Court rejects bid to suspend nuclear reactors in Takahama
March 11, 2022
NAGOYA–The Nagoya District Court on March 10 dismissed a citizens’ request that the government order Kansai Electric Power Co. to halt two reactors at its Takahama nuclear power plant as a safety precaution.
Nine plaintiffs from Fukui, Aichi and three other prefectures filed a lawsuit against the government seeking to suspend the No. 3 and No. 4 reactors at the facility in Takahama, Fukui Prefecture.
They argued that the nuclear power plant’s disaster-prevention countermeasures for dealing with ash from volcanic eruptions are insufficient.
“(The government) did not deviate from its discretion for not having ordered the suspension,” said Presiding Judge Tomohiro Hioki.
After the 2011 triple meltdown at Tokyo Electric Power Co.’s Fukushima No. 1 nuclear power plant, the government’s regulatory authority introduced a new “backfit” provision.
That requires utilities to prepare countermeasures for issues that have emerged after new findings, such as the effects natural disasters can have on their existing nuclear power plants. It also allows the regulator to halt reactors if they do not meet its standards.
This marks the first judicial ruling over the backfit provision.
In June 2019, Japan’s Nuclear Regulation Authority issued backfit orders for seven reactors at three Kansai Electric nuclear power plants, including the No. 3 and No. 4 reactors in Takahama.
The regulator contended that Kansai Electric had not taken sufficient measures against volcanic ash in the event of an eruption at Mount Daisen in Tottori Prefecture.
But it did not order Kansai Electric to halt its reactors on the grounds that there is no imminent risk of eruption.
“Mount Daisen is not categorized as an active volcano, so the NRA’s decision not to order the suspension was not a deviation from or abuse of discretion,” the district court ruling said.
The regulator had decided on its response after it was briefed by Kansai Electric, and did not establish a deadline for completing the countermeasures. On both points, the court ruled that the regulator’s actions were legal.
But on the other hand, the court also accepted some of the arguments made by the plaintiffs.
The presiding judge said that in the current situation, with the anti-volcanic measures not yet completed, the plant “holds realistic possibilities of safety deficiencies” and also “has some risk of receiving significant damage.”
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Secret Plutonium Fuel Shipment Planned for Japan’s Takahama Reactors
Tokyo, 6 June 2017 – With today’s restart of the Takahama 3 reactor in Fukui Prefecture, Greenpeace revealed that the nuclear operator Kansai Electric and the French nuclear company AREVA are planning a secret plutonium fuel shipment from France to the Takahama plant. Plutonium fuel (MOX) reduces the safety of the reactor, increasing both the risk of a severe accident and its radiological consequences. The shipment is scheduled to depart Cherbourg France on 7 July.
This also presents serious security issues, both as it is a potential terrorist target and that the plutonium in the MOX fuel is direct use nuclear weapons material. Due to these risks, the U.S. State Department and other agencies are required to approve the security plan for plutonium shipments to Japan under the terms of the US – Japan Peaceful Nuclear Cooperation Agreement of 1988. The Trump administration has approved this shipment, despite the increasingly unstable conditions in the region.
“The last thing Northeast Asia needs at this time, or at any time, is more nuclear weapons-usable material. Last year, the U.S. removed 331 kilograms of plutonium from Japan due to security risks, while ignoring the 10 tons of material that remained. One year later, at least 500 kg more plutonium is being approved for delivery to Japan. Plutonium is not your normal cargo to be traded as a commodity. It can be used as nuclear bomb material. Japan’s bankrupt plutonium program, and its endorsement by the Trump administration, is a further threat to the peace and security of this troubled region,” said Shaun Burnie, nuclear specialist at Greenpeace Germany in Tokyo.
The shipment comes at a time when Northeast Asia is already destabilized due to threats on the Korean peninsula, the spectre of military conflict, and the increasing risks of nuclear weapons proliferation. Japan’s decades long and multibillion dollar plutonium program has failed to ensure energy security for Japan, but it has led to the nation accumulating over 48 tons of plutonium, 10 of which is stored in Japan, and the rest in the UK and France.
This shipment will consist of at least 16 plutonium fuel (MOX) assemblies, which are planned to be loaded into the Takahama 4 reactor during its next refueling, expected in 2018. The amount of plutonium in the shipment due to leave France next month is estimated to range from between 496-736kg – as little as 5kg is sufficient for one nuclear weapon.
Two lightly armed British vessels, the Pacific Egret and Pacific Heron, are scheduled to leave the French port of Cherbourg on 7th of July, and are expected to arrive in Takahama between mid-August and early September, depending on the route chosen. One of the ships will transport the plutonium fuel, and the other will act as ‘armed escort’.
Both Takahama 3 and 4 already have plutonium MOX fuel in their cores, with 24 and 4 MOX assemblies loaded into each reactor respectively.
“KEPCO’s unjustified restart of the Takahama 3 reactor is made worse by the fact that they are planning a secret plutonium shipment which will increase the amount of dangerous plutonium MOX in their reactors. The Takahama reactors already pose an unacceptable threat to the people of Fukui and Kansai region. This will be compounded by the even greater usage of plutonium MOX fuel,” said Shaun Burnie, Senior Nuclear Specialist with Greenpeace Germany (currently based in Japan).
Due to the severity of the impacts of a nuclear disaster involving MOX fuel, citizens groups, including Greenpeace, have demanded that AREVA release vital safety data on the MOX fuel produced for Japan, including for the Fukushima Daiichi 3 reactor and the Takahama reactors, due to evidence of flawed production and quality control during manufacture.(1) To date, AREVA has failed to release any of the safety data. AREVA also refused to release the same data for MOX fuel loaded into the Fukushima Daiichi reactor 3 in 2000. The AREVA company which has suffered a near meltdown of its business in recent years, is desperate to secure more MOX fuel contracts with Japan, which suffered as a direct consequence of the 2011 Fukushima Daiichi accident leading to the shutdown of the Japanese reactor fleet.
Of the five reactors now operating in Japan, three are operating with varying amounts of plutonium MOX fuel. There is a possibility of additional MOX fuel being in the shipment for other Japanese reactors – Ikata 3 is operating with MOX fuel, and the Genkai 3&4 will operate with MOX fuel if they restart before March 2018.
Notes:
1 – Letter to AREVA Japan Calling for Disclosure of MOX Fuel Quality Control Data, 2016-01-28, and FUNDAMENTAL DEFICIENCIES IN THE QUALITY CONTROL OF MIXED-OXIDE NUCLEAR FUEL, Fukushima City, Japan, March 27th 2000
2 – Tokai plutonium shipment March 2016
http://m.greenpeace.org/japan/ja/high/news/press/2017/pr201706061/#.WTcEEm0pf-M.facebook
Takahama N°3 Reactor Restarted
Kepco restarts second Takahama reactor as Greenpeace warns of French MOX fuel shipment
Security guards stand near a gate at the Takahama nuclear power plant in Takahama, Fukui Prefecture, on Tuesday, prior to the restart of a reactor at the facility.
OSAKA – Kansai Electric Power Co. restarted its Takahama No. 3 reactor Tuesday afternoon, bringing to five the number of nuclear reactors nationwide that have come back online since the March 11, 2011, triple meltdown at the Fukushima No. 1 power plant.
“Today marks an important step in the process to restart Japan’s nuclear reactors. It does not mark the end of efforts to ensure the safety of nuclear power, and we’ll continue to make safety our top priority,” said Kepco President Shigeki Iwane shortly after the 2 p.m. restart.
The No. 3 restart comes less than a month after Kepco turned its No. 4 reactor back on. It also came on the heels of reports that a shipment of uranium-plutonium mixed oxide (MOX) fuel will arrive in Takahama, Fukui Prefecture, in a few months from France for use in the No. 4 reactor next year.
Kepco’s push to fire up the 32-year-old Takahama reactors came with promises it would reduce electricity bills. Electricity from the No. 4 reactor, which went back online last month, will go on sale late next week. Electricity from the No. 3 reactor is expected to be sold from early July, during the hottest part of the summer when electricity demand peaks.
Kepco’s return to nuclear power generation, which accounted for nearly half of its electricity prior to March 11, 2011, takes place as renewable energy sources slowly gain ground.
According to one recent expert tally, renewable energy, including large-scale hydropower, accounted for 14.5 percent of total domestic power generation capacity in fiscal 2015 through March 2016.
In “Sustainable Zone 2016,” a joint analysis of Japan’s renewable energy situation by Chiba University professor Hidefumi Kurasaka and the Institute for Sustainable Energy Policies, it was also noted that during the first half of fiscal 2016, the average ratio of renewable energy produced by the nation’s 10 utilities increased to 15.7 percent of total electricity demand. But the ratio of renewable energy, including large-scale hydropower, at Hokkaido Electric Power Co. and Hokuriku Electric Power Co. reached 32 percent during that same period.
The government’s official energy policy calls for renewables to account for between 22 and 24 percent of the country’s electricity by 2030 and for nuclear power to generate between 20 and 22 percent, on average.
On Tuesday, Greenpeace revealed that plans are moving forward to ship at least 496 kg of plutonium from France in the form of 16 MOX fuel assemblies to Japan for use in the Takahama No. 4 reactor when it is reloaded next year. Greenpeace estimates the shipment will depart Cherbourg, France, early next month and — assuming there are no delays — arrive in Takahama sometime between mid-August and early September.
“Kepco’s unjustified restart of the Takahama 3 reactor is made worse by the fact that they are planning a secret plutonium shipment which will increase the amount of dangerous plutonium MOX in their reactors,” said Shaun Burnie, a Japan-based senior nuclear specialist with Greenpeace Germany. “The Takahama reactors already pose an unacceptable threat to the people of Fukui and Kansai region. This will be compounded by the even greater usage of plutonium MOX fuel.”
Japan restarts reactor No 3 at Takahama nuclear plant
Only a handful of reactors have come back online, due to public opposition, since the Fukushima disaster in 2011. Tuesday’s move comes after court clearance.
Japan’s coast guard patrols in front of the No 3 reactor at the nuclear plant in Takahama, Fukui prefecture, some 350 kilometres west of Tokyo on June 6, 2017
In a small victory for the government’s pro-atomic push, a Japanese utility switched on another nuclear reactor on Tuesday, despite strong public opposition after the 2011 Fukushima meltdown.
The restart of the No 3 reactor at the Takahama nuclear plant brings the number of operational atomic reactors in Japan to five, while dozens more remain offline. Located in Fukui prefecture, the plant which is operated by Kansai Electric Power (KEPCO) is some 350 kilometres (215 miles) west of Tokyo.
Tuesday’s move comes after the utility switched on Takahama’s No 4 reactor last month with the court’s go-ahead, in spite of complaints from local residents over safety concerns. The court also gave the green light to switch on the No 3 reactor.
Japan shut down all of its atomic reactors after a powerful earthquake in March 2011 spawned a huge tsunami that led to meltdowns at the Fukushima nuclear plant.
Fukushima became the worst nuclear accident since Chernobyl in 1986.
Since then, just a handful of reactors have come back online due to public opposition and as legal cases work their way through the courts.
However, Prime Minister Shinzo Abe has aggressively promoted nuclear energy, calling it essential to powering the world’s third-largest economy.
Much of the public remains wary of nuclear power after the disaster at Fukushima spewed radiation over a large area and forced tens of thousands to leave their homes, with some unlikely to ever return.
http://trtworld.com/asia/japan-restarts-reactor-no-3-at-takahama-nuclear-plant-373118
Fukui town mayor floats idea of dry cask storage for nuclear fuel
FUKUI, Japan (Kyodo) — The mayor of a Fukui Prefecture town hosting a Kansai Electric Power Co. nuclear power plant where one of its reactors resumed operations just this month has floated the idea of installing dry cask storage within the plant and keeping ever increasing spent fuel there.
Takahama Mayor Yutaka Nose’s idea, though floated only as an option, is a rare one coming from someone in his position given that nuclear fuel is supposed to be moved out of a power station after it reaches the end of its usefulness after generating electricity.
At the same time, Nose has called for the central government’s greater involvement in projects to build temporary storage facilities for spent nuclear fuel outside nuclear power plants.
While Kansai Electric has said the site for its temporary storage facility to be built outside Fukui would be finalized sometime around 2020 and that the facility would begin being used around 2030, “there is no guarantee that (a municipality) outside the prefecture would agree to host the facility,” Nose said in a recent interview with Kyodo News.
But “it’ll be too late if we start thinking about (what to do with spent fuel) after (spent fuel pools) become full. We need to have a backup plan in case (the temporary storage project) goes nowhere,” he said.
Nose has effectively floated the option of building dry cask storage within the Takahama plant and keeping spent fuel there while at the same time continuing to use existing fuel cooling pools at reactors.
Dry cask storage, where spent fuel is kept in metal containers, “will reduce risks” of accidents, Nose said, on the grounds that such a storage method does not need water or electricity to keep spent fuel cooled.
In the 2011 Fukushima nuclear disaster triggered by a powerful earthquake and tsunami, reactors temporarily lost cooling functions in their spent fuel pools, putting a massive amount of fuel at risk of overheating and exposure.
“I’m responsible for the lives of town residents. Even if it is impossible to attain 100 percent safety, it is natural that we think about reducing risks. Not that we want to actively seek (spent fuel), but we have to think about the reality that (spent fuel) would remain in Takahama town,” he said.
The No. 4 reactor at the four-reactor Takahama plant resumed operations on May 17 amid persistent public concerns over the safety of nuclear power following the 2011 nuclear crisis. The plant’s No. 3 unit is scheduled to go back online in early June, while the remaining two units are expected to remain offline for the foreseeable future.
Cooling pools at the plant are capable of storing a total of 4,400 fuel assemblies but must be kept at less than capacity to allow for fuel exchange work. The pools collectively have about 2,700 assemblies already. If all four reactors begin operating there, the pools will reach their capacity within six to seven years.
https://mainichi.jp/english/articles/20170528/p2g/00m/0dm/052000c
KEPCO has huge responsibility in restarting nuke plants
Utility seeks to restart two reactors in Fukui from mid-May
The Takahama Nuclear Power Plant’s No. 3 reactor, left, and No. 4 reactor are pictured in this file photo taken from a Mainichi Shimbun helicopter in Takahama, Fukui Prefecture, on June 15, 2016.
FUKUI, Japan (Kyodo) — Kansai Electric Power Co. said Tuesday it will seek to restart its two idled reactors in Fukui Prefecture, central Japan, in mid-May and early June, respectively.
Shigeki Iwane, the utility’s president, presented the plan to reboot the two units at the Takahama plant on the Sea of Japan coast when meeting with Fukui Gov. Issei Nishikawa.
“It is correct that (Kansai Electric Power) will take procedures to start operations,” Nishikawa told reporters after the meeting.
Kansai Electric Power will start to load nuclear fuel at the No. 4 unit later this month, eyeing the start of electricity generation in late May while aiming to reactivate the No. 3 reactor in early June after fueling the facility in mid-May, according to the schedule released by the Osaka-based company.
Although Prime Minister Shinzo Abe’s government has been promoting the restart of nuclear reactors across Japan, most of the reactors remain offline amid safety concerns among residents following the Fukushima Daiichi nuclear accident.
The two reactors in Takahama were brought back online in early 2016 after meeting the safety requirements introduced after the 2011 nuclear disaster.
While the No. 4 unit was shut down immediately after its restart in February last year due to a technical problem, the No. 3 reactor was forced to go offline the following month in the wake of an Otsu District Court order that resulted from a lawsuit filed by residents in neighboring Shiga Prefecture.
In March this year, the Osaka High Court struck down the lower court’s decision, making it possible for the two reactors to resume operation.
Among the four units at the Takahama plant, Japan’s nuclear regulators approved June last year the utility’s plan to extend the operation of the Nos. 1 and 2 reactors beyond the government-mandated 40-year service period.
https://mainichi.jp/english/articles/20170426/p2g/00m/0dm/001000c
Residents furious over high court decision to revoke Takahama nuclear plant injunction
Yoshinori Tsuji, right, speaks during a news conference in Osaka’s Kita Ward on March 28, 2017, after the Osaka High Court handed down a decision on the injunction for reactors at Takahama Nuclear Power Plant
OSAKA — A March 28 Osaka High Court ruling that revoked a lower court decision to halt two nuclear reactors in Fukui Prefecture has angered plaintiffs and local residents as the high court effectively rubberstamped the state’s policy of restarting nuclear reactors.
Some 100 people demanding a halt to the reactors at Takahama Nuclear Power Plant gathered before the Osaka High Court on March 28. When they were informed of the ruling shortly after 3 p.m. with attorneys holding up banners that said, “Unjust ruling” and “The court fails to fulfill residents’ wishes,” the plaintiffs let out a sigh of disappointment.
“What are they thinking about?” “This is absurd,” they said, and shouted, “Resist the high court ruling that disregards Fukushima!” as they raised their fists.
Kenichi Ido, the head attorney for the plaintiffs, criticized the ruling during a news conference, with the over-400-page written court decision in his hand, saying, “While it’s this thick, its contents are just a copy of the views of (Takahama nuclear plant operator) Kansai Electric Power Co. and the Nuclear Regulation Authority.”
He added, “After the March 11 disaster, the judiciary is the only actor that can stop the administration that is railroading the resumption of nuclear power. But I sense that it has no self-awareness of its role or responsibility.”
Yoshinori Tsuji, the representative of the residents in the class action lawsuit, expressed frustration over the latest ruling, saying, “The decision was unjust as the high court took the policies of the central government and the utility into consideration.”
Tsuji also said the Otsu District Court’s injunction order handed down a year ago was a groundbreaking decision which reflected on the Fukushima nuclear disaster. “It further legitimized the authority of the judiciary,” he recalled.
Tsuji then slammed the Osaka High Court, saying, “The high court took a decidedly different stance from the district court with regard to listening to the people’s voices. Shame on them.”
http://mainichi.jp/english/articles/20170329/p2a/00m/0na/013000c
Osaka higher court backs restart of halted Takahama reactors
The Takahama reactors site is under 3 miles from Kyoto-fu, 36 miles (58K) from the cultural heritage sites in the ancient capital of Kyoto and closer to the region’s supply of fresh water, Lake Biwa.
Takahama reactors may soon restart after court overturns injunction
Plaintiffs hold banners in front of the Osaka High Court on Tuesday expressing disappointment after the court ruled in favor Kansai Electric over the restart of two Takahama reactors.
OSAKA – The Osaka High Court overturned Tuesday an injunction issued against the restart of Kansai Electric Power Co.’s No. 3 and No. 4 reactors at its Takahama facility in Fukui Prefecture, paving the way for them to be switched back on.
The landmark injunction issued by the Otsu District Court in Shiga Prefecture in March last year cited safety concerns for preventing the reactors from restarting even though they were judged to have met new safety regulations set after the Fukushima No. 1 nuclear crisis.
While the injunction had been a temporary victory for the plaintiffs in Shiga, some had predicted the Osaka High Court would adhere to a more narrow technical view of nuclear safety.
In his ruling, Judge Ikuo Yamashita said the plaintiffs had the responsibility to prove allegations of any specific dangers that would result in restarting the plant, which the judge ruled they had not.
Part of the plaintiffs’ claim relied on the alleged inadequacy of current evacuation plans in the event of an accident. Therefore, starting up the Takahama reactors, located about 60 km from the city of Kyoto, posed a significant risk, they argued.
Yamashita ruled that measures were being taken in Fukui and that official attitudes and efforts had been proactive, so he could not accept the plaintiffs’ claims.
“Kepco showed proof that they drew up emergency response measures based on the largest scale earthquake and tsunami,” the judge ruled. “The judge’s decision is extremely regrettable,”It’s clear with the decision that no progress has been made in terms of learning the lessons of March 11, 2011,” Kenichi Ido, a lawyer for the plaintiffs, said after the verdict was announced. “The attitude of the courts hasn’t changed at all since the Fukushima accident. In particular, the evacuation plans aren’t really being taken into consideration by the courts.”
Yoshinori Tsuji, one of the chief plaintiffs, said: “In America and South Korea, the courts are defying the presidents of both countries. But in Japan, the courts — which were ignoring the wishes of the people to stop nuclear power before March 11, 2011 — fail to reflect on what happened then. The courts follow the wishes of the nuclear power lobby and the government.”
Kansai electric officials welcomed the decision, saying at a Tuesday afternoon press conference in Osaka the utility would move towards preparing to restart, although they did not say when the reactors were expected to go back online.
“With safety as the top priority, the period for restarts is not yet set,” Kepco president Shigeki Iwane said. He added that once the restarts took place, the firm would move to reduce electricity prices.
In Kansai region, reaction to the court’s verdict was mixed. Fukui Gov. Issei Nishikawa, a strong supporter of nuclear power, was relieved with the decision, saying it was a return to a reasonable and correct decision by the court system.
But in neighboring Shiga prefecture, Gov. Taizo Mikazuki said that, given more immediate concerns Japan’s nuclear power industry faces, including spent fuel storage and decommissioning of old reactors, it was the wrong environment to approve reactor restarts. Kyoto Gov. Keiji Yamada emphasized that the utmost had to be done to ensure safety.
Higher court backs restart of halted Takahama reactors
The No. 3 and No. 4 reactors at the Takahama Nuclear Power Plant, from left to right, are pictured in this photo taken from a Mainichi helicopter in Takahama, Fukui Prefecture, on June 15, 2016.
OSAKA (Kyodo) — A Japanese high court on Tuesday revoked a lower court order to halt two nuclear reactors at the Takahama plant in central Japan, accepting an appeal by Kansai Electric Power Co. against the first injunction ever issued in the country to shut operating reactors.
But it is unlikely that the operation of other nuclear reactors in Japan will be resumed soon due to pending legal matters, analysts say.
The decision, made by the Osaka High Court, legally allows Kansai Electric to resume operating the Nos. 3 and 4 reactors at the nuclear power plant on the Sea of Japan coast in Fukui Prefecture. The two reactors have been idled for around a year.
The higher court said that quake-resistance standards were not overestimated under tougher regulations set following the 2011 Fukushima nuclear disaster and that necessary measures have been taken to prevent significant damage of the reactor core.
The latest decision bodes well for Prime Minister Shinzo Abe’s government, which has been promoting the restart of nuclear reactors in a bid to bolster the economy by cutting the cost of fossil fuels and exporting nuclear technology abroad.
Yoshihide Suga, the government’s top spokesman, said at a press conference in Tokyo, “We want Kansai Electric to put top priority on safety and make every effort to obtain understanding from the local government and others involved.”
Kansai Electric President Shigeki Iwane said at a news conference in Osaka that his company has yet to decide when to restart the operation of Takahama’s Nos. 3 and 4 reactors, pledging to “make safety our top priority.”
Iwane also expressed eagerness to push down electric charges as soon as possible after the resumption of the two reactors.
A group of residents in neighboring Shiga Prefecture who won the landmark injunction from the Otsu District Court in March last year are expected to consider countermeasures, including filing a special appeal with the Supreme Court.
Amid widespread concern about the safety of nuclear power following the 2011 Fukushima meltdowns, the residents in Shiga filed a request with the district court in January 2015, seeking an order halting the two reactors at the plant.
On March 9, 2016, the district court ordered operation of the two nuclear reactors to be halted, casting doubts about the utility’s safety measures and Japan’s post-Fukushima nuclear regulations set by the Nuclear Regulation Authority.
Last July, Kansai Electric filed an appeal against a district court decision rejecting its request to suspend the injunction order.
In Tuesday’s decision, the Osaka High Court determined that the post-Fukushima safety measures were “not unreasonable” because they were devised on the basis of the “latest scientific and technical knowledge” that reflects lessons learned from the nuclear disaster.
The utility has criticized the injunction, claiming it was not an objective judgment based on scientific knowledge. It also says the injunction is costing the utility 200 million to 300 million yen ($1.8 million to $2.7 million) more per day to generate power from other fuel.
Kansai Electric removed nuclear fuel from the Takahama reactors between August and September last year given the prolonged court battle.
As of Tuesday, only three of Japan’s 42 commercial reactors nationwide are now operating — the Nos. 1 and 2 reactors at Kyushu Electric’s Sendai plant in Kagoshima Prefecture, southwestern Japan, and the No. 3 reactor at Shikoku Electric Power Co.’s Ikata plant in Ehime Prefecture, western Japan, according to the Agency for Natural Resources and Energy.
On Thursday, the Hiroshima District Court is set to rule on an appeal filed to halt the operation of the No.3 reactor at the Ikata power plant, the first ruling since it resumed operations in August last year.
http://mainichi.jp/english/articles/20170328/p2g/00m/0dm/063000c
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