Agenda - 01-19-1999 - 9b1 - Laserfiche WebLink

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The NRC's process for providing comment relative to permit and permit modification applications is complex and does not tend to encourage 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 particulars 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 are, in the final analysis, invalid. The NRC can and does issue permits in some cases over the objections of all parties deemed to have standing in those cases. Those parties may then appeal the NRC decision in the federal judicial system. It does appear, however, that any party 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 in the courts. 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 regarding 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 credible contentions and establish standing with the NRC, by the February 12 deadline. The estimated cost of these consulting and legal services ranges between $12,000 and $18,000. Given the tight deadlines, the Board may need to decide at this meeting to acquire legal and technical assistance at County expense while soliciting other concerned local jurisdictions to subsequently fund a portion of these costs. If the consultants are able to complete their analysis by February 2, they could report their findings to the Board at the regular meeting that evening. The Board could then decide based on those findings and discussions with CP &L whether to "intervene" in the permitting process. If the consultants are unable to complete their work by February 2, the Board could then determine its approach to receiving the consultants' findings and making a decision about "intervention" — for example, taking the matter up at the scheduled February 9 work session. RECOMMENDATION: As the Board decides. Should the Board decide to retain legal and technical assistance with this matter, the Manager recommends that funding be provided through the Commissioners' Contingency account.