with PG&E to retire Diablo Canyon. This was in exchange for Friends of the Earth dropping a separate legal challenge over environmental and public safety concerns associated with the power plant's continued operations. Diablo Canyon—California's last remaining nuclear plant—is located in San Luis Obispo near at least three seismic fault lines, which puts the entire state at risk of a devastating accident.
Friends of the Earth's new lawsuit follows recent actions by PG&E that indicate an intent to breach the 2016 contract. These include applying to the U.S. Department of Energy for funding to aid Diablo's extended operations andfrom the U.S. Nuclear Regulatory Commission to continue operating Diablo Canyon beyond the expiration of current operating licenses while NRC considers PG&E's forthcoming license renewal applications.
"Contracts simply don't vanish into thin air," FOE legal director Hallie Templeton said in a statement."Yet ever since California passed legislation supporting Diablo Canyon's extension, PG&E has been acting as if our contract has disappeared." "Setting aside the agreement to retire Diablo, there are myriad legal prerequisites for extending operations of a nuclear power plant, including federal decisions that states cannot dictate," Templeton added."We hope our litigation can push PG&E to reconsider its potential breach and uphold its obligations, including preparing for the agreed-upon retirement."PG&E said last month that it would seek permission to keep Diablo Canyon operating for up to 20 more years.
Source: Law Daily Report (lawdailyreport.net)
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