NRC ASKED TO FIX DEFICIENCY IN PILGRIM’S LICENSE INTENDED TO HELP PROTECT MARINE LIFE

Dr. Allison Macfarlane, the chairman of the Nuclear Regulatory Commission (NRC), recently paid a visit to Entergy’s Pilgrim Nuclear Station in Plymouth, and met with local officials and interest groups. In a letter following up on that visit, Earthrise Law Center asked the chairman to fix a serious deficiency in Pilgrim’s NRC operating license.

In the Nov. 11th letter addressed to Dr. Macfarlane, Earthrise highlighted a missing condition in Pilgrim’s license – a condition intended to help protect imperiled marine life, such as whales, sea turtles, and fish that are protected under the federal Endangered Species Act (ESA). Last year, the NRC assured the National Marine Fisheries Service (NMFS; the agency responsible for implementing the ESA for most marine species) that a condition in Pilgrim’s license requires its owner, Entergy, to report occurrences, sightings, or interactions of certain endangered and threatened marine species near the plant. Earthrise says this is wrong, and the reporting requirement is missing in the license. At Earthrise's request, NMFS asked the NRC to remedy the mistake in April 2013, but the NRC has yet to take action.

The reporting requirement is an important part of the nuclear plant’s license because Cape Cod Bay is home to many federally endangered and threatened species. Of particular concern is the North Atlantic right whale, one of the rarest large whales in the world with a little more than 500 individuals remaining. Under the ESA, most of Cape Cod Bay has been deemed “critical habitat” for right whales. Just this past January, there was an incredibly rare sighting of a mother-calf right whale pair in Cape Cod Bay. It was the first time in 27 years that a mom-calf pair had been reported in the Bay. The pair was sighted in the proximity of Pilgrim on several occasions, and once were seen within Pilgrim's 500-yard safety exclusion zone.

Entergy uses an outdated, once-through cooling water system that causes ongoing pollution and destruction of marine life, so knowing if imperiled species are nearby is important. Fixing the missing condition in Pilgrim's operating license is one way to help protect vulnerable species in the western portion of the Bay.