High Court Nixes Petition for Halt to Genkai N-Reactors

July 10, 2019

Fukuoka- A Japanese high court upheld on Wednesday a lower court ruling that rejected a petition for an injunction to halt the operations of two reactors at Kyushu Electric Power Co.'s Genkai nuclear power plant in Saga Prefecture, southwestern Japan.

Fukuoka High Court dismissed an appeal by a group of 173 residents of 16 prefectures, including Saga and neighboring Fukuoka, against the decision by Saga District Court in 2017.

The Genkai No. 3 and No. 4 reactors passed Nuclear Regulation Authority screenings under new safety standards introduced in the wake of the March 2011 meltdowns at Tokyo Electric Power Company Holdings Inc.'s Fukushima No. 1 power plant.

The plaintiffs' side had claimed that the NRA's method to evaluate the effects of possible earthquakes and volcanic eruptions was flawed. They also argued that the safety of the reactors was not sufficiently secured by Kyushu Electric's measures including against pipeline damages.

In June 2017, the Saga court dismissed the petition, ruling that the screenings were conducted "strictly and closely."

Handing down the ruling on Wednesday, Presiding Judge Noriyuki Yamanouchi said that Kyushu Electric's calculation of maximum possible ground motions at the plant was conducted with "the latest scientific methods" and was "reasonable."

Yamanouchi said that it is impossible to call into question the safety of the reactors and their locations unless the risks of large-scale volcanic eruptions are presented with reasonable grounds.

In response to a claim by the plaintiffs of a lack of consideration for safety in measures against possible accidents in reactor pipelines, the judge ruled that the power company was drawing up measures "appropriately."

The court concluded that it recognizes no actual risks of the residents suffering serious damages.

At a press conference, Hatsumi Ishimaru, who leads the plaintiffs, criticized the high court decision, saying it "follows the state's irrational nuclear policy."

Kyushu Electric welcomed the ruling as a reasonable decision that recognized its claims. "We will make full preparations to secure the safety of nuclear power plants," it said. Jiji Press