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HARMON~CURRAN,SPI ~ 19196443004-004 N0. 113 D02 <br />~-a- 99 <br />i°~~` <br />HAaMOIV, GETRRAIV, sic ~ FJS»a, L.L.P. <br />2001 S STREET, N.W. <br />StJITB 430 <br />WASHI1~iGTON, D.C. 20009-1125 <br />~rer.~o~e <br />(202} 325-3;00 <br />FAY <br />(20?) 32$•6918 <br />PRIVILEGED AND CON1P'IDENTIAL <br />ATTORNEY-CLIENT COMMUNICATION <br />AND ATTORNEY WORK PRODUCT <br />February i, 1999 <br />Orange County Poard of Commissioners <br />do Paul Thames, County Engineer <br />919ifi44-30004 <br />SUBIECT: Legat Services Contract for Shearar Harris License Amendment Proceeding <br />Dear Commissioners: <br />I understand that the County has appropriated $b,000 to retain my services for legal <br />representation in the first stages of the Nuclear Regulatory Commission's license amendment <br />proceeding for the proposed expansion of the Shearon Harris spent fi~ pool. In partieetlar, the <br />Coutrty wishes to hire me for the purposes of a Request for Hearing/Fetition to Intervene <br />and a set of cornentions. As further discussed below, I would also urge the County to consider <br />challenging the NRC's "No Significant Hazards" finding. The purpose of this letter is to set forth <br />proposed terms of my representation of the County in these matters. <br />Proceda~t Baelcground of the Case <br />Ln a Federal Register notice issued vn Ianuary 13, 1999, the NRC announced its intention to <br />amend the Shearon Harris license to permit expansion of the spent fuel pool, aYUi offered the <br />public an opportunity to reque~ a hearing by February 1 Z, 1999. The hearing offered in the <br />Federal Register is guaranteed by the federal Atomic Energy Act to airy member of the public. that <br />can show "standing, °' i.e., that he or she maybe adversely affected by the proposed action. In <br />order to become a party to the case, it is necessary to file a Request for Hearing and Petition to <br />Intervene. <br />Ordinarily, the NRC must hold the hearing before the license is issued. However, a provision in <br />the Atomic Energy Act allows the NRC to take the licensing action before the hearing is <br />completed, if it finds the proposed action would pose "no significant hazard," in other words, if it <br />is relatively innocuous. In this case, the NRC has made a preliminary determination that the <br />Shearon I4arris spell fuel pool expansion would pose no significant hazards. The Federal <br />