PLYMOUTH — Looking for a way to gain approval for disposing of a million gallons of contaminated wastewater into Cape Cod Bay, Holtec International, the company decommissioning the Pilgrim nuclear plant in Plymouth, requested an amendment to its water discharge permit. The state denied that request in July, but Holtec has now appealed that decision.
The Dept. of Environmental Protection’s denial was based on the state’s Ocean Sanctuaries Act, which prohibits such industrial discharges into Cape Cod Bay. While the act exempts discharges associated with active electric power generation and transmission, Pilgrim has not generated electricity since it was permanently shut down in 2019.
Holtec argues that decommissioning a nuclear plant is simply another step in the production of electrical power, so the discharge should be permitted.
Holtec has asked MassDEP’s Office of Appeals and Dispute Resolution, which is an independent entity, to reverse the denial or to rule on the permit modification request under the Mass. Clean Waters Act rather than the Ocean Sanctuaries Act.
In its filing, Holtec argues that the discharge would be consistent with the Clean Waters Act, given the characterization of the effluent pollutants in the wastewater. “MassDEP’s reasoning for denying the permit modification is mere pretext for an improper attempt to regulate radioactive byproduct materials, which is squarely preempted by the [federal Atomic Energy Act],” Holtec says in its appeal.
The appeal was expected, but Mary Lampert, a longtime plant watchdog and member of the Nuclear Decommissioning Citizens Advisory Panel (NDCAP), said the expense related to it would only impede a proper cleanup. “All Holtec’s legal fees come out of our decommissioning trust fund,” she said. The money in the fund came from ratepayers, and “Holtec did not put a dime into it,” Lampert said.
Andrew Gottlieb, executive director of the Association to Preserve Cape Cod and also an NDCAP member, called the appeal “good for Holtec’s bottom line.”
Buying Time for Evaporation
“The longer they pursue this meritless appeal, the more time they have to induce evaporation of the contaminated water into the air while slowing their spending,” said Gottlieb in a written statement.
What Gottlieb is referring to is Holtec’s evaporation of the radioactive wastewater through vents in the reactor building. The company has submerged heaters in the water stored in the reactor cavity for several months at a time, claiming that it helped to dry components and warm workers in the building. But a significant amount of the contaminated wastewater has been released into the atmosphere as a result, and opponents have argued that from there it would eventually come back down. Holtec removed the heaters for the summer but intends to submerge them in the wastewater again as the weather cools.
The 1.1 million gallons of wastewater at the plant dropped by 150,000 gallons thanks to the evaporation, according to estimates Holtec provided earlier this year. “What does the public get from this?” said Gottlieb. “Increased exposure to radiation released from evaporation and an eight-year-longer wait for the site to be cleaned up.”
The cleanup was originally to be finished by 2027. But Holtec has moved the projected date to 2035 and placed much of the blame for the delay on public opposition to the proposed discharge into the bay. Opponents have lobbied to have Holtec ship the contaminated water off-site for disposal at a licensed facility.
Gov. Maura Healey’s spokesperson released a statement in response to the appeal that reads: “DEP’s permit decision is clear that Holtec cannot discharge wastewater into Cape Cod Bay. It’s time for Holtec to move forward, dispose of the wastewater in a safe and acceptable manner, and stop delaying our real goal — decommissioning of the site and returning the property to productive use. We’ll continue to monitor Holtec’s role in decommissioning and any potential impacts on the environment and human health.”
The Office of Appeals and Dispute Resolution has not yet set a date for a hearing or decided whether it will be held at DEP headquarters in Boston or the regional office in Lakeville, according to DEP spokesman Edmund Coletta. But the process will include a hearing open to the public.
Once the appeal is heard, the presiding officer from the appeals office will issue a recommended final decision. Commissioner Bonnie Heiple will then review and make the final decision on the case. That decision could then be appealed in Superior Court.