About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-223315,B-223370 1 (1986-09-18)

handle is hein.gao/gaobadtoy0001 and id is 1 raw text is: 

,       Comnptroler (OenerA]                                         -
       of the Vnited State-





         B-223315
         B-223370

         September I8, L986

         The Honorable Slade Gorton
         United States Senate

         Dear Senator Gorton:

         This is in response to your request of September 15 for
         clarification of one aspect of our opinion to you on the
         second nuclear waste repository. Specifically, in commenting
         on the decision by the Secretary of Energy to postpone
         indefinitely activities needed to locate a site for the
         second repository, we said that failure of the Administration
         to meet the deadlines in the Nuclear Waste Policy Act (42
         U.S.C. S 10101 et seq.) would violate the Act, but that the
         Act prescribes no consequences for failure to meet its
         deadlines. B-223315, B223370, September 12, 1986.

         You observed in your letter that an aggrieved party may go to
         court to seek an order requiring compliance with the mandate
         of the Act. As of course you know, and as we noted in our
         opinion, the state of Washington has done just that, asking
         the Ninth Circuit Court of Appeals, pursuant to section 119
         of the Act (42 U.S.C. § 10139), either to order the Depart-
         ment of Energy to meet the statutory deadlines or, in the
         alternative, to enjoin the Department from proceeding further
         with the first repository. We did not intend to imply that
         the courts could not entertain such an action seeking
         prospective relief that would require future compliance witn
         the Act. Rather, we meant only that the Act contains no
         penalties for past noncompliance.

         I trust this will alleviate your concern.

         Sincerely yours,




    ,    Comptrolle General
         of the United States

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:

Already a HeinOnline Subscriber?

profiles profiles most