Court Recognizes Liability of the Government and TEPCO in The

【号外】発行 2017 年 10 月「生業を返せ、地域を返せ！」みんなして福T島原OKYO発事故被害弁護団 TENov/DecL：03-3379 -20176770 No. 181 NUKECitizens' Nuclear InformationINFO Center Akebonobashi Co-op 2F-B, 8-5 Sumiyoshi-cho, Shinjuku-ku, Tokyo国と 162-0065,東電のJAP責AN任をPhone:認め +81る 3判 3357決 3800を勝ち Fax:取 +81りま 3 3357した 3801！ URL: http://cnic.jp/english/ e-mail : [email protected] Outside the Fukushima District Court, plaintiffs hold signs proclaiming their victory Court recognizes liability of the government and TEPCO（旗だしは、藤原弁護士、関根弁護士、鈴木弁護士が in the Nariwai (livelihoods)つとめました。） Trial The ２０１７年１０月１０日、約４年半の verdict in the "Give us back our審理 wasを経て、 liable「生業を返せ、地域を返せ！」福島 for failure to exercise its regulatory livelihoods, give us back our communities" trial, powers to have TEPCO take countermeasures which原発訴訟 residents（第１陣） of Fukushimaは、判決を迎えました。福島地方裁判所が言い渡した判決は、国 who had become against such an accident. The court alsoと evacuees東電の due法的責任 to the を明確に認めFukushima Daiichi、茨城県の一部地域 Nuclear recognizedの原告にも賠償を認めるなど that TEPCO, the operator of中間指針 FDNPS, Power等に基づく賠償対象地域よりも広い地域を賠償の対象とし、 Station (FDNPS) accident had initiated at was also liable 「自主的避難等対象区域」等for having neglected to take the Fukushima District Court, was handed down due care in establishing appropriate tsunami の原告について賠償金の上積みを認める内容で、第１陣原告３８２４名のうち、２９０ on October 10. The verdict fully recognized countermeasures at the nuclear power plant. both７名の請求が認められました the government's and Tokyo Electric（詳しくは同封した声明文をご覧ください。） Power The 3,824 plaintiffs in the lawsuit。 included Company裁判長による主文の言い渡し後、法廷を飛び (TEPCO)'s liability for the accident; both出した３人の弁護士が「勝訴」、「国と東電 residents in the Fukushima Prefecture the government for failing to exercise its compulsory evacuation zones as well as 断罪」、「被害救済広げる」と書かれた３枚の旗を大きくかかげると、裁判所の門前で待 responsibility with regard to safety regulations residents in areas of high dose rates comparable at ち構えていた約１０００名の原告FDNPS and TEPCO, as the operatorや of全国 the各地 withから those駆けつ zonesけてく andださ residentsった支援者 inから大き Miyagi, nuclearな歓声が power上がりました。東京・東電本社前 plant, for failure to fulfill its dutyと沖縄でも同時に旗だしを行い、Ibaraki or Tochigi Prefectures,また、福岡で adjacent to in taking safety measures. も原発なくそう！九州玄海訴訟と福島原発事故被害救済九州訴訟のみなさんによる集会 The verdict stated that while the government Contents が持たれ、各地の原告や支援者と喜びを分かち合いました。判決日の様子は全国ニュー should have completed estimates for projections Livelihood Trial Victory 1 - 2 of inundation due to a large tsunami by 2002, スや全国紙でも大きく扱われ、関心の高さがうかがわれました。 Kashiwazaki-Kariwa Restart? 2-4 in accordance with the recommendations 判決期日までに裁判所に提出した「公正な判決を求める署名」の数は「２３４，５６７4 - 6 of the government’s Earthquake Research Radiation Exposure Data Headquarters,筆」であり、全国で it did not doこれほど多く so. Since useの国民が注目していることに後押しされた勝訴判決で of these Book Review:Rethinking Nuclear 7 estimatesあったことは言うまでもありません。 would have enabled the prediction Energy of an accident leading to a total loss of power Radiation Exposure Data 2016 8- 9 due to the onslaught of a tsunami that exceeded News Watch 10 - 11 the height of the FDNPS site, the government Who's Who: Naomi Katagiri 12 2 November/December 2017 Nuke Info Tokyo No. 181 those areas. The plaintiffs claimed damages government instructions) was also recognized from the government and TEPCO for having with the stipulation of additional payments to been deprived of a peaceful daily life due to be made over and above the compensations evacuation, demanding that the air dose rate in already paid out. In total, the court ordered the their former homes be returned to the condition government to make payments of 250 million yen existing before the nuclear accident (roughly and TEPCO to pay out 500 million yen. 0.04 milliSieverts). Plaintiffs whose return home The plaintiffs’ association and the lawyer's was considered to be “difficult” also claimed group have appealed to the Sendai High Court “compensation for loss of hometown.” for insufficiencies in the scope and amounts Regarding the demand for “restoration of of the compensations in addition to the ruling the status quo ante” the verdict stated that this dismissing the “restoration of the status quo ante.” “was understandable from a sympathetic point The government and TEPCO have also lodged an of view,” but dismissed the demand by stating appeal, saying that “the verdict is unacceptable,” that, “since the plaintiffs did not specify the and thus the struggle of the evacuated residents content of the actions demanded, the claim is not with regard to the government and TEPCO’s applicable to a civil case.” The “compensation liability is set to continue for some time to come. for loss of hometown” was also not recognized. This is the second verdict to recognize the On the other hand, the court recognized a breach liability of both the government and TEPCO of the right of subsistence for 2,907 plaintiffs for the nuclear accident, following the March and certified the applicable region as larger than 2017 verdict In the Maebashi District Court. In the government’s policy on the geographical September 2017, the Chiba District Court, while scope for compensation. Damages for so-called recognizing the possibility of prediction by the “voluntary evacuation” (people who evacuated government, did not recognize the failure of the on a voluntary basis, not in accordance with government to exercise its regulatory powers. <Masako Sawai, CNIC> Can TEPCO's Kashiwazaki-Kariwa Units 6 and 7 be Restarted? Japan’s Nuclear Regulation Authority (NRA) (1) History of Niigata’s NPPs finalized the draft of its inspection documents Niigata is a prefecture known for its frequent regarding the Application Form for Approval of earthquakes. In the past half-century alone, it Changes to Nuclear Facilities for Tokyo Electric experienced one large and two medium-sized Power Co.’s (TEPCO’s) Kashiwazaki-Kariwa earthquakes. Those were the Niigata earthquake Nuclear Power Station (below, KK) on October 4, of 1964 (magnitude M7.5), in which considerable and solicited public comments for a 30-day period liquefaction was noted in urban areas; the from October 5 to November 3. According to Chuetsu earthquake of 2004 (M6.8); and the news reports, 904 comments were received. Since Chuetsu offshore earthquake of 2007 (M6.8). the March 11, 2011 earthquake and tsunami, Moreover, KK was the world’s first NPP to when all of Japan’s nuclear power plants (NPPs) be hit directly by an earthquake. The Chuetsu were shut down, five have been restarted, all of offshore earthquake of 2007 resulted in leakage which are pressurized water reactors (PWRs). of radioactive substances into the environment, This will be the first time for the NRA to decide outbreaks of fire and uneven ground at the site, on restarting a boiling water reactor (BWR), with 3,762 defects resulting. which is what TEPCO’s Fukushima Daiichi NPP Built straddling Kashiwazaki City and the used. How can the NRA respond to all these adjacent Kariwa Village, the TEPCO-owned views from across Japan? KK brought its Unit 1 reactor into operation in November/December 2017 Nuke Info Tokyo No. 181 3 September 1985, and Unit 7, in July 1997. The The effect of this became more notable the more combined capacity of its seven units is 8,200 the discussions of the subcommittees proceeded. MW, making it the world’s largest single nuclear At the time, the Nuclear and Industrial Safety generating station. Units 6 and 7, in particular, are Agency and the NRA were Japan’s regulatory “advanced boiling water reactors (ABWR)” with institutions for nuclear energy, but while they capacities of 1,356 MW each and recirculation were rather lenient toward TEPCO in their pumps contained within them. reviews, both subcommittees questioned TEPCO Japan’s largest electric power company TEPCO severely, occasionally even getting the national has owned and operated a total of 17 nuclear government to amend its decisions. It was also the reactors in Japan (six at Fukushima Daiichi, prefectural government’s policy to have the views four at Fukushima Daini and seven at KK). The of Niigata’s citizens and residents reflected by the electricity generated by these is all transmitted Technical Committee and its two subcommittees. to the Greater Tokyo Area. None is supplied to On March 11, 2011, right when the either of the prefectures where it is produced. Subcommittee into Earthquake and Ground In August 2002, however, it was revealed that Condition was convening, wouldn’t you know it, TEPCO had altered data from its own inspections, the venue underwent prolonged, major shaking. concealing problems in 29 cases. It continued That was the M9.0 Tohoku earthquake and asserting that safety was its “top priority,” but tsunami off Japan’s Pacific coast. that was clearly a lie. In September 2002, Niigata Prefecture, Kashiwazaki City and Kariwa Village (3) Fukushima Daiichi Nuclear Accident all rescinded their agreement for “pluthermal” Verification Work plans at the plant. The following year, in April Niigata’s Technical Committee has turned its 2003, operation of all 17 of TEPCO’s nuclear discussion for the time being to Fukushima reactors was halted. nuclear accident verification work. It has Viewing TEPCO’s concealment of problems as augmented its membership and continues these a serious issue, Niigata Prefecture established the discussions even now. For safe management of “Technical Committee on Nuclear Power Safety KK, it decided that what needed highest priority Management in Niigata Prefecture” (hereinafter, was clarifying the causes and results of the the “Technical Committee”) in February 2003 Fukushima nuclear accident. The four committees with the aim of increasing the prefecture’s investigating the accident, from the Diet, the technical ability when checking KK for safety national government, TEPCO and private citizens, and hazards. Nevertheless, they were unable to submitted their own respective reports, wrapping prevent the disaster resulting from the Chuetsu up their investigations, but Niigata Prefecture offshore earthquake in July 2007. During that was not satisfied with that, and has been trying earthquake, Units 2, 3, 4 and 7 were running, and to clarify all aspects of the Fukushima nuclear they shut down automatically. The other units, accident. 1, 5 and 6, were out of operation for regular The two subcommittees are taking a temporary inspections.

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