TEPCO sat by idly on reports of fires, glitches at nuclear plants

Tokyo Electric Power Co.’s Fukushima No. 2 nuclear power plant
Former worker’s book: TEPCO unfit to operate nuclear plants

Anti-tsunami policy shift key to criminal trial of ex-TEPCO execs
In this March 11, 2011 file photo, waves are seen washing over a 10-meter-high breakwater and approaching the Fukushima No. 1 nuclear plant
The key point of contention in the criminal trial of former top Tokyo Electric Power Co. (TEPCO) executives over the 2011 nuclear crisis will likely be their decisions on tsunami prevention measures after the utility itself estimated in 2008 that tsunami with a maximum height of 15.7 meters could hit its Fukushima No. 1 nuclear plant.
Former TEPCO Chairman Tsunehisa Katsumata and former vice presidents Ichiro Takekuro and Sakae Muto were slapped with mandatory indictments by lay reviewers after public prosecutors twice decided not to press charges. Their trial began on June 30, when all three pleaded not guilty and emphasized that it was impossible for management to predict the nuclear accident.
In his opening statement, lawyer Hiroshi Kamiyama, who has been appointed prosecutor by the court, slammed the TEPCO ex-managers, saying, “After TEPCO learned that over 10-meter-tall tsunami could hit the plant, the company put off countermeasures and irresponsibly continued to operate the facility as-was.”
The key question in the nuclear crisis investigation had been whether the 2002 long-term assessment report by the government’s Headquarters for Earthquake Research Promotion stating that massive tsunami could occur off the Pacific Coast from the Sanriku to the Boso areas, was sufficiently credible to require TEPCO to implement countermeasures. The Tokyo District Public Prosecutors Office in September 2013 dropped a criminal case against the former TEPCO management, arguing that the assessment was “not academically developed enough.”
In response, Kamiya and other court-appointed attorneys argued during the June 30 hearing that those in charge of nuclear power facility management in fact tried to map out tsunami countermeasures based on the 2002 assessment, but TEPCO as a company put off implementing them.
Based on the government’s 2002 assessment, a TEPCO-affiliated company in March 2008 reported to the utility headquarters that tsunami with a maximum height of 15.7 meters could strike the Fukushima No. 1 plant. TEPCO officials at the nuclear power facility management department immediately ordered the affiliated firm to determine how tall a levee was required to prevent flooding of the plant, which stands 10 meters above sea level. The firm reported that a 10-meter-tall seawall would be necessary.
These figures were then reported to then Fukushima plant chief Masao Yoshida and then vice president Muto, who was in charge of the matter at the time. Muto, however, asked the Japan Society of Civil Engineers to re-evaluate the tsunami height estimates, and shelved countermeasures at TEPCO facilities as a whole.
The prosecution also pointed out that this “policy shift” continued to be debated within the utility. A note saying “tsunami prevention measures cannot be avoided” was circulated at a September 2008 meeting, and Yoshida told a February 2009 executive meeting — attended by the three defendants — that “some say tsunami of about 14 meters tall could hit the plant.”
However, lawyers for the former executives argued that contrary to the prosecution’s assertion of “a policy shift” in tsunami countermeasures, TEPCO had not set a particular policy to begin with. They insisted that the 15.7-meter tsunami estimate was a “trial calculation,” squarely denying the prosecution’s argument. Amid this clash, witness testimony on how the matter was understood within the utility’s ranks will be key.
Parties related to civil lawsuits over the nuclear crisis are paying close attention to the criminal trial, as many major points of dispute overlap.
The Maebashi District Court in March handed down the first ruling of the roughly 30 class action law suits filed by nuclear evacuees and other parties, in which the court acknowledged the liability of both TEPCO and the Japanese government. The Chiba and Fukushima district courts are expected to hand down rulings in other civil cases by the end of the year.
Lawyer Hideaki Omori, co-head of the legal team representing those affected by the Fukushima nuclear meltdowns, says that many details have yet to be uncovered, such as what discussions were held within TEPCO over tsunami countermeasures. He adds, “While criminal trials look into individual responsibility, the responsibility of the three defendants, who were at the center of the organization, is equivalent to that of TEPCO.”
TEPCO declined to comment on the criminal trial.
http://mainichi.jp/english/articles/20170701/p2a/00m/0na/031000c
Fukushima trial should clarify why TEPCO execs didn’t act
An artist’s concept of seawalls to protect the Fukushima No. 1 nuclear power plant from tsunami
The first criminal trial over the 2011 Fukushima nuclear disaster is now under way, drawing fresh attention to key questions concerning the devastating accident and its lasting reverberations.
The focus of public attention will be on whether the reams of evidence collected by public prosecutors, along with statements by those in charge, will provide a clearer picture of how the disaster unfolded.
Three former executives of Tokyo Electric Power Co., which operated the crippled Fukushima No. 1 nuclear power plant, pleaded innocent June 30 in the first hearing held at the Tokyo District Court.
They are charged with professional negligence resulting in the deaths of 44 people who had to be evacuated from a hospital near the plant, and injuries of others.
While the Tokyo District Public Prosecutors Office twice decided not to press charges against the three, citing a lack of evidence, independent judicial panels of citizens voted for mandatory indictments against them.
The core question for the trial judge is whether it was possible for them to predict the towering tsunami that inundated the plant, triggering a triple meltdown, and take effective safety measures to prevent the catastrophe.
In his opening statement, the lawyer acting as a prosecutor asserted that the three former TEPCO executives had the “ultimate obligation and responsibility” to ensure the safety of the nuclear facility.
He cited a 2008 estimate by a TEPCO subsidiary involved in the operation of the Fukushima plant that pointed to the “shocking” possibility of the plant being struck by tsunami of up to 15.7 meters. The TEPCO officials proposed that measures be taken to protect the plant from such a tsunami, including the construction of a seawall, but the three executives decided to postpone taking such steps.
The defense team countered by reiterating its argument that it was merely one of many estimates and constitutes no reason to claim that the defendants were able to predict and avoid the accident.
In 2002, a government agency warned that a massive earthquake capable of generating huge tsunami could occur anywhere off the Pacific coast from the northern Sanriku region in Tohoku down to the Boso region in Chiba Prefecture.
The huge 2004 Indian Ocean earthquake and tsunami caused damage to nuclear power facilities in India.
Japanese nuclear regulators at that time called for steps to enhance the safety of nuclear power plants.
Six years since the harrowing accident, there are still many questions that remain unanswered with regard to TEPCO’s responses to these warnings and developments. How seriously did the utility consider additional safety measures? What steps did the company actually take and fail to take? What are the reasons for its decisions?
There is no denying that most of the TEPCO people involved have done little to help clear up the facts. Their behavior has been marked by insincerity.
The three defendants were summoned by the Diet’s committee that looked into the accident as unsworn witnesses and answered various questions in public.
After that, however, they showed no willingness to offer their own accounts of what happened.
Like many other TEPCO executives, the three defendants have, to this day, refused to agree to their statements made in interviews by the government’s investigative committee to be made public.
Criminal trials are held to determine whether the defendants should be held criminally liable.
The rights of the defendants provided by the Constitution and the Criminal Procedure Law should, naturally, be respected. That means there is a limit to what a criminal court can do to clear up the truth.
While recognizing the limitations of what a criminal trial can achieve, we sincerely hope it will shed new light on the accident.
This hope is obviously shared by not just the survivors who have lost their families and hometowns in the accident but also countless others who were affected by the disaster.
The defendants have a duty to help disclose the truth.
In addition to determining whether or not the defendants are guilty of professional negligence, the trial offers an opportunity to reflect deeply on some key questions concerning nuclear power and the related roles of electric utilities and the government; for example, can the safety of nuclear plants be ensured and is there really a viable future for nuclear power generation in this earthquake-prone nation.
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