An environmental group is suing the U.S. Department of Energy over its decision to award $1.1 billion in federal funds to keep a Central California nuclear plant operating beyond its expected closure date in 2025.
The Washington, D.C.-based Friends of the Earth filed the lawsuit on April 2 in Los Angeles federal court. The group’s complaint accuses the Department of Energy (DOE) of using a flawed and arbitrary process under the National Environmental Policy Act (NEPA) to extend the life of the Diablo Canyon Power Plant.
“DOE purported to satisfy its NEPA obligations under the new Civil Nuclear Credit Program … by adopting an over 50-year-old environmental analysis, along with other outdated and incomplete NEPA documents … in lieu of either conducting its own original or supplemental NEPA analysis,” the lawsuit claims.
The DOE has also failed to provide the public with a meaningful way to comment about the plant’s proposed life extension and have their voices heard by decision makers, according to the complaint. In addition, the analysis fails to fulfill the intent of the federal Administrative Procedure Act, the lawsuit says.
“At minimum, DOE must acknowledge and account for potential impacts from accidents – especially those involving release of deadly radiation – including, but not limited to, updated demographic data, analysis of the integrity of plant infrastructure and an accident analysis that accounts for several newly discovered earthquake faults in the vicinity of (Diablo Canyon),” the lawsuit says.
Pacific Gas & Electric Co., which operates the nuclear plant in San Luis Obispo County, applied to the Nuclear Regulatory Commission last November for the standard 20-year renewal license term, meaning the plant could potentially remain in operation through 2045.
Suzanne Hosn, a PG&E spokeswoman, emphasized that the company is responding to state officials in its effort to extend the life of the coastal power plant.
“As a clean energy leader, PG&E is answering the state’s call to pursue extended operations at Diablo Canyon, supporting its commitment to (provide) Californians with safe, clean, affordable and reliable power,” Hosn told the Southern California Record in an email.
State Senate Bill 846 directed PG&E to take the necessary actions to operate Diablo Canyon for five years beyond the former 2025 shutdown date in order to support energy reliability in California, she said.
“Diablo Canyon is the state's largest source of clean energy,” Hosn said. “If it were to close, it would largely be replaced with fossil fuels. Over the five years of operation, PG&E estimates that more than 34 million metric tons of emissions are expected to be avoided in California and throughout the western United States, resulting in a total indirect cost savings of about $2.3 billion.”
Though the NRC renewal process contemplates a 20-year license, the number of additional years Diablo Canyon is going to operate would be determined by the state legislature and regulatory oversight, she said.
The Friends of the Earth alleges that the power plant is using an outdated cooling system, is suffering from possible “embrittlement” of key components and faces higher safety risks as a result of the newly discovered seismic faults.
“Perhaps the worst piece of this puzzle is that DOE has adopted an analysis that was completed almost a decade before Diablo Canyon was even up and running,” Hallie Templeton, the Friends of the Earth legal director, said in a prepared statement. “When it comes to extending the life of this risky nuclear facility, we will keep watching closely to ensure that the NRC and the DOE fulfill all federal mandates.”