Case 1:98-cv-00126-JFM
Document 856-6
Filed 09/03/2004
Page 1 of 6
EXHIB
IT 5
. ) )
Case 1:98-cv-00126-JFM
Alan Brownstein
Document 856-6
Filed 09/03/2004
Page 2 of 6
April 9, 2002
McLean , VA
Page 1
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
- - - - - - - - - - - - - - - - - - - - -x
YANKEE ATOMIC ELECTRIC COMPANY
(98- 126C)
(Merow, S.
CONNECTICUT YANKEE ATOMIC POWER COMPANY
(98- 154C)
(Merow, S.
FLORIDA POWER & LIGHT COMPANY
(98- 483C)(Wilson, J.
NORTHERN STATES POWER COMPANY
(98- 484C)
(Wiese,
DUKE POWER, A Division of
DUKE ENERGY CORP.
(98- 485C) (98- 486C)
(Sypolt,
01I8III. Copy
INDIANA MICHIGAN POWER COMPANY
(Hodges, J.
SACRAMENTO MUNICIPAL UTILITY DISTRICT
(98- 488C) (Yock ,
S. J
SOUTHERN NUCLEAR OPERATING COMPANY
et al.
(98- 488C) (Yock , (98- 621C)
(99- 447C)
S. J
COMMONWEALTH ED I SON COMPANY
(Hewitt , J.
BOSTON EDISON COMPANY
(Allegra, J.
GPU NUCLEAR, INCORPORATED
Alderson Reporting Company, Inc. 111114th Street, N. W. Suite 400 1-800- FOR- DEPO Washington, DC 20005
Case 1:98-cv-00126-JFM
Alan Brownstein
Document 856-6
Filed 09/03/2004
Page 3 of 6
April 9 , 2002
McLean, VA
Page 2
(00- 440C)(Bush, J.
WISCONSIN ELECTRIC POWER COMPANY
(00- 697C) (Merow, S. J. )
POWER AUTHORITY OF THE STATE OF NEW YORK
(00- 703C) (Damich, J.
OMAHA PUBLIC POWER DISTRICT
(01- 115C)
(Bush, J.
NEBRASKA PUBLIC POWER DISTRICT
(01- 116C)
(01- 249C)
(Sypolt, J.
TENNESSEE VALLEY AUTHORITY
(Bruggink, J.
Plaintiffs,
Discovery
THE UNITED STATES,
: Judge:
Defendant.
McLean, Virginia
: (Judge
t )
- - - - - - - - - - - - - - - - - - - - -xSypol
Tuesday, April 9, 2002
Deposition of ALAN BROWNSTEIN, a
witness, called for examination by counsel for
Plaintiffs in the above-entitled matter,
pursuant to notice, the witness being duly sworn
by CATHERINE S. BOYD , a Notary Public in and for
the Commonwealth of Virginia, taken at the
offices of Shaw Pittman , LLP, 1650 Tysons
Alderson Reporting Company, Inc. 111114th Street, N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005
Case 1:98-cv-00126-JFM
Alan Brownstein
Document 856-6
McLean , VA
Filed 09/03/2004
Page 4 of 6
April 9 ,
2002
Page 40
That would it be fair to say that in
dealing with regulatory matters, you have less
contact with the utilities and more contact with
the regulatory agencies?
In a relative sense, not absolute
sense, yes.
Q. You testified, Mr. Brownstein, that .........
Correct.
Okay.
Were there documents other than
you were responsible I believe for preparing the
ACRS, is that right?
the ACRs for which you had responsibility to
prepare?
Over time, responsibility for the
Annual Priority Ranking, those were two separate
independent -- the Delivery Commitment
Schedules, it was a separate
document, so those
were the two
were the two, in the
I 80s, those
documents I was responsible
for.
You said the Delivery Commitment
Schedule you view as part of that process?
Yes, but not as a separate independent report like the ACR and APR. But you had responsibility for the DCS
process?
Alderson Reporting Company, Inc. 111114th Street , N. W. Suite 400 1- 8oo-FOR-DEPO Washington , DC 20005
Case 1:98-cv-00126-JFM
Alan Brownstein
Document 856-6
Filed 09/03/2004
Page 5 of 6
April 9, 2002
McLean, VA
Page 41
Yes.
Other than the ACRs, the APRs , and the
DCS, were there other documents for which you
had responsibility to prepare?
When you say responsibility to
prepare, those never, those two documents didn
exist, so when I say had responsibility to
prepare, I mean starting from conceptually to
how we re going to do
it.
Those were unique
documents.
I had responsibilities, for
instance,
on the RW- 859 form and worked with utilities in
trying to modify that and trying to implement
those terms.
The Energy Information Administration
was responsible for implementing that, but that
in essence worked as a contractor for my
office,
so we worked closely with the utilities to try to streamline the information that we felt we
needed and minimize the burdens on the
utilities.
I view that as a different category of
document.
You had no role, if I understand your
testimony, when you came on the scene, you had
Alderson Reporting Company, Inc.
111114th Street, N. W. Suite 400 1- 8oo-FOR-DEPO Washington , DC 20005
Case 1:98-cv-00126-JFM
Document 856-6
Filed 09/03/2004
Page 6 of 6
CERTIFICATE OF NOTARY PUBLIC I, Catherine S. Boyd, the Notary
Pub 1 i c
befo re whom the proceed
i ng occu r red,
pages
th rough
, do hereby cert i fy that the
wi tness was duly sworn, that the testimony of
sai d wi tness was taken by me and thereafter
reduced to th is
typewr it
ten t r ansc
r i pt unde r my
supervision, that said transcript is a true
record of the testimony given by said
witness,
s
that I am nei ther counsel for. related to . nor
employed by any of the part
i es to thi
proceedi ng. and further. that I am not a
relative or an employee of any attorney or
counse 1 employed by
the pa
ties the reto. 0
financially or otherwise interested ln the
outcome of the proceeding, or any action
involved therewith.
Wi tness
my signature and seal:
~5:
CATHERINE S. BOYD
;J~
Notary Publ i c in and for
The Commonwealth of Virginia
My commi ssion expi
res:
February 28.
2006