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B-286661 1 (2001-01-19)

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7inAccountabilty * Integrity * Reliability
United States General Accounting Office
Washington, DC 20548

         B-286661

         January 19, 2001




         The Honorable Pete Domenici
         United States Senate

         Subject: USEC Portsmouth Gaseous  Diffusion Plant Cold Standby Plan

         Dear Senator Domenici:

         You asked us to review the availability of funds for a reported plan of the Department
         of Energy (DOE) to (1) keep the Portsmouth gaseous diffusion plant, leased and
         operated by the United States Enrichment Corporation (USEC or Corporation), in a
         cold standby status and (2) build an advanced centrifuge technology demonstration
         plant for gas centrifuge uranium enrichment. DOE intends to cover the cost of this
         plan from $725 million transferred from the USEC Fund to miscellaneous receipts of
         the Treasury on September 30, 1998, and subsequently transferred back to the USEC
         Fund on October 20, 2000.

         The USEC  Privatization Act of 1996 authorized use of the USEC Fund to pay
         expenses of USEC privatization. DOE has taken the position that it may pay the costs
         of implementing its plan from the USEC Fund. DOE views the costs of implementing
         its plan as expenses of privatization and hence allowable charges to the USEC Fund.

         As set forth below, we conclude that the $725 million was properly credited back to
         the USEC  Fund and remains available for obligation. We further conclude, however,
         that expenses of privatization authorized by the USEC Privatization Act do not
         include costs such as those associated with the DOE plan and, accordingly, the USEC
         Fund is not available to cover such costs.

         BACKGROUND

         USEC  leases and operates DOE uranium enrichment plants in Piketon, Ohio and
         Paducah, Kentucky, but has not been able to operate both uranium enrichment plans
         at an economically efficient level. Under a July 1998 agreement with the Department

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