Judge rejects lawsuit to shut down Diablo Canyon nuclear plant.
A California Judge Dismisses Lawsuit Against Diablo Canyon Nuclear Power Plant
A California judge has dismissed a lawsuit filed by environmental group Friends of the Earth, which aimed to block the extension of the operating life of the Diablo Canyon Nuclear Power Plant, the state’s largest utility. The lawsuit was filed in April, in an attempt to derail a state-supported proposal that would keep the power plant running for another five years. Friends of the Earth had previously been part of an agreement with operator Pacific Gas and Electric to close the plant by 2025.
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However, last year, Democratic Governor Gavin Newsom and the state legislature provided a way for PG&E to extend their operations for a longer period. Friends of the Earth argued that the 2016 agreement to close the reactors was not fully extinguished and that extending the operating licenses would violate a binding contract.
In an 18-page ruling, Judge Ethan P. Schulman rejected the complaint, siding with PG&E’s argument that Friends of the Earth was attempting to interfere with state regulatory oversight of the power plant. Schulman stated that the court should not be involved in complex energy, economic, and environmental policy matters, which are better handled by the California Public Utilities Commission and other agencies.
Although the group’s request was denied, they have indicated their intention to appeal the decision. Hallie Templeton, Legal Director for Friends of the Earth, stated, “We continue to strongly believe in our case and are considering appealing the unwarranted dismissal. The fight to shutter Diablo Canyon is not over, and we have other legal challenges in progress.”
One of the group’s ongoing legal challenges is against the Nuclear Regulatory Commission in the Ninth Circuit, regarding decisions related to the extension of Diablo Canyon.
PG&E spokeswoman Suzanne Hosn affirmed that the company is following the state’s energy policy and that their actions towards relicensing Diablo Canyon Power Plant align with the direction of the state. The operating licenses for Unit 1 and Unit 2 of the plant are set to expire in the coming years, and PG&E plans to apply to the Nuclear Regulatory Commission by the end of this year to extend operations for up to two decades.
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