Diablo Update
By Mothers for Peace
Published on July 30, 2024
Petitioners blast NRC decision denying hearing on critical safety issues at Diablo Canyon Nuclear Power Plant
Environmental groups are outraged at the Nuclear Regulatory Commission’s irresponsible decision to deny a public hearing on crucial safety issues in the license renewal application process of Diablo Canyon Nuclear Power Plant. These include seismic risks, vulnerability of the critical reactor pressure vessel to rupture and non-compliance with coastal regulations.
San Luis Obispo, CA – July 30 - San Luis Obispo Mothers for Peace (SLOMFP), Friends of the Earth (FoE), and Environmental Working Group (EWG) yesterday appealed to the Commissioners of the US Nuclear Regulatory Commission (NRC) to reverse a hearing board decision. The decision denies a public hearing on critical safety and environmental concerns related to the Diablo Canyon Nuclear Power Plant license renewal process.
The groups argue that Pacific Gas and Electric Company's (PG&E) proposal to extend the plant's operation by 20 years poses significant risks. On July 3, 2024, the Licensing Board rejected the admissibility of three key contentions, including unacceptable earthquake risks, the aging and vulnerability of Unit 1’s pressure vessel to rupture, and Coastal Zone Management Act noncompliance. This decision leaves significant safety and environmental concerns unaddressed.
“The decision to deny a hearing on these vital safety issues is not only disappointing but dangerous,” said Diane Curran, legal counsel for the petitioners. “Insulating PG&E’s unsafe operation of Diablo Canyon from public scrutiny to determine whether the plant can operate safely puts millions of people in California at risk if a meltdown should occur.”
Earthquake risk at Diablo Canyon has been a serious concern since the reactors were built in the 1970s. Expert testimony on seismic risks, presented to the NRC’s Licensing Board by Peter Bird, Professor Emeritus of Earth, Planetary, and Space Sciences at the University of California, Los Angeles, illustrated that the risk of an earthquake—caused core damage accident is approximately one in a thousand per year—so severe that the plant meets NRC’s criteria for immediate shutdown. See Dr. Bird’s explanation of the risks here.
Adding to the multi-dimensional disappointment of the Licensing Board’s refusal to hear public testimony, is the NRC’s Chairman Christopher T. Hanson reneging on a promise he made on April 19, 2023 to California Sen. Padilla. The chairman promised Padilla that the NRC would re-evaluate the seismic risk at Diablo Canyon during the license renewal process. The Licensing Board, however, ruled that this commitment has no legal effect, leaving PG&E's license renewal application unchallenged despite significant seismic concerns.
In a letter to Sen. Padilla, the environmental groups now urge the Senator to hold Chairman Hansen to his promise. They write: “Only by virtue of Chairman Hanson’s commitment would the NRC evaluate the significance of the new information or provide a public hearing.”
The appeal also highlights PG&E’s neglect in conducting comprehensive testing and inspection of the Unit 1 reactor vessel, which has shown signs of embrittlement since 2003. Dr. Digby Macdonald, Professor Emeritus at the University of California, testified that the risk of embrittlement of this critical component—which holds the highly radioactive core of the reactor and the water that cools it—could lead to catastrophic failure in a coolant loss accident due to PG&E's failure to monitor the vessel.
Additionally, the groups raised concerns about PG&E’s failure to comply with the Coastal Zone Management Act (CZMA). Correctly, the California Coastal Commission (CCC) has withheld approval due to identified deficiencies. PG&E argues that compliance is not needed now, but the petitioners assert that NRC regulations require raising contentions as early as possible, making PG&E’s lack of state approval both timely and admissible.
“It is a slap in the face to the California Coastal Commission for PG&E to sweep its regulations under the rug by delaying compliance,” said Caroline Leary, Chief Operating Officer & General Counsel for EWG. “PG&E’s culture of disregarding compliance should not be tolerated, especially for operating an old and dangerous nuclear plant like Diablo Canyon.”
In the appeal the groups note that a hearing is necessary to provide the public with assurance that their longstanding and serious concerns will be addressed before Diablo Canyon is allowed to operate for another 20 years.
“We are calling on the NRC to reconsider its decision and allow for a full and fair hearing on these critical issues,” said Hallie Templeton, Legal Director for Friends of the Earth. “The public deserves transparency and assurance that all safety concerns are thoroughly addressed before extending the license renewal application for operation of Diablo Canyon plant in such a seismically active area.”