**5. Results and discussion: lack of independent oversight is the common problem**

As can be seen from the above three cases, Japan's policy debate is now polarized between "pro" and "anti" which led to unconstructive policy debate over important policy issues which need to be resolved regardless of the future of nuclear power. It is the lack of independent oversight that needs to be addressed.

In the first case of decommissioning process of the Fukushima Daiichi reactor, lack of independent oversight resulted in wrong choice of technology dealing with contaminated water and inappropriate treatment of contaminated water. In the second case of disposal of radioactive waste, despite recommendations within the government, the METI has not established an independent oversight organization. Instead it still relies on JAEC which is not truly an independent organization. This led to lack of public trust and misconduct by NUMO. The third case dealing with plutonium stockpile also shows that independent oversight organization is recommended to solve complex technical/social and even international security issues involved.

In fact, right after the Fukushima accident, JAEC emphasized in its policy statements that having an independent oversight by the third party is essential to restore public trust and more constructive policy debate. The proposal to establish such an independent oversight organization was made in the context of (1) decommissioning process of the Fukushima Daiichi reactors, (2) decision-making process of final disposal of radioactive waste, and (3) assessment of nuclear fuel cycle and R&D programs. In all these cases, the assessment has been done only by the government agencies or the advisory council under the responsible government agencies.

What constitutes the key characteristics of "independent, third" party for the oversight process? The author argues that the following four conditions are essential:

First, independent funding and secretariat; it is essential that the organization must have independent funding and its own secretariat. In fact, JAEC was criticized in 2012 that its secretariat staff came from power companies and nuclear industry. Later, JAEC released those staff to be more independent. Still their staff come from other government agencies and it has no own staff.

Second, independent expertise; unless the organization has its own independent expertise, it has to rely on the outside organizations. Their analysis and judgment may not be independent if it does not have enough expertise in the organization.

*Energy Policy*

interview with Kyodo Press:

*thinking the exact same thing?"* [30]*.*

the other party 6 months in advance.

Stock in Japan (Pu total)

Stocks in Europe (Pu total)

needs to be addressed with serious attention [31].

*which includes non-fissile isotope of plutonium (Pu 240 and Pu 242).*

*Japan's plutonium stockpile (as of the end of 2016 and 2017).*

Japan's Utilization of Plutonium," which says the following:

This plutonium stockpile issue has raised international concern. In 2016, a former US government official expressed his concern over Japan's plutonium stockpile and its reprocessing policy. Jon Wolfsthal, Senior Director for Arms Control and Nonproliferation at the National Security Council said the following in a recent

*"There is no question that plutonium recycling in Japan has been expensive. That is a challenging future for Japan. If Japan were to change course, they would find the United States to be supportive…. The upcoming renewal in 2018 of a bilateral nuclear agreement with Japan has the potential to become a very controversial issue…If Japan keeps recycling plutonium, what is to stop other countries from* 

As noted above, under the 1988 US-Japan bilateral nuclear energy cooperation agreement, Japan has been given a 30-year "programmatic prior consent" on reprocessing, i.e., unlike a typical bilateral agreement, Japan does not need a case-by-case prior consent on reprocessing. This has been considered as a "special privilege" as only the European Atomic Energy Community (EURATOM) and Japan are given such special arrangements. The 1988 agreement was extended without any amendment in July 2018, but now the agreement could be canceled if either party notifies

Concern over reprocessing programs are also spreading in Northeast Asia. The ROK government, during bilateral negotiation with the USA, strongly insisted that it has a sovereign right to reprocessing as Japan does. China is now planning to build a commercial reprocessing plant, imported from France, while criticizing Japan for holding a large plutonium stockpile. So, it has become a regional security issue and

In order to reduce such international concern, the METI's new Energy Strategic Plan [5] mentions for the first time that Japan aims to "reduce its plutonium stockpile". In addition, on July 31, 2018, JAEC also published its new "Basic Principles on

Reprocessing plants 3913 3863 MOX fuel plant 3805 3854 Stored at reactors 2126 2829 Subtotal (Pu fissile)\* 9844 (6605) 10,548 (7050)

The United Kingdom 20,839 21,232 France 16,217 15,486 Subtotal: Pu total (Pu fissile) 37,058 (24,510) 36,718 (24,265) Total (Pu fissile) 46,902 (31,115) 47,266 (31,315)

*Fissile plutonium (Pu 239 and Pu 241) contents of plutonium which is typically about 60% of total plutonium* 

**2016 (kg) 2017 (kg)**

**112**

*\**

*Source: [23].*

**Table 1.**

Third, legal authority; independency must be institutionalized by legal status, and clear statute is needed. Ambiguous status of the organization can lose its influence and effectiveness.

Finally, complete transparency in its decision-making process. It is essential that transparency must be institutionalized backed by legal standard so that it can be verified later.

The establishment of independent oversight organization is also recommended by the National Diet of Japan Fukushima Nuclear Accident Independent Investigation Commission in 2012. In its recommendation 7, it says the following:

*"A system for appointing independent investigation committees, including experts largely from the private sector, must be developed to deal with unresolved issues, including, but not limited to, the decommissioning process of reactors, dealing with spent fuel issues, limiting accident effects and decontamination" [36].*

In May 2017, the Diet finally established an advisory board, consisting of eight independent experts but has not established the independent investigating committees recommended above even 7 years after the accident. If the government cannot establish such independent oversight organization, the Diet can set up such independent organization to overcome Japan's polarized policy debate over nuclear power.
