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B-200585 1 (1980-12-03)

handle is hein.gao/gaobabjdp0001 and id is 1 raw text is: . COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 20548 ITS B-200585 December 3, 1980 The Honorable Mike McCormack . ? Chairman, Subcommittee on Energy Resea o , -- and Production Committee on Science and Technology House of Representatives 7. Dear Mr. Chairman: You have requested our opinion on the jropriety of ttw procedural cost reduction program for intervenors being instituted by trhe Nuclear Regulatory Commissio. This program is designed to ease the economic burden on intervenors in the Commission's adjudicatory proceedings by providing free copies of transcripts and by copying and serving without charge certain of the documents the intervenors need to participate in the proceedings. Under the program the Commission has also reduced from 20 to 2 the number of copies of filings required of all parties. For the reasons indicated below, we conclude that, with the exception of the reduction of required copies, the Commission may not lawfully use its fiscal year 1981 appropriation to implement the cost reduction program. The Commission's adoption of the program was announced in the Federal Register on July 25, 1980, (45 Fed. Reg. 49535). The program was effected by means of three amendments to the Commission's regula- tions relating to adjudicatory licensing proceedings in 10 CFR Part 2. First, Section 2.708(d) of that part was amended by reducing from 20 to 2 the number of copies of pleadings or other documents'that every party to the proceeding is required to file. Second, Section 2.712 was amended by adding a provision that, except in antitrust proceedings, the Commission will copy and serve, at no cost to the party, the party's testimony, proposed findings of fact and con- clusions of law, and responses to discovery requests. This free copying and service is available to all parties to the proceeding except the applicant for the license. Third, Section 2.750 was amended by adding a provision allowing the presiding officer at the proceeding to provide a free transcript of the proceeding to any party, other than the applicant, at the same time that the Commission staff receives its copies.

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