Free Exhibit List - District Court of Federal Claims - federal

Case 1:99-cv-00447-CFL

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS (Electronically Filed on April 30, 2007) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

BOSTON EDISON COMPANY, Plaintiff, v. THE UNITED STATES, Defendant.

ENTERGY NUCLEAR GENERATION CO., Plaintiff, v. THE UNITED STATES, Defendant.

No. 99-447C No. 03-2626C (Judge Lettow)

ENTERGY NUCLEAR GENERATION COMPANY'S FINAL EXHIBIT LIST Pursuant to the Court's February 26, 2007 Scheduling Order and RCFC Appendix A, ¶ 16, Plaintiff Entergy Nuclear Generation Company ("ENGC") respectfully submits this list of exhibits it presently plans to use for the trial scheduled to commence on June 4, 2007, not including impeachment exhibits. ENGC reserves the right to rely on any exhibit identified on the final exhibit lists of Defendant and Plaintiff Boston Edison Company, and reserves the right to use other documents at trial for impeachment or as otherwise allowed under this Court's rules and the Federal Rules of Evidence. ENGC also reserves the right to amend, supplement, and revise this list as appropriate and reserves the right not to offer all of the following exhibits. The exhibit list follows:

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ENGC's List of Exhibits
EXHIBIT NO. ("EX") 1 BEGIN BATES END BATES DESCRIPTION MAY USE/ WILL USE May Use

2 3 4 5 6 7 8 9 10 11 12 13

ENGC/BECO SUPPL 2 DOE 1st RFP 3-1 ENGC/BECO DOE 1st RFP-3-770 ENGC/BECO DOE 1st RFP-3-753 ENGC/BECO DOE 1st RFP-3-298 ENGC/BECO DOE 1st RFP-3-307 ENGC/BECO DOE 1st RFP-3-347 ENGC/BECO DOE 1st RFP-3-778 ENGC/BECO DOE 1st RFP-21-16806 ENGC/BECO DOE 1st RFP-8-220 ENGC/BECO DOE 1st RFP-21-661 N/A ENGC/BECO DOE 1st RFP-8-6 ENGC/BECO DOE 1st RFP-21-13017

ENGC/BECO SUPPL 2 DOE 1st RFP 3-1 ENGC/BECO DOE 1st RFP-3-777 ENGC/BECO DOE 1st RFP-3-769 ENGC/BECO DOE 1st RFP-3-298 ENGC/BECO DOE 1st RFP-3-307 ENGC/BECO DOE 1st RFP-3-352 ENGC/BECO DOE 1st RFP-3-793 ENGC/BECO DOE 1st RFP-21-16814 ENGC/BECO DOE 1st RFP-8-220 ENGC/BECO DOE 1st RFP-21-874 N/A ENGC/BECO DOE 1st RFP-8-7 ENGC/BECO DOE 1st RFP-21-13326

Draft Risk Item - D. Denton/C. Minott

March 20, 2000 Pilgrim Decommissioning Funding Status Report March 20, 2001 Pilgrim Decommissioning Funding Status Report March 30, 2001 Email - Phone call with C. Wells et al on Decommissioning Report August 13, 2001 Post Shutdown Spent Fuel Storage Funding/Pilgrim September 24, 2002 Email - Attaching GAO Survey - Pilgrim (Final) March 31, 2003 Status of Decommissioning Funding for Plants Operated by ENOI FYE - 12/31/02 February 13, 1998 BECOST Computer Program, Version PC 2.0: Fuel Cycle 233R68 1998-2012 Analysis of Spent Fuel Storage Shortfall June 24, 1998 Pilgrim Nuclear Power Station Plant Assessment - Volume 2 September 2003 Dry Fuel Summary Costs Pilgrim Station - Spent Fuel Pool Modifications September 1998 Entergy Nuclear Pilgrim Nuclear Station Acquisition

May Use May Use May Use May Use May Use May Use May Use May Use May Use May Use May Use May Use

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EXHIBIT NO. ("EX") 14 15 16 17 18 19 20 21 22 23 24 25 26

BEGIN BATES

END BATES

DESCRIPTION

ENGC/BECO DOE 1st RFP-21-199 ENGC/BECO DOE 1st RFP-21-2678 ENGC/BECO DOE 1st RFP-21-3033 ENGC/BECO DOE 1st RFP-21-3142 ENGC/BECO DOE 1st RFP-21-320 ENGC/BECO DOE 1st RFP-21-9878 ENGC/BECO DOE 1st RFP-21-12987 ENGC/BECO DOE 1st RFP-21-2156 ENGC/BECO DOE 1st RFP-21-353 BEP038 2484 (2525) ENGC/BECO DOE 1st RFP-21-15381 ENGC/BECO DOE 1st RFP-21-15308 ENGC/BECO DOE 1st RFP-21-19047 ENGC/BECO DOE 1st RFP-21-12661 ENGC/BECO DOE 1st RFP-21-356

ENGC/BECO DOE 1st RFP-21-199 ENGC/BECO DOE 1st RFP-21-2681 ENGC/BECO DOE 1st RFP-21-3064 ENGC/BECO DOE 1st RFP-21-3158 ENGC/BECO DOE 1st RFP-21-352 ENGC/BECO DOE 1st RFP-21-9883 ENGC/BECO DOE 1st RFP-21-12996 ENGC/BECO DOE 1st RFP-21-2156 ENGC/BECO DOE 1st RFP-21-353 BEP038 2528 ENGC/BECO DOE 1st RFP-21-15461 ENGC/BECO DOE 1st RFP-21-15310 ENGC/BECO DOE 1st RFP-21-19065 ENGC/BECO DOE 1st RFP-21-12670 ENGC/BECO DOE 1st RFP-21-356

Financing document September 11, 1998 Pilgrim Meeting - Notes of Teleconference call October 1, 1998 Minutes - Entergy Board Nuclear Committee - Special Meeting October 28, 1998 Pilgrim Nuclear Power Station - Final Bid to Purchase July 30, 1998 Letter enclosing the Indicative Bid for Boston Edision's Nuclear Business Unit April 1, 1998 Boston Edison Pilgrim Station Summary of Initial Assessment April 16, 1998 Letter to Mr. Hintz soliciting bids for the purchase of the Pilgrim Nuclear Station August 24, 1998 Letter to Mr. Meisner requesting support in determining decommissioning funds for Pilgrim Station September 28, 1998 Letter on Pilgrim Project Proposal for October 1 Nuclear Committee Meeting November 18, 1998 Purchase and Sale Agreement between ENGC and BECO (Execution Copy) March 22, 1999 Ruling of Dept of Telecommunications and Energy on BECO petition April 1, 1999 Letter to George Dean from Paul Gauron on Decommissioning shortfall April 29, 1999 Safety Evaluation by Office of Nuclear Reactor Regulation Proposed Transfer of Operating License to ENGC October 1998 Entergy Risk Management Services - Summary of Risk Factors October 29, 1998 Letter to J. Reed from D. Hintz on lower decommissioning fund requirement

MAY USE/ WILL USE May Use May Use May Use May Use May Use May Use May Use May Use May Use May Use May Use May Use May Use

27 28

May Use May Use

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EXHIBIT NO. ("EX") 29

BEGIN BATES

END BATES

DESCRIPTION

ENGC/BECO DOE 1st RFP-21-355 ENGC/BECO DOE 1st RFP-40-153 ENGC/BECO DOE 1st RFP-21-14619 ENGC/BECO DOE 1st RFP-21-7224 ENGC/BECO DOE 1st RFP-40-38 BEP004 3131 ENGC/BECO DOE 1st RFP-21-SUPPL-1 BEP004 164 ENGC/BECO DOE 1st RFP-6-36 BECO NES 0000241 ENGC/BECO DOE 1st RFP-3-794 ENGC/BECO OCT 11 SITE VISIT 1 BEP016 0001 ENGC/BECO DOE 1st RFP-23-456 ENGC/BECO DOE 1st RFP-23-372

ENGC/BECO DOE 1st RFP-21-355 ENGC/BECO DOE 1st RFP-40-172 ENGC/BECO DOE 1st RFP-21-14623 ENGC/BECO DOE 1st RFP-21-7230 ENGC/BECO DOE 1st RFP-40-39 BEP004 3813 ENGC/BECO DOE 1st RFP-21-SUPPL65 BEP004 0243 ENGC/BECO DOE 1st RFP-6-38 BECO NES 0000471 ENGC/BECO DOE 1st RFP-3-809 ENGC/BECO OCT 11 SITE VISIT 1 BEP016 0049 ENGC/BECO DOE 1st RFP-23-459 ENGC/BECO DOE 1st RFP-23-374

October 30, 1998 Letter to J. Reed from D. Hintz on lower decommissioning fund requirement with change on Qualified amount May 12, 1999 Minutes - Entergy Board Nuclear Committee Meeting Summary of Pilgrim Indicative Proposal October 29, 1998 Bid Evaluations Questions for Company Z October 30, 1998 Entergy Corporation - Minutes of Meetings of Board of Directors February 8, 2000 Final Closing Binders prepared in connection with Pilgrim sale October 12, 2000 Pilgrim Decommissioning Charts and Estimates

MAY USE/ WILL USE May Use

30 31 32 33 34 35

May Use May Use May Use May Use May Use May Use

36 37 38 39 40 41 42 43

November 18, 1998 Purchase and Sale Agreement for Pilgrim and related Agreements May 20, 2004 Email chain from C. Minott related for Spent Fuel Rack History November 1998 1997 Decommissioning Study of Pilgrim Station prepared by NES March 28, 2005 Status of Decommissioning Funding for Plants Operated by ENOI FYE - 12/31/04 August 13, 2001 Post Shutdown Spent Fuel Storage Funding/Pilgrim - Email from C. Minott April 1998 BECO Nuclear Generation Business Unit Divestiture Plan Confidential Workup relating to Pilgrim Spent Fuel Storage Capacity and Cost Summary of Risks Related to Pilgrim's Nuclear Fuel Costs

May Use May Use May Use May Use May Use May Use May Use May Use

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EXHIBIT NO. ("EX") 44 45 46 47

BEGIN BATES

END BATES

DESCRIPTION

ENGC/BECO DOE 1st RFP-21-13236 SAR055 9570 ENGC/BECO DOE 1st RFP-21-14619 ENGC/BECO DOE 1st RFP-21-353 ENGC/BECO DOE 1st RFP-21-2673 ENGC/BECO DOE 1st RFP-23-114 ENGC/BECO DOE 1st RFP-21-SUPPL-6 ENGC/BECO DOE 1st RFP-21-SUPPL28 BEP028 0001 BEP028 1788 ENGC/BECO DOE 1st RFP-21-13408 ENGC/BECO DOE 1st RFP-21-9686 ENGC/BECO DOE 1st RFP-21-3847 ENGC/BECO DOE 1st RFP-21-2672

ENGC/BECO DOE 1st RFP-21-13254 SAR055 9574 ENGC/BECO DOE 1st RFP-21-14623 ENGC/BECO DOE 1st RFP-21-353 ENGC/BECO DOE 1st RFP-21-2674 ENGC/BECO DOE 1st RFP-23-116 ENGC/BECO DOE 1st RFP-21-SUPPL27 ENGC/BECO DOE 1st RFP-21-SUPPL36 BEP028 0009 BEP028 1809 ENGC/BECO DOE 1st RFP-21-13519 ENGC/BECO DOE 1st RFP-21-9718 ENGC/BECO DOE 1st RFP-21-3902 ENGC/BECO DOE 1st RFP-21-2672

September 1998 Decommissioning Team Assessment of Pilgrim Decommissioning Cost Estimate January 14, 2003 Email - Discussion Assumptions in Decomm. Cost Estimates Summary of Pilgrim Indicative Proposal September 28, 1998 Memo from C. Shanks to Entergy Nuclear Committee Members - Subject: October 1 Nuclear Committee Meeting September 8, 1998 Email from Robert Cushman on ENI Financing

MAY USE/ WILL USE May Use May Use May Use May Use

48

May Use

49 50

October 13, 1998 Email from Frank Williford on ENI Financing September 1998 Review of Pilgrim Decommissioning Cost Estimate prepared by TLG September 23, 1998 Memo to S. Downs from T. LaGuardia on Decommissioning Estimates and Present Worth Calculations October 16, 1998 ENGC Bid for Pilgrim Nuclear Station December 21, 1998 Letter to NRC - BECO and ENGC Transfer of Facility Operating License and License Amendment June 1998 BECO Nuclear Generation Assets Pilgrim Assessment Manual December 3, 1998 Correspondence to Dept. of Telecommunications - Petition to Transfer and Divest Pilgrim Nuclear Station September 7, 1998 Email from M Dupre to C Shanks - Pilgrim Model Review Session

May Use May Use

51

May Use

52 53 54 55 56

May Use May Use May Use May Use May Use

57

May Use

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EXHIBIT NO. ("EX") 58 59 60 61

BEGIN BATES

END BATES

DESCRIPTION

BEP015 0135 BEP028 0001 ENGC/BECO DOE 1st RFP-21-3054 ENGC/BECO DOE 1st RFP-21-7856 (Bates #s out of order) N/A N/A N/A BECOEXP003738 BECOEXP002466 BECOEXP02550 BECOEXP03321 N/A AMGN-0000635 AMGN-0000293 AMGN-0000004 AMGN-0001047 AMGN-0000153 AMGN-0000812 AMGN-0000179

BEP015 0167 BEP028 0002 ENGC/BECO DOE 1st RFP-21-3064 ENGC/BECO DOE 1st RFP-21-7911 (Bates #s out of order) N/A N/A N/A BECOEXP003833 BECOEXP002523 BECOEXP02550 BECOEXP03321 N/A AMGN-0000648 AMGN-0000306 AMGN-0000036 AMGN-0001094 AMGN-0000178 AMGN-0001042 AMGN-0000187

July 30, 1998 Correspondence from Mr. Hintz enclosing BECO Nuclear Business Unit Indicative Bid October 16, 1998 Correspondence to J Reed from D. Hintz - ENGC Bid for Pilgrim Nuclear Station October 15, 1998 Approved Terms of BECO Pilgrim Purchase Pilgrim Plant Valuation

MAY USE/ WILL USE May Use May Use May Use May Use

62 63 64 65 66 67 68 69 70 71 72 73 74 75 76

August 29, 1997 J. Harrington's Settlement Agreement and General Release of all Claims January 7, 1998 Entergy Nuclear Short Form Contract Chart on U.S. Nuclear Plant Sales provided by NEI Direct Testimony and Exhibits of Robert Hevert before PUC of Colorado Testimony Summary of Robert B. Hevert September 13, 2005 Email from B. Murphy to B. Hevert relating to expert testimony March 23, 2006 Email from B. Murphy to B. Hevert relating to object of expert testimony June 8, 2001 Direct Testimony of John J. Reed before Northern Indiana PSC Project Skye - Initial Assessment (Summary) September 17, 1997 Email from J Curran Project Skye - Initial Assessment (Summary) October 14, 1997 Amergen Project Skye Initial Assessment (complete) March 5, 1998 Email M.J. Ricciardi attaching Project Skye Model June 27, 1998 Project Skye - Evaluation Summary Pilgrim Due Diligence Operational Team Final Report Volume 1 Amergen Project Skye Model Assumptions Issue 1

May Use May Use May Use May Use May Use May Use May Use May Use May Use May Use May Use May Use May Use May Use May Use

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EXHIBIT NO. ("EX") 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94

BEGIN BATES

END BATES

DESCRIPTION

BEP032 1651 BEP038 2449 BEP015 0290 AMGN-0001261 N/A BEP016 0001 BEP028 1870 BEP028 2461 BECO DTE 0009115 BEP028 2232 BEP038 0139 BECO NES 0000775 BECO NES 0000552 BECO NES 0000241 ENGC/BECO DOE 1st RFP-21-13205 BEP025 0001 BEP042 0070 AMGN 0000812

BEP032 1656 BEP03 2457 BEP015 0305 AMGN-0001339 N/A BEP016 0049 BEP028 1892 BEP028 2461 BECO DTE 0009115 BEP028 2317 BEP038 0140 BECO NES 0000778 BECO NES 0000555 BECO NES 0000471 ENGC/BECO DOE 1st RFP-21-13226 BEP025 0185 BEP042 0133 AMGN 0001042

October 26, 1998 Letter from PECO to J Reed relating to Decommissioning evaluations and BECO bid Bidder Guidance from Final to Supplemental Bidding October 16, 1998 Final Bid Proposal to Acquire BECO's Nuclear Business Unit by PECO Energy October 2, 1998 BNFL Risk Evaluation of Pilgrim Nuclear Power Station Decommissioning Cost Estimate July 6, 2004 Affadavit of Geoffrey O. Lubbock April 1998 BECO Nuclear Generation Business Unit Divestiture Plan January 21, 1999 Dept. of Telecommunications Hearing Transcript (Petition for Approval of BECO Divestiture transaction) January 7, 1999 BECO Docket 98-118/ 98-119/ 98-126; Information Request DTEBECO 1-33 January 6, 1999 BECO Docket 98-118/ 98-119; Information Request AG-1-14 BECO Pre-filed Direct Testimony of Geoffrey Lubbock January 28, 1999 Revised Response BECO Docket 98-118/119/126; Information Request DTE-BECO 1-37R Action Items/Conclusions from June 4 Meeting with NES on PNPS Decommissioning Estimate June 30, 1997 Correspondence to C. Minott relating to NES Proposal No. 9716-262 November 1998 1997 Decommissioning Study of Pilgrim Station prepared by NES September 1998 Review of Pilgrim Decommissioning Cost Estimate prepared by TLG June 1998 Confidential Offering Memorandum; BECO Pilgrim Nuclear Power Station Volume 1 April 22, 1998 Board of Directors Nuclear Oversight Committee - Briefing Booklet Pilgrim Due Diligence Operational Team Final Report Volume 1

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EXHIBIT NO. ("EX") 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112

BEGIN BATES

END BATES

DESCRIPTION

ENGC/BECO DOE 1st RFP-3-107 BEP007 0054 BEP032 1651 BEP038 0141 ENGC/BECO DOE 1ST RFP-36-2 ENGC/BECO DOE 1ST RFP-36-50 ENGC/BECO DOE 1ST RFP-36-28 ENGC/BECO DOE 1ST RFP-13-10 ENGC/BECO DOE 1ST RFP-13-16 ENGC/BECO DOE 1ST RFP-13-22 ENGC/BECO DOE 1ST RFP-13-7 BECOEXP 04084 BECOEXP 04127

ENGC/BECO DOE 1st RFP-3-107 BEP007 0076 BEP032 1656 BEP038 0151 ENGC/BECO DOE 1ST RFP-36-27 ENGC/BECO DOE 1ST RFP-36-55 ENGC/BECO DOE 1ST RFP-36-347 ENGC/BECO DOE 1ST RFP-13-10 ENGC/BECO DOE 1ST RFP-13-16 ENGC/BECO DOE 1ST RFP-13-22 ENGC/BECO DOE 1ST RFP-13-7 BECOEXP 04126 BECOEXP 04174

July 15, 1998 Email from C. Minott to J. Fulton relating to falling below NRC minimum Prepared Direct Testimony of John Reed on behalf of BECO October 26, 1998 Correspondence to J. Reed relating to Decommissioning January 28, 1999 BECO Docket No. 98-118/119/126 Request and Evaluation Matrix of Indicative Bids June 30, 2005 Entergy Spent Fuel Disposal Fee Payments and Related Correspondence and Documents May 18, 1998 Letter from B. Tomasoni to J. Piascik Regarding Disputes Under the Standard Contract Documents Supporting Payments to US DOE for Pilgrim Spent Nuclear Fuel Disposal September 29, 1998 Unapproved Delivery Commitment Schedule for Year 2004 January 25, 1996 Approved Delivery Commitment Schedule for Year 2001 December 2, 1994 Approved Delivery Commitment Schedule for Year 2000 Approved Delivery Commitment Schedule for Year 1999 June 28, 2006 Expert Report of Eileen Supko November 21, 2006 Amended Expert Report of Eileen Supko [exhibit not used] [exhibit not used] [exhibit not used] January 24, 1984 Memo Regarding Revised Waste Acceptance Schedule from Draft Mission Plan December 1998 Viability Assessment of a Repository at Yucca Mountain-Overview

MAY USE/ WILL USE May Use May Use May Use May Use May Use May Use May Use May Use May Use May Use May Use Will Use Will Use

PNL-023-0176 N/A

PNL-023-0196 N/A

May Use May Use

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EXHIBIT NO. ("EX") 113 114 115 116 117 118 119 120

BEGIN BATES

END BATES

DESCRIPTION

N/A N/A N/A N/A

N/A N/A N/A N/A

December 1998 Viability Assessment of a Repository at Yucca Mountain-Volume 1 - Introduction & Site Characteristics December 1998 Viability Assessment of a Repository at Yucca Mountain-Volume 2 - Preliminary Design Concept for the Repository and Waste Package December 1998 Viability Assessment of a Repository at Yucca Mountain-Volume 3 - Total System Performance Assessment December 1998 Viability Assessment of a Repository at Yucca Mountain-Volume 5 - Costs to Construct and Operate the Repository [exhibit not used] January 24, 1984 Letter to Hall from Fletcher Regarding Revised Waste Acceptance Schedule from Draft Mission Plan [exhibit not used] [exhibit not used]

MAY USE/ WILL USE May Use May Use May Use May Use

PNL-023-0176

PNL-023-0176

May Use

121

[exhibit not used]

122

ERINSP-01398

ERINSP-01461

October 1, 1992 Energy Resources International, Inc. Spent Fuel Acceptance Rate and Its Affect on Utility Spent Fuel Storage and Decommissioning Costs, Prepared for the Edison Electric Institute, Utility Nuclear Waste and Transportation Program, ERI-0439 DRAFT February 28, 2006 Letter from L. Jager Smith, Esq. to Douglas S. Horan, Esq. re BECO's Indemnification of ENGC Under Purchase And Sale Agreement 1987 Annual Capacity Report (DOE/RW-0146) Draft 1989 Annual Capacity Report 1990 Annual Capacity Report (DOE/RW-0294P) 1991 Annual Capacity Report (DOE/RW-0331P) 1992 Annual Capacity Report

Will Use

123

N/A

N/A

May Use

124 125 126 127 128

HQR-001-2705 EDB-001-0468 HQR-001-2487 HQR-001-2357 CTR-003-0558

HQR-001-2792 EDB-001-0487 HQR-001-2609 HQR-001-2419 CTR-003-0602

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EXHIBIT NO. ("EX") 129 130

BEGIN BATES

END BATES

DESCRIPTION

EDB-001-0136 PNL-020-1491

EDB-001-0150 PNL-020-1657

Draft 1994 Acceptance Priority Ranking and Annual Capacity Report Final Draft ­ "Preliminary Analysis of the Total System Life Cycle Cost of the Commercial High-Level Radioactive Waste Disposal Program" by Roy F. Weston, Inc. Analysis of the Total System Life Cycle Cost of the Civilian Radioactive Waste Management Program (DOE/RW-0236) Preliminary Estimates of the Total-System Cost for the Restructured Program: An Addendum to the May 1989 Analysis of the Total-System Life Cycle Cost for the Civilian Radioactive Waste Management Program (DOE/RW-0295P) Analysis of the Total System Life Cycle Cost of the Civilian Radioactive Waste Management Program (DOE/RW-0479) Analysis of the Total System Life Cycle Cost of the Civilian radioactive Waste Management Program ­ December 1998 (DOE/RW-0510) Total System Life Cycle Cost for Site Recommendation Letter Report Report on Financing the Disposal of Commercial Spent Nuclear Fuel and Processed High-Level Radioactive Waste (DOE/S-0020/1) FY 1984 Program Guidance for Nuclear Waste Fund (NWF) Evaluations with J. White cover letter Nuclear Waste Fund Fee Adequacy: An Assessment. Second Annual Report (Second Report of Series) Nuclear Waste Fund Fee Adequacy: An Assessment (DOE/RW-0020) (Third Report of Series) Nuclear Waste Fund Fee Adequacy: An Assessment (DOE/RW-0020) 1986 Annual Review of the Adequacy of the 1.0 mill per kWh Waste Disposal Fee Nuclear Waste Fund Fee Adequacy: An Assessment (DOE/RW-0291P) Nuclear Waste Fund Fee Adequacy: An Assessment (DOE/RW-0534) Draft ­ Civilian Radioactive Waste Management Program Mission Plan, Volume 1. Overview and Current Program Plans

MAY USE/ WILL USE May Use May Use

131 132

PNL-107-1706 PNL-107-1603

PNL-107-1900 PNL-107-1705

May Use May Use

133 134 135 136 137 138 139 140 141 142 143 144

HQR-025-5075 HQR-036-0006 CTR-158-2614 PNL-020-2513 PNL-021-0233 PNL-021-1190 HQR-042-1222 HQR-042-1235 PNL-107-2117 IDF-002-2292 N/A SN045167

HQR-025-5139 HQR-036-0086 CTR-158-2628 PNL-020-2569 PNL-021-0268 PNL-021-1198 HQR-042-1234 HQR-042-1251 PNL-107-2223 IDF-002-2317 N/A SN0454285

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EXHIBIT NO. ("EX") 145

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DESCRIPTION

N/A

N/A

146 147 148 149 150 151 152 153 154 155

HQR-003-1088 Y-PA-142069 N/A SN174276 EDB-003-0855 YDK023709 ZAB-001-1462 PNL-173-1282 SN045165 [D] SN069588 [D]

HQR-003-1620 Y-PA-142138 N/A SN174362 EDB-003-0856 YDK023716

Mission Plan from the Civilian Radioactive Waste Management Program. Volumes I and II of II Volumes. Overview and Current Program Plans ­ April 1984 (DOE/RW-0005 DRAFT Reprinted July 1984) Mission Plan for the Civilian Radioactive Waste Management Program ­ Volume 1 ­ Parts I & II (DOE/RW-0005) Draft Mission Plan Amendment with Comments on the Draft Amendment and Responses to the Comments (DOE/RW-0128) Draft 1988 Mission Plan Amendment (DOE/RW-0187) Civilian Radioactive Waste Management Program Plan ­ Volume 1 ­ Program Overview Memorandum from R. Morgan to NWPA Project Office Personnel re: Implementation of Nuclear Waste Policy Act of 1982 Letter from J. Kearney to R. Morgan re: standard contract for disposal of spent nuclear fuel and/or high level radioactive waste Letter from R. Morgan to J. Kearney re: comments on standard contract Memorandum from R. Williamson to R. Morgan et al. re: Mission Plan Strategy Overview Letter from R. Morgan to R. Stanford re First Volume of Mission Plan Proceedings of the 1983 Civilian Radioactive Waste Management Information Meeting: December 12-15, 1983 Program Overview [CONF-831217] Letter from T. Garrish to the Honorable J. Bennett Johnston re: answers to questions regarding implementation of NWPA General Accounting Office, Nuclear Waste: Operation of Monitored Retrievable Storage Facility is Unlikely by 1998 (GAO/RCED-91-194) ACR Issues Status Report Notice of Inquiry on Waste Acceptance Issues (59 Fed. Reg. 27007) Memorandum from R. Milner re TSLCC Assumptions package Attached: 1995 TSLCC Assumptions Package

MAY USE/ WILL USE May Use

May Use May Use May Use May Use May Use May Use May Use May Use May Use May Use

PNL-173-1288 SN045166 SN070015

156 157 158 159 160

N/A N/A HQR-003-0314 N/A HQR-057-1493

N/A N/A HQR-003-0315 N/A HQR-057-1524

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EXHIBIT NO. ("EX") 161 162 163 164 165 166 167 168 169

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DESCRIPTION

N/A N/A Y-PA-100827 PNL-168-4293 PNL-102-0359 N/A N/A N/A N/A

N/A N/A Y-PA-100842 PNL-168-4348 PNL-102-0377 N/A N/A N/A N/A

Civilian Radioactive Waste Management System, Waste Acceptance Requirements Document, Revision 1 DCN01, May 1995 (DOE/RW-0351) Civilian Radioactive Waste Management System, Waste Acceptance Requirements Document, Revision 4 (DOE/RW-0351) Spent Fuel Storage Requirements ­ The Need for Away-From-Reactor Storage (DOE/NE-0002) Spent Fuel Storage Requirements ­ An Update of DOE/NE-0002 (DOE/SR-0007) DOE memo from R. Milner to L. Barrett re: Proposed Assumptions and Close List for 1988 TSLCC Public Law 97-425, Nuclear Waste Policy Act of 1983, January 7, 1983 Public Law 100-203, Title V, Nuclear Waste Policy Amendments Act of 1987, December 22, 1987 Report on Financing the Disposal of Commercial Spent Nuclear Fuel and Processed High-Level Radioactive Waste, DOE/S-0020/1, July 1983 January 24, 1984 memo from J.F. Fletcher to R. J. Hall, Memo, Revised Waste Acceptance Schedule from Draft Mission Plan, Battelle Pacific Northwest Laboratories Analysis of the Total System Life Cycle Cost for the Civilian Radioactive Waste Management Program, DOE/RW-0024, April 1985 Analysis of Total System Life Cycle Cost of the Commercial High-Level Radioactive Waste Disposal Program, April 1986, DOE/RW-0047 Draft Mission Plan Amendment, DOE/RW-0128 Draft, January 1987 Mission Plan Amendment, DOE/RW-0128, June 1987 Pacific Northwest Laboratory, R. L. Engel, 1987 Annual Review of the Adequacy of the 1.0 mill per kWh Waste Disposal Fee, Prepared for the U.S. Department of Energy under Contract DE-AC06-76RLO 1830, PNL-6288, July 1987 Draft 1988 Mission Plan Amendment, DOE/RW-0187, June 1988 Annual Capacity Report, DOE/RW-0191, 1988

MAY USE/ WILL USE May Use May Use May Use May Use May Use May Use May Use May Use May Use

170 171 172 173 174

N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A

May Use May Use May Use May Use May Use

175 176

N/A N/A

N/A N/A

May Use May Use

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EXHIBIT NO. ("EX") 177 178 179 180

BEGIN BATES

END BATES

DESCRIPTION

N/A N/A N/A N/A

N/A N/A N/A N/A

Final Version Dry Cask Storage Study, DOE/RW-0220, February 1989 Annual Capacity Report, DOW/RW-0331P, December 1991 Mission Plan Amendment for the Civilian Radioactive Waste Management Program, RW-1 Review Draft, February 24, 1992, MOL.19960711.0377 Civilian Radioactive Waste Management System Throughput Rate Analysis, August 17, 1993, prepared by Systems Analysis for DOE, HQO.19961022.0005 Acceptance Priority Ranking and Annual Capacity Report, DOW/RW-0457, March 1995 Acquisition of Waste Acceptance and Transportation Services for the Office of Civilian Radioactive Waste Management, Draft RFP Number DE-RP0198RW00320, September 1998 1999 Design Basis Waste Input Report for Commercial Spent Nuclear Fuel, December 1999, prepared for DOE by TRW Environmental Safety Systems, Inc. DOE, RW-859 Data, December 31, 1998 DOE, RW-859 Data, December 31, 2002 NRC Information Digest, 2002 Edition, NUREG-1350, Volume 14, June 2002 NRC Information Digest, 2004-2005 Edition, NUREG-1350, Volume 16, February 2005 U.S. Nuclear Power Plant Capacity Factors through 2003 U.S. Nuclear Power Plant Power Uprates through 2004 Viability Assessment of a Repository at Yucca Mountain, Preliminary Design Concept for the Repository and Waste Package, DOE/RW-0508, Volume 2, December 1998 Operational Waste Stream Assumption for TSLCC Estimates, September 2000, prepared for DOE by TRW Waste Acceptance System Requirements Document, Revision 4, DOE/RW-0351, January 2002

MAY USE/ WILL USE May Use May Use May Use May Use

181 182

N/A N/A

N/A N/A

May Use May Use

183

N/A

N/A

May Use

184 185 186 187 188 189 190

N/A N/A N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A N/A

May Use May Use May Use May Use May Use May Use May Use

191 192

N/A N/A

N/A N/A

May Use May Use

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EXHIBIT NO. ("EX") 193

BEGIN BATES

END BATES

DESCRIPTION

N/A

N/A

Bechtel SAIC Company, LLC, Calculation Method for the Projection of Future Spent Nuclear Fuel Discharges, TDR-WAT-NU-000002 Rev 1, February 2002 B. McLeod and T. Pollog, Methodology for the Projection of Spent Nuclear Fuel Discharges December 1, 2004 letter from D. Zabransky to F. Rives re DCS process July 2004 Acceptance Priority Ranking/Annual Capacity Report July 2004 instructions for completing DCS form (with cover letter) M.R. Shay, "How Much Fuel Should D.O.E. Commit To Accept," November 19, 1984, MOV.19990831.0021 August 7, 1984 Informal Note from K. Klein to J. McElvey, R. Bauer, R. Gale, and W. Bennett re Waste Acceptance Schedule L.L. Clark and S.M. Short, Preferred Repository Receipt Rates Based on Waste Management System Costs, Risk and Logistics Impacts, December 1986, prepared for DOE by Pacific Northwest Laboratory Lawrence Livermore National Laboratory, Spent Fuel Receipt Scenarios Study, Yucca Mountain Project, July 1990, MOL.19980623.0931 TRW Environmental Safety Systems, Inc., Throughput Rate Study, March 25, 1993, MOV.19960624.0047 Fluor Daniel, Inc., Throughput Rate Study, MOL.19990326.0004 April 19, 1990 Memo from R. Stein to T. Isaacs re Review of Predecisional Draft, Nuclear Waste Negotiator (NWN) Support Information Book Jeff Williams, MRS Systems Studies, Summary Report and Additional Analyses, INMM Spent Fuel Seminar VII, January 1990 Civilian Radioactive Waste Management System Requirements Document, Revision 7, ICN0, May 2006 (DOE/RW-0406) Statement of Edward F. Sproat III, before the Subcommittee on Energy and Air Quality, Committee on Energy and Commerce, U.S. House of Representatives, July 19, 2006

MAY USE/ WILL USE May Use

194 195 196 197 198 199 200

N/A N/A N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A N/A

May Use May Use May Use May Use May Use May Use May Use

201 202 203 204 205 206 207

N/A N/A 20035 4222 ERINSP-02148 ERINSP-02126 N/A N/A

N/A N/A 20035 4231 ERINSP-02159 ERINSP-02147 N/A N/A

May Use May Use May Use May Use May Use May Use May Use

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EXHIBIT NO. ("EX") 208

BEGIN BATES

END BATES

DESCRIPTION

N/A

N/A

209

N/A

N/A

May 30, 1984 Letter from Theodore J. Garrish to Honorable J. Bennett Johnston Responding to Questions Regarding Implementation of the Nuclear Waste Policy Act of 1982 September 7, 1984 Letter from Donald Paul Hodel to Honorable J. Bennett Johnston Regarding Disposal of Spent Nuclear Fuel Under the Nuclear Waste Policy Act In the Matter of Proposed Rulemaking on the Storage and Disposal of Nuclear Waste (Waste Confidence Rulemaking): Statement of Position of the United States Department of Energy, April 15, 1980 (selected portions) September 30, 1991 Letter from Krista Sanda (Minnesota Department of Public Service) to James Watkins September 30, 1991 Petition to the Department of Energy of the United States Submitted by Krista Sanda October 25, 1991 Letter from John Bartlett to Krista Sanda February 14, 1992 Letter from John Bartlett to Krista Sanda February 26, 1992 Letter from Krista Sanda to John Bartlett March 10, 1992 Letter from John Bartlett to Krista Sanda April 13, 1992 Letter from Allen Keesler Jr. to James Watkins May 29, 1992 Letter from James Watkins to James Howard August 19, 1992 Letter from Kris Sanda to James Watkins October 2, 1992 Department of Energy Memorandum November 4, 1992 Letter from Hugo Pomrehn to Kris Sanda September 23, 1992 Letter from Linda Stuntz to Krista Sanda [exhibit not used]

MAY USE/ WILL USE May Use

May Use

210

N/A

N/A

May Use

211 212 213 214 215 216 217 218 219 220 221 222 223 224

CTR-001-2584 CTR-001-2569 HQR-043-0681 HQR-039-1435 CTR-003-1081 CTR-003-1080 HQR-036-1185 HQR-008-0083 HQR-043-0428 HQR-043-0626 HQR-043-0628 HQR-043-0668

CTR-001-2584 CTR-001-2576 HQR-043-0681 HQR-039-1436 CTR-003-1081 CTR-003-1080 HQR-036-1186 HQR-008-0085 HQR-043-0429 HQR-043-0627 HQR-043-0629 HQR-043-0673

May Use May Use May Use May Use May Use May Use May Use May Use May Use May Use May Use May Use

NSP-0001824

NSP-0001834

225

N/A

N/A

"Spent Fuel Management Alternatives Available to Northern States Power Company Inc. and the Federal Government for the Prairie Island Nuclear Plant, Units 1 & 2" DOE Report DOE APR Model

May Use

May Use

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EXHIBIT NO. ("EX") 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241

BEGIN BATES

END BATES

DESCRIPTION

N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

Pilgrim Plant Photographs Entergy Corporate Charts Energy Resources International, Inc., Spreadsheets GAO Report RCED-85-27, Department Of Energy's Initial Efforts To Implement The Nuclear Waste Policy Act of 1982 GAO Report RCED-85-100, The Nuclear Waste Policy Act: 1984 Implementation Status, Progress, And Problems GAO Report RCED-86-206FS, Quarterly Report on DOE's Nuclear Waste Program as of June 30, 1986 GAO Report RCED-87-95FS, Quarterly Report on DOE's Nuclear Waste Program as of December 31, 1986 GAO Report RCED-87-17, Status of DOE's Implementation of the Nuclear Waste Policy Act GAO Report RCED-87-186FS, Quarterly Report on DOE's Nuclear Waste Program as of June 30, 1987 GAO Report RCED-88-163BR, Quarterly Report on DOE's Nuclear Waste Program as of March 31, 1988 GAO Report RCED-88-204BR, Quarterly Report on DOE's Nuclear Waste Program as of June 30, 1988 GAO Report RCED-88-159, Repository Work Should Not Proceed Until Quality Assurance Is Adequate GAO Report RCED-89-87, Quarterly Report as of December 31, 1988 GAO Report RCED-90-103, Quarterly Report as of September 30, 1989 GAO Report RCED-91-194, Operation of Monitored Retrievable Storage Facility Is Unlikely by 1998 GAO Report RCED-92-73, DOE's Repository Site Investigations, a Long and Difficult Task

MAY USE/ WILL USE May Use May Use May Use May Use May Use May Use May Use May Use May Use May Use May Use May Use May Use May Use May Use May Use

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EXHIBIT NO. ("EX") 242 243 244 245 246 247 248 249 250

BEGIN BATES

END BATES

DESCRIPTION

N/A KRGNSP03386 N/A N/A NSP-0043856

N/A KRGNSP03416 N/A N/A NSP-0043864

GAO Report RCED-93-124, Yucca Mountain Project Behind Schedule and Facing Major Scientific Uncertainties Report to Congress on Reassessment of the Civilian Radioactive Waste Management Program, DOE/RW-0247, November 1989 Preliminary Transportation, Aging and Disposal Canister System Performance Specification Revision B, DOE/RW-0585, November 2006 NRC Press Release No. 06-028, NRC Issues License To Private Fuel Storage For Spent Nuclear Fuel Storage Facility In Utah DOE Instructions For Completing The Appendix C Delivery Commitment Schedule [exhibit not used]

MAY USE/ WILL USE May Use May Use May Use May Use May Use

N/A COF0350001 N/A

N/A COF0350741 N/A

Clinch River MRS Task Force, Recommendations on the Proposed Monitored Retrievable Storage Facility, October 1985 Spent Nuclear Fuel Delivery Commitment Schedules (2 Binders of Delivery Commitment Schedules from all utilities) September 19, 2000 Employment Agreement Between Entergy and T. LaGuardia

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Dated: April 30, 2007 Of Counsel: Jay E. Silberg Daniel S. Herzfeld Jack Y. Chu PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, N.W. Washington, D.C. 20037-1128 (202) 663-8000 (202) 663-8007 (fax) L. Jager Smith, Jr. WISE CARTER CHILD & CARAWAY, P.A. 1340 Echelon Parkway Jackson, MS 39213 (601) 368-5572 (601) 368-5816 (fax)

Respectfully submitted, s/ Alex D. Tomaszczuk by s/ Jack Y. Chu Alex D. Tomaszczuk PILLSBURY WINTHROP SHAW PITTMAN LLP 1650 Tysons Boulevard McLean, Virginia 22102-4859 (703) 770-7940 (703) 770-7901 (fax) Counsel of Record for Plaintiff Entergy Nuclear Generation Company

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