The Nuclear Regulatory Commission told Pacific Gas and Electric last week it would have to file a new application to keep California’s last nuclear generator, the Diablo Canyon Power Plant, operating beyond its planned closure dates in 2024 and 2025.

To expedite the renewal process, PG&E had asked the NRC to review a license application it filed 13 years ago. The NRC said it could not review the old application but would consider a waiver that might allow Diablo Canyon to continue operating as the commission weighs a new application.

PG&E said it had anticipated the decision and planned ahead.  

“PG&E’s project plan considered this regulatory path, and we have been developing application materials and supporting documents to support a filing with the NRC later this year,” the utility said in an emailed statement.

PG&E filed its previous renewal application in 2009 but withdrew it in 2018, based partly on the determination by state officials that the plant would not be needed to meet future demand for electricity.

Circumstances changed, however, as the state faced energy emergencies during the past three summers including rolling blackouts in 2020 and near misses in 2021 and 2022.  

Amid the crisis, Gov. Gavin Newsom and state lawmakers took steps to retain Diablo Canyon’s 2.2 GW of baseline power until at least 2030, and the U.S. Department of Energy awarded PG&E $1.1 billion to keep the plant open. (See  DOE Grants PG&E $1B for Diablo Canyon Extension.)

In October, PG&E asked the NRC to review its prior application and offered to supply updated information as needed.

The NRC denied the request in a Jan. 24 letter to PG&E.  

“The NRC staff has determined that resuming this review would not be consistent with our regulations or the [NRC’s] principles of good regulation and that there is no compelling precedent to support your request to resume the review of your withdrawn application,” the letter said.

“This decision does not prohibit you from resubmitting your license renewal application under oath and affirmation, referencing information previously submitted, and providing any updated or new information to support the staff’s review,” it said.

PG&E had also asked for a waiver under a federal regulation that allows a nuclear plant to keep operating past its license expiration date if it files a renewal application at least five years before the existing license expires. In that case, the “existing license will not be deemed to have expired until the application has been finally determined,” the regulation, 10 CFR 2.109(b), says.

PG&E asked the NRC for a waiver of the rule’s time requirement if it submitted a new application by Dec. 31, 2023. The current operating licenses for Diablo Canyon’s units 1 and 2 expire in November 2024 and August 2025, respectively.

PG&E’s waiver request remains under NRC review.  

“The NRC staff has not made a determination on your request for an exemption from 10 CFR 2.109(b), which is included in your October 31, 2022, letter,” it said. “The NRC staff is evaluating that exemption request and expects to provide a response in March 2023.”

PG&E said in a statement that NRC’s decision had “clarified the regulatory path PG&E will follow regarding the license renewal application (LRA) process, while allowing the company to leverage work already reviewed in our 2009 LRA. PG&E intends to submit a new application by the end of 2023.”