2009, September Newsletter

Mothers for Peace goes back to the Ninth Circuit Court of Appeals to force the NRC to do its job.

San Luis Obispo


Back to the Ninth Circuit Court of Appeals

MFP Peace filed another Petition with the Ninth Circuit of the U.S. Court of Appeals on December 12, 2008 and its Initial Brief with the Court on February 9, 2009. The original case began in 2002 when the Nuclear Regulatory Commission (NRC) refused to evaluate the environmental impacts of an attack on the proposed dry cask storage facility at Diablo Canyon (ISFSI). In 2006, in the precedent-setting win, the Ninth Circuit Court of Appeals ordered the NRC to complete such a study. The NRC Staff’s response was the production of a feeble 8-page environmental assessment. Its appalling deficiencies have sent MFP back to Court.

The arguments in the Brief accuse the NRC of:

1. Illegal secrecy

The NRC repeatedly refused to hold closed hearings where disclosure of national security information might be required – despite the fact that MFP Attorney Diane Curran    has   the necessary security clearances. MFP was thus excluded from participation in NRC’s decision-making process or access to the documents upon which it claims to have relied in reaching its conclusion that even a successful terrorist attack on the dry casks at Diablo Canyon would have “no significant impact” on the environment.

2. Purposeful exclusion of attack scenarios The NRC failed to consider a whole range of credible attack scenarios involving the instigation of a fire in the fuel storage modules which could lead to devastating impacts in the form of widespread radioactive land contamination.  It further made an unlawful determination that any attack on the Diablo Canyon facility is “remote and speculative.”

MFP is requesting that the Court require a closed hearing on all disallowed contentions, to reverse the NRC’s finding of “no significant impact” with respect to the environmental impacts of attacks on the Diablo Canyon facility, and to revoke the Commission’s decision to issue a license for the Diablo Canyon ISFSI.

Please continue to check our website for news, updates, action alerts,

and upcoming events:



Mothers for Peace has received one substantial grant this year, but its primary source of funding continues to be from private donors like yourselves. We expect the cost of the Intervention in the Ninth Circuit Court of Appeals to require $100,000.

As always, your financial support is vital and truly appreciated.  All donations to Mothers for Peace are tax-deductible.  Contributions may be mailed to the P.O. Box or paid on-line.



P.O. Box 3608

San Luis Obispo, CA 93403

(805) 773-3881

www.mothersforpeace.org 9/09