TEPCO: Radioactive contamination belongs to landowners, not us
By TOMOHIRO IWATA, Asahi Shimbun Weekly AERA
24 November 2011 During court proceedings concerning a radioactive golf course, Tokyo Electric Power Co. stunned lawyers by saying the utility was not responsible for decontamination because it no longer “owned” the radioactive substances. “Radioactive materials (such as cesium) that scattered and fell from the Fukushima No. 1 nuclear plant belong to individual landowners there, not TEPCO,” the utility said. That argument did not sit well with the companies that own and operate the Sunfield Nihonmatsu Golf Club, just 45 kilometers west of the stricken TEPCO plant in Fukushima Prefecture. The Tokyo District Court also rejected that idea. But in a ruling described as inconsistent by lawyers, the court essentially freed TEPCO from responsibility for decontamination work, saying the cleanup efforts should be done by the central and local governments. Although the legal battle has moved to a higher court, observers said that if the district court’s decision stands and becomes a precedent, local governments’ coffers could be drained. The two golf companies in August filed for a provisional disposition with the Tokyo District Court, demanding TEPCO decontaminate the golf course and pay about 87 million yen ($1.13 million) for the upkeep costs over six months. TEPCO’s argument over ownership of the radioactive substances drew a sharp response from lawyers representing the Sunfield Nihonmatsu Golf Club and owner Sunfield. “It is common sense that worthless substances such as radioactive fallout would not belong to landowners,” one of the lawyers said. “We are flabbergasted at TEPCO’s argument.” The golf course has been out of operation since March 12, the day after the Great East Japan Earthquake and tsunami set off the nuclear crisis. The companies wanted to reopen the course in July, but radiation levels, checked by the Nihonmatsu municipal government in June, were above the national safety limits. On Aug. 10, a level of 2.91 microsieverts per hour was recorded 10 centimeters above ground at the tee of the sixth hole. The level was 51.1 microsieverts per hour near a drainage ditch in a parking space for golf carts, a level comparable to the Ottozawa area of Okuma, 2.4 km from the plant. […]