National Aeronautics and

Space Administration

Washington, DC 20546-001

September 4, 2001

Reply to the Attn of: GS

Mr. Gregory Nemitz

Orbital Development

3672-A Bancroft Street

San Diego, CA 92104

Dear Mr. Nemitz:

Mr. Frankle asked me to respond to your letter of August 10, 2001, asking whether you have "unequivocally exhausted all 'administrative remedies' within NASA pertaining to this matter" and requesting an official statement on which you can rely.

In NASA's letter to you, dated June 27, 2001, Mr. Steptoe stated: "You have received the Agency's final determination concerning your claim." This statement was intended to provide standard notice that administrative remedies are exhausted in regard to your request for payment of a "parking/storage fee" for the NEAR spacecraft, currently located on asteroid 433 Eros.

I hope this information will clarify this issue for you.

Sincerely,

(signed)

Steven A. Mirmina

Attorney-Advisor

cc:

G/Mr. Frankle