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02i16i99 <br />09:45 HARMON+CURRAN+SPI -~ 919 644 0246 <br />tJO.093 <br />February 12,1999 <br />UNITED STATES OF AMERICA <br />NUCLEAR REGULATORY COMMISSION <br />BEFORE THE NRC STAFF <br />In the Matter of ) <br />CAROLINA POWER & LIGHT ) Docket No. 50-400 <br />(Shearon Harris Nuclear ) <br />Power Plant) ) <br />ORaiNGE COUNTY'S COMMENTS IN OPPOSITION <br />TO NO SIGNIFICANT HAZARDS DETER1y1INATION <br />AND CONDITION.~iL REQUEST FOR A STAY OF EFFECTIVENESS <br />INTRODUCTION <br />Pursuant to 10 C.F.R. ~ 50.92(a)(2), Orange County, North Carolina, hereby submits the <br />following comments in opposition to the Nucleaz Regulatory Commission's {"NBC's" or <br />"Commission's") proposed No Significant Hazards determination resarding a proposed license <br />amendment to permit expansion of spent fuel storage capacity at the Shearon Harris nuclear <br />power plant. The proposed license amendment and finding of no significant hazards <br />considerations were noticed in the federal Register on January 13, 1999, 64 Fed. Reg. 2,237. <br />These comments are supported by the attached Declaration of Dr. Gordon Thompson (February <br />13, 1999) (hereinafter "Thompson Declaration"). <br />The~proposed No Significant Hazards finding should be withdrawn because the <br />operational changes allowed by the proposed license fail to satisfy any of the three criteria in 10 <br />C.F.R. § 50.9? for dispensing with a prior hearing. The finding should also be withdrawn <br />because the proposed amendment does not satisfy the NBC's standard for a categorical <br />exemption from the procedural requirements of the National Environmental Policy Act <br />("NEPA"), as set forth in 10 C.F.R. § S 1.22(c). Therefore, as required by NEPA and 10 C.F.R. <br />D02 <br />