National Aeronautics and

Space Administration


Washington, DC 20546-001


June 27, 2001

Reply to the Attn of: GS


Mr. Gregory Nemitz

Orbital Development

3672-A Bancroft Street

San Diego, CA 92104


Dear Mr. Nemitz:

I have been asked to reply to your most recent letter to Mr. Frankle.

In response to your further inquires concerning a "parking/storage fee" for asteroid 433 Eros, I can only repeat that NASA, as a Federal agency, must have a basis in U.S. law in order to pay any claim. As Mr. Frankle's letter of April 9, 2001, explains, we do not believe you have established a legal basis for your purported claim for payment.

I am afraid we are not able to provide you with legal advice in this matter. You have received the Agency's final determination concerning your claim.




E. Jason Steptoe

Associate General Counsel

Commercial & International Law Division



G/Mr. Frankle

GS/Mr. Mirmina

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