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B-178205.80 1 (1976-03-16)

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  80-179205.g,


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COMPTROLLER GENERAL OP THE UNITED STATES
         WASHINGTON, D.C. -0648


                  MAR 16 1976


Le K~en IRechler, Chairmian


Subcommittee  on Energy Research,
   Development  and Demonstration
Committee  on Science and Technology
pouse  of Representatives

pear Mr. Chairman:


     This  is in response to your letter of  February 9, 1976,
reouestinq our views  on subsection 17(g)(2)  of Mi.A. 3474 with
reqard to the  disposition of nonnuclear demonstration  plants
acquired by the  Energy Research and Development  Administration
(pIDA) as a  result of a default on a loan  guarantee.by the
borrower managing  the demonstration plant.   Subsection 17(g)(2)
provides that:
             (2) If the Administrator makes  a payment
         under  paragraph (1) of this  subsection or
         section  202(b) of the Geothermal Energy
         Research,  Development, and Demonstration
         Act  of 1974 (30 U.S.C. 1142)  (b)) the
         Administrator  shall be subrogated  to the
         rights  of the recipient of such  payment as
         specified  in the guarantee or  related
         agreements  including, where  appropriate,
         the  authority (notwithstanding  any other
         provision  of law) to complete, maintain,
         operate,  lease, or otherwise dispose  of
         any  property acquired pursuant  to such
         guarantee  or related agreements,  or to
         permit  the borrower, pursuant  to an agree-
         ment  with the Administrator,  to continue
         to  pursue the purposes of the  comercial
         demonstration  facility  if the Administrator
         determines  that this is  in the public
         interest.   (Emphasis added.)

     e   recognize that arrangements may  be made under the
above provision  in which the Government would  not acquire
the  right to dispose of property upon  default.  in these

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