ML25206A429
| ML25206A429 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 07/25/2025 |
| From: | Curran D, Templeton H Friends of the Earth, Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP, San Luis Obispo Mothers for Peace (SLOMFP) |
| To: | NRC/OCM |
| SECY RAS | |
| References | |
| RAS 57421, 50-275-LR-2, 50-323-LR-2, CLI-25-4 | |
| Download: ML25206A429 (0) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the matter of Pacific Gas and Electric Company Docket Nos. 50-275, 50-323 Diablo Canyon Nuclear Power Plant License Renewal Units 1 and 2 July 25, 2025 MOTION BY SAN LUIS OBISPO MOTHERS FOR PEACE AND FRIENDS OF THE EARTH FOR CLARIFICATION OF CLI-25-4 AND THE STATUS OF THIS PROCEEDING Pursuant to 10 C.F.R. § 2.323, Petitioners San Luis Obispo Mothers for Peace and Friends of the Earth hereby seek clarification by the U.S. Nuclear Regulatory Commission (NRC or Commission) of CLI-25-4 (July 15, 2025) and the status of this proceeding. In CLI-25-4, the Commission denied Petitioners appeal of LBP-24-6 (July 3, 2024) (slip op.), in which the Atomic Safety and Licensing Board (ASLB) denied admission of Petitioners three contentions and terminated the proceeding.1 Petitioners seek clarification that while the issuance of CLI-25-4 has affirmed the ASLBs decision to terminate the adjudicatory proceeding for re-licensing of Diablo Canyon Units 1 and 2, an administrative and judicial proceeding remains open regarding Revision 2 of the Generic Environmental Impact Statement for License Renewal of Nuclear Plants (Feb. 2024)
(2024 License Renewal GEIS), upon which the NRC relied in significant part for its determination that renewal of the Diablo Canyon operating licenses would satisfy the requirements of the National Environmental Policy Act (NEPA).2 The proceeding remains 1 Id., slip op. at 54.
2 See Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement 62, Regarding License Renewal of Diablo Canyon Nuclear Power Plant, Units 1 and 2 at xxvi (June 2025) (SEIS) (citing the analysis and findings in the [2024 License Renewal]
GEIS for its recommendation to re-license the Diablo Canyon reactors).While the ASLB
2 open because the 2024 License Renewal GEIS and associated License Renewal Rule are now on appeal before the U.S. Court of Appeals for the D.C. Circuit in Beyond Nuclear and Sierra Club
- v. NRC, No. 24-1318.3 As relevant to this proceeding, the petitioners in that case seek vacation and reversal of the License Renewal Rule and GEIS for failure to consider the effects of climate change on reactor accident risk in initial and subsequent license renewal decisions.
As the NRC noted in AmerGen Energy Co., LLC (Oyster Creek Nuclear Generating Station), CLI-08-13, 67 N.R.C. 396, 400 (2008), a renewed license may be set aside (or appropriately conditioned) upon subsequent administrative or judicial review.) More recently, however, the Commission appeared to qualify that principle by stating that it could modify, suspend or revoke an already-issued or renewed license if the proceeding is still open.4 Petitioners seek to clarify that until the U.S. Court of Appeals resolves Beyond Nuclear and the Sierra Club v. NRC, this proceeding remains open so that any decision by the Court to vacate, reverse or otherwise modify the License Renewal Rule or 2024 GEIS will be applied in this proceeding to require consideration of climate change effects on accident risk to the Diablo Canyon reactors as a condition of re-licensing.5 applied the 2013 version of the License Renewal GEIS (Rev. 1) to deny admission of Petitioners Contention 1, the 2013 GEIS did not differ significantly from the 2024 GEIS. Id., slip op. at 34
- n. 145. See also CLI-25-4, slip op. at 10 n. 53. In any event, for all uncontested issues, the SEIS clearly relies on the 2024 GEIS for its conclusions and recommendations. See id. at xxiii, 1-1.
3 The case has been fully briefed but no oral argument has been scheduled.
4 Fla. Power & Light Co. (Turkey Point Nuclear Generating Units 3 and 4), CLI-22-4, 95 N.R.C.
26, 30 (2022). See also Entergy Nuclear Vermont Yankee, LLC, and Entergy Nuclear Operations, Inc. (Vermont Yankee Nuclear Power Station), CLI-06-8, 63 N.R.C. 235, 238 (2006) (holding that already-issued license amendment can be revoked or conditioned after a hearing).
5 Petitioners note that San Luis Obispo Mothers for Peace submitted comments on the proposed License Renewal Rule and 2024 GEIS, adopting the comments of Beyond Nuclear and the Sierra Club as well as making their own comments. See Comments by San Luis Obispo Mothers for
3 Respectfully submitted,
__/signed electronically by/___
Diane Curran Harmon, Curran, Spielberg, & Eisenberg, L.L.P.
1725 DeSales Street N.W., Suite 500 Washington, D.C. 20036 240-393-9285 dcurran@harmoncurran.com Counsel to San Luis Obispo Mothers for Peace
__/signed electronically by/___
Hallie Templeton Friends of the Earth 1101 15th Street, 11th Floor Washington, DC 20005 202-868-9392 htempleton@foe.org Counsel to Friends of the Earth July 25, 2025 CERTIFICATE OF COUNSEL Pursuant to 10 C.F.R. § 2.323, I certify that on July 23, 2025, I consulted counsel for the NRC Staff, Pacific Gas and Electric Co. (PG&E), and the California Energy Commission (CEC) regarding this motion. Counsel for the Staff stated that the Motion for Clarification challenges the finality of the Commissions decision and that the Staff opposes the motion and reserves the right to respond to the motion. The Staff also stated that the requested clarification would amount to establishing a placeholder for arguments concerning a potential future occurrence; however, the NRCs regulations do not provide for placeholder arguments and the Commission disfavors them. According to the Staff, Petitioners have the right to appeal the Commissions decision and may more appropriately raise their arguments concerning the Commissions decision on appeal.
Counsel for PG&E stated that PG&E opposes the motion and reserves the right to file an answer thereto. Counsel for the CEC stated that the CEC takes no position on the motion.
__/signed electronically by/___
Diane Curran Peace on Proposed Rule and Draft Generic Environmental Impact Statement for Renewing Nuclear Power Plant Licenses (May 2, 2023) (NRC Accession No. ML23123410).
4 CERTIFICATE OF SERVICE I certify that on July 25, 2025, I posted the foregoing MOTION BY SAN LUIS OBISPO MOTHERS FOR PEACE AND FRIENDS OF THE EARTH FOR CLARIFICATION OF CLI-25-4 AND THE STATUS OF THIS PROCEEDING on the NRCs Electronic Information Exchange (EIE).
__/signed electronically by/___
Diane Curran