Beyond Nuclear challenges relicensing GEIS in federal court

On October 7, 2024, Beyond Nuclear and Sierra Club filed a Petition for Review to the  United States Court of Appeals for the District of Columbia challenging the US Nuclear Regulatory Commission’s (NRC) new final rule that restricts the environmental review standards for license renewal applications of aging reactors in the US.  The new Generic Environmental Impact Statement (GEIS) for relicensing applies to the initial 20-year license renewal from 40 to 60 years and one additional 20-year operating license extension under the Subsequent License Renewal process for a total of 60 to 80 years of operation.

The Petition for Review states that the “Petitioners contend that under NEPA (National Environmental Policy Act] and the APA (Administrative Procedures Act), the NRC may not lawfully apply the conclusions of the License Renewal GEIS as mandatory requirements in NRC license renewal proceedings because they are based on analyses of environmental impacts of reactor license renewal that are irrational, unreasonable, incomplete, unsupported, and arbitrary and capricious.” [Read law trade journal story with free registration at Law360  ]

In light of the recent dramatic and tragic demonstration of climate change-driven super storms, the GEIS irresponsibly fails to consider the effects of climate change impacts on accident risk where increased storm frequency and flooding will place aging nuclear power plants at greater risk of equipment failure and severe nuclear accidents.

The United States Court of Appeals for the District of Columbia immediately issued an Order to the Petitioners assigning the case No. 24-1318.  The order sets a November 6, 2024 deadline for the Petitioners to file a docketing statement which will include standing declarations, as well as other initial notices for the Constellation Energy’s (Exelon) Peach Bottom atomic power plant Units 2 and 3 in Delta, Pennsylvania.

[Correction: Case No. 24-1318 does not specifically include Dominion Energy’s the North Anna nuclear power station Units 1 and 2 in Mineral, Virginia.]