ML20095G781

Requests Response Re Resolution of 820604 Application for Fees & Expenses Under Equal Access to Justice Act.Payment Clearly Authorized by 5USC504(d)(1).No Issue Exists to Commission Granting Petition.Related Correspondence

ML20095G781
Person / Time
Site:	Bailly
Issue date:	08/22/1984
From:	Whicher J BUSINESS & PROFESSIONAL PEOPLE FOR THE PUBLIC INTERES, WHICHER, J.M.
To:	Crane P NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
OL, NUDOCS 8408280194
Download: ML20095G781 (2)

Text

-

~

%3mosnm i

'& "fo RELATED Cv~

3 j BPI J Business and Professional People for the Public Interest

('d" 109 North

Dearborn Street,

Suite 1300

• Chicago, Illinois 60602

• Telephone: (312) 641-5570 y m eren U3hitc August 22, 1984 64 MD 27 my og Mr. Peter Crane United States Nuclear Regulatory Commission IbhtNJah BRANCH Office of the Ceneral Counsel Washington D. C. 20555 Re: Northern Indiana Public Service Company (Bailly Unit 1) o k Docket No. 50-367 (fee petition)

Dear Peter:

As you know, BPI filed an application for fees and expenses under the Equal Access to Justice Act on June 4, 1982, well over two years ago. I was informed that the Commission was waiting to act on that petition until receipt of advice by the Comptroller Ceneral of the United States. That advice was received by you nearly one year ago, on September 29, 1983.

While I have written the NRC a number of times in the past two years asking for resolution of our petition, no such resolution has been forthcoming. Our last contact was a tele-phone call from Beverly Segal in early March stating that she was unclear whether there was a way for the NRC to make payment.

We believe payment is clearly authorized by 5 USC 5504(d)(1), and that there ought to be no issue in this regard.

Accordingly, there ought to be no impediment to the Commission's grant of our petition.

There comes a time when an agency's failure to act becomes an act in itself, and, in our view, reasonable time has long since passed for the NRC to take action on this matter.

8408280194 840822

PDR ADOCK 05000367 0 PDR

( 'T3-,

~ ~ ~ _'="."..t: "'::'

tre.',

5't.c r. J.. "

2:!:r,=.

= l =' .,

1=:=....

~ ~ ~ ~ -

,,, o., .

~~~~a ~--

l:1,,* ", M'eL"*' V;;,T;::,'"" i':"L".***'"* *2". *ce**" n:k.T'.% . -,

TL';;.,,,, Ir,L"rk.,,,,, 5:M*=" 0.l; a."c;'A,,.. ***~~ '

c,.... a. . i, 0;;"8Jr".

=TJr. n"a=;," =WL, giggyg,; iL*"J2""*"

, , , ' . , " * . - . in,'?a!:.'" %T.'."#0% Mi!" 1,5*.,r'

~~~' '=f'!L., im2;*,'" 0,'er";"

( J p0S

~ ~& .:

Mr.-Peter Crane United States Nuclear Regulatory Commission ,

August.22, 1984 Page Two Would you please contact me concerning how we can most expeditiously bring this matter to a resolution?

Very truly yours, ,

JMW/lds

- & s(. uneW Jane M. Whiche cc/ Herbert Grossman, Esq.

Dr. Robert L. Holton Dr. Kenneth McCollum Ms. Ann Hodgen Mr. Maurice Axelrad William P. Schultz, Esq.

Dr. George Schultz Mr. Mike Olszanski Mr. William II. Eichorn Ms. Anne Rapkin Mr. Samuel J. Chilk, Secretary of the Commission Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Appeal Board Panel Docketing and Service Section l