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ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: February 2, 1999 <br />Action Agenda <br />Item # <br />SUBJECT: Additional Funding for Process to Determine Whether to Challenge the Nuclear Regulatory <br />Commission Staff s proposed fording of "No Significant Additional Hazard" for Storage <br />of Waste Nuclear Fuel Rods at Shearon Harris Nuclear Power Plant <br />DEPARTMENT: County Manager <br />ATTACHMENT(S): <br />PUBLIC HEARING: Yes x No <br />BUDGET AMENDMENT: Yes x No <br />INFORMATION CONTACT: <br />County Engineer Extension 2303 <br />TELEPHONE NUMBERS: <br />Hillsborough - 732-8181 <br />Durham - 688-7331 <br />Mebane - 227-2031 <br />Chapel Hill - 967-9251/968-4501 <br />PURPOSE: To present for BOCC review and discussion a proposition that the Board authorize the <br />expenditure of an additional $1500 in legal fees to determine whether to challenge the NRC staff's <br />proposed finding of "No Significant Additional Hazard" for CP&L's proposal to expand its high level <br />nuclear waste storage operation for used nuclear fuel rods at the Shearon Harris nuclear power plant. <br />BACKGROUND: CP&L has submitted an application, with accompanying technical documentation, <br />to the Nuclear Regulatory Commission (NRC) as necessary to obtain a modification to the Shearon <br />Harris plant's existing operating permit allowing it to expand its storage capacity for spent nuclear fuels <br />rods by: a) completing construction of two existing but incomplete temporary storage pools for spend <br />fuel rods; and b) re-racking the spent fuels rods into a more densely packed configuration. NRC staff <br />has completed a preliminary review of the documentation submitted and has proposed to make a finding <br />that the CP&L proposal entails "No Significant Additional Hazard" to the level of hazard inherent in <br />CP&L currently permitted operations. Orange County is currently involved in a process to evaluate: 1) <br />CP&L's proposals for expanding its spent fuel rod storage capacity; and 2) the need for the County to <br />formally intervene in the NRC's permitting process. The County has engaged the services of technical <br />and legal consultants to evaluate the CP&L proposals and to prepare documentation for a possible <br />formal intervention in the NRC permitting process. <br />The County's legal consultant, Diane Curran, has advised County staff that the NRC permitting process <br />may allow CP&L to proceed with its proposed expansion and re-racking activities and construction <br />during a public hearing process generated by a successful intervention. If the County did decide to <br />