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<br />intervene and did intervene successfully, it would also have to challenge the proposed finding of "No <br />Significant Additional Hazard" to ensure that CP&L not be allowed to initiate re-racking and pool <br />construction activities during the public hearing process. In the event that the work being done by <br />Gordon Thompson does provide the technical basis for intervening in the permitting process, his work <br />will also provide the technical basis for challenging the finding of "No Significant Additional Hazard". <br />However, there would be approximately $1500 in additional legal costs involved in filing and <br />coordinating the documentation for the challenge. The BOCC's currently approved level of funding for <br />technical and legal consulting work does not include any funds to challenge the proposed finding of "No <br />Significant Additional Hazard". All of the work, both technical and legal, for the intervention and the <br />challenge can be accomplished simultaneously. The information for the intervention and the challenge <br />would be ready for review by the BOCC atd its February 9, 1999 deliberation on either proceeding with <br />or terminating the intervention effort. <br />RECOMMENDATION: As the Board decides. Should the Board decide to proceed with the legal <br />work necessary to file a challenge to the proposed fmding of "no significant <br />additional hazard", the Manager recommends that the funding again be <br />provided through the Commissioners' Contingency account. <br />NOTE: The Town of Chapel Hill has determined that it will provide $5000 in funding toward the <br />costs of evaluating and developing the technical and legal basis for intervening in the Shearon <br />Harris permitting process. Durham County has also determined that it will provide $5000 in <br />funding to the process, subject to the positive recommendation of its Environmental Affairs <br />Board. <br />