Propriety of Procedural Cost Reduction Program for Intervenors Instituted by NRC

GAO was asked for a decision on the legality of a proposed Nuclear Regulatory Commission (NRC) plan to provide free transcripts of hearings to all parties to NRC adjudicatory proceedings, including intervenors. The General Counsel of NRC asserted that the purpose of the new proposal is to make the hearing process as efficient and timely as possible and to eliminate unnecessary delays in NRC license issuance. NRC appropriation legislation provides that none of the appropriated funds can be used to pay the expenses of, or otherwise compensate, parties intervening in regulatory or adjudicatory proceedings funded by the Act. What is at issue in the proposal is not a cost reduction program, but a program to aid licensing boards in their mission of insuring that their initial decision adequately protects the public health, safety, and environment. Any benefit which would accrue to intervenors because of the implementation of this proposal would be incidental and not the motivating factor in the adoption of the proposal. GAO found no basis upon which to object to the NRC determination that funds made available to the program are reasonable for its purposes. GAO could not conclude that the proposal would violate statutory prohibition simply because it incidentally eases the cost burden on intervenors. NRC may lawfully use its fiscal year 1981 funds to implement the proposal.