The following is from Yoshiko Sakurai's serial column, published in the weekly Shincho released today, entitled Judge's crushing of nuclear power will reduce Japan's vitality.
This paper also proves that Ms.Yoshiko Sakurai is the 'national treasure' described by Saichō.
Any decent Japanese would think that the National Honor Award must be given to a person like Ms.Yoshiko Sakurai.
The Nuclear Regulatory Commission was not the only culprit distorting Japan's energy policy, pushing up electricity prices and burdening consumers and SMEs.
A judge who overturns the decision of the Regulatory Commission, which has high authority as the Sanjo Committee, and decides to suspend the operation of nuclear power plants with unilateral reasoning that is not imperiality/fairness is another culprit.
Only when a sound and fair justice is established can society and the country be a safe place.
However, as far as nuclear power lawsuits are concerned, the current state of Japanese justice must be concerned.
The most unreasonable example would be the decision of the Hiroshima High Court on January 17.
In a trial in which three residents living on three islands in eastern Yamaguchi Prefecture were seeking suspension of operation of Unit 3 of Ikata Nuclear Power Plant (Ikata-cho, Ehime Prefecture), a presumptive sanction by Hiroshima High Court judge Mori Ichidake was denied driving. It was decided.
The progress of the trial, the presiding judge, the actual status of the interrogation, and the content of the decision are very similar to those of the Fukui District Court about five years ago.
At that time, the presiding judge of the Fukui District Court was Hideaki Higuchi.
He was the person who tentatively suspended the operation of Units 3 and 4 at Takahama Nuclear Power Plant.
When both Mori and Higuchi suspended the operation of the nuclear power plant, they were near retirement or near transfer.
Mr. Mori will no longer be in Hiroshima High Court by the time this journal appears, because he will retire from office on January 25, eight days after the ruling was made.
On the other hand, Hideaki Higuchi, the presiding judge of the Fukui District Court, was relocated to the Nagoya House Court after a transfer in April 2015, and despite that, decided to suspend driving.
Mori and Higuchi have made so-called last-minute decisions that have attracted the public's attention, but they have many questions.
The first point is that it seems unlikely that the parties have been fully heard in the process of reaching the injunction.
For example, Mori only heard the opinion of Shikoku Electric Power during a 90-minute interrogation.
Mr. Higuchi interrogated Kansai Electric Power only twice.
In all cases, the hearing of the expert requested by the energy company has been denied.
There is a mistake in the sentence
Another factor common to the two trials is the abuse of 'personality rights' I questioned the contents of Mr. Higuchi's provisional sanctions five years ago. Mr. Narabayashi Tadashi, a professor at Hokkaido University, and Mr. Moritsuta Akio, an emeritus professor at Nagoya University, an authority on civil law, used Internet-based Speech Television. And we discussed the Higuchi decision.
Higuchi wrote a point to the ruling that 'the NRA's new regulatory standards are too lenient and will not be safe to pass, so there is a specific danger of violating the personal rights of residents.'
Mr. Moritsuta questioned the use of the exceptionally broadly interpretable term 'personality rights': 'Taking the Takahama Nuclear Power Plant into operation does not mean that the lives of the residents themselves are immediately threatened. If we apply the term personality rights, which has a broad meaning from personal information to defamation, trying to be infringed by bearing-down if not prohibiting a nuclear power plant must show concretely which right to be clearly. 'Personality rights' is not a well-defined legal term.
Nevertheless, the reason that such ambiguous terms are used in court, where each word must be rigorously defined and factually verified, cannot be described as a genuinely urgent and dangerous situation. Mr. Moritsuta questioned if there was.
I have the same question in this Hiroshima High Court ruling.
Another common feature of the two decisions is that errors are prominent in the sentence.
Mr. Higuchi's mistake in deciding to stop the Takahama nuclear power plant is very rudimentary and easy to understand.
He wrote that the Takahama nuclear power plant lost power, that is, only five hours after a power outage resulted in core damage.
It is a complete mistake.
Mr. Narabayashi pointed out.
"The Fukushima Daiichi nuclear power plant was in a situation close to that, but various measures have been taken at the Takahama nuclear power plant, and even if all power is lost, water can be supplied for 18 to 19 days and core cooling can be continued. After the Fukushima accident, we built huge tanks and increased the amount of water for cooling. ''
In other words, the Takahama nuclear power plant does not lead to core damage in about 5 hours. Not only was Mr. Higuchi misidentifying this point at the Takahama Nuclear Power Plant, but he also made a similar misjudgment at the Ohi Nuclear Power Plant, which ordered the suspension of operation a year earlier.
It can't be possible for the person who is a presiding judge to make the same mistake even about twice about the important technicalness, scientific problem and to judge it fairly.
Higuchi also criticized in his ruling that the water supply piping and measuring instruments in the spent nuclear fuel pool should be S-class with robust seismic design.
"I don't think he has heard of the power company at all. Higuchi pointed out that the design was originally equivalent to the S-class. The design of the highest level, the spent nuclear fuel pool is also S class, ”said Narabayashi.
Become a national payment invoice.
There are more.
Mr. Higuchi pointed out that it is strange that there is a grace period for the construction of an essential seismic isolation building in the event of an emergency, which means that there is no such building.
"The Seismic Isolation Building became famous for the Fukushima Daiichi Nuclear Power Plant, but it is now switching to the Seismic Isolation Building due to the extraordinary pressure applied to the seismic isolation rubber. The Takahama Nuclear Power Plant has an earthquake-resistant S-class building and an emergency response office.
Higuchi is not aware of that.
The grace period is totally a misconception.
The grace period is not for the seismic isolation building, but for the construction of "special accident handling facilities" to prepare for terrorism. Higuchi mistook it for the construction of the seismically isolated building. "
It keeps mistaking a fact, though Mr. Higuchi who gave an interim order not to have a nuclear power plant operated is too irresponsible
However, there are some surprising findings in the judgment of Mori:
If there is an active fault along the coast of the Seto Inland Sea on the Cape Sada Peninsula, a strong earthquake will strike Ikata Nuclear Power Plant. However, Shikoku Electric Power did not conduct a thorough investigation and claimed that there was no active fault, and there was an error or omission on the part of the NRA who judged that there was no problem.
In a single 90-minute hearing given to them, Shikoku Electric Power explained that it had conducted a thorough investigation of the active fault at the indicated location, including data.
But Mr. Mori would have hardly listened to the power company's explanation.
After that, he undertook the world's strictest safety review by the Japanese Regulatory Commission.
Judges are not active fault experts.
What kind of qualification is it?
He rejected the safety review of the Regulatory Commission, a group of experts.
Mr. Mori is the same as Mr. Higuchi in that it incorporates only the claims of the residents. An unjust judicial decision will stop Ikata Nuclear Power Plant and increase the cost of at least 3.5 billion yen a month, eventually becoming a payment invoice to the people.
Justice, the foundation of the country, is being undermined by economic pain.
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