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Friends of the Earth petitions U.S. Circuit Court of Appeals to review licensing of Diablo Canyon Nuclear Reactor

Group Asks Court For Review Of PG&E’s Diablo Canyon Nuclear Reactor License Over Earthquake Fears http://sanfrancisco.cbslocal.com/2014/10/28/environmental-group-asks-court-for-review-of-pge-diablo-canyon-nuclear-reactor-license-over-earthquake-fears/ October 28, 2014 AVILA BEACH, San Luis Obispo County (CBS SF) — An environmental group asked a federal court Tuesday to review its claim that California’s last operating nuclear power plant is violating federal law and should be shut down at least temporarily.

In a petition filed in Washington with the U.S. Circuit Court of Appeals for the District of Columbia, Friends of the Earth said the Nuclear Regulatory Commission violated its own rules when it altered the operating license for the Diablo Canyon reactors.

The petition marked the latest development in the dispute over potential danger posed by earthquake faults near the reactors.In a statement, the group said the change, involving how risks from earthquakes are assessed, should have triggered a license amendment proceeding that would have involved public hearings. Instead, the change was made internally.

The petition asked that the change be overturned and the court order a license amendment proceeding. It also asks that the power plant be shut down until those proceedings are completed.

“The NRC acted arbitrarily, abused its discretion and violated” federal laws by approving the change without seeking the required license amendment, the petition said. The NRC and plant owner Pacific Gas and Electric Co. have long said the plant located near San Luis Obispo, midway between Los Angeles and San Francisco, is safe and in compliance with regulations.

NRC spokeswoman Lara Uselding said in an email the agency will review the filing.

The environmental group said the NRC and the company are trying to conceal that the reactors are vulnerable to strong shaking from possible earthquakes. “It is now clear that these outdated 1960s-era reactors are not built to withstand the earthquake risks that surround the plant,” spokesman Damon Moglen said in a statement. “Instead of making them address these safety issues, the NRC worked with PG&E to change the rules.”

October 29, 2014 - Posted by Christina Macpherson | Legal, USA