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B-212529 1 (1984-05-31)

handle is hein.gao/gaobadlst0001 and id is 1 raw text is: TiE COMPTROLLER SENEIAL OKCIION OP THE UNITIO 8TATUE WAGHINGTON, 0.0. 201548 FILE: B-212529 DATE: May 31, 1984 MATTER OF: Nuclear Regulatory Commission-- Reimbursement of Institute for Electrical and Electronics Engineers DIGEST: 1. The Nuclear Regulatory Commission (NRC) is not liable for the expenses the Institute for Electrical and Elec- tronics Engineers (IEEE) incurred in reliance upon the NRC's agreement to promulgate a rule to establish a laboratory accreditation program when the NRC decided later not to promul- gate the rule. The agreement to issue the rule is against public policy and therefore unenforceable. NRC is not liable in contract for a promise which is void. 2. The NRC is not liable under the doctrine of promissory estoppel for the expenses the IEEE incurred in reliance upon the NRC's agreement to promulgate a rule to establish a laboratory accreditation program when the NRC decided later not to promul- gate the rule. A promise is binding under the doctrine only if the pro- misor should have expected that his promise would induce the promisee to take substantial action. It was not reasonable for the NRC, when it agreed to promulgate the rule, to expect the IEEE to make substantial expenditures since, under the Administrative Proce- dure Act, the NRC still had to con- sider the views of interested persons before deciding whether to issue a final rule. 3. NRC cannot reimburse the IEEE on a quantum meruit basis for expenses the IEEE incurred in preparation for a laboratory accreditation program (zqC36

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