Bush Administration, Nuclear Agency
Fail to Vet Terrorism Risks at Diablo Nuclear Plant

PRESS RELEASE 15mar04

Mothers for Peace PO Box 164 Pismo Beach, Ca 93448 www.mothersforpeace.org (805) 773-3881
Sierra Club, Santa Lucia Chapter P.O. Box 15755 San Luis Obispo, California 93406 http://santalucia.sierraclub.org/index
Contact: Rochelle Becker (805) 489-7420 Eric Antebi (415) 977-5747

San Francisco, California - The Bush administration and the Nuclear Regulatory Commission failed to fully and publicly address terrorism risks when it recently considered plans for additional nuclear waste storage at the Diablo Canyon complex in San Louis Obispo. This concern is the basis for a lawsuit being filed by the Sierra Club and local watchdog group, Mothers for Peace, against the NRC in the 9th District Court of Appeals today.

"The terrorist attacks of September 11, 2001, caused Petitioners to be gravely concerned that the siting and design of the Diablo Canyon nuclear power plant makes it a vulnerable and attractive target for acts of malice or insanity," according to the brief.

"The NRC has illegally prohibited the public, including the Petitioners, from addressing these issues in its public hearings regarding the licensing of a new spent fuel storage facility at [Diablo Canyon].

The Bush administration and the NRC have come under fire by nuclear and security experts who contend that the federal government has done enough to address terrorism risks at nuclear facilities. Those concerns are magnified by a lack of accountability at the NRC and by the possible conflict of interest presented by the Bush administration's clearly stated goals of expanding nuclear power and storage capabilities in the U.S.

"The federal government has failed to address the vulnerability if nuclear power plants and their spent fuel to terrorist attack," said Gordon Thompson, Executive Director of the Institute for Resource and Security Studies. "While specific points of vulnerability should remain confidential, public debate on this issue is essential. Engagement of the public can ensure that industry and government do not neglect this threat to our security."

Although the NRC has widely claimed to be increasing protection of nuclear facilities against terrorist threats, the NRC did not propose or even consider any post-September 11 security upgrades to protect the large inventory of spent reactor fuel from terrorist attacks. Moreover, the NRC ruled that the question of how spent fuel should be protected from terrorist attacks was off-limits to members of the public who sought a hearing.

The Diablo Canyon nuclear plant, which began operating in 1985, consists of two 1,100-megawatt pressurized water reactors. Pacific Gas and Electric, which owns and operates the plant, has applied for a permit that would allow it to increase its on-site nuclear waste storage capacity, which in the process would create added security risks and costs.

In considering this permit, the NRC refused to take basic measures, including holding public meetings or conducting a routine environmental review, to establish public confidence that adequate terrorism and security concerns were being addressed. In doing so, the petitioners claim, the NRC violated both the Atomic Energy Act and the Administrative Procedure Act.

Last spring, Senator Dianne Feinstein and Congresswoman Lois Capps criticized the NRC for its decision not to hold hearings and urged the agency to reconsider its position. The NRC has also drawn fire for similar behavior around other nuclear facilities nationwide, giving national implications to the outcome of this case.

"In a post-September 11th world, it is unconscionable for the Nuclear Regulatory Commission to license an expanded high-level radioactive waste facility on California's coastal bluffs without holding full evidentiary hearings on terrorism," said Rochelle Becker, Project Coordinator for San Luis Obispo Mothers for Peace. "The people who live near Diablo Canyon have a right to know what the administration is or is not doing to ensure their safety."

"Americans want to know that their communities are safe from terrorism, and you don't have to be a CIA agent to know that nuclear power plants are natural targets," said Pat Veesart on behalf of the Sierra Club. "We need to identify security concerns before it's too late and vet these issues directly with the members of the public who face the greatest danger. That's not only common sense, it happens to be the law."

• Full text of Opening Brief can be viewed, click here: Here is the link: http://www.mothersforpeace.org/data/2004-03-159thCircuitBrief.pdf
• To read a study published in the journal of Science and Global Security addressing the security risks of spent fuel pools and gaps in NRC policies, click here: http://www.mothersforpeace.org/data/20030122ReducingTheHazardsPdf