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Advice to Nigel Highfell

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Enquiry

From
Nigel Highfell
Date advice given
13 June 2014
Enquiry type
Email

Late representation received after the close of the Relevant Representations period for the Progress Power Station.

Advice given

Thank-you for submitting a representation to us. As you mentioned in your representation, you had unfortunately, missed the deadline to submit a ?relevant representation? and register as an interested party for the Project. The deadline was 5pm on 6 June and we are unable to extend the registration period.

We will keep your submission on file and make it available to the Examining Authority (ExA), which will be appointed shortly.

Although the information you supplied was received after the deadline, the ExA is able to exercise its discretion to consider your evidence. This does not mean that you will be regarded as an ?interested party? ? a legal status allowing one to speak at hearings and submit written evidence - instead, if your representation is accepted, you will have the status of an ?other person?.

As an ?other person? the ExA has the power to invite you and any other persons they consider it to be appropriate to the preliminary meeting ? a procedural meeting to discuss the timetable of the six month examination ? not the merits of the project. Any person who is invited to the preliminary meeting in this way will also be sent, for information purposes, the Rule 8 letter, confirming the final examination timetable: detailing dates to submit written evidence, responses to questions posed by the ExA and dates of hearings such as open-floor hearings. The timetable will of course include, and any amendments made to it following the preliminary meeting.

The ?other person? status does not give you an automatic right to make representations during the course of the examination, as you do not have the status of an interested party. You can, however, make written representations to the ExA in accordance to the deadlines set out in the Rule 8 letter or request an opportunity to speak at a hearing as the ExA has the discretion to allow such representations, either written or oral, to be made as part of the examination.