Summary

An opinion was requested concerning the legality of the use of appropriated funds for a procedural cost reduction program for intervenors by the Nuclear Regulatory Commission (NRC). It was concluded that, with the exception of the reduction of copies of transcripts, NRC could not lawfully use its fiscal year (FY) 1981 appropriation to implement the program. Funds for carrying out NRC functions for FY 1981 were appropriated by the Energy and Water Development Appropriation Act, which provides that none of the funds be used to pay the expenses of, or otherwise compensate, parties intervening in regulatory or adjudicatory proceedings funded in the act. It was clear that the cost reduction program would apply to NRC adjudicatory proceedings. It was also clear that the beneficiaries of the program would be the intervenors in NRC proceedings, and that the program would pay for the expenses of the intervenors. Therefore, if NRC implemented its procedural cost reduction program using its FY 1981 appropriations, it would be in violation of the appropriation act. This conclusion did not apply to the NRC amended regulation which states that all parties to the proceedings need file only the original and 2 copies of pleadings and other documents, instead of the original and 20 copies, which was formerly required. By making this amendment, NRC was not paying intervenor's expenses, but was eliminating an adjudication cost for all parties.