ML19338C198

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Requests Opinion Re Special Proceeding Settlement Proposal Concerning NRC Authority to Reimburse Max $1,000 Incurred During Special Proceeding
ML19338C198
Person / Time
Site: Midland
Issue date: 08/30/1978
From: Hendrie J
NRC COMMISSION (OCM)
To: Staats E
GENERAL ACCOUNTING OFFICE
Shared Package
ML19338C191 List:
References
ISSUANCES-SP, NUDOCS 8008050646
Download: ML19338C198 (1)


Text

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, NUCLEAR REGULATORY COMMWSION F9.bUIIb'II'0g;3 g

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August 30, 1978 v

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The Honorable Elmer B. Staats 2

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Dear General Staats:

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The Nuclear Regulatory Comission has received a request, accompanying 1

a proposal for Comission approval of a settlement of a special proceeding, that the Comission seek an opinion from the Comptroller General with respect to the following question:

In connection with the tennination and settlement of a special proceeding brought to investigate charges against a private attorney and NRC staff attorneys, which termir.a-tion and settlement results in a withdrawal and striking of all charges.against all such attorneys, does the NRC have authority to reimburse a maximum of $1,000 in actual out-of-pocket expenses incurred on behalf of the private attorney in connection with such. proceeding, when the NRC has paid all fees and expenses of the staff attorneys in l

connection with such proceeding, and the NRC believes that the withdrawal, settlement and termination of the proceed-ing is in the public interest?

The Comission hereby requests such an opinion.

Should you wish additional information, please call James L. Kelley, Acting General Counsel, at 634-3288.

Sincerely,'

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Joseph M. Hendrie Chairman

Enclosures:

1. Hendrie letter to V. B. Deale, Chairman Special Board, Midland proceedi,ng, Jan. 30, 1978
2. Deale letter to ilendrie, Mar. 21,1978,w/en$1.

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3. Hendrie letter to Deale, Apr. 28, 1978
4. Deale letter to Hendrie, June 1,1978, w/ encl.

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