HomeMy WebLinkAboutAgenda - 03-16-1999 - 9i%/~oL I~
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 16, 1999
Action Agenda ,
Item # ~L
SUBJECT: Allocating additional funding for Shearon Harris permit intervention activities and
related public information activities
DEPARTMENT: County Manager
PUBLIC HEARING: Yes No
ATTACHMENT(S):
County Engineer's 3/3/99 memorandum
County Engineer's 3/16/99 memorandum
BUDGET AMENDMENT: Yes No
INFORMATION CONTACT:
County Engineer Extension 2303
TELEPHONE NUMBERS:
Hillsborough - 732-8181
Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 967-9251/968-4501
PURPOSE: To provide information to the BOCC about the need to allocate additional funding.
to cover the costs of the consulting and legal fees and expenses associated with the
County's formal intervention into the permitting of Shearon Harris spent nuclear fuel
storage expansion and related County-sponsored public information activities and to
recommend that the BOCC allocate the necessary funds.
BACKGROUND: To date, the BOCC has allocated $19,500 to pay the consulting and legal fees and
expenses related to the County's efforts to formally intervene in the permitting
process for CP&L's proposal to increase Shearon Harris' storage capacity for spent
nuclear fuel. An additional $12,000 to support the County's effort has been
promised (but not yet actually provided) by Durham County ($5000) and the Towns
of Carrboro ($2000) and Chapel Hill ($5000). Thus the funds allocated to the
intervention effort to this point total $31,500.
Approximately $25,000 in consulting and legal fees and expenses have been either
incurred, expended or committed (+/- $16,000 to Gordon Thompson and +/- $9,000
to Diane Curran) for: 1) developing and filing the intervention petition and
challenge to the NRC staff's proposed fmding of "no significant additional
hazards"; 2) developing the legal documentation for the pre-hearing conference;
3) Dr. Thompson's affidavit challenging the proposed finding of "no significant
additional hazards"; 4) Dr. Thompson's presentation to the BOCC during its
deliberation on intervention; 5) Dr. Thompson's formal report on the hazards and
alternatives to CP&L's spent fuel storage expansion proposal; and 6) related travel,
lodging, phone, etc., expenses. It is estimated that, to get through the pre-hearing
conference (which is the next or upcoming step in the intervention process), the
County will incur approximately $6000 in additional consulting fees and expenses
related to Dr. Thompson's assistance in preparing contentions and providing expert
testimony. The estimated total cost for the intervention effort, through the pre-
hearing conference, is $31,000.
It has also been suggested that the County host a public information meeting on
Apri17`~ at the Chapel Hill Town Council meeting room. This meeting, which
would be video taped for cable broadcast, would feature Dr. Thompson making a
public presentation of his report and with additional comment and information
presented by David Lochbaum, a prominent nuclear safety engineer with the Union
of Concern Scientists. It is estimated that the County would incur another $4000 in
fees to Dr. Thompson (David Lockbaum would reportedly appeaz on a pro bono
basis) and travel and lodging expenses for Thompson and Lockbaum.
If the BOCC determines that County will proceed through at least the pre-
conference hearing and will hold a public information meeting, the total cost will be
approximately $35,000. The BOCC will have to allocate at least an additional
$3500 to have a public information meeting and to complete the pre-hearing
process. It is at this point where the NRC makes its determination that: a) the
County does or does not have standing; b) does or does not have valid contentions;
and c) a public hearing will or will not be held. The BOCC will then have to
determine if it wishes to proceed with the public. hearing process, appeal the NRC
decision or drop the entire issue The cost of proceeding with the intervention
through the hearing process is estimated to be an additional $51,000 in consulting
and legal fees and expenses. The total of all costs through the NRC's public
hearing process and including the April 7`~ public meeting is estimated to be
approximately $86,000.
RECOMMENDATION: The administration recommends that the BOCC agree to hold a public
information meeting and agree to allocate an additional $5000 ($3500 to
cover actual projected costs with an additional $1500 for contingencies) to
the intervention and public information process.
MEMORANDUM
TO: County Commissioners
COPIES: John Link, County Manager
Geoff Gledhill, County Attorney
David Stanch, Director, OCERCD
FROM: Paul Thames, PE, County Engineer
DATE: March 16, 1999
SUBJECT: Public meeting to present Gordon Thompson report and other Shearon Harris issues
It has been suggested that Orange County hold a public information meeting on Apri17~', specifically
for the purposes of having a public presentation of the Thompson report and to make public other issues
related to the permitting of expanded waste fuel storage capacity at Shearon Harris. It has been
proposed that this meeting have expert presentations by Dr. Thompson and by David Lochbaum, a
nucleaz safety engineer with the Union of Concerned Scientists. The Chapel Hill Town Council meeting
room and facilities would be available for the meeting and for video taping the meeting for cable
broadcast. It is assumed that elected officials from other local jurisdictions would be formally invited to
attend and participate.
As of this date, approximately $25,000 in consultant and legal fees and related expenses have been either
incurred, expended or committed for the Sheazon Harris permitting intervention process. It is estimated
that the County will incur another $6000 (estimated) in consulting fees and expenses for Gordon
Thompson's work with Diane Curran to prepaze the contentions and related expert testimony which will
be presented at the pre-hearing conference. This total expenditure of $31,000 (estimated) should be
sufficient to carry the County through the pre-hearing conference phase of the intervention process. It is
probable that the proposed Apri17"' meeting will involve the expenditure of an additional $4000 in
consulting fees, travel expenses, etc. It is assumed that current funds allocated to the intervention
process total $31,500 ($19,500 from Orange County, $5000 from Durham County, $5000 from Chapel
Hill and $2000 from Carrboro), although no funds other than those allocated by Orange County aze
actually in hand. The BOCC will have to allocate additional funds (approximately $3500) to pay for the
expenses that would be incurred through the pre-hearing conference with the inclusion of the additional
costs associated with a public information meeting.
If I may provide additional information, please advise.
MEMORANDUM
TO: County Commissioners
John Link, County Manager
FROM: Paul Thames, PE, County Engineer
DATE: Mazch 3, 1999
SUBJECT: Update on Sheazon Harris issues
Attached, please fmd the following materials:
• The Gordon Thompson report entitled "Risks and Alternative Options Associated with Spent Fuel
Storage at the Shearon Harris Nucleaz Power Plant
• The Nuclear Regulatory Commission's (NRC) 2/24/99 order establishing a licensing board and
scheduling apre-hearing conference
• CP&L's 3/1/99 formal reply to Orange County's petition to intervene
• A detailed breakdown of legal and consulting costs for the NRC intervention, hearing and appeals
process
As of Wednesday, February 24th, the NRC has issued an order establishing a Licensing Board and
setting apre-hearing conference, tentatively scheduled for May 10`~ at the NRC's Rockville, Maryland
office. The Licensing Boazd will hear presentations/arguments from the attorneys of both the County
and CP&L on the County's contentions and standing. The purpose of this conference is to determine if
the public hearing process will proceed. The County's legal consultant, Diane Curran, suggests -that we
petition the NRC to relocate the hearing to a facility in this area. County staff are in the process of
finding several alternative meeting locations (as per Ms. Curran's suggestion) that can handle such a
hearing during normal business hours. Ms. Curran will submit the petition to have the pre-hearing
conference located in or near Orange County, if that is the Board's pleasure, this week. Having the
hearing in or neaz Orange County does incur additional transportation and lodging expense for Ms.
Curran.
As of Monday, March 1, CP&L has filed its formal response to Orange County's petition to intervene.
It appeazs that CP&L has again chosen not to participate willingly in an open public heazing process as it
has requested that the NRC deny Orange County's request for public hearings. Specifically, CP&L and
its attorneys have requested that the NRC find that Orange County lacks the standing to intervene in the
permitting process because: a) the contentions developed by the County's consultant aze not sufficiently
specific or have already been deemed insignificant by the NRC in similar cases and thus not admissible;
and b) neither Orange County nor those citizens it represents have been shown to have suffered any
injury as a result of the proposed fuel storage activities, nor will they suffer any such injury. A copy of
CP&L's response is attached.
The Gordon Thompson report arrived in County offices late this afternoon. It has not been reviewed or
analyzed by staff at this time.
The County now has estimates furnished by Diane Curran and Gordon Thompson as to the probable or
potential costs for their services and expenses relative to various stages of pursuing the Shearon Harris
permit through the NRC and judicial process. A general synopsis of the cost breakdown is as follows:
• to date, approximately $25,500 has been expended or committed to the portion of the process
involving the initial challenge to the proposed "finding of no significant hazard" and intervention
pre-hearing conference process
• the additional cost, in terms of consultant fees, travel and lodging, for having Gordon Thompson
come to Orange County to present his report will be approximately $3000, for a total cost of
$28,500;
• the cost of proceeding through the entire NRC hearing process will approximately $55,500 for a total
of cost of $84,000
• the cost of appealing license and "no significant hazards" rulings all the way through the US Court
of Appeals will be approximately $26,500 for a grand total cost of $110,500.
Please be advised that these cost estimates are somewhat "soft", in that they are based on an average cost
for an average permitting process. If CP&L so desires, it can extend the length of the process, and thus
the cost, by means of initiating extensive discovery, motion, deposition and testimony phases of the
hearing process.
If I may provide any additional information or clarification, please advise.
.'
Stea or Process Diane Curran Gordon Thomason
1. Petition to intervene
a. Request for hearing, petition $ 2500* N/A
b. Contentions, pre-hearing conference $ 3500* $ 4500
c. Travel, lodging, miscellaneous $ 2000* $ 1500*
d. Intervention presentation to BOCC N/A $ 1000*
e. Consultant's report N/A $ 12,000*
f. Presentation of report to BOCC N/A $ 2000
~. Travel, lodeine etc for report presentation N/A $ 1000
Subtotal-committed $ 8000* $14,500*
Subtotal-all $ 8000 $ 22,000
2. "No significant hazard" challange
a. preparation of filing documentation $ 1500* N/A
b. consultant's affidavit N/A $ 1500*
Subtotal-committed $ 1500* $ 1500*
Subtotal-all $ 1500 $ 1500
3. NRC Hearing Process
a. Discovery $ 4500 $ 4000
b. Motions $ 1500 N/A
c. Prepare testimony & briefs $ 6000 $ 13,000
d. Prepare proposed findings $ 3000 N/A
e. Travel, lodging, miscellaneous $ 7000 $ 2000
f. Deposition fees $ 5000 N/A
~. Miscellaneous consultine fees N/A $ 5000
Subtotal-committed N/A N/A
Subtotal-all $ 27,000 $ 24,000
4. Appeal of license decision
a. AppeaUstay motion to NRC Commissioners $ 6000 N/A
b. AppeaUstay motion to US Court of Appeals $ 6000 N/A
c. Travel, lodein~, miscellaneous $ 2000 N/A
Subtotal-committed N/A N/A
Subtotal-all $14,000 N/A
5. "No significant hazards" appeal
a. Appeal to NRC Commissioners $ 3000 N/A
b. AppeaUstay motion to US Court of Appeals $ 7500 N/A
c. Travel, lod~in~, miscellaneous $ 2000 N/A
Subtotal-committed N/A N/A
Subtotal-all $12,500 N/A
Total-Committed $ 9500* $16,000
Total-All $ 68,000 $ 47,500