A California judge dismissed an environmental group’s lawsuit that looked to block the state’s largest utility from seeking to extend the operating life of the Diablo Canyon Nuclear Power Plant.
Friends of the Earth filed a lawsuit in the state Superior Court in April, hoping to derail a state-supported proposal that would keep the power plant running for another five years. The environmental group was part of a 2016 agreement with operator Pacific Gas and Electric to shutter the state’s nuclear power plant by 2025.
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However, Democratic Gov. Gavin Newsom and the state legislature opened a way for PG&E to extend their operations for longer last year. The environmental group argued that the 2016 deal to close the reactors was not “fully extinguished” and that the utility would break a binding contract if federal regulators extended the operating licenses.
In an 18-page ruling, Judge Ethan P. Schulman rejected the complaint, agreeing with PG&E that Friends of the Earth was asking the court to “impermissibly hinder or interfere” with state regulatory oversight of the power plant located midway between San Francisco and Los Angeles.
If the group’s request was granted, the court would be placed in conflict with state regulators and would “enmesh the court in complex questions of energy, economic and environmental policy” that would be best handled by the California Public Utilities Commission and other agencies, Schulman wrote.
The group, however, could appeal the decision — and signaled to do so.
“We continue to strongly believe in our case and are considering appealing the unwarranted dismissal,” said Hallie Templeton, Legal Director for Friends of the Earth, in a statement. “One thing is clear: the fight to shutter Diablo Canyon is not over, and this is not our only iron in the fire.”
The group has another active legal challenge in the Ninth Circuit against the Nuclear Regulatory Commission for decisions related to the Diablo Canyon’s extension.
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In a statement to the Associated Press, PG&E spokeswoman Suzanne Hosn said the company is following the state’s energy policy “and our actions toward relicensing Diablo Canyon Power Plant are consistent with the direction of the state.”
The operating license for the Unit 1 reactor expires next year, and the Unit 2 license expires in 2025. PG&E intends to apply to the Nuclear Regulatory Commission by the end of the year to extend operations for as much as two decades.