sou · GRB3128 · 2004-01-01 00:00:00 — Translation services, except for the translation of major docu- ments associated with the environmental assessment review, which will be translated by the proponent or the panel Other expenses authorized by the Committee during the review of the application. In determining the amount of funding available for an environ- mental assessment, the Agency (CEAA) may give consideration to the following factors: potential environmental effects of the project, including cumu- lative effects size and location of the project, including environmentally sen- sitive areas emerging technologies being applied magnitude of a project participant need for funding opportunities for joint funding in cases where a joint review process is being conducted with one or more jurisdictions thoroughness of the information provided by the proponent on anticipated environ-mental effects lands that are developed or resources that are consumed by the proposal efforts by the proponent to consult with the public and overall funding availability. CEAA stress that Program funding is limited and that not all app- lications will be successful. The Program is intended as a financial contribution for the applicants participation in the environmental assessment of a review panel, and it is not meant to cover all expen- ses incurred throughout the panel review process. Interested part- ies seeking funding for participation in a review panel are encour- aged to investigate other sources of funding from different organi- zations. The CEAA determine the appropriate level of funding that is to be associated with the particular project or hearing and then issues a public notice announcing the availability of funding. The public notice provides the following information: brief description of the project purpose of the participant funding for the review phases for which funding will be made available total amount of funding available and the amount of funds ava- ilable for each phase role of the Committee pre-determined criteria for funding awards how to obtain application forms and information on the Pro- gram. In addition, a news release providing information on the partici- pant funding is distributed to local media, and to interested indi- viduals and organizations through direct . The news release is also made available on the Agency Web site. A Committee, independent of both the panel and the proponent, is established for each environmental assess- ment review panel. , appointed by the Agency, us- ually consists of three individuals, including one Agency represen- tative and at least one non-government member. reviews all funding applications and recommen- ds funding awards, taking into account the total level of participant funding available for the review. The recommendations are for- warded to the President of the Agency, who makes the final dec- ision on the allocation of available funds. All applicants are inform- ed in writing of the funding decisions. then issues a news release announcing the allocation of funds. issues a report from the Comm- ittee within seven days of the announcement of allocation of funds, explaining the reasons for the funding decisions. The report is dis- tributed to all applicants, and also is available in both official lang- uages through the Agencys Web site. The rationale for any varia- tion between the Funding Committees recommendations and the Agencys decision will be provided to the applicants. As Program funds are limited, it is usually the case that some applicants are not awarded funding, or are recommended for an award less than the amount for which they applied. Contribution Agreement - In order to become entitled to any funding, each successful applicant must, for each phase of the panel review, sign the Agency's standard Contribution Agreement. The Contribution Agreement: specifies the responsibilities of each party identifies the nature of the work to be funded specifies conditions for payment requires the recipient to be accountable for the public funds received. A recipient who has not respected the terms and conditions of the Contribution Agreement for receipt of funds for past projects, may not receive funding for any future projects. The same would apply for a recipient that does not respect the Contribution Agree- ment for the first-phase of a project, they would not be eligible for funding for the second-phase of the project including any future projects. Under the Contribution Agreement, recipients may request an advance payment of up to of their total funding award, based on their work plan and a cash flow forecast for the fiscal year per- iod. The Agreement also requires funding recipients to seek the approval of the Agency before making any modifications to the original budget statements submitted with their applications. The Agreement specifies that the release of the final payment from the Agency is made upon receipt of a final report from the recipient. The final report must include: an itemized statement of costs incurred, with supporting orig- inal invoices and receipts a description of materials produced and participation in the re- view process information on the location of the recipients records, in the event that the Agency needs to consult with the organization in the future. reserves the right to request an audited financial state- ment from the recipient for contributions received through the participant funding program. The Act is reflected in some provincial government activities in . For example, in 2001 the government of and announced that intervenor funding would be made available to any individual or public interest organization that can demonstrate that they lack sufficient funding to make a meaningful presentation; and that they will provide meaningful comment that would contribute to the merit of the public review pro- cess. (Government of and 2001). This was in association with the , which dealt with offshore exploration. The government said that the amount of individual grants will depend on the nature and number of eligible applications received. The amount of funding to be allocated to each individual or group will depend upon the number of successful applications. This may res- ult in some applicants receiving less than they requested. Total program funding was expected to reach C$100,000. Based on previous intervenor funding programs for offshore develop- ments, grants were expected to range in the order of ,000-$5,000. Funding decisions were made by a funding review committee as laid down in the CEAA. The provincial government of had enacted the Inter- venor Act in the 1980s under which citizens gro- ups received funding from project proponents (not the government) to retain independent experts to scrutinize the pro- jects environmental impacts. In 1996, however, the government allowed the Act to expire [1999]. This Act was considered innovative at the time, in that it was proponent-funded. According to (2002), what this legislation did was provide intervenors with a right to funding awarded in advance of a hearing before one of the named tribunals, with the funding provided by a pro- ponent who had been named by a funding panel as a funding pro- ponent. The essential elements of the funding scheme were as follows: Upon receipt of an application for approval requiring a public hearing to be held before one of the three tribunals designated under the IFPA, the tribunal issues a Notice of Hearing containing, inter alia, a state- ment that an intervenor may apply to fund- ing and advising potential intervenors of where and when they can submit applications for status as an intervenor. When the Board receives applications for intervenor funding, the Board shall appoint an intervenor-funding panel for a hearing before that Board. The members of the funding panel shall not be members of the panel hearing the merits of the application before it. The funding panel shall determine, with respect to the hearing for which the Board has appointed it, all issues related to the determination of who are the proponents, funding proponents and [their] eligibility for intervenor funding and the amount of the funding. The legislation specifically provided that the hearing panel could not commence with the hearing itself until the last date for applying for intervenor funding had passed and no applications were received, or until the funding panel for the hearing had advised the Board that all applications for intervenor funding had been decided, if any appli- cations had been received. The proponent whom the funding panel intended to name as a funding proponent had the right to file an objection, and in such case, the legislation obliged the funding panel to hold a hearing to determine whether it would name the proponent as a funding proponent. A fund- ing proponent was entitled to be a party to hearings before the funding panel and with respect to applications for supplementary funding. Despite having well-established and respected legislation regarding the requirements for the preparation of Environmental Impact Assessments for all major projects, in accordance with various EU Directives, in common with other EU member States there is no mandatory funding in the for people or institutions who wish to actually participate in 's (Selling Pers. Comm). There is no formal mechanism in either for funding such groups to take part in any the numerous working groups etc. that have been established to assist in the development of radio- waste management policy or to address local siting issues. The individuals and organisations who participated in the EKRA Commission were in most cases paid expenses to assist with etc. but those involved in the at Wellen- berg specifically refused such payments so as to avoid any allega- tions of bribery (Flueler Pers. Comm). It is not uncommon, apparently, for NAGRA or other bodies to fund studies requested by NGOs etc., but that is the maximum ever provided (McKinley Pers. Comm). At a Federal level, no mechanisms exist to provide funding for in- tervenors in any environ-mental issue (). Le- gal challenges may typically come from environ-mental organ- isations, several of whom are very and have their own staff lawyers (e.g., , ). does pro- vides funding for citizen groups at Superfund sites to hire a tech- nical assistant to provide technical advice, but this is very different from intervenor funding. The boards at some sites have had a technical advisor also, but these are paid for directly by . Some examples exist in individual States of situations where intervenor funding is available for individuals or parties to take part in various legislative or rulemaking hearings, although none of these appear to be directly related to nuclear waste management. For example, in the State of , funds are available for situations as follows (State of 2003): In any commission proceeding in which standards under the Public Utilities Regulatory Policies Act of 1978, Code, Title 16, Section 2601, et seq., are implemented, the com- mission may order the utility to compensate the intervenor for rea- sonable attorney's fees, expert witness fees and other reasonable costs incurred in preparation and advocacy of the intervenor's position whenever the commission finds that: (1)The position of the intervenor is not adequately represented by the Office of the Public Advocate or the Public Utilities Commission staff; (2)The intervenor substantially contributed to the approval, in whole or in part, of a position advocated by the intervenor in the commission proceeding, except that, if no commission advocacy staff is appointed to a proceeding, the intervenor must be likely to contribute substan- tially to the conduct of the commission proceeding and to assist in the resolution of the issues raised in the proceeding; and (3)Participation in the proceeding by the intervenor would impose a significant financial hardship on the intervenor. In any proceeding in which the commission does not implement standards under the Public Utilities Regulatory Policies Act of 1978, Code, Title 16, Section 2601, et seq., the commission may compensate the intervenor for reasonable attorney's fees, expert witness fees and other reasonable costs incurred in prepar- ation and advocacy of the intervenor's position whenever the com- mission finds that requirements of paragraph A, sub-paragraphs (1) to (3), are satisfied. Compensation may be provided from the commiss- ion's regulatory fund and filing fees subject to the commission's deter- mination of the availability of the funds. Determination of eligibility. A determination that an intervenor is eligible for an award of compensation pending the outcome of the pro- ceeding shall be made by the commission at the earliest practicable time in the commission proceeding. The commission may, after notice and hearing, adopt rules as are necessary for the implementation of this section (State of 2003). In the State of , under , there is a process known as Article X for involvement in cer- tain environmental issues. This Schedule has been adopted by the State Public Service Commission and in particular, its . Within the guidelines set out for re- view of the application certification process are details of how an is established and of how potential beneficiaries should apply (NY Public Services Commission 2003). When an applicant submits its Article X application, it must also submit a fee of ,000 per megawatt of capacity, up to ,000, for an intervenor fund. The intervenor fund is distributed by the presiding examiner assigned to the case. The examiner awards funds to muni- cipal and other local parties to help defray the expenses of expert wit- nesses and consultants. At least fifty percent of the fund is designated for the use of municipalities and up to fifty percent is designated for the use of other local parties in the case. Prospective intervenors are encouraged to contact staff during the pre-application phase of a case for add- itional information regarding the preparation of a funding award app- lication letter. Detailed requests for funds must be submitted in writ- ing to the presiding examiner not later than 15 days after the date on which the notice of the initial pre-hearing conference is issued. The presiding examiner considers such requests at the initial pre-hearing conference. Subsequent requests may also be entertained depending on the extent of the funds remaining. intervenor funds remaining at the end of a case will be return- ed to the applicant. The following schedule for action for an intervenor applying for funding is taken from the web- site: Time Zero - Applicant requests a meeting with State (NYS) agency staff to discuss Article X requirements for filing of the Preliminary Scoping Statement & Application. Applicant begins its Public Involvement Program by publicly announcing its project, holding public information meetings, and eng- aging in consultation with municipal and regulatory agencies and other interested groups. Stakeholders can request that they be placed on the applicant's pro- ject list to receive project updates and notices of public involv- ement activities. holds a public information for- um to explain the Article X process and encourage public involvement. 1 - Applicant files a Preliminary Scoping Statement that des- cribes the project, potential environmental impacts, and studies to ev- aluate those impacts and minimization measure. The public is made aware of the filing through published notices and other outreach efforts. A pre-application phase Administrative judge and a case number are assigned upon the app- licant's filing of its Preliminary Scoping Statement. The Admini- strative responds to citizen correspondence during this phase, as appropriate. Stakeholders can request that they be included in a project service list maintained by . 21 - Comments on the Preliminary Scoping Statement are ser- ved within 21 days of its filing. Applicant serves any replies and comments within one month of the filing of its Preliminary Scoping Statement. - Applicant stipulates with the NYS Departments of , Environmental Conservation, Health, and any interested person(s) the scope of studies to be submitted with the Application. Studies include air, water, ecology, land use, noise, visual, cultural, socio-economic, transportation, etc. 1 - Applicant files its Application and publishes notice. Requests for air and water permits from mental Conservation are submitted as a part of the Article X App- lication. When Application is filed, a President from from are assigned for the duration of the proceeding. They decide administrative and scheduling aspects of the case. 30 - Governor appoints the two ad hoc members to . 45 - Municipalities, residents and non-profit corporations can file for party status with the Presiding Examiner within 45 days of the Application's filing. Party status enables a per-son to submit testimony, cross-examine witnesses, and file briefs. 60 - The Chairman of issues a determination on whether the Application complies with Article X and its imple- menting regulations within 60 days of its filing. Once Application is ruled to be in compliance, the Presiding Exa- miner sets dates for the first pre-hearing conference and public hearing. 75 - Parties may request intervenor funding from the Presiding Examiner for experts and consultants no later than 15 days after the initial pre-hearing conference is notices. 90 - Pre-hearing conference begins and public comment period closes on 's draft air and water permits. Parties participate in evidentiary hearing before Exa- miners 105 - The deadline for Presiding Examiner to award inter- venor funds to municipalities and local parties. 225 - Intervenors and agencies file written testimony. 255 - Ad judicatory hearings begin, and if necessary, continue to day 265. 325 - Examiners make a Recommended Decision based on the record of the hearings. 364 - pres- ents air and water permits to . 365 - make a final decision whether to issue a Certificate of Environmental Compatibility and Public (Certificate) to allow construction. (Unless Applicant waives dead- line, this is done within 12 months from the Chairman's compliance determination.) must make the required finding based upon the entire record to issue a Certificate. , (InteREAM (in Environmen- tal Assessment and Management), ences, ); Pers. Comm. (Battelle Pacific Laboratory); Pers. Comm. 1999; Participant Funding Program: Guide and Application Form for Assessments by Review Panels [Attached] 1999; The Intervenor, Volume 24 No.1 January - 1999 pp. 5–8. Fluehler, (, Chair of Environ- mental Sciences: Natural and Social Science Interface (UNS) ); Pers. Comm. Government of and 2001; Press Release April 19th 2001. Accessed 23rd October 2003 House of Commons, 1997; , presented for 2nd Reading, 2nd Session, 35th Parliament; Available from 2002; THE CITIZEN PARTICIPATION IN ENVIRON- MENTAL DECISION-MAKING: PUTTING THE PEOPLE PICTURE. 19, No. McKinley (Coordinator Translation and Documentation Ser- vices, Nagra, ). State Public Services Commission 2003: GUIDE TO THE CERTIFICATION REVIEW PROCESS FOR MAJOR ELECTRIC GENERATING FACILITIES UNDER AR- TICLE X OF THE STATE PUBLIC SERVICE . Accessed 15th October 2003 2003: Article X Process Perkins, (, Science and Tech- nology, , ); Pers. Comm. 12th October 2003 Selling, (Co-ordinator Radioactive , Ministry of VROM, The Hague, ); Pers. Comm. State of 2003: Office of the Revisor of Statutes, , , . Accessed 15th October 2003 The Canadian Environmental Assessment Act Guide and Application Form for Assessments by Review Panels , 2000 Prepared by the The federal governments Participant Funding Program supports public participation in review panels and mediations conducted under the Canadian Environmental Assessment Act. Funding under this Program is available for projects within only. This guide will be applicable to the funding process for panel reviews only. Purpose of the Participant Funding Program Guiding Principles Who for Funding? How Does the Program Work? Determining the Funding Level Public Notice For more information on the federal governments Participant Funding Program for environ-mental assessment review panels, contact: 200 Sacré Coeur Blvd. Telephone: (819) 997-1000 FAX: (819) 997-4931 PURPOSE OF THE PARTICIPANT FUNDING PROGRAM Funding is made available, under the Participant Funding Program, for projects subject to an environmental assessment by a review panel under the Canadian Environmental Assessment Act (the Act), to facilitate the participation of the public in the assessment. The Program is administered by the Canadian Environmental Assess- ment Agency (the Agency). A limited amount of funding usually is available either for one or both phases of the environmental assess- ment. In the first phase, funding may be awarded to help individ- uals or organizations: prepare for and participate in scoping meetings that may be held to identify issues that should be included in the environ- mental assessment; and/or review the draft guidelines issued by the Agency or review pan- el that outline the issues to be addressed by the project propon- ent in its Environmental Impact Statement. In the second phase of the environmental assessment, funding may be award- ed to help individuals or organizations: review the Environmental Impact Statement submitted by the project proponent; and/or prepare for and participate in public hearings convened by the panel to consider the proposed project. The implementation of the Participant Funding Program is based on the following guiding principles: Accessibility: All eligible parties can apply for funds. Accountability: Funding awards, and the rationale for them, are made public by the Agency; recipients are also accountable for the use of public funds. Fairness and impartiality: Funding decisions are fair and im- partial, and made on the basis of predetermined criteria and the merits of the application; the review panel is not involved in decisions on funding. Efficiency and timeliness: The Program is operated by the Agen- cy in an efficient and timely so as to promote meaning- ful public participation in environmental assessments by review panels; each applicant for funding may enhance the program's efficiency by providing all of the information requested in the application form and by submitting the application form to the Agency as early as possible. Flexibility: The Program is flexible in that it is able to accomm- odate a range of interests and circumstances in a variety of jur- isdictions. WHO FOR FUNDING? legal entity (such as an incorporated public interest organi- zation, an individual, or an individual acting on behalf of an organi- zation) may be eligible for funding providing it meets the following criteria: Applicants must demonstrate an interest in the project's poten- tial environmental effects (which can include potential related effects on health, social, economic or cultural conditions). Applicants must show that a representation of their interest will contribute to the panels investigation of the potential en- vironmental effects of the proposed project. See the application form for details on the information an applicant must provide. Previous recipients of participant funding have inclu- deed local environmental and community interest groups, ratepay- ers associations, womens organizations, Aboriginal groups and in- dividuals. Activities for which funding is sought must not duplicate services, studies or written materials being funded by other public or private sources, including information prepared by or for the panel or pro- ponent. In addition, the applicants general operations and main- tenance expenses are not eligible for funding.