Free Witness 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 WITNESS LIST Pursuant to the Court's February 26, 2007 Scheduling Order and RCFC Appendix A, ¶ 15, Plaintiff Entergy Nuclear Generation Company ("Entergy") 1 hereby submits its list of witnesses for the trial scheduled to commence on June 4, 2007. Consistent with RCFC Appendix A ¶ 15, this list does not contain witnesses that Entergy may choose to use for impeachment. Entergy reserves the right to amend this list as described in the RCFC or as may otherwise be permitted by the Court. Entergy also reserves the right to call any and all witnesses

For purposes of this witness list, the term "Entergy" will also be used as shorthand for companies such as Entergy Services, Inc. and Entergy Operations, Inc. that, like Plaintiff Entergy Nuclear Generation Company, are affiliate subsidiaries of Entergy Corporation.
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on either Plaintiff Boston Edison Company's ("Boston Edison") or the Government's witness lists. Witnesses that Entergy Will Call: 1. Donald R. Denton Former Entergy Employee 124 Charleston Lane Madison, MS 39110 (601) 856-1786 Mr. Denton will testify regarding the nature of the funds contained within the Decommissioning Trust Fund transferred at the time of the Pilgrim Nuclear Power Station ("Pilgrim") acquisition and associated filings with the Nuclear Regulatory Commission ("NRC"), and other related matters. Time Needed for Direct Examination: 1 hour

2.

Charles B. Franklin Manager of Project Management Entergy Services, Inc. 1340 Echelon Parkway Jackson, MS 39213 (601) 368-5430 Mr. Franklin will testify regarding various aspects of the plant operations at Pilgrim

including, inter alia, the spent nuclear fuel discharges at Pilgrim, the capacity of the Pilgrim spent fuel pool, the anticipated consequences relating to the Department of Energy's ("DOE's") continuing breach of the Standard Contract, and DOE's obligations to accept spent nuclear fuel from Pilgrim. Mr. Franklin will also testify regarding Entergy's planning and coordination for the expansion of on-site spent nuclear fuel storage facilities among its various nuclear plants, as well as Entergy's spent fuel acceptance rate models, and other related matters. Time Needed for Direct Examination: 1-2 hours

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3.

David C. Harlan Sr. V.P. System Planning & Operations Entergy Services, Inc. 10055 Grogens Mill Rd., Suite 300 The Woodlands, TX 77380 (281) 297-3557 Mr. Harlan will testify regarding the process involved in the development of a

competitive bid for the Pilgrim acquisition including the formulation of a discount rate as part of the valuation of Pilgrim, and other related matters. Time Needed for Direct Examination: 1 hour

4.

Dan Keuter VP Planning and Innovation Entergy Services, Inc. 1340 Echelon Parkway Jackson, MS 39213 (601) 368-5744 Mr. Keuter will testify regarding the process involved in the development of a

competitive bid for the Pilgrim acquisition. He may also testify relating to the method of financing utilized to fund the acquisition, due diligence activities, and all other associated activities surrounding the Pilgrim acquisition, and other related matters. Time Needed for Direct Examination: 2-3 hours

5.

Marc L. Potkin Director, Business Develop & Anal - ENN Entergy Nuclear Power Marketing, LLC 100 Stamford Place Stamford, CT 06902 (203) 353-4143 Mr. Potkin will testify regarding Boston Edison's divestiture plan for the Pilgrim power

plant. He may also testify regarding the due diligence activities and other associated matters relating to the Pilgrim acquisition, and other related matters.

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Time Needed for Direct Examination: 1 hour

6.

Frank B. Rives Director of Nuclear Fuels Entergy Services, Inc. 1340 Echelon Parkway Jackson, MS 39213 (601) 368-5750 Mr. Rives will testify regarding the administration of the Standard Contract for Pilgrim

executed with DOE, and Entergy's understanding of DOE's obligations and performance under the Standard Contract. Mr. Rives will also testify regarding Entergy's overall planning efforts with respect to additional on-site storage of spent nuclear fuel at Entergy's fleet of nuclear plants as a result of DOE's continuing breach, including the anticipated consequences of DOE's breach to Pilgrim, and other related matters. Time Needed for Direct Examination: 2-3 hours

7.

Carolyn C. Shanks President/CEO Entergy Mississippi, Inc. 308 East Pearl Street P. O. Box 1640 (39215) Jackson, MS 39201 (601) 969-2670 Ms. Shanks will testify regarding the process involved in the development of a

competitive bid for the Pilgrim acquisition. She may also testify regarding the documents associated with the Pilgrim purchase including any necessary regulatory filings, the method of financing utilized to fund the acquisition, and the due diligence and all other associated activities surrounding the Pilgrim acquisition, and other related matters. Time Needed for Direct Examination: 1-2 hours

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8.

Eileen Supko Energy Resources International, Inc. 1015 18th Street, NW, Suite 650 Washington DC 20036 (202) 785-8833 Ms. Supko is expected to offer expert testimony regarding the anticipated rate of

acceptance by which the Government would have accepted SNF had it not breached the Standard Contract and other related matters and the rate at which DOE is expected to accept spent nuclear fuel once DOE begins receipt of spent fuel at the Yucca Mountain repository. Ms. Supko will also provide testimony regarding general spent fuel storage and transportation practices and related technical issues in the nuclear industry, and other related matters. Time Needed for Direct Examination: 1-2 hours

9.

Connie C. Wells Director, Supply Chain Operations Entergy Services, Inc. 120 Mayes Street Jackson, MS 39213 (601) 368-1692 Ms. Wells will testify regarding the process involved in the development of a competitive

bid for the Pilgrim acquisition. She may also testify regarding the documents associated with the Pilgrim purchase including any necessary regulatory filings, and other related matters. Time Needed for Direct Examination: 1-2 hours

Witnesses that Entergy May Call: 1. Warren Brewer ABZ Inc. 4451 Brookfield corporate Drive, Suite 101 Chantilly, VA 20151 (703) 631-7401 Mr. Brewer will testify, as may be required, as to a technical critique of Boston Edison's

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decommissioning damages claim, and other related matters. Time Needed for Direct Examination: 1 hour

2.

Drew B. Fetters Performance Management Advisors Post Office Box 380, West Dover, VT 05356 (802) 464-2698 Mr. Fetters will testify, as may be required, regarding his involvement in the formation of

the Exelon bid as submitted in the competitive auction process for the Pilgrim power plant. He may also testify as to any other personal knowledge relating to other aspects of the auction process or the ultimate divestiture and/or acquisition of Pilgrim, and other related matters. Time Needed for Direct Examination: 1 hour

3.

Jack Harrington Former Entergy Employee 309 Monterey Drive Clinton, MS 39056 (601) 924-2922 Mr. Harrington will testify, as may be required, regarding his role as a consultant for the

Pilgrim acquisition on behalf of Entergy. His testimony may include the valuation modeling and other analyses he performed or supervised in his role as consultant, and other related matters. Time Needed for Direct Examination: 1-2 hours

4.

Robert V. Hevert Concentric Energy Advisors 313 Boston Post Road West, Suite 210 Marlborough, MA 01752 (508) 263-6200 Mr. Hevert will testify, as may be required, consistent with his expert and rebuttal

opinions and associated facts as designated by Boston Edison or otherwise obtained through

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deposition testimony, and other related matters. Time Needed for Direct Examination: 1 hour

5.

Donald C. Hintz Former Entergy Employee 3345 Grenada Court Punta Gorda, FL 33950-6373 (941) 637-6550 Mr. Hintz will testify, as may be required, regarding issues relating to the Pilgrim

acquisition. He may also testify relating to his understanding of the nuclear industry and Entergy's decision to pursue the purchase of other nuclear assets including Pilgrim, and other related matters. Time Needed for Direct Examination: 1 hour

6.

J. Edward Howard Former Boston Edison Employee 85 Adobe Trail Sedona, AZ 86341 (928) 284-0351 Mr. Howard will testify, as may be required, regarding Boston Edison's understanding of

DOE's obligations and performance under the Standard Contract, and other related matters. Time Needed for Direct Examination: 1 hour

7.

Roderick Walter Knight 22 Mountain View Terrace New Milford, CT 06776 (860) 355-3085 Mr. Knight will testify, as may be required, regarding his involvement and understanding

of decommissioning studies for the Pilgrim facility, and other related matters. Time Needed for Direct Examination: 1 hour

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8.

Charles Patrick Lewis 3044 Pawlings Ford Road Lansdale, PA 19446 (215) 575-2330 Mr. Lewis will testify, as may be required, regarding his involvement and understanding

of the negotiation process associated with the Pilgrim acquisition. He may also testify as to the factors considered in evaluating the bids of potential buyers including Entergy, and other related matters. Time Needed for Direct Examination: 1 hour

9.

Geoffrey O. Lubbock NSTAR Electric & Gas Corporation One NSTAR Way Westwood, MA 02090 (781) 441-8669 Mr. Lubbock will testify, as may be required, regarding the divestiture of Pilgrim

including overseeing the independent public auction of all of Boston Edison's generating assets, which included the auction of the Pilgrim facility, and other related matters. Time Needed for Direct Examination: 1-2 hours

10.

William J. Manion WJM Consulting Services LLC 47 Powder Horn Drive Ridgefield, CT 06877 (203) 438-4206 Mr. Manion will testify, as may be required, regarding decommissioning studies for the

Pilgrim facility, and other related matters. Time Needed for Direct Examination: 1 hour

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11.

Nicholas W. Mattia Jr. Dickstein Shapiro, LLP 1825 Eye Street, N.W. Washington, D.C. 20006 (202) 420-2235 Mr. Mattia will testify, as may be required, regarding his role in the divestiture of the

Pilgrim facility including associated regulatory filings, and other related matters. Time Needed for Direct Examination: 1 hour

12.

Charles H. Minott Sr. Project Manager - NUC 600 Rocky Hill Road Plymouth, MA (508) 830-7900 Mr. Minott will testify, as may be required, regarding issues relating to decommissioning

studies performed for the Pilgrim facility. He may also testify as to issues regarding the Decommissioning Trust Fund transferred by Boston Edison at the time of the Pilgrim acquisition, and other related matters. Time Needed for Direct Examination: 1-2 hours

13.

Robert L. Morgan Former Acting Director, Office of Civilian Radioactive Waste Management Program P.O. Box 2589 Monument, CO 80132 (719) 559-3579 Mr. Morgan will testify, as may be required, regarding the formation and implementation

of the Nuclear Waste Policy Act and the Standard Contract, and other related matters. Time Needed for Direct Examination: 1 hour

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14.

Jonathan A. Neuberger, Ph.D. Economist Incorporated EmeryStation North 5980 Horton Street Emeryville, CA 94608 (510) 547-6910 Dr. Neuberger will testify, as may be required, regarding Entergy's methodology in

developing its competitive bid for the Pilgrim acquisition. His testimony will also address the effect, if any, of Entergy's use of 100% equity to fund the purchase, and other related issues such as the application of internal rates of return on the net present value of Pilgrim. He may also address whether any alleged effect of the DOE's breach of its obligations under the Standard Contract can be quantified with any reasonable probability, and other related matters. Time Needed for Direct Examination: 1-2 hours

15.

Timothy Newhard One Ashburton Place, Room 1813 Boston, MA 02108-1598 (617) 727-2200 Mr. Newhard will testify, as may be required, regarding his testimony on behalf of the

Attorney General of Massachusetts relating to Boston Edison's petition for the divestiture transaction of the Pilgrim facility. He may also testify as to his personal knowledge relating to the purchase and sale of the Pilgrim facility, and other related matters. Time Needed for Direct Examination: 1 hour

16.

Henry V. Oheim, Jr. NSTAR Electric and Gas Corp. One NSTAR Way Westwood, MA 02090 (781) 441-3236 Mr. Oheim will testify, as may be required, regarding Pilgrim's organization and

operation including testimony relating to regulatory services, contract administration issues, and 10
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licensing requirements. He may also testify as to decommissioning trust fund assets and investments prior to the Pilgrim divestiture transaction, and other related matters. Time Needed for Direct Examination: 1-2 hours

17.

Thomas E. Pollog Nuclear Engineer and Contracting Officer's Technical Representative Office of Civilian Radioactive Waste Management U.S. Department of Energy 1000 Independence Avenue, SW Washington, DC 20585 (202) 586-4153 Mr. Pollog will testify, as may be required, regarding DOE's spent fuel discharge

projections model and DOE's Delivery Commitment Schedule process, and other related matters. Time Needed for Direct Examination: 1 hour

18.

Lisa Quilici 890 Willow Brook Road, Suite 201 Boulder, CO 80302 Ms. Quilici will testify, as may be required, regarding her review and understanding of

documents associated with the divestiture and acquisition of the Pilgrim facility. She may also testify as to her expertise in the evaluation of market trends and other factors affecting the sale of generating assets, and other related matters. Time Needed for Direct Examination: 1-2 hours

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19.

John J. Reed Concentric Energy Advisors 313 Boston Post Road West Suite 210 Marlborough, MA 01752 (508) 263-6200 Mr. Reed will testify, as may be required, regarding his experience with the program

design, marketing, due diligence, and bidding process for the Pilgrim facility, and other related matters. Time Needed for Direct Examination: 1-2 hours

20.

David Schlissel Synapse Energy Economics 22 Pearl Street Cambridge MA 02139 (617) 661-3248 Mr. Schlissel will testify, as may be required, as to a technical critique of Boston

Edison's decommissioning damages claim, and other related matters. Time Needed for Direct Examination: 1-2 hours

21.

Frank Williford IV Assistant Treasurer/Director, Financing Entergy Services, Inc. 639 Loyola Ave. New Orleans, LA 70113 (504) 576-4684 Mr. Williford will testify, as may be required, regarding Entergy's analysis of, and

arrangements for, the financing of the acquisition of Pilgrim. His testimony may include Entergy's understanding of the financial community's perception of the nuclear industry and any presentations relating to financing and discussions with lenders about funding Entergy's acquisition of Pilgrim, and other related matters. Time Needed for Direct Examination: 1 hour 12
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22.

David Zabransky Contracting Officer Office of Civilian Radioactive Waste Management U.S. Department of Energy 1000 Independence Avenue, SW Washington, DC 20585 Mr. Zabransky will provide, as may be required, regarding DOE's administration and

operation of the Civilian Radioactive Waste Management Program, including, inter alia, DOE's suspension of the Delivery Commitment Schedule process, and other related matters. Time Needed for Direct Examination: 1 hour

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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