10 CFR 12.105
§ 12.105 Standards for awards.
United States · 10 CFR — Energy · Status: effective
Cite this
- Citation
- 10 CFR 12.105, § 12.105 Standards for awards, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/36309
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Full text
(a) A prevailing applicant may receive an award for fees and expenses incurred in connection with a proceeding or a significant and discrete substantive portion of the proceeding, unless the position of the Commission over which the applicant has prevailed was substantially justified. The position of the Commission includes, in addition to the position taken by the Commission in the adversary adjudication, the action or failure to act by the Commission upon which the adversary adjudication is based. The burden of proof that an award should not be made to a prevailing applicant because the Commission's position was substantially justified is on the Commission counsel.
(b) An award will be reduced or denied if the applicant has unduly or unreasonably protracted the proceeding or if special circumstances make the award sought unjust.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.