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State Finds No Exemption for Holtec on Nuclear Wastewater Release

Official advises DEP to uphold its earlier decision based on Ocean Sanctuaries Act

Christine Legere, the Provincetown Examiner, November 19 2025,

PLYMOUTH — Holtec International, the company that owns and is decommissioning the Pilgrim nuclear power station, has likely lost its appeal of a state environmental ruling that has prevented it from releasing nearly one million gallons of the power plant’s wastewater, which contains radionuclides and other contaminants, into Cape Cod Bay.

Salvatore Giorlandino, the Dept. of Environmental Protection’s chief presiding officer for the appeal, issued his 60-page recommendation on Nov. 6. It advises DEP Commissioner Bonnie Heiple to uphold her agency’s 2024 decision to deny Holtec’s request for an amendment to its discharge permit that would allow releasing the wastewater

The DEP’s 2024 decision was based on the state’s Ocean Sanctuaries Act, which prohibits the discharge of industrial waste into designated ocean sanctuaries. Cape Cod Bay carries that designation.

Giorlandino’s recommendation finds that Holtec does not qualify for any of the exemptions listed in the Ocean Sanctuaries Act, including an exemption for discharges related to the generation of electric power, since Pilgrim has not generated electricity since its shutdown in 2019.

The recommendation also discussed why preemption by federal law does not apply. Holtec had argued that the federal Atomic Energy Act would preempt the state law. But Giorlandino wrote that because the Nuclear Regulatory Commission has approved three methods of nuclear wastewater disposal investigated by Holtec in connection with the Pilgrim plant — discharge, shipment for disposal, and evaporation — Holtec has options beyond a discharge into the bay that would comply with both federal and state laws.

“If all three methods of disposal approved by the NRC were prohibited by state law, this case may have a different outcome,” Giorlandino noted.

The recommendation awaits Heiple’s final determination.

Making It a Federal Case

A dismissal of the appeal by Heiple likely won’t mark the end of the wastewater debate.

In an email on Nov. 14, spokesman Patrick O’Brien said Holtec is currently refraining from comment until the state decision is finalized. “But based on a recent federal court ruling, it is likely that we may go that route as well,” O’Brien said.

O’Brien was referring to a federal judge’s September ruling in favor of Holtec in a New York case related to Holtec’s plan to discharge 1.5 million gallons of wastewater into the Hudson River from the Indian Point nuclear power plant, which it also owns and is dismantling.

New York passed a state law, the “Save the Hudson Act,” in 2023, which prohibited the discharge of radioactive substances into the Hudson River in connection with the decommissioning of a nuclear power plant. But according to a report on the website of the clean water advocacy group Riverkeeper, the judge in the appeal ruled that federal laws relating to the regulation of nuclear waste discharges supersede state laws. The site noted that New York Attorney General Letitia James had notified the court that the state would appeal the ruling.

James Lampert, an attorney and member of the Nuclear Decommissioning Citizens Advisory Panel for Pilgrim, said that Giorlandino had considered the New York case in this ruling on Pilgrim. “I am pleased that he correctly found that a New York court decision that a New York statute prohibiting the discharge of radioactive waste into the Hudson River was preempted did not affect his decision here because, among other things, the facts in New York and Massachusetts are very different,” said Lampert in an email.

The difference, he wrote, is that the Ocean Sanctuaries Act has been in place since the early 1970s and prohibits all industrial waste discharges, not just discharges containing radioactive waste. New York’s law, only a few years old, limits its application to radioactive waste discharges.

Mary Lampert, who is also an NDCAP member and leads the community advocacy group called Pilgrim Watch and who is James Lampert’s wife, said she was not surprised that Holtec plans to continue its legal battle.

“Why would Holtec not appeal?” Lampert said by email. “Its legal fees all come out of the decommissioning trust fund, paid by ratepayers; not one dime comes out of Holtec’s pocket.”

Local Opposition Continues

Holtec first announced plans to discharge 1.1 million gallons of wastewater from Pilgrim into Cape Cod Bay in late 2021, triggering vigorous pushback from state, federal, and local officials, the fishing and tourist industries, and the public. At the time, Holtec said it had investigated alternatives to discharging the wastewater into the bay, including evaporating it, shipping it off site at a cost of $20 million, or storing it on the site. Releasing the wastewater into the bay was and remains the company’s top choice.

………………………………………………………Members of the NDCAP panel and the public have become increasingly concerned over the evaporation of the wastewater, which has not yet been treated to reduce radioactive contamination levels.

The Lamperts have said at NDCAP meetings that the evaporated water and its contaminants ultimately end up in Cape Cod Bay in the form of precipitation.

They are not the only ones to make that point.

Diane Turco, president of the Cape Downwinders advocacy group, said in an email that DEP’s denial of Holtec’s request to discharge the wastewater should also apply to its evaporation of the wastewater because “it’s falling into our environment and Cape Cod Bay.”

Andrew Gottlieb, an NDCAP member and executive director of the Association to Preserve Cape Cod, posted on his agency’s website that Holtec now has a choice. The company could forgo appeals and dispose of the wastewater legally and responsibly, Gottlieb wrote, or it could continue with “serial appeals” to give it time to evaporate the wastewater “into the air breathed by residents of southeast Massachusetts and the Cape.” https://provincetownindependent.org/featured/2025/11/19/state-finds-no-exemption-for-holtec-on-nuclear-wastewater-release/

November 23, 2025 Posted by Christina Macpherson | Legal, USA | Leave a comment