Cape Cod and South Shore activists should know by Thursday whether they’ll be allowed to participate in a state appeal regarding the discharge of radioactive water from the Pilgrim Nuclear Power Station.
In an email obtained by CAI, a state appeals officer told interested parties that he would rule by Thursday on each of seven motions to participate in the case.
The owner of the nuclear plant, Holtec International, is appealing a July decision by the state Department of Environmental Protection to deny Holtec permission to discharge radioactive water into Cape Cod Bay.
The appeal is similar to a court case, but it’s not in court — at least not yet. It will be heard by a presiding officer in the Office of Appeals and Dispute Resolution, a quasi-independent office under the umbrella of DEP.
Local residents and organizations filed motions to participate in the case. Some of the motions were filed by groups of 10 or more, because groups of 10 or more seeking to participate in an environmental case can meet a lower bar to be part of the case, activists say.
Organizations seeking to participate in the case include the Association to Preserve Cape Cod, Pilgrim Watch, the Cape Cod Commercial Fishermen’s Alliance, the Cape Cod Chamber of Commerce, and the Cape Cod and Islands Association of Realtors.
Andrew Gottlieb, executive director of the Association to Preserve Cape Cod, said activists who participate could strengthen the state’s position if the matter goes to court.
“I think it's going to be really important to have a broad-based record that will support the DEP determination in state and federal court, which is where ultimately we anticipate this thing to be going,” he said. “The appeal, while important in and of itself, … is really setting the table and the record upon which a state or federal court appeal will be ultimately heard and determined.”
Gottlieb said he hopes a court will rule on the Pilgrim water issue before next winter, to avoid going through another heating season.
In winter, submerged heaters at Pilgrim increase evaporation of radioactive water into the outdoor air.
