A lawsuit filed by attorneys Diane Curran of Washington, D.C., Mindy Goldstein of Turner Environmental Law Clinic at Emory University in Atlanta, and John Runkle of Chapel Hill, North Carolina, challenges the U.S. Nuclear Regulatory Commission's (NRC) approval of the Toshiba-Westinghouse "Advanced Passive" (AP) 1000 reactor design on Dec. 30, 2011, as well as the Feb. 9-10 NRC approval of the Vogtle nuclear power plants Units 3 and 4 combined construction and operating license application (COLA). The lawsuit was filed on behalf of an environmental coalition including: Southern Alliance for Clean Energy; Blue Ridge Environmental Defense League; Center for a Sustainable Coast; and Georgia Women's Action for New Directions. Those environmental petitioners are joined by co-petitioners from the "AP1000 Oversight Group": North Carolina Waste Awareness and Reduction Network; Citizens Allied for Safe Energy; Friends of the Earth; Nuclear Information and Resource Service; and Nuclear Watch South (nuclear engineer Arnie Gundersen of Fairewinds Associates has served as an expert witness for the AP1000 Oversight Group). Dr. Arjun Makhijani of Institute for Energy and Environmental Research (IEER) serves as the environmental coalition's expert witness on this lawsuit.
The lawsuit alleges that the NRC's failure to apply lessons learned from the Fukushima Nuclear Catastrophe before approving the AP1000 reactor design, as well as the Vogtle 3 and 4 COLA, is a violation of the National Environmental Policy Act, as well as additional laws and regulations. The plaintiffs cite the dissenting opinion written by NRC Chairman Gregory Jaczko in the 4-1 split NRC Commissioners decision to approve the Vogtle 3 and 4 COLA.
Beyond Nuclear and its environmental coalition allies have filed identical legal challenges against the Seabrook nuclear power plant's license extension in New Hampshire, the Davis-Besse nuclear power plant's license extension in Ohio, and the Fermi 3 atomic reactor's COLA in Michigan. However, those proceedings have not yet reached the stage that the Vogtle 3 and 4 proceeding has -- final approvals by NRC, now timely for legal action in federal court.