{"id":1996,"date":"2016-06-20T01:19:15","date_gmt":"2016-06-20T00:19:15","guid":{"rendered":"http:\/\/www.jaif.or.jp\/en\/?p=1996"},"modified":"2016-06-21T00:55:34","modified_gmt":"2016-06-20T23:55:34","slug":"otsu-district-court-upholds-temporary-injunction-against-takahama-34-keeping-it-closed","status":"publish","type":"post","link":"https:\/\/www.jaif.or.jp\/en\/news\/1996","title":{"rendered":"Otsu District Court Upholds Temporary Injunction against Takahama 3&4, Keeping It Closed"},"content":{"rendered":"

According to the Civil Provisional Remedies Act, which prescribes the procedures for the temporary injunction, there can be no further appeal against the decision related to the stay of execution. As for the future judgment of whether or not to allow the reactors to continue operating, Kansai EP is currently appealing for the annulment of the original March 9 decision<\/a>, with the related hearings being simultaneously carried out at the same court.<\/p>\n

Judge Yamamoto presided over the temporary injunction in March, and is also in charge of the hearings related to Kansai EP\u2019s objections. Those proceedings have already completed their initial hearings stage, with the first interrogation having taken place on May 10, and prospects are for a judgment to be reached by the district court shortly. That decision, once made, can be appealed to the Osaka High Court.<\/p>\n

The Otsu District Court, in its March decision relating to Takahama-3 and -4, identified issues with the reactors\u2019 tsunami countermeasures and evacuation plans, as well as problems related to design philosophy and anti-seismicity, based on lessons learned from the disaster at the Fukushima Daiichi Nuclear Power Plants owned by the Tokyo Electric Power Co. (TEPCO). It concluded that there was a \u201cstrong risk\u201d that \u201cresidents\u2019 personal rights\u201d would \u201cbe infringed.\u201d<\/p>\n

In its appeal, Kansai EP had declared that its safety measures were \u201calready proven in detail,\u201d and that the district court\u2019s decision was \u201ctotally unacceptable\u201d as it lacked any \u201cbasis on scientific or technological knowledge.\u201d<\/p>\n

Additionally, decisions for a temporary injunction take effect immediately, unlike lawsuit judgments. The Civil Provisional Remedies Act prescribes that the execution of a decision can be temporarily lifted only in cases in which damage occurs \u201cthat cannot be compensated for.\u201d Kansai EP asserted that its daily losses stemming from its inability to operate the two reactors amount to some JPY 300 million (around USD 2.88 million at USD 1.00 = JPY 104.16).<\/p>\n

Kansai EP halted the operation of Takahama-3 on March 10, one day after district court\u2019s decision. Takahama-4 was already off line, having been shut down one month earlier because of trouble occurring right after its operation had been resumed.<\/p>\n","protected":false},"excerpt":{"rendered":"

According to the Civil Provisional Remedies Act, which prescribes the procedures for the temporary injunction, there can be no further appeal against the decision related to the stay of execution. As for the future judgment of whether or not to allow the reactors to continue operating, Kansai EP is currently appealing for the annulment of […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1,6,8,7],"tags":[345,45,20,19,18,443,284,285,167],"class_list":["post-1996","post","type-post","status-publish","format-standard","hentry","category-news","category-npps","category-policies","category-regulation-safety","tag-court","tag-fukui","tag-kansai","tag-nra","tag-restart","tag-shiga","tag-takahama-3","tag-takahama-4","tag-unscientific"],"acf":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/www.jaif.or.jp\/en\/wp-json\/wp\/v2\/posts\/1996","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.jaif.or.jp\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.jaif.or.jp\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.jaif.or.jp\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.jaif.or.jp\/en\/wp-json\/wp\/v2\/comments?post=1996"}],"version-history":[{"count":1,"href":"https:\/\/www.jaif.or.jp\/en\/wp-json\/wp\/v2\/posts\/1996\/revisions"}],"predecessor-version":[{"id":1997,"href":"https:\/\/www.jaif.or.jp\/en\/wp-json\/wp\/v2\/posts\/1996\/revisions\/1997"}],"wp:attachment":[{"href":"https:\/\/www.jaif.or.jp\/en\/wp-json\/wp\/v2\/media?parent=1996"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.jaif.or.jp\/en\/wp-json\/wp\/v2\/categories?post=1996"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.jaif.or.jp\/en\/wp-json\/wp\/v2\/tags?post=1996"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}