Mothers for Peace

— Campaign to stop Diablo Canyon

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From Mothers for Peace

NOW IS OUR TIME TO STOP DIABLO CANYON!

Decision-makers are moving quickly to extend operation, and so must we. Join our efforts to protect Central Coast Communities for future generations.

URGENT CHALLENGE

Diablo Canyon nuclear plant was scheduled to retire in 2024 and 2025. However, Senate Bill 846 – passed in 2022 – has enabled extended operation. State and federal subsidies have been granted to support this effort. Pacific Gas & Electric Company has applied to the Nuclear Regulatory Commission for a 20-year license extension, although SB 846 asks for only 5 years.

WE NEED YOUR HELP

Donations are needed to pay for our attorneys, consultants, and expert witnesses. You can make a tax-deductible one-time or monthly donation online or mail checks to: San Luis Obispo Mothers for Peace, PO Box 3608, San Luis Obispo, CA 93403

Tax ID # 95-3080124

Attend meetings and support our efforts. Sign up for our Action Alerts on the Homepage!

WHAT ARE WE DOING?

Mothers for Peace, in collaboration with its partner organizations, is actively opposing extended operation of Diablo Canyon at every opportunity. Our legal team and experts represent us at the:

  • Nuclear Regulatory Commission
  • California Public Utilities Commission
  • California Coastal Commission
  • Regional Water Quality Control Board
  • Diablo Canyon Independent Safety Committee
  • 9th Circuit Court of Appeals

PARTNER ORGANIZATIONS

  • Friends of the Earth
  • Environmental Working Group
  • Samuel Lawrence Foundation
  • Committee to Bridge the Gap
  • Environmental Defense Center

THE ISSUES

The Nuclear Regulatory Commission (NRC) exempted Pacific Gas & Electric Company (PG&E) from its Timely Renewal Rule, disregarding its own rules by approving continued operation of the Diablo Canyon reactors past their expiration dates without the required environmental reviews or opportunity for public hearings.

Unit 1’s reactor vessel was built with faulty material so is vulnerable to embrittlement. An embrittled reactor vessel can shatter like glass and cause a catastrophic meltdown. Despite this, PG&E has not tested for embrittlement for over 20 years – and the NRC has approved the exemptions.

The California Public Utilities Commission has approved extended operation without all the information required by SB 846 – and despite evidence that Diablo’s energy is not needed to avoid summer blackouts. There is new seismic evidence to show that the earthquake faults that run directly under the plant are vertical thrust faults, meaning they could cause much more ground motion than formerly estimated.

Diablo’s Once-Through Cooling System is out of compliance with the Clean Water Act. The facility circulates 2.5 billion gallons of seawater each day, releasing it back into the ocean 20º warmer and killing more than one billion fish in early life stages.

Extended operation of Diablo Canyon means the generation and onsite storage of even more high-level radioactive waste in an active seismic area.

Join our efforts to STOP DIABLO!

More information, brochures, and links at https://mothersforpeace.org/campaign-to-stop-diablo/

— November 4, 2024: Watch Mothers for Peace Oral Argument in the U.S. Ninth Circuit Court of Appeals

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From Mothers for Peace

San Luis Obispo Mothers for Peace, et al. v. United States Nuclear Regulatory Commission, et al. 

Our attorney, Diane Curran, will be arguing before the Ninth Circuit Court of Appeals in Phoenix, AZ regarding the NRC’s denial of a hearing request for the operating license held by Pacific Gas and Electric Co. for Unit 1 of the Diablo Canyon nuclear plant. 

WATCH IT

Oral arguments begin at 9am MOUNTAIN STANDARD TIME.

View the schedule.

https://mothersforpeace.org/november-4-2024-observe-mothers-for-peace-oral-argument-in-the-ninth-circuit-court-of-appeals/

For additional information –
https://mothersforpeace.org/decommissioning/
Decommissioning or Extended Operation?

— Gov. Gavin Newsom tricked California, voided November 2 shutdown at harmful, aging Diablo Canyon

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From Mothers for Peace

FOR IMMEDIATE RELEASE

Media Contacts:

  • Linda Seeley: Mothers for Peace, lindaseeley@gmail.com
  • Diane Curran: Harmon, Curran, Spielberg, & Eisenberg, dcurran@harmoncurran.com

October 31, 2024

Halloween Fright: Thanks to a trick instead of a treat by Governor Newsom, an aging nuclear monster still haunts the Central Coast of California 

November 2 was set to mark the closure of Diablo Canyon Nuclear Power Plant Unit 1, but SB 846 extended the aging reactor’s life through 2030. New data from the Governor’s office on renewable battery storage shows there’s no need for Diablo.

San Luis Obispo, CA — November 2 was meant to deliver a long-expected treat to Californians: the closure of Unit 1 nuclear reactor at Diablo Canyon Nuclear Power Plant on the expiration date of its 40-year license. But thanks to a surprise trick by Governor Gavin Newsom played on the California State Legislature in 2022, the reactor will continue operating indefinitely without critical seismic upgrades and safety tests. The reactor’s owner, Pacific Gas and Electric Co. (PG&E), has also failed to install cooling towers essential to meet Clean Water Act standards for protecting marine life.

Until September 2022, California residents could anticipate the timely closure of Diablo Canyon’s reactors. Under a hard-fought 2016 agreement between PG&E, labor unions, environmental groups, and others, Unit 1 was set to shut down on November 2, 2024, followed by Unit 2 in 2025. But in a last-minute move on September 1, 2022, pressured by the Governor, the State Legislature passed Senate Bill 846, extending Diablo Canyon’s operations to 2030. PG&E, meanwhile, went further, applying for a 20-year license extension—going four times beyond the five years specified in SB 846.

Despite the Governor’s warnings of power outages without Diablo Canyon, no such disruptions have occurred. Even during this past summer’s record-breaking heat waves, California’s energy grid met demand, demonstrating the success of renewable resources and battery storage. This stability shows that California can maintain a reliable grid without a hazardous nuclear plant.

In fact, since the Legislature’s 2022 vote, California has rapidly expanded its renewable capacity. By October 2024, data from the California Energy Commission and Public Utilities Commission showed an estimated capacity of 13,391 MW of battery storage—well above the 2,200 MW produced by Diablo Canyon’s reactors. Touting these gains, the Governor’s office stated on October 15 that this growth of California’s battery storage capacity “marks a 30% increase since April 2024, underscoring the state’s swift progress in building out clean energy infrastructure, especially during a summer marked by record-breaking heat.” 

Linda Seeley, spokesperson for Mothers for Peace, remarked: “SB 846 prioritized an unfounded energy need over public health and environmental safety, disregarding both seismic risks and the growing embrittlement of Unit 1’s pressure vessel.” She added, “California has the tools to ensure reliable, clean energy through renewables and battery storage. We don’t need to compromise health and safety to keep the lights on.” 

Diane Curran, attorney for the group, stated that both PG&E and the Nuclear Regulatory Commission (NRC) have failed to ensure the safety of the embrittled Unit 1 pressure vessel, a critical safety component that holds the reactor core. “The NRC is also allowing Unit 1 to operate past Nov. 2 despite serious concerns that earthquake faults under Diablo Canyon, which were discovered after it was built, could cause a nuclear accident,” Curran said. 

She noted that the group’s concerns have been documented in testimony to state and federal regulators by Dr. Digby Macdonald, Professor Emeritus of nuclear materials science at the University of California and Dr. Peter Bird, Professor Emeritus of Geosciences at UCLA. For a detailed explanation by Dr. Bird of the seismic dangers facing Diablo Canyon, watch the video here.  

November 2 should have been the Halloween treat Californians deserved, not the trick we received. When Halloween is over, this monster will continue to loom, threatening the health, safety, environment, and well-being of residents of the Golden State.

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https://mothersforpeace.org/october-31-2024-halloween-fright/

— NRC commissioners fail to take action on critical safety issue at Diablo Canyon NPP

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Mothers for Peace
October 3, 2023

San Luis Obispo, CA, October 4, 2023 — San Luis Obispo Mothers for Peace (MFP) and Friends of the Earth (FoE) today deplored a decision of the Commissioners of the Nuclear Regulatory Commission (NRC) for demonstrating a complete lack of concern for the safety and security of the people living near the Diablo Canyon Nuclear Power Plant. 

Disregarding expert evidence presented by MFP and FoE that the Diablo Canyon Unit 1 pressure vessel is at risk of dangerous embrittlement due to decades of neglect by Pacific Gas and Electric Co. (PG&E) and lax oversight by the NRC technical staff, the Commissioners refused to grant the groups’ hearing request or to order the immediate shutdown of the reactor for comprehensive testing of the reactor vessel’s condition.  

Instead, the Commissioners bucked the groups’ shutdown request back to the agency’s technical staff to consider whether to take enforcement action against PG&E. 

“We are appalled that the Commissioners are entrusting this important safety review to the same agency staff who for fifteen years has given PG&E repeated extensions of deadlines for essential tests and inspections,” said Diane Curran, attorney for MFP. Curran noted that the groups had intentionally petitioned the Commissioners, as the highest officers of the NRC, to exercise their legal responsibility for oversight of the technical staff.  

Nevertheless, the groups vowed to persevere. Hallie Templeton, Legal Director for FoE, said, “We plan to continue our rigorous watchdogging of PG&E and the NRC.” She added, “The Commissioners’ decision has raised a red flag to all of us. Anyone, including California politicians, who thinks the safety of Diablo Canyon can be entrusted to the federal government unquestioningly has just received a big wakeup call.” 

Linda Seeley, spokesperson for MFP, renewed the group’s call to the State of California to “go back to the original plan to close Diablo Canyon when it reaches its 40-year operating license limit in 2024 (Unit 1) and 2025 (Unit 2). Enough is enough.”  

https://mothersforpeace.org/nrc-commissioners-fail-to-take-action-on-critical-safety-issue-at-diablo-canyon/

And what about Unit 2 ????

— February 15 and 16, 2023 meetings of the Diablo Canyon Independent Safety Committee

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For information on registration and zoom instructions:
https://mothersforpeace.org/february-15-and-16-2023-meetings-of-the-diablo-canyon-independent-safety-committee/

Highlights:

Morning Session – 02/15 – 9:00am

IV Action Items: C. Discussion of open items list (maintenance needed)

Afternoon Session – 02/15 – 1:30pm

XII Discussion: review, evaluation, and assessment of matters affected by extended operation under SB 846 including seismic safety, maintenance, and capital project planning

Evening Session – 02/15 – 5:15pm

XVIII Presentation by PG&E 

1. update on planning for both decommissioning and extended operations, including plans for license renewal

2. plans for reviewing, approving, and implementing capital projects and changes to maintenance programs needed to support extended operations

3. status of retention programs, attrition, and efforts to retain qualified staff for extended operations

Morning Session – 02/16 – 9:00am

XXV Presentation by PG&E on the state of the plant including key events, outages, highlights, organizational changes, results of refueling outage 2R23, Unit 2 reactor coolant system piping leak and other issues

Afternoon Session – 02/16 – 1:15pm

XXXI Presentation by PG&E on spent fuel management

https://mothersforpeace.org/february-15-and-16-2023-meetings-of-the-diablo-canyon-independent-safety-committee/

— California groups file 2nd petition to NRC: deny PG&E’s request for exemption

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From Mothers for Peace
February 13, 2023

CALIFORNIA GROUPS TO PG&E: YOU CAN’T CUT CORNERS ON DIABLO CANYON EXTENSION

Following Successful Petition For NRC To Deny Request to Resume Diablo Canyon Renewal Application, Environmental Groups File New Response Asserting PG&E Request for Exemption to Operate Past 40-Year Lifespan Must be Denied.

SAN LUIS OBISPO, CA – FEBRUARY 13, 2023 – On January 24, the U.S. Nuclear Regulatory Commission (NRC) denied a formal request by Pacific Gas & Electric (PG&E) to resume reviewing a 2009 license renewal application to extend the operating life of Diablo Canyon’s twin nuclear reactors, which the company withdrew in 2018. In conjunction, Petitioners San Luis Obispo Mothers for Peace (SLOMFP), Friends of the Earth (FoE), and the Environmental Working Group (EWG) today filed a new petition demanding that the NRC finish its legal obligation to keep Diablo Canyon on schedule to close its twin units in 2024 and 2025 and repudiate PG&E’s recent request for exemption from the “Timely Renewal Rule.” 

According to the petitioners, PG&E has no lawful path to continued uninterrupted operation of the Diablo Canyon nuclear reactors after its operating licenses expire in November 2024 (Unit 1) and August 2025 (Unit 2). Granting an exemption from this rule would force the NRC to cram the three-year safety and environmental review process and offer a public hearing into a mere ten months. The catalog of issues the NRC staff must review is so extensive that to cram a complex government review into the short ten-month period between the submission of the license renewal application and the expiration of the Unit 1 license would be difficult if not impossible. Completion of the NRC’s review process, including public hearings, is essential to assure that continued operation of the reactors will be safe for the public and the environment.

Diane Curran, legal counsel for Mothers for Peace, said: “There is absolutely no precedent for the exemption requested by PG&E. The NRC has never allowed a reactor to operate past its license expiration dates without thoroughly assessing the safety and environmental risks. And it must do so in this case too.”

Further, Curran observed that “it would be irrational and irresponsible for the NRC to permit PG&E to operate aging and deteriorating reactors encumbered by aging equipment risks, seismic risks and environmental impacts without a thorough environmental and safety review.”

“NRC’s recent decision to reject PG&E’s request to renew its outdated, withdrawn license renewal application gave us hope that the law is being properly and thoroughly applied to this risky decision,” said Hallie Templeton, Legal Director for Friends of the Earth. “An operating permit extension for any nuclear power plant has major implications for people and the planet. With Diablo Canyon receiving only minimal – if any – safety updates in decades, PG&E’s push to reduce the NRC’s review from several years to several months creates an especially deadly equation. Today’s filing clearly outlines why NRC must proceed with the utmost care and caution, as mandated by a federal law.”

Caroline Leary, an attorney for EWG, said: “PG&E argued to the NRC that its request for an exemption from federal regulations was necessitated by the California Legislature’s vote in favor of extending Diablo’s operation. But nothing in S.B. 846, the law passed by the Legislature, calls upon NRC to relax its safety or environmental regulations for the purpose of extending Diablo Canyon’s operation. In fact, the law relies on the NRC to ensure that if Diablo Canyon continues to operate, it will not put the public or the environment at risk.”   

Just as the NRC stood its ground and upheld its own policies by denying PG&E’s request to resurrect its 2009 license renewal application, it should also deny PG&E’s request for an exemption of the timely renewal rule.

The NRC’s January 24 decision [1] affirmed recent arguments in the earlier petition by San Luis Obispo Mothers for Peace (SLOMFP), Friends of the Earth (FoE), and Environmental Working Group (EWG) that resuming review of PG&E’s withdrawn license renewal application would be unlawful. The organizations demanded successfully that the NRC deny PG&E’s October 31, 2022, request to resume review of the application.

The decision prevents PG&E from circumnavigating NRC regulations that require the company to file a new and up-to-date license renewal application, which would take 3-5 years. PG&E previously admitted that the application was severely outdated and could not be updated or completed until late 2023 – a year before the Unit 1 license term expires. It now appears that PG&E may have to close Diablo Canyon when its licenses expire in the fall 2024 (Unit 1) and spring 2025 (Unit 2) and keep them closed unless and until the NRC approves a new license renewal application. 

Read the full letter here.

https://mothersforpeace.org/california-groups-to-pge-you-cant-cut-corners-on-diablo-canyon-extension/

[1] http://www.cbsnews(dot)com/sanfrancisco/news/diablo-canyon-last-nuclear-plant-california-federal-regulators-nix-proposal/

— EWG: PG&E reports nuclear reactor welding leak at Diablo Canyon facility

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From Environmental Working Group

January 5, 2023

PG&E reports nuclear reactor welding leak at Diablo Canyon facility

EWG: Critical questions about coolant system damage go unanswered

SAN FRANCISCO – Pacific Gas & Electric found damage to part of a reactor cooling system at the aging Diablo Canyon nuclear plant in California, but it hasn’t yet answered key questions about the extent of the problem.

PG&E is the owner of the state’s last remaining nuclear power plant, and found the fault with the reactor coolant system during a routine inspection in October. PG&E detailed the damage in a report[1] to the Nuclear Regulatory Commission, or NRC, in December.

The power company says the system had a crack in the welding of the wall of Diablo Canyon’s Unit 2 reactor, which was shut down for refueling. PG&E says the presumed cause was fatigue, which was caused by vibrations at the facility indicating a weld defect. The utility says the damage meant the unit fell short of NRC operating requirements.

PG&E says it repaired the leak, and the public and plant workers were never at risk. But the utility’s filing with the commission raises several questions, including:

  • When was the affected weld last inspected?
  • When does PG&E believe the crack in the weld formed?
  • Why had the weld flaw not been identified?
  • What was the size of the leak when it occurred?  

“The communities near Diablo Canyon deserve to know the full details of the incident, how it happened, why it wasn’t discovered earlier and how long it took for PG&E to identify the damage to the reactor coolant system,” said Environmental Working Group President and California resident Ken Cook. 

“The main reason for shuttering this aging facility is the potential threat it poses to the public – and PG&E’s overall safety record across its vast service area in the state is among the worst of any power company in the country,” Cook said.

Diablo Canyon’s latest problem highlights ongoing concerns about the stability of the facility and shows why EWG and others are pushing to shut the plant down. 

Yet state and federal officials are trying to keep the aging facility operating beyond 2025, when it’s slated to shutter under the terms of a settlement carefully negotiated between PG&E, California and environmentalists.

Last September, at the urging of California Gov. Gavin Newsom, the state legislature approved Senate Bill 846, a law that will keep the plant operating for five more years, until 2030. It will also give PG&E a $1.4 billion loan to cover costs during that extra time.

In November, the Biden administration announced it will give PG&E more than $1 billion in federal funding to keep the plant operating past its scheduled 2025 closure date.

PG&E has also petitioned the NRC to fast-track its October 31 request to extend the license of the twin Diablo Canyon reactors. Four environmental organizations, led by San Luis Obispo-based Mothers for Peace, or SLOMFP, have sent letters to the NRC warning it would violate federal law if it accepts the proposal. The other groups that signed the letters are EWG, Friends of the Earth and Committee to Bridge the Gap.

“PG&E cannot have it both ways,” claimed SLOMFP Board President Jane Swanson. “PG&E stopped preparing the reactors for continued operation in 2016 and voided their license renewal. The company has spent the past six years preparing to mothball the reactors and has saved money by not investing in future operations. It is too late to get a license renewal before the plant must shut down.”

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The Environmental Working Group (EWG) is a nonprofit, non-partisan organization that empowers people to live healthier lives in a healthier environment. Through research, advocacy, and unique education tools, EWG drives consumer choice and civic action.

https://www.ewg.org/news-insights/news-release/2023/01/pge-reports-nuclear-reactor-welding-leak-diablo-canyon-facility

[1] nrc[dot]gov/docs/ML2235/ML22355A081.pdf

— PG&E asks to fast-track NRC safety requirements — Organizations respond with a second letter to NRC

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From Mothers for Peace SLO

On December 6, 2022, in their second letter to the Commissioners of the U.S. Nuclear Regulatory Commission (NRC) within the space of three weeks, four environmental organizations once again put the NRC on notice that the agency would violate federal law if it accepted Pacific Gas & Electric’s (PG&E’s) October 31 proposal to resurrect and fast-track its review of PG&E’s long-abandoned 2009 license renewal application for the twin Diablo Canyon reactors. San Luis Obispo Mothers for Peace (SLOFMP), Friends of the Earth (FOE), Environmental Working Group (EWG), and Committee to Bridge the Gap (CBG) warned that PG&E’s proposal runs afoul of the NRC’s safety requirements and procedures and would violate the federal National Environmental Policy Act.

The NRC terminated the Diablo Canyon license renewal proceeding in 2018 when PG&E decided to close the reactors in 2024 and 2025. “PG&E cannot have it both ways,” claimed SLOMFP Board President Jane Swanson. “PG&E stopped preparing the reactors for continued operation in 2016 and asked the NRC to terminate the license renewal proceeding. The company has spent the past six years preparing to mothball the reactors and has saved money by not investing in future operations. They can’t reverse course and revive a license renewal application that was declared dead years ago at their own request.”

Last September, the California Legislature passed SB 846 to provide PG&E with economic incentives to request a five-year extension of Diablo Canyon’s license from the NRC. “With years of extended operations on the table for this outdated and potentially deadly nuclear facility, it is crucial that we cut zero corners,” said FOE Legal Director Hallie Templeton. “The California legislature has not provided PG&E carte blanche to seek exemptions and streamline relicensing. If it intends to continue operating Diablo, PG&E should be required to file an entirely new and up-to-date license renewal application, which the NRC must thoroughly analyze by the full letter of the law before reaching a decision.” 

The organizations also noted that PG&E had no legal basis for its request to exempt it from important federal regulations requiring an environmental analysis before the NRC can allow the reactors to operate beyond their current license terms.

“The last time the NRC did an environmental review for operation of the Diablo Canyon reactors was 1993,” said Ken Cook, EWG’s President and Co-founder. “Given the potentially extreme impacts and risks of continuing to operate Diablo Canyon, it would be both illegal and sheer folly to proceed with extended operation in the absence of a thorough and up-to-date Environmental Impact Statement.”

Dan Hirsch, spokesperson for CBG, commented, “PG&E’s request to be exempted from regulatory requirements for Diablo Canyon is very dangerous. If the requested exemption were granted, Diablo could keep running, potentially for many years, while the critical issues of whether it is safe to do so are not yet resolved. This creates the potential for an accident and massive radiation release to occur after license expiration and before a renewal decision could be made on those vital safety issues. It is the proverbial nuclear version of shooting first and asking questions later.”

These groups, which submitted their first letter to the NRC on November 17, pledged to continue their efforts to ensure that any license renewal application filed with the NRC by PG&E is reviewed with all the rigor required by federal safety and environmental laws.

Organizations 12.6.2022 letter to the NRC

Organizations 11.17.2022 letter to the NRC

https://mothersforpeace.org/organizations-send-a-second-letter-to-the-nrc/

— December 14, 2022, Diablo Canyon Decommissioning Engagement Panel meeting

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The Diablo Canyon Decommissioning Engagement Panel (DCDEP) hosted an informational online webinar on Wednesday, December 14, 2022 to update the community on the status and proposed schedule for the continued operation of the Diablo Canyon Power Plant (DCPP) and implications on decommissioning activities, such as, repurposing, land use, and environmental permitting.  The online meeting included presentations by PG&E, the California Energy Commission and the Diablo Canyon Independent Safety Committee.  Members of the community submitted questions and concerns prior to the meeting.  In preparation for the meeting, PG&E prepared a brief summary of SB 846 and the status of activities relating to the extended operation of DCPP.diablocanyonpanel(dot)org/wp-content/uploads/2022/11/SB-846-PGE-Summary-11_23_22.pdf

View meeting agenda, meeting recording and presentation materials —
diablocanyonpanel(dot)org/2022-panel-meetings/#12-14-22-panel-mtg

– – – –

From Mothers for Peace SLO prior to the meeting —

Topics include: review of SB 846 funding and accelerated permitting provisions to allow for extended operations; actions already taken by PG&E; the role of the Diablo Canyon Independent Safety Committee; the role of the Diablo Canyon Independent Peer Review Panel to address seismic issues; and implications of extended operations on the current decommissioning CEQA process.

No public comment will be allowed, but you may submit written comments at any time [to the Panel].
diablocanyonpanel[dot]org/submit-comment/

Talking Points:

  • There is supposedly a list being developed of deferred maintenance projects and the associated estimated costs. Who is participating in the compilation of this list? When will it be available to the public? Who will oversee these projects?
  • There is much controversy over the seismic safety of Diablo Canyon. What agency(ies) is/are responsible for the independent analysis of seismic dangers? How and when will the public be informed of the findings?
  • Explain the plans for how the high level radioactive waste will be stored as a result of the proposed extended operation. How will the fuel pools and the Independent Spent Fuel Storage Installation be managed? 
  • SB 846 allows 5 years of extended operation. But the 2018 agreement to shutter the reactors in 2024 and 2025, signed and approved by the CPUC and the NRC, was ignored and reversed. What assurance does the public have that the plant would operate for 5 additional years and no more?

PG&E’s Summary of SB 846 and the status of activities relating to extended operation
diablocanyonpanel(dot)org/wp-content/uploads/2022/11/SB-846-PGE-Summary-11_23_22.pdf

https://mothersforpeace.org/december-14-2022-meeting-of-the-diablo-canyon-decommissioning-engagement-panel/