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compensation - update Feb 18, 2012

N-compensation criteria set / Center urges TEPCO to pay without confirmation of assets' condition

The government's dispute resolution center for damage caused by the crisis at the Fukushima No. 1 nuclear power plant has urged Tokyo Electric Power Co. to swiftly accept compensation claims involving properties in evacuation zones, even if the present status of a property is unconfirmed.

The Center for Dispute Resolution for Compensating Damages from the Nuclear Power Plant Incident announced Thursday general criteria in four categories in which it urges TEPCO to respond to compensation claims.

The criteria say TEPCO should swiftly pay compensation to evacuees who left behind real estate and other assets in evacuation zones but cannot immediately confirm the details of the damage to those assets.

TEPCO has not paid compensation for damage to residences, household items and machinery in the no-entry zone and other areas due to such factors as uncertainty over when residents will be able to return and the impossibility of confirming the damage to such property.

Since the government will review evacuation areas, the timing of residents' return has been unclear and the current state of their assets cannot be confirmed. Therefore, TEPCO asserts, it cannot determine accurate sums for compensation.

However, the center's criteria say that even in cases where the current state of assets cannot be confirmed, TEPCO should pay compensation after assessing the degree of loss incurred from the owners' inability to use the assets.

The criteria also say TEPCO should compensate people who voluntarily left their areas due to the nuclear disaster for the cost of their evacuation.

In these cases, the criteria say TEPCO should accept demands for compensation even if the costs exceed those proposed in guidelines established by the Committee for Dispute Resolution for Compensating Damages from the Nuclear Power Plant Incident. The center was created under the panel.

Only five disputes have been resolved by the center's mediation so far.

The center made the criteria known to the public because it intends to push TEPCO to swiftly resolve disputes by clarifying the center's basic stance on the issue, according to observers.

The center started work in September to smoothly resolve disputes about compensation for damages caused by the nuclear disaster.

If victims ask the center to mediate their disputes with TEPCO, lawyers coordinate negotiations between the victims and TEPCO to encourage them to reach settlements.

As of Wednesday, the center had accepted 948 requests for mediation.

Concerning compensation for those who voluntarily left places where evacuation was not required, the committee has presented a guideline that 400,000 yen should be paid per person for children and pregnant women, and 80,000 yen for other adults for the period through December.

But the center's general criteria say if total travel outlays, hotel costs, other expenses and consolation money exceed the committee's suggested amounts, TEPCO should pay the higher sum.

The committee had limited compensation for people who voluntarily evacuated to those with former addresses in 23 municipalities, including the cities of Fukushima and Koriyama.

However, the center's general criteria say compensation should be paid to people from other areas with high radiation levels similar to those in the 23 municipalities.

Currently, the amount of consolation money for evacuees from government-designated evacuation areas is between 100,000 yen and 120,000 yen a month.

However, the center's general criteria stipulate the amounts can be raised if the evacuees' psychological suffering is especially high, such as for those who need nursing care.

The committee previously presented an interim guideline about compensation. The center's latest criteria present more detailed standards, designed to encourage direct negotiations between TEPCO and victims.

On Thursday the center also released a report about its activities in which it criticized TEPCO's attitude toward reconciliation. The company has reserved judgment over whether to pay compensation to victims in many cases, it said.

"TEPCO has not shown an attitude of trying to positively proceed with dispute-resolution procedures," it said.

Hiroshi Noyama, chief of the center's dispute resolution office, criticized the firm, saying, "TEPCO is far more reluctant regarding the procedures than we expected."

A TEPCO official said, "We sincerely accept the center's opinion and will make utmost efforts."

February 18, 2012

Fukushima nuke disaster refugees may get lump-sum compensation payments

http://mdn.mainichi.jp/mdnnews/news/20120218p2a00m0na010000c.html

 

A government committee has proposed lump-sum compensation payments to nuclear crisis refugees from within the exclusion zones around the Fukushima No. 1 nuclear plant, it has been learned.

The Dispute Reconciliation Committee for Nuclear Damage Compensation proposed the move after concluding that the current multi-installment payment system may prevent residents from restarting their lives in other parts of Japan as they wait to return home.

Furthermore, experts fear that even five years from now radiation doses within the no-go zones may not have decreased to the government-mandated maximum of 20 millisieverts per year, casting uncertainty on the futures of those hoping to return. At present, radiation doses in the zones stand at 50 millisieverts per year or more.

If the proposal is passed, lump-up payments will be made to residents whose homes fall within the 20-kilometer no-entry zone around the damaged nuclear plant, and will aim to cover evacuees' expected future living expenses even after entry restrictions are lifted. The exact payment amount has not yet been decided, but the committee is currently discussing sums covering a minimum of five years.

According to sources, the plan has almost been finalized.

Under the current reparation system, Fukushima No. 1 plant operator Tokyo Electric Power Co. (TEPCO) pays nuclear disaster evacuees installments every three months. Amounts are calculated by adding the monthly base compensation of 100,000 yen per person to a recipient's cost of living, which changes depending on income status.

Meanwhile, under the committee proposal residents whose homes fall in so-called "restricted residence regions," where current radiation doses stand at 20 to 50 millisieverts per year, will likely be eligible to choose between lump-sum or monthly payments.

The committee has also attempted to address the problem of TEPCO cutting reparation amounts in cases where residents have other income, such as part-time jobs. The cuts were introduced by the committee in August last year, but have been fiercely criticized by many evacuees who say the cuts only serve to dampen the motivation to find jobs.

To tackle the issue, the committee discussed the possibility of not enforcing deductions for those earning less than a certain income -- 150,000 yen per month for example, the equivalent of Japan's minimum wage. Deliberations ended, however, without reaching any concrete decision on the issue.

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