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

B-92288 1 (1976-02-19)

handle is hein.gao/gaobaddfy0001 and id is 1 raw text is: FILE -THE CONIPTADQ._&ER GENERAL La iS ID ON)OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: DATE: FEB 1 976 B-92288 MATTER OF: Costs of intervention--Nuclear Regulatory Commission DIGEST: American rule explained in Alyeska Pipeline Service Copany v. '.Wilderness Society, 421 U.S. 240 (1975) and other court cases provides that in absence of authorizing statute, neither court nor regulatory comiission may shift litigation costs such as attorneys' fees amnong litigants. Hlowevcr, this rule is inapplicable to situation ccnsidered in B-139703, July 24, 19?2, and current situatioa uhich involve availability of regulatory commission's appropria- tions to proyide financial assistance to those who cannot afford to participate in commission proceed- ings but ;whose participation is determiined by commis- sion to be necessary to full and fair proceedings. The General Cour sel2 of the nuclear Legul atory Cnizsion (NRC) has recquested our decision on the following matter: The Nuclear Rngulatorv CoKniaission and its r)redecessor, the Atomic Enery on::ission, have received several petitions from intervanor groups seeking financial assistance to pay the fees of a-torneys and technical experts, and for related expenses of participants in nuclear licensing and rulenaking pro cdings. The ABC recognized that those petitions raised a qustion of its statutory authority and, beyond that, broad and complex policy issues. The purpose of this letter is to request your advice whether the nclear Regulatory Co;-eC:Lssion posses::es the legal authority to provide financial assistance to carticipants in its adjudicia- tory and/or ruleIaking proceedings and, if so, under what 10mitations.' He advises that the Atomaic Energy Corrission, the NRC' s predeces- sor agency, in its November 20, 1974 Consuners Power Contany

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