Pacific Gas and Electric’s plans to extend the life of the Diablo Canyon nuclear power plant through 2030 remain on track after a federal appellate court rejected environmental groups’ petition challenging an exemption to the license application deadline.
A three-judge panel of the U.S. Court of Appeals for the 9th Circuit issued an opinion April 29 rejecting the petition from San Luis Obispo Mothers for Peace, Friends of the Earth and the Environmental Working Group (23-852).
Diablo Canyon, a 2,200-MW nuclear plant on California’s Central Coast, provides about 8.6% of the state’s total electricity supply and around 17% of its zero-carbon electricity. PG&E had planned to retire Diablo Canyon’s two units in 2024 and 2025.
But in September 2022, Gov. Gavin Newsom (D) signed Senate Bill 846, directing PG&E to run the nuclear power plant until 2030 to improve the reliability of the state’s energy system.
In their petition, the three environmental groups asked the court to review the Nuclear Regulatory Commission’s decision to allow Diablo Canyon to keep running while the NRC considers its license renewal application. Ordinarily, such an action is taken if a renewal application is submitted five years before a license expires.
PG&E did not submit the renewal application before the five-year deadline and asked NRC for an exemption to the “timely renewal” requirement. NRC granted the request in March 2023, and PG&E submitted its renewal application in November 2023.
NRC has said it typically takes 22 months to review a license renewal application.
NRC regulations allow exceptions to its five-year application deadline under special circumstances if the exception won’t create health or safety issues.
The appellate panel noted “the highly unusual circumstances of this case,” specifically lawmakers’ direction to postpone Diablo Canyon’s retirement.
“But for the California Legislature’s determination of a material change in the electrical needs of its citizens, by all accounts PG&E would have terminated operations at Diablo Canyon,” the panel said in its opinion.
The environmental groups argued that the NRC exemption ignored the environmental concerns of running Diablo Canyon past its 40-year license term. But the appellate panel said the groups hadn’t presented “any specific evidence of concerns with Diablo Canyon.”
In addition, the panel said, “NRC’s continuing oversight authority assuages safety concerns.”
In response to the court’s decision, Caroline Leary, COO and general counsel for the Environmental Working Group, said the environmental groups would “explore all avenues to reverse the NRC’s irresponsible decision.”
“PG&E and California’s leaders are recklessly gambling with Diablo Canyon, endangering the health and safety of countless individuals,” Leary said in an April 29 statement.
Diablo Canyon Unit 1 has been in operation since 1985 and Unit 2 has been running since 1986. Operating licenses for the units expire in November 2024 and August 2025.
PG&E at one time planned to keep Diablo Canyon running and submitted a license renewal application in 2009. But the utility decided to retire the units instead, and it withdrew the application in 2018. Plans for Diablo Canyon changed again in 2022 with the passage of SB846.
In December, the California Public Utilities Commission approved extending operations at Diablo Canyon through 2030. (See California PUC Votes to Extend Diablo Canyon Nuclear Plant 5 Years.)
And in January, the Department of Energy awarded PG&E $1.1 billion to keep Diablo Canyon running. (See Diablo Canyon Secures $1.1B DOE Award to Support Operations.)
