The basis for intervention must be brought forth at the public hearing on a draft proposed order, which is issued by the staff after review of the application. If an issue could have reasonably been raised by this time, and it was not, then the issue cannot be part of the contested case or any eventual judicial appeal. Conclusion Fundamental pieces of these administrative processes are similar. The siting decisions are made in all four states by a board or commission, not the long-term professional staff. All of the programs began in the early 1970s.
Public participation is a big part of the review processes.
Procedural rights of affected parties are protected through evidentiary hearings. The core facility requirements are environmental, socio-economic or public health and safety related. All siting approvals bind other state and local decisions to one extent or another. All require an early notification of a proposed facility to gauge public concerns and identify needed information. All four states' reviews embody some notion of protected areas that should be kept from adverse environmental or scenic impact.