UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

__________________________________________

SAN LUIS OBISPO MOTHERS FOR PEACE,
SANTA LUCIA CHAPTER OF THE SIERRA
CLUB, and PEG PINARD,

Petitioners,

v

UNITED STATES NUCLEAR REGULATORY
COMMISSION and the UNITED STATES
OF AMERICA

Respondents

PETITION FOR REVIEW

Pursuant to F.R.A.P. 15 and 28 U.S.C. § 2342-2344, Petitioners, San Luis Obispo Mothers for Peace, the Santa Lucia Chapter of the Sierra Club, and Peg Pinard, hereby petition the Court for review of three orders by the U.S. Nuclear Regulatory Commission (“NRC” or “Commission”). The orders were issued in a licensing proceeding concerning Pacific Gas & Electric Company’s proposal to build and operate an Independent Spent Fuel Storage Installation (“ISFSI”) on the site of the Diablo Canyon Nuclear Power Plant.

The orders of which Petitioners seek review are:

• Pacific Gas & Electric Co. (Diablo Canyon Power Plant Independent Spent Fuel Storage Installation), LBP-02-23, 56 NRC 413 (December 2, 2002) (see Attachment 1);
• Pacific Gas & Electric Co. (Diablo Canyon Power Plant Independent Spent Fuel Storage Installation), CLI-02-23, 56 NRC 230 (November 21, 2002) (see Attachment 2); and
• Pacific Gas & Electric Co. (Diablo Canyon Power Plant Independent Spent Fuel Storage Installation), CLI-03-1, 57 NRC 1 (January 23, 2003) (see Attachment 3).

These decisions were rendered final in Pacific Gas & Electric Co. (Diablo Canyon Power Plant Independent Spent Fuel Storage Installation), CLI-03-12, 57 NRC ___ (October 15, 2003) (see Attachment 4).

Petitioners contend that, by refusing to hold a hearing on whether the environmental impacts of terrorist attacks and other acts of malice or insanity against the proposed ISFSI should be addressed in an Environmental Impact Statement, and by refusing to take measures to improve the security of the entire Diablo Canyon site before approving a license for the proposed ISFSI, the NRC violated the Atomic Energy Act, the National Environmental Policy Act, and the Administrative Procedure Act; and abused its discretion. Therefore, Petitioners seek review and reversal of LBP-02-23, CLI-02-23, and CLI-03-1.

Respectfully submitted,

Diane Curran
Harmon, Curran, Spielberg & Eisenberg, L.L.P.
1726 M Street N.W., Suite 600
Washington, D.C. 20036
tel.: 202/328-3500
fax: 202/328-6981
e-mail: dcurran@harmoncurran.com
Attorney for Petitioners

December 11, 2003