Memorandum 

May 22, 2014 5:50 am JST

Court throws wrench into Japan's nuclear restart

TOKYO -- A court ruling blocking the restart of two reactors at a Kansai Electric Power nuclear station has deepened uncertainty over Japan's plan to fire up facilities that meet tougher safety standards.

     The Fukui District Court told the utility on Wednesday not to restart the Oi plant's No. 3 and No. 4 reactors in Fukui Prefecture, now offline for safety reviews by the Nuclear Regulation Authority, citing inadequate safety measures.

     Shunichi Tanaka, the authority's chairman, tried to stay away from the legal battle. "I have nothing to say about the court's ruling," he said. "We'll carry out the review as before."

     "We determine based on scientific and technical knowledge whether (reactors) comply with the current standards," Tanaka added.

     The watchdog is conducting reviews based on new safety standards implemented last July to apply the lessons of the Fukushima Daiichi disaster.

     During the inspection of the Oi facilities, Kansai Electric had initially argued that the maximum ground acceleration caused by an earthquake could reach 700 gal within the premises, but the watchdog rejected the estimate as too low. In light of this, the utility said earlier this month that it plans to raise the estimate to 856 gal, bringing the two sides closer to a compromise. 

     But the ruling contended that temblors exceeding 1,260 gal are a possibility, asserting that the court, too, should render a judgment about nuclear safety, separate from screening conducted by the authority.

     In essence, without taking into account the heated debate between the watchdog and Kansai Electric, the court demanded absolute safety, citing fundamental personal rights protected under the constitution.

     The risks pointed out by the ruling apply to other facilities as well. At least 18 similar suits filed since the March 2011 disaster are pending across Japan, according to an anti-nuclear advocacy group. The latest decision may impact later rulings.

     "We will stick with our policy of restarting nuclear plants deemed safe by the Nuclear Regulation Authority," said Toshimitsu Motegi, minister of economy, trade and industry.

     The regulator is working on safety reviews for 18 reactors at 11 plants. Although the screening process will remain unchanged, the ruling will likely affect efforts by utilities to gain the approval of local residents.

     "We'll make a decision based on the safety reviews, putting the security of the prefecture's residents first," Fukui Prefecture Gov. Issei Nishikawa said. But the court decision could deepen anxiety among locals, making it difficult to win consent from residents.

(Nikkei)



Residents Win Court Order to Ban Restart of Oi N-Reactors

  Fukui, May 21 (Jiji Press)--Fukui District Court ordered Kansai Electric Power Co. <9503> on Wednesday not to restart the No. 3 and No. 4 reactors at its Oi nuclear power station in Fukui Prefecture, central Japan. 
   The court decision comes at a time when the government plans to restart idled nuclear reactors across the country once the Nuclear Regulation Authority confirms their safety.
   Presiding judge Hideaki Higuchi ruled that the safety of the idled reactors has not been ensured. Restarting the reactors "could pose a risk of harming personal rights," the judge said.
   It was the first court order in Japan to ban nuclear plant operations since the reactor meltdowns at Tokyo Electric Power Co.'s <9501> disaster-crippled Fukushima No. 1 nuclear power plant in northeastern Japan in March 2011, according to the plaintiffs' lawyers.
   Before the accident, Kanazawa District Court ordered Hokuriku Electric Power Co. <9505> in 2006 to stop running the No. 2 unit of its Shika nuclear plant in Ishikawa Prefecture, east of Fukui.

(2014/05/21-18:27)