On February 17th, we posted the blog “Entergy’s ‘Tidelands’ License Upheld; But JRWA & Residents Have Legal Standing” about the Massachusetts Department of Environmental Protection’s (MassDEP) final decision to uphold Entergy’s Chapter 91 Tidelands License for an emergency cooling system for Pilgrim in Cape Cod Bay.

In the blog, we also discussed an illegal, unlicensed mooring system that was installed by Entergy in public tidelands, running from the jetty at Pilgrim to the shoreline. The system was installed despite an ongoing legal appeal about the issue and no license application. The system was uncovered by a citizen in fall 2015.

The system was apparently installed to avoid a penalty by the Nuclear Regulatory Commission (NRC) in case the citizens won the ongoing MassDEP legal appeal. Without the mooring system, Entergy would be in violation of the NRC’s Order from 2012. But now it is in violation of Massachusetts laws and could face legal consequences if no action is taken.

Last year local residents asked MassDEP to enforce Chapter 91 laws against Entergy and require a new license for the illegal system, and sent a formal letter to follow up in February 2016.

On February 18, MassDEP responded by issuing a formal enforcement request letter to Entergy. In the letter, MassDEP states that it “received information that two (2) cleat-held lines with float markers had been installed in the waters adjacent to [Pilgrim]. Such lines are considered “structures” subject to jurisdiction under the Massachusetts Public Waterfront Act M.G.L c.91. The Department has determined that these structures are not authorized under M.G.L c.91. Therefore, these structures are in noncompliance with one or more laws, regulations, orders, licenses, permits, or approvals enforced by the Department.”

Energy has 30 days to remove the structures or to file for an appropriate Chapter 91 Waterways license, or otherwise face “serious legal consequences.” Read the full letter →

Pictured below is the illegal system.