After court ruling, things are grim for Japan’s nuclear industry
Japan’s nuclear energy policy remains in disarray after court ruling http://asia.nikkei.com/magazine/20160317-THE-LAST-MILE/Politics-Economy/Japan-s-nuclear-energy-policy-remains-in-disarray-after-court-ruling
NAOKI ASANUMA, Nikkei staff writer, Tokyo 17 Mar 16, Five years after the devastating earthquake and tsunami that caused reactors to melt down at Tokyo Electric Power Co.’s Fukushima Daiichi power plant, Japan’s nuclear energy policy remains in disarray. On March 9, the Otsu District Court in Shiga Prefecture ordered Kansai Electric Power to halt the No. 3 and No. 4 reactors at its Takahama nuclear plant in Fukui Prefecture, after taking issue with the power company’s safety protocols regarding earthquakes and tsunamis. The order is the first of its kind suspending the operation of a reactor in service in Japan and has raised questions about who among the many stakeholders — utilities, the central government, local authorities, regulators, residents and courts — has the power to start or stop them.
Kansai Electric shut down the No. 3 reactor the day after the court order, leaving Japan with only two reactors in operation — the No. 1 and No. 2 units at Kyushu Electric Power’s Sendai plant, in Kagoshima Prefecture. The No. 4 reactor at Takahama was already shut down due to problems that occurred soon after it was reactivated in February.
Prior to the ruling, the restart of nuclear reactors had followed a formula of sorts: A power company receives the nod from the Nuclear Regulation Authority after examinations based on the regulator’s new safety standards. The central government then helps local governments of areas within a 30km radius of the plant prepare evacuation plans. After the local governments give their consent, the reactor is then fired up. The formula was upset, however, by 29 Shiga residents living outside the 30km radius, who asked the Otsu court for an injunction.
In handing down its ruling, the court said efforts by Kansai Electric and the Nuclear Regulation Authority to understand the causes of the Fukushima meltdown were insufficient.
“Japan has learned nothing from the Fukushima accident,” said Yotaro Hatamura, professor emeritus at the University of Tokyo, who served as chairman of a government-appointed committee to investigate the disaster. “The reactivation [of reactors] represents nothing but irresponsibility.”
While the Strategic Energy Plan worked out by the government in 2014 calls for reducing reliance on nuclear power “as much as possible,” it positions nuclear energy as an “important baseload power source.” But with lawsuits demanding the suspension of nuclear plants and petitions seeking provisional halts proliferating, a new question in the wake of the Otsu ruling is whether nuclear plants can serve that purpose, given that they may suddenly cease to operate.
The “best mix” of energy sources for 2030, projected by the government last year, puts the ratio of nuclear power at 20% to 22%. Former Economy, Trade and Industry Minister Yoichi Miyazawa said Japan “needs to operate some 35 reactors,” suggesting the difficulty of achieving the target. In a survey by The Nikkei, 60% of people said the reactivation of nuclear power plants should not be promoted.
At the Fukushima plant itself, officials cite progress with the cleanup work.
Court hearing – clash between German Govt and nuclear utilities
German utilities, government clash at nuclear court hearing Reuters 14 Mar 16
*Gov’t confident it will win the case -Minister
* Utilities could claim as much as 19 bln euros
* Final decision to take several months (Recasts, adds comments from RWE, Minister, graphic)
By Christoph Steitz and Tom Käckenhoff KARLSRUHE, Germany, German power firms and government members clashed at a court hearing over the country’s controversial decision to shut down all nuclear plants by 2022, a lawsuit that could allow utilities to claim 19 billion euros ($21 billion) in damages.
In a case that pits a struggling energy industry against the government, Germany’s Constitutional Court will examine the arguments of E.ON, RWE and Vattenfall , who want to be compensated for the closure………http://uk.reuters.com/article/germany-utilities-nuclear-idUKL5N16N2G7
Hanford Nuclear Reservation ordered by federal judge to comply with new deadlines for nuclear waste clean-up
Federal judge sets new deadlines for nuclear waste cleanup at Hanford http://www.bendbulletin.com/localstate/4113014-151/federal-judge-sets-new-deadlines-for-nuclear-waste# The Associated Press /Mar 13, 2016 SPOKANE, Wash. — A federal judge has set new deadlines for cleaning up nuclear waste at the Hanford Nuclear Reservation after Washington state went to court to prod the U.S. Department of Energy over the flagging efforts.
U.S. District Judge Rosanna Malouf Peterson issued the new deadlines in a 102-page order late Friday. Among them: A plant designed to treat low-activity radioactive waste must begin operating by 2022, and a plant to convert the most dangerous waste into glass for burial must be fully operating by 2036.
Washington and Oregon sued the U.S. Energy Department nearly a decade ago over missed cleanup deadlines, and after a settlement, Washington went back to court in 2014, leading to the judge’s order Friday.
Peterson criticized the Energy Department for what she described as a “total lack of transparency” as to the delays. She said that if the department had kept the states better apprised of the status of the cleanup efforts, the states could have sought further funding from Congress to help avert delays.
“The passage of time and the urgency of waste clean-up are inextricablylinked: the longer that DOE takes to satisfy its obligations under the Consent Decree the greater the likelihood of irreversible damage to the environment,” the judge wrote. “No party can ‘win’ this litigation. The public and environment only can ‘lose’ as more time passes without an operational solution to the radioactive waste problems at the Hanford Site.”
The government used the Hanford site during World War II and the Cold War to produce plutonium for nuclear weapons. Hanford’s 586 square miles house over 50 million gallons of nuclear waste in 177 underground tanks, many of which are leaking.
Washington Gov. Jay Inslee and Attorney General Bob Ferguson welcomed the court’s ruling, which they said Saturday will hold federal authorities accountable for the cleanup and which set firmer deadlines than the Energy Department wanted.
“Cleaning up the legacy waste at Hanford is the federal government’s legal and moral responsibility to the Tri-Cities community and the Pacific Northwest,” Inslee said. “I have been repeatedly frustrated by the delays and lack of progress toward meeting key milestones in waste cleanup and treatment. We cannot consider any further delays, and I am pleased that the court clearly agrees.”
Marshall Islands legal case puts nuclear weapons back on the world agenda
Tiny Marshall Islands Taking On 3 World Nuclear Powers In Court http://www.npr.org/sections/thetwo-way/2016/03/07/469521887/tiny-marshall-islands-taking-on-3-world-nuclear-powers-in-court
March 8, 2016 MERRIT KENNEDY The Marshall Islands is on an unlikely mission — trying to press India, Pakistan and the United Kingdom to curb their nuclear programs.
The Pacific archipelago, which was the site of dozens of U.S. nuclear tests in the ’40s and ’50s, is suing the three countries in the U.N.’s International Court of Justice. The Marshall Islands says the three countries haven’t carried out in good faith their obligations to pursue negotiations leading to nuclear disarmament.
It says the U.K. is obligated to do so because it is a signatory to the Nuclear Non-Proliferation Treaty. India and Pakistan haven’t signed the NPT, but the Marshall Islands argues that this principle is sufficiently well-enshrined in international law to be considered customary law.”Nobody expects the Marshall Islands to force the three powers to disarm, but the archipelago’s dogged campaign highlights the growing scope for political minnows to get a hearing through global tribunals,” Reuters reports.
So why isn’t the Marshall Islands suing the U.S., the country that was actually testing its nukes on their territory? The short answer: It tried. As the Two-Way reported when the case was filed in 2014, the island chain attempted to file suit against all nine countries believed to possess a nuclear arsenal:
“Besides the U.S., the Marshall Islands is also suing Russia, China, France and the U.K., which have all signed the Non-Proliferation Treaty, or NPT, as well as four other countries that have never signed — India, Pakistan, North Korea and Israel, which has never acknowledged possessing nuclear weapons. …
“In court documents, the Marshall Islands argues that the 1968 NPT, which did not come into force until 1970, amounts to a compact between nuclear haves and have-nots. Non-weapons states essentially agreed not to try to acquire nuclear weapons in exchange for weapons states moving toward disarmament, the Marshalls says.”
However, only the cases against India, Pakistan and the U.K. are still proceeding. That’s because these are the only three countries that have “made a commitment to respond to suits brought at the ICJ,” Reuters reports. Preliminary hearings against India started on Monday in The Hague, with sessions on Pakistan and the U.K. scheduled in the coming weeks.
The Marshall Islands is pursuing global disarmament as a result of its “particular awareness of the dire consequences of nuclear weapons,” according to court documents.In 2014, the Two-Way reported on the lasting impact of those tests:
“Although islanders were relocated from Bikini and Eniwetok atolls — ground zero for the majority of the tests — three other Marshall atolls underwent emergency evacuations in 1954 after they were unexpectedly exposed to radioactive fallout. The Marshallese say they’ve suffered serious health issues ever since.
“The Marshall Islands were governed by the U.S. until 1979 and won full independence in 1986.”
The International Court of Justice hasn’t issued an opinion on nuclear weapons since 1996. As Dapo Akande, professor of international law at Oxford University, tells Reuters: “The success will be in putting the issue back on the agenda. … This is as much as the Marshall Islands can hope for.”
The Takahama injunction – a damaging blow to Japan’s nuclear industry hopes
The Otsu ruling also calls on the national government to take the lead in formulating evacuation plans for residents within 30 km of a nuclear plant, and not just leave such planning to local governments.
That raises the possibility of further lawsuits seeking injunctions against other reactors on the grounds that the central government has not taken the lead in formulating evacuation plans. Nationwide, there are 135 cities, towns, and villages in 21 prefectures within 30 km of nuclear power plants.
Takahama injunction delivers body blow to Japan’s nuclear power industry http://www.japantimes.co.jp/news/2016/03/10/national/takahama-injunction-delivers-body-blow-to-japans-nuclear-power-industry/#.VuHaZ3197Gh
BY ERIC JOHNSTON OSAKA – Wednesday’s decision by an Otsu District Court judge to slap a provisional injunction on the restart of the No. 3 and 4 reactors at Kansai Electric Power Co.’s Takahama nuclear plant has sent a shock through the nuclear power industry.
Moreover, pro-nuclear politicians fear that the nation’s push to restart as many reactors as possible as quickly as possible has come to a halt.
On the eve of the fifth anniversary of the 2011 disaster, which included the meltdown of three reactors at the Fukushima No. 1 plant and led to the nation suspending its use of nuclear power for an extended period, only two reactors, Kyushu Electric Power Co.’s Sendai No. 1 and 2 reactors, were generating electricity.
The Takahama No. 3 reactor was restarted in January. Kepco officials said it would be shut down in accordance with the court order by Thursday evening. Continue reading
Court injunction stops Takahama nuclear reactors
Court issues surprise injunction to halt http://www.japantimes.co.jp/news/2016/03/09/national/court-issues-surprise-injunction-halt-takahama-nuclear-reactors/ BY ERIC JOHNSTON
STAFF WRITER MAR 9, 2016 OTSU, SHIGA PREF. – In a surprise ruling that is likely to delay efforts to restart nuclear power generation nationwide, the Otsu District Court on Wednesday issued a provisional injunction ordering Kansai Electric Power Co. to shut down its No. 3 and No. 4 reactors at its Takahama facility in Fukui Prefecture.
While Kepco is expected to appeal the ruling, company officials said at a news conference that was hastily called after the decision that they would begin operations to shut down the No. 3 reactor on Thursday morning, and expected to complete the process by the evening.
The No. 3 reactor was restarted in January, and the No. 4, which had been scheduled to restart last month, was delayed due to technical problems.
“There are doubts remaining about both the tsunami response and the evacuation plan,” the ruling said.
The Otsu ruling comes just two days before the fifth anniversary of the Great East Japan Earthquake and the resulting tsunami and triple meltdown at Tokyo Electric Power Co.’s Fukushima No. 1 plant.
The jubilant plaintiffs expressed surprise and relief following the ruling, which emphasized technical problems regarding the two reactors, including issues concerning an outside power supply source in the event of an emergency. The ruling also raised concerns over the emergency protocol.
“This is a huge victory for the safety of children, people with disabilities, and the society and economy of not only the Fukui-Kansai region of Japan but the entire country,” said Aileen Mioko Smith of Kyoto-based Green Action, an anti-nuclear group. Smith was not a plaintiff in the case.
The lawsuit that sought the injunction was filed by Shiga residents who are fearful that an accident at the Takahama plant, which lies less than 30 kilometers from the northern part of Shiga Prefecture, would impact Lake Biwa, the nation’s largest freshwater body and the source of water for about 14 million people in the Kansai region, including Kyoto and Osaka.
The judgment — the first of its kind affecting reactors that were fired up under strengthened safety regulations following the March 2011 disaster — is a blow to the government’s renewed push for atomic power. The ruling could also cast doubt on the stringency of the new safety regulations.
Chief Cabinet Secretary Yoshihide Suga, however, told reporters following the ruling the government would not change its basic stance of promoting restarts.
In a separate case concerning the two reactors, the Fukui District Court issued an injunction last April banning Kansai Electric from restarting the units, citing safety concerns.
But the same court later lifted the injunction in December, allowing the utility to resume operations at both reactors. Plaintiffs appealed the court decision to the Kanazawa branch of the Nagoya High Court, where the case is pending.
Under the revamped safety regulations, which took effect in 2013, utilities are for the first time obliged to put in place specific countermeasures in the event of severe accidents such as reactor core meltdowns and huge tsunami — which was the initial cause of the crisis at the Fukushima nuclear plant.
Pacific islands take on the world’s nuclear powers in court action
Tiny Marshall Islands take on world nuclear powers in court, SMH, March 5, 2016 Amsterdam: A small chain of Pacific islands will face off against Britain, India and Pakistan in court next week to try and get an international ruling ordering them to start work on dismantling their nuclear arsenals.
While nobody expects the Marshall Islands to force the three powers to disarm at Monday’s hearing, the archipelago’s dogged campaign at the International Court of Justice highlights the growing scope for political minnows to get a hearing through global tribunals.
All three are expected to argue that the Marshall Islands’ claims are beyond the Hague court’s jurisdiction and should be thrown out. But many activists and academics believe getting them into court is a victory in itself.
The island republic, a US protectorate until 1986 and home to just 50,000 people, was the site of 67 nuclear tests by 1958, the health impacts of which linger to this day……
In another David-and-Goliath case, the Pacific island state of Palau, that is threatened by rising sea levels, is pushing for the United Nations General Assembly to ask the ICJ for an advisory opinion on the obligation of the world’s nations to combat climate change. http://www.smh.com.au/world/tiny-marshall-islands-take-on-world-nuclear-powers-in-court-20160305-gnbacp.html#ixzz429kkshuW
France sued by Geneva over dangerous and polluting nuclear station
Geneva sues France over ‘dangerous’ nuclear plant, The Local, 03 Mar 2016 Geneva is taking legal action over a French nuclear reactor for “endangering lives and polluting water”. Some 70 kilometres from Geneva as the crow flies, Bugey, in the Ain department, is one of France’s oldest nuclear power plants, having come into service in 1972.
The site creates about 4.5 percent of France’s electricity using pressurized water reactors that harness water from the nearby Rhône River.
It has been the subject of controversy before, notably in 2013 when Greenpeace activists broke in to the plant to highlight alleged security weaknesses at the facility.
The current Swiss legal action is a joint initiative by Geneva’s city and cantonal authorities, which have teamed up on an issue that has preoccupied the region for some time, reports Swiss daily 24 Heures.
Back in 2012, the canton placed an official objection to French energy company EDF’s authorization to create a nuclear waste depot at the Bugey site, but the complaint was rejected by the French government. In March 2015 the city council engaged Corinne Lepage, environmental law specialist and a former French minister, to devise a legal strategy calling for the plant to be shut down.
This fresh Swiss campaign against Bugey, led by Lepage, comes as Switzerland decides to shut down one of its own nuclear plants, at Mühleberg.
The reactor in the canton of Bern will be disconnected from the Swiss electricity grid in 2019 and will be finally put out of service by September 2020 at the latest, its owner BKW Energy announced to the press on Wednesday.
Like Bugey, Mühleberg also dates from 1972, making it one of the oldest nuclear plants in the world.
No age limits
However, despite the old age of some of Switzerland’s nuclear installations, their lifespan should not be limited by law, the federal government said on Wednesday.
On Wednesday the Swiss parliament voted against a motion to set an age limit for nuclear plants………
Worse than before Fukushima’
Quashing the proposal angered some on the political left, however, including president of the Greens, Adèle Thorens.
Speaking to Le Matin, she said: “Instead of moving away from nuclear power it’s been decided to prolong the life of nuclear plants instead.”
Worse, she said, was the fact that parliament “had refused the recommendations of our own monitoring organization!”
“We are now in a security situation worse than before Fukushima,” she added. “That’s the incredible paradox of our energy strategy.” http://www.thelocal.ch/20160303/geneva-sues-france-over-dangerous-nuclear-plant
Court case will unveil ‘the hidden truths’ of the Fukushima nuclear meltdown
Trial in Japan will delve into ‘the hidden truths’ of the Fukushima nuclear meltdown, LA Times, Jake Adelstein, 29 Feb 16, Three former executives of the Tokyo Electric Power Co. were indicted Monday on charges of failing to take measures to prevent the disaster at the Fukushima Daiichi nuclear power plant in March 2011, the Tokyo prosecutor’s office announced.
The accident resulted in a triple meltdown that displaced more than 100,000 people and raised alarms about nuclear energy around the world. The indictment says it also caused deaths and injuries.
The trial will center on whether key Tokyo Electric Power Co. executives can be held criminally responsible for what the Japanese parliament’s Fukushima Nuclear Accident Independent Investigation Commission called “a man-made disaster.”
Tsunehisa Katsumata, 75, chairman of Tokyo Electric Power Co., or Tepco, at the time of the accident, and two former vice presidents — Sakae Muto, 65, and Ichiro Takekuro, 69 — were indicted on charges of professional negligence resulting in death and injury. A court-approved lawyer will act as the prosecutor in the trial.
The prosecutors office’s announcement noted that the six-reactor plant, located on the Pacific coast, was disabled after tidal waves triggered by the massive earthquake on March 11, 2011, flooded power supply facilities, which were unprotected, and crippled reactor cooling systems.
The Nos. 1 to 3 reactors suffered fuel meltdowns, while hydrogen explosions damaged others.
The indictment blames the three former executives for injuries to more than 10 people from hydrogen explosions at the plant, as well as the deaths of 44 patients forced to evacuate from a nearby hospital.
The indictment does not hold Tepco executives responsible for the deaths of two workers who had rushed to the turbine room of the No. 4 reactor after the earthquake. Autopsies suggested they were killed by the impact of the tsunami.
All of the former executives will probably plead not guilty, Japanese media reported……
The Tepco prosecution has been a long time coming. Last July, the Tokyo Prosecutorial Review Board No. 5 decided to mandate that the three be charged with professional negligence for their handling of the disaster, overturning a 2013 decision by prosecutors not to indict them.
“This trial will take quite a long time but I feel that ultimately they will be found guilty,” lawyer Hiroyuki Kawai, who was instrumental in seeing that Tepco officials faced prosecution, said in an email. “The hidden truths of what really caused the Fukushima nuclear accident keep coming to light, one after another.”……..
Kawai said the Fukushima disaster was a clear demonstration that Japan, which is located in the so-called Ring of Fire, with frequent seismic activity, was unsafe for nuclear power……..http://www.latimes.com/world/asia/la-fg-japan-tepco-fukushima-20160229-story.html
3 ex-TEPCO execs face the law
to be indicted Mon. over Fukushima nuclear disaster February 26, 2016 (Mainichi Japan) TOKYO (Kyodo) — Three former executives of Tokyo Electric Power Co. will be indicted Monday for allegedly failing to take measures to prevent the tsunami-triggered crisis at the Fukushima Daiichi nuclear complex, a lawyer in charge of the case said Friday.
The three, who will face charges of professional negligence resulting in death and injury, are Tsunehisa Katsumata, 75, chairman of TEPCO at the time, and two former vice presidents — Sakae Muto, 65, and Ichiro Takekuro, 69.
Prosecutors decided not to indict the three in September 2013, but the decision was overturned in July 2015 by an independent committee of citizens that mandated the three be charged on the grounds they were able to foresee the risks of a major tsunami prior to the disaster.
Source close to the matter said the three will be indicted without being taken into custody.
But the trial to look into the criminal responsibility of the then key TEPCO figures is unlikely to start by the end of the year, as preparations to sort out evidence and points of issues apparently require a considerable amount of time, they said…….
The Committee for the Inquest of Prosecution has said the former executives received a report by June 2009 that the plant could be hit by tsunami as high as 15.7 meters and that they “failed to take pre-emptive measures knowing the risk of a major tsunami.”
It also blamed the three for the injuries of 13 people, including Self-Defense Forces members, when hydrogen explosions occurred at the plant and the death of 44 hospital patients who evacuated amid harsh conditions…….http://mainichi.jp/english/articles/20160226/p2a/00m/0na/005000c
More about Florida lawsuit over alleged unlawful nuclear fees
FPL, Duke Energy sued over alleged unlawful nuclear fees http://protectingyourpocket.blog.palmbeachpost.com/2016/02/23/fpl-duke-energy-sued-over-alleged-unlawful-nuclear-fees/
The suit filed in U.S. District Court for the Southern District of Florida accuses Duke Energy and FPL of overcharging through alleged unconstitutional price hikes that increase customers’ electricity bills to fund nuclear construction costs.
Since 2008 the Florida Public Service Commission has authorized the two utilities to collect more than $2 billion in nuclear costs from customers. The lawsuit alleges that Florida’s nuclear cost recovery system violates the Commerce Clause and is preempted by the Atomic Energy Act of 1954 and the Energy Policy Act of 2005 under the Supremacy Clause.
“These two utilities have racked up huge expenses with nuclear power plant projects – some of which they completely abandoned – and have left ratepayers holding the bag,” said Steve Berman, managing partner of Hagens Berman. “We believe the consumers in this instance are being forced to pick up the tab for Duke Energy Florida and FP&L in violation of their constitutional rights.”
To read the lawsuit, go tohbsslaw.com/uploads/case_downloads/florida_energy/fpandlanddukeenergyflorida_class_action_lawsuit_02-22-16.pdf
Juno Beach-based FPL has 4.8 million customer accounts, and Duke Energy Florida, headquartered in St. Petersburg, has 1.7 million customer accounts.
The suit seeks relief for anyone who is a customer of either of the utility companies, including reimbursement from the companies for costs passed onto the customers to fund the companies’ nuclear projects, a declaration binding on defendants that Florida’s Nuclear Cost Recovery System and all nuclear cost recovery orders issued under it are unconstitutional and void, and an order enjoining defendants from further unlawful charges.
The named plaintiffs are William Newton, a Duke Energy customer who resides in Clearwater and is deputy director of the Florida Consumer Action Network and Noreen Allison of Naples, an FPL customer since 1991 and a retired U.S. National Park Service worker.
The lawsuit alleges that since Nov. 12, 2008, Duke and FPL ratepayers have been forced to pay “unlawful charges” to fund various nuclear power plant projects.
Duke abandoned all of its nuclear projects in 2013, and FP&L’s proposed expansion of its Turkey Point plant south of Miami continues to be bogged down in red tape, according to the complaint. FPL is seeking a license to build two more nuclear units, 6 and 7 at Turkey Point.
FPL operates two nuclear units at Turkey Point and two at its St. Lucie plant on Hutchinson Island.
The suit lists as an example that Duke abandoned a nuclear power plant in Levy County, which reportedly cost Florida ratepayers $1.3 billion, and that full amount has not yet been collected.
The Nuclear Cost Recovery System facially discriminates against electricity producers outside of Florida and violates the Constitution’s dormant Commerce Clause, the lawsuit contends.
Legal challenge to Florida utilities’ Nuclear Cost Fees
Lawsuit Challenges Florida Utilities’ $2B Nuclear Cost Fees By CURT ANDERSON, abc, AP LEGAL AFFAIRS WRITER MIAMI — Feb 23, 2016, A federal lawsuit has been filed challenging $2 billion in fees charged by Florida’s two largest electric utilities for nuclear plant projects, some of which were never completed.
The proposed class-action lawsuit filed Monday seeks to stop the fees and recover unspecified damages for about 6.4 million customers of Florida Power & Light and Duke Energy. The fees were imposed on ratepayers under a law passed in 2006 by the Legislature and implemented by the state Public Service Commission.
The suit contends that the law violates the U.S. Constitution’s commerce clause by discriminating against other out-of-state energy producers and that it is pre-empted by federal energy and nuclear laws. It also claims Florida customers are improperly charged for nuclear projects that can be subject to huge cost overruns or that are never built.
One example cited in the lawsuit is Duke’s plan to build two new reactors in Levy County, which enabled the utility to begin collecting recovery fees in 2008. Even though the project was abandoned in 2013, Duke can keep all the fees it has collected plus other amounts deemed prudent by state regulators.
“These two utilities have racked up huge expenses with nuclear power plant projects — some of which they completely abandoned — and have left ratepayers holding the bag,” said attorney Steve Berman, managing partner at Seattle-based Hagens Berman, which filed the lawsuit in South Florida federal court.
Berman’s firm and the nonprofit Institute for Southern Studies say other states, including Georgia and Louisiana, have laws similar to that in Florida allowing utilities to collect such fees…….
According to state records, Duke Energy has collected more than $1.2 billion in nuclear cost recovery fees since 2008. For FPL, the total tops $814 million.
If the lawsuit is certified as a class action, it could eventually repay millions of Florida customers of the two utilities a portion of the fees they have been charged under the law. The lawsuit also asks U.S. District Judge William Dimitrouleas of Fort Lauderdale to halt further collection of the fees by declaring the law unconstitutional. http://abcnews.go.com/US/wireStory/lawsuit-challenges-florida-utilities-2b-nuclear-cost-fees-37145865
USA govt’s position: its nuclear companies should be exempt from civil or criminal liability
How American Penalties Dwarf the Liability US Nuclear Firms Will Face in India, The Wire BY AMIT BHANDARI, INDIASPEND.ORG ON 21/02/2016 A $48-billion (Rs 3.26 lakh crore) penalty claimed by the US government from Volkswagen for cheating on diesel-car emissions is about 200 times as large as the $225 million (Rs 1,500 crore) insurance pool set up by Indian insurance companies to compensate US nuclear companies for mishaps in India.
If a US nuclear company were to build a reactor in India that suffered a catastrophe, and people were to die in India, the US government’s position seems to be that American suppliers shouldn’t face
. The US believes the Indian civil nuclear liability law, which calls for both penalties, is unduly harsh. Rather than say so directly, US officials keep repeating that the “Indian law is inconsistent with the international liability regime.”
The Indian civil nuclear liability law holds the equipment supplier responsible for any incident caused by the supplier or its employees. The Indian liability law differs from those of other countries because it was drafted keeping in mind the 1984 Bhopal tragedy – where despite 5,000 deaths and effects across generations, no one was held criminally liable.
Although the Indian government wants to protect US nuclear companies against the Indian liability law, critics argued that these companies are using India’s eagerness to avoid any liability, if something goes wrong…….
Indian firms also fined in the US
While the US nuclear industry wants to avoid any liability in India for acts of omission or commission, Indian companies have often been slapped with large fines for violations of US law.
Fukushima evacuees urged to individually file suits against TEPCO
Lawyer urges Fukushima evacuees to individually file suits against TEPCO, Mainichi, 19 Feb 16— A Kyoto District Court ruling on Feb. 18 that ordered Tokyo Electric Power Co. (TEPCO) to pay a man in his 40s and his family redress for damages due to voluntary evacuation has drawn mixed reactions from voluntary evacuees and other parties. The ruling marked the first time that TEPCO, the operator of the disaster-stricken Fukushima No. 1 Nuclear Power Plant, was deemed responsible for damages stemming from voluntary evacuation by local residents……..
Evacuees from the Fukushima nuclear disaster have filed class action lawsuits across the country. Akiko Morimatsu, 42, co-leader of a national coalition of groups of plaintiffs in Fukushima nuclear disaster lawsuits, fled from Koriyama to Osaka with her two children. She says, ”The ruling is epoch-making for ordering a far bigger amount of compensation than the ADR norms by taking individual circumstances of voluntary evacuees into consideration. If many people raise their voices in the future, the reality of damages will come to light more clearly.”
But she expressed her displeasure with the ruling in that it limited the reasonable period of voluntary evacuation to the end of August in 2012, saying, ”It’s wrong because it’s based on government propaganda.” The ruling reflects a decision by the governmental Dispute Reconciliation Committee for Nuclear Damage Compensation to set the deadline for local residents to continuously evacuate rationally, arguing there was not enough information about dangers from the nuclear disaster up until that deadline.
Violation notices issued to Nuclear Waste Partnership and Los Alamos National Security
Department of Energy Cites Nuclear Waste Partnership, LLC and Los Alamos National Security, LLC for Violations Related to Worker Safety and Health and Nuclear Safety Energy.Gov 19 Feb 16 WASHINGTON, D.C. – The U.S. Department of Energy (DOE) today issued a Preliminary Notice of Violation (PNOV) to Nuclear Waste Partnership, LLC (NWP) for violations of DOE worker safety and health and nuclear safety requirements. Concurrently, DOE’s National Nuclear Security Administration (NNSA) issued a PNOV to Los Alamos National Security, LLC (LANS) for violations of DOE’s nuclear safety requirements. Issuance of these PNOVs marks the completion of DOE’s investigations and enforcement process regarding two events in 2014 at DOE’s Waste Isolation Pilot Plant (WIPP).
NWP is the management and operating contractor for WIPP, located in Carlsbad, New Mexico. LANS is the management and operating contractor for NNSA’s Los Alamos National Laboratory (LANL), located in Los Alamos, New Mexico. Worker safety and health and nuclear safety are priorities for the Department, and DOE’s enforcement program, implemented by the Office of Enterprise Assessments’ Office of Enforcement on behalf of the Secretary of Energy, supports these priorities by holding contractors accountable for meeting regulatory requirements and maintaining a safe and healthy workplace.
The violations by NWP at WIPP are associated with two events that occurred in February 2014. The first event involved a fire in a salt haul truck in the WIPP underground, and the second event involved a radiological release. The violations by LANS at LANL are associated with processes used by LANS to package and remediate transuranic waste drums, one of which has been linked to the WIPP radiological release.
The NWP PNOV cites four Severity Level I violations and seven Severity Level II violations related to worker safety and health and nuclear safety requirements enforceable under Title 10 C.F.R. § 851, Worker Safety and Health Program; 10 C.F.R. § 820.11, Information requirements; 10 C.F.R. § 830, Nuclear Safety Management, and 10 C.F.R. § 835, Occupational Radiation Protection. The LANS PNOV cites two Severity Level I violations and two Severity Level II violations related to nuclear safety requirements enforceable under 10 C.F.R. § 830.
In FY 2014, actions taken by DOE and NWP’s inability to earn fee resulted in NWP failing to receive 93 percent of the available fee, or approximately $7.6 million. NNSA reduced the total contract fee that was awarded to LANS by more than 90 percent, or approximately $57 million, with most of this reduction due to deficiencies in the processing and handling of transuranic waste and the resultant impact on operations at WIPP. NNSA also reduced the potential length of the LANS contract by a total of 2 years. Due to these significant adverse contract and fee actions taken against NWP and LANS, DOE is proposing no civil penalties for the violations cited in the two PNOVs………..http://energy.gov/articles/department-energy-cites-nuclear-waste-partnership-llc-and-los-alamos-national-security-llc
1 This Month
26 April – Chernobyl: Inside the Meltdown airs on National Geographic on Sunday 26th April from 4pm
29 April – Nuclear Expert Webinar #1 – Radiation Impacts on Families with Mary Olson and Cindy Folkers
- 12:15 PM MT – 1:45 PM MT
- Location: Virtual – REGISTER TODAY
4 May -West Suburban Peace Coalition to discuss Iran war at May Educational Forum
Monday, May 4, 7:00 – 8:00 PM Central Standard Time
Title: : How Trump’s Narrative Tries to Shape the Reality of the War on Iran.
Contact Walt Zlotow, zlotow@hotmail.com 630 442 3045 for further information
14 May – online event From Bombs to Data Centres: the Face of Nuclear Colonialism
Pine Ridge Uranium is the real threat, not Tehran- Tell Burgum: Stop the Extraction.
Chernobyl: The Lost Tapes – A good documentary on Chernobyl on SBS available On Demand for the next 3 weeks– https://www.sbs.com.au/ondemand/tv-program/chernobyl-the-lost-tapes/2352741955560
To see nuclear-related stories in greater depth and intensity – go to https://nuclearinformation.wordpress.com
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