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B-194263 1 (1979-03-22)

handle is hein.gao/gaobabjju0001 and id is 1 raw text is: I ,.k


*

                        COMPTROLLER GECRAL OF THE UHITE STATES
   14, '                         WASIIWCI-TON, D.C. 20348


        E-19423                                         AR 2 2 1979
                                      Do zio, £asko aval ble  to Ptbljo z'


        The Honorable John Melcher
        Unted States Senate

        Dear Senator Mclcher:

           You have as1ked for otur opinion on whetwor the Oft've of Rail Public
        Counel (ORPC) haci statutsrjrthority to 9xpendjpp'oprhded unds-1
        to intervene in ral'rad civl.04W.6 ruptcytcatep, YtgU 9itate that te  4
        ORPCJ has previously filed an tItarvenor brief in Nationa1 Railroad
        Passo'nger Corporation v, United States, Civil Adtiff, o
        crreitly peding lef6e the Court of Appeals for the District of
        Colturcbia, It is presently considering intervening in a Milwaukee
        bankriptcy case now beforc a district court inthe Sevenlth Circuit.

           The tOffice of Rail Public Counsel vas establiisied b the Railroad
        Revitalization and Regulatory, Reform Act ,pf 1976 (4R Act), Pub, L.
        No, 94t,210, (February 5, 1976), § .O4(a), '90 Stat, 31, 51, which added
        a new section 27 to part I of the Interstate Commerce Ac4, Section 27(1)
        designa;ed the ORPC as an independent office affiliated  vith the
        Interstate Commerce Commission (ICC). Section 27(4) p.rescribed the
        duties of the ORPC as follows:
                                                             C
                      In addition to any other duties and respona\ibilities'
           prescribed by law, the Office of Rail Public Counsel--,,

                      (a) shall have standing to become a party to any
                proceeding, formal or informal, which is pending or
                initiated before tle Commission and which involves a
                common carrier by railroad subject to this part;

                       (b) may petition the Commission for the initiation
                of proceedings on any matter within the jurisdiction of the
                Commission which involves a common c&rrier by railroad
                subject to this part;
                         ()may seek judicial review of any'Commission
                 action on any matter involving a common carrier by,
                 railroad subject to this part, to the extent such reviewv
                 i authorized by law for any person and on the same  t
                 basis;

                       (di) shall solicit, study, evaluate, and present
                 before the Commission, in any proceeding, formal or           t
       ,I , iIi

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