Free Reply to Response to Motion - District Court of Federal Claims - federal

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 )

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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