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Preventing Nuclear Meltdown: Assessing Regulatory Failure in Japan and the United States

Preventing Nuclear Meltdown: Daniel Kaufmann, Senior Fellow, Global Economy and Development, Veronika Penciakova, Research Assistant, Global Economy and Development, The Brookings Institution

  • “Many wonder whether Japan’s nuclear disaster could have been averted. The embattled operator of the Fukushima nuclear plant, Tokyo Electric Power Company (TEPCO), has borne the brunt of criticism; its numerous failures over the years are certainly well known. However, Japan’s Nuclear and Industrial Safety Agency (NISA), responsible for regulating the nuclear industry, also ought to be subject to particular scrutiny for allowing TEPCO to operate despite its past safety and disclosure violations. We thus ask what types of regulatory failure may have contributed to Japan’s nuclear crisis and assess whether the U.S. Nuclear Regulatory Commission (NRC) is at risk of committing similar errors. Regulatory failure occurs when the regulatory system is deeply flawed – such as when it over- or under-regulates or when the regulatory design is based on “old science”. Regulatory failure also happens when agencies inadequately fulfill their oversight, supervisory and enforcement functions. Failures by regulatory agencies can go undetected for some time until they are exposed by a crisis, such as the BP oil spill in 2010 and the financial crisis that originated in Wall Street in 2008. When assessing regulatory failure, it is important to distinguish between at least three different types of failure: lack of resources, mismanagement and poor technical expertise, and capture of the regulator by the regulated. Episodes of regulatory failure result from different combinations of subpar performance in some or all of these components. Which dimensions were associated with the failures at Japan’s regulatory agency? Does the U.S. nuclear energy regulator face similar challenges? Let us review each of the three types of failures in the context of Japan’s NISA and the U.S.’s NRC.”
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