Tokyo defends nuclear programme with court order appeal

Japan's government has outlined its determination to defend its nuclear industry, seeking to overturn a court ruling that has cast doubt over the country's reactor safety clearance system.

The government today appealed the Osaka district court's 4 December ruling that revoked regulatory approval for the two Ohi nuclear reactors operated by utility Kansai Electric Power. The appeal will start an expected lengthy legal battle but allows Kansai to continue operations of the Ohi reactors until the lawsuit closes and a final verdict is made.

The appeal gives temporary relief to Kansai, which otherwise would have been forced to continue meeting its winter peak power demand season without any nuclear power output. The company has been forced to delay a planned restart of the 870MW Takahama No.3 reactor at least until February, as additional work may be necessary at the reactor following the discovery of technical issues at the Takahama No.4 reactor.

Both of Ohi's reactors are currently closed for regular maintenance. The 1,180MW Ohi No.4 reactor is expected to be reactivated in mid-January next year and resume normal operations in February. But it remains unclear when the 1,180MW Ohi No.3 reactor can be restarted after damage to the reactor's pressuriser spray line.

Kansai earlier this month temporarily halted part of the counterterrorism reinforcement work being done during regular maintenance at the Ohi No.3 reactor because of a Covid-19 outbreak. The firm is required to complete reinforcement work of the Ohi No. 3 reactor by August 2022.

Safety consequences

The Osaka district court's ruling, if finalised, could have serious consequences for other Japanese reactors. It is the first judgement to reject Japan's stricter reactor safety clearance system introduced in the wake of the 2011 Fukushima-Daiichi nuclear disaster.

The appeal follows Japan's nuclear regulation authority (NRA) yesterday clarifying its safety clearance procedure examining a possible earthquake affecting the Ohi nuclear reactors.

The government and the ruling Liberal Democratic Party coalition administration have backed the nuclear power industry despite public distrust following the Fukushima disaster. Nuclear remains a key power source for Japan, with the government reiterating it will stick with its policy of swiftly restarting nuclear reactors when they have met the strict safety standards set by the NRA.

The industry ministry is working to review Japan's energy policies to fit with a 2050 target to achieve net-zero greenhouse gas emissions. The new basic energy policy, due for review every 3-4 years, is expected to usher in an increased focus on electricity derived from renewables and a clearer nuclear policy direction for a decarbonised society in the next 30 years. Japan is planning to generate 20-22pc of its 2030 power output with nuclear and 22-24pc with renewables.

Legal battles

Numerous lawsuits have been filed in Japan since the Fukushima disaster to halt nuclear reactors, with about 30 ongoing cases, including many against reactors that have been cleared by the NRA and restarted. Japan has restored only a third of its 33,235MW nuclear power capacity, or nine out of the country's 33 existing reactors, since the Fukushima disaster.

The Ikata No.3 reactor has been closed following a court injunction issued in January this year. A high court is expected to rule in March next year on an appeal filed by operator Shikoku Electric Power to repeal the court order. The injunction barring Ikata's restart remains effective unless it is cancelled, or until a final judgment is delivered for the main lawsuit in process since 2017 at the Yamaguchi district court.

A ruling is expected in March next year at the Saga district court for a lawsuit to revoke operating permits of Kyushu Electric Power's Genkai No.3-4 reactors. The 1,180MW Genkai No.3 reactor returned to full commercial operations on 15 December following regular maintenance, while the 1,180MW Genkai No.4 reactor is scheduled to close for maintenance on 19 December.

By Rieko Suda