Fukushima Daiichi Meltdown, Cleanup, and Liabilities
By: Matt Daniels
Abstract
In 2011, a tsunami struck Japan’s eastern coastline. The Fukushima Daiichi
Nuclear Power Plant was in the tsunami’s path. When the tsunami arrived at the plant, it
washed over the wave barrier and flooded the complex. The systems that cooled the
radioactive core were incapacitated, resulting in a meltdown. Nuclear contaminants can
be extremely dangerous for hundreds of years. Because of this, nuclear accidents pose
unique dangers to the environment and the public. As a result of the Fukushima
meltdown homes within 20km of the plant were evacuated and may never be habitable
again. This paper examines the unique dangers of nuclear accidents, any international
obligations to assist Japan, and discusses the liabilities a disaster such as this would
create if it occurred in the United States.
________________________________________________________________________
In the afternoon of March 11, 2011, a magnitude 9.0 earthquake struck a rather
nondescript span of the Pacific Ocean. Forty-five miles out into the Pacific Ocean is not
the most popular of destinations, and sothe initial toll was not particularly high. The price
for nearby Japan, however, would be a different story.
The shockwave created by the earthquake rushed toward Japan at forty miles per
hour, eventually crashing into the eastern seaboard an hour after the initial quake. Waves
up to twenty feet high swept as far as six miles inland. Much of the country’s eastern
seaboard was decimated. Homes, cars, and lives, were lifted from their foundations and
swept out to sea. Eighteen thousand were dead or missing.
The Fukushima Daiichi
Nuclear Power Plant was located on
the eastern seaboard. Despite
repeated warnings by officials, the
plant’s tsunami wall was inadequate.
The tsunami swept over the wall,
flooding and knocking out power to
most of the complex. All nuclear
power plants have backup generators
to supply the plant with power
should the main source be lost.
Unfortunately, the generators were
located in the basement, and were
soon under several feet of water.
http://images.nationalgeographic.com/wpf/mediacontent/photos/000/331/cache/tsunami-facts-update-earthquakejapan_33135_990x742.jpg
pumped
cold water into the cores of three
Without power, the systems that
reactors failed. Without a steady stream of cold water, the cores’ temperatures increased.
With temperature in the cores spiraling out of control, the water was heated until it turned
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to steam and the cores became so hot they literally melted. As the heat increased, so did
the pressure. Despite several attempts to vent this pressure, the protective containments
around the cores exploded, ejecting radioactive material into the surrounding area.
Nuclear disasters pose a distinct threat. The object of this paper shall be to discuss
the state of the cleanup effort at Fukushima, any obligations the international community
has to assist in this cleanup, and to analyze the liabilities created should an analogous
disaster occur in the United States.
I.
The Cleanup Effort
Nuclear contamination is a unique problem for many reasons. First, each atom of
radioactive material is capable of emitting radiation. Radiation is a particle emitted from
an atom, and this radiation can be harmful a person in a plethora of ways. Thus, each
atom of radioactive material can potentially harm someone.
Radiation comes in a myriad of forms. For our purposes, there are three categories
of radioactive materials: gamma emitters, beta emitters, and alpha emitters. Gamma rays,
the radiation emitted by the most dangerous radioactive compounds, are photons, highenergy particles of light. Gamma rays can make their way through variety of materials,
including the protective layer of a human’s skin and flesh. There, they can damage
people’s cells and DNA.
Beta particles, on the other hand, are electrons. These electrons can worm their
way into the human body, but cannot penetrate as deeply or through many materials as
gamma rays. Alpha particles are considered the least harmful type of radiation. An alpha
particle is a helium nucleus (two protons and two neutrons). Since the particle is so large
it cannot penetrate many materials, and thus our skin protects us from them. However, if
an alpha-emitting compound is eaten or inhaled it can cause damage to the cells within
the body.
These types of radiation damage our cells by their tendency to ionize atoms. (See
also, Ionizing Radiation.) When one of these particles is emitted and interacts with an
atom in our body, it can do one of three things. Gamma rays tend to knock electrons off
of atoms; beta rays add an electron to the atom; and alpha particles strip electrons off
atoms. This ionization fundamentally changes how atoms behave. Our biochemistry is so
finely tuned, that when atoms do not behave as they are supposed to, biological processes
cease to function properly. Thus, ionizing radiation is quite harmful to us.
If a person receives a large enough dose of ionizing radiation, it can interfere with
their biochemistry, leading to potentially fatal radiation poisoning. If enough radiation is
received over time, it can alter the structure of a cell’s DNA, eventually causing cancer.
Therefore, radioactive materials can be extremely dangerous. The problem at
Fukushima is, in the simplest sense, keeping the radioactive material within the plant
contained there. Once these radioactive materials are released into the environment, they
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can be eaten or absorbed by animals and plants. Once those organisms have absorbed the
radioactive material, it is then incorporated into their bodies, paving the way for humans
to similarly absorb it.
The real issue with radiation is not simply that human beings might be exposed to
it. The average American receives a dose of radiation every day. Residents in Denver
receive almost twice the dose of the average American. Brief exposure to radiation is not
very harmful, provided that the dose is low. The true harm presented is the possibility
that these radioactive materials could be absorbed and incorporated into one’s body,
where they may emit radiation until they decay. Persistent exposure to significant
amounts of radiation is dangerous (See also, Strontium). Mere exposure to radiation,
however, happens on a daily basis. Indeed, the iconic radiation suits do very little to
mitigate radiation. Their actual purpose is to protect the wearer from getting radioactive
materials on or in themselves.
Consider what would happen if someone were to take a piece of radioactive
material, seal it in plastic so that the material itself was contained, but would still emit
radiation. The material is then placed in a room full of law students. In all likelihood,
panic would ensue. However the remedy to this situation is to simply exit the room. As
long as one does not linger around ionizing radiation, the risk of receiving a harmful dose
in such short a time is low.
Now, let us say that the piece of radioactive material is ground to dust and poured
into the middle of that same room of law students. Now this is more of a problem. Not
only is the material not in plastic, it is ground into dust. Try as one may, they would
never be able to remove the dust from the carpet entirely. If the material was vacuumed it
up, it would simply disburse into the vacuum. The vacuum may even fling some of the
material into the air, where the students could aspirate it or swallow it. Once the material
has been incorporated into your body, you cannot get away from it – the radioactive
material is coming with you. Since you cannot simply remove yourself from the material,
as in the first example, the total dose of radiation you receive from the material increases
many times over.
This is the problem facing the cleanup efforts at Fukushima. When the reactors
exploded, they flung radioactive contaminants over a 30-kilometer radius around the
plant. The term radioactive material literally means just that - Dust, particles and tangible
pieces of radioactive material. If you were required to go outside right now, and pick up
every single piece of Cesium you could find in the dirt, how likely would you be to
complete that task? It is simply physically impossible to completely clean up a
radioactive disaster such as the one at Fukushima Daiichi. In this context, a “clean up” is
at best an ameliorative goal, unlikely to ever be reached.
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Element
Cesium-137
Iodine-131
Strontium-90
Emission
Beta
Gamma
Beta
Half-life
30.17 +/- .03 years
8.0197 days
28.79 years
Within the core of a nuclear power plant, lies as much as 90 tons of a radioactive
isotope of Uranium. The individual atoms of the uranium isotope (U-235) are split. This
splitting releases heat that is used to generate steam, which is then used to spin turbines
and generate electricity. This nuclear fission produces two elements with a smaller
atomic number, which are usually also radioactive. Among the most dangerous of these
materials are Cesium-137, Iodine-131, and Strontium-90.
The human body stores trace amounts of Cesium; we readily absorb and
assimilate Cesium into our musculature. Unfortunately for us, our bodies do not
distinguish between the nonradioactive Cesium, and the radioactive Cesium-137. To
make matters worse, Cesium is an alkali metal, which means it easily reacts with water to
form a salt, which is in turn easily dissolved in water. This solubility makes Cesium hard
to contain in places like Fukushima where there are heavy rains and subterranean water
flows. Therefore, Cesium-137 is a particularly dangerous radioactive isotope because of
its difficulty to contain, and ready absorbability by the human body.
Iodine-131 is a gamma emitter, which as mentioned previously, is considered one
of the most damaging types of radiation.
Iodine is readily absorbed by the thyroid
gland, where radioactive isotopes of the
element can decay and cause thyroid
cancer.
Strontium-90 is chemically
similar to calcium. Therefore, our bodies
deposit it into our bones, where it can
decay and cause bone cancer such as
leukemia. Children who were born in the
1950’s-1960 actually have more
radioactive strontium in their bones
because of widespread nuclear testing
during this period.
These compounds are just a few
of the many radioactive isotopes present
in the core of a nuclear reactor. If enough
these materials are disbursed into an
area, it may never be habitable again.
http://online.wsj.com/news/articles/SB10000872396390
444772404577589270444059332
That being said, the estimates of
radioactive material released by the
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Fukushima disaster are far from the apocalyptic amounts many suggest. Dr. Richard
Muller, a physicist at the University of Berkley, estimated that the total deaths caused by
the radioactive material from the Fukushima plant will be 1,500 deaths over the next
seventy years. (See, linear hypothesis of radiation exposure). Considering that the
tsunami killed 18,000, and that about 1,500 people die in car crashes every two weeks in
the United States alone, 1,500 deaths is a relatively small number.
The cleanup effort at Fukushima aims to keep this number as low as it is, but it is
treacherous work. A nuclear meltdown is aptly named – the radioactive core of the
reactor becomes so hot it literally melts. This radioactive material is difficult to contain
when it’s molten. It can melt through its protective casings and seep into the ground,
polluting the nearby area with radioactive contaminants. Further, with the temperature of
the molten core reaching at least 1,132 degrees Celsius, there would simply be no way
that the molten material could ever be removed from the site. Therefore water must be
pumped into the site to keep the core in its solid state so that it may be scooped into
protective containers and removed.
At Fukushima, about 400 tons of water is pumped into the ruined reactors every
day. This water comes into direct contact with the radioactive cores, picking up and
dissolving radioactive sediment. Some of the water gave radiation readings of 1000
millisieverts per hour, a dose that would probably give a person radiation sickness. For
context, Nuclear
workers are
permitted to
exposure to 20
millisieverts per
year. Needless to
say, this amount of
highly radioactive
water cannot simply
be discharged into
the environment. It
must be stored, and
eventually filtered
before it can be
released into the
http://fukushimaupdate.com/can-an-ice-wall-stop-radioactive-waterleaks-from-fukushima/
ocean.
Subterranean groundwater also presents a problem. Radioactive materials have
leached into the ground under the plant. From here, the radioactive material can make its
way to the water table, and then into the Pacific Ocean. To address this, the Japanese
government has commissioned an apparatus that will create an underground wall of ice to
surround the ruins of the reactors. The ice wall, to measure one hundred feet deep, will
hopefully prevent subterranean water from flowing through the area, thereby alleviating
the risk of it carrying radioactive materials into the ocean. Though other ice walls such as
this have been created, this will be the largest system of its kind. Some are skeptical that
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this system will work at all, but smaller, similar, systems have successfully prevented
radiation leaks in the United States. It is estimated to cost around $400 million.
Yet another formidable task is removing the radioactive fuel still in the reactors to
a safe location. Removal of the nuclear fuel from one of the reactors began on November
18. With Reactor Three alone containing 90 tons of nuclear fuel, the task is daunting to
say the least. If the rods break or overheat it could initiate a self-sustained nuclear
reaction, causing another meltdown. There is 1760 tons of fuel stored at the plant;
Chernobyl only stored 180 tons.
All in all, the cleanup is estimated to cost a staggering $10 billion. The Tokyo
Electric Power Company (TEPCO) is responsible for the clean up. As the owner of the
Fukushima plant, TEPCO is strictly and exclusively liable for damages resulting from
nuclear damage pursuant to Japanese law. Nuclear power plant operators are required to
financially secure their liability up to $1.57 billion. If nuclear damage exceeds this
amount, the Japanese government may help the operator compensate the damage. The
Japanese Ministry for Education, Culture, Sport, Science and Technology (MEXT)
establishes a reconciliation committee which victims of the nuclear damage may bring
their claims to. The public has a three-year statute of limitation for them to bring their
claim.
National and Third Party Liability
Legislation
Nuclear power plant operator subject to
strict, unlimited liability and required to
financially secure JPY 120 billion ($1.57
billion) per site. Can be completed by
government funds if approved.
Amount paid by the government to
TEPCO: JPY 120 billion ($1.57 billion).
Amount received by TEPCO from the
Nuclear Damage Compensation
Facilitation Corporation: JPY 558.7 billion
($5.35 billion)*
Estimated provisional compensation paid
thus far:
-JPY 52 billion ($.68 billion) to
households*;
-JPY 43 billion ($.55 billion) to individuals
for evacuation fees*;
-JPY 63 billion (.82 billion) to farmers,
fishermen, and small-medium sized
companies*
Indemnity Agreement
Nuclear Damage Compensation
Facilitation Corporation
TEPCO
Adapted from a table made by Ms. Ximena Vasquez-Maignan, senior legal advisor for NEA.
* as of 2011
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II.
International Obligations
While there are numerous reasons that the international community should assist
the Japanese in the cleanup, there is nothing that would obligate it to do so. Several
international conventions could have come into play in the Fukushima cleanup. These are
the Convention on Third Party Liability in the Field of Nuclear Energy (the Paris
Convention), the Convention on Civil Liability for Nuclear Damage (the Vienna
Convention), and the Convention on Supplementary Compensation for Nuclear Damage
(CSCND). Japan has signed none of them.
These treaties all provide a framework for countries affected by nuclear disasters
to receive funds assisting with the cleanup. There is, however, a cost. The treaties
stipulate that the operator of the plant where the disaster occurred will be held solely
liable for any damages caused by the disaster, and that all other parties shall be
indemnified. In early November, U.S. Energy Secretary Ernest Moniz urged the Japanese
to sign the CSCND. The treaty requires five signatories to ratify it to bring it into force,
and Japan would be the fifth.
Many nations are skeptical of a
treaty that would place sole liability on a
domestic operator, regardless of any
other (and probably foreign) party’s
potential negligence. As discussed
previously, TEPCO is already held
exclusively and strictly liable for the
disaster to Japanese citizens. Should
TEPCO be held solely liable for the
damages to the rest of the world, it
Pictured: Japanese Prime Minister, Shinzo Abe.
http://www.topnews.in/files/Shinzo-Abe_16.jpg
would likely mean the end of the company.
The Japanese government has already bailed
out TEPCO once. Without TEPCO, who will finish the clean up? On the other hand,
there is no guarantee that TEPCO will survive even without the treaty. By signing the
treaty, Japan would at least receive some monetary assistance from the international
community.
III.
Domestic Hypothetical
If an accident like Fukushima Daiichi meltdown occurred in the United States,
things would be very different. The Price-Anderson Act was enacted into law on
September 2, 1957. It effectively indemnifies owners of nuclear power plants from public
liability for nuclear accidents. In exchange, the act creates an insurance pool of $11.975
billion. At its inception, the legislation encouraged investment in the private nuclear
power industry.
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Under the Price-Anderson act, each nuclear power plant operator pays a $375
million dollar premium in private insurance for each reactor site. If a nuclear disaster
causes damage in excess of this amount each licensee shall be assessed a prorated amount
of up to $111.6 million dollars, for a grand total of $11.6 billion. For damages that exceed
this amount, congress may increase the amount covered by the licensees or may issue
funds itself.
The Price-Anderson insurance covers bodily injury, property damage, sickness,
death, and reasonable living expenses resulting from a nuclear catastrophe. During the
Three Mile Island accident, the fund disbursed money to evacuated families from the
affected zone for living expenses and lost wages. The fund was later used to settle a class
action suit for economic loss brought by residents who lived near the Three Mile Island
plant.
In addition to the Price-Anderson act, the Robert T. Stafford Disaster and Relief
Fund provides assistance to state and local governments. The relief fund is designed to
provide early assistance to those affected by national disasters. It enables states to pay
25% of the cost of temporary housing, repairs, temporary mortgage or rental payments
and other "unmet needs" of disaster victims. The federal government pays the other 75%.
From the perspective of the plant operators, the Japanese and American
compensation schemes are markedly different. In the United States, the operators are
indemnified, whereas in Japan operators are held solely and exclusively liable. Further,
American operators collectively bear the entire brunt of a nuclear accident. The operators
themselves insure up to $375 million, and if the damage exceeds that amount the rest
pitch in. In Japan, the operator guarantees $1.57, a much larger premium, but is
dependent upon the Japanese government to bail them out if the damage exceeds that
amount.
As previously noted, the aggregate estimated cost of the cleanup is $10 billion.
Thus, assuming that the estimate is correct, the total insurance allotted by the PriceAnderson Act should cover the initial costs of a Fukushima-like disaster. However, this
does not include future damages caused by the radioactive contaminants. A claim for
property damages based on radioactive contaminants in the soil is relatively easy to prove
with a Geiger counter. Causation for personal injury, however, is more complex.
Claims brought for personal injury damages caused by radiation would face a host
of causation problems. How would one determine whether the cancer they died from was
the result of radioactive contaminants? With the exception of Strontium-90, the
radioactive materials most readily absorbed by the body do not stick around in it.
Unlike Mesothelioma, which can easily be linked to asbestos, many of the harms
caused by radiation have a myriad of other causes. Thyroid cancer, while rare, may be
untraceable to the Iodine-131 if the isotope has long since decayed. Cesium-137 is
present in the body for only a few months before it is excreted. Further, radioactive
Cesium may cause many forms of cancer, none of which are specifically traceable to
Cesium-137. Plaintiffs will have a difficult time linking their harm to the meltdown.
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Assuming the estimate made by Dr. Muller in this hypothetical,1,500 people
would die from radiation exposure caused by the meltdown. To recover, these 1,500
people would have to face the causation hurdles mentioned above. There is no way to tell
how much each individual case would settle for, but considering the causation challenges,
it is likely that a good number of claims would be unsuccessful.
For these reasons the United States is better equipped to handle a Fukushima-like
meltdown. The operators of the plant would likely be held to $486 million, as opposed to
TEPCO that paid $1.57 billion. Additionally, the United States would have fewer
financial obligations than the Japanese government. Where the Japanese must pay $8.43
billion, the U.S. would only pay the amount in excess of the Price-Anderson insurance.
There may not even be damages in excess of $11.975 billion. The only actor who would
get the shorter end of this stick would be the other licensees, who would have to chip in
$111.6 million. Then again, it is possible that the backlash against the nuclear industry
after such an accident would be mitigated by a system like the Price-Anderson Act.
IV.
Conclusion
The cost of the Fukushima disaster is immense. At $10 billion, the cleanup from
this accident is staggering and Japan is largely without help. Had this occurred in the
United States, the industry and government might be better prepared, but the damage
would still be done.
It is patently apparent that an accident on this scale exacts an enormous toll. Many
homes around Fukushima will be uninhabitable for hundreds of years. An estimated
1,500 people will lose their lives, and thousands more had their lives ruined. However,
we should not be so quick to discount nuclear power on account of one disaster. Nuclear
power fills an important role in the larger energy scheme. For all its pitfalls, nuclear
energy is among the cleanest in terms of greenhouse emissions. Gamma radiation might
sound bad, but just wait until the ice caps melt.
For all the money the Fukushima meltdown will cost, it is still a rectifiable
problem. People can be mobilized, topsoil can be removed, and radioactive isotopes will
eventually decay. The planet’s climate, however, may be another sort of problem entirely.
Nuclear energy could be the only viable path to clean energy our species will have for
centuries to come. They answer may not be making nuclear energy a thing of the past, but
making it safer.
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