Free Memorandum - District Court of Federal Claims - federal

Case 1:98-cv-00126-JFM

Document 858-7

Filed 09/20/2004

Page 1 of 6

Exhibit 5

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Case 1:98-cv-00126-JFM

Document 858-7

Filed 09/20/2004

Page 2 of 6

5/22/2002 Pollog, Thomas Vol. 3 (Plaintiffs Fact)
IN THE UNITED STATES COURT OF FEDERAL CLAIMS

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YANKEE ATOMIC ELECTRIC COMPANY

(98-126C) (Merow, S.
CONNECTICUT YANKEE ATOMIC POWER COMPANY

(98-154C) (Merow, S.
MAINE YANKEE ATOMIC POWER COMPANY

(98- 474C) (Merow, S.

Plaintiffs,
THE UNITED STATES,

Defendant.
Washington ,

D.

Wednesday, May 22, 2002

Continued deposition of THOMAS POLLOG, a
witness herein , called for examination by counsel for
Plaintiffs in the above- entitled matter , pursuant to

agreement, the witness having been previously

duly,

taken at the offices of Spriggs & Hollingsworth, 1350
I Street, N. W.,

Washington, D.

C.,

20005-3305, at

9:40 a. m.,

Wednesday, May 22, 2002 , and the

proceedings being taken down by Stenotype by JAN
WILLIAMS, RPR , and transcribed under her direction.

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MR . S KALABAN :

Do you have any general understanding of
what happened with these criteria?
MR. CRAWFORD:

Obj ection, asked and

answered; obj ection to the extent it calls for
specula tion.

THE WITNESS:

I don t have any specific

recollection of what we did with

this. However, I

mean I could imagine what we may have done with
reports like this that we typically received from

contractors.
BY MR. SKALABAN:

Which is what?

Probably we would review it

in-house,

possibly send it out to other interested parts of the

RW organization for review, possibly solicit
comments, possibly meet with the author to discuss
it, get comments.

Do you remember meeting with anyone at Oak

Ridge or Martin Marietta regarding this report at

all?
I know -- I can recall of no specific

meeting with anyone from Oak Ridge or Martin Marietta
about this report.

And for the record would you explain what

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Case 1:98-cv-00126-JFM

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5/22/2002 Pollog, Thomas Vol. 3 (Plaintiffs Fact)
the relationship of Oak Ridge or Martin Marietta was
to the program at this time?

Yes, they were one of our

contractors.

And Martin Marietta was a contractor who
operated Oak Ridge National Laboratory?
I believe that' s correct.

And Oak Ridge is a DOE laboratory?

Yes.
It says, if you look at Bates page 1030,

that'

s HQR 034-1030 , it says prepared by E.
It also indicates it' s prepared by Oak

Johnson.

Ridge National

Labs.
Well, it says it' s prepared

MR. CRAWFORD:

for Oak Ridge which is also described in the
BY MR. SKALABAN:

forward.

Okay.

What was E. R. Johnson

relationship to the program?
MR. CRAWFORD:

Ob1ection, asked and

answered.
THE WITNESS:

He had several.

He was a

direct contractor to the waste acceptance team at

that point in

time.

And he was also a subcontractor

to at least shown by here Oak Ridge National Lab,
Martin Marietta, and he may have been to other organizations, but I am not aware of that at any

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time.

But it wouldn t surprise me.
BY MR. SKALABAN:

Who are your main

contacts, and again I'
frame,
, 90,
91, who

asking about this general time

were your main contacts at E. R. Johnson that you

worked with?
MR. CRAWFORD:
Obj ection , asked and

answered.
THE WITNESS:

Billy Cole which was the

main contact.

Minor contacts would have been E. R.
I believe that was

Johnson, Barry McLeod.

it.

Possibly Bill Teer

, but I' m

not sure when he came on

board.

It was somewhere in the latter part of my
, 91 , time

time with waste acceptance in the ' 90,

period.
BY MR. SKALABAN:

I want to make sure I just understand what

you just

said.
No.

Mr. Teer used to work for E.

Johnson and then joined RW at some point?

Okay.
Mr. Teer was with another

company, I

believe TN, and came to E. R. Johnson in the latter

part of that '

, time period, when I was

working on waste acceptance.

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Now, turning back to the external

distribution list of DOE, there I s a list of people
here on Bates No. HQR 34- 1154.

And the specific

names begin with

Mr. Barrett.

Do you remember out of

this list, was there anyone in particular who was --

any of these people at RW in particular had sort of
an expertise or was a lead in considering failed fuel

issues?
MR. CRAWFORD:
THE WITNESS:

Objection, vague.

No.

BY MR. SKALABAN:

Do you have any recollection of who would have been the point person at DOE for reviewing this

report, addressing this report, and/or doing
something with this report?
MR. CRAWFORD:
THE WITNESS:

Obj ection, vague, compound.
My guess is Mr. Brownstein.

BY MR. SKALABAN:

I want to make sure I understand your
prior testimony correctly.

The conclusion that'

reflected in little 2 on page 2- 5, HQR 034-1044, you

don t remember any conversations with anyone at DOE
or at the contractor regarding the conclusions set
forth in this paragraph?

You re on paragraph 2 now on page 2-5?

597