The judicial branch of Japanese government
for the first time released a decision to stop an operating nuclear power
reactor on Wednesday. Receiving request from the residents in its district,
Otsu Regional Court issued temporary injunction, which ordered halting
operation of the third and fourth reactors of Takahama Nuclear Power Plant in
Fukui. Those reactors will immediately stop its operation on Thursday. The
court cast deep skepticism on new security regulation for nuclear power plant
made in the executive branch even after tragic accident in Fukushima.
The decision determined that the power
company, which was Kansai Electric Power Company in this case, is responsible
for proving safety. Considering the fact that investigation over how the
accident in Fukushima happened had still not been concluded, Otsu Regional
Court expressed strong uneasiness on new security regulation determined by
Nuclear Regulation Authority, newly established as an outer body of Ministry of
Environment. “I cannot help hesitate recognizing new security regulation as
basis of public peace,” told Chief Justice, Yoshihiko Yamamoto.
The decision realized that the assumption
of the plant for possible impact of a great earthquake was insufficient. It
questioned that calculation on the length of active faults underground of the
site was not accurate, presenting historical fact that Takahama area had
suffered from great tsunami in Tensyo Great Earthquake in 1586. Solidness of
pool for used nuclear fuels was assessed as insufficient, too.
The plaintiffs are not living in Fukui
Prefecture, where the plant is located, but in Shiga Prefecture adjacent to
Fukui. The decision also required national government a concrete evacuation
plan in contingency as soon as possible. “National government has moral obligation
to determine broad and thorough security standard including a concrete
evacuating plan,” said the court.
After passing examination of NRA, both
reactors resumed its operation earlier this year. The judicial decision
dismissed that governmental policy as inappropriate. The courts in Japan had
been reluctant in making a clear decision on the cases for stopping nuclear
power plant, because of technical difficulty for decision. But, the decision of
Otsu Regional Court was based on the viewpoint of people’s right to live
safely, rather than on importance of energy policy.
KEPCO is going to request nullification of
Otsu’s decision. But, the decision reminded power companies of high cost of
nuclear power generation that might be stopped by every judicial decision, even
it had endorsement from national government.
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