Summary
This regulation implements the Equal Access to Justice Act (EAJA) by establishing procedures for awarding attorney fees and expenses to eligible parties who prevail against the Nuclear Regulatory Commission (NRC) in adversary adjudications. It defines eligible applicants (individuals, small businesses, nonprofits with net worth and employee caps), sets fee caps ($75/hour), outlines application procedures, evidentiary requirements, timelines, and appeals processes. It applies to specific NRC proceedings, including False Claims Act cases and contract appeals.
Reason
This regulation enforces a costly, bureaucratic process to compensate legal fees in administrative disputes, creating a hidden subsidy for litigation against the government. It incentivizes legal challenges to NRC decisions regardless of merit, as the burden falls on the agency to prove its position was 'substantially justified.' The $75/hour fee cap is obsolete and ignores market rates, while the compliance burden — documentation, affidavits, confidential financial disclosures, and procedural delays — imposes unnecessary administrative costs on both applicants and the NRC. In a free society, legal representation should be privately funded, not state-sanctioned through taxpayer-funded indemnification of litigation against government agencies. The EAJA itself is an unjustified expansion of government liability and violates the principle that individuals bear the costs of their own legal actions.