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[SocialMedia] 9th Circuit Federal Court of Appeals Upholds NRC Decision for Diablo Canyon -
[SocialMedia] 9th Circuit Federal Court of Appeals Upholds NRC Decision for Diablo Canyon - micheletkearney@gmail.com - Gmail
7:54 AM (2 hours ago)
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Here's good news dated April 29, 2024. The 9th Circuit Upholds NRC's Timely Renewal Exemption For Diablo Canyon Plant in Case 23-00852. A Petition was docketed on May 4, 2023 by three groups ideologically opposed to nuclear power. Their Petition was denied on April 29, 2024.
From the final two pages of the 36-page Decision text:
(3) NRC incorrectly characterized the exemption as a procedural as opposed to a license extension that will expose the public to unevaluated accident risks. Petitioners insist that NRC must complete an environmental impact statement to renew or amend the license.
We conclude that NRC’s issuance of the NEPA categorical exclusion is supported by the record. Despite Petitioners’ arguments to the contrary, there is nothing in the language of the categorical exclusion that limits its use to certain types of exemptions. See 10 C.F.R. § 51.22(c)(25). Additionally, NRC historically has approved timely renewal exemption requests using the very same NEPA categorical exclusion. As previously discussed, the Exemption Decision was not a license proceeding, and therefore a full environmental impact statement was not required. Again, Petitioners do not present any arguments of specific safety concerns with Diablo Canyon but only reference NRC’s general prior acknowledgement that operation after 40 years may present unique age-degradation concerns.
Therefore, NRC did not act arbitrarily or capriciously in invoking the NEPA categorical exclusion when issuing the Exemption Decision.
V.
This is a singular case. In circumstances like these where NRC’s decision has the almost guaranteed practical effect of extending the operating timeframe of a license beyond its original expiration date, such a decision is directly reviewable in our court under our broad and liberal reading of the Hobbs Act. Additionally, we hold that at least two of the Petitioners have standing. We deny the petition, finding NRC’s grant of the Exemption and issuance of the NEPA categorical exclusion complied with the APA. NRC was not required to provide a hearing or meet other procedural requirements before issuing the Exemption Decision because the Exemption was not a licensing proceeding. NRC adequately explained why California’s changing energy needs constitute a special circumstance, and why the record supported its findings of no undue risk to the public health and safety. Despite Petitioners’ arguments to the contrary, there are no limitations on the types of exemptions that may be encompassed by a NEPA categorical exclusion, and NRC did not act arbitrarily and capriciously in its determination that this Exemption met the eligibility criteria in its categorical exclusion regulation.
The petition is DENIED.
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This is good news regarding the continued safe operation of Diablo Canyon Power Plant beyond 2025. Please contact CGNP for a no-cost copy of the 9th Circuit Court of Appeals Decision. (Or use your PACER account to directly obtain a copy.)
Gene Nelson, Ph.D. CGNP Senior Legal Researcher and President
Californians for Green Nuclear Power, Inc. (CGNP)
1375 East Grand Ave Ste 103 #523
Arroyo Grande, CA 93420-2421
(805) 363 - 4697 cell
Government@CGNP.org email
https://CGNP.org website
https://greennuke.substack.com Substack
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