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127878 1 (1985-09-05)

handle is hein.gao/gaobactnh0001 and id is 1 raw text is: 

                 SUMMARY OF GAO LEGAL POSITION


127878


      GAO and Energy disagree over  the interpretation of the

 statute authorizing the Residential Conservation Service

 Program.  The National Energy Conservation Policy Act  spe-

 cifically provides that the program announcement duties

 prescribed were to terminate on January  1, 1985, but it con-

 tains no termination date(s) for the other  aspects of the

 RCS program.



      Energy asserts that the RCS Program expired  shortly

 after January 1, 1985, the date at which the program

 announcement requirement expired.



      GAO believes that the statute  is clear on its face and

 provides nn termination date for the PCS Program.  Accord-

 ingly, the permanence of the Program is presumed under gen-

 eral principles.  Moreover, GAO acknowledges that the RCS

 statute should be interpreted in light of other related

 statutes, particularly those complementary statutes contem-

 poraneously enacted, as Energy suggests.  However, in this

 instance, none of the statutes relied on by Energy or their

 legislative histories require or strongly suggest the ter-

 mLna±tn   E tne PCS program at any particular time.  In

 addition, Energy has not consistently taken the position

 that the RCS Program expires shortly after January 1, 1985.

 Rather, over time, Energy's position has been contradictory

 or, at best, ambiguous.

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