The Sierra Club?s Santa Lucia chapter and Mothers for Peace filed a petition in the Ninth District Court of Appeals March 15 alleging that the Nuclear Regulatory Commission (NRC) ignored the potential for terrorist threats at the Diablo Canyon nuclear plant. They specifically asked federal regulators to rehear Diablo owner Pacific Gas & Electric?s case for establishing on-site high-level radioactive waste storage. The NRC refused to allow information on potential terrorist attacks and the facility?s ability to repel them during formal hearings one year ago. The terrorism issue arose because PG&E applied to the NRC to build storage for high-level radioactive waste on site as a temporary solution to overfilling its fuel pools while a permanent site was being developed, although the fate of a permanent dump is uncertain. Last year, NRC administrative judge Paul Bollwerk said the NRC would not reconsider a December 2, 2002, Atomic Safety and Licensing Board decision that pledged to keep the issue of terrorist attacks on Diablo Canyon out of the discussion. The activists? petition claims that the lack of hearings violates both the Atomic Energy Act and the National Environmental Policy Act. NRC not only allowed federal regulators to refuse to hold hearings on terrorism?s potential at the site, but also did not require the preparation of an environmental impact statement. ?We haven?t had a chance to go through this yet, but we are certain the NRC has taken the issue of security seriously, as evidenced by the many enhancements to our security program since 9\/11,? said Jeff Lewis, PG&E spokesperson. The California attorney general filed an amicus brief challenging the NRC decision in the Ninth Circuit Court on March 19.