ML24072A529

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Order of the Secretary of the Commission
ML24072A529
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 03/12/2024
From: Carrie Safford
NRC/SECY
To:
Pacific Gas & Electric Co
SECY RAS
References
Download: ML24072A529 (4)


Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of PACIFIC GAS AND ELECTRIC COMPANY, DIABLO CANYON NUCLEAR POWER PLANT UNITS 1 AND 2 (Diablo Canyon Nuclear Power Plant)

Docket Nos. 50-275 50-323 ORDER The Nuclear Regulatory Commission has received a petition filed by San Luis Obispo Mothers for Peace, Friends of the Earth, and Environmental Working Group (collectively, Petitioners).1 The Petitioners request that the Commission exercise its supervisory authority to order the immediate closure of Diablo Canyon Nuclear Power Plant, Units 1 and 2, due to the unacceptable risk of a seismically induced severe accident.2 The Petitioners base their request on their review of the Environmental Report for the Diablo Canyon Nuclear Power Plant license renewal application.3 Although the Petitioners request was addressed to the Commission, their request is appropriately resolved under the NRCs longstanding 10 C.F.R. § 2.206 process by the 1 Petition by San Luis Obispo Mothers for Peace, Friends of the Earth and Environmental Working Group for Shutdown of Diablo Canyon Nuclear Power Plant due to Unacceptable Risk of Seismic Core Damage Accident (Mar. 7, 2024) (ADAMS accession no. ML24067A066). The NRC first received this petition by email on March 4, 2024. The NRC established a new docket for this petition, and the Petitioners filed the petition on that docket on March 7, 2024.

2 Id. at 1.

3 Id. at 2-3 (citing Letter from Paula Gerfen, Senior Vice President and Chief Nuclear Officer, Pacific Gas & Electric Company, to NRC Document Control Desk (Nov. 7, 2023)

(ML23311A154), Encl. 1, Pacific Gas & Electric Company, Diablo Canyon Nuclear Power Plant, Units 1 and 2, License Renewal Application, App. E, Environmental Report (Nov. 2023),

at 4-62).

Executive Director for Operations. Under that process, any person may file a request to institute a proceeding pursuant to 10 C.F.R. § 2.202 for the modification, suspension, or revocation of a license, or for any other action as may be proper. Such a request must be addressed to the Executive Director for Operations, who will then refer the request to the responsible NRC Office Director for appropriate action under 10 C.F.R. § 2.206(b).

Therefore, pursuant to my authority under 10C.F.R. § 2.346(j), I refer Petitioners request to the Executive Director for Operations for consideration under 10 C.F.R. § 2.206.

IT IS SO ORDERED.

For the Commission Carrie M. Safford Secretary of the Commission Dated at Rockville, Maryland, This 12th of March 2024.

CARRIE SAFFORD Digitally signed by CARRIE SAFFORD Date: 2024.03.12 14:49:05 -04'00'

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of

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PACIFIC GAS AND ELECTRIC COMPANY

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Docket Nos. 50-275 and

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50-323 (Diablo Canyon Nuclear Power Plant,

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Units 1 and 2)

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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER OF THE SECRETARY OF THE COMMISSION have been served upon the following persons by Electronic Information Exchange.

U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Mail Stop: O-16B33 Washington, DC 20555-0001 E-mail: ocaamail.resource@nrc.gov U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Mail Stop: O-16B33 Washington, DC 20555-0001 E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 Washington, DC 20555-0001 E. Roy Hawkens, Chief Administrative Judge E-mail: roy.hawkens@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-14A44 Washington, DC 20555-0001 Kevin D. Bernstein David Roth Michael A. Spencer Susan H. Vrahoretis Caitlin R. Byrd, Law Clerk Georgiann E. Hampton, Law Clerk E-mail: kevin.bernstein@nrc.gov david.roth@nrc.gov michael.spencer@nrc.gov susan.vrahoretis@nrc.gov caitlin.byrd@nrc.gov georgiann.hampton@nrc.gov Counsel for Pacific Gas and Electric Company Morgan, Lewis & Bockius, LLC 1111 Pennsylvania Ave NW Washington, DC 20004 Paul Bessette Ryan K. Lighty Timothy Matthews E-mail: paul.bessette@morganlewis.com ryan.lighty@morganlewis.com timothy.matthews@morganlewis.com

Pacific Gas and Electric Company (Diablo Canyon Nuclear Power Plant, Units 1 and 2, Docket Nos. 50-275 and 50-323)

ORDER OF THE SECRETARY OF THE COMMISSION 2

Counsel for San Luis Obispo Mothers for Peace Harmon, Curran, Spielberg, & Eisenberg, LLP 1725 DeSales Street, N.W.

Suite 500 Washington, DC 20036 Diane Curran E-mail: dcurran@harmoncurran.com Office of the Secretary of the Commission Dated at Rockville, Maryland, this 12th day of March 2024.

CLARA SOLA Digitally signed by CLARA SOLA Date: 2024.03.12 15:53:56 -04'00'