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Japan Power The Courts

Fukushima Nuclear Disaster: Prosecutors Request Prison Time For Executives (npr.org) 138

Long-time Slashdot reader reporter shared this article from NPR: The former chairman and two vice presidents of the Tokyo Electric Power Co. should spend five years in prison over the 2011 flooding and meltdown at the Fukushima Daiichi nuclear plant, Japanese prosecutors say, accusing the executives of failing to prevent a foreseeable catastrophe. Prosecutors say the TEPCO executives didn't do enough to protect the nuclear plant, despite being told in 2002 that the Fukushima facility was vulnerable to a tsunami....

"It was easy to safeguard the plant against tsunami, but they kept operating the plant heedlessly," prosecutors said on Wednesday, according to The Asahi Shimbun. "That led to the deaths of many people." Former TEPCO Chairman Tsunehisa Katsumata, 78; former Vice President Ichiro Takekuro, 72; and former Vice President Sakae Muto, 68, face charges of professional negligence resulting in death and injury....

All three have pleaded not guilty in Tokyo District Court, saying they could not have predicted the tsunami.

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Fukushima Nuclear Disaster: Prosecutors Request Prison Time For Executives

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  • by Greyfox ( 87712 ) on Sunday December 30, 2018 @07:39AM (#57878848) Homepage Journal
    Except the guys who predicted the tsunami back in 2002, when they told you the place was vulnerable to a tsunami. Which they have a lot of in Japan.
    • by AHuxley ( 892839 )
      A low wall was constructed to keep the ocean out..
      The needed emergency electricity generators that had to work got place at a low point.
      The plans go back to the 1960's.
      • by doom ( 14564 ) <doom@kzsu.stanford.edu> on Sunday December 30, 2018 @12:34PM (#57879604) Homepage Journal

        You skipped the fact that there's another nuclear plant in the same region of Japan that came through okay because their backup generators were placed up on higher ground.

        I don't know enough about the social situation in Japan to pin blame (was it TEPCO, was it the regulatory body?) but off hand I don't have any objections to going after management on this one, and I'm pretty strongly pro-nuclear.

        If there's no penalty for a screw-up of this magnitude, then what's the incentive to keep management from rolling the dice again?

        • I have lived in Japan for 16 years and it was TEPCO. They were told long before that the plant needed higher dikes to protect it and they ignored the warning. The most galling part is that the plant was operating on a special extension - it should have been decommissioned in January of that year.

          • by uncqual ( 836337 )

            Then wouldn't the officials who approved the extension be just as criminally liable as the executives of TEPCO?

        • by Greyfox ( 87712 )
          Oh, I'm pro-nuclear too, despite a fairly hippy upbringing. We understand all this a lot better than we did in the 1950's, but there's still a lot of '60's-era hysteria around it all. There should definitely be penalties for managing the plants as incompetently as these seem to have been. Establishing an understanding that there's more at stake for the companies in charge of them than profit if something goes wrong is a good precedent to set, I think.
        • by jrumney ( 197329 )
          I don't think it is fair to pin the disaster on them, but any issues with the handling of the disaster and any cover up of information in the days and weeks afterward should certainly be on the management's shoulders.
        • If there's no penalty for a screw-up of this magnitude, then what's the incentive to keep management from rolling the dice again?

          There could be a law that creates a Nuclear Court, which guarantees that Nuclear management will forego the dice and just screw us over intentionally.

    • by lgw ( 121541 ) on Sunday December 30, 2018 @09:49AM (#57879144) Journal

      Once upon a time I read Atlas Shrugged. It seemed so poorly written, as the political and industrial leaders seemed like such simple caricatures. But more and more I see examples of exactly those behaviors in real life.

      Rand's cartoonishly incompetent industrial leaders would blame failures of heavy industry on the weather. "No one could have predicted that storm! We're doing all we can after the fact." Left unsaid was that bad storms (or in this case tsunamis) are certain to happen eventually, and it's your job to be ready for them.

      And here we see it in real life, with these guys defending themselves with "no one could have predicted that specific tsunami, all we could do was manage the disaster afterwards". You know, when you start sounding like a villain from an Ayn Rand novel, maybe you should hire different lawyers, as it's hard to do worse than that.

      • Re: (Score:3, Insightful)

        by Anonymous Coward

        Except for Rand the corporate owners were not villains. The government trying to regulate and protect the citizens was the villain as well as anyone with social consciousness.
        Rand glorified the dog eat dog capitalism. She was too naive to think that people can raise upon merit.

        • by lgw ( 121541 ) on Sunday December 30, 2018 @10:17AM (#57879224) Journal

          Except for Rand the corporate owners were not villains. The government trying to regulate and protect the citizens was the villain as well as anyone with social consciousness.
          Rand glorified the dog eat dog capitalism. She was too naive to think that people can raise upon merit.

          If you're going to criticize, at least read the Cliff Notes, so that you can do better than being completely wrong about the work you're complaining about. Plenty of stuff to criticize in the actual books she actually wrote, without just making stuff up.

          The premise of Atlas Shrugged was that there are very few competent CEOs, heads of R&D, operations managers, etc, in a sea of incompetence, and if those rare competent leaders were suddenly out of the picture, the whole economy would collapse.

      • by doom ( 14564 )
        Our Republican friends have been looking like Ayn Rand villains for years now. Take a look at Enron again some time.
        • by Agripa ( 139780 )

          Our Republican friends have been looking like Ayn Rand villains for years now. Take a look at Enron again some time.

          Enron is a great example of of the villains in Ayn Rand's books. Create a mishmash of laws bought by a special interest to constrain the free market and then blame deregulation when it fails. What better way was there to fleece the investor owned utilities?

          How long have the Democrats controlled the California legislature? Let's blame the Republicans anyway although honestly I would not expect any better of them and there is plenty of blame to tar both sides.

          • How long have the Democrats controlled the California legislature? Let's blame the Republicans anyway although honestly I would not expect any better of them and there is plenty of blame to tar both sides.

            I'm not sure how many on Enron's corporate board were Republicans, but they controlled the prices by restricting energy supply. They had control of the power market in California by purchasing all power wholesale, then transmitting it out of state to create an in-state shortage. That's because California's market was partially deregulated, only partially. Consumer-level prices were capped, so price didn't affect demand in any way. The wholesale market was deregulated, so wholesalers could buy up power and c

            • by doom ( 14564 )

              I'm not sure how many on Enron's corporate board were Republicans,

              Without looking, I would say "a lot": Enron donated money to the Republican party during the rise of the Bush Jr. regime.

              Many of Enron's actions were found to be illegal by the FERC, but Enron had already gone bankrupt by that point, so there was not much to do.

              A lot of the gyrations with putting The Governator in office looked an awful lot like making sure that no one went after the money Enron has stolen from California. There were s

  • It's About Time. (Score:4, Informative)

    by MrKaos ( 858439 ) on Sunday December 30, 2018 @07:53AM (#57878866) Journal

    The entire Fukushima Disaster was more a disaster because it was entirely preventable. Whether is is malfeasance or nonfeasance it is plainly criminal because it is quite plainly negligence. For anyone with any doubts please refer to The official report of The Fukushima Nuclear Accident Independent Investigation Commission. [nirs.org]

    This is an ongoing disaster, the destroyed reactors are still in an earthquake and flood prone area. TEPCO has proven itself completely corrupt, incompetent and incapable. It is in the interests of all Pacific nations to resolve and this issue demands an international response to control and contain it. It is clearly worse than Chernobyl.

    I hope TEPCO's board rots in jail.

    • Maybe humans are not sufficiently careful to have nuclear facilities. Errors in thinking often occur.
      • Maybe humans are not sufficiently careful to have nuclear facilities. Errors in thinking often occur.

        The problem is, coal has been killing millions of people a year by spewing out radiation and other pollution. And yet human psychology says it's better to kill millions intentionally with coal rather than risk killing thousands by accident with nuclear. Accidents scare us more because we assign fault to them, perhaps. We can accept any number of routine matter-of-course cost-of-doing-business deaths, but we

        • rather than risk killing thousands by accident with nuclear.

          Of course, Fukushima, TMI, and Chernobyl combined didn't kill thousands. More like hundreds.

          Of those, ONE (1) was killed by Fukushima. He died this past year.

          TMI didn't kill anyone.

          Chernobyl killed a couple hundred firefighters (and if Chernobyl were non-nuclear, it would probably have killed the same number of firefighters....).

        • Maybe humans are not sufficiently careful to have nuclear facilities. Errors in thinking often occur.

          The problem is, coal has been killing millions of people a year by spewing out radiation and other pollution. And yet human psychology says it's better to kill millions intentionally with coal rather than risk killing thousands by accident with nuclear. Accidents scare us more because we assign fault to them, perhaps. We can accept any number of routine matter-of-course cost-of-doing-business deaths, but we cannot abide a single dramatic accidental death.

          Can you give me the citations showing that millions of people have been killed by coal?

    • The desire to find someone to blame and punish them severely is human nature, but the reality is that we need to be able to trust in order to operate at all. One of the issues of making a senior manager responsible for certain issues to the point of criminal liability is that it may become impossible to get anyone to accept the responsibility if they aren't able to show that they acted reasonably in response to the information they had when making the iffy decision. Given that there is ALWAYS a trade off be

      • "The desire to find someone to blame and punish them severely is human nature"

        I think that's in a large part cultural and it's the desire to resolve problems that's human nature.

      • The desire to find someone to blame and punish them severely is human nature, but the reality is that we need to be able to trust in order to operate at all.

        The reality is that humans are not trustworthy enough for us to use nuclear power, which is unnecessary anyway.

    • by Ol Olsoc ( 1175323 ) on Sunday December 30, 2018 @09:52AM (#57879150)

      The entire Fukushima Disaster was more a disaster because it was entirely preventable. Whether is is malfeasance or nonfeasance it is plainly criminal because it is quite plainly negligence.

      This disaster illustrates the fatal flaw of nuclear power generation.

      It isn't the plants themselves. A nuc plant can be made pretty safe. The problem is humans.

      Everything that happened in Fukushima was preventable. From the siting to the design to the seawalls to the back-up system.

      But we have deadlines, finances, hubris, corruption and stupidity.

      My research on the disaster included a "how could this have been avoided" section. After noting the freely available historical and physical evidence was ignored, it was clear that the site beside the ocean was one of the worst siting options. Further it was possible to come up with a much better site in a few minutes. Along a river, above the historic Tsunami height lines, and therefore much safer.

      Why this didn't happen, why seawalls were built that were a dead lock to be overwashed was not the fault of nuclear power, but the results of humans being in charge of it. And it is foolish to think that all nuc plants except Chernobyl and Fukushima or TMI have non-corrupt humans involved.

      It all comes to a shitload of energy packed in a small space. With not only kaboom aspects, but using poisonous materials that will take a long time to mitigate if it does go kaboom.

      Nuc power can be made safe. History shows us that it is impossible to make humans safe.

      • Re:It's About Time. (Score:5, Interesting)

        by whoever57 ( 658626 ) on Sunday December 30, 2018 @12:12PM (#57879530) Journal

        I don't think the seawalls were the ultimate problem.

        I think the ultimate problem was the siting of the backup generators. Had they been positioned higher, and continued to operate, the meltdown would have been avoided. They actually put some of the backup generators in a basement. This was an issue that was known about well before the disaster. There was no deadline issue involved in moving the generators to a safer location.

        Perhaps it's time to stop blaming the disaster on technical issues and blame greed instead. That's why it is right that some people should go to jail.

        • I don't think the seawalls were the ultimate problem.

          I think the ultimate problem was the siting of the backup generators. Had they been positioned higher, and continued to operate, the meltdown would have been avoided. They actually put some of the backup generators in a basement. This was an issue that was known about well before the disaster.

          Yes - the overtopping of the sea walls allowed salt water to ingress to the emergency generators. But the walls were overtopped by 14 meter waves. The seawalls were 10 meters in height. The big problem was that the area was historically known for bigger waves.

          To make matters weirder, the site was originally on a 35 meter bluff, but they scalped 25 meters off it so they could rest the reactor on bedrock.

          The generator placement was definitely bad, but if they had not scalped the mountain, and raised the s

        • by sjames ( 1099 )

          Related, they didn't bother to pre-arrange for emergency backup generators with compatible hookups and didn't have anyone available who could work around that. On the greed side, they delayed using sea water to cool the reactors because they were still irrationally hoping they could get away from the problem cheap.

        • by AmiMoJo ( 196126 )

          The seawalls were critical because even after the emergency pumps were lost it was still possible to save the reactors using mobile pumps. They were available and working on site, but failed to cool the reactors because the water they pumped in was diverted to storage tanks.

          The damage from the tsunami had broken the monitoring system that could have told staff that the valve diverting the water was in the wrong position. No-one could get near it to physically check due to damage.

          Thus if the seawall had been

      • by sjames ( 1099 )

        I'm not sure TMI should even be counted. It was scary, but in the end it didn't kill anyone or even release significant radiation. For that matter much of the panic was a result of the unfortunate timing with the release of "The China Syndrome" and the media being anxious to connect the two.

        • I'm not sure TMI should even be counted. It was scary, but in the end it didn't kill anyone or even release significant radiation. For that matter much of the panic was a result of the unfortunate timing with the release of "The China Syndrome" and the media being anxious to connect the two.

          Cannot argue with that. TMI isn't in the same league.

  • Five years (Score:4, Interesting)

    by jd ( 1658 ) <imipakNO@SPAMyahoo.com> on Sunday December 30, 2018 @08:01AM (#57878880) Homepage Journal

    I'd be ok with that, provided it was in a psychiatric ward to deal with their obviously disturbed minds and to rehabilitate them to the point where they were fit to live in society.

    There were plenty of predictions of the tsunami, when it was likely, how severe it was likely to be, etc. TEPCO chose to ignore those, because they were expensive, and to go with considerably cheaper predictions of a much smaller, more frequent, event. You can prove anything, if you constrict the type and date range of the evidence sufficiently. Particularly if you can make it show what is convenient for you.

    • I'd be ok with that, provided it was in a psychiatric ward to deal with their obviously disturbed minds and to rehabilitate them to the point where they were fit to live in society.

      That's how we should treat everyone, though. As long as we're treating anyone the other way, these guys "deserve" it more than most of the people we've got in prison now.

    • There were plenty of predictions of the tsunami, when it was likely, how severe it was likely to be, etc. TEPCO chose to ignore those, because they were expensive, and to go with considerably cheaper predictions of a much smaller, more frequent, event.

      Yup - human hubris.

      And of course, disasters seldom have one single cause. But this one had one huge glaring red flag 5-alarm problem. The site.

      In the true nature of human interaction, I suspect that someone made a real killing off the siting decision.

  • by mysidia ( 191772 ) on Sunday December 30, 2018 @08:01AM (#57878884)

    All three have pleaded not guilty in Tokyo District Court, saying they could not have predicted the tsunami.

    Duh, they could not have predicted THAT particular event, BUT Tsunami's are a known and foreseeable natural event, so
    they definitely could have predicted that there would be the possibility of one or more tsunami's in general (over long periods of time),
    and when installing and operating a nuclear plant: you have a duty to ensure that radioactive material created and stored in/about
    your plant creates does not endanger the survivors after a foreseeable natural event.

    So if a particular Tsunami strength and size would not be guaranteed to kill everyone within 100 miles of your plant: your plant had better not be a threat to the public within 100 miles during/after that tsunami.

    The only regret is that they waited until AFTER the event to arrest them.
    There should be 3rd party reviews and audits of overall power plant designs and operations, and the capability of charging executives for crimes,
    mandating jail time and/or plant shutdowns BEFORE a catastrophic tsunami, etc, actually occurs..

  • by Anonymous Coward

    How is it difficult to predict tsunamis on a coastline with a history of multiple tsunamis? The same goes for earthquakes. They designed the plant to handle 7.0 despite having measured more powerful earthquakes at the very same location. The professional negligence seems to be due to not only discarding historical data, but also discarding engineering warnings presented to them even before the powerplant opened.

    5 years seems like nothing compared to the predictable damage they caused. It was all about money

  • Comment removed (Score:4, Interesting)

    by account_deleted ( 4530225 ) on Sunday December 30, 2018 @08:13AM (#57878908)
    Comment removed based on user account deletion
    • I find it fascinating how people in the US defend companies. Like they think of your best interest and exist to help you and humanity.
      • by cirby ( 2599 ) on Sunday December 30, 2018 @08:38AM (#57878974)

        I find it fascinating how people, when confronted by those silly things called "facts," respond with non-sequiturs.

        The actual Fukushima death toll is still zero, no matter how much you hate capitalism.

      • Comment removed based on user account deletion
        • I find it fascinating that you assume I am in the US, or a US citizen. Which I am not.

          Everyone is pretty fascinated this morning. That's fascinating in itself.

    • by AmiMoJo ( 196126 )

      At the time there was no choice but to evacuate. There was no way of knowing how bad it would get, and in the end it proved to be necessary anyway.

    • Several workers have died during the cleanup of the power stations.

      • Several people died due to a tsunami as well. Both of these are independent of a nuclear incident. Lumping them together serves only to further political causes. Separating them however allows people to be truly held accountable and correct actions and mitigations to be devised in the future.

    • Re: (Score:2, Insightful)

      by Ol Olsoc ( 1175323 )

      According to the WHO and Japanese gouvernment, the direct death toll of the Fukushima disaster was: Zero. https://ourworldindata.org/wha... [ourworldindata.org]

      The indirect results from radiation related issues and evacuation stress was not zero, but I find it hard to argue that the executives are directly responsible for the deaths of so many people. The tsunami itself caused tremendous devastation and evacuation was a given, with or without the nuclear plant there.

      Don't even wonder why the general citizenry doesn't trust the pro-nuc clan. You are the personification of why.

      Do a little research as to exactly why there was no other outcome but catastrophic failure for the Fukushima site.

      All human decisions that from a safety, standpoint are inexplicable outside of straightforward explanation that there was corruption involved.

      • by sfcat ( 872532 )

        According to the WHO and Japanese gouvernment, the direct death toll of the Fukushima disaster was: Zero. https://ourworldindata.org/wha... [ourworldindata.org]

        The indirect results from radiation related issues and evacuation stress was not zero, but I find it hard to argue that the executives are directly responsible for the deaths of so many people. The tsunami itself caused tremendous devastation and evacuation was a given, with or without the nuclear plant there.

        Don't even wonder why the general citizenry doesn't trust the pro-nuc clan. You are the personification of why.

        Do a little research as to exactly why there was no other outcome but catastrophic failure for the Fukushima site.

        All human decisions that from a safety, standpoint are inexplicable outside of straightforward explanation that there was corruption involved.

        The GP did provide a link which backed up his assertions. You provided insults. Just saying...

    • If I ever go on a shooting rampage I hope you're a member of the jury. I'll just have my attorney explain to the court that *I* didn't kill anyone, it was the bullets from the gun that I fired.

      "The number of people who died at the hands of gumpish was: Zero. The indirect results from bullet-related issues and blood loss was not zero, but I find it hard to argue that the gunman is directly responsible for the deaths of so many people."

  • In the US (Score:5, Insightful)

    by DaMattster ( 977781 ) on Sunday December 30, 2018 @08:14AM (#57878912)
    Senior management in the US should be held to the same standards and should go to prison for white collar crimes that they commit. Wealth and position should never be a get out of jail card.
    • Well, if senior management of companies must be responsible for failures, then senior management in Government must be responsible for not protecting our borders as specified in the Constitution.

      Deliberately letting in criminals and terrorists because they don't want to fund the defense of the border should be punishable by prison time. Sounds good to me.

      After all, we have only been talking about this in earnest for decades.

      • Deliberately voting to the white house a known and well established narcissist, psychopath, compulsive liar, scammer, con-man and child molester for the sole purpose of pissing off half the U.S. population and wilfully destabelizing society and risking plunging it into chaos should be considered an act of treason punishable by prison time.

        • Deliberately voting to the white house a known and well established narcissist, psychopath, compulsive liar, scammer, con-man and child molester for the sole purpose of pissing off half the U.S. population and wilfully destabelizing society and risking plunging it into chaos should be considered an act of treason punishable by prison time.

          Everyone realizes that the only viable solution to all of these problems that you and everyone else bring up *IS* Prison. So the US is working as quickly as it can to turn the US into a prison.

          I bet when that gets done, you'll still be unhappy.

          • So the US is working as quickly as it can to turn the US into a prison.

            Remember that slavery was not abolished in the USA and still exists legally -- in prisons.

        • Re: (Score:1, Informative)

          a known and well established narcissist, psychopath, compulsive liar, scammer, con-man and child molester

          Wow! You do realize you just described pretty much every politician in office, right? If we held all elected officials to this standard, Washington would be a ghost town!

          Not a bad idea, actually.

      • It is kind of funny to see a super power pissing their pants trembling in terror before a couple of thousands refugees.

      • by Anonymous Coward
        Wait. What article in the constitution are you referring to?
      • You forgot the War on Christmas
      • by sjames ( 1099 )

        But what's really happening is congrespeople not wanting to flush 5 billion dollars down the toilet on a plan that only works in the imagination of a small child.

        Send me $200,000 and I will visualize a safe border every day for the next 5 years. You want a safe border, don't you? $200,000 is quite a bargain compared to $5 billion!

  • by Anonymous Coward on Sunday December 30, 2018 @09:38AM (#57879118)

    There's only a few centuries of Japanese paintings depicting massive waves, affecting Japan. It's not like the word "tsunami" is Japanese, so why should they anticipate such a remote, unfamiliar event?

    The Japanese people have no experience with nuclear disasters or big waves, and this was completely unforeseeable.

  • What made a minor accident into a major crisis was purely the fault of bonehead management. After a current-generation reactor is scrammed because of an impending disaster, all you have to do to avoid a meltdown is keep coolant circulating through it for long enough to remove heat of decay. Even in a regional disaster that destroys the power grid, there are ways of doing this that should be prearranged, like hooking up fire trucks to the coolant system. But when they tried exactly this at Fukushima, nobody

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