Environmental Groups challenge Court’s decision that gives Diablo Canyon nuclear reactors a green light to operate past license expiration without safety inspections.
This exemption is a major departure from previous cases, allowing PG&E to operate its reactors indefinitely past their license expiration without any formal safety or environmental review while the Nuclear Regulatory Commission considers their renewal application.
On June 27, 2024, San Luis Obispo Mothers for Peace, Friends of the Earth, and the Environmental Working Group petitioned the United States Court of Appeals for the Ninth Circuit for a rehearing of the Court’s April 29, 2024 decision in their case against the Nuclear Regulatory Agency (NRC).
The Court denied review of a 2023 order by the NRC exempting Pacific Gas and Electric (PG&E) from the NRC’s “timely renewal” rule, which mandates that license renewal applications be submitted at least five years before the license expiration date to ensure adequate time for comprehensive safety reviews.
In November 2024, a court-approved exemption will let PG&E operate the twin reactors past their license expiration dates while the NRC decides on their renewal application. This decision ignores the increased safety risks of running aging reactor equipment beyond 40 years. The NRC will not conduct any safety or environmental review or hold hearings to determine whether the plant can safely operate.
The attorney for the petitioners are available to discuss the petition, their arguments and the consequences of this misguided decision.
The Court’s decision conflicts with established Supreme Court and other judicial precedents prioritizing public health and safety over economics and feasibility.
Diane Curran, counsel to San Luis Obispo Mothers for Peace, said: “The Court’s decision conflicts with decisions by the U.S. Supreme Court and the D.C. Circuit making it clear that safety must be ensured before an exemption can be granted.”
Curran noted that the Court had failed to address the crucial safety issue raised by the organizations. “After 40 years of operation, the equipment in a nuclear plant becomes less reliable due to aging effects. The NRC has long required license renewal applicants to apply for license renewal five years in advance –and never less than three years in advance – in order to ensure the safety and environmental reviews and hearing process can be completed.”
Contact: Diane Curran, dcurran@harmoncurran.com
The court’s ruling deviates from a long-held rule to consider safety and environmental concerns.
Hallie Templeton, Legal Director for Friends of the Earth, said the Court’s decision could weaken safety enforcement for the entire Ninth Circuit region of the U.S. and perhaps for other parts of the country. “We are urging the three judges who decided the case, as well as all of the members of the Ninth Circuit, to correct the Court’s legal error and restore the principle of prioritizing nuclear safety in this decision and all future decisions.”
Contact: Hallie Templeton, HTempleton@foe.org
The Court’s decision is based on speculation about California’s energy needs not public safety.
“It’s evident the California Legislature, the Governor, and the CPUC rely on the NRC to ensure safety during PG&E’s license renewal process. However, economic concerns should not outweigh public safety and environmental protection,” said Caroline Leary, general counsel and chief operating officer for Environmental Working Group. “Strong evidence shows Diablo Canyon is unnecessary for California’s electricity supply and may be counterproductive. We are concerned that the Court’s decision prioritized speculative energy needs over public safety, contrary to the Atomic Energy Act,” she added.
Leary said that the groups are hopeful the Court will take up their petition.
Contact: Caroline Leary, cleary@ewg.org