About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-208637.2 1 (1988-08-01)

handle is hein.gao/gaobadndu0001 and id is 1 raw text is: The Comptroller General of the United States 2Washington, D.C. 20548 Decision Whether the Nuclear Regulatory Commission May Pay Matterof- Attorneys' Fees and Costs File: B-208637.2 Date: August 1, 1988 DIGESTS 1. Section 502 of the fiscal year 1988 Energy and Water Development Appropriations Act, Pub. L. No. 100-202, 101 Stat. at 1329-129, does not preclude the Nuclear Regulatory Commission (NRC) from using fiscal year 1988 funds to pay a court award of attorneys' fees and expenses under the Equal Access to Justice Act resulting from a party's successful challenge to an NRC rule. The party involved was not an intervenor and section 502 only applies to intervenors. 2. Section 502 of the fiscal year 1988 Energy and Water Development Appropriations Act, Pub. L. No. 100-202, 101 Stat. at 1329-129, does not preclude the Nuclear Regulatory Commission from using prior year appropriations to pay an award for attorneys' fees and expenses under the Equal Access to Justice Act made in fiscal year 1988 to the extent that such appropriations are available. The restriction in section 502, as amended for fiscal year 1988, would only apply to fiscal year 1988 appropriations and not prior year appropriations. 3. For purposes of determining the availability of fiscal year 1987 funds to pay Equal Access to Justice Act awards for attorneys' fees and expenses that, by virtue of the restriction in section 502 of the fiscal year 1988 Energy and Water Development Appropriations Act, Pub. L. No. 100- 202, 101 Stat. 1329-129, could not be paid from fiscal year 1988 funds, the Nuclear Regulatory Commission (NRC) should subtract its total obligations incurred since the effective date of its fiscal year 1987 appropriations act from the amount of the fiscal year 1987 appropriation. If the amount of funds obligated is less than the amount of the 1987 appropriation, the NRC should consider the difference as the Lic

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most