1-year-old named in Fukushima lawsuit by US Navy members

Published: December 27th, 2012 at 11:11 pm ET
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Title: U.S. Sailors File Suit Against Fukushima Nuclear-Plant Operator
Source: Wall St. Journal
Author: Yoree Koh
Date: December 28, 2012

Eight U.S. Navy sailors who took part in rescue operations following last year’s devastating earthquake and tsunami in northeastern Japan filed a damages suit last week against Tokyo Electric Power Co.

[...] One of the eight sailors also named her daughter, born seven months after the March 11 disasters, as a plaintiff in the suit. [...]

The sailors claim they “must now endure a lifetime of radiation poisoning and suffering which could have been avoided.” The filing doesn’t specify the sailors’ medical conditions before or after March 11. [...]

In an October report, Tepco for the first time admitted it had knowingly avoided implementing safety measures to protect the plant.

See also: Navy crew members sue Japan over Fukushima cover-up -- "Irreparable harm to life expectancy" -- Gov't and Tepco conspired

Published: December 27th, 2012 at 11:11 pm ET
By
Email Article Email Article
91 comments

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  2. Fox News: “So many US sailors coming forward” with symptoms after mission near Fukushima; “Strange lumps all over… he’d been poisoned with radiation”; Hemorrhaging, cancers, leukemia, tumors — Another 50 service members may join lawsuit December 20, 2013
  3. FOX News: “A Fukushima Fightback” — US Navy sailors say there was a conspiracy to withhold truth about radiation releases (AUDIO) December 31, 2012
  4. Paper: Navy sailors have experienced “great physical pain” after Fukushima radiation exposure says lawsuit — “Therapies such as chelation and bone marrow transplants” required December 28, 2012
  5. Navy crew members sue Japan over Fukushima cover-up — “Irreparable harm to life expectancy” — Gov’t and Tepco conspired December 26, 2012

91 comments to 1-year-old named in Fukushima lawsuit by US Navy members

  • andagi andagi

    Dear Folks,
    'knowingly avoided implementing safety measures to protect the plant.'
    The dam's just burst …and my heart breaks in the same instant.
    Let's stick together and help with the illuminations of despicable truths.
    Thank you Admin.
    Aloha.


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  • aigeezer aigeezer

    This story fails many smell tests for me:

    1. It's in the WSJ. What is their interest?

    2. It features a photo, immaculately composed and presented, of a single crew-person (wearing forest-style camo) scrubbing radiation on the otherwise-empty carrier deck, photo credit to the US Navy.

    3. If you scroll over the Tepco name in the story, its stock value pops up, and the stock just happens to be down upon this bad news story – gives an edge to anyone who knew the story was coming out. (Think about how that generalizes).

    4. The story cites "nearly 20,000 personnel", of whom eight are suing. What are the rest doing, and why? Do these eight represent the navy? Why (not)? If yes, why this odd go-it-alone approach? If no, where is the service discipline that kept the RR crew silent for the first 20 months or so?

    5. The many compound ironies such as: occupying forces serving as rescuers (but suing), nuke-powered warriors being surprised unfairly by nuke dangers, eight military Americans in harm's way rather than millions of other people, plants and animals, the NRC's (non)involvement, blameless GE, and of course… thousands of Hiroshima and Nagasaki civilians slaughtered by nukes not so long ago by the complainants' predecessors.

    The story is more than meets the eye so far. I speculate that it is an attempt to compartmentalize blame and jump-start the failed nuke renaissance.

    SHUT THEM ALL DOWN


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    • AFTERSHOCK AFTERSHOCK

      respectfully disagree with many of your suspicions.

      1) WSJ has been reporting on Fukushima; not to the extent we'd desire, but they have been. And as this story's beginning to get attention, 'me too' comes into play.

      2) The photo/image is literally 'window dressing'. Not relevant to the issue (law suit, in this case).

      3) Not sure of the significance between TEPCO's 'stock value' and the story itself. It's natural that many WSJ readers might also be concerned with its current value.

      4) Your question regarding disparity in representative plaintiffs can be explained by your fifth point: vested interests. Such a small 'sampling' is doubtless due to a lack of response on the part of the plaintiff's superiors. Should this law suit (and story) gain traction, more parties will become involved.

      5-a) The law requires an occupying force to mediate conflicts within the occupied territory. This obligation expands into all humanitarian and environmental challenges. Occupiers can (and may yet) be held responsible, if it's proven they ignored the needs of the occupied population. 5-b) the concept of a command structure presupposes a need to know. Information was likely withheld from the crew and possibly ship commanders. 5-c) this law suit's success will go far towards changing attitudes and accountability. 5-d) we're already aware of nuclear powers part in the war machine. 5-e) pre-311 record is not part of law suit.

      Easy on the coffee bro'…


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      • Heart of the Rose Heart of the Rose

        Accountability..there is no accountability.

        Congress(Classified) Vote To Defend Against(Classified)

        http://www.youtube.com/watch?v=5EcRMpRfhQk


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      • aigeezer aigeezer

        Perhaps, AFTERSHOCK. Who knows? Item by item:

        1. Agreed, they have been reporting all along, but with very intensive spin. Remember Phred Dvorak's breathless story about how the DaiIchi buildings were pink on the inside? My sense is that this is also a spin piece.

        2. The photo is indeed window dressing, no argument. The question is how that particular piece of window dressing (completely phony in terms of actual events) came to the WSJ. Their source had to be the navy. Why would the navy produce that particular piece of window dressing? Who is the intended audience? What message is it intended to convey? Why? I'm not offering answers, but I'm saying the story as presented is almost certainly distorted.

        3. I'm highlighting a mechanism. Print a bad story about a company and embed its real-time stock price or print a good story about a company and embed its real-time stock price. There are unfair advantages for people to buy or sell the stock just before the story hits – if they know it is coming.

        4. Maybe. Who knows? My guess is that the navy and the nuke establishment are heavily involved, but staying back to allow plausible deniability. Do we know yet how the suit is being funded?

        5. "The law requires" all sorts of things, for all sorts of reasons. Laws are written and broken routinely by those with power. Little comfort there.

        Hehe – we're a ways apart at this stage. We'll see how the story develops.


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        • AFTERSHOCK AFTERSHOCK

          agreed on all your points aigeezer! Most significant was the statement about law; that it is often ignored. But I'm hoping this class of plaintiffs will carry weight in bringing some balance to these ongoing injustices.

          As to who's footing the bill? I'm sure they're being represented pro-bono. Which hints there's a lot more evidence to come. Unless there's a good case, most class-action-suit lawyers (especially in today's market) are not amenable to such good will.

          If you recall, I said (long-ago) this will all come down to lawyers; that we shouldn't hold our breath for any-other intervention. (Next in line will be the insurance/medical/liability industry.)

          Between localized legal action within Japan and international initiatives like this law suit, we're witnessing the first touch of rubber to the road. And though we all know most are of questionable character, lawyers know just-how to make the right kind of noise.

          But like you said, we'll see…


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          • Time Is Short Time Is Short

            Everybody hates lawyers until someone steals from you or hurts your family.


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          • aigeezer aigeezer

            AFTERSHOCK, I agree this may have a good outcome, and it might be the beginning of a deluge of legal activity.

            However, to expand a bit on my wariness theme… the media story so far is that a handful of military grunts were ordered into a dangerous situation and, almost two years later, are suing – not those who ordered them into danger, but a foreign government whose alleged disinformation led to those orders.

            OK, somewhat plausible so far, but… the only source of the correct information – the realization that things were far worse than the official story – has to be either the American brass who gave the orders or the Japanese sources who allegedly lied, in which case… how did the handful of military grunts get access to "the truth" when the official line in both Japan and America holds that everything is and was fine?

            Their case depends on providing evidence of "the truth" which can only come from the very sources they say have withheld it.

            I'm not at all disputing the merits of the arguments from the unlucky military grunts. Rather, I'm wondering what the various big players want out of this and how they hope to get their way. I'm guessing that the WSJ, the US Navy, the US and (new) Japanese governments would all like to flog some token scapegoat, so that the nuke industry can start up again. Call me cynical. ;-)


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            • AFTERSHOCK AFTERSHOCK

              understand aigeezer what you're pointing out. It's typical of those in control, to turn lemons into lemonade. That doesn't surprise me that they'd attempt such.

              Not being privy to any discovery materials, I can't speak (just yet) to the what-where-and-when.

              I doubt this action is a show on the part of the lawyers or plaintiffs. They'd have to know up-front if they're in possession of evidence (and arguments) that supports their action.

              As to the nature of that evidence? That supporting 'truth' may have been 'sequestered' by the crew before the 'decks were scrubbed'. And where it's quite possible that this evidence will ultimately be quashed (using typical arguments that it's proprietary and subject to national security), it must still come under third-party (court) review. It must still come to light (discovery) before it's covered-up (dismissed)!

              And regardless what TEPGOV claims they knew or didn't know, they can still be held accountable for failure to comply with their operational charter; something that's imposed on all NPP operators. Let them say in an open court of law that their monitoring systems were down. Then let them explain why there were no worse-case contingency plans in place. By the time they're done absolving themselves from direct liability, they'll be indicting their – entire – industry! Such an outcome would be awesome…


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              • AFTERSHOCK AFTERSHOCK

                and you're far from cynical. I'd use "savvy" to describe your discerning eye…


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                • aigeezer aigeezer

                  Thanks, AFTERSHOCK, my mood remains cynical even as you lift my spirits.

                  It brightened, imagining your "open court of law" – it would be great watching the lies and contradictions come bubbling out, and some form of justice taking place.

                  Then I thought it may never be an open court because nuke world is cloaked in security, and hugely powerful entities will rig the game.

                  Even worse, I thought that even if all the perps were hanging from lampposts, the meltdown damage still goes on, with much much more to come over many years. Also, some day, for whatever reason and in whatever place, cooling will inevitably fail where it must not fail, and the Fukushima horror will become just one among many.

                  Thanks for helping me think about this stuff – we'll all find a way out eventually, but we're not there yet.

                  Yikes, I've just written an "ain't it awful" post, a practice I usually deride when other people do it. ;-)


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                  • AFTERSHOCK AFTERSHOCK

                    I'm an advocate aigeezer of the philosophy that nothing exists that is not supposed to exist. IMO, what we're witnessing is history in the making; long in the making. So don't succumb to the dark side of awareness. Just know…the balance will be met…


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            • HoTaters

              Maybe someone pointed the grunts or their attorney(s) to Enenews, Enformable, or some other reliable source.


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    • HoTaters

      How many are too ill to file suit, I wonder.


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  • Sickputer

    Somebody is lying about the distance offshore for the big US ship:

    "The aircraft carrier USS Ronald Reagan and other US Navy ships in the waters off the quake zone in eastern Japan were repositioned after the detection of a low-level radiation plume from the troubled Fukushima nuclear plant located 100 miles away."

    http://abcnews.go.com/m/story?id=13129409

    "The carrier was less than two football fields away from the Fukushima Daiichi when it released a cloud of radiation," said Garner, speaking to NBC News on Thursday."

    http://worldnews.nbcnews.com/_news/2012/12/27/16197507-us-sailors-sue-japans-tepco-for-post-quake-radiation-exposure?lite


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  • Cataclysmic Cataclysmic

    "JACK GROB: Okay, guys, I apologize for bothering you, but things are degenerating quickly. This reminds me of the drill. [...]

    what’s really troubling is that we, we have had that wind shift — the Chairman’s here, by the way — we’ve had that wind shift and the wind is out of the northeast blowing towards the southwest. That’s inland and towards Tokyo. And there’s an aircraft carrier in the port just south of Tokyo. It’s about 180 miles from the site, about 10 miles southwest of Tokyo, and they’re measuring on the order of 10 to 20 millirem over a 12-hour period total effective dose and roughly five to 10 times that, thyroid. [...]

    JACK GROB: The, the answer is the dose rates don’t seem to be consistent either with what would be released or with the timing that it would take for a plume to get 180 miles away from the site to the southwest.

    MIKE WEBER: Yeah, well, that’s what I struck me when you told us what’s going on.

    JACK GROB: Yet, but the, the feedback through Trapp from the admiral is that they used multi* instruments and confirmed this in multiple ways [BLACKED OUT]

    MIKE WEBER: Wow.

    JACK GROB: They do operate nuclear-powered aircraft carriers, so they must have a level of competence that’s fairly decent. [...]" http://enenews.com/really-troubling-1000-microsievert-thyroid-dose-south-of-tokyo-over-ten-hour-period-on-march-14-reported-us-navy-nrc-over-300km-from-fukushima


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    • AFTERSHOCK AFTERSHOCK

      excellent account Cataclysmic…


      Report comment

    • aigeezer aigeezer

      Cataclysmic, your post prompted me to browse back through some of the old FOIA NRC stuff and I stumbled on a podcast of some of the conversation that I don't think has been mentioned at Enenews before. It's a chance to hear the actual NRC voices rather than just reading the transcripts. Forgive me if this is already familiar.

      http://www.scientificamerican.com/podcast/episode.cfm?id=fukushima-we-listen-back-12-03-11

      At the end of the written piece that encapsulated it in March 2012, this amazing spin appears: "A year later, all the nuclear fuel is now cooled enough that it can no longer boil water, or melt down. Japan's greenhouse gas emissions have swelled as it burns fossil fuels to replace the lost nuclear power".

      Every factoid released seems to come packaged with fresh propaganda.


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      • Cataclysmic Cataclysmic

        Thanks aigeezer.. gonna go listen now :)


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      • Cataclysmic Cataclysmic

        Hey Aigeezer, I listened, wow.. Did you notice that they cut the audio off short, but not the transcription.

        "..The challenges, as you well know, are how to do it. I mean, they can make freshwater, but the challenge is: how do you get freshwater into the reactors, you know, with a 100-R field or a 450-R field?"

        The audio does not say with a 100 r field or a 450 r field.. What does that mean? could that possibly mean rem??? Dear lord..

        The rem is defined since 1976 as equal to 0.01 sievert.

        One rem carries with it a 0.055% chance of eventually developing cancer.[2]

        Doses greater than 100 rem received over a short time period are likely to cause acute radiation syndrome, (ARS,) possibly leading to death within weeks.

        The International Commission on Radiological Protection (ICRP) recommends limiting artificial irradiation of the public to an average of 100 mrem (1 mSv) of effective dose per year

        0.1000rem = 100.0mrem = 1 mSv = 0.001000Sv =1.000mSv = 1000µSv

        http://en.wikipedia.org/wiki/Roentgen_equivalent_man


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        • aigeezer aigeezer

          Good digging, Cataclysmic. I don't know what to make of the differences, and your R-for-rem interpretation is chillingly likely.

          I'm hoping the Enenews community will go looking for any and all audio versions of the FOIA documents and do what you did – compare the official written transcriptions to the audio.

          I'm guessing that Enenewsers might be patient, motivated and technologically savvy enough to turn a lot of those "inaudible" and "simultaneous conversation" missing chunks back into words.

          I can't find links to the audio files underlying the FOIA transcriptions. Lots of online mentions of them, but no sign of the actual audio other than the one sample we've been talking about.

          Got links, anyone?


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  • Cataclysmic Cataclysmic

    The scans revealed that 98 percent of those personnel did not have elevated radiation inside their bodies, he said. Mittelman said that among the 2 percent of servicemembers (about 154 individuals) with elevated internal radiation levels the highest readings were about 25 millirems, equivalent to the dose that they would receive from 2 1/2 chest X-rays.

    "Field said he learned some lessons from the operation.

    “I would have been a lot smarter on the effect of radiation on humans, plants, animals, fish, ocean, land, air, soil, kids…,” he said. “I had zero idea about nuclear reactors before. I could probably teach a course in nuclear reactors and nuclear physics medicine at this point.”

    ://www.stripes.com/news/pacific/earthquake-disaster-in-japan/u-s-wasn-t-fully-prepared-for-radiation-risks-following-japan-earthquake-top-general-says-1.150236


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  • Cataclysmic Cataclysmic

    "In Washington, a spokesman for the assistant secretary of defense for health affairs referred questions about permissible radiation exposure levels to Pentagon media staff.

    “We train and equip all of our people to operate in all kinds of environments," Pentagon spokesman Col. Dave Lapan said. “We know how to measure, we know how to test, we know how to take precautions.”

    http://www.stripes.com/news/http-www-stripes-com-news-pentagon-preparing-for-a-nuclear-worst-case-scenario-at-fukushima-1-1379-1.137969


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  • Cataclysmic Cataclysmic

    A 155-member U.S. Marine force specially trained to work in chemical, biological, nuclear and radiological environments is expected to arrive Friday in Japan to help the Japanese government deal with the ongoing nuclear crisis.

    According to the American Forces Press Service, the unit is part of the Chemical, Biological and Incident Response Force from the Naval Support Facility in Indian Head, Md. The unit will advise Japanese authorities about the ongoing crisis involving radiation leaking from the crippled Fukushima Dai-ichi nuclear power plant.

    The unit will bring equipment for agent detection and identification; casualty search, rescue and personnel decontamination; and emergency medical care and stabilization of contaminated personnel, the report said.

    http://www.stripes.com/news/marines-send-nuclear-team-to-japan-to-help-with-ongoing-crisis-1.139682


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  • Sickputer

    If I were Garner I would gathering all the publicly available photos of scrubbing during March 2011. A slideshow in the courtroom would be very enlightening:

    http://m.flickr.com/#/search/advanced_QM_q_IS_reagan+uss+scrubbing+march+2011_AND_ss_IS_0_AND_mt_IS_all_AND_w_IS_all


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    • Cataclysmic Cataclysmic

      Hi SP.. can you tell I am looking for a specific article? It was in Stars and Stripes and the captain, or whoever was steering the ship, specifically talked about the shine they went through.. ugh.. gonna keep looking!


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      • Sickputer

        Lots of BB sound bites from S&S in the first week of 311…like this one:

        "On Tuesday morning, Davis said, “sensitive instrumentation on USS George Washington pier-side in Yokosuka detected low levels of radioactivity from the Fukushima plant. While there was no danger to the public, Commander, Naval Forces Japan recommended limited precautionary measures for personnel and their families on Fleet Activities Yokosuka and Naval Air Facility Atsugi, including limiting outdoor activities and securing external ventilation systems as much as practical.
        “These measures are strictly precautionary in nature,” he continued. “We do not expect that any United States federal radiation exposure limits will be exceeded even if no precautionary measures are taken.”

        http://www.stripes.com/news/pacific/earthquake-disaster-in-japan/military-monitors-radiation-as-troops-deliver-humanitarian-aid-1.137884

        SP: So why didn't the Reagan group take the advice (go to west coast of Japan) mentioned in the last paragraph of that news release? …Garner jots down a quick note… ;-)


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      • HoTaters

        Cataclysmic, someone made reference to it here during the past week. Or else I saw it at Enformable.


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  • Cataclysmic Cataclysmic

    oh, and no hardship pay for the sailors..

    U.S. troops assigned to ships will not receive the location-based hardship duty pay authorized Friday in 18 Japanese prefectures, defense officials said Monday.

    The thousands of sailors and Marines assisting in relief efforts associated with the March 11 earthquake and tsunami will continue to receive their additional sea-duty pay, but only those assigned to shore commands will gain the extra $50 per month, officials said.

    Meanwhile, State Department policies have effectively granted State and Defense department civilian employees hundreds of dollars, and in some cases, more than $1,000 per month for living in the same hardship duty locations. All locally hired Department of Defense employees in those areas of Japan are eligible, according to the State Department.

    Defense Department policy only allows land areas to be designated as a hardship location, said Eileen Lainez, spokeswoman for the Office of the Secretary of Defense.

    http://www.stripes.com/news/pacific/earthquake-disaster-in-japan/servicemembers-aboard-ships-won-t-get-extra-hardship-pay-1.140041


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  • Cataclysmic Cataclysmic

    and.. anybody else think this is bs? Let's quantify uranium and plutonium buckey balls(never before seen) to the same exposure service people received during above ground nuke testing..

    "The experts have been looking at air, water and soil samples, as well as ambient radiation readings taken at various sites in Japan, according to the Armed Forces Radiobiology Research Institute director, Army Col. Mark A. Melanson, whose organization is leading the dose assessment effort.

    Individual radiation doses will be calculated by applying data collected during Operation Tomodachi to models based on those developed for health studies of U.S. atomic test veterans exposed in the 1950s and 1960s, he said during a visit to Japan in July.

    “lndividual radiation exposure estimates will be available after the approach and calculations used in determining the results are reviewed by an independent group of non-DOD experts,” Jurado said, adding that data on individuals is expected by summer or early fall next year."

    http://www.stripes.com/news/pacific/earthquake-disaster-in-japan/dod-to-release-post-quake-radiation-estimates-for-japan-bases-1.161347


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  • Cataclysmic Cataclysmic

    "In November, DOD officials said they expected to release the data by the end of the year, however, Pentagon spokeswoman Cynthia Smith said in an email in December that the data could not yet be released. She did not give a reason for the delay."

    LOl.. anybody got a reason for the delay??

    http://www.stripes.com/news/japan-told-us-military-of-radiation-fallout-days-before-public-1.166187


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  • TheBigPicture TheBigPicture

    The Northern Hemisphere got doused (unknowingly) ..So yes, let the lawsuits begin.


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  • Cataclysmic Cataclysmic

    “An early morning accident at Unit 2 led to a dramatic rise in the diffusion of radioactive materials.”

    It wasn’t until at least March 14 that U.S. forces began flying search patterns with Department of Energy systems onboard designed to assess radiation, U.S. Forces Japan commander Lt. Gen. Burt Field said in a July interview with Stars and Stripes. For days afterward, U.S. experts modeled the growing radioactive plume blowing away from the plant to get a more complete picture.

    As the U.S. was flying its data-gathering missions, Tepco president Masataka Shimizu was calling then-Prime Minister Kan and telling him that the company should evacuate its entire staff from the power plant, according to the report. Multiple hydrogen explosions had destabilized the plant."
    http://www.stripes.com/news/report-japan-u-s-tried-to-calm-public-even-while-fearing-the-worst-following-nuke-plant-failure-1.171119


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    • Cataclysmic Cataclysmic

      geez. and at the end he says, when they are done cleaning they will measure with gieger counters, while in full protective gear???

      As he just watched and reported on these young people out there cleaning with none of that, no gloves, no masks, no suits.. and no questions?

      They are not going to suit up and measure until all clean??

      Journalism?

      Really?

      Moron.


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      • HoTaters

        Cataclysmic, see the last of the links from Enformable. That's the one discussing the gamma shine the crew received.


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        • HoTaters

          Here's a quote from the article. Not sure who the speakers are, but apparently something released under FOIA.

          "MR. TRAUTMAN: The ship was out, we thought they were getting further away from port and they went up to 130 miles or from the plant, and we were still reading a direct gamma shine of 0.6 millirem per hour, and I am still working on the — the exact ship position and in fact we just got an additional data point from them that is in longitude and latitude and we are busy patching that to NARAC right now so they can update the plots for all of us as part of this process.

          MR. VIRGILIO: Okay. Are you doing back- calculations or is somebody doing back-calculations on that dose?

          MR. TRAUTMAN: Back-calculations to the source?

          MR. VIRGILIO: Yes.

          MR. TRAUTMAN: Yes, we are — frankly the answer to that is yes, but we are not — we have not done it yet. We are not used to, frankly, dealing with the intermediate age here. We have got a reactor that has been shut down for three days and so we are having to do a little bit more math than we would normally do in getting to that, but we are working that, yes."


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    • HoTaters

      I remember seeing that video, too. Note the lack of masks and other protection to keep the crew from sucking down the hot particles as they swabbed the decks. Arrgh!


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  • HoTaters

    Enformable article re: the lawsuit dated 12/26/12:

    http://enformable.com/2012/12/crewmembers-of-the-u-s-s-ronald-reagan-sue-tepco-over-fukushima-disaster/

    Also from Enformable:

    "FOIA's Related to Radiation Levels from Fukushima Daichi"

    http://enformable.com/fukushima-radiation-data/foias-related-to-radiation-levels-from-fukushima-daiichi/

    The one above has a lot of information from March, 2011 (different sources apparently obtained under FOIA)

    The one above has a LOT of information and references to reports around the period from March, 2011.

    FOIA Documents Related to Fukushima Disaster:

    http://enformable.com/fukushima-radiation-data/foia-documents-related-to-fukushima-disaster/

    If you take the time to do a search at Enformable, then scroll down the right side of the page, you'll likely whatever you're looking for.

    Well, here's one which talks about high gamma doses the U.S.S. Ronald Reagan was said to have received 130 miles from Fukushima Daichi (also from Enformable; I found this on a Google search):

    http://enformable.com/2012/03/uss-ronald-reagan-measured-0-6-mrhr-direct-gamma-shine-from-clouds-130-miles-from-fukushima-daiichi/

    Note the article says this was direct gamma shine from the clouds. Whatever that means. And we know the 130 mile distance is in question as well.


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