Resumption without Positive Reason

It may allow resumption of power generation in nuclear reactors without any positive reason. Osaka High Court on Tuesday dismissed an appeal of the residents around Takahama Nuclear Power Plant in Fukui Prefecture to stop operation of Reactor #3 and #4, overturning previous decision in the lower court. Osaka Court recognized new regulation set by Nuclear Regulation Authority as rational based on contemporary science and technology. However, it ignored necessity to prevent disaster not expectable, which was the greatest lesson of East Japan Great Earthquake six years ago.

Takahama Nuclear Power Plant stopped its operation after catastrophe in First Fukushima Nuclear Power Plant. While Takahama Plant passed examination of NRA in February 2015, Fukui Regional Court dismissed the request from its owner, Kansai Electric Power Corporation, to resume operation in reactors #3 and #4. After Fukui Court admitted the resumption eight months later, Reactors #3 and #4 restarted their operation in January 2016. But, Reactor #4 experienced emergency stop and Otsu Regional Court ordered those two reactors halting their operation last March.

Otsu Court evaluated new safety standard of NRA as insufficient for people’s comfort, because the accident in Fukushima had not thoroughly been reviewed. It did not find enough safety requirement in the research of rifts underground and demanded Japanese government to make stricter regulation with necessity of proper evacuation plan. Otsu required complete safety to nuclear power plant.

Osaka High Court did not require KEPCO absolute safety in Takahama. The decision approved new regulation of NRA to have been made based on brand-new scientific and technological knowledge. Chief Judge, Ikuo Yamashita, recognized that relative safety was allowed when we would take advantage of scientific technology. He concluded that safety in Reactor #3 and #4 of Takahama could not be said as insufficient.

Being far different from former decisions on safety of nuclear power plant, the decision required the plaintiffs to prove insufficiency of safety measures. In other words, the Court approved any dangerous nuclear power plant to work, as long as it would not be proved to be unsafe. Although Tokyo Electric Power Company had been telling that nuclear power plant was absolutely safe, the reactors in First Fukushima Nuclear Power Plant was exploded, emitted huge amount of radiation and caused broad evacuation of a number of residents around. Relative safety will not guarantee no further severe accident in nuclear power plant.