JAPAN ATOMIC INDUSTRIAL FORUM, INC.

for Japanese

ATOMS in JAPAN

4 July, 2018

Court of Second Instance Approves Operation of Ohi NPPs

In a lawsuit brought by an anti-nuclear group demanding that the Kansai Electric Power Co. (Kansai EP) halt operation of its Ohi-3 and -4 Nuclear Power Plants (NPPs) in Ohi Town, Fukui Prefecture, the Kanazawa Branch (Presiding Judge Masayuki Naito) of the Nagoya High Court on July 4 reversed the order of the Fukui District Court, which had found for the original plaintiff and prohibited operation – ruling on appeal against the anti-nuclear group.

Ohi NPPs

Since issuance of new regulatory standards in the wake of the accident at Fukushima Daiichi NPPs, anti-nuclear groups have been coordinating their efforts and acting strategically. Across the country they filed numerous lawsuits and requests for temporary injunctions prohibiting the restarting of NPPs. Because some district court (first instance) judgments were rendered against restarts, a ruling this time at the level of a high court was a matter of great interest.

In the lower court decision on the Ohi NPPs rendered in May 2014, a halt was ordered to NPP operations on the basis of there being “specific risks of losing cooling capability for the reactors in an earthquake and leakage of radioactive substances from spent nuclear fuel.” In an earlier appeal hearing before finalization, however, whether or not the prediction of standard ground motion (Ss) – a factor in seismic design – had been appropriate was the major point of contention.

The plaintiff argued that Kansai EP’s method of prediction of standard ground motion (Ss) was inappropriate and the risk was underestimated. Insisting that its method had been appropriate, Kansai EP said it had used the most severe assumptions based on a geological survey and had “confirmed that safety capability could be maintained.”

The Ohi-3 and -4 NPPs were restarted one at a time beginning last March. Kansai EP reduced its power rates in July using funds generated from reduced fuel costs as a result of the NPP restarts and more.

Historically, unless an “order of injunction“ is confirmed by the Supreme Court, operation of NPPs remains possible. Anti-nuclear groups have thus become more procedurally clever, preferring to employ the weight of a “provisional disposition” whereby operation of NPPs is halted at the moment a court decision is made.

Comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.

SNS facebooktwitter

NPPs Map

Video

TAYLOR WILSON meets JAPAN

7 May, 2018
TAYLOR WILSON meets JAPAN04:28

Recent News

6 July, 2018
NRA Draft Report: Tokai-2 NPP Complies with New Regulatory Standards
6 July, 2018
Strategic Energy Plan Approved by Cabinet: FEPC Chairman Calls It “Key Policy of the Nation”
4 July, 2018
Court of Second Instance Approves Operation of Ohi NPPs
29 June, 2018
JAIF President Personally Sad to See Fukushima Daini Go
25 June, 2018
LDP Diet Caucus Delivers Strategic Energy Plan Proposal to METI Minister, Calling for Early NPP Restarts and New NPP Construction
21 June, 2018
JAIF Holds General Assembly: Chairman Imai Welcomes JAIF’s Role as “Control Tower” to Strategically Develop Nuclear Human Resources
20 June, 2018
Fukui Governor Castigates NRA Chairman over Slow Examinations
20 June, 2018
New Association to Be Launched in July, with Ei Kadokami at the Helm
15 June, 2018
Fukushima Daini NPPs to Be Decommissioned as Well
12 June, 2018
Cabinet Approves FY2017 White Paper on Energy Policy, Including Overview from Mid-1800s to 2050
▲TOP