ML18060A050

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Complaint Exhibit A-N 2-27-18
ML18060A050
Person / Time
Issue date: 02/27/2018
From: Andrew Averbach
NRC/OGC
To:
References
1:18-cv-00249-EDK
Download: ML18060A050 (79)
v • d • e


Text

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 1 of 79 Exhibit A

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 2 of 79 U.S.NRC Unired Srnres Nuclear Regularorv\... ..

Commission Protecting People and the Environment Fiscal Year: 10/01/2012-09/30/2013 Quarter Period: 09/23/2012 - 12/29/2012 Vendor: Remit To:

HONEYWELL INTERNATIONAL, INC. Office of the Chief Financial Officer PO BOX 430 U.S. Nuclear Regulatory Commission METROPOLIS, IL 62960-0000 P.O. Box 979051 St. Louis, MO 63197 Invoices for Period:

Invoice Number Date Due Date Amount Docket LFB 13-2061 Jan 24, 2013 Feb 23, 2013 $660,888.00 04003392 If there are any questions, contact (301) 415-7554. For NRC debt collection procedures, including interest and penalty provisions, see 31 U.S.C. 3717,4 CFR 101-105, AND 10 CFR 15.

Additional terms and conditions are attached.

Make checks payable to The U.S. Nuclear Regulatory Commission. Interest will accrue from the invoice date at an annual rate of 1 %. Interest will be waived if payment is received by the due date. Please reference the invoice number on the remittance.

1765 of 1884

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 3 of 79 Billing Details:

Docket#: 04003392 License#: SUB-526 PART 170:

TAC/IR Number TAC/IR Name Payment Period Regular Non- Hour Rate Hourly Costs Contract Costs Total Costs End Date Hours Regular Hours L32759 HONEYWELL-POND Oct 6, 2012 84.00 0.00 $274.00 $23,016.00 $0.00 $23,016.00 CLOSURE L32759 HONEYWELL-POND Oct 20, 2012 72.25 0.00 $274.00 $19,796.50 $0.00 $19,796.50 CLOSURE L32759 HONEYWELL-POND Nov 3, 2012 70.50 0.00 $274.00 $19,317.00 $0.00 $19,317.00 CLOSURE L32759 HONEYWELL-POND Nov 17, 2012 89.75 0.00 $274.00 $24,591.50 $0.00 $24,591.50 CLOSURE L32759 HONEYWELL-POND Dec 1, 2012 113.00 0.00 $274.00 $30,962.00 $0.00 $30,962.00 CLOSURE L32759 HONEYWELL-POND Dec 15, 2012 130.50 0.00 $274.00 $35,757.00 $0.00 $35,757.00 CLOSURE L32759 HONEYWELL-POND Dec 29, 2012 91.50 1.00 $274.00 $25,345.00 $0.00 $25,345.00 CLOSURE L32777 HONEYWELL METROPOLIS Oct 6, 2012 7.50 0.00 $274.00 $2,055.00 $0.00 $2,055.00 WORKS LICENSE AMENDMAENT REQUEST TO GRA L32777 HONEYWELL METROPOLIS Oct 20, 2012 2.00 0.00 $274.00 $548.00 $0.00 $548.00 WORKS LICENSE AMENDMAENT REQUEST TO GRA L32777 HONEYWELL METROPOLIS Nov 3, 2012 1.00 0.00 $274.00 $274.00 $0.00 $274.00 WORKS LICENSE AMENDMAENT REQUEST TO GRA L32787 HONEYWELL- Oct 6, 2012 0.50 0.00 $274.00 $137.00 $0.00 $137.00 NOTIFICATION OF WASTE DISPOSAL 1766 of 1884

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 4 of 79 Billing Details:

Docket#: 04003392 License#: SUB-526 PART 170:

TAC/IR Number TAC/IR Name Payment Period Regular Non- Hour Rate Hourly Costs Contract Costs Total Costs End Date Hours Regular Hours L32788 "HONEYWELL - Oct 6, 2012 110.50 0.00 $274.00 $30,277.00 $0.00 $30,277.00 RESOLUTION OF ERP BASES AND RESPONSES" L32788 "HONEYWELL - Oct 20, 2012 84.50 8.50 $274.00 $25,482.00 $0.00 $25,482.00 RESOLUTION OF ERP BASES AND RESPONSES" L32788 "HONEYWELL - Nov 3, 2012 115.50 3.50 $274.00 $32,606.00 $0.00 $32,606.00 RESOLUTION OF ERP BASES AND RESPONSES" L32788 "HONEYWELL - Nov 17, 2012 148.00 11.50 $274.00 $43,703.00 $0.00 $43,703.00 RESOLUTION OF ERP BASES AND RESPONSES" L32788 "HONEYWELL - Dec 1, 2012 114.50 9.50 $274.00 $33,976.00 $0.00 $33,976.00 RESOLUTION OF ERP BASES AND RESPONSES" L32788 "HONEYWELL - Dec 15, 2012 312.25 12.75 $274.00 $89,050.00 $0.00 $89,050.00 RESOLUTION OF ERP BASES AND RESPONSES" L32788 "HONEYWELL - Dec 29, 2012 170.75 15.50 $274.00 $51,032.50 $0.00 $51,032.50 RESOLUTION OF ERP BASES AND RESPONSES" L32792 HONEYWELL METROPOLIS Dec 1, 2012 4.50 1.00 $274.00 $1,507.00 $0.00 $1,507.00 WORKS EMERGENCY PREPAREDNESS EXERCISE s

L32792 HONEYWELL METROPOLIS Dec 15, 2012 5.00 0.00 $274.00 $1,370.00 $0.00 $1,370.00 WORKS EMERGENCY PREPAREDNESS EXERCISE s

L60413 HONEYWELL - PROJECT Oct 6, 2012 34.50 0.00 $274.00 $9,453.00 $0.00 $9,453.00 MANAGEMENT 1767 of 1884

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 5 of 79 Billing Details:

Docket#: 04003392 License#: SUB-526 PART 170:

TAC/IR Number TAC/IR Name Payment Period Regular Non- Hour Rate Hourly Costs Contract Costs Total Costs End Date Hours Regular Hours L60413 HONEYWELL - PROJECT Oct 20, 2012 6.50 0.00 $274.00 $1,781.00 $0.00 $1,781.00 MANAGEMENT L60413 HONEYWELL - PROJECT Nov 3, 2012 15.50 1.00 $274.00 $4,521.00 $0.00 $4,521.00 MANAGEMENT L60413 HONEYWELL - PROJECT Nov 17, 2012 24.00 3.00 $274.00 $7,398.00 $0.00 $7,398.00 MANAGEMENT L60413 HONEYWELL - PROJECT Dec 1, 2012 36.50 6.00 $274.00 $11,645.00 $0.00 $11,645.00 MANAGEMENT L60413 HONEYWELL - PROJECT Dec 15, 2012 26.50 2.00 $274.00 $7,809.00 $0.00 $7,809.00 MANAGEMENT L60413 HONEYWELL - PROJECT Dec 29, 2012 23.00 3.00 $274.00 $7,124.00 $0.00 $7,124.00 MANAGEMENT Adjustments No Adjustments Found Total TAC Due for Docket 1,894.50 78.25 $540,533.50 $0.00 $540,533.50 Inspection Report Details 2012001/04003392 2012001/04003392 Nov 3, 2012 2.00 0.00 $274.00 $548.00 $0.00 $548.00 2012004/04003392 2012004/04003392 Oct 6, 2012 29.50 1.50 $274.00 $8,494.00 $0.00 $8,494.00 2012004/04003392 2012004/04003392 Oct 20, 2012 22.00 0.00 $274.00 $6,028.00 $0.00 $6,028.00 2012004/04003392 2012004/04003392 Nov 3, 2012 48.00 0.00 $274.00 $13,152.00 $0.00 $13,152.00 2012005/04003392 2012005/04003392 Oct 20, 2012 4.50 0.00 $274.00 $1,233.00 $0.00 $1,233.00 2012005/04003392 2012005/04003392 Nov 3, 2012 12.75 0.00 $274.00 $3,493.50 $0.00 $3,493.50 2012005/04003392 2012005/04003392 Nov 17, 2012 171.75 18.75 $274.00 $52,197.00 $0.00 $52,197.00 2012005/04003392 2012005/04003392 Dec 1, 2012 70.00 4.00 $274.00 $20,276.00 $0.00 $20,276.00 2012005/04003392 2012005/04003392 Dec 15, 2012 29.50 0.00 $274.00 $8,083.00 $0.00 $8,083.00 1768 of 1884

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 6 of 79 Billing Details:

Docket#: 04003392 License#: SUB-526 PART 170:

TAC/IR Number TAC/IR Name Payment Period Regular Non- Hour Rate Hourly Costs Contract Costs Total Costs End Date Hours Regular Hours Inspection Report Details 2012005/04003392 2012005/04003392 Dec 29, 2012 25.00 0.00 $274.00 $6,850.00 $0.00 $6,850.00 Adjustments No Adjustments Found Total IR Due for Docket 415.00 24.25 $120,354.50 $0.00 $120,354.50 TOTAL PART 170: $660,888.00 Total for License/Docket: $660,888.00 1769 of 1884

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 7 of 79 Remittance Information:

Remit To: Office of the Chief Financial Officer U.S. Nuclear Regulatory Commission P.O. Box 979051 St. Louis, MO 63197 Invoice Number Due Date Docket Amount LFB 13-2061 Feb 23, 2013 04003392 $660,888.00 Total Due: $660,888.00 1770 of 1884

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 8 of 79 NRCFORM&2t U.S. NUCLEAR REGULATORY COMMISSION (WOOi!)

AUTHORIZATION FOR PAYMENT BY CREDIT CARD The NRC is currently accepting credit card payment of fees and other debts. If you wish to pay by credit card, complete the authorization below. If you have any questions, contact NRC's collection service provider, Department of Interior/National Business Center at 303-969-5880.

NAME Of CARDHOLDER ACCOUNT NUMBER CARO EXPIRATION MTE CARDS ACCEPTED (Check card you ant using)

D VISA D MASTERCARD D NOWS (DISCOVER)

D AMERICAN EXPRESS INllOICE HUMlllER OR DEICRFTION TOTAL AMOUNT OF 1IWalACTlOH If you are paying an application or registration fee (including new licenses, amendments, etc.), mail the completed form with your application to the appropriate regional office.

I For all other payments, send completed form to:

U.S. Bank U.S. Nuclear Regulatory Commission Accounts Receivable Team P. 0. Box 97S051 St Louis, MO 63197-9000 PRIVACY ACT STATEMENT Pul'IUMI to 5 U.S.C. 552a(e)(3), enaded lnlo law by SectiDn 3 of the Privacy Id of 1974 (Pubic Law 93-579), the lolowing mtement ii fumilhed to lndivid...- who supply infonnalion lo the U.S. Nuclear Regui.toly Commission (NRC) an NRC Form 629. This information ii maintUled as part of a system of records designated u NRC-32 and described 8171 Federal Register 59636 (Oclober 10, 2006), or the most l9Cefll Federal Regisler publication of the NRC'a "Republication of Systems of Recordl Noticel* ttiat ii loc8led in the NRC'I Ageneywicle Documents Acceaa *nd Management System.

1. AUTHORITY: 5 U.S.C. 552a; 5 U.S.C. 5514; 15 U.S.C. 1681; 26 U.S.C. 8103(mX2); 31U.S.C.37, IUbct'lllptera I and II; 3i U.S.C. 3701(8)(3); 31 u.s.c. 3711; 31 u.s.c. 3716; 31 u.s.c. 3717; 31 u.s.c. 3718; 31 u.s.c. 3720; 42 u.s.c. 2201; 42 u.s.c. 5841; Cuh M8Nlgeriient Improvement Id Amendments of 1992 (Pub. L 102-589); Debi Collection Improvement Id of 1996 (Pub. L 104-134); 31 CFR Chapler IX, Parts 900-904; 10 CFR Parts 15, 16, 170, 171; Executive Order (E.0.) 9397; E.O. 12101; and E.O. 12731.
2. PRINCIPAL PURPOSE(S): To collec:t cnldi card llCICOW'lt infonn.iion and provide *uthorizalion for ils UH to collecl. payment or debt.
3. ROUTINE USE(S): In IDddltion lo lhe clilclolurn pennitled under aubHctlon (b) of the Privacy Ad. NRC may dilc:loled lnfonnlltian to debt c:oledlon contractora or lo other Federal agencies for the puipoae of collec:tlng and ntpOlling an delinquent debts and lo banks enroled in the Tl9uury Credit Card Nelwoftt lo colllct
  • payment or debt when lhe individual hlll given his or her credit c:an:I number for lhil purpose.

lnform8tion may be dildoHd in llC:COn:lance wilh arry of the routine 1M1 lilted in the Prefatory Sl8temenl of Gener.i Routine Ulel which includel lo 11n lppl'Opri8le agency in the event the information indic81ea a violltion or potential violllllon of lllw; in the c:ourae of an lldmitillrllive Cir judicillt pnx:eeding; to an appropriate agency lo the extent relevant *nd neceaury for an NRC deCillon llbout you or to the extent ralevant and neceaury for that agency's decllion about you; in the course of diacowery under* protective order iuued by a court of competent jurildiction, and In pnisenling evidence; lo

  • Congreulonal otlice lo respond to their inquiry made at your request; lo NRC-paid experts, conaubnls, and olhera under connct with the NRC, on
  • llMld-to<<now bail; and lo approprillle persona and enlitiel for purpoeea of R11pc1nH lll1d nimedi8I elfofta in lhe tMll'lt of* aampeded or confirmed bfuch of data from lhil ayat9m of AICOn:la.
4. WHEntER DISCLOSURE IS MANDATORY OR VOLUNTARY AND EFFECT ON INDIVIDUAL OF NOT PIDVIDING INFORlllATION: Providing lhil inronnlltion ii voUntary. Howllwlr, not providing the requested infarmation will not provide the NRC the information and Uhorizalion required to uae ~ c:redll card to collect
  • payment or debt. *
5. IYSTEll llANAGER(S) AND ADDRESS: onc:tor, Divliian of Flnandal ~. Ollice of the Chief Flnanci8I Ollcer, U.S. Nuclllllr Regulatory Commiulon, Wuhlnglan, DC 20555-0001. .

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 9 of 79 Exhibit B

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 10 of 79

~ u.S.NRC United Scates 'udear Rcgulaco ry Commission Protecting People and the Environment Fiscal Year: 10/01/2012 - 09/30/2013 Quarter Period: 12/30/2012 - 03/23/2013 Vendor: Remit To:

HONEYWELL INTERNATIONAL, INC. Office of the Chief Financial Officer PO BOX 430 U.S. Nuclear Regulatory Commission METROPOLIS, IL. 62960-0000 P.O. Box 979051 St. Louis, MO 63197 Invoices for Period:

Invoice Number Date Due Date Amount Docket LFB 13-3439 Apr 18, 2013 May 18, 2013 $855,428 .00 04003392 If there are any questions, contact (301) 415-7554. For NRC debt collection procedures, including interest and penalty provisions, see 31 U.S.C. 3717,4 CFR 101-105, AND 10 CFR 15.

Additional terms and conditions are attached.

Make checks payable to The U.S. Nuclear Regulatory Commission. Interest will accrue from the invoi<:e date at an annual rate of 1%. Interest will be waived if payment is received by the due date. Plea se reference th e invoice number on the remittance.

1639 of 1777

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 11 of 79 Billing Details:

Docket#: 04003392 License#: SUB-526 PART 170:

TAC/IR Number TAC/IR Name Payment Period Regular Non- Hour Rate Hourly Costs Contract Costs Total Costs End Date Hours Regular Hours L32759 HONEYWELL-POND Jan 12, 2013 75.50 0.00 $274.00 $20,687.00 $0.00 $20,687.00 CLOSURE L32759 HONEYWELL-POND Jan 26, 2013 117.25 1.00 $274.00 $32,400.50 $0.00 $32,400.50 CLOSURE L32759 HONEYWELL-POND Feb 9, 2013 105.50 0.00 $274.00 $28,907.00 $0.00 $28,907.00 CLOSURE L32759 HONEYWELL-POND Feb 23, 2013 59.00 0.00 $274.00 $16,166.00 $0.00 $16,166.00 CLOSURE L32759 HONEYWELL-POND Mar 9, 2013 14.00 0.00 $274.00 $3,836.00 $0.00 $3,836.00 CLOSURE L32759 HONEYWELL-POND Mar 23, 2013 52.00 0.00 $274.00 $14,248.00 $0.00 $14,248.00 CLOSURE L32788 "HONEYWELL - Jan 12, 2013 189.50 14.00 $274.00 $55,759.00 $0.00 $55,759.00 RESOLUTION OF ERP BASES AND RESPONSES" L32788 "HONEYWELL - Jan 26, 2013 263.00 13.00 $274.00 $75,624.00 $0.00 $75,624.00 RESOLUTION OF ERP BASES AND RESPONSES" L32788 "HONEYWELL - Feb 9, 2013 398.50 31.50 $274.00 $117,820.00 $0.00 $117,820.00 RESOLUTION OF ERP BASES AND RESPONSES" L37788 "HONEYWELL - Feb 23, 2013 309.50 17.50 .. $274.00 $89,598.00 $0.00. $89,598.00 RESOLUTION OF ERP BASES AND RESPONSES" L32788 "HONEYWELL - Mar 9, 2013 328.75 8.50 $274.00 $92,406.50 $0.00 $92,406.50 RESOLUTION OF ERP BASES AND RESPONSES" L32788 "HONEYWELL - Mar 23, 2013 226.50 4.25 $274.00 $63,225.50 $0.00 $63,225.50 RESOLUTION OF ERP BASES AND RESPONSES" 1640 of 1777

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 12 of 79 Billing Details:

Docket#: 04003392 License#: SUB-526 PART 170:

TAC/IR Number TAC/IR Name Payment Period Regular Non- Hour Rate Hourly Costs Contract Costs Total Costs End Date Hours Regular Hours L36006 HONEYWELL-HONEYWELL Feb 23, 2013 5.25 0.00 $274.00 $1,438.50 $0.00 $1,438.50 METROPOLIS WORKS DECOMMISSIONING COST ES L36006 HONEYWELL-HONEYWELL Mar 9, 2013 5.75 0.00 $274.00 $1,575.50 $0.00 $1,575.50 METROPOLIS WORKS DECOMMISSIONING COST ES L36006 HONEYWELL-HONEYWELL Mar 23, 2013 3.75 0.00 $274.00 $1,027.50 $0.00 $1,027.50 METROPOLIS WORKS DECOMMISSIONING COST ES L60413 HONEYWELL - PROJECT Jan 12, 2013 12.00 4.00 $274.00 $4,384.00 $0.00 $4,384.00 MANAGEMENT L60413 HONEYWELL - PROJECT Jan 26, 2013 24.00 5.00 $274.00 $7,946.00 $0.00 $7,946.00 MANAGEMENT L60413 HONEYWELL - PROJECT Feb 9, 2013 21.50 3.00 $274.00 $6,713.00 $0.00 $6,713.00 MANAGEMENT L60413 HONEYWELL - PROJECT Feb 23, 2013 24.50 1.75 $274.00 $7,192.50 $0.00 $7,192.50 MANAGEMENT L60413 HONEYWELL - PROJECT Mar 9, 2013 21.00 0.50 $274.00 $5,891.00 $0.00 $5,891.00 MANAGEMENT L60413 HONEYWELL - PROJECT Mar 23, 2013 38.00 0.00 $274.00 $10(412.00 $0.00 $10,412.00 MANAGEMENT Adjustments L32788 "HONEYWELL - Oct 6, 2012 41.00 8.00 $274.00 $13,426.00 $0.00 $13,426.00 RESOLUTION OF ERP BASES AND RESPONSES" Total TAC Due for Docket 2,335.75 112.00 $670,683.50 $0.00 $670,683.50 1641 of 1777

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 13 of 79 Billing Details:

Docket#: 04003392 License#: SUB-526 PART 170:

TAC/IR Number TAC/IR Name Payment Period Regular Non- Hour Rate Hourly Costs Contract Costs Total Costs End Date Hours Regular Hours Inspection Report Details 2012001/04003392 2012001/04003392 Jan 12, 2013 3.00 0.00 $274.00 $822.00 $0.00 $822.00 2012001/04003392 2012001/04003392 Jan 26, 2013 10.50 0.00 $274.00 $2,877.00 $0.00 $2,877.00 2013001/04003392 2013001/04003392 Feb 9, 2013 3.00 0.00 $274.00 $822.00 $0.00 . $822.00 2013001/04003392 2013001/04003392 Feb 23, 2013 21.75 0.00 $274.00 $5,959.50 $0.00 $5,959.50 2013001/04003392 2013001/04003392 Mar 9, 2013 21.00 0.00 $274.00 $5,754.00 $0.00 $5,754.00 2013001/04003392 2013001/04003392 Mar 23, 2013 15.00 0.00 $274.00 $4,110.00 $0.00 $4,110.00 2013002/04003392 2013002/04003392 Jan 12, 2013 72.00 5.50 $274.00 $21,235.00 $0.00 $21,235.00 2013002/04003392 2013002/04003392 Jan 26, 2013 139.00 14.00 $274.00 $41,922.00 $0.00 $41,922.00 2013002/04003392 2013002/04003392 Feb 9, 2013 103.00 16.50 $274.00 $32,743.00 $0.00 $32,743.00 2013002/04003392 2013002/04003392 Feb 23, 2013 9.00 0.00 $274.00 $2,466.00 $0.00 $2,466.00 2013002/04003392 2013002/04003392 Mar 9, 2013 98.00 10.50 $274.00 $29,729.00 $0.00 $29,729.00 2013002/04003392 2013002/04003392 Mar 23, 2013 55.00 0.00 $274.00 $15,070.00 $0.00. $15,070.00 2013003/04003392 2013003/04003392 Mar 23, 2013 5.50 0.00 $274.00 $1,507.00 $0.00 $1,507.00 2013401/04003392 2013401/04003392 Mar 9, 2013 72.00 0.00 $274.00 $19,728.00 $0.00 ** $19,728.00 Adjustments No Adjustments Found Total IR Due for Docket 627.75 46.50 $184,744.50 $0.00 $184,744.50 TOTAL PART 170: $855,428.00 1642 of 1777

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 14 of 79 Billing Details:

Docket#: 04003392 License#: SUB-526 PART 170:

TAC/IR Number TAC/IR Name Payment Period Regular Non- Hour Rate Hourly Costs Contract Costs Total Costs End Date Hours Regular Hours Total for License/Docket: $855,428.00 1643 of 1777

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 15 of 79 Remittance Information:

Remit To: Office of the Chief Financial Officer U.S. Nuclear Regulatory Commission P.O. Box 979051 St. Louis, MO 63197 Invoice Number Due Date Docket Amount LFB 13-3439 May 18, 2013 04003392 $855,428.00 Total Due: $855,428.00 1644 of 1777

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 16 of 79 Exhibit C

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 17 of 79 U.S.NRC Uniced States Nudear Regularnry Commission Protecting People and the Environment Fiscal Year: 10/01/2012-09/30/2013 Quarter Period: 03/24/2013 - 06/29/2013 Vendor: Remit To:

HONEYWELL INTERNATIONAL, INC. Office of the Chief Financial Officer PO BOX 430 U.S. Nuclear Regulatory Commission METROPOLIS, IL 62960-0000 P.O. Box 979051 St. Louis, MO 63197 Invoices for Period:

Invoice Number Date Due Date Amount Docket LFB 13-4946 Jul 25, 2013 Aug 24, 2013 $881,389.50 04003392 For questions, contact (301) 415-7554 or by email at fees.resource@nrc.gov. For NRC debt collection procedures, including interest and penalty provisions, see 31 U.S.C. 3717,4 CFR 101-105, AND 10 CFR 15. Additional terms and conditions are attached.

Make checks payable to The U.S. Nuclear Regulatory Commission. Interest will accrue from the invoice date at an annual rate of 1 %. Interest will be waived if payment is received by the due date. Please reference the invoice number on the remittance.

1977 of 2152

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 18 of 79 Billing Details:

Docket#: 04003392 License#: SUB-526 PART 170:

TAC/IR Number TAC/IR Name Payment Period Regular Non- Hour Rate Hourly Costs Contract Costs Total Costs End Date Hours Regular Hours L32759 HONEYWELL-POND Apr 6, 2013 40.50 0.00 $274.00 $11,097.00 $0.00 $11,097.00 CLOSURE L32759 HONEYWELL-POND Apr 20, 2013 52.00 0.00 $274.00 $14,248.00 $0.00 $14,248.00 CLOSURE L32759 HONEYWELL-POND May 4, 2013 55.00 4.00 $274.00 $16,166.00 $0.00 $16,166.00 CLOSURE L32759 HONEYWELL-POND May 18, 2013 28.00 2.50 $274.00 $8,357.00 $0.00 $8,357.00 CLOSURE L32759 HONEYWELL-POND Jun 1, 2013 40.50 0.00 $274.00 $11,097.00 $0.00 $11,097.00 CLOSURE L32759 HONEYWELL-POND Jun 15, 2013 70.50 1.00 $274.00 $19,591.00 $0.00 $19,591.00 CLOSURE L32759 HONEYWELL-POND Jun 29, 2013 28.00 2.00 $274.00 $8,220.00 $0.00 $8,220.00 CLOSURE L32788 "HONEYWELL - Apr 6, 2013 250.75 8.50 $274.00 $71,034.50 $0.00 $71,034.50 RESOLUTION OF ERP BASES AND RESPONSES" L32788 "HONEYWELL - Apr 20, 2013 196.25 9.25 $274.00 $56,307.00 $0.00 $56,307.00 RESOLUTION OF ERP BASES AND RESPONSES" L32788 "HONEYWELL - May 4, 2013 190.50 4.50 $274.00 $53,430.00 $0.00 $53,430.00 RESOLUTION OF ERP BASES AND RESPONSES" L32788 "HONEYWELL - May 18, 2013 224.00 11.75 $274.00 $64,595.50 $0.00 $64,595.50 RESOLUTION OF ERP BASES AND RESPONSES" L32788 "HONEYWELL - Jun 1, 2013 218.50 6.50 $274.00 $61,650.00 $0.00 $61,650.00 RESOLUTION OF ERP BASES AND RESPONSES" 1978 of 2152

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 19 of 79 Billing Details:

Docket#: 04003392 License#: SUB-526 PART 170:

TAC/IR Number TAC/IR Name Payment Period Regular Non- Hour Rate Hourly Costs Contract Costs Total Costs End Date Hours Regular Hours L32788 "HONEYWELL - Jun 15, 2013 267.25 14.75 $274.00 $77,268.00 $0.00 $77,268.00 RESOLUTION OF ERP BASES AND RESPONSES" L32788 "HONEYWELL - Jun 29, 2013 269.75 17.75 $274.00 $78,775.00 $0.00 $78,775.00 RESOLUTION OF ERP BASES AND RESPONSES" L36006 HONEYWELL-HONEYWELL Apr 6, 2013 4.50 0.00 $274.00 $1,233.00 $0.00 $1,233.00 METROPOLIS WORKS DECOMMISSIONING COST ES L36006 HONEYWELL-HONEYWELL Apr 20, 2013 6.50 0.00 $274.00 $1,781.00 $0.00 $1,781.00 METROPOLIS WORKS DECOMMISSIONING COST ES L36006 HONEYWELL-HONEYWELL May 4, 2013 14.50 0.00 $274.00 $3,973.00 $0.00 $3,973.00 METROPOLIS WORKS DECOMMISSIONING COST ES L36006 HONEYWELL-HONEYWELL May 18, 2013 6.00 0.50 $274.00 $1,781.00 $0.00 $1,781.00 METROPOLIS WORKS DECOMMISSIONING COST ES L36006 HONEYWELL-HONEYWELL Jun 1, 2013 8.00 0.00 $274.00 $2,192.00 $0.00 $2,192.00 METROPOLIS WORKS DECOMMISSIONING COST ES L36006 HONEYWELL-HONEYWELL Jun 15, 2013 12.00 0.00 $274.00 $3,288.00 $0.00 $3,288.00 METROPOLIS WORKS DECOMMISSIONING COST ES 1979 of 2152

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 20 of 79 Billing Details:

Docket#: 04003392 License#: SUB-526 PART 170:

TAC/IR Number TAC/IR Name Payment Period Regular Non- Hour Rate Hourly Costs Contract Costs Total Costs End Date Hours Regular Hours L36006 HONEYWELL-HONEYWELL Jun 29, 2013 6.50 1.00 $274.00 $2,055.00 $0.00 $2,055.00 METROPOLIS WORKS DECOMMISSIONING COST ES L36007 HONEYWELL-HONEYWELL Apr 20, 2013 1.00 0.00 $274.00 $274.00 $0.00 $274.00 METROPOLIS WORKS CONFIGURATION CHANGES F L36007 HONEYWELL-HONEYWELL Jun 29, 2013 3.50 0.00 $274.00 $959.00 $0.00 $959.00 METROPOLIS WORKS CONFIGURATION CHANGES F L60413 HONEYWELL - PROJECT Apr 6, 2013 24.50 0.00 $274.00 $6,713.00 $0.00 $6,713.00 MANAGEMENT L60413 HONEYWELL - PROJECT Apr 20, 2013 40.50 0.00 $274.00 $11,097.00 $0.00 $11,097.00 MANAGEMENT L60413 HONEYWELL - PROJECT May 4, 2013 25.00 0.00 $274.00 $6,850.00 $0.00 $6,850.00 MANAGEMENT L60413 HONEYWELL - PROJECT May 18, 2013 36.00 8.00 $274.00 $12,056.00 $0.00 $12,056.00 MANAGEMENT L60413 HONEYWELL - PROJECT Jun 1, 2013 17.50 1.50 $274.00 $5,206.00 $0.00 $5,206.00 MANAGEMENT L60413 HONEYWELL - PROJECT Jun 15, 2013 21.50 0.00 $274.00 $5,891.00 $0.00 $5,891.00 MANAGEMENT L60413 HONEYWELL - PROJECT Jun 29, 2013 11.50 0.00 $274.00 $3,151.00 $0.00 $3,151.00 MANAGEMENT Adjustments L32788 "HONEYWELL - Feb 9, 2013 6.00 0.00 $274.00 $1,644.00 $0.00 $1,644.00 RESOLUTION OF ERP BASES AND RESPONSES" 1980 of 2152

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 21 of 79 Billing Details:

Docket#: 04003392 License#: SUB-526 PART 170:

TAC/IR Number TAC/IR Name Payment Period Regular Non- Hour Rate Hourly Costs Contract Costs Total Costs End Date Hours Regular Hours L32788 "HONEYWELL - Mar 23, 2013 -6.00 0.00 $274.00 ($1,644.00) $0.00 ($1,644.00)

RESOLUTION OF ERP BASES AND RESPONSES" Total TAC Due for Docket 2,170.50 93.50 $620,336.00 $0.00 $620,336.00 Inspection Report Details 2013001/04003392 2013001/04003392 May 4, 2013 3.00 0.00 $274.00 $822.00 $0.00 $822.00 2013001/04003392 2013001/04003392 Jun 15, 2013 5.00 0.00 $274.00 $1,370.00 $0.00 $1,370.00 2013002/04003392 2013002/04003392 Apr 6, 2013 7.50 0.00 $274.00 $2,055.00 $0.00 $2,055.00 2013003/04003392 2013003/04003392 Apr 6, 2013 58.75 0.00 $274.00 $16,097.50 $0.00 $16,097.50 2013003/04003392 2013003/04003392 Apr 20, 2013 196.25 12.25 $274.00 $57,129.00 $0.00 $57,129.00 2013003/04003392 2.013003/04003392 May 4, 2013 119.00 9.00 $274.00 $35,072.00 $0.00 $35,072.00 2013003/04003392 2013003/04003392 May 18, 2013 227.00 23.50 $274.00 $68,637.00 $0.00 $68,637.00 1981 of 2152

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 22 of 79 Billing Details:

Docket#: 04003392 License#: SUB-526 PART 170:

TAC/IR Number TAC/IR Name Payment Period Regular Non- Hour Rate Hourly Costs Contract Costs Total Costs End Date Hours Regular Hours Inspection Report Details 2013003/04003392 2013003/04003392 Jun 1, 2013 93.00 0.00 $274.00 $25,482.00 $0.00 $25,482.00 2013003/04003392 2013003/04003392 Jun 15, 2013 142.00 16.00 $274.00 $43,292.00 $0.00 $43,292.00 2013003/04003392 2013003/04003392 Jun 29, 2013 35.00 0.00 $274.00 $9,590.00 $0.00 $9,590.00 2013004/04003392 2013004/04003392 May 18, 2013 0.50 0.00 $274.00 $137.00 $0.00 $137.00 2013004/04003392 2013004/04003392 Jun 29, 2013 5.00 0.00 $274.00 $1,370.00 $0.00 $1,370.00 Adjustments No Adjustments Found Total IR Due for Docket 892.00 60.75 $261,053.50 $0.00 $261,053.50 TOTAL PART 170: $881,389.50 Total for License/Docket: $881,389.50 1982 of 2152

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 23 of 79 Remittance Information:

Remit To: Office of the Chief Financial Officer U.S. Nuclear Regulatory Commission P.O. Box 979051 St. Louis, MO 63197 Invoice Number Due Date Docket Amount LFB 13-4946 Aug 24, 2013 04003392 $881,389.50 Total Due: $881,389.50 1983 of 2152

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 24 of 79 Exhibit D

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 25 of 79

JU.S.NRC Uniccd Sca res >r uclear Rcgulacory Commi ssion Protecting People and the Environment Fiscal Year
10/01/2013 - 09/30/2014 Quarter Period: 06/30/2013 - 09/21/2013 Vendor: Remit To:

HONEYWELL INTERNATIONAL, INC. Office of the Chief Financial Officer PO BOX 430 U.S. Nuclear Regulatory Commission METROPOLIS, IL 62960-0000 P.O. Box 979051 St. Louis, MO 63197 Invoices for Period:

Invoice Number Date Due Date Amount Docket LFB 14-0391 Oct 24, 2013 Nov 23, 2013 $356,286.50 04003392 For questions, contact (301) 415-7554 or by email at fees.resource@nrc.gov. For NRC debt collection procedures, including interest and penalty provisions, see 31 U.S.C. 3717,4 CFR 101-105, AND 10 CFR 15. Additional terms and conditions are attached.

Make checks payable to The U.S. Nuclear Regulatory Commission. Interest will accrue from the invoice date at an annual rate of 1%. Interest will be waived if payment is received by the due date. Please reference the invoice number on the remittance.

1701 of 1843

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 26 of 79 Billing Details:

Docket#: 04003392 License#: SUB-526 PART 170:

TAC/IR Number TAC/IR Name Payment Period Regular Non- Hour Rate Hourly Costs Contract Costs Total Costs End Date Hours Regular Hours L32759 HONEYWELL-POND Jul 13, 2013 24.00 0.00 $274.00 $6,576.00 $0.00 $6,576.00 CLOSURE L32759 HONEYWELL-POND Jul 27, 2013 48.00 0.00 $274.00 $13,152.00 $0.00 $13,152.00 CLOSURE L32759 HONEYWELL-POND Aug 10, 2013 45.50 2.50 $274.00 $13,152.00 $0.00 $13,152.00 CLOSURE L32759 HONEYWELL-POND Aug 24, 2013 47.00 0.00 $274.00 $12,878.00 $0.00 $12,878.00 CLOSURE L32759 HONEYWELL-POND Sep 7, 2013 92.50 0.00 $274.00 $25,345.00 $0.00 $25,345.00 CLOSURE L32759 HONEYWELL-POND Sep 21, 2013 96.50 1.00 $272.00 $26,520.00 $0.00 $26,520.00 CLOSURE L32788 "HONEYWELL - Jul 13, 2013 138.00 17.25 $274.00 $42,538.50 $0.00 $42,538.50 RESOLUTION OF ERP BASES AND RESPONSES" L32788 "HONEYWELL - Jul 27, 2013 5.25 0.00 $274.00 $1,438.50 $0.00 $1,438.50 RESOLUTION OF ERP BASES AND RESPONSES" L32788 "HONEYWELL - Aug 10, 2013 1.25 0.00 $274.00 $342.50 $0.00 $342.50 RESOLUTION OF ERP BASES AND RESPONSES" L32788 "HONEYWELL - Aug 24, 2013 3.00 0.00 $274.00 $822.00 $0.00 $822.00 RESOLUTION OF ERP BASES AND RESPONSES" L32788 "HONEYWELL - Sep 7, 2013 9.00 0.00 $274.00 $2,466.00 $0.00 $2,466.00 RESOLUTION OF ERP BASES AND RESPONSES" L32788 "HONEYWELL - Sep 21, 2013 16.00 5.00 $272.00 $5,712.00 $0.00 $5,712.00 RESOLUTION OF ERP BASES AND RESPONSES" 1702 of 1843

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 27 of 79 Billing Details:

Docket#: 04003392 License#: SUB-526 PART 170:

TAC/IR Number TAC/IR Name Payment Period Regular Non- Hour Rate Hourly Costs Contract Costs Total Costs End Date Hours Regular Hours L36006 HONEYWELL-HONEYWELL Jul 13, 2013 15.50 0.00 $274.00 $4,247.00 $0.00 $4,247.00 METROPOLIS WORKS DECOMMISSIONING COST ES L36006 HONEYWELL-HONEYWELL Jul 27, 2013 12.50 0.00 $274.00 $3,425.00 $0.00 $3,425.00 METROPOLIS WORKS DECOMMISSIONING COST ES L36006 HONEYWELL-HONEYWELL Sep 7, 2013 5.25 0.00 $274.00 $1,438.50 $0.00 $1,438.50 METROPOLIS WORKS DECOMMISSIONING COST ES L36006 HONEYWELL-HONEYWELL Sep 21, 2013 0.75 0.00 $272.00 $204.00 $0.00 $204.00 METROPOLIS WORKS DECOMMISSIONING COST ES L60413 HONEYWELL - PROJECT Jul 13, 2013 13.00 3.50 $274.00 $4,521.00 $0.00 $4,521.00 MANAGEMENT L60413 HONEYWELL - PROJECT Jul 27, 2013 24.00 2.00 $274.00 $7,124.00 $0.00 $7,124.00 MANAGEMENT L60413 HONEYWELL - PROJECT Aug 10, 2013 23.50 1.50 $274.00 $6,850.00 $0.00 $6,850.00 MANAGEMENT L60413 HONEYWELL - PROJECT Aug 24, 2013 26.00 2.00 $274.00 $7,672.00 $0.00 $7,672.00 MANAGEMENT L60413 HONEYWELL - PROJECT Sep 7, 2013 24.00 0.00 $274.00 $6,576.00 $0.00 $6,576.00 MANAGEMENT L60413 HONEYWELL - PROJECT Sep 21, 2013 21.00 3.50 $272.00 $6,664.00 $0.00 $6,664.00 MANAGEMENT Adjustments 1703 of 1843

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 28 of 79 Billing Details:

Docket#: 04003392 License#: SUB-526 PART 170:

TAC/IR Number TAC/IR Name Payment Period Regular Non- Hour Rate Hourly Costs Contract Costs Total Costs End Date Hours Regular Hours L32788 "HONEYWELL - Nov 17, 2012 -1.25 3.00 $274.00 $479.50 $0.00 $479.50 RESOLUTION OF ERP BASES AND RESPONSES" L32788 "HONEYWELL - Dec 1, 2012 0.00 4.00 $274.00 $1,096.00 $0.00 $1,096.00 RESOLUTION OF ERP BASES AND RESPONSES" L32788 "HONEYWELL - Feb 9, 2013 7.00 0.00 $274.00 $1,918.00 $0.00 $1,918.00 RESOLUTION OF ERP BASES AND RESPONSES" L32788 "HONEYWELL - Jun 29, 2013 0.00 0.75 $274.00 $205.50 $0.00 $205.50 RESOLUTION OF ERP BASES AND RESPONSES" Total TAC Due for Docket 697.25 46.00 $203,363.00 $0.00 $203,363.00.

Inspection Report Details 2013004/04003392 2013004/04003392 Jul 13, 2013 18.00 9.00 $274.00 $7,398.00 $0.00 $7,398.00 2013004/04003392 2013004/04003392 Jul27, 2013 55.00 8.75 $274.00 $17,467.50 $0.00 $17,467.50 2013004/04003392 2013004/04003392 Aug 10, 2013 9.75 3.00 $274.00 $3,493.50 $0.00 $3,493.50 2013004/04003392 2013004/04003392 Aug 24, 2013 70.00 4.50 $274.00 $20,413.00 $0.00 $20,413.00 2013004/04003392 2013004/04003392 Sep 7, 2013 168.75 18.00 $274.00 $51,169.50 $0.00 $51,169.50 2013004/04003392 2013004/04003392 Sep 21, 2013 183.50 7.25 $272.00 $51,884.00 $0.00 $51,884.00 Adjustments 2013001/04003392 2013001/04003392 Jun 15, 2013 -5.00 0.00 $274.00 ($1,370.00) $0.00 ($1,370.00) 2013003/04003392 2013003/04003392 Jun 15, 2013 5.00 0.00 $274.00 $1,370.00 $0.00 $1,370.00 2013004/04003392 2013004/04003392 Jun 29, 2013 0.00 4.00 $274.00 $1,096.00 $0.00 $1,096.00 Total IR Due for Docket 505.00 54.50 $152,921.50 $0.00 $152,921.50 1704 of 1843

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 29 of 79 Billing Details:

Docket#: 04003392 License#: SUB-526 PART 170:

TAC/IR Number TAC/IR Name Payment Period Regular Non- Hour Rate Hourly Costs Contract Costs Total Costs End Date Hours Regular Hours Inspection Report Details TOTAL PART 170: $356,284.50 Total for License/Docket: $356,284.50 1705 of 1843

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 30 of 79 Remittance Information:

Remit To: Office of the Chief Financial Officer U.S. Nuclear Regulatory Commission P.O. Box 979051 St. Louis, MO 63197 Invoice Number Due Date Docket Amount LFB 14-0391 Nov 23, 2013 04003392 $356,286.50 Total Due: $356,286.50 1706 of 1843

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 31 of 79 Exhibit E

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 32 of 79

~ U.S.NRC Uniccd Sca res Nuclear Rcgularory Commissi on Protecting Peopk and the Environment Fiscal Year: 10/01/2013-09/30/2014 Quarter Period: 09/22/2013 - 12/28/2013 Vendor: Remit To:

HONEYWELL INTERNATIONAL, INC. Office of the Chief Financial Officer PO BOX 430 U.S. Nuclear Regulatory Commission METROPOLIS, IL 62960-0000 P.O. Box 979051 St. Louis, MO 63197 Invoices for Period:

Invoice Number Date Due Date Amount Docket LFB 14- 1691 Jan 24, 2014 Feb 23, 2014 $ 130,134.00 04003392 For questions, contact (301) 415-7554 or by email at fees.resource@nrc.gov. For NRC debt collection procedures, including interest and penalty provisions, see 31 U.S.C. 3717,4 CFR 101- 105, AND 10 CFR 15. Additional terms and conditions are attached.

Make checks payable to The U.S. Nuclear Regulatory Commission. Interest will accrue from the invoice date at an annual rate of 1%. Interest will be waived if payment is received by the due date. Please reference the invoice number on the remittance.

1879 of 2030

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 33 of 79 Billing Details:

Docket#: 04003392 License#: SUB-526 PART 170:

TAC/IR Number TAC/IR Name Payment Period Regular Non- Hour Rate Hourly Costs Contract Costs Total Costs End Date Hours Regular Hours L32759 HONEYWELL-POND Oct 5, 2013 14.50 0.00 $272.00 $3,944.00 $0.00 $3,944.00 CLOSURE L36006 HONEYWELL-HONEYWELL Oct 5, 2013 0.00 1.00 $272.00 $272.00 $0.00 $272.00 METROPOLIS WORKS DECOMMISSIONING COST ES L36026 HONEYWELL - REVIEW Nov 30, 2013 46.75 1.25 $272.00 $13,056.00 $0.00 $13,056.00 REVISED ISA

SUMMARY

SUBMITTAL FOR CONFIRM L36026 HONEYWELL - REVIEW Dec 14, 2013 109.00 0.75 $272.00 $29,852.00 $0.00 $29,852.00 REVISED ISA

SUMMARY

SUBMITTAL FOR CONFIRM L36026 HONEYWELL - REVIEW Dec 28, 2013 63.50 1.50 $272.00 $17,680.00 $0.00 $17,680.00 REVISED ISA

SUMMARY

SUBMITTAL FOR CONFIRM L60413 HONEYWELL - PROJECT Oct 5, 2013 29.50 0.00 $272.00 $8,024.00 $0.00 $8,024.00 MANAGEMENT L60413 HONEYWELL - PROJECT Oct 19, 2013 8.00 0.00 $272.00 $2,176.00 $0.00 $2,176.00 MANAGEMENT L60413 HONEYWELL - PROJECT Nov 2, 2013 33.00 0.00 $272.00 $8,976.00 $0.00 $8,976.00 MANAGEMENT L60413 HONEYWELL - PROJECT Nov 16, 2013 11.00 1.00 $272.00 $3,264.00 $0.00 $3,264.00 MANAGEMENT L60413 HONEYWELL - PROJECT Nov 30, 2013 14.50 2.00 $272.00 $4,488.00 $0.00 $4,488.00 MANAGEMENT L60413 HONEYWELL - PROJECT Dec 14, 2013 11.50 0.50 $272.00 $3,264.00 $0.00 $3,264.00 MANAGEMENT L60413 HONEYWELL - PROJECT Dec 28, 2013 25.00 1.00 $272.00 $7,072.00 $0.00 $7,072.00 MANAGEMENT Adjustments 1880 of 2030

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 34 of 79 Billing Details:

Docket#: 04003392 License#: SUB-526 PART 170:

TAC/IR Number TAC/IR Name Payment Period Regular Non- Hour Rate Hourly Costs Contract Costs Total Costs End Date Hours Regular Hours L32788 "HONEYWELL - Sep 7, 2013 -9.00 0.00 $274.00 ($2,466.00) $0.00 ($2,466.00)

RESOLUTION OF ERP BASES AND RESPONSES" L32788 "HONEYWELL - Sep 21, 2013 -16.00 -5.00 $272.00 ($5,712.00) $0.00 ($5,712.00)

RESOLUTION OF ERP BASES AND RESPONSES" Total TAC Due for Docket 341.25 4.00 $93,890.00 $0.00 $93,890.00 Inspection Report Details 2013004/04003392 2013004/04003392 Oct 5, 2013 29.75 0.00 $272.00 $8,092.00 $0.00 $8,092.00 2013004/04003392 2013004/04003392 Oct 19, 2013 4.00 0.00 $272.00 $1,088.00 $0.00 $1,088.00 2013005/04003392 2013005/04003392 Nov 2, 2013 24.00 0.00 $272.00 $6,528.00 $0.00 $6,528.00 2013005/04003392 2013005/04003392 Nov 16, 2013 32.00 0.00 $272.00 $8,704.00 $0.00 $8,704.00 2013005/04003392 2013005/04003392 Nov 30, 2013 5.00 0.00 $272.00 $1,360.00 $0.00 $1,360.00 2013005/04003392 2013005/04003392 Dec 14, 2013 23.50 0.00 $272.00 $6,392.00 $0.00 $6,392.00 2013005/04003392 2013005/04003392 Dec 28, 2013 15.00 0.00 $272.00 $4,080.00 $0.00 $4,080.00 Adjustments No Adjustments Found Total IR Due for Docket 133.25 0.00 $36,244.00 $0.00 $36,244.00 TOTAL PART 170: $130,134.00 Total for License/Docket: $130,134.00 1881 of 2030

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 35 of 79 Remittance Information:

Remit To: Office of the Chief Financial Officer U.S. Nuclear Regulatory Commission P.O. Box 979051 St. Louis, MO 63197 Invoice Number Due Date Docket Amount LFB 14-1691 Feb 23, 2014 04003392 $130,134.00 Total Due: $130,134.00 1882 of 2030

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 36 of 79 Exhibit F

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 37 of 79 February 22, 2013 TYSON R. SMITH Partner U. S. Nuclear Regulatory Commission (415) 591-6874 Office of the Chief Financial Officer trsmith@winston.com Division of Financial Management License Fee Team Mailstop T9 E10 Washington, DC 20555-0001 Re: Fee Dispute - Invoice No. LFB 13-206 Honeywell International Inc.

Metropolis Works Facility (SUB-526), Docket No. 40-3392:

I am writing on behalf of Honeywell International Inc., which operates the Metropolis Works uranium conversion facility in Metropolis, Illinois. On January 24, 2013, the NRC sent Invoice Number LFB 13-2061 in the amount of $660,888.00 to Honeywell. The invoice for Part 170 fees is for the period from September 23, 2012 through December 29, 2012.

In accordance with 10 C.F.R. § 15.31, Honeywell is disputing a portion of the invoice within the period provided by rule. In brief, some of the activities for which the NRC assessed fees in LFB 13-2061 fall outside the categories of fees that the NRC is authorized to charge to individual licensees under 10 C.F.R. Part 170. As a result, the fees should not be specifically allocated to Honeywell. A detailed explanation of our position is provided below.

Background

Temporary Instruction 2600/015 The NRCs TI 2600/015, Evaluation of Licensee Strategies for the Prevention and/or Mitigation of Emergencies at Fuel Facilities, inspection at Metropolis Works was in response to the March 2011 Tohoku-Taiheiyou-Oki earthquake near Honshu, Japan, which caused significant damage to the Fukushima Daiichi nuclear power station (Fukushima). The purpose of TI 2600-015 was to independently verify that fuel cycle licensees were adequately prepared to prevent and/or mitigate the consequences of selected licensing basis events and to evaluate the adequacy of those emergency prevention and mitigation strategies for dealing with the consequences of selected beyond licensing basis events. The one-time inspection was performed in response to the events at Fukushima. The inspection was not part of the NRCs

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 38 of 79 February 22, 2013 Page 2 normal inspection process, nor was the inspection the result of any action or inaction by Honeywell. Inspections under TI 2600-015 were performed at all major fuel cycle facilities.

Issuance of Order The NRC conducted the TI 2600/015 inspection at Metropolis on May 24-27, 20012. On August 9, 2012, the NRC issued Inspection Report 40-3392/2012-006 (EA-12-157) to Honeywell. The Inspection Report presents the results of the NRCs inspection under TI 2600-015, including two apparent violations and an unresolved item. The NRC and Honeywell discussed the inspection results at a predecisional enforcement conference at the Region II offices on August 27, 2012.

Subsequently, on October 15, 2012, the NRC issued an Order to Honeywell (ADAMS Accession No. ML12289A800), directing it to take a number of actions at MTW (specified as Items 1-6 in Section IV). The Order, which was issued pursuant to 10 C.F.R. § 2.202, specifically amends the MTW license (SUB-526) and requires, in part, that Honeywell submit an evaluation of external events, provide a safety basis for seismic and wind design, revise its Emergency Response Plan, and document necessary modifications to MTW. The NRC also directed Honeywell to submit a revised ISA Summary (License Condition 18.D) to the NRC no later than six months after resuming licensed operations at MTW.

Honeywell Response to Order Honeywell has submitted documentation that addresses several of the requirements of the Confirmatory Order. On November 8, 2012, Honeywell submitted the Quality Assurance documentation as directed by Section IV.2. On November 30, 2012, Honeywell submitted its Design Basis Report, which responds to Section IV.1. The NRC subsequently completed its acceptance review of the submittal, as documented in a letter to Honeywell, dated December 26, 2012. Honeywell has also begun to implement the required modifications, and NRC inspectors have conducted field inspections of that work.

The 4Q 2012 invoice includes charges for both the technical reviews of the submittals and the related inspection activities. Only the fees for these activities are being disputed. These activities were performed as a result of the Order, not at the request of Honeywell. A detailed explanation of the basis for the dispute and a list of the specific charges are below.

Fee Dispute Basis for Dispute Honeywell is disputing those charges on its 4Q 2012 invoice (LFB 13-2061),

dated January 24, 2012, for the NRC activities involving amendments associated with the Order.

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 39 of 79 February 22, 2013 Page 3 Under the NRCs fee regulations, these activities are excluded from the Part 170 fees and therefore should not be specifically allocated to Honeywell. Instead, these activities are indirect costs associated with the NRCs enforcement program. Enforcement-related activities are included in the annual fee calculation, in part because the benefits of the program inure to the general public welfare, rather than to a specific licensee. Charging Honeywell both a Part 170 and a Part 171 fee for the same activities would result in double payment.

The NRCs fee rule draws a distinction between enforcement activities, which benefit the public at large, and specific inspection/licensing reviews. There is no mention of fees for enforcement in the Part 170 fee schedules. And, note 2 of 10 C.F.R. § 170.31 states that

[f]ees will not be charged for orders related to civil penalties or other civil sanctions issued by the Commission under 10 CFR 2.202 or for amendments resulting specifically from the requirements of these orders. Here,Section IV of the Order issued to Honeywell specifically invokes 10 C.F.R. § 2.202.1 Section IV also amends the MTW license (SUB-526). And, these amendments are civil sanctions.2 Consequently, the fees resulting from the Confirmatory Order and associated amendments should not be charged to Honeywell under the NRCs fee-related regulations.3 Based on the above, fees that relate to activities mandated by the Order should not be allocated to Honeywell. The costs incurred during the technical reviews and inspections are the result of the NRC's decision to impose additional requirements to protect the public rather than a voluntary request by Honeywell for a change in its license or authorized activities.

Honeywell should not be charged for reviews and inspections stemming from the NRCs decision to amend the MTW license. Instead, these indirect costs, which support the generic regulatory services that the NRC provides, are captured under Part 171 (10 C.F.R. § 171.5) as overhead or general and administrative costs.

1 Section IV of the Confirmatory Order states: Accordingly, pursuant to Sections 61, 63, 161b, 161i, 161o, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202 and 10 CFR Part 40, IT IS HEREBY ORDERED THAT LICENSE NO. SUB-526 IS MODIFIED AS FOLLOWS:

2 The Administrative Procedures Act (APA) definition of a sanction includes agency actions imposing a licensing requirement or directing other compulsory or restrictive actions. 7 U.S.C. § 551(10).

3 Additional discussion in note 2 supports this conclusion. Note 2 explains that for orders unrelated to civil sanctions, fees will be charged for any resulting licensee-specific activities not otherwise exempted. This implies that, for orders related to civil sanctions like the Order issued to Honeywell fees will not be charged for the resulting licensee-specific activities, such as the NRCs licensing and inspection activities.

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 40 of 79 February 22, 2013 Page 4 Fees Being Disputed Honeywell is disputing fees for both technical reviews and inspection activities that relate to the amendments imposed by the Order. Attachment 1 provides a detailed list, by line, of those charges being disputed. A summary of the disputed charges is below:

Licensing Activities TAC/IR Regular Non-Regular TAC/IR Name Total Costs Number Hours Hours HONEYWELL -

RESOLUTION OF L32788 1056.00 61.25 $306,126.50 ERP BASES AND RESPONSES HONEYWELL METROPOLIS WORKS L32792 9.50 1.00 $2,877.00 EMERGENCY PREPAREDNESS EXERCISES HONEYWELL -

L60413 PROJECT 166.50 15.00 $49,731.00 MANAGEMENT Inspection Activities Regular Non-Regular Total TAC/IR Number TAC/IR Name Hours Hours Costs 2012005/04003392 2012005/04003392 313.50 22.75 $92,132.50 Summary of Disputed Fees Licensing Fees $358,734.50 Inspection Fees $92,132.50 TOTAL DISPUTE $450,867.00 Although the fees in dispute are only a portion of what NRC has invoiced Honeywell in LFB 13-2061, Honeywell has nevertheless submitted the full invoice payment to the NRCs fee and accounts receivable office pending a final determination of the amount of the debt. As a result, we would appreciate your prompt review of this matter. If you have any

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 41 of 79 February 22, 2013 Page 5 questions or would like to meet to discuss the dispute, please contact me at trsmith@winston.com or (415) 591-6874.

Sincerely, Tyson Smith Counsel for Honeywell International Inc.

cc: Larry Smith, MTW Plant Manager Mark Wolf, MTW Nuclear Compliance Director Michael Ferrans, General Counsel - Fluorine Products SF:350245.1

ATTACHMENT 1 - List of Disputes Fees TAC/IR Number TAC/IR Name Payment Non-Regular Contract Period End Regular Hour Rate Hourly Costs Total Costs Hours Costs Date Hours L32788 HONEYWELL - 6-Oct-2012 110.50 0.00 $274.00 $30,277.00 $0.00 $30,277.00 RESOLUTION OF ERP BASES AND RESPONSES L32788 HONEYWELL - 20-Oct-2012 84.50 8.50 $274.00 $25,482.00 $0.00 $25,482.00 RESOLUTION OF ERP BASES AND RESPONSES L32788 HONEYWELL - 3-Nov-2012 115.50 3.50 $274.00 $32,606.00 $0.00 $32,606.00 RESOLUTION OF ERP BASES AND RESPONSES L32788 HONEYWELL - 17-Nov-2012 148.00 11.50 $274.00 $43,703.00 $0.00 $43,703.00 RESOLUTION OF ERP BASES AND RESPONSES L32788 HONEYWELL - 1-Dec-2012 114.50 9.50 $274.00 $33,976.00 $0.00 $33,976.00 RESOLUTION OF ERP BASES AND RESPONSES L32788 HONEYWELL - 15-Dec-2012 312.25 12.75 $274.00 $89,050.00 $0.00 $89,050.00 RESOLUTION OF ERP BASES AND RESPONSES L32788 HONEYWELL - 29-Dec-2012 170.75 15.50 $274.00 $51,032.50 $0.00 $51,032.50 RESOLUTION OF ERP BASES AND RESPONSES L32792 HONEYWELL 1-Dec-2012 4.50 1.00 $274.00 $1,507.00 $0.00 $1,507.00 METROPOLIS WORKS EMERGENCY PREPAREDNESS EXERCISES Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 42 of 79 L32792 HONEYWELL 15-Dec-2012 5.00 0.00 $274.00 $1,370.00 $0.00 $1,370.00 METROPOLIS WORKS EMERGENCY PREPAREDNESS EXERCISES

L60413 HONEYWELL - 6-Oct-2012 34.50 0.00 $274.00 $9,453.00 $0.00 $9,453.00 PROJECT MANAGEMENT L60413 HONEYWELL - 20-Oct-2012 6.50 0.00 $274.00 $1,781.00 $0.00 $1,781.00 PROJECT MANAGEMENT L60413 HONEYWELL - 3-Nov-2012 15.50 1.00 $274.00 $4,521.00 $0.00 $4,521.00 PROJECT MANAGEMENT L60413 HONEYWELL - 17-Nov-2012 24.00 3.00 $274.00 $7,398.00 $0.00 $7,398.00 PROJECT MANAGEMENT L60413 HONEYWELL - 1-Dec-2012 36.50 6.00 $274.00 $11,645.00 $0.00 $11,645.00 PROJECT MANAGEMENT L60413 HONEYWELL - 15-Dec-2012 26.50 2.00 $274.00 $7,809.00 $0.00 $7,809.00 PROJECT MANAGEMENT L60413 HONEYWELL - 29-Dec-2012 23.00 3.00 $274.00 $7,124.00 $0.00 $7,124.00 PROJECT MANAGEMENT TAC/IR Number TAC/IR Name Payment Regular Non- Hour Rate Hourly Costs Contract Total Costs Period End Hours Regular Costs Date Hours 2012005/04003392 2012005/04003392 20-Oct-2012 4.50 0.00 $274.00 $1,233.00 $0.00 $1,233.00 2012005/04003392 2012005/04003392 3-Nov-2012 12.75 0.00 $274.00 $3,493.50 $0.00 $3,493.50 2012005/04003392 2012005/04003392 17-Nov-2012 171.75 18.75 $274.00 $52,197.00 $0.00 $52,197.00 2012005/04003392 2012005/04003392 1-Dec-2012 70.00 4.00 $274.00 $20,276.00 $0.00 $20,276.00 2012005/04003392 2012005/04003392 15-Dec-2012 29.50 0.00 $274.00 $8,083.00 $0.00 $8,083.00 2012005/04003392 2012005/04003392 29-Dec-2012 25.00 0.00 $274.00 $6,850.00 $0.00 $6,850.00 Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 43 of 79

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 44 of 79 Exhibit G

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 45 of 79 May 17, 2013 TYSON R. SMITH Partner U. S. Nuclear Regulatory Commission (415) 591-6874 Office of the Chief Financial Officer trsmith@winston.com Division of Financial Management License Fee Team Mailstop T9 E10 Washington, DC 20555-0001 Re: Fee Dispute - Invoice No. LFB 13-3439 Honeywell International Inc.

Metropolis Works Facility (SUB-526), Docket No. 40-3392:

I am writing on behalf of Honeywell International Inc., which operates the Metropolis Works uranium conversion facility in Metropolis, Illinois. On April 18, 2013, the NRC sent Invoice Number LFB 13-3439 in the amount of $855,428.00 to Honeywell. The invoice for Part 170 fees is for the period from December 30, 2012 through March 23, 2013.

In accordance with 10 C.F.R. § 15.31, Honeywell is disputing a portion of the invoice within the period provided by rule. In brief, some of the activities for which the NRC assessed fees in LFB 13-3439 fall outside the categories of fees that the NRC is authorized to charge to individual licensees under 10 C.F.R. Part 170. As a result, the fees should not be specifically allocated to Honeywell.

Honeywell is in receipt of the NRCs response, dated April 24, 2013, to an earlier letter disputing a portion of invoice LFB 13-2061, dated January 24, 2013. In that letter, the NRC concluded that the exclusion in 10 C.F.R. § 170.31, note 2, did not apply to Honeywells circumstances. Honeywell disagrees with the NRCs rationale and conclusions, as discussed further below, and is still considering its options in response to the April 24 letter. Furthermore, in order to preserve the option of seeking judicial review for the entirety of the fees charged to Honeywell for activities involving the amendments in the Confirmatory Order, Honeywell is disputing a portion of invoice LFB 13-3439. A detailed explanation of our position is provided below. Honeywell also specifically incorporates by reference the background, rationale, and basis for the fee dispute included in the letter from myself to the NRC, dated February 22, 2013, regarding LFB 13-2061.

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 46 of 79 May 17, 2013 Page 2 Fee Dispute Basis for Dispute Honeywell is disputing the charges on its 1Q 2013 invoice (LFB 13-3439), dated April 18, 2013, for the NRC activities involving amendments associated with the Confirmatory Order issued to Honeywell on October 15, 2012 (ADAMS Accession No. ML12289A800). That Order directs Honeywell to take a number of actions at MTW (specified as Items 1-6 in Section IV). Under the NRCs fee regulations, these activities are specifically excluded, by rule, from the Part 170 fees and therefore should not be specifically allocated to Honeywell.

Note 2 of 10 C.F.R. § 170.31 states that [f]ees will not be charged for orders related to civil penalties or other civil sanctions issued by the Commission under 10 CFR 2.202 or for amendments resulting specifically from the requirements of these orders. Here,Section IV of the Order issued to Honeywell specifically invokes 10 C.F.R. § 2.202.1 Section IV also amends the MTW license (SUB-526). The Order constitutes a civil sanction by imposing specific enforceable obligations.2 Consequently and under the plain meaning of the NRCs regulation, the fees resulting from NRC reviews associated with the amendments in the Confirmatory Order should not be charged to Honeywell.3 In the response to an earlier fee dispute involving the Order, the NRC cites 10 C.F.R. § 170.12(d), which authorizes the NRC to collect user fees associated with specific services provided by the Commission, including responses to Confirmatory Action Letters (CALs). However, the fees charged to Honeywell were associated with a Confirmatory Order, not a CAL.4 Further, Section 170.12(d) states the user fees would apply unless otherwise 1

Section IV of the Confirmatory Order states: Accordingly, pursuant to Sections 61, 63, 161b, 161i, 161o, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202 and 10 CFR Part 40, IT IS HEREBY ORDERED THAT LICENSE NO. SUB-526 IS MODIFIED AS FOLLOWS:

2 The Administrative Procedures Act (APA) definition of a sanction includes agency actions imposing a licensing requirement or directing other compulsory or restrictive actions. 5 U.S.C. § 551(10).

3 Additional discussion in note 2 supports this conclusion. Note 2 explains: for orders unrelated to civil sanctions, fees will be charged for any resulting licensee-specific activities not otherwise exempted. This implies that, for orders related to civil sanctions like the Order issued to Honeywell fees will not be charged for the resulting licensee-specific activities, such as the NRCs licensing and inspection activities.

4 In Section II, the Confirmatory Order explicitly supersedes the CAL issued to Honeywell on July 13, 2012. Unlike a Confirmatory Order, a CAL is not directly enforceable.

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 47 of 79 May 17, 2013 Page 3 exempt from fees. Fees associated with amendments in a Confirmatory Order are specifically exempted, by rule, in note 2 of 10 C.F.R. § 170.31. As a result, section 170.12(d) does not provide an independent basis for charging fees for amendments in the Confirmatory Order that are otherwise exempted by note 2 of 10 C.F.R. § 170.31.

Citing Mississippi Power & Light Co. v. NRC, the NRC also states that the legality of the NRCs fee schedule, including its ability to charge for technical reviews and inspections has been sustained by the courts. The NRC, therefore, disagrees with Honeywells claims that the NRC is precluded from assessing Part 170 user fees to recover its costs for conducting these activities. To be clear, Honeywell is not disputing the NRCs authority under applicable statutes to issue regulations imposing charges for technical reviews and inspections, including for amendments associated with a Confirmatory Order. Whether the NRC has such authority or not, the fee rule language itself is clear that the NRC will not charge fees for reviews of amendments imposed in the Confirmatory Order. Indeed, we are hard pressed to identify circumstances that would fall more squarely within the exemption in note 2 of 10 C.F.R. § 170.31 than the present. Honeywell is therefore disputing the NRCs application of 10 C.F.R. § 170.31, not the NRCs overall authority to charge for licensing reviews or inspections.

The NRC concludes its letter by asserting that 10 C.F.R. § 170.31, note 2, does not apply to Honeywells circumstances because Honeywell voluntarily consented to undertaking the actions imposed by the Order. But, the fact that Honeywell consented to the Orders issuance by waiving its right to a hearing does not, in any sense, make the requirements of the Order voluntary.5 To the contrary, the NRCs Enforcement Manual (at 3-32) explains that issuance of an Order, instead of a CAL, is needed to ensure that a legally binding requirement is in place. The Order therefore was specifically intended to impose (and has the effect of imposing) binding obligations on Honeywell in accordance with the Administrative Procedures Act (APA). Moreover, as a practical matter, NRC representatives had indicated a willingness to unilaterally issue an order had Honeywell not consented to undertaking the actions imposed by the Order. The actual circumstances were therefore coercive in effect, in addition to being legally binding.

The NRC letter also asserts that the term civil sanctions implies a level of coercion and a lack-of-choice on the part of the licensee. According to the letter, because the Order merely confirmed Honeywells proposed actions, it cannot be formally viewed as an order that relates to a civil sanction under a commonsense understanding of those terms.6 But, if 5

There is also no distinction between an Order and a Confirmatory Order in the NRCs rules they are both Orders. See also 10 C.F.R. § 2.202(d) (An order that has been consented to shall have the same force and effect as an order made after hearing by a presiding officer or the Commission, and shall be effective as provided in the order.).

6 According to the court in Welch v. Spangler, consent decrees or consent orders, which are analogs to NRC confirmatory orders, are specifically intended to have a coercive effect.

939 F.2d 570, 572 (8th Cir. 1981).

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 48 of 79 May 17, 2013 Page 4 that were the case, then there would be no need for the NRC to issue an Order in the first instance. The NRC could have elected to simply monitor Honeywells actions in response to the TI inspection findings as part of the normal regulatory process. Once the NRC elected to amend Honeywells license through the Confirmatory Order, the actions were no longer voluntary commitments that could be changed by Honeywell they became compulsory obligations, imposed by amending Honeywells license (SUB-526).

Further, the term sanction has a specific meaning under the APA. A sanction, as defined in 5 U.S.C. § 551(10), includes agency actions imposing a licensing requirement or directing other compulsory or restrictive actions. The Order undoubtedly imposed new and binding obligations on Honeywell. The fact that Honeywell consented to issuance of the Order by waiving its right to request a hearing does not render its obligations any less compulsory or change the legal nature of the Order.7 Based on the above, fees that relate to activities mandated by the Order should not be allocated to Honeywell. The costs incurred during the technical reviews and inspections are the result of the NRCs decision to impose additional requirements by Order. Honeywell should not be charged for reviews and inspections stemming from the NRCs decision to amend the MTW license. Instead, these indirect costs, which support the generic regulatory process, must be captured under Part 171 (10 C.F.R. § 171.5).

Fees Being Disputed Honeywell is disputing fees for both technical reviews and inspection activities that relate to the amendments imposed by the Order. Attachment 1 provides a detailed list, by line, of those charges being disputed. A summary of the disputed charges is below:

7 There is no support in the caselaw for the NRCs assertion that Honeywells consent to the order changes the Order from a civil sanction to something else. Courts have consistently treated consent orders or consent decrees, which are terms used by other agencies for the same administrative vehicle as the NRCs Confirmatory Order, as civil sanctions despite the fact that the parties voluntarily entered into the agreement. See, e.g., U.S. v. Hudson, 14 F.3d 536 (10th Cir. 1994); U.S. v. Morgan, 51 F.3d 1105 (2d Cir.

1995); Armstrong v. Asarco Inc., 138 F.3d 382, 388 (8th Cir. 1988); U.S. v. Marcus Schloss & Co., Inc., 724 F.Supp. 1123 (S.D.N.Y. 1989).

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 49 of 79 May 17, 2013 Page 5 Licensing Activities TAC/IR Regular Non-Regular TAC/IR Name Total Costs Number Hours Hours HONEYWELL -

RESOLUTION OF L32788 1756.75 96.75 $507,859 ERP BASES AND RESPONSES Inspection Activities Regular Non-Regular TAC/IR Number TAC/IR Name Total Costs Hours Hours 2013001/04003392 2013001/04003392 74.25 0 $20,344.50 2013002/04003392 2013002/04003392 476.00 46.50 $143,165.00 2013003/04003392 2013003/04003392 5.50 0 $1507.00 2013401/04003392 2013401/04003392 72.00 0 $19,728.00 Summary of Disputed Fees Licensing Fees $507,859 Inspection Fees $184,744 TOTAL DISPUTE $692,603.00 Although the fees in dispute are only a portion of what NRC has invoiced Honeywell in LFB 13-3439, Honeywell has nevertheless submitted the full invoice payment to the NRCs fee and accounts receivable office pending a final determination of the amount of the debt. As a result, we would appreciate your prompt review of this matter. If you have any questions or would like to meet to discuss the dispute, please contact me at trsmith@winston.com or (415) 591-6874.

Sincerely, Tyson Smith Counsel for Honeywell International Inc.

cc: Larry Smith, MTW Plant Manager Mark Wolf, MTW Nuclear Compliance Director Michael Ferrans, General Counsel - Fluorine Products SF:354149.1

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 50 of 79 ATTACHMENT 1 - List of Disputes Fees TAC/IR Number TAC/IR Name Payment Non-Regular Contract Period End Regular Hour Rate Hourly Costs Total Costs Hours Costs Date Hours L32788 HONEYWELL - 6-Oct-2012 41.00 8.00 $274.00 $13,426.00 $0.00 $13,426.00 RESOLUTION OF ERP BASES AND RESPONSES L32788 HONEYWELL - 12-Jan-2013 189.50 14.00 $274.00 $55,759.00 $0.00 $55,759.00 RESOLUTION OF ERP BASES AND RESPONSES L32788 HONEYWELL - 26-Jan-2013 263.00 13.00 $274.00 $75,624.00 $0.00 $75,624.00 RESOLUTION OF ERP BASES AND RESPONSES L32788 HONEYWELL - 9-Feb-2013 398.50 31.50 $274.00 $117,820.00 $0.00 $117,820.00 RESOLUTION OF ERP BASES AND RESPONSES L32788 HONEYWELL - 23-Feb-2013 309.50 17.50 $274.00 $89,598.00 $0.00 $89,598.00 RESOLUTION OF ERP BASES AND RESPONSES L32788 HONEYWELL - 9-Mar-2013 328.75 8.50 $274.00 $92,406.50 $0.00 $92,406.50 RESOLUTION OF ERP BASES AND RESPONSES L32788 HONEYWELL - 23-Mar-2013 226.50 4.25 $274.00 $63,225.50 $0.00 $63,225.50 RESOLUTION OF ERP BASES AND RESPONSES

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 51 of 79 Inspection Report Details TAC/IR Number TAC/IR Name Payment Regular Non- Hour Rate Hourly Costs Contract Total Costs Period End Hours Regular Costs Date Hours 2012001/04003392 2012001/04003392 12-Jan-2013 3.00 0.00 $274.00 $822.00 $0.00 $822.00 2012001/04003392 2012001/04003392 26-Jan-2013 10.50 0.00 $274.00 $2,877.00 $0.00 $2,877.00 2013001/04003392 2013001/04003392 9-Feb-2013 3.00 0.00 $274.00 $822.00 $0.00 $822.00 2013001/04003392 2013001/04003392 23-Feb-2013 21.75 0.00 $274.00 $5,959.50 $0.00 $5,959.50 2013001/04003392 2013001/04003392 9-Mar-2013 21.00 0.00 $274.00 $5,754.00 $0.00 $5,754.00 2013001/04003392 2013001/04003392 23-Mar-2013 15.00 0.00 $274.00 $4,110.00 $0.00 $4,110.00 2013002/04003392 2013002/04003392 12-Jan-2013 72.00 5.50 $274.00 $21,235.00 $0.00 $21,235.00 2013002/04003392 2013002/04003392 26-Jan-2013 139.00 14.00 $274.00 $41,922.00 $0.00 $41,922.00 2013002/04003392 2013002/04003392 9-Feb-2013 103.00 16.50 $274.00 $32,743.00 $0.00 $32,743.00 2013002/04003392 2013002/04003392 23-Feb-2013 9.00 0.00 $274.00 $2,466.00 $0.00 $2,466.00 2013002/04003392 2013002/04003392 9-Mar-2013 98.00 10.50 $274.00 $29,729.00 $0.00 $29,729.00 2013002/04003392 2013002/04003392 23-Mar-2013 55.00 0.00 $274.00 $15,070.00 $0.00 $15,070.00 2013003/04003392 2013003/04003392 23-Mar-2013 5.50 0.00 $274.00 $1,507.00 $0.00 $1,507.00 2013401/04003392 2013401/04003392 9-Mar-2013 72.00 0.00 $274.00 $19,728.00 $0.00 $19,728.00

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 52 of 79 Exhibit H

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 53 of 79 August 13, 2013 TYSON R. SMITH Partner U. S. Nuclear Regulatory Commission (415) 591-6874 Office of the Chief Financial Officer trsmith@winston.com Division of Financial Management License Fee Team Mailstop T9 E10 Washington, DC 20555-0001 Re: Fee Dispute - Invoice No. LFB 13-4946 Honeywell International Inc.

Metropolis Works Facility (SUB-526), Docket No. 40-3392:

I am writing on behalf of Honeywell International Inc., which operates the Metropolis Works uranium conversion facility in Metropolis, Illinois. On July 25, 2013, the NRC sent Invoice Number LFB 13-4946 in the amount of $881,389.50 to Honeywell. The invoice for Part 170 fees is for the period from March 24, 2013 through June 29, 2013.

In accordance with 10 C.F.R. § 15.31, Honeywell is disputing a portion of the invoice within the period provided by rule. In brief, some of the activities for which the NRC assessed fees in LFB 13-4946 fall outside the categories of fees that the NRC is authorized to charge to individual licensees under 10 C.F.R. Part 170. As a result, the fees should not be specifically allocated to Honeywell.

Honeywell is in receipt of the NRCs response, dated April 24, 2013, to an earlier letter disputing a portion of invoice LFB 13-2061, dated January 24, 2013. In that letter, the NRC stated that the exclusion in 10 C.F.R. § 170.31, note 2, did not apply to Honeywells circumstances. In a letter from Honeywell to the NRC, dated May 17, 2013, Honeywell explained its basis for disagreeing with the NRCs rationale and conclusions. In the May 17 letter, Honeywell also disputed a portion of invoice LFB 13-3439. Honeywell has not to date received a response to its May 17 letter.

In order to preserve the option of seeking judicial review for the entirety of the fees charged to Honeywell for activities involving the amendments in the Confirmatory Order, Honeywell is disputing a portion of invoice LFB 13-4946. Rather than repeat the detailed explanation of our position provided previously, Honeywell specifically incorporates by reference the background, rationale, and basis for the fee dispute included in the letters from

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 54 of 79 August 13, 2013 Page 2 myself to the NRC, dated February 22 and May 17, 2013, regarding LFB 13-2061 and LFB 13-3439, respectively. A summary of the basis for the fee dispute with a portion of LFB 13-4946, as well as a detailed listing of the specific fees being challenged, is provided below.

Fee Dispute Basis for Dispute Honeywell is disputing the charges on its 2Q 2013 invoice (LFB 13-4946), dated July 25, 2013, for the NRC activities involving amendments associated with the Confirmatory Order issued to Honeywell on October 15, 2012 (ADAMS Accession No. ML12289A800). That Order directs Honeywell to take a number of actions at MTW (specified as Items 1-6 in Section IV). Under the NRCs fee regulations, these activities are specifically excluded, by rule, from the Part 170 fees and therefore should not be specifically allocated to Honeywell.

Note 2 of 10 C.F.R. § 170.31 states that [f]ees will not be charged for orders related to civil penalties or other civil sanctions issued by the Commission under 10 CFR 2.202 or for amendments resulting specifically from the requirements of these orders. Here,Section IV of the Order issued to Honeywell specifically invokes 10 C.F.R. § 2.202.1 Section IV also amends the MTW license (SUB-526). The Order constitutes a civil sanction by imposing specific enforceable obligations. Consequently and under the plain meaning of the NRCs regulation, the fees resulting from NRC reviews associated with the amendments in the Confirmatory Order should not be charged to Honeywell.2 Fees Being Disputed Honeywell is disputing fees for both technical reviews and inspection activities that relate to the amendments imposed by the Order. Attachment 1 provides a detailed list, by line, of those charges being disputed. A summary of the disputed charges is below:

1 Section IV of the Confirmatory Order states: Accordingly, pursuant to Sections 61, 63, 161b, 161i, 161o, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202 and 10 CFR Part 40, IT IS HEREBY ORDERED THAT LICENSE NO. SUB-526 IS MODIFIED AS FOLLOWS:

2 Additional discussion in note 2 supports this conclusion. Note 2 explains: for orders unrelated to civil sanctions, fees will be charged for any resulting licensee-specific activities not otherwise exempted. This implies that, for orders related to civil sanctions like the Order issued to Honeywell fees will not be charged for the resulting licensee-specific activities, such as the NRCs licensing and inspection activities.

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 55 of 79 August 13, 2013 Page 3 Licensing Activities TAC/IR Regular Non-Regular TAC/IR Name Total Costs Number Hours Hours HONEYWELL -

RESOLUTION OF L32788 1617.00 73.00 $463,060.00 ERP BASES AND RESPONSES Inspection Activities Regular Non-Regular TAC/IR Number TAC/IR Name Total Costs Hours Hours 2013001/04003392 2013001/04003392 8.00 0 $2,192.00 2013002/04003392 2013002/04003392 7.50 0 $2,055.00 2013003/04003392 2013003/04003392 871.00 60.75 $255,299.50 2013004/04003392 2013004/04003392 5.50 0 $1,507.00 Summary of Disputed Fees Licensing Fees $463,060.00 Inspection Fees $261,053.50 TOTAL DISPUTE $724,113.50 Although the fees in dispute are only a portion of what NRC has invoiced Honeywell in LFB 13-4946, Honeywell has nevertheless submitted the full invoice payment to the NRCs fee and accounts receivable office pending a final determination of the amount of the debt. As a result, we would appreciate your prompt review of this matter. Separately, we believe that it would be beneficial at this time to discuss this matter by telephone or in person to assist in understanding the basis for the fee dispute and your response. During that discussion, we could also explore whether there are alternative methods to address the issues raised in our letters. I will contact the persons identified in your earlier correspondence to arrange such a discussion. In the meantime, if you have any questions, please contact me at trsmith@winston.com or (415) 591-6874.

Sincerely, Tyson Smith Counsel for Honeywell International Inc.

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 56 of 79 August 13, 2013 Page 4 cc: Larry Smith, MTW Plant Manager Mark Wolf, MTW Nuclear Compliance Director Michael Ferrans, General Counsel - Fluorine Products SF:359164.1

ATTACHMENT 1 - List of Disputed Fees TAC/IR Number TAC/IR Name Payment Non-Regular Contract Period End Regular Hour Rate Hourly Costs Total Costs Hours Costs Date Hours L32788 HONEYWELL - 6-Apr-2013 250.75 8.50 $274.00 $71,034.50 $0.00 $71,034.50 RESOLUTION OF ERP BASES AND RESPONSES L32788 HONEYWELL - 20-Apr-2013 196.25 9.25 $274.00 $56,307.00 $0.00 $56,307.00 RESOLUTION OF ERP BASES AND RESPONSES L32788 HONEYWELL - 4-May-2013 190.50 4.50 $274.00 $53,430.00 $0.00 $53,430.00 RESOLUTION OF ERP BASES AND RESPONSES L32788 HONEYWELL - 18-May-2013 224.00 11.75 $274.00 $64,595.50 $0.00 $64,595.50 RESOLUTION OF ERP BASES AND RESPONSES L32788 HONEYWELL - 1-Jun-2013 218.50 6.50 $274.00 $61,650.00 $0.00 $61,650.00 RESOLUTION OF ERP BASES AND RESPONSES L32788 HONEYWELL - 15-Jun-2013 267.25 14.75 $274.00 $77,268.00 $0.00 $77,268.00 RESOLUTION OF ERP BASES AND RESPONSES L32788 HONEYWELL - 29-Jun-2013 269.75 17.75 $274.00 $78,775.00 $0.00 $78,775.00 RESOLUTION OF ERP BASES AND RESPONSES Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 57 of 79

Inspection Report Details TAC/IR Number TAC/IR Name Payment Regular Non- Hour Rate Hourly Costs Contract Total Costs Period End Hours Regular Costs Date Hours 2013001/04003392 2013001/04003392 4-May-2013 3.00 0.00 $274.00 $822.00 $0.00 $822.00 2013001/04003392 2013001/04003392 15-Jun-2013 5.00 0.00 $274.00 $1,370.00 $0.00 $1,370.00 2013002/04003392 2013002/04003392 6-Apr-2013 7.50 0.00 $274.00 $2,055.00 $0.00 $2,055.00 2013003/04003392 2013003/04003392 6-Apr-2013 58.75 0.00 $274.00 $16,097.50 $0.00 $16,097.50 2013003/04003392 2013003/04003392 20-Apr-2013 196.25 12.25 $274.00 $57,129.00 $0.00 $57,129.00 2013003/04003392 2013003/04003392 4-May-2013 119.00 9.00 $274.00 $35,072.00 $0.00 $35,072.00 2013003/04003392 2013003/04003392 18-May-2013 227.00 23.50 $274.00 $68,637.00 $0.00 $68,637.00 2013003/04003392 2013003/04003392 1-Jun-2013 93.00 0.00 $274.00 $25,482.00 $0.00 $25,482.00 2013003/04003392 2013003/04003392 15-Jun-2013 142.00 16.00 $274.00 $43,292.00 $0.00 $43,292.00 2013003/04003392 2013003/04003392 29-Jun-2013 35.00 0.00 $274.00 $9,590.00 $0.00 $9,590.00 2013004/04003392 2013004/04003392 18-May-2013 0.50 0.00 $274.00 $137.00 $0.00 $137.00 2013004/04003392 2013004/04003392 29-Jun-2013 5.00 0.00 $274.00 $1,370.00 $0.00 $1,370.00 Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 58 of 79

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 59 of 79 Exhibit I

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 60 of 79 November 21, 2013 TYSON R. SMITH Partner U. S. Nuclear Regulatory Commission (415) 591-6874 Office of the Chief Financial Officer trsmith@winston.com Division of Financial Management License Fee Team Mailstop T9 E10 Washington, DC 20555-0001 Re: Fee Dispute - Invoice No. LFB 14-0391 Honeywell International Inc.

Metropolis Works Facility (SUB-526), Docket No. 40-3392:

I am writing on behalf of Honeywell International Inc., which operates the Metropolis Works (MTW) uranium conversion facility in Metropolis, Illinois. On October 24, 2013, the NRC sent Invoice Number LFB 14-0391 in the amount of $356,286.50 to Honeywell.

The invoice for Part 170 fees is for the period from June 30, 2013 through September 21, 2013.

In accordance with 10 C.F.R. § 15.31, Honeywell is disputing a portion of the invoice within the period provided by rule. In brief, some of the activities for which the NRC assessed fees in LFB 14-0391 fall outside the categories of fees that the NRC is authorized to charge to individual licensees under 10 C.F.R. Part 170. As a result, the fees should not be specifically allocated to Honeywell.

Honeywell is in receipt of the NRCs responses, dated April 24, 2013, September 3, 2013, and October 9, 2013, to earlier fee disputes involving the same set of circumstances.

Honeywell continues to believe that the NRC is incorrectly applying its fee regulations in 10 C.F.R. § 170.31. In order to preserve the option of seeking judicial review for the entirety of the fees charged to Honeywell for activities involving the amendments in the Confirmatory Order, Honeywell is disputing a portion of invoice LFB 14-0391. Rather than repeat the detailed explanation of our position provided previously, Honeywell specifically incorporates by reference the background, rationale, and basis for the fee dispute included in the letters from myself to the NRC, dated February 22, 2013, May 17, 2013, and August 13, 2013, regarding LFB 13-2061, LFB 13-3439, and LFB 13-4946, respectively. A summary of the basis for the fee dispute with a portion of LFB 14-0391, as well as a detailed listing of the specific fees being challenged, is provided below.

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 61 of 79 November 21, 2013 Page 2 Fee Dispute Basis for Dispute Honeywell is disputing the charges on its 3Q 2013 invoice (LFB 14-0391), dated October 24, 2013, for the NRC activities involving amendments associated with the Confirmatory Order issued to Honeywell on October 15, 2012 (ADAMS Accession No. ML12289A800). That Order directs Honeywell to take a number of actions at MTW (specified as Items 1-6 in Section IV). Under the NRCs fee regulations, these activities are specifically excluded, by rule, from the Part 170 fees and therefore should not be specifically allocated to Honeywell.

Note 2 of 10 C.F.R. § 170.31 states that [f]ees will not be charged for orders related to civil penalties or other civil sanctions issued by the Commission under 10 CFR 2.202 or for amendments resulting specifically from the requirements of these orders. Here,Section IV of the Order issued to Honeywell specifically invokes 10 C.F.R. § 2.202.1 Section IV also amends the MTW license (SUB-526). The Order constitutes a civil sanction by imposing specific enforceable obligations and by amending the MTW license. Consequently and under the plain meaning of the NRCs regulation, the fees resulting from NRC reviews associated with the amendments in the Confirmatory Order should not be charged to Honeywell.2 Fees Being Disputed Honeywell is disputing fees for technical reviews that relate to the amendments imposed by the Order. A summary of the disputed charges is below:

1 Section IV of the Confirmatory Order states: Accordingly, pursuant to Sections 61, 63, 161b, 161i, 161o, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202 and 10 CFR Part 40, IT IS HEREBY ORDERED THAT LICENSE NO. SUB-526 IS MODIFIED AS FOLLOWS:

2 Additional discussion in note 2 supports this conclusion. Note 2 explains: for orders unrelated to civil sanctions, fees will be charged for any resulting licensee-specific activities not otherwise exempted. This implies that, for orders related to civil sanctions like the Order issued to Honeywell fees will not be charged for the resulting licensee-specific activities, such as the NRCs licensing and inspection activities.

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 62 of 79 November 21, 2013 Page 3 Licensing Activities (including adjustments)

TAC/IR Regular Non-Regular TAC/IR Name Total Costs Number Hours Hours HONEYWELL -

RESOLUTION OF L32788 178.25 30.00 $57,018.50 ERP BASES AND RESPONSES Although the fees in dispute are only a portion of what NRC has invoiced Honeywell in LFB 14-0391, Honeywell has nevertheless submitted the full invoice payment to the NRCs fee and accounts receivable office pending a final determination of the amount of the debt.

Separately, we believe that it would be beneficial at this time to discuss this matter by telephone or in person to assist in understanding the basis for the fee dispute and your response. During that discussion, we could also explore whether there are alternative methods to address the issues raised in our letters. I will contact the persons identified in your earlier correspondence to arrange such a discussion. In the meantime, if you have any questions, please contact me at trsmith@winston.com or (415) 591-6874.

Sincerely, Tyson Smith Counsel for Honeywell International Inc.

cc: Larry Smith, MTW Plant Manager Mark Wolf, MTW Nuclear Compliance Director Michael Ferrans, General Counsel - Fluorine Products SF:364928.1

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 63 of 79 Exhibit J

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 64 of 79 WINSTON & ST RAWN LLP BEIJING 101 CALIFORNIA STREET MOSCOW CHARLOTTE SAN FRANCISCO, CALIFORNIA 94111 NEW YORK CHICAGO NEWARK

+1 (415) 591 -100 0 GENEVA PARIS HONG KONG SAN FRANCISCO FACSIMILE+1 (415) 591 -140 0 HOUSTON SHANGHAI LONDON www.w inston.com WASHINGTON, D.C, LOS ANGELES February 21,2014 TYSON R. SMITH Partner U. S. Nuclear Regulatory Commission (415) 591-6874 Office of the Chief Financial Officer trsmith@winston.com Division of Financial Management License Fee Team Mailstop T9 E10 Washington, DC 20555-0001 Re: Fee Dispute - Invoice No. LFB 14-1691 Honeywell International Inc.

Metropolis Works Facility (SUB-526), Docket No. 40-3392:

I am writing on behalf of Honeywell International Inc., which operates the Metropolis Works uranium conversion facility in Metropolis, Illinois. On January 24, 2014, the NRC sent Invoice Number LFB 14-1691 in the amount of $130,134.00 to Honeywell. The invoice for Part 170 fees is for the period from September 22, 2013 through December 28, 2013.

In accordance with 10 C.F.R. § 15.31, Honeywell is disputing a portion of the invoice within the period provided by rule. In brief, some of the activities for which the NRC assessed fees in LFB 14-1691 fall outside the categories of fees that the NRC is authorized to charge to individual licensees under 10 C.F.R. Part 170. As a result, the fees should not be specifically allocated to Honeywell.

Honeywell is in receipt of the NRC's responses, dated April 24, 2013, September 3, 2013, and October 9, 2013, to earlier fee disputes involving the same set of circumstances.

Honeywell continues to believe that the NRC is incorrectly applying its fee regulations in 10 C.F.R. § 170.31. In order to preserve the option of seeking judicial review for the entirety of the fees charged to Honeywell for activities involving the amendments in the Confirmatory Order, Honeywell is disputing a portion of invoice LFB 14-1691. Rather than repeat the detailed explanation of our position provided previously, Honeywell specifically incorporates by reference the background, rationale, and basis for the fee dispute included in the letters from myself to the NRC, dated February 22, 2013, May 17, 2013, August 13, 2013, and November 21, 2013, regarding LFB 13-2061, LFB 13-3439, LFB 13-4946, and LFB 14-0391, respectively. A summary of the basis for the fee dispute with a portion of LFB 14-1691, as well as a detailed listing of the specific fees being challenged, is provided below.

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 65 of 79 WINSTON & STEAWNIXP February 21, 2014 Page 2 Fee Dispute Basis for Dispute Floneywell is disputing the charges on its 4Q 2013 invoice (LFB 14-1691), dated January 24, 2013, for the NRC activities involving amendments associated with the Confirmatory Order issued to Honeywell on October 15, 2012 (ADAMS Accession No. ML12289A800). That Order directs Floneywell to take a number of actions at MTW (specified as Items 1-6 in Section IV). Under the NRC's fee regulations, these activities are specifically excluded, by rule, from the Part 170 fees and therefore should not be specifically allocated to Honeywell.

Note 2 of 10 C.F.R. § 170.31 states that "[f]ees will not be charged for orders related to civil penalties or other civil sanctions issued by the Commission under 10 CFR 2.202 or for amendments resulting specifically from the requirements of these orders." Here,Section IV of the Order issued to Honeywell specifically invokes 10 C.F.R. § 2.202.1 Section IV also amends the MTW license (SUB-526). The Order constitutes a civil sanction by imposing specific enforceable obligations and by amending the MTW license. Consequently and under the plain meaning of the NRC's regulation, the fees resulting from NRC reviews associated with the amendments in the Confirmatory Order should not be charged to Honeywell.2 Fees Being Disputed Honeywell is disputing fees for technical reviews that relate to the amendments imposed by the Order. Although the fees in dispute are only a portion of what NRC has invoiced Honeywell in LFB 14-01691, Honeywell has nevertheless submitted the full invoice payment to the NRC's fee and accounts receivable office pending a final determination of the amount of the debt. The disputed charges are listed below by TAC/IR Number:

Section IV of the Confirmatory Order states: "Accordingly, pursuant to Sections 61, 63, 161b, 161i, 161o, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202 and 10 CFR Part 40, IT IS HEREBY ORDERED THAT LICENSE NO. SUB-526 IS MODIFIED AS FOLLOWS:"

Additional discussion in note 2 supports this conclusion. Note 2 explains: "for orders unrelated to ... civil sanctions, fees will be charged for any resulting licensee-specific activities not otherwise exempted." This implies that, for orders related to civil sanctions like the Order issued to Honeywell fees will not be charged for the resulting licensee-specific activities, such as the NRC's licensing and inspection activities.

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 66 of 79 WINSTON & STRAWNLLP February 21, 2014 Page 3 Licensing Activities TAC/IR Regular Non-Regular TAC/IR Name Total Costs Number Hours Hours HONEYWELL - REVIEW REVISED ISA L36026 219.25 3.5 $60,588

SUMMARY

SUBMITTAL FOR CONFIRM Separately, we believe that it would be beneficial at this time to discuss this matter by telephone or in person to assist in understanding the basis for the fee dispute and your response. During that discussion, we could also explore whether there are alternative methods to address the issues raised in our letters. I will contact the persons identified in your earlier correspondence to arrange such a discussion. In the meantime, if you have any questions, please contact me at trsmith@winston.com or (415) 591-6874.

Sincerely, "TV-Tyson Smith Counsel for Honeywell International Inc.

cc: James Pritchett, MTW Plant Manager Mark Wolf, MTW Nuclear Compliance Director Michael Ferrans, General Counsel - Fluorine Products SF:369335.1

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 67 of 79 Exhibit K

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 68 of 79 CHIEF FINANCIAL OFFICER April 24, 2013 Mr. Tyson Smith, Partner Winston & Strawn LLP.

101 California Street San Francisco, CA 94111

Dear Mr. Smith:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter of February 22, 2013, disputing a portion of the fees for Honeywell International Inc., (HoneyWell)

Metropolis Works uranium conversion facility. Your letter disputed $358,734.50 in technical-review fees and $92,132.50 in inspection fees, as stated on the fourth quarter invoice dated January 24, 2012. These fees relate to actions Honeywell committed to taking in response to findings in an NRC inspection report. The NRC initially captured Honeywell's commitment to take certain actions by issuing a Confirmatory Action Letter (CAL) 1 dated July 13, 2012. To resolve two apparent violations of NRC regulations emanating from NRC's inspection findings, a

Honeywell later agreed to Confirmatory Orde~, which the NRC issued on October 15, 2012.

The Confirmatory Order more specifically addresses Honeywell's commitments described in the CAL; makes those commitments legally enforceable; and, assuming Honeywell satisfies its commitments, forecloses NRC enforcement action based on the two apparent violations.

Consistent with NRC's longstanding practice, the NRC did not assess Honeywell any fees to recover the agency's costs in preparing the CAL or the Order.

In response to the Confirmatory Order, and consistent with its commitments described in the CAL, Honeywell submitted technical documents to the NRC addressing issues raised by the NRC's inspection findings. Honeywell also submitted additional Quality Assurance documentation and a revised Design Basis Report. The NRC reviewed and accepted these technical submittals. After acceptance, Honeywell began implementing the required changes and the NRC inspected Honeywell's work. Honeywell now disputes the fees associated with the NRC's technical review and inspection activities~

The NRC disagrees with Honeywell's conclusion that the NRC is precluded for charging fees for these activities.

  • The NRC properly assesses Part 170 "user fees" for specific regulatory activities. 10 CFR § 170.12(d), for instance, provides in relevant part:

(d) Special Project Fees.

(1) All special projects performed by the Commission, unless otherwise exempt from fees or for which fees are otherwise specified in this part, will be assessed fees to recover the full cost of the service provided. Special projects means 1 See ADAMS Accession No. ML12195A212 2 See ADAMS Accession No. ML12289A800

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 69 of 79 T. Smith specific services provided by the Commission, including but not limited to- ...

(iii) Responses to Confirmatory Action Letters.

This regulation, therefore, encompasses the work that the NRC spent reviewing Honeywell's technical submissions because those submittals related to the Confirmatory Action Letter that the NRC had previously issued to Honeywell. The $358,734.50 in technical-review fees that the NRC assessed Honeywell were proper because they resulted from the work that the NRC spent reviewing Honeywell's technical submissions. Honeywell was the direct recipient and beneficiary of these NRC regulatory services. As such, the NRC properly assessed Honeywell Part 170 user fees for these licensing activities.

The $92,132.50 in inspection fees were also properly assessed by the NRC. These inspection fees resulted from the NRC staff's performance of follow-up inspections to ensure that Honeywell adequately complied with the Confirmatory Order. These NRC inspections, therefore, were fee-recoverable regulatory activities under 10 CFR Part 170.12(c)(2). That regulations provides:

Inspection fees will be assessed to recover the full cost for each specific inspection, including plant-or licensee-specific performance reviews and assessments, evaluations, and incident investigations. For inspections that result in the issuance of an inspection report, fees will be assessed for costs incurred up to approximately 30 days after the inspection report is issued. The costs for these inspections include preparation time, time on site, documentation time, and follow-up activities and any associated contractual service costs, but exclude the time involved in the processing and issuance of a notice of violation or civil penalty.

The legality of NRC's fee schedule, including its ability to charge for technical reviews and inspections has been sustained by the courts. Mississippi Power & Light Co. v. NRC, 601 F.2d 223 (5th Cir.1979), cert. denied, 444 U.S. 1102 (1980). The NRC, therefore, disagrees with Honeywell's claims that the NRC is precluded from assessing Part 170 user fees to recover its costs for conducting these activities.

The NRC notes Honeywell's argument that the NRC's fee rule draws a distinction between enforcement activities (which benefit the public at large) and specific licensing reviews. We agree with Honeywell that the fee rule does not assess fees for enforcement activities in the Part 170 fee schedules. See 10 CFR § 170.31 n.2 ("Fees will not be charged for orders related to civil penalties or other civil sanctions issued by the Commission under 10 CFR 2.202 or for amendments resulting specifically from the requirements of these orders.").

But we must disagree with Honeywell's assertion that the exclusion in 10 CFR § 170.31 note 2 applies here. The Confirmatory Order issued to Honeywell states on page 6, "Consistent with Section 3. 7 of the NRC's Enforcement Policy, the NRC is issuing this Confirmatory Order in lieu of issuance of a Notice of Violation and consideration of civil penalties for the apparent violations described above." And on the same page, the Confirmatory Order explains, "Honeywell consented to issuance of this Order with the commitments described in Section IV below." Honeywell's voluntary consent to undertaking certain actions outlined in the

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 70 of 79 T. Smith Confirmatory Order renders the costs that the NRC bore in reviewing those actions fee-recoverable. The terms "civil sanctions" and "civil penalties" imply a level of coercion and a lack-of-choice on the part of the licensee. But here, before the NRC issued its Order, Honeywell voluntarily agreed to take certain steps in response to its previous failed inspection.

The Confirmatory Order merely "confirmed" Honeywell's proposed actions. So it cannot be formally viewed as an order that relates to a civil sanction/penalty under a commonsense understanding of those terms. The exclusion in 170.31 note 2, therefore, does not apply.

The NRC would like to thank Honeywelllnternationallnc. for already submitting payment for the full invoice to the NRC in a timely manner. Please do not hesitate to contact Patty Silva, NMSS, at 301-492-3114 or Arlette Howard, of my staff, at 301-415-1481 for any fee-related questions.

Sincerely,

$J!t~ ~

J. E. Dyer Chief Financial Officer

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 71 of 79 Exhibit L

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 72 of 79 Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 73 of 79 Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 74 of 79 Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 75 of 79 Exhibit M

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 76 of 79 Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 77 of 79 Exhibit N

Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 78 of 79 Case 1:18-cv-00249-EDK Document 1-2 Filed 02/16/18 Page 79 of 79

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