Dominion Agrees to Strict, New Water Permit For Brayton Point Plant Settlement with EPA a major victory for fragile Mount Hope Bay

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Colin Durrant , Director of Communications
617-850-1722

Boston, MA (December 17, 2007) After almost five years of delay tactics Dominion Resources has agreed to a strict, new thermal water intake and discharge permit for the Brayton Point Station in Somerset, MA. In a settlement with the Environmental Protect Agency’s Region 1 office, the company agreed to large reductions in water use by adopting new, readily-available technology that will help pave the way to a healthier, restored Mount HopeBay.

The Conservation Law Foundation (CLF), one of the environmental and legal advocacy groups pushing for the stronger permit since 2003, called the settlement a major victory for the fragile ecosystem of Mount HopeBay which borders both Massachusetts and Rhode Island.

“It is far better to protect the Bay and its fisheries than suffer through years’ more of litigation delays,” said Christopher Kilian, CLF’s Clean Water and Healthy Forests Program Director.

By appealing the adoption of a stricter permit, Dominion had been able to delay the implementation and continue to pollute Mt.Hope Bay under the authority of an extremely weak 1993 permit that expired in 1998. The best scientific evidence concludes that Brayton Point’s existing, outdated water permit, which allows it to withdraw up to a billion gallons of water a day from the Bay and then discharge it into the Bay at temperatures up to 95 degrees, is a prime cause of the precipitous decline in the region’s finfish population.

CASE TIMELINE:

1. The owners of the plant, at the time a subsidiary of Pacific Gas & Electric Corporation, appealed the permit. CLF filed a brief in support of EPA’s new permit. Other briefs were filed by Save the Bay, the Taunton Rivershed Alliance, the Kickemuit River Council, the states of Rhode Island and Massachusetts, and an industry group.
2. In February 2006, the Environmental Appeals Board (EAB) in Washington, D.C., largely upheld the permit but required EPA to conduct additional testing on two additional technical points regarding temperature regulation and noise.
3. In November 2006, the Environmental Protection Agency re-issued the water intake and discharge permit after responding to the EAB’s issues. Dominion appealed the permit again to the EAB.
4. September 2007, EAB denies Dominion’s appeal. This action is subject to judicial review at Dominion’s option.
5. December 2007, Dominion agrees to strict, new permit in settlement with EPA.

To view the settlement visit: http://www.epa.gov/region1/braytonpoint/index.html

The Conservation Law Foundation (www.clf.org) works to solve the environmental problems that threaten the people, natural resources and communities of New England. CLF’ s advocates use law, economics and science to design and implement strategies that conserve natural resources, protect public health, and promote vital communities in our region. Founded in 1966, CLF is a nonprofit, member-supported organization. It has offices in Boston , Massachusetts; Concord, New Hampshire; Providence, Rhode Island; Montpelier, Vermont ; and Brunswick, Maine.