As reported by a Friends of the Earth news release, subtitled "Friends of the Earth [FOE] petition says NRC illegally let PG&E alter nuclear plant's license," a 9th Circuit federal appeals court panel has rejected motions by Pacific Gas & Electric (PG&E) and the U.S. Nuclear Regulatory Commission, allowing FOE's lawsuit to proceed to a hearing on the merits.
FOE alleges that NRC and PG&E colluded to secretly alter the Diablo Canyon nuclear power plant (photo, left) operating license regarding the capability of the twin reactors to survive earthquake magnitudes greater than the facility was ever designed to withstand. In recent years, the lengths and interconnections of earthquake fault lines, and their proximity to Diablo Canyon, were revealed to be significantly greater than previously understood.
FOE is demanding a public adjudicatory hearing on the increased seismic risks, something that should have happened in the first place. In the meantime, FOE is calling for both units to be shutdown, until its concerns are fully addressed.
Harvey Wasserman has blogged about FOE's preliminary legal victory at EcoWatch.