ML20126M814
| ML20126M814 | |
| Person / Time | |
|---|---|
| Site: | Bailly |
| Issue date: | 05/23/1985 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | BUSINESS & PROFESSIONAL PEOPLE FOR THE PUBLIC INTERES |
| References | |
| CON-#385-035, CON-#385-35 NUDOCS 8508010530 | |
| Download: ML20126M814 (2) | |
Text
i OM UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION COMMISSIONERS:
CX.d Ein
- 'RC Nunzio J. Palladino, Chairman Thomas M. Roberts James K. Asselstine M MAY 23 P2:51 Frederick M. Bernthal Lando W. Zech, Jr.
OFf hi 07 Er.t' '
00CKEiiN3 & SEP.
BRANCH
)
l SERVED MAY 231985 In the Matter of NORTHERN INDIANA PUBLIC SERVICE
)
COMPANY
)
Docket No. 50-367
)
(Bailly Generating Station,
)
Nuclear 1)
)
)
ORDER The Business and Professional People for the Public Interest (BPI) lodged with the Comission a request for attorney fees under the Equal Access to Justice Act (EAJA), 5 U.S.C. 5 504, in connection with its participation in the licensing proceeding relating to the Bailly Generating Station. By Comission order, the BPI was informed that its appl'ication for attorney fees was being held in abeyance pending the resolution of a, request by the NRC for an opinion by the Comptroller General of the United States regarding the Comission's ability to pay such funds. Subsequently, the Comptroller General rendered a decision barring the Comission from paying EAJA funds because of language in the Comission's appropriation act for fiscal year 1982 prohibiting funding of intervenors (which language has been continued in subsequent appropriation acts).
The Comptroller General left open the possibility 8506010530 8505?3j
{
37 ADOCK 050
{DR
~
2 of paying EAJA awards from Comission money appropriated before fiscal year 1982, if available. The Director of the Comission's Office of Resource Management, however, has determined that no such funds are available.
Under these circumstances, the Comission denies the EAJA application of BPI.
It is so ORDERED.
For the Comission 4g g/NM1 Chs d
G iN 5MUEL J.\\CHILK i
g
'// Secretary of t$ Comission
,) 9 39
- 4. '
Dated at hington, D.C.
this 2 1 day of May, 1985.
L 1
t ar--