuclear Plant

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TEPCO, which responded so badly to the Fukushima Dai-Ichi nuclear disaster, has won approval from Japan’s nuclear reactor to crank back up the world’s biggest nuclear power plant.

The word “nuclear” has a lot more power in Japan than it does elsewhere. 

 

Tokyo Electric Power, or TEPCO (TKECY) as it is better known, has just won approval to re-start two reactors at the world’s largest nuclear power plant. Its shares got a jolt of 3% at that announcement.

Nuclear-linked stocks will be worth watching as the company pushes on with that attempt. TEPCO is, after all, the company that responded so badly to the disaster at the Fukushima Dai-Ichi power plant in 2011.

The only country to have been hit by an atom bomb nevertheless embraced the technology behind nuclear power. Around one-fifth of all electricity is intended to be produced that way.

Then came the disaster at Fukushima. The March 2011 earthquake unleashed a tidal wave that ultimately killed 15,894 people, causing ¥21.5 trillion ($191 billion) in damage. Only the nuclear disaster at Chernobyl in Ukraine was worse.

The tsunami deluged the nuclear reactors at Fukushima, and three of them melted down. That shined a spotlight on the inept operations and response of TEPCO, which ran the plant.

The company was terrible at responding to the disaster and even worse at responding to the public. Its executives went into shutdown mode, as Asian companies are wont to do. It denied facts that turned out to be true, downplayed the impact and generally pretended that there’s nothing to see here, we’ve got it all under control, please move along.

So it’s amazing that it’s back in big-time nuclear business. Most recently, Japan’s nuclear regulator, the Nuclear Regulation Authority, has granted TEPCO initial safety approval to restart two reactors, six and seven, at the Kashiwazaki-Kariwa nuclear plant, the world’s largest.

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The five NRA commissioners voted unanimously for permission to crank the reactors back up. Formal approval will likely go ahead after a 30-day period for public comment.

The governor of Niigata prefecture, where that plant is based, says he won’t consider allowing the plant to run again until the prefecture conducts its own review of what went on at Fukushima, and that won’t happen until 2020 at the earliest.

Opinion polls show that a majority of the Japanese public now opposes nuclear power and would ultimately like Japan to cease producing it. It’s likely that nuclear power will come up as an issue in the Japanese election, slated for Oct. 22. 

Japanese Prime Minister Shinzo Abe believes nuclear power is a viable and stable source of energy. His Liberal Democratic Party wants to see more of Japan’s nuclear reactors put back to work.

Tokyo Governor Yuriko Koike, a former defense minister in the Abe government, has formed a conservative party to rival Abe’s conservative government. Although she says she won’t run for prime minister, her Kibo no To, or Party of Hope, will contest many of the seats up for grabs.

The party is considering an anti-nuclear stance. “We’ll examine how to bring down the reliance to zero by 2030,” Koike told a news conference, according to the Japan Times.

Nuclear power is intended to produce around 22% of Japan’s electricity if all its plants are operating. Government plans call for another 27% to come from liquefied natural gas, around 23% from renewable sources, and only 26% from coal.

All 42 of Japan’s nuclear reactors were ordered to shut down in 2011.

Kyushu Electric Power (KYSEY) was the first company to fire back up a nuclear plant after the 2011 quake, on the island of the same name in the city of Sendai. That’s part of Japan’s industrial heartland.

Kansai Electric Power (KAEPY) was last week granted permission from the mayor of Ohi, in Fukui Prefecture, to re-start two reactors there. The company had applied in August for permission to do so, from Japan’s nuclear regulator, the Nuclear Regulation Authority. 

Meanwhile, TEPCO continues the cleanup of the mess at Fukushima. It has delayed the removal of used nuclear rods from fuel pools at the plant. It shifted fuel removal from 2017 to 2018 at the safest of the reactors, and from 2020 to 2023 for another two.

It also has to mop up about 770,000 tons of contaminated water that was pumped into the plant to cool the melted fuel reactors. That’s due to be cleaned out of around 580 tanks where it is stored on site by 2020 – the same year that Tokyo will host the Olympics.

https://www.thestreet.com/story/14332182/1/japan-set-to-restart-worlds-largest-nuclear-plant.html

kashiwazaki-kriwa npp location

Radioactive Water “Possibly” Leaked From Reactors For Months “By Error” Says Tepco

wrong gauges measuring 28 sept 2017.jpgA Tokyo Electric Power Company (Tepco) employee (center) speaks to the media in front of a monitor in the refrigerator building at the company’s Fukushima No.1 nuclear power plant, in Okuma, Fukushima, Japan, on February 23. The company’s attempt to clean up and recover the wrecked site has been beset by frequent delays and rising costs.

 

Fukushima Nuclear Disaster: Radioactive Water May Have Been Leaking From Reactors for Months

The Japanese company in charge of cleaning up one of the world’s worst nuclear disasters said Friday its latest error may have caused contaminated water to leak into the ground for nearly half a year.

The Tokyo Electric Power Company (Tepco) said it erroneously configured gauges used to measure groundwater levels in six wells near Fukushima No.1 nuclear power plant reactors Nos. 1 through 4, all of which were destroyed when a March 2011 earthquake and tsunami devastated the Japanese coast and caused a series of meltdowns at the plant.

The false readings, which have been relied on since April 19 and were discovered this week, meant that groundwater levels were actually more than two feet below what Tepco was measuring, The Japan Times reported. The company said this mistake caused groundwater levels to fall below the limit set to prevent radioactive water from flowing out of the plant and into the nearby wells, known as subdrains, at least once, in May.

Tepco spokesperson Shinichi Nakakuk said, however, the company’s readings did not show any significant increases in radioactivity outside of the facilities and that a leak was unlikely, according to Sky News.

Between May 17 and May 21, groundwater reportedly fell as much as 7 and a half inches below the safety levels at least eight times. Tepco has not been able to determine how long the dangerous levels persisted because they only measure the site hourly. Company officials said they were still investigating the incident, according to Japan’s NHK news outlet.

More than 15,000 people were killed when an earthquake and subsequent tsunami struck Japan’s east coast, where the Fukushima No. 1 nuclear power plant is located. The threat of radioactive contamination following meltdowns at Fukushima No. 1 nuclear power plant’s Nos.1, 2 and 3 reactors, as well as massive damage to the fourth, forced 150,000 residents to evacuate, most of whom have yet to return.

Since the disaster, plant owner Tepco has struggled through the recovery process, the price tag of which was raised to $192 billion last year, according to Reuters. The leading obstacle that the company faces is extracting the nuclear fuel that remains in the plant’s damaged nuclear reactors. The severe radiation levels have “killed” even robots specifically designed to swim underwater and detect the location of the melted nuclear fuel.

Lava-like rocks believed to be the elusive nuclear fuel were finally discovered in July using a small, custom-built robot known as “Little Sunfish,” according to Sky News. Actually removing the deadly substance, however, has once again been delayed and would not likely begin until 2023, according to Japanese officials.

Japan’s latest plan to clean up the site did not make any mention of what Tepco would do with about 777,000 tons of water contaminated with tritium, a nuclear byproduct that’s notoriously difficult to remove once mixed with water. In July, Tepco chairman Takashi Kawamura said the “decision has already been made” to dump the tritium-tainted water into the Pacific Ocean; however, he later said he would need Tokyo’s support to go through with the measure.

While Tepco and experts have said dumping the tritium-laced water used to cool down the reactors into the ocean would be relatively harmless, local fishermen and environmental activists have condemned the potential solution, saying it would further hurt the already damaged reputation of the region.

http://www.newsweek.com/fukushima-nuclear-plant-radioactive-water-leaking-months-674434

Botched Gauges Mean Radioactive Water Might Be Leaking From Fukushima

Radioactive, contaminated water may have leaked from the destroyed Fukushima Daiichi nuclear reactor in Japan into nearby groundwater, report plant officials. The incident has not been confirmed, but is suspected to have occurred because of a fault in well placement.

The wells around the reactors are designed to pump groundwater away from the facility. Tokyo Electric Power Company (TEPCO), which operates the plant, said that six wells in the vicinity of the reactors were actually a full three feet below the required safe height to avoid contamination. This means it’s possible that radioactive waste water has been leaking into the soil at those sites.

The mistake was noticed in April 2017 during tests that preceded the digging of a new well, and TEPCO launched a full investigation. The mistake was a result of TEPCO erroneously configuring the gauges in the wells, repeatedly giving them false readings of the groundwater levels at those sites.

TEPCO tested all six questionable sites and found that the groundwater has no elevated levels of radioactivity. A leak is therefore unlikely, according to TEPCO spokesman Shinichi Nakakuki.=

The Fukushima plant suffered a triple meltdown following the devastating 9.0 earthquake and tsunami that struck Japan in March 2011, killing around 16,000 people. After the meltdown that forced 174,000 people to abandon their homes, further contamination occurred when melted-down nuclear fuel seeped into the groundwater.

The wells are to prevent radioactive water from leaking into the Pacific, but TEPCO has had repeated troubles with managing thousands of tons of contaminated water. Shortly after the meltdown, an underground barrier of frozen soil was built, but in 2016 they revealed that the measure had been ineffective. In July 2013, TEPCO revealed that radioactive water was leaking from the plant into the Pacific Ocean, something they had previously denied. 

TEPCO has been severely criticized by the Japanese government and public for their mishandling of the meltdown and ensuing crisis. In 2016, three of TEPCO’s top executives, including former Chairman Tsunehisa Katsumata, were indicted on charges of criminal negligence.

They are also the subject of 30 class action lawsuits from displaced and injured residents. The most recent lawsuit was resolved earlier in September, when the company was ordered to pay 376 million yen ($3.36 million) to 42 plaintiffs.

https://sputniknews.com/environment/201709301057827423-radioactive-water-fukushima-well-leak/

Botched gauge settings might have contaminated Fukushima groundwater from April onward: Tepco

The discovery of falsely configured monitoring equipment at the stricken Fukushima No. 1 nuclear power plant means the groundwater flowing underneath it might have gotten contaminated from April onward, Tokyo Electric said Friday.

The utility said incorrect gauge settings were used to measure groundwater levels in six of the wells near reactors 1 and 4. This resulted in groundwater readings about 70 cm higher than reality, which means the beleaguered power utility has been mismanaging the groundwater there for months.

To prevent tainted water from leaking from the plant, Tokyo Electric Power Company Holdings Inc. installed water gauges so it could keep the groundwater levels in the wells a meter higher than the contaminated water in the buildings.

Tepco adjusts the amount of water in wells called subdrains around the buildings to keep the groundwater higher than the tainted water inside them, which prevents it from flowing out. If the groundwater levels sink below the level of the radioactive water, it might leak out.

On Friday, Tepco said the estimated groundwater level in one of the six subdrain wells close to reactor 1 fell below the level in the reactor building at least eight times during the five-day period to May 21 because the gauges were set incorrectly.

Groundwater levels were 2 mm to 19 mm lower than the level in the buildings, Tepco said, adding that it does not know precisely how long each of these problematic situations lasted because water level data is collected by the hour.

Tepco said groundwater levels in five other wells affected by the incorrect settings did not fall below the levels in the nearby reactor buildings.

All six are in the area surrounded by an underground ice wall designed to prevent groundwater leakage.

According to Tepco, the incorrect settings date as far back as April 19. The earliest error affected the gauge in a well where groundwater fell to hazardous levels.

In the world’s worst nuclear disaster since Chernobyl, reactors 1, 2 and 3 at the plant experienced core meltdowns and reactors 1, 3 and 4 were severely damaged by hydrogen explosions following a massive offshore earthquake that spawned large tsunami in March 2011.

https://www.japantimes.co.jp/news/2017/09/29/national/radioactive-water-may-leaking-fukushima-reactor-buildings-since-april-tepco/#.Wc8cghdx3re

 

Tepco promises legal safety vow as it seeks to restart reactors

Promises are meant to be broken

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The head of Tepco Electric Power company Holdings Inc. promised Wednesday to institute a safety pledge as requested by nuclear regulator, as the company seeks clearance to reactivate undamaged, idle reactors located far from its plant crippled by natural disaster in 2011.

has been calling for the company to make such a pledge part of its legally binding reactor safety program because it operates the Fukushima Daiichi nuclear power plant, the site of a major nuclear disaster in the aftermath of the massive earthquake and tsunami.

President Tomoaki Kobayakawa told the regulator on Wednesday that will stipulate a pledge to build “safety culture” in its program developed for ensuring safe operation of the Nos. 6 and 7 reactors at the company’s power station in Niigata Prefecture on the Sea of coast.

promise will pave the way for the regulator’s safety clearance for the two units — boiling-water reactors that are the same type as the ones that experienced meltdowns in the disaster.

The regulator will soon compile a draft document for the two units that will serve as certification that the utility has satisfied new stricter safety requirements implemented since the nuclear disaster.

It will then consult the economy, trade and industry minister, who oversees the nuclear industry, to confirm that is fit to be an operator. It will also solicit comments from the public before formally giving safety clearance.

Even if the reactors clear the safety checks, local governments in the area on which the Kashiwazaki-Kariwa plant sits remain cautious about their resumption.

Niigata Gov. Ryuichi Yoneyama, for example, has said it will take “around three to four years” for the utility to win the required local consent for a restart.

said last week was “qualified” as a nuclear plant operator, but that it wanted the utility to express its resolve to ensure safety in a legal document, not just in words.

Safety programs drawn up for reactors need to be approved by the regulator and if it finds a grave violation, it can demand a halt to nuclear power operations from the utility.

“We intend to tackle the unending mission of improving the safety of nuclear power and to complete the decommissioning and compensation of the Fukushima Daiichi complex,” Kobayakawa said at the regulator’s meeting on Wednesday. “We will also make efforts to maintain qualification” as operator of nuclear reactors, he said.

The Nos. 6 and 7 units at the Kashiwazaki-Kariwa plant are the newest among the seven units at the plant. The complex is one of the world’s largest nuclear power plants with a combined output capacity of 8.2 million kilowatts.

For a reactor to be restarted, it first needs to clear the safety requirements introduced in the wake of the Fukushima nuclear crisis. filed for safety assessments of the two units in .

, which is facing massive compensation payments and other costs in the aftermath of one of the world’s worst nuclear crises, has been desperate to resume operation of its idled reactors so it can reduce spending on costly fossil fuel imports for non-nuclear thermal power generation.

While some reactors run by other utilities have resumed operations in by satisfying the new safety regulations, has been under close scrutiny by regulators on whether it is qualified to once again operate a nuclear power plant.

http://m.4-traders.com/TOKYO-ELECTRIC-POWER-COMP-6491247/news/Tokyo-Electric-Power-Tepco-promises-legal-safety-vow-as-it-seeks-to-restart-reactors-25144769/

22 sept evacuees court victory

Plaintiffs and their lawyers enter the Chiba District Court on Sept. 22 to hear the verdict in the Fukushima nuclear accident compensation case.

 

TEPCO ordered to pay evacuees of Fukushima nuclear disaster

 

CHIBA–A district court here on Sept. 22 ordered Tokyo Electric Power Co. to pay 376 million yen ($3.3 million) in compensation to evacuees of the Fukushima nuclear disaster but absolved the central government of responsibility.

Forty-five people in 18 households who evacuated to Chiba Prefecture following the 2011 meltdowns at the Fukushima No. 1 nuclear plant sought a total of about 2.8 billion yen from TEPCO and the government.

About 30 similar lawsuits involving 12,000 plaintiffs have been filed at district courts around Japan.

The Chiba District Court ruling was the second so far.

In March, the Maebashi District Court in Gunma Prefecture found both TEPCO and the government responsible for the nuclear disaster and ordered compensation totaling 38.55 million yen for 62 plaintiffs.

The main point of the lawsuit in the Chiba District Court was whether TEPCO and the government could have foreseen a towering tsunami hitting the Fukushima No. 1 nuclear plant and taken measures to prevent the disaster.

The plaintiffs emphasized a long-term appraisal released by the central government in 2002, which estimated a 20-percent possibility of a magnitude-8 level earthquake occurring between the coast off the Sanriku region in the Tohoku region to the coast off the Boso Peninsula of Chiba Prefecture within the next 30 years.

The plaintiffs argued that this appraisal shows it was possible to forecast a tsunami off the coast from the Fukushima No. 1 nuclear plant, and that measures could have been taken even as late as 2006 to prevent the disaster.

For the first time in a court case involving compensation related to the Fukushima disaster, a seismologist provided testimony on behalf of the plaintiffs.

Kunihiko Shimazaki, a professor emeritus at the University of Tokyo, once served as a deputy chairman of the Nuclear Regulation Authority. He was also in charge of compiling the 2002 long-term appraisal for the government.

The height of a likely tsunami could have been known if it was calculated based on that appraisal,” Shimazaki said in court. “Even if a specific forecast could not be made, some sort of countermeasure could have been taken.”

The defendants argued that the long-term appraisal did not provide a specific basis for predicting a tsunami and only pointed to the fact that a magnitude-8 level earthquake occurring could not be ruled out.

http://www.asahi.com/ajw/articles/AJ201709220052.html

Tepco again ordered to pay damages in nuclear disaster, but not state

CHIBA, Japan (Kyodo) — A Japanese court ordered Tokyo Electric Power Company Holdings Inc. on Friday to pay damages over the nuclear disaster at its Fukushima Daiichi nuclear power plant following a deadly 2011 earthquake and tsunami, but dismissed claims against the state.

The Chiba District Court ruling follows a Maebashi District Court decision in March that found negligence on the part of both Tepco and the government played a part in the worst nuclear catastrophe since Chernobyl and ordered them to pay damages.

Friday’s ruling stemmed from a lawsuit filed by 45 people who were forced to flee Fukushima Prefecture to Chiba Prefecture near Tokyo as reactors that lost cooling functions caused meltdowns and spewed massive amounts of radioactive materials into the air.

The Chiba court awarded a total of 376 million yen ($3.35 million) to 42 of them, including all four who voluntarily evacuated. In the suit filed in March 2013, the plaintiffs were collectively seeking around 2.8 billion yen in damages from the government and plant operator.

The focal point of the Chiba case was whether the government and Tepco were able to foresee the huge tsunami that hit the seaside plant on March 11, 2011, and take preventive measures beforehand, with conflicting claims made by the parties regarding the government’s long-term earthquake assessment, which was made public in 2002.

The assessment, made by the government’s earthquake research promotion unit, predicted a 20 percent chance of a magnitude-8-level tsunami-triggering earthquake occurring along the Japan Trench in the Pacific Ocean within 30 years, including the area off Fukushima.

Based on the assessment, the plaintiffs argued that, with the plant standing on ground roughly 10 meters above sea level, a tsunami higher than the ground striking the plant could have been predicted.

They then claimed that the disaster was therefore preventable if emergency power generation equipment had been placed on higher ground, and that the government should have made Tepco take such measures by exercising its regulatory powers.

The government and Tepco, for their part, claimed the assessment was not established knowledge, and that even if they had foreseen a tsunami higher than the site of the plant and taken measures against it, they cannot be held liable as the actual tsunami was much higher at around 15.5 meters.

The government also argued that it obtained regulatory powers to force Tepco to take anti-flooding measures only after a legislative change following the disaster.

In Friday’s ruling, the court found the government not liable, saying that while the government indeed has such powers, not exercising them was not too unreasonable.

While ordering Tepco to pay damages, the court determined that the plant operator did not commit serious negligence that would have required a higher compensation amount, saying it did not totally leave anti-tsunami measures unaddressed.

The plaintiffs’ lawyers criticized the ruling as unfair, in that the court did not recognize the state’s liability. But they still positively rated the court’s acknowledgement of the loss of the plaintiffs’ hometown, jobs and personal relationships, and compensation for such a loss.

In March, the Maebashi District Court in Gunma Prefecture recognized negligence on the part not just of Tepco but also the government, saying they were able to foresee a tsunami high enough to inundate the plant.

It was the first such ruling issued among around 30 suits of the same kind and the first to rule in favor of plaintiffs.

The Maebashi court acknowledged that the government had regulatory authority over Tepco even before the accident, noting that “failing to exercise it is strikingly irrational and illegal.”

The court awarded to 62 of 137 plaintiffs a total of 38.55 million yen in damages, far less than the 1.5 billion yen sought in total. Many of the plaintiffs have appealed the district court decision.

In the Chiba suit, the 45 plaintiffs, including four who evacuated voluntarily, sought 20 million yen each for compensation for their evacuation and the loss of their hometown, jobs and personal relationships because their lives were uprooted.

The magnitude-9.0 earthquake and ensuing tsunami struck northeastern Japan on March 11, 2011, causing multiple meltdowns and hydrogen blasts at the nuclear power plant. Around 55,000 people remained evacuated both within and outside Fukushima Prefecture as of the end of August in the wake of the disaster.

http://mainichi.jp/english/articles/20170922/p2g/00m/0dm/081000c

TEPCO ordered to pay damages over nuclear accident

A Japanese court has ordered Tokyo Electric Power Company to pay damages to people who were forced to leave their homes after the accident at the Fukushima Daiichi nuclear power plant.

The Chiba District Court on Friday ordered TEPCO to pay nearly a total of 3.4 million dollars to 42 of the 45 plaintiffs who filed a lawsuit against TEPCO and the government.

The complainants say they lost their homes and jobs because of the March 2011 accident. They were seeking 25 million dollars in compensation.

The focus was whether the defendants were able to predict the tsunami that hit the plant and should therefore have taken preventive measures.

Also at issue was whether the amount of compensation TEPCO is currently paying to evacuees is appropriate.

Presiding judge Masaru Sakamoto said TEPCO did not entirely fail to implement measures against the risk of tsunami, and did not commit a grave error.

But Sakamoto said the psychological suffering of the plaintiffs is linked to the accident, and that TEPCO should pay redress.

He did not hold the government liable for the accident. The judge said that although by 2006 officials were able to predict the possibility that a tsunami could hit the plant compound, the introduction of safety measures would not necessarily have prevented the accident.

This is the second ruling in a series of lawsuits filed by about 12,000 people over the nuclear accident.

In March, the Maebashi District Court ruled that both the government and TEPCO were liable for the accident and ordered the government and the plant operator to pay damages.

https://www3.nhk.or.jp/nhkworld/en/news/20170922_25/

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Conditional approval of TEPCO’s eligibility

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Japan’s nuclear regulators have affirmed that Tokyo Electric Power Company is eligible to operate nuclear reactors again, but they have imposed some conditions.

The members of the Nuclear Regulation Authority made the decision at a meeting on Wednesday.

They have been debating whether or not to give the utility a green light to restart 2 reactors at the Kashiwazaki-Kariwa plant in Niigata Prefecture, central Japan.

TEPCO is the operator of the crippled Fukushima Daiichi plant.

During the meeting, a plan was put forth. According to the plan, TEPCO must express in its safety regulations its determination to tackle the decommissioning of the Fukushima Daiichi plant and its determination to prioritize safety over economic efficiency. In return, the regulators will certify that the company is eligible to operate nuclear reactors.

The plan also requires the industry ministry to make its intention to supervise the company clear.

At the meeting on Wednesday, the regulators agreed to certify that TEPCO is eligible to operate reactors as long as the industry ministry and the president of TEPCO agree to the provisions in the plan.

The regulators will compile a report that will effectively certify that TEPCO has their approval to restart the 2 reactors in Niigata.

https://www3.nhk.or.jp/nhkworld/en/news/20170913_34/

 

Japan’s Nuclear Regulator Not Agreeing to Tepco’s Kashiwazaki-Kariwa NPP Reactor Restart Plans

Nuclear regulator does dizzying U-turn on TEPCO reactor restart plans

Screenshot from 2017-09-08 00-09-16.pngFrom left, the No. 5, 6 and 7 reactors at Tokyo Electric Power Co.’s Kashiwazaki-Kariwa nuclear power plant are seen in Kashiwazaki, Niigata Prefecture, in this April 21, 2016 file photo.

 

Tokyo Electric Power Co. (TEPCO), the utility responsible for the Fukushima No. 1 nuclear plant and its March 2011 triple meltdown, is aiming to get the reactors at its other power plants back on line.

The Nuclear Regulation Authority (NRA), which must approve any restarts, had been holding to a very strict line on TEPCO applications. However, on Sept. 6 the NRA abruptly changed track, taking a more sympathetic attitude and indicating that the No. 6 and 7 reactors at the utility’s Kashiwazaki-Kariwa nuclear plant in Niigata Prefecture would likely pass their safety inspections — a prerequisite for restart approval.

Despite the NRA’s suddenly sunny attitude, the prefectural government has not budged from its more cautious position. And TEPCO, which has made the Kashiwazaki-Kariwa plant a chief pillar of its business recovery plans, cannot flip the reactors’ “on” switch without the prefecture’s imprimatur, meaning the plant still has no clear restart schedule.

When the NRA summoned TEPCO President Tomoaki Kobayakawa and other top managers on July 10 this year to testify on the utility’s competence to keep running nuclear plants, authority chairman Shunichi Tanaka was unequivocal and unforgiving.

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Nuclear Regulation Authority Chairman Shunichi Tanaka speaks to the Mainichi Shimbun during an Aug. 29, 2017 interview. (Mainichi)

“If TEPCO is unwilling or unable to finalize the decommissioning of the Fukushima (No. 1 station) reactors, it is simply not qualified to restart the Kashiwazaki-Kariwa plant,” Tanaka told the executives, adding, “I don’t see TEPCO showing any independent initiative whatsoever.”

The NRA chairman was referring to the longstanding problems with contaminated water and radioactive waste disposal plaguing TEPCO’s Fukushima plant decommissioning efforts. The utility tends to focus too much on trying to read the government’s mind on any and all Fukushima issues — an attitude that has long drawn NRA criticism.

When the NRA inspected the Kashiwazaki-Kariwa plant’s No. 6 and 7 reactors, it added a new evaluation category to the usual technological checklist, though it was not part of the new safety standards: “eligibility.” That is, TEPCO’s eligibility to run a nuclear power plant at all. After all, it was one of TEPCO’s plants that had succumbed to the worst nuclear disaster since Chernobyl. “TEPCO is different from other (power) companies,” Tanaka had said.

TEPCO President Kobayakawa and Chairman Takashi Kawamura are also a source of NRA concern. The two had no role in the utility’s response to the 2011 meltdowns, and Kobayakawa replaced a much more experienced hand in Naomi Hirose, a TEPCO managing director when the disaster struck. After his NRA dressing-down in July, Kobayakawa apparently visited the Fukushima disaster zone seven times.

However, there has been an apparent U-turn in Tanaka’s stance. A document submitted on Aug. 25 to the NRA under Kobayakawa’s name was sewn with phrases like, “We will carry the (Fukushima) reactor decommissioning through to the end,” and other terms suggesting a determined TEPCO attitude. At the same time, the document was bereft of details on specific preparedness measures or progress benchmarks for the decommissioning work.

Nevertheless, when Kobayakawa again appeared before the NRA on Aug. 30, the body indicated its acceptance of TEPCO’s position. Taking the contaminated water problem “as one example,” Tanaka stated that he recognized TEPCO’s lack of concrete countermeasure planning couldn’t be helped under the circumstances. One NRA executive revealed to the Mainichi Shimbun, “We avoided demanding a detailed (disposal measures) plan because we don’t legally have that authority, and doing so could pose legal risks.”

Pro-TEPCO sentiment was on conspicuous display when the NRA met again on Sept. 6, including acting Chairman Toyoshi Fuketa’s declaration that he “felt TEPCO’s drive to pass on the lessons of the (Fukushima nuclear) accident.”

Committee member Nobuhiko Ban stated that while the document the utility had submitted in the summer was a “declaration of intent,” he was “concerned over whether this alone can constitute eligibility” to run a nuclear plant. However, Tanaka wrapped up discussion by saying that “circumstances are not such that we can deny (TEPCO’s) eligibility.”

Tanaka will leave his NRA post on Sept. 18 after completing his five-year term in the chairmanship, and at a post-meeting news conference he was asked if he had wanted to bring the TEPCO issue to a close while in office.

“I can’t say that I’ve never felt that way,” Tanaka replied.

http://mainichi.jp/english/articles/20170907/p2a/00m/0na/019000c

NRA doubts TEPCO’s safety vow in Niigata, plans legal move

Screenshot from 2017-09-08 00-11-58.pngTokyo Electric Power Co. wants to restart the No. 6 and No. 7 reactors, shown in the forefront, at its Kashiwazaki-Kariwa nuclear plant in Niigata Prefecture.

 

The Nuclear Regulation Authority, skeptical of Tokyo Electric Power Co.’s promise to put safety ahead of profits, plans to gain legal assurances before allowing the embattled utility to start operating nuclear reactors again.

TEPCO has applied to restart two reactors at its Kashiwazaki-Kariwa plant in Niigata Prefecture, which would be the first run by the company since the disaster unfolded at its Fukushima No. 1 nuclear plant in March 2011.

Although NRA members agreed that the No. 6 and No. 7 reactors at the Kashiwazaki-Kariwa plant passed new regulations on technological aspects, they could not agree on whether the company has learned its lessons about safety management since the triple meltdown at the Fukushima plant.

To ensure TEPCO will put safety at the forefront of its operations, the NRA is considering holding the utility legally responsible for completing the entire decommissioning process of the Fukushima No. 1 nuclear plant.

The regulator expects to draft a checklist to verify the Kashiwazaki-Kariwa plant’s safety and other steps before it makes a final decision on whether to allow TEPCO to restart the reactors. The next meeting is scheduled for Sept. 13.

The NRA had previously determined that 12 reactors at six nuclear plants met new nuclear reactor regulations shortly after completion of their technological examinations.

The NRA also finished its technological examinations of the No. 6 and No. 7 reactors, the newest ones at the Kashiwazaki-Kariwa plant.

The plant has seven reactors, making it one of the largest nuclear power stations in the world. The two reactors that TEPCO wants to put online each has a capacity of 1.36 gigawatts.

TEPCO has said the resumption of the reactors are needed to turn around its business fortunes.

But NRA commissioners are reluctant to allow TEPCO to bring the plant online based solely on the results of the technological screening.

After the chairman and president of the utility were replaced in June, the NRA summoned the new top executives in July.

The watchdog demanded that they give a written response to the regulator’s position that TEPCO “is not qualified to operate the Kashiwazaki-Kariwa plant, given the seeming lack of determination and spotty track record to take the initiative in decommissioning (the Fukushima No. 1 plant).”

In August, the company submitted a paper to the NRA promising to “take the initiative in addressing the problem of victims of the nuclear disaster and to fulfill the task to decommission the plant.”

The paper also said the company “has no intention whatsoever to place economic performance over safety at the (Kashiwazaki-Kariwa) plant.”

Tomoaki Kobayakawa, the new president of TEPCO, called the paper a “promise to the public.”

Although the NRA commissioners on Sept. 6 recognized TEPCO’s commitment to safety to a certain degree, doubts remained.

Nobuhiko Ban, an NRA member who is a specialist on radiological protection, called for a system that would keep TEPCO committed to safety management in the future.

Is it all right for us to take TEPCO’s vow at face value?” he said.

The NRA then decided to consider legal ways to hold TEPCO accountable for safety issues.

http://www.asahi.com/ajw/articles/AJ201709070026.html