VOX POPULI: Power company execs should think of liability if accident occurs

July 19, 2022
I see something akin to chaos in the notably varied conclusions different courts reached in their verdicts of the 2011 nuclear accident at the Fukushima No. 1 nuclear power plant, which Tokyo Electric Power Co. operates.
Some courts ruled the government’s long-range assessment, which pointed out at an early date the possibility of a major tsunami, was scientifically reliable, while others raised their doubts.
Some verdicts severely questioned the responsibility of plant operators for failing to implement tsunami countermeasures, while other courts ruled that the government could not be held responsible as a regulatory authority because the disaster would have occurred no matter what countermeasures were in place.
Judges are human. As long as their decisions are made independently, I believe it is only natural that their opinions vary.
But as in a kaleidoscope where ordered patterns are created out of disorder, it may be possible to see a broad pattern emerge from the chaotic jumble of diverse court decisions.
When an accident occurs at a nuclear power plant, the government’s responsibility is not questioned too severely, but the utility and its executives are made to pay a huge price.
The Tokyo District Court on July 13 ordered former TEPCO Chairman Tsunehisa Katsumata and three other former top executives to pay 13 trillion yen (about $94 billion) in damages.
If this ruling holds, the defendants will probably have to sell off their entire personal assets and, if necessary, eventually file for personal bankruptcy. That is the sheer size of the compensation they will have to pay.
The industrial-bureaucratic-academic complex dealing with nuclear power is dubbed Genshiryoku Mura (Nuclear power village) in Japanese. The “villagers” share common interests, but they do not share a common destiny.
I wonder how TEPCO’s current executives feel about the reality that has emerged from the court rulings to date.
And the government, whose destiny remains independent of the village’s, has started calling louder for nuclear power plants to be brought back online.
I respectfully suggest to utility executives that they think very carefully, as many times as needed, about how much 13 trillion yen actually is.
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