Jack Stone comments

Posted in: TEPCO’s liability to Japan See in context

Thanks for sharing your comments.

Remember 3.11.11.

Stack

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Posted in: TEPCO’s liability to Japan See in context

My bill has nearly doubled. Imagine, cause this mess through gross recklessness, get bailed out by taxpayers and then charge them nearly double rates. So much for the 17% increase. Honestly, it sickens me to pay a Tepco electric bill. There should be alternative choices.

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Posted in: TEPCO’s liability to Japan See in context

GW.

I think we all feel the same frustration. Here were are, only two reactors online, and there are no electricity issues. At all!

This documentary.

The Truth About Nuclear Power. (Japanese with English Subs).

http://www.youtube.com/watch?v=eBVQ3B-Jvrw&feature=related

Is just fantastic at addressing many of the issues raised here. The documentary discusses the issue of liability and the limits placed on it, by bureaucrats, and sites those documents.

A great watch.

There is also a Q&A at the end of the document.

Simply, people in Japan need to get up and do something.

Windscape. A bunch of liars. Chernobyl. A bunch of liars. Three Mile Island. A bunch of liars. Fukushima. A bunch of liars.

Atmospheric testing blanketed the entire planet with Strontium 90. Depleted uranium used in bombs to commit genocide.

On and on...

There are scores of other documented crimes. Example: In south Florida, FPL intentionally dumped millions of gallons of highly radiated water into the Everglades. I can go on and on in this area. France. England's abomination, the AIR COOLED REACTOR AT WINDSCAPE. These people claim to be the smartest people in the world. I think they are a bunch of rogue criminals, psychopaths, that have committed serious fraud in getting this "energy" online for huge profits. And that is the bottom line.

It's simply a market and the "cheap" and "clean" energy propaganda is by far the most costly energy ever.

Imagine how many accidents have been sealed?

Like Chernobyl clean up will not be one time. It will be again, and again, and again. Fukushima will also follow this path.

Fact. MOX used at Fukushima number 3 is 200,000 times more dangerous than that of Chernobyl.

The deception is mind boggling.

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Posted in: TEPCO’s liability to Japan See in context

Some great documentaries on the subject.

The Truth About Nuclear Power. (Japanese with English Subs) http://www.youtube.com/watch?v=eBVQ3B-Jvrw&feature=related

The Fukushima Nuclear Accident. http://www.youtube.com/watch?v=f0It57JosDA&feature=related

Silent Storm. http://www.youtube.com/watch?v=FbbSEkyPtkY&feature=related

Meltdown At Three Mile Island. http://www.youtube.com/watch?v=eLPAigMuBk0&feature=related

Windscale Britain's Nuclear Disaster. http://www.youtube.com/watch?v=ElotW9oKv1s&feature=related

Into Eternity. Onkalo. http://www.intoeternitythemovie.com/

Chernobyl Disaster Incident. http://www.youtube.com/watch?v=bSRC1_OZPIg

The Doctor, Depleted Uranium, and the Dying Children. http://topdocumentaryfilms.com/doctor-depleted-uranium-dying-children/

If you have others, please feel free to post.

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Posted in: TEPCO’s liability to Japan See in context

K. Thank you for your concise input. Absolutely fantastic! The terms exclusive and absolute are "modern" terms for strict liability. And, yes I agree that Japan's courts are entirely repugnant, and determinations almost never based on standards of reasonableness.

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Posted in: TEPCO’s liability to Japan See in context

G. I have driven from Namie, all the way to Iwate. I have done it several times, and I lived in the Sendai area for three years. There are no mountains at all. It is entirely flat land, until you reach that segment of Iwate, which has been destroyed 3 times in the past 100 years. From town to town, you see completely destroyed communities, one after another. Yet, the agricultural land remains almost entirely in tact. The rice fields survived, but the towns didn't. I surf, I want to live on the ocean, but I don't want to live on the ocean in Iwate.

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Posted in: TEPCO’s liability to Japan See in context

G. Thanks for the comment. Tepco only provides 40% of Tokyo's power, and the Tokyo government is already negotiating with Chubu Electric from Nagoya to provide the areas power. The issue is the 17% increase in fees. SImply, the government has been bailing out the company, and then the company tried to raise fees by 17%. This is the beginning of the denial, and the reality check. I believe - anyway.

Also, about half of the energy from Tokyo comes from Niigata. And, there are only 2 reactors in operation at this time. 53 are offline. All of Tepco's are offline, and... do you see any energy problems? Black outs? Any! I think this nation has been scammed into building plants, with tax dollars, the nation never needed.

G. I have spoken countless times on the issue of building towns in tsunami zones, again and again and again. Iwate has been completely destroyed THREE times in the past one hundred years. How much do you have to cry, to get it? YOU CAN'T BUILD AND YOU CAN'T LIVE THERE. Just look at a map of Japan, and look at where Iwate is. There is a giant gaping hole where scores of tsunami's have ripped it apart over the past millennia.

Ironically, go look at most areas destroyed. Towns right on the ocean, with agriculture sitting in the "safe" zones. It should have been flipped the other way around. Agriculture on the coast, and homes out of harms way. Seems too obvious to be so, I guess! Fishermen complaining, that they need to live right on the beach! The five-ten minute drive to a safe zone, was really that inconvenient? Well, my father, uncles, grandfather, and great grandfather are all fishermen, and I grew up in Miami, where a zillion hurricanes have wreaked havoc. We didn't live on the beach! And I spent my entire life on the ocean.

Go figure?

How great would it be if Japan redesigned their coast and flipped it around. How great for tourism to be able to see the ocean, instead of the abhorrently ugly buildings that block the view.

And...

Those tiny little, meandering streets all over the ocean have got to be redesigned so people can get in and get out. How many people did we witness die in tsunami videos simply because they were caught in the maze of streets, as towers of water rushed at them.

G. Great issues raised. I hope Japan thinks about this, but from what I have seen, they are rebuilding exactly the same way, in the same places. When will this country learn? When will any?

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Posted in: TEPCO’s liability to Japan See in context

Thanks S. Wow! I am jealous! You must have excellent Japanese skills, this is about the only thing keeping me from working full time in law in this country. I'm about a level 2. Mostly, though what you want is a thesis, and an online article can't get into that much specifics in law. I'd love to write a 50-70 page article, but this wouldn't be the right forum. I just wanted people to learn, and understand the doctrine of strict liability, and how it applies to nuclear accidents. In my "opinion" (opinion piece), there has been meetings between the government and Tepco. Tepco is, and has been paying damages, and not out of the goodness of their black hearts. They have sold billions in assets to cover damages. There is no way, the government would let them walk on something of this magnitude, and I'm sure strict liability played a significant role, as well as the companies history of well-documented fraud. I think the deal was, you pay, we help, you quietly resign, and we don't criminally prosecute. Deal? Deal!

Also, keeping in consideration this is the largest privately held energy company in the world. If they go under, it really damages Japan in many arenas. Simply, we as humans dug ourselves into a pit. We need nuclear energy because fusion energy is estimated at 30 years away, and alternatives are not up to speed either.

I wanted to punch Tepco in the nose, and I hope I did. Nobody is slapping them around, and they should be slapped HARD! I have been inside Namie. I have seen the deserted streets. I fed a starving horse. I photographed a cattleman before he committed suicide. I've been to Soma, Minamisoma, Haranoumachi, Iidate, Futaba, Fukushima, Koriyama, Iwaki, Mito. It would sicken you to see it up close and personal. You would weep terribly. Those Fukushima people have been beaten as if they were a plague. Those hardworking people, in that gorgeous part of Japan, have been heaped upon more grief than anybody deserves. Rich fat cats at Tepco deserve to feel that pain.

Some of my photos: japantsunami.lightbox.com nuclearjapan.lightbox.com photojournaljapan.wordpress.com japan1yearl8tr.wordpress.com

Thanks S. for taking the highroad and not getting into a bitter squabble. I appreciate it.

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Posted in: TEPCO’s liability to Japan See in context

PS. Idogawa is alluding to information that he is privy to, and I was made privy to through a professional contact that used to work in the now evacuated Haranoumachi. Even without that, there were numerous crimes committed, one being the falsification of records where one of the units core was cracked and remained in operation. This is the falsifying maintenance records, that we have heard so much about, without getting all the facts. I'm still working on all those facts, but have a great portion. I only lack names for the information to be verified and accurately released. FYI - Falsifying records, and recklessly operation a reactor, that is known to have a cracked core is very much a crime. This isn't anything new, as Tepco was caught by NHK, in Niigata and other areas, such as Fukui, doing the same thing. We all have been lead to believe that there have been no criminal elements in their gross conduct. That is misleading. There actions are truly criminal. Thanks for the input.

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Posted in: TEPCO’s liability to Japan See in context

S. 1) I don't have to make a showing that Tepco is going to be held liable. They are being held liable, and I am certain it is because of the concept of strict liability. They are paying, and being held accountable. But, as usual taxpayers bail out the big boys. If Tepco had, in reality, (not in statements made to the press to appease shareholders, etc.) denied any and all claims, there would be class filings, and probably receive no government bailouts as a result. I'm sure there was, and still continues to be, a lot of back room dealings regarding this matter. 2) Tepco's monopoly is not how I put it, it is how you put it. I never mentioned the topic in the article. And I agree with you, the subject of a monopoly is not useful in this particular article. How much of the article was edited you ask? Quite a bit, of course. But, I'm pleased the subject was posted, as it was meant to give people that never heard the concept of strict liability the understanding of what is at stake for big companies that blunder. 3) Yes, type inserted intentionally. I try to keep attacks out of blogs, or keeps things light because words are hard to make a determination regarding attitude. As you know, there are a lot of malcontents from the west living in Japan. I've seen online wars as a result of simple misunderstandings. 4) I do agree, laws on the books and laws in action are not the same in Japan. Thus, my comment, that all laws are subject to interpretation. It's quite clear Japan has a constitution, that was written by U.S. lawyers. It includes concepts such as equal protections, etc. It is also clear that Japan's courts have either no intention of honoring such doctrines, or they simply are incapable. The U.S. gave Japan several opportunities to write their own constitution. They were incapable. The U.S. wrote it, and said -- sign here! 5) Comparative analysis, or conflicts comes down to substantive, and procedural concepts. The fact is, one U.S. citizen could be the named party in a class action, with thousands of Japanese citizens brought into the same claim, and into a U.S. court, through forum shopping, or by naming GE, Tepco, and others as defendants, etc. Of course, the defense would try to have the case moved to a court convenient for their defense, (laws favorable to the defendant), and may prevail. But, regardless of where the harm was felt, as you know, where a company can be found doing business, that jurisdiction is an appropriate forum. I think we're arguing the same thing here, as I do agree with your points here.

Thanks for your comments, and concerns S. Much appreciated! Now, I wish the Japanese government, the IAEA, the JAEA, the NRC, and energy companies had as much consideration as you. And I wish these blog programs would stop trying to retype words! Have a good rainy day!

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Posted in: TEPCO’s liability to Japan See in context

O. Thanks for your interest, (and staying on topic).

1) The UCC strict liability doctrine was incorporated into Japan's law regarding products liability, via Japan’s Product Liability Act, Act No. 85 of 1994. The doctrine applies in Japan.

2) You are throwing criminal and civil issues into one pot. Like water and oil, they simply don't mix. It is automatic that nuclear reactors are inherently dangerous, and thereby incorporated into the doctrine. As the rules clearly state, there is no defense, none available, none, to damages that arise from harm caused by inherently dangerous products. There are many defenses related to many different civil and criminal offenses. There are numerous defenses, and many do not apply to a particular set of facts. No defenses apply to strictly liable. It's part of the doctrine, and I agree with it. Even where the company had done nothing wrong. That is the main point of the article. If a company denied that a product, that is already defined as inherently dangerous, is not inherently dangerous, they would be sanctioned. It would be laudable. The firm would be defeated terribly and sued for malpractice.

Murder has nothing to do with a product being dangerous in and of itself, or not. Murder is defined as a state of mind - the mens rea, or mental state of the crime. Strict liability has nothing to do with the mental state, as negligence, recklessness, or exemplary performance is not even a consideration - which are clearly mental states. Also, murder is a criminal act, where product liability is a civil action. In criminal court, a DA would have to prove their case 99%. In a civil case, there is no DA and the case only has to be proved by - 51%. There is a great difference from facing life imprisonment, or the death penalty, and having your pockets emptied.

Also, there are many categories of murder - first degree, second degree, manslaughter, heat of passion, etc., there are different rules, and different mental states that apply to each and every one of the murder rules.

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Posted in: TEPCO’s liability to Japan See in context

Thanks Z.

I went to school for entertainment and law, not physics. : ) But, I am certainly not incorrect in every aspect of my understanding of what happens with a meltdown. By burning out of control, I mean the core is gone, it breached its containment, and at this point, dangerous radiation is leaking into the environment, and it will do so for a very long time.

No wonder there are differences in opinions as to what happens in a meltdown when the IAEA, the NRC and other toothless agencies don't "officially" (intentionally) define it. I especially like the definition below as it uses wording like, informal, accidental, unintentional, remote...

Now, if I can only figure out what the heck, microsevierts, sevierts, becquerels or curies really mean, and how to measure them accurately, I'd either feel a bit more at ease, or surely be ready to pack my stuff, and head on out of Dodge!

--

Nuclear meltdown is an informal term for a severe nuclear reactor accident that results in core damage from overheating. The term is not officially defined by the International Atomic Energy Agency or by the U.S. Nuclear Regulatory Commission. However, it has been defined to mean the accidental melting of the core of a nuclear reactor, and is in common usage a reference to the core's either complete or partial collapse. "Core melt accident" and "partial core melt" are the analogous technical terms for a meltdown.

A core melt accident occurs when the heat generated by a nuclear reactor exceeds the heat removed by the cooling systems to the point where at least one nuclear fuel element exceeds its melting point. This differs from a fuel element failure, which is not caused by high temperatures. A meltdown may be caused by a loss of coolant, loss of coolant pressure, or low coolant flow rate or be the result of a criticality excursion in which the reactor is operated at a power level that exceeds its design limits. Alternately, in a reactor plant such as the RBMK-1000, an external fire may endanger the core, leading to a meltdown.

Once the fuel elements of a reactor begin to melt, the primary containment has been breached, and the nuclear fuel (such as uranium, plutonium, or thorium) and fission products (such as cesium-137, krypton-88, or iodine-131) within the fuel elements can leach out into the coolant. Subsequent failures can permit these radioisotopes to breach further layers of containment. Superheated steam and hot metal inside the core can lead to fuel-coolant interactions, hydrogen explosions, or water hammer, any of which could destroy parts of the containment. A meltdown is considered very serious because of the potential, however remote, that radioactive materials with long half-lives could breach all containment and escape (or be released) into the environment, resulting in radioactive contamination and fallout, and leading to radiation poisoning of people and animals nearby. The amount of radioactivity released into the environment due to a core melt is measured in becquerels or curies.

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Posted in: TEPCO’s liability to Japan See in context

Hello, and thank you for your comments.

1) PV. You asked, what could you do as a foreigner in Japan? First, were you harmed physically, or economically. Example: Do you lose a contract as a result of the disaster? Were you forced to evacuate? etc. If so, you would have a valid claim.

We all know that April is the beginning of the school year in Japan. Many teachers from around the globe came to Japan, in March, and there was a mass exodus that immediately followed, the disaster, leaving thousands of teachers, who paid their airfare, visa expenses, travel expenses, training expenses, and other expenses such as utility deposits, cell phone, lost salary, where they couldn't perform due to impossibility. Also, U.S. citizens were ordered to evacuate by the U.S. government, which placed airplanes on the tarmac at Narita airport for anyone that wanted to leave. As a result of those losses, those people would be able to collect all resulting damages as a result of the nuclear disaster.

2) Z. The article is about strict l liability and was edited down by the Japan Today editor, which was kind enough to put the article online. The article was actually much longer. The fact is even Chernobyl is still burning out of control, under the ground. The fact is there are three reactors in DaiIchi, and they are definitely burning out of control. That's what meltdowns are. They are so hot that nothing can contain them. No steal, no concrete housing, nothing! They simply melt through the floor and burn into the ground - thus, the moniker - China Syndrome.

3) O. You are wrong. Strict liability made its way into the UCC (Uniform Commercial Code), which was adopted by 49 of the U.S. states, and had already set the standards as to when strict liability is triggered. Just manufacturing, or distributing an inherently dangerous product, in and of itself, is enough to trigger liability. The fact is, there is no defense available to manufactures of inherently dangerous products that cause harm. And that is the main point of the article; If a product is placed into the stream of commerce, and is inherently dangerous, and it causes any harm to anyone, in anyway, regardless of the manufacturers claim, that they were not negligent in causing the harm, they are still liable. Period!

4) S. You won me a free beer and a free sushi dinner. I bet that it wouldn't be ten people before someone, (from the west of course), would malign the article. Do you work for the NRC?

The subject matter is strict liability, and the article was edited by Japan Today. a.) S, wrote "It focuses too much on some legal liability rules that dont really help us understand the situation at all." What situation don't you understand? The article is about liability. Strict liability. I find your statement vague, as I am sure others do too. b.) First, you state that there is not enough detail in the article, and then you say all the details weigh it down. Huh? c.) Tepco's "monopoly", as you put it, in the Tokyo area has received the kiss of death, with the Tokyo government already negotiating with Chubu Electric, in Nagoya to provide electricity for the Tokyo area. There has simply been too much harm done to allow Tepco to escape unscathed. They have been told if they want another cash handout, the entire board must go. I'm sure the greedy shareholders will see to that as their own lawsuit moves forward. d.) As a sensei, you should know the real questions "are." Your rush to attack the article is apparent with the massive amount typos you left behind. Clearly, you gave little thought to your response. e.) The UCC doctrine has been entirely craned, and codified into Japanese law. This makes the entire U.S. doctrine of strict liability applicable. Of course, subject to interpretation, as all laws are, but this doctrine is not difficult to understand. f.) You allude to Conflicts of Law doctrines, in your final "assessment" of my writing. Rules of commerce, impleader, foreign convenience, who the defendants are, and where they do business, all play a role as to what countries laws would apply. Example, Tepco has offices all over the U.S., they do business all over the U.S., therefore it is a strong argument, whether or not strict liability was part of Japan's law or not, that strict liability should apply because Tepco does business in the U.S., and GE, the manufacturer of two reactors, is a U.S., based company doing business in Japan.

You try to make it seem that everything is law is black and white, and that one country only uses the laws of its own country to make legal determinations. You are entirely wrong if that is what you are saying, and Conflicts doctrines clearly show this. To say that American legal "sources" whatever those are, are not applicable to Japan, clearly shows that you don't understand the basic doctrines of Conflicts. Most assuredly, if GE was dragged into a Japanese court, the U.S. laws would certainly be a consideration by the courts and all parties concerned, and they would be argued extensively. Especially, where engineering, design, and manufacturing of two of the failed plant were done on U.S. soil, and two of the U.S. engineers that had quit when the plant was being designed, due to their concerns that the designs would fail, would make the use of U.S. laws an even stronger argument.

I have a good idea. Why don't you write and article dealing with all the issues you raise. I'd love to read it. Man!

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