Question of negligence hangs over nuclear firms in U.S. case over Fukushima fallout — The Japan Times

” Dear Minister of Economy, Trade and Industry Yoichi Miyazawa,

As you may be aware, a federal judge in the U.S. recently ruled that a class-action lawsuit filed by about 200 U.S. Navy sailors can proceed against Tokyo Electric Power Co. and other defendants they blame for a variety of ailments caused by radiation exposure following the nuclear reactor meltdowns at Fukushima No. 1.

The sailors allege that Tepco knowingly and negligently gave false and misleading information concerning the true condition of the Fukushima No. 1 nuclear power plant to the public, including the U.S. military. They further allege that Tepco knew the sailors on board the USS Ronald Reagan would be exposed to unsafe levels of radiation because Tepco was aware three nuclear reactors at the site had already melted down.

In this connection, the lawsuit notes that on Dec. 14, 2013, Naoto Kan, Japan’s prime minister at the time of the disaster, told a gathering of journalists regarding the first meltdown: “People think it was March 12 but the first meltdown occurred five hours after the earthquake.”

The sailors in question were participating in Operation Tomodachi, providing humanitarian relief in response to the Japanese government’s calls for assistance. In accordance with the U.S.-Japan Security Treaty, these sailors literally risked their lives to aid and protect the people of Japan.

The sailors accuse Tepco of negligence, failure to warn of the dangers, and design defects in the construction and installation of the reactors, among a total of nine claims for damages. To date, the sailors have experienced such illnesses as leukemia, ulcers, brain cancer, brain tumors, testicular cancer, dysfunctional uterine bleeding, thyroid illnesses, stomach ailments and a host of other complaints unusual in such young adults.

One of the major questions to be decided by the lawsuit is who will pay for the military members’ ongoing and possibly lifelong medical treatment. In addition to addressing specific illnesses, funding will be required for future medical monitoring for themselves and their children, including monitoring for possible radiation-induced genetic mutations. Some of the radiological particles inhaled by these service personnel have long half-lives, from six to 50 or even 100 years.

Needless to say, the Japanese government has a wealth of information about what actually happened, and when, at Fukushima No. 1. Thus it would seem legally as well as morally appropriate for the government to share its Fukushima-related knowledge with the Federal Court in the Southern District of California.

This could be done, for example, in the form of an amicus curiae brief — that is, a brief submitted by someone not a party to a case who nevertheless possesses relevant information that may assist the court. My first question to you, Minister Miyazawa, is: Are you and the Japanese government willing to submit such a brief?

It is significant that the builders of the Fukushima No. 1 reactors — General Electric, EBASCO, Toshiba and Hitachi — are also defendants. This is because the reactors for Units 1, 2 and 6 were supplied by General Electric, those for Units 3 and 5 by Toshiba, and Unit 4 by Hitachi. General Electric, however, designed all six reactors, and the architectural plans were done by EBASCO.

In particular, GE knew decades ago that the design of its Mark I reactors installed at Fukushima No. 1 was faulty. Thirty-five years ago, Dale G. Bridenbaugh and two of his colleagues at General Electric resigned from their jobs after becoming convinced that the Mark I’s design was so flawed it could lead to a devastating accident. They publicly testified before the U.S. Congress on the inability of the Mark I to handle the immense pressures that would result if the reactor lost cooling power.

Their concerns proved all too accurate at Fukushima No. 1, a disaster that has yet to end given the continued massive radioactive contamination of the ocean.

In light of this, Minister Miyazawa, I end this message with one final question: Why hasn’t the Japanese government, like the American sailors, filed its own lawsuits against these same companies to determine their legal liability? In other words, why are the Japanese people being forced to pay for the possibly negligent actions of some of the world’s largest corporations?

BRIAN VICTORIA

Yellow Springs, Ohio ”

source

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