ML20126M814

Order Denying Business & Prof People for Public Interest Application for Atty Fees Under Equal Access to Justice Act. Commission FY82 Appropriation Act Prohibited Funding of Intervenors.Served on 850523

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 Nunzio J. Palladino, Chairman #'RC Thomas M. Roberts James K. Asselstine Frederick M. Bernthal M MAY 23 P2:51 Lando W. Zech, Jr.

OFf hi 07 Er.t' '

00CKEiiN3 & SEP.

BRANCH

)

In the Matter of SERVED MAY 231985 l

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?3

{DR ADOCK 050 37 j {

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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 G

d iN 5MUEL J.\CHILK Chs i g '// Secretary of t$ Comission

,) 9 39 4. '

Dated at hington, D.C.

this 2 1 day of May, 1985.

L 1

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