July 5, 2018

The Nagoya High Court Kanazawa Branch on July 4 overturned the lower court injunction order and instead ruled that Kansai Electric Power Company is allowed to operate Nos 3 and 4 reactors at its Oi nuclear power plant in Fukui Prefecture.

The court battle seeking an injunction on the operations of the two reactors began in November 2012 in the Fukui District Court. The district court in May 2014 issued the injunction, but KEPCO appealed to a higher court.

In the appeal court, former acting chairman of the Nuclear Regulation Authority Shimazaki Kunihiko (University of Tokyo Professor Emeritus) testified that KEPCO underestimated the extent of earthquake ground motion which is a key factor in assessing the seismic adequacy of the Oi NPP.

The high court ruling states that whether to prohibit nuclear power generation should be a political decision and thus this kind of issue should not be dealt with by the judicial branch. The ruling went on to state that risks of nuclear accident are negligible as they are well managed and controlled, revealing a stance that pays little attention to public safety. Furthermore, the high court sided with the NRA’s approval of operation to resume at the Oi plant by stating that the NRA-set safety standards reflect the most advanced scientific expertise.

At a press conference after the ruling, lawyer Shimada Hiroshi, who heads the plaintiffs’ legal team, criticized the high court for pretending that the Fukushima nuclear meltdown never happened. Kawai Hiroyuki, co-leader of a nationwide network of lawyers working on anti-nuclear court battles, expressed his determination to continue fighting.

Past related articles:
> Reactivation of Oi NPP sparks public outcry [March 15, 2018]
> Fukui governor gives nod to restart of Oi nuclear power plant [November 28, 2017]
> Court orders KEPCO not to reactivate Oi NPP [May 22, 2014]