ML20053B064

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Responds to Budget Review Board 820329 Memo Directing Agencies Not to Respond to Congressional Committee Requests on How Funds in Excess of Presidents Budget Might Be Spent. Commission Cannot Comply,Based on Counsel Advice
ML20053B064
Person / Time
Issue date: 04/27/1982
From: Palladino N
NRC COMMISSION (OCM)
To: John Baker
PRESIDENT OF U.S. & EXECUTIVE OFFICES
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ML20053B063 List:
References
NUDOCS 8205270714
Download: ML20053B064 (1)


Text

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UNITED STATES NUCLEAR REGULATORY COMMISSION n

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WASHINGTON, D. C. 20555

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April 27, 1982 CHAIRMAN J

Mr

. Baker, III Tb

.: view Board Ti, House W

.gton, D.C.

20500

Dear Mr. Baker:

This is in response to the memorandum of the Budget Review Board, dated March 29, 1982, which directs agencies not to respond to Congressional Comittee requests on how funds in excess of the President's budget might be spent.

While the memorandum apparently was intended to apply to this Comission, we have concluded, on the basis of advice of counsel, that we cannot comply with it.

Section 303 of the Atomic Energy Act requires the Commission to keep appropriate Congressional Committees " fully and currently informed" about its activities and furth3r provides that the Commission "shall furnish any information requested" by an appropriate committee.

Thus, while we understand the considerations which prompted the memorandum, it appears that our implementation of it would violate the Atomic Energy Act.

It should also be noted that, in the case of this Commission and other collegial bodies, much of the budgetary information in questicn will already be public by virtue of the recent holding of the Court of Appeals for the District of Columbia Circuit in Common Cause v. NRC.

Although the Commission sought to appeal that case in order to preserve the confidentiality of its and the President's budget deliberations, to our disappointment that request was denied by the Solicitor General and in fact was not supported by the Offica of Management and Budget.

Sincerely,

,,g 94n[' ; blAaC Nunzio J. Palladino l

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