[NukeNet] Hamaoka Nuclear Power Plant Lawsuit: We Protest this Unjust Verdict

[Citizens' Nuclear Information Center]

Citizens' Nuclear Information Center Media Release

26 October 2007

Hamaoka Nuclear Power Plant Lawsuit: We Protest this Unjust Verdict

This morning the Shizuoka District Court rejected a demand to terminate 
operation of Units 1-4 of the Hamaoka nuclear power plant. During the 
course of the trial, the plaintiffs provided detailed evidence 
regarding safety deficiencies of the plant and the dangers associated 
with earthquake-induced nuclear disasters ("gempatsu shinsai"). 
However, the court's verdict was completely superficial. It essentially 
accepted that if the defendant's (Chubu Electric Power Company) safety 
assessment and safety checks were carried out in accordance with 
government regulations, then all is well. This is a totally 
unjustifiable presumption.

There are numerous reasons why the verdict can be labeled superficial.

* The verdict ignored the recently discovered possibility that a 
Magnitude 9 class earthquake occurs in this region around once every 
1,000 years. Instead, the court accepted that "the estimate of the 
earthquake movement is sufficiently conservative."

* Multiple simultaneous failures occurred during the Chuetsu-Oki 
Earthquake, including deformed pipes, cracks in buildings, a fire in a 
transformer, etc.. However, the court ignored these facts and 
concluded, "It is not possible to say that there is a realistic chance 
of multiple simultaneous deformation and rupture of pipes."

* Concerning plant aging, the court concluded that the plant is safe as 
long as checks and inspections are carried out and parts are replaced 
appropriately. This is despite the fact that it is impossible to 
predict where stress corrosion cracking will occur, or to inspect the 
full length of the piping. The court uncritically swallowed the 
pleading of the defendant.

Over a period of five years the plaintiffs presented evidence 
concerning such matters as: the scale and manner or occurrence of 
earthquakes that should be taken into account; common-cause accidents 
arising as a result of earthquakes; vast numbers of simultaneous 
failures; the plant's safety margin; and the danger of aging of 
important equipment. Although the court dismissed all these as "various 
phenomena that are conceivable in the abstract", the plaintiffs 
provided detailed evidence of the dangers arising from these problems.

It is essential to consider the worst-case scenario for accidents which 
could conceivably occur and to take measures to avoid such accidents. 
We believe that society should adopt the precautionary principle as the 
basis for decision-making on issues such as this.

This verdict fails to protect the life and health of the residents and 
citizens. The plaintiffs and the local residents cannot conclude from 
this that the safety of the Hamaoka nuclear power plant has been 
proved. It would be more reasonable to conclude that this verdict 
invites a nuclear "gempatsu shinsai" disaster.

Contacts:
Hideyuki Ban (Co-Director)+81-3-3357-3800
Philip White (International Liaison Officer) +81-3-3357-3800

For more information on this lawsuit, see the following web sites:
http://www.geocities.jp/ear_tn/
http://www.geocities.jp/ear_tn/071025_HamaokaBrief.pdf

Citizens' Nuclear Information Center
2F-B Akebonobashi Coop, 8-5 Sumiyoshi-cho, Shinjuku-ku,
Tokyo, 162-0065, Japan
Phone: +81-3-3357-3800		Fax: +81-3-3357-3801
Email: white at cnic.jp		Web: http://cnic.jp/english/