An environmental activist group has sued PG&E, demanding a court order forcing the electric power supplier to shutter California’s last remaining nuclear power plant, despite concerns from the state of California that its closure would leave a gaping hole in the ability of California to power its homes and economy without worsening blackouts.
On April 11, the organization known as Friends of the Earth filed its complaint in San Francisco County Superior Court against utility Pacific Gas & Electric.
The lawsuit asserts PG&E has wrongly indicated it will seek federal approval, perhaps with the support of Gov. Gavin Newsom and other California state officials, to extend the allowed lifespan of its twin nuclear reactors at the Diablo Canyon nuclear power plant for up to 20 years.
Friends of the Earth asserts PG&E’s attempt to keep the plant open for decades more violates a deal the environmental activist organization reached with PG&E in 2016, under which the activists say the utility allegedly agreed to wind down operations and close the Diablo Canyon generators by 2025.
That deal was purportedly reached to end prior litigation Friends of the Earth brought against PG&E over the Diablo Canyon facility.
As recently as 2016, Diablo Canyon produced as much as 9% of all electricity in California, and 20% of all electricity in the PG&E service area.
However, environmental activists sought its closure, ostensibly out of concerns of potential radioactive release at the plant should it suffer damage in an earthquake.
However, they also claim they and California state officials agreed previously that the plant needed to close to help California achieve its goals to generate power without emitting so-called “greenhouse gas emissions.”
The nuclear plant does not burn any carbon-based fuel, such as coal or natural gas. According to the International Energy Agency and the World Nuclear Association, nuclear power plants produce virtually no greenhouse gas emissions while in operation. Yet, the activists and state officials, to this point, have still insisted the nuclear plant must close to help California combat climate change.
However, amid power supply problems that have resulted in rolling blackouts in California, Gov. Newsom and others have walked back their previous support for shuttering the plant in 2025, when its current operating permits expire.
In 2022, Newsom signed legislation offering financial incentives to PG&E to allow Diablo Canyon to continue supplying crucial electricity to the PG&E service area, particularly as the state rapidly moves toward a transition away from internal combustion cars and trucks toward nearly all electric vehicles of all kinds within the next decade.
However, Friends of the Earth says it simply wants the court to order PG&E to move forward with plans to shut the plant down within the next two years.
“… Convicted killer PG&E is seeking the keys to continue operating its outdated nuclear power plant, situated near dangerous seismic faults, for an indefinite period of time beyond the agreed-upon closure dates,” Friends of the Earth writes in its complaint. “PG&E acts as if it has no remaining contractual obligations, including to prepare in good faith to retire the nuclear power plant by the agreed deadlines.”
Friends of the Earth is represented by attorneys Peter Prows and Lawrence S. Bazel, of the firm of Briscoe Ivester & Bazel, of San Francisco.