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

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
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MAINE YANKEE ATOMIC POWER COMPANY:

Plaintiff
No. 98- 474C

(Senior Judge Merow)
UNITED STATES OF AMERICA
Defendant.

DEFENDANT' S WITNESS LIST
Pursuant to the Court s pretrial order issued November 4 , 1998 , as amended by
subsequent orders , defendant submits the following list of witnesses. This list does not contain

witnesses that the defendant may choose to use for impeachment. Defendant reserves the right to
amend this list as described in the Court' s rules. Defendant also reserves the right to call all

witnesses listed on plaintiffs witness list.

Fact Witnesses
Lake Barrett

Acting Director Office of Civilian Radioactive Waste Management United States Department of Energy RW1000 Independence Ave. ,

SW

Washington , DC 20585

Mr. Barrett will provide testimony concerning the Government's implementation of the
Standard Contract , including acceptance rates , priority for shutdown reactors , the Annual
Capacity Report (" ACR" ) issue resolution process conducted with industry representatives

, the

issuance and content of the ACRs , the issuance and content of the Acceptance Priority Rankings

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APR" ), delivery commitment schedules , schedule negotiations , exchanges , and other relevant
matters.

Alan Brownstein Senior Policy Advisor Office of Civilian Radioactive Waste Management United States Department of Energy RW1000 Independence Ave. , SW Washington , DC 20585

Mr. Brownstein will provide testimony concerning the Government's implementation of
the Standard Contract , including acceptance rate~, priority for shu~down reactors , the ACR issue

resolution process conducted with industry representatives , the issuance and content of the
ACRs , the issuance and content of the APRs, delivery commitment schedules , schedule

negotiations , the exchange approval process , and other relevant matters.
Robert Rosselli

Deputy Manager for Business Services Richland Operations Office United States Department of Energy

PO Box 550
Mail Stop A7Richland , W A 99352

Mr. Rosselli will provide testimony concerning the early implementation of the Nuclear
Waste Policy Act ("NWP A") and the formation of the Standard Contract , including the intention

of the parties concerning the rate of acceptance , priority for shutdown reactors , the delivery
commitment schedule process , and other relevant matters.

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Nancy Slater- Thompson
Acting Director

Regulatory Coordination Division

Office of Civilian Radioactive Waste Management United States Department of Energy RW1000 Independence Ave. , SW Washington , DC 20585
Ms. Slater- Thompson will testify about the Government's implementation of the
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Standard Contract , including acceptance rates , priority for shutdown reactors , the ACR issue

resolution process conducted with industry representatives , the issuance and content of the

ACRs, the issuance and content of the APRs , delivery commitment schedules , schedule
negotiations , and the exchange approval process. Ms. Slater- Thompson may also testify about

her knowledge of issues concerning the Standard Contract discussed by the utility industry and
DOE during the 1985- 1987 timefTame , while she was employed by the Edison Electric Institute
an industry trade association.

David Zabransky Acting Director Waste Acceptance and Transportation Division Office of Civilian Radioactive Waste Management United States Department of Energy
RW-

1000 Independence Ave. , S W

Washington , DC 20585
Mr. Zabransky will testify about the Government' s implementation of the Standard
Contract , including acceptance rates , priority for shutdownreactors , the ACR issue resolution

process conducted with industry representatives , the issuance and content of the ACRs , the

issuance and content of the APRs , delivery commitment schedules , schedule negotiations
exchanges , and other relevant matters, Mr. Zabransky may also testify about his knowledge of

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issues concerning the Standard Contract discussed by the utility industry and DOE based upon
his experience in the nuclear utility industry prior to his employment with DOE.
Tom Pollog

Nuclear Engineer Office of Civilian Radioactive Waste Management United States Department of Energy RW1000 Independence Ave. , SW Washington , DC 20585

Mr. Pollog will testify about the implementation of the Standard Contract , including
acceptance rates , priority for shutdown reactors, the ACR issue resolution process conducted

with industry representatives , the issuance and content of the ACRs , the issuance and content of
the APRs , delivery commitment schedules , schedule negotiations , exchanges , and other relevant
matters.

James Fiore Deputy Assistant Secretary for the Office of Site Closure Office of Environmental Management United States Department of Energy
1000 Independence Ave. ,

SW

Washington , DC 20585

Mr. Fiore will testify about formation of the technical aspects of the Standard Contract
including failed fuel , cooling time , and other relevant matters.

Victor Trebules Director Office Project Control Yucca Mountain Site Characterization Office United States Department of Energy 1551 Hillshire Suite A Las Vegas , Nevada 89134

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Mr. Trebules will testify about the implementation of the NWP A

and the 1987

Amendments to the NWPA , including the issuance and content of the 1985 Mission Plan and
1987 Mission Plan Amendment , the issuance and content of the ACRs , and the technical , legal
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and political obstacles to the implementation of the NWPA, as well as other relevant matters.
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Ronald Milner Chief Operating Officer Office of Civilian Radioactive Waste Management United States Department of Energy RW1000 Independence Ave. , SW

Washington , DC 20585

Mr. Milner will testify about the implementation of the Standard Contract , including
acceptance rates , priority for shutdown reactors , the ACR issue resolution process conducted

with industry representatives , the issuance and content of the ACRs , the issuance and content of
the APRs , delivery commitment schedules , schedule negotiations , exchanges , and other relevant

matters.
10.

Beth Tomasoni Contracting Officer Department of Energy
1000 Independence Ave. , SW

Washington , DC 20585

Ms. Tomasoni will testify regarding the contract interpretation issues that arose during

her tenure as contracting officer , as well as other relevant matters.
11.

Robert L. Morgan 3001 i'i'W Colonial Drive Bend , OR 97701- 5447

Mr. Morgan , former Director of the Nuclear Waste Policy Act Project Office , will
provide testimony concerning the early implementation of the NWP A and the formation of the

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Standard Contract ,

including the intention of the parties concerning the rate of acceptance

priority for shutdown reactors , the delivery commitment schedule process , and other relevant
matters.
12.

Michael Lawrence 515 W Kennewick Ave Kennewick , W A 99336
Mr. Lawrence , former Director of the Nuclear Waste Policy Act Project Office , will testify

about the early implementation of the NWP A and the 1987 Amendments to the NWP A

including the issuance and content of the 1985 Mission Plan and 1987 Mission Plan Amendment
, the issuance and content of the ACRs , the technical , legal , and political obstacles to the

implementation of the NWPA , and the formation of the Standard Contract , including the

intention of the parties concerning the rate of acceptance , priority for shutdown reactors , the

delivery commitment schedule process as well as other relevant matters.
13.

Benard Rusche 10 Chicorana Rd West Columbia , SC 29169- 7402
Mr. Rusche , former Director of the Office of Civilian Radioactive Waste Management

will provide testimony about the implementation of the NWP A and the 1987 Amendments to the
NWPA , including the issuance and content of the 1985 Mission Plan and 1987 Mission Plan

Amendment , the issuance and content of the ACRs , and the technical , legal , and political
obstacles to the implementation of the NWP A , as well as other relevant matters.

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14.

J ames Carlson 4008 Glenrose St. Kensington , MD 20895

Mr. Carlson , former Director of the DOE Waste Acceptance and Transportation Division

will testify about the implementation of the Standard Contract , including Spent Nuclear Fuel
transportation cask issues and acceptance , as well as other relevant matters.
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15.

Edward Benz
JAI Corp.

955 L' Enfant Plaza

Suite 8000
(11

Washington D.

Mr. Benz , based upon his position as a contractor for DOE , will testify about the

technical aspects of the Standard Contract , including the ACR issue resolution process conducted
with industry representatives and the technical and legal basis for acceptance rates contained in
the ACRs/APRs.
16.

Billy Cole Vice President Senior Consultant
JAI Corp.

2750 Prosperity Avenue Suite 2220B

Fairfax , VA 22031

Mr. Cole; based upon his position as a contractor for DOE , will testifyabout the
Government s implementation of the Standard Contract , including the ACR issue resolution

process conducted with industry representatives and the technical and legal basis for acceptance
rates contained in the ACRs/ APRs , the exchange approval process , and other relevant matters.

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17.

Thomas H. Isaacs Lawrence Livermore National Labs 7000 East Avenue Lawrence Livermore , CA
Mr. Isaacs will provide testimony regarding the implementation of the NWP A and the

1987 Amendments to the NWP A , including the issuance and content of the 1985 Mission Plan

and 1987 Mission Plan Amendment , and the issuance and content of the ACRs , and the
technical , legal , and political obstacles to the implementation of the NWP A , and other relevant
matters.
18.

Pat McDuffie 1840 Monserrat Way Vista, CA 92083
Mr. McDuffie , based upon his experience as a contractor for DOE , will provide testimony

concerning the implementation of the Standard Contract, including the ACR issue resolution
process conducted with industry representatives and the technical and legal basis for acceptance
rates contained in the ACRs/ APRs , and other relevant matters.
19.

Daryl Neuman 1100 McMurray Richland , WA 33512

Mr. Neuman will testify about the implementation of the Standard Contract , including the
ACR issue resolution process conducted with industry representatives and the technical and legal
basis for acceptance rates contained in the ACRs/ APRs , and other relevant matters.

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20.
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Stephen C. O' Connor

Project Manager Nuclear Regulatory Commission

One White Flint North
11555 Rockville Pike

Rockville , Maryland 20852- 2738
Mr. O' Connor will provide testimony concerning the licensing process and requirements

for fuel storage and transportation.
21.

Christopher S. Bajwa
Thennal Engineer

Nuclear Regulatory Commission

One White Flint North 11555 Rockville Pike Rockville , Maryland 20852- 2738
Mr. Bajwa will testify concerning the licensing process and requirements for fuel storage
and transportation.
22.

Andrew Kadak 253 Rumstick Point Road Barrington , Rhode Island 02806

Dr. Kadak will provide testimony about the Yankees ' approach to priority for shutdown
reactors , delivery commitment schedules , schedule negotiations , exchanges , and Greater Than

Class C low- level radioactive waste. Additionally, Mr. Kadak will testify concerning Yankee
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Atomic s decisions concerning fuel storage and other relevant matters.
23.

Michael Meisner Chief Nuclear Officer Maine Yankee Power Company 321 Old Ferry Road Wiscasset , Maine 04578
Mr. Meisner will testify concerning the management of Maine Yankee , Maine Yankee

decisions concerning fuel storage , and other related matters.

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24.

Dr. E. E. Pilat

Fuel Management Department Duke Engineering & Services 580 Main Street Bolton , Massachusetts 01740
Dr. Pilat , based upon his position at Duke Engineering and former position with a

division of Yankee Atomic Electric Company, will testify about the Yankees ' attempts to
exchange entitlements with other contract holders and to value exchanges.
25.
John Buchheit

Duke Engineering Senior Engineer, Nuclear Fuels Duke Engineering and Services
400 Donald Lynch Boulevard

Marlboro , MA 01752
Mr. Buchheit ,

based upon his position at Duke Engineering and former position with a

division of Yankee Atomic Electric Company, will provide testimony concerning the
administration and performance of the Yankees ' Standard Contracts , the delivery commitment
schedule process , the Yankees ' fuel and fuel management , the Yankees ' decisions concerning
fuel storage , the Yankees ' decommissioning costs studies , and other related matters.
26.

Rudy Grube 48 Reservoir Road Westwood , MA 02090

Mr. Grube , based upon his former position with a division of Yankee Atomic Electric

Company, will testify as to the inventory of Maine Yankee , Connecticut Yankee , and Yankee
Atomic s spent fuel pools , as well as the characterization of the Yankees ' spent fuel.

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27.

F rank Quinn

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Fuel Procurement Manager Duke Engineering & Services 580 Main Street Bolton , Massachusetts 01740
Mr. Quinn , based upon his position at Duke Engineering and former position with a

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division of Yankee Atomic Electric Company, will testify about the Yankees' attempts to
exchange entitlements with other contract holders and the Yankees ' attempt to value exchanges.
28.

Paul Plante Principal Engineer Maine Yankee Atomic Power Company 321 Old Ferry Road Wiscasset , Maine 04578

Mr. Plante will testify as to the inventory of Maine Yankee , Connecticut Yankee and
Yankee Atomic s spent fuel pools , as well as the characterization of the Yankees ' spent fuel.
29.

Robert P. Jordan Director of Synergy Development Constellation Nuclear 239 West Lexington Street 14th Floor Baltimore , MD

Mr. Jordan will provide testimony concerning Maine Yankee Atomic Power Company
decision to rerack , for which he was responsible as the project manager , and the preparation of

delivery commitment schedules by Maine Yankee. Mr. Jordan is also expected to testify
regarding his analysis of the long term spent nuclear fuel storage options available to Maine
Yankee.
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30.

Thomas LaGuardia

President TLG Services , Inc. 148 New Milford Road East , Route 67 Bridgewater, CT 06752

Mr. LaGuardia will provide testimony regarding the decommissioning costs studies
performed by TLG Services for Connecticut Yankee , Yankee Atomic
Expert Witnesses

, and Maine Yankee.

31.

R. Larry Johnson Veris Consulting, LLC 11710 Plaza America Drive Suite 300 Reston, V A 20190
Mr~ Johnson will testify as an expert concerning the calculation of

plaintiffs damages.

Mr. Johnson s opinions and the bases for those opinions are set out in his expert witness report.

The information specified in Federal Rule of Civil Procedure ("
Mr. Johnson s expert witness report.
32.

FRCP" ) 26(a)(2)(B) is attached to

Edward C. Abbott President ABZ Incorporated 4451 Brookfield Corp. Drive
Suite 101

Chantilly, VA 20151
Mr. Abbott will provide expert testimony conceming the technical aspects of handling, s opinions storing, and transporting spent nuclear fuel and other radioactive waste. Mr. Abbott

and the bases for those opinions are set out in his expert witness report. The information
specified in FRCP 26(a)(2)(B) is attached to Mr. Abbott
s expert witness report.

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33.
IF't

Daniel R. Fischel President Lexecon , Inc. 332 S. Michigan Avenue Chicago , IL 60604- 4306.

Mr. Fischel will provide expert testimony regarding his expert analysis ofplaintiffs damage claim from an economic perspective. Mr. Fischel's opinions and the bases for those
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opinions are set out in his expert witness report. The information specified in FRCP 26(a)(2)(B)
is attached to Mr. Fischel' s expert witness report.

Respectfully submitted
ROBERT D. McCALLUM, JR.
. Assistant Attorney General

Director

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JJ +k
OF COUNSEL:
BRY ANT S. BANES

KEVIN B. CRAWFORD HEIDE L. HERRMANN R. ALAN MILLER WILLIAM L. OLSEN ERIN E. POWELL MARIAN E. SULLIVAN Attorneys Commercial Litigation Branch Civil Division Department of Justice
Washington, D. c. 20530

HAROLD D. LESTER, JR. Assistant Director Commercial Litigation Branch Civil Division Justice of Department Classification Unit Attn: 8th Floor 1100 L Street , N.
Washington, D. c. 20530
Tete: (202) 307- 6288

JANE K. T AYLOR L. DOW DAVIS, IV
Office of

General Counsel
of

S. Department

Energy

1000 Independence Ave. , S. Washington , D. c. 20585
March 1 , 2002

Attorneys for Defendant

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CERTIFICATE OF SERVICE
I hereby certify under penalty of perjury that on this 1 st day of March , 2002 , I caused to

be served by hand a copy of " DEFENDANT'S WITNESS LIST" addressed as follows:
JERRY STOUCK
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Spriggs & Hollingsworth 1350 I Street , N.
Ninth Floor

Washington , D. c.
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20005- 3305

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