Agenda - 02-16-1999 - 3 - Laserfiche WebLink

Browse Search

02i16i99 09:45 HARMON,CURRAN,SPI ~ 919 644 0246 N0.093 D16 -3- out state policies on a local level and authorized to protect the citizens of the County through its police power. The entire county lies within the 50-mile Emergency Planning Zone around the Hams facility, and part of the county lies within 1 S miles of the plant. The proposed license amendment threatens the County's interest in protecting the health and welfare of its citizens and the integrity of the environment in which they live. The risk of injury to Orange County posed by the proposed license amendment is "distinct and palpable." Kelly v. Selin, 42 F.2d 1501, 1508 (6'" Cir.), cert. denied, 115 S.Ct. 2611 (1995), quoting Warth v. Seldin, 422 U.5.490, SO1(1975). The injury is also directly "traceable" to the proposed license application and can be redressed by a decision denying the application. As discussed in the attached comments on the NRC Staff's proposed determination of no significant hazards, the proposed license amendment would raise the probability of an accident at the plant, create the possibility of a new accident not previously reviewed by the NRC, and reduce the plant's safety margin. If the proposed license amendment is granted, there is an increased risk of an accident in the spent fuel pool or the plant, which could cause a significant radiological release to the environment. See Declazation of Gordon Thompson (p'ebruary 12,1999), which is attached to Orange County's Comments in Opposition to No i Significant Hazards Determination aad Conditional Request for a Stay of Effectiveness (February 12,1999).= 2. Orange County's Interests Fall Within the Zone Protected by the .Atomic Energy Act and the National Eavironmental Policy Act. Orange County seeks a hearing for the purpose of addressing the safety and 2Copies of Orange County's comments and Dr. Thompson's Declaration are attached to this pleading, and are adopted and incorporated by reference in support of Orange County's standing to participate in this proceeding.