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B-92288 1 (1980-01-25)

handle is hein.gao/gaobadjbe0001 and id is 1 raw text is: /7/Cl THE COMPTROLLER GENERAL DECISION OF THE UNITEO STATES WASHINGTON, D.C. 20548 L T09 FILE: B-92288 DATE: January 25, 1980 MATTER OF: Financial Assistance to Intervenors in Proceedings of Nuclear Regulatory Commission k7C0 7 DIGEST: 1. Nuclear Regulatory Commission may use ap- propriated funds to provide financial as- sistance to intervenors in its proceedings if it determines that participation of party can reasonably be expected to contribute substantially to a full and fair determina- tion of the issues before it, and if inter- venor is indigent or otherwise unable to finance its own participation. 2. Nuclear Regulatory Commission may use fiscal year 1980 funds to provide financial assist- ance to intervenors in its proceedings despite appropriation committee statement that no funds are being provided for this purpose. Limitations on spending contained in com- mittee reports are not binding on agency un- less expressly stated in appropriation act. The General Counsel of the Nuclear Regulatory Commission has requested -our views on the-- Coi-ssion's authority to provide finan- cial assistance to participants in its proceedings. Specifically, the General Counsel asks first whether the Commission may use ap- propriated funds to assist intervenors in certain of its proceedings when the Congress has neither expressly approved nor prohibited such assistance by law. Second, he asks whether there are circumstances under which the Commission may use fiscal year 1980 funds to assist intervenors although the Committee on Appropriations of the House of Representatives has indicated in its report that the appropriation act for 1980 does not contain funds for intervenors. For the reasons indicated below it is our opinion that the Nu- clear Regulatory Commission may legally expend appropriated funds to assist intervenors in its proceedings if it wishes to do so and that it may legally use fiscal year 1980 funds for this purpose despite the language in the appropriitions committee report. -1- 197 _

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