Cal. PRC § 25548.2 — California Code / Code prc / Division 15 / Chapter 6.3 / Section 25548.2
Section 25548.2
Status: in_force

For purposes of any application or request by the operator for a permit, lease, license, certification, concurrence, plan, decision, or other approval from a state agency, and of any request by the United States Nuclear Regulatory Commission for consultation or other input, that is necessary to authorize Diablo Canyon powerplant operations after the current expiration dates, all of the following shall apply:

(a) Notwithstanding any other law, the state agency shall take final action on the application or request to extend the operations of the Diablo Canyon powerplant within 180 days of submission of a complete application or request.

(b) Given the unique circumstances of this site and the time-limited extension of operations, and in view of the precedent of World Business Academy v. State Lands Commission (2018) 24 Cal.App.5th 476, the Diablo Canyon powerplant site, and all structures, buildings, and equipment at the site or necessary to extend operations at the site, shall conclusively be deemed an existing facility or existing facilities under Section 15301 of Title 14 of the California Code of Regulations and not subject to any exception under Section 15300.2 of Title 14 of the California Code of Regulations, in any agency or judicial proceeding.

(c) At least 30 days before issuing any permit, lease, license, certification, concurrence, plan, decision, or other approval, some or all of the members of the State Lands Commission, the California Coastal Commission, the State Water Resources Control Board, and any other agency invited to participate by the Secretary of the Natural Resources Agency, shall participate in a joint public process facilitated by the Secretary of the Natural Resources Agency to consider public input concerning the environmental impacts and mitigation of extended operations of the Diablo Canyon powerplant. The Natural Resources Agency shall conduct at least one public hearing, and shall receive written comments, upon which to base any findings and recommendations.

(d) The Secretary for Environmental Protection and the Secretary of the Natural Resources Agency shall ensure coordination among, and prioritization of review of relevant applications by, the California Coastal Commission, the State Lands Commission, the State Water Resources Control Board, regional water quality control boards, and the State Air Resources Board.

(e) Except as provided in this section, this section does not alter or limit any proceeding of the commission including, but not limited to, proceedings planning for the decommissioning of the Diablo Canyon powerplant.

(f) The Secretary of the Natural Resources Agency, in consultation with the state agencies described in subdivisions (c) and (d) and with the Public Utilities Commission shall, by January 31, 2023, provide to the Joint Legislative Budget Committee a detailed description and plan that identifies all the actions that are necessary for the extension of the operations of the Diablo Canyon powerplant to beyond the current expiration date of each unit, and until new dates that shall be no later than December 31, 2029, for Unit 1, and no later than December 31, 2030, for Unit 2.

(g)  This section shall become inoperative once the United States Nuclear Regulatory Commission concludes its review of the operator’s next applications for renewal of the licenses for Diablo Canyon Units 1 and 2, and, as of January 1 of the following year, is repealed.