Orange Co. Appeals Fuel Pool Lawsuit

A three-judge panel heard the case -- Orange County v. U.S. Nuclear Regulatory Commission -- over the potential danger of waste storage pools at Carolina Power & Light Co.'s Shearon Harris Nuclear Power Plant.

Orange County is seeking a full environmental impact study on the potential consequences of these pools.

Diane Curran, attorney for Orange County, said the county appealed to the U.S. Court of Appeals when the NRC refused to grant it a hearing and prepare an environmental impact statement regarding the site.

"The NRC has never prepared an environmental impact statement that looks at the effects of partial drainage," she said. "We're still hoping for our hearing."

She said no decision from the Court of Appeals is expected in the near future.

Curran said there is a concern that if pools are partially drained, nuclear fuel cells could be exposed to air and would burn a radioactive fire.

She said the Nuclear Regulatory Commission argues that the county has not shown how a fire could occur.

Keith Poston, spokesman for CP&L, said the NRC and the Atomic Safety and Licensing Board studied the condition of the pools between 1999 and 2001.

Poston said he expects the panel to reject the county's appeal.

"We think that it is highly unlikely that the court would overthrow a decision that was made with such study and deliberation," he said.

He said that when Shearon Harris first opened, only two of four pools were used. The NRC granted permission to activate the remaining two pools last year, and CP&L started using only one of these pools last July, he said.

He said that the storage units are the industry standard and that the claims of Orange County officials hold no validity. "It's just not a plausible scenario," he said.

Orange County Commissioner Margaret Brown said the dispute over Shearon Harris dates back to 1999, when a Chatham County resident petitioned the Board of Commissioners to investigate plant procedures.

The county filed with the NRC, which refused to access the threat, claiming that the site is safe. Orange County officials hired a scientist who found that the pool storage was a risk, but both CP&L and the NRC hold that procedures are adequate.

Orange County Commissioner Barry Jacobs said that although he is optimistic, he is confident the U.S. government is not concerned about local citizens. "We continue to hope for the best, and based on our experience, expect the worst."

The City Editor can be reached at citydesk@unc.edu.