ML20043F112
| ML20043F112 | |
| Person / Time | |
|---|---|
| Issue date: | 03/23/1990 |
| From: | Carr NRC COMMISSION (OCM) |
| To: | Bevill HOUSE OF REP., APPROPRIATIONS |
| References | |
| BEVILL-900323, CCS, NUDOCS 9006140170 | |
| Download: ML20043F112 (2) | |
Text
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3" 900/R$.
MR.-BEYlLL:
Describe the difficulties that the t;RC has experienced with regard to the prohibition against paying the expenses of I
intervenors.
1 CHAIRMAN CARR:
Every NRC Appropriations Act from 1981 to the present has prohibited the NRC f rom using appropriated funds to pay intervenors in NRC regulatory or i
adjudicatory proceedings.
This prohibition precludes the NRC from paying intervenors attorneys fees for the work performed in NRC proceedings.
BPIv.NRC,793F.2d1366(D.C.Cir.1986). The prohibition does not, however, prohibit a Court from awarding Equal Access to Justice Act (EAJA) attorneys fees to a party who prevails _in judicial litigation attacking an NRC regulatory or adjudicatory decision.
Electrical District No. I v. FERC, 813 F.2d 1246 (D.C. Cir. 1987), interpreting a similar appropriations restriction applicable to FERC.-
Since the beginning of 1988 the NRC has paid approximately $115,000 in EAJA attorneys fees to four parties who prevailed in court litigation against the Agency.
First, the D.C. Circuit awarded more than $60,000 to the Union of Concerned Scientists (UCS) for its victory in the first challenge to the Commission's backfitting rule, notwithstanding our vigorous argument that UCS was not entitled to any fees. A bitterly divided en banc Court of Appeals refused to disturb the panel's 2-1 decision awarding fees to UCS.
Second, the agency settled a $55,000 EAJA attorneys fee claim by the Sierra Club for $40,000. This claim involved attorneys fees incurred during the Sierra Club's successful Ninth Circuit attack on the Commission's refusal to allow it to litigate in a license amendment proceeding the possibility of a zircaloy fire at the Diablo Canyon spent fuel pools.
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Question 48/Bevill/0GC PDC 3/23/90
MR.MEVILL (Centinued) 2'.
Third, the agency reached a $12,000 seWement in August 1989 on an EAJA claim of about $29,500 by Limerick Ecology Actior., which challenged the NRC's grant of an operating license of the Limerick Nuclear Power Generating Station.
This claim involved attorneys fees and costs incurred during Limerick Ecology Action's successful Third Circuit attack on the Comission's decision against considering severe accident mitigation design alternatives under the National-Environmental Policy Act of 1969.
Fourth, the Third Circuit awarded in January 1990 some $3,571.20 in attorneys fees and $166.15 in costs to the legal aid attorney representing the Graterford inmates challenging the operating license granted the Limerick Nuclear Power Generating Station. Petitioner originally asked the Court to award him $26,400 in attorneys fees and $830.73 in litigation costs. The inmates successfully challenged an agency decision that emergency response training to bus drivers
.must be offered but need not actually be received.
We expect to continue to have to face EAJA attorney fee claims whenever an intervenor successfully attacks an NRC decision in court. Whenever we feel that no fees are warranted under applicable EAJA principles we will strongly advance our position before the court.
Question 48/Bevill/0GC 3/23/90
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