DRC-2014-007222 - 0901a068804cd07c

Department of
Environmental Quality
Amanda Smith
Executive Director
State of Utah
GARY R HERBERT
Governor
DIVISION OF RADIATION CONTROL
Rusty Lundberg
Director
SPENCER J. COX
Lieutenant Governor
December 17, 2014
Harold R. Roberts
Executive Vice President & Chief Operating Officer
Energy Fuels Resources (USA) Inc.
225 Union Blvd., Suite 600 DRC-2014-007222
Lakewood, Colorado 80228
Re: Past Contractor Services Invoices
Dear Mr. Roberts:
This letter is written in reply to your correspondence dated November 14, 2014, regarding the
outstanding contractor services invoices. You note that the purchase agreement between Denison
Mines and Energy Fuels allowed for a six month period beyond the acquisition closing date of
June 30, 2012 for Energy Fuels to make any claims. Because the contractor services invoices
were received after that six month period, Energy Fuels alleges that it was unable to claim those
fees from Denison. Notwithstanding the delay in submitting the invoices, it is acknowledged that
Energy Fuels has received the benefit of the work performed by the contractors (URS and
Eberline Services). You have offered to pay half of the $158,374.81 balance due as a
compromise.
Due to the costs, delays and uncertainties associated with reviewing the transactional documents
and determining the respective obligations of the parties, the Division of Radiation Control will
accept your offer in compromise in the sum of $79,187.40. Payment in full must be received
within 30 calendar days of the date of this letter. Furthermore, our acceptance is subject to the
condition that any and all invoices for contractor services incurred after the date of acquisition of
the facility by Energy Fuels be paid in full. I am aware that we have provided invoice information
for contractor services performed during our past fiscal year (Fiscal Year 2014). Your attention to
the payment of these invoices is appreciated given the importance of the contractor services in
support of existing licensing and permitting actions.
Please contact me if you have any questions or require additional information.
Sincerely
195 North 1950 West • Salt Lake City, UT
Mailing Address: P.O. Box 144850 • Salt Lake City, UT 841 14-48 5 0
Telephone [phone] • Fax (801) 533^097 • T D D. [phone]
www. deq. Utah, gov
Printed on 100% recycled paper
State of Utah
GARY R HERBERT
Governor
SPENCERJ COX
Lieutenant Governor
Department of
Environmental Quality
Amanda Smith
Executive Director
DIVISION OF RADIATION CONTROL
Rusty Lundberg
Director
December 17, 2014
Attached spreadsheet lists those invoices for fiscal years FY 2011 and FY 2012 for which the
offered payment of half of $158,374.81 ($79,187.40) is accepted.
Additionally, the spreadsheet also contains a list of invoices for contractor services during FY
2014 for which payment is due, as noted in the letter.
195 North 1950 West • Salt Lake City, UT
Mailing Address P O Box 144850 • Salt Lake City, UT 841 14-4 8 5 0
Telephone [phone] • Fax (801) 533^097 • T D D [phone]
www deq Utah gov
Printed on 100% recycled paper
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF RADIATION CONTROL
ENERGY FUELS RESOURCES -- CONTRACTOR SERVICES INVOICES
SOURCE/VENDOR
EBERUNE SERVICES
URS SAFETY MGMT SOLUTIONS
UDEQ-UDRC
INVOICE #
INVOICE
DATE AMOUNT
15-1030
15-1032
15-1033
15-1035
August 31, 2010 $646.58
September 1, 2010 $362.42
November 19, 2010 $1,184 00
TOTAL
$2,193.00
January 24,2011 $13,393 78 $13,393.78 $15,586.78
EFR Payment Offer $7,793.39
EBERUNE SERVICES wwmmmm
URS SAFETY MGMT SOLUTIONS
Paid 8/6/14 Chk# 73834
Paid 8/6/14 Chk#7834
25-1411
25-1412
25-1421
25-1423
25-1425
25-1426
25-1427
25-1433
25-1385
25-1387
25-1388
25-1389
25-1390
25-1391
25-1392
25-1393
25-1394
25-1395
25-13%
25-1397
25-1428
25-1436
April 29, 2012
April 29, 2012
November 7, 2011
September 23, 2011
October 10, 2011
November 12, 2011
November 22, 2011
July 18, 2012
September 13, 2011
August 11, 2011
November 9, 2011
January 25, 2012
April 18, 2012
June 14, 2012
April 12, 2012
July 11, 2011
May 14, 2012
May 14, 2012
March 6, 2012
April 18, 2012
July 12, 2011
June 14, 2012
$1,871.00
$1,871.00
$2,404.00
$1,267.00
$90.00
$90.00
$225.00
$90.00
$1,757.67
$3,615.24
$812.32
$98.88
$4,187.31
$2,236.41
$9,633.96
$23,480.39
$414.51
$6,683.12
$83,224.82
$470.20
$501.61
$4,432.92
$7,908.00
Balance (less payment of $6,669.33)
$141,549.36 $149,457.36
$134,880.03 $142,788.03
EFR Payment Offer $71,394.02
TOTAL EFR Payment Offer $79,187.40
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF RADIATION CONTROL
ENERGY FUELS RESOURCES - CONTRACTOR SERVICES INVOICES
SOURCE/ VENDOR
EBERLINE SERVICES
URS SAFETY MGMT SOLUTIONS
UDEQ-UDRC
INVOICE #
45-1216
45-1237
45-1238
45-1239
45-1240
45-1241
45-1242
45-1245
45-1247
45-1248
45-1249
45-1250
45-1251
45-1252
45-1253
45-1254
45-1255
45-1256
45-1257
45-1258
45-1259
INVOICE
DATE
May 8, 2014
May 10, 2014
May 10, 2014
May 10, 2014
May 10, 2014
May 10, 2014
May 11,
May 11,
May 11,
May 11,
May 11,
May 11,
May 11,
May 11,
May 11,
May 11,
May 11,
May 11,
May 11,
May 11,
May 11,
2014
2014
2014
2014
2014
2014
2014
2014
2014
2014
2014
2014
2014
2014
2014
AMOUNT
$552.00
$258 50
$980.00
$90.00
$1,059.00
$90.00
$3,898.85
$2,088 19
$791.33
$321.26
$2,168.51
$321.26
$13,094 09
$6,555.26
$974.72
$41.53
$7,156.26
$7,918.58
$160 63
$1,927.56
$7,931.55
TOTAL
$3,029.50
$55,349.58 $58,379.08