Applicability of the Civil Service Provisions of Title 5 of the United States Code to the United States Enrichment Corporation: Memorandum for the General Counsel, United States Enrichment Corporation [June 22, 1993]   [open pdf - 32KB]

"You have requested our opinion on whether the United States Enrichment Corporation ('USEC') is subject to the civil service provisions of title 5 of the United States Code. We have concluded that, under the statute establishing USEC, title IX of the Energy Policy Act of 1992, Pub. L. No. 102-486, 106 Stat. 2776, 2923 (codified at 42 U.S.C. §§ 2297-2297e-7) ('the Act'), USEC is exempt from the civil service provisions of title 5. Before USEC was established, the Department of Energy ('DOE') produced enriched uranium for use as fuel for commercial nuclear power plants. Congress decided that the DOE program was inefficient; the problems included increasing international competition, declining global market share, and billions of dollars in unrecovered costs of production. In response to these problems, Congress decided to transfer the DOE program to a government corporation that could eventually be sold to the private sector, in order to ensure that the program would be operated in a more business-like fashion."

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