Agenda - 02-02-1999 - 9e1 - Laserfiche WebLink

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DaQff~ procedures, is accorded a thirty day period in which to make comments to the NRC relative to the NRC staff finding, permit application and approval. For the Harris application, the comment deadline is February 12, 1999. The NRC's process for providing comment relative to permit and permit modification applications is complex and appears to be designed to inhibit or preclude public participation in its review and approval process. The public input process requires that any concerned party submit comments or contentions to the NRC as to perceived inadequacies in the NRC staff finding, permit application or activity being permitted. The NRC staff reviews both the contentions and the credentials or particulazs of the party making the contentions. If the staff deems that the contentions may have validity and that the party making the contentions has a legitimate or valid claim to being affected by the permitted activity, that party is deemed to have the "standing" necessary to participate or intervene in the application comment and review process. The fact that a party is deemed to have standing and has submitted valid or potentially valid contentions does not necessarily mean that the permit applicant will have to abandon or modify its plan. The NRC may ultimately require that the applicant submit additional information or it may deem that the contentions aze, in the final analysis, invalid. The NRC can and does issue permits over the objections of all parties deemed to have standing. Those parties may then appeal the NRC decision in the federal judicial system. It does appear, however, that any parry having concerns about or objections to the activity being permitted must get or have attempted to acquire standing before the NRC to preserve or establish its right to appeal NRC decisions. If Orange County wishes to intervene in the permitting process by establishing standing before the NRC or preserve its right to a judicial appeal of an NRC decision regazding the CP&L permit application, it must act immediately. The County must fund and acquire the technical and legal assistance to evaluate CP&L's proposal and permit application and to file the documents necessary to make contentions and establish standing with the NRC. The estimated cost of these consulting and legal services ranges between $12,000 and $18,000. While it may ultimately be possible to convince other concerned local jurisdictions to fund a portion of these costs, the comment period time frame is too short to allow for the necessary intergovernmental consultations and legislative action and still complete the consulting work. RECOMMENDATION: As the Board decides.