A Bit of Good News: Holtec Seeks To Modify Permits

Owners of Pilgrim Retreat from earlier claims; make de facto concession that it is in fact bound by the laws

I just wanted to provide an update on last night's Nuclear Decommissioning Citizens Advisory Panel (NDCAP) in Plymouth. In my view, it was a positive evening: Holtec seems to have realized, after serious discussion last month with the EPA, that it cannot dump radioactive wastewater into Cape Cod Bay in violation of its permit; it is therefore seeking to modify or amend its current permits.

( Attorney and newly-appointed NDCAP Member James Lampert, of Duxbury, discussing the relevant statutes and regulations; photo credit — J. Benjamin Cronin. )

Why is this good if you oppose dumping?

It's good because what this means is that Holtec has significantly retreated -- it hasn't quite "cried uncle," but it has had to recognize that Federal and State laws apply to it, just like everybody else. They specifically asserted -- in what the EPA called "a novel" interpretation in June, which is lawyers saying politely "you are just wrong" -- the contrary, and the company is backing down.

At a practical level, it makes dumping far less likely. One knowledgeable observer last night predicted that mid-2023 would be around the period where Holtec would reasonably have its materials together to apply for the permit modification; from there, once the application is submitted, it's another 1-2 years for the process to play out. The EPA can and probably will find all kinds of further information they want from Holtec, which will take more time. Therefore we are looking at a time frame of years for the permits to be considered.

What this does is effectively similar to the 2 year moratorium that our legislative delegation obtained earlier this month, and which Gov. Baker vetoed. That moratorium, while good in and of itself, had the key effect of forcing Holtec to delay its decommissioning plans. Their entire business model is premised on rapid decommissioning. If they have to wait for years to learn the fate of the water, it becomes less and less financially beneficial every day that they are not allowed to dump in the bay. It ultimately makes it more likely that Holtec will do the right, but marginally more expensive ($20 million for a $4 billion company), thing, and ship the waste to a licensed storage facility.

We are by no means out of the woods, but I do think this was a significant step in the right direction. Lots happened at the meeting, but that is the headline.