ML23136A013

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5-10-23 Slompf Mediation Questionnaire (9th Cir.)(Case No.23-852)
ML23136A013
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 05/10/2023
From: Curran D
- No Known Affiliation, San Luis Obispo Mothers for Peace (SLOMFP)
To:
NRC/OGC, US Federal Judiciary, Court of Appeals, 9th Circuit
References
23-852, DktEntry: 8.1
Download: ML23136A013 (1)


Text

Case: 23-852, 05/10/2023, DktEntry: 8.1, Page 1 of 2 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Form 7. Mediation Questionnaire Instructions for this form: https://www.ca9.uscourts.gov/forms/form07instructions.pdf 9th Cir. Case Number(s)23-852 Case Name San Luis Obispo Mothers for Peace et al. v. U.S. Nuclear Regulatory Commission Diane Curran Counsel submitting this form San Luis Obispo Mothers for Peace, et al.

Represented party/parties Briefly describe the dispute that gave rise to this lawsuit.

Petitioners challenge the U.S. Nuclear Regulatory Commission's issuance of a regulatory exemption to Pacific Gas and Electric Co. that would allow the Diablo Canyon nuclear power plant, Units 1 and 2, to operate beyond the 40-year limit of the operating licenses for the two reactors. Petitioners contend that the NRC violated the Atomic Energy Act and the National Environmental Policy Act by extending the operating licenses without conducting statutorily required safety and environmental reviews or providing a statutorily required hearing opportunity.

Feedback or questions about this form? Email us at forms@ca9.uscourts.gov Form 7 Rev. 09/01/22 1

Case: 23-852, 05/10/2023, DktEntry: 8.1, Page 2 of 2 Briefly describe the result below and the main issues on appeal.

When PG&E requested the NRC to issue the regulatory exemption, Petitioners filed detailed objections with both the NRC Commissioners and the NRC's technical staff. The NRC rejected or disregarded Petitioners' objections and issued the exemption by order dated March 2, 2023.

On appeal, Petitioners will contend that:

1. The NRC violated the Atomic Energy Act by extending the operating license terms for the Diablo Canyon reactors without conducting the safety review required for extension or renewal of a reactor operating license,
2. The NRC violated the Atomic Energy Act by allowing the Diablo Canyon reactors to operate beyond their 40-year terms without renewing those licenses,
3. The NRC violated the National Environmental Policy Act by extending the operating license terms for the Diablo Canyon reactors without conducting an environmental review, and
4. The NRC violated the Atomic Energy Act by extending the operating license terms for the Diablo Canyon reactors without completing the process for offering and conducting adjudicatory heaarings on proposed licensing decisions.

Describe any proceedings remaining below or any related proceedings in other tribunals.

There are no proceedings remaining below. And there are no related proceedings in other tribunals.

Signature s/Diane Curran Date (use s/[typed name] to sign electronically-filed documents)

Feedback or questions about this form? Email us at forms@ca9.uscourts.gov Form 7 Rev. 09/01/22 2