Two Interpretations on Nuclear Security

Kagoshima Regional Court dismissed a lawsuit by the residents around Sendai Nuclear Power Plant owned by Kyushu Electric Power Company demanding suspension of resuming operation of two reactors in the plant. Against the argument of plaintiffs that new regulatory standard on nuclear power generation was insufficient, the court concluded the standard had no irrationality. The decision was totally different from the decision made by Fukui Regional Court on Takahama Nuclear Power Plant two weeks ago. There is still no reliable criterion about nuclear power generation in this land devastated by crucial accident four years ago.

Twelve plaintiffs living in Prefectures of Kagoshima, Kumamoto and Miyazaki claimed that possible maximum quake calculated by Nuclear Regulation Authority was not valid, because four nuclear power plants in Japan experienced five earthquakes that exceeded the maximum. They required KEPCO stopping the resumption of two reactors planed for July.

Chief Judge, Ikumasa Maeda, dismissed the argument with his recognition that new standard considered regional specifics. On possibility of catastrophic eruption of volcano around the plant, Maeda realized very few possibility of it. “I cannot see any concrete opinion of experts that indicate growing danger,” told Maeda. He concluded that safety measures for Sendai Plant were achieved.

The sentence invited broad questions on judicial analysis on nuclear safety. The sentence of Fukui Regional Court recognized five cases of exceeding possible maximum quake as evidences of unreliability for the calculation. The significance of Fukui’s decision was acknowledgement of “personality right” of residents for their comfortable life, which was prioritized over economic activities. It refused shying away from the responsibility of judicial branch for making decision on slight possibility of the same level of accident as in First Fukushima Nuclear Power Plant.

KEPCO is looking forward to resuming the reactors in Sendai as soon as possible. However, thirteen nuclear power plants out of fifteen in Japan are in the process of lawsuits requiring suspension of resumption. Power companies have been putting pressure on plaintiffs requiring deposit for compensation for a possible loss with extending resumption, if they would win the lawsuits. In the testimony in the court, KEPCO demanded the deposit for ¥550 million for a day caused by stopping two reactors in Sendai. Power companies do not hesitate blackmailing people for their nuclear power generation.