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B-208637 1 (1983-09-29)

handle is hein.gao/gaobadliw0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OECISION *OF THE UINITED STATESq WASHINGTON. D.C. 20548 FILE: B-208637 DATE: SEptember 29, 1983 MATTER OF: Availability of funds for payment of intervenor attorney fees-Nuclear Regulatory Commission DIGEST: 1. Section 502 of Nuclear Regulatory Commission fiscal year 1982 appropriation act, which prohibits use of funds to pay the expenses of, or otherwise compen- sate intervenors, prohibits NRC from using 1982 funds to pay Equal Access to Justice Act awards to intervenors, to the extent the underlying proceed- ings were funded under the 1982 appropriation act. However, 1982 appropriation is available to pay award for fees and expenses incurred incident to that portion of a proceeding funded by a prior year's appropriation not subject to section 502. 2. Under section. 203 of Equal Access to Justice Act (5 U.S.C. § 504) which authorizes agencies to award attorney fees and expenses to prevailing party upon final resolution of adversary adjudication, the obligation for purposes of 31 U.S.C. S 1501(a) arises when the agency makes the award, that is, when the adjudicative officer renders his decision in response to prevailing party's fee application. 3. Section 207 of Equal Access to Justice Act (EAJA) (5 U.S.C. § 504 note) prohibits use of permanent judgment appropriation established by 31 U.S.C. S 1304 as alternative source of funds for payment of awards newly authorized by EAJA unless and until Congress makes a specific appropriation for that purpose. This responds to a request by the General Counsel of the Nuclear Regulatory Commission (NRC) for answers to a number of ques- tions concerning the availability of appropriated funds for the pay- ment of awards under the Equal Access to Justice Act (Act) to intervenors in NRC adversary adjudications. Most of the questions center around the issue of whether the NRC may pay such awards in light of section 502 of the agency's fiscal year 1982 appropriation act, the Energy and Water Development Appropriation Act, 1982, Public Law 97-88 (95 Stat. 1135 (1981)). Below, we have stated each question and our answer to it. However, before addressing the specific questions, we believe that a brief discussion of the Act's applicability to intervenors may be helpful. *i46~c?

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