Holtec Decommissioning International LLC (Board decision, November 25, 2020)

Plain-English summary

Holtec Decommissioning International, LLC, Holtec Pilgrim, LLC, and Entergy Nuclear Operations, Inc. petitioned the Environmental Appeals Board to review a permit renewal for the Pilgrim Nuclear Power Station in Massachusetts. The permit authorized continued surface-water intake and certain discharges into Cape Cod Bay while the facility was in shutdown. Entergy later withdrew from the appeal, Holtec partially withdrew its petition, and the parties pursued settlement. After the parties reached a settlement that included a minor modification letter and an Administrative Order on Consent, Holtec moved to dismiss, and the Board dismissed the petition.

Decision snapshot

• Cited authorities: 40 C.F.R. § 124.19(k)
• Outcome: The petition for review was dismissed after the parties reached a settlement concerning the NPDES permit.
• Key point: An NPDES permit appeal may be dismissed after the parties resolve the dispute through settlement and the petitioner requests dismissal.

Full text (EPA EAB public release)

F I L E D
Nov 25 2020
Clerk, Environmental Appeals Board

INITIALS ______
ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.

)
In re:
)
)
Holtec Decommissioning International, LLC
)
)
NPDES Permit No. MA003557
)
______)

NPDES Appeal No. 20-03

ORDER DISMISSING PETITION FOR REVIEW
On March 6, 2020, three parties—Holtec Decommissioning International, LLC, Holtec Pilgrim, LLC (together, “Holtec”), and Entergy Nuclear Operations, Inc. (“Entergy”)—filed a petition with the Environmental Appeals Board (“Board”) seeking review of a permit renewal (“Permit”) issued jointly by U.S. EPA Region 1 (“Region”) and Massachusetts Department of Environmental Protection (“MassDEP”) pursuant to the federal Clean Water Act’s National Pollutant Discharge Elimination System and the Massachusetts Clean Waters Act. The Permit was issued to Holtec Decommissioning International, LLC, and authorizes the continued intake of surface water and certain continued discharges from the Pilgrim Nuclear Power Station (“Facility”) into Cape Cod Bay. The Facility has ceased generating electricity and, as of June 1, 2019, has entered its shutdown phase. See Region 1, U.S. EPA, Pilgrim Nuclear Power Station, NPDES Permit No. MA0003557, at 28 (issued Jan. 30, 2020). Shortly after the petition was filed, the parties sought, and received, a stay of proceedings in order to engage in settlement discussions. Order Granting Joint Motion to Stay Proceedings (Mar. 31, 2020). The parties filed multiple status reports keeping the Board apprised of their progress toward settlement, and the Board subsequently granted petitioner Entergy’s motion for

withdrawal from the appeal, petitioner Holtec’s motion for partial withdrawal of the petition, and the parties’ joint requests for continuance of the stay, all for good cause shown. See Order Granting Motion for Partial Withdrawal of Petition, Motion for Withdrawal of Entergy as Petitioner, and Joint Motion for Extension of Stay (July 22, 2020); Order Granting Joint Motion for Second Extension of Stay (Oct. 20, 2020). On November 23, 2020, Holtec filed a motion seeking dismissal of the petition. Holtec Decommissioning International, LLC and Holtec Pilgrim, LLC’s Assented-to Request for Dismissal of Petition (Nov. 23, 2020); see 40 C.F.R. § 124.19(k). Holtec reports that “the parties have reached a settlement that includes a minor modification letter and executed Administrative Order on Consent” and represents that the Region has assented to the request for dismissal. Holtec Request for Dismissal of Petition at 1. Having considered the motion and the representations therein, the Board GRANTS the motion and DISMISSES THE PETITION. So ordered. 1 ENVIRONMENTAL APPEALS BOARD

Date:

By: ________
Kathie A. Stein
Environmental Appeals Judge

November 25, 2020

The three-member panel deciding this matter is composed of Environmental Appeals Judges Aaron P. Avila, Mary Kay Lynch, and Kathie A. Stein. 1

2

CERTIFICATE OF SERVICE
I hereby certify that copies of the foregoing ORDER DISMISSING PETITION FOR REVIEW in the matter of Holtec Decommissioning International, LLC, NPDES Appeal No. 20-03, were sent to the following persons by email:

Attorneys for Holtec Decommissioning
International, LLC and Holtec Pilgrim, LLC

Attorney for Region 1, U.S. Environmental
Protection Agency

Jed Nosal
Gregory S. Sampson
BROWN RUDNICK LLP
One Financial Center
Boston, MA 02111
Telephone: 617-856-8272
[email protected]
[email protected]

Michael Curley
Region 1
U.S. Environmental Protection Agency
5 Post Office Square, Suite 100
Mailcode 04-6
Boston, MA 02109-3912
Telephone: 617-918-1623
[email protected]

Dated: November 25, 2020

Annette Duncan
Administrative Specialist