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

Case 1:98-cv-00126-JFM

Document 856-4

Filed 09/03/2004

Page 1 of 6

EXHIBIT

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Case 1:98-cv-00126-JFM

Document 856-4

Filed 09/03/2004

Page 2 of 6

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

~(Q)L9v:
YANKEE ATOMIC ELECTRIC COMPANY;
CONNECTICUT YANKEE ATOMIC POWER
COMPANY; MAINE YANKEE- ATOMIC
POWER COMPANY;
: Case Nos. 98-483C,

98- 126C,

98-154C, 98-474C,

98-484C,

FLORIDA POWER

98-485C, 98-486C,
98-488C, 98- 614C,

LIGHT COMPANY; NORTHERN STATES

POWER COMPANY;- DUKE POWER,
Di vision of DUKE ENERGY CORP.

98- 621C, 99-447C,

00- 440C, 00-695C, 00- 703C, 01-115C,

INDIANA MICHIGAN POWER COMPANY;
SACRAMENTO MUNICIPAL UTILITY

01- 116C, 01- 249C
page)

(Caption continued on the next

Deposi tion of LAKE H. BARR~TT

Washington, D.

C.

Monday, April 22, 2002

9:31 a.
Job No. : 11792-4

Pages 1 through 272, Volume

Reported by:

Diane Gomez, RPR

D. REPORTING COMPANY, INC.
1100 Connecticut Avenue, NW . Suite 1150,
Fax: 202. 861. 3425
Washington, D. c.

20036 . 202. 861.3410

. 800. 292. 4789. Website: ladreporting. com . E-mail:

lisa~ladreporting. com

NATIONWIDE COURT REPORTERS AND VIDEOGRAPHERS

---------Case 1:98-cv-00126-JFM Document 856-4 Filed 09/03/2004 Page 3 of 6

DEPOSITION OF LAKE H. BARRETT, VOLUME CONDUCTED ON MONDAY, APRIL 22, 2002

DISTRICT; SOUTHERN NUCLEAR

OPERATING COMPANY, et al.
COMMONWEALTH EDISON COMPANY;

BOSTON EDISON COMPANY; GPU

NUCLEAR, INCORPORATED; WISCONSIN
ELECTRIC POWER COMPANY; POWER
AUTHORITY OF THE STATE OF NEW

YORK; OMAHA PUBLIC POWER DISTRICT;:

NEBRASKA PUBLIC POWER DISTRICT;
and TENNESSEE VALLEY AUTHORITY

Plaintiffs
THE UNITED STATES,

Defendant
- - - - - - - X

(301) 762-

8282 (202)

D. REPORTING COMPANY, INC.
861-

3410 (800)

292-

4789 (703)

288- 0026

Case 1:98-cv-00126-JFM

Document 856-4

Filed 09/03/2004

Page 4 of 6

DEPOSITION OF LAKE H. BARRETT, VOLUME CONDUCTED ON MONDAY, APRIL 22, 2002

Until January of '
take?

93.

And in January 1993 what position did you

Admiral Watkins made me acting director of
RW.

And RW stands

for?

Offices of Civilian Radioactive Waste

Management.
And what were your duties in that position?
MR. CRAWFORD:
Obj ection , vague.

Obj ection, lack of

foundation.

The duties of the director of the Office of
Radioacti ve Waste Management.

You ran the program at that point, correct?

That'

s correct.

And have you basically held that position

ei ther as

acting director, director , or deputy

director through today?
MR. CRAWFORD:

Obj ection, vague.
I was either the

I was never the director.

acting director or the deputy

director.

And today you are the deputy

director,
288- 0026

(301) 762-

8282 (202)

L. A. D. REPORTING COMPANY, INC.
861-

3410 (800)

292-

4789 (703)

Case 1:98-cv-00126-JFM

Filed 09/03/2004 Page 5 of 6 DEPOSITION OF LAKE H. BARRETT , VOLUME 1 CONDUCTED ON MONDAY, APRIL 22, 2002

Document 856-4

, 1

correct?
Correct.
When you took the position as acting director, was the development of an MRS still under

, r

~ 2

cons idera tion?

Yes.
And how did you enVlSlon or how did you

plan for the MRS to operate at that point in
believe it was you said December ' 93?

time?

January.
Excuse me.

January

' 93.

MR. CRAWFORD:
founda tion.

Obj ection, lack of

The plans then were to pursue a volunteer

MRS site and to have the volunteer present their

proposal for site and congressional

approval.

Did you envision the MRS as a stand- alone

facili ty at that
wi th

time, not operating in conjunction

a repository to be buil
MR. CRAWFORD:

Obj ection, foundation.

My understanding was it was still an
integrated facility with a

repository. The only
288- 0026

D. REPORTING COMPANY, INC.

(301) 762-8282 (202)

861-

3410 (800) 292-4789 (703)

_.'
Case 1:98-cv-00126-JFM Document 856-4 Filed 09/03/2004 DEPOSITION OF LAKE H. BARRETT, VOLUME I
CONDUCTED ON MONDAY , APRIL 22 , 2002
68 (Pages 269 to 272)

Page 6 of 6

269

271

ACKNOWLEDGMENT OF DEPONENT , Lake H. Ban-eu , do hereby acknowledge that I have read and examined the foregoing testimony, and the same is a true, correct and complete transcription o'ftheteslimony given by me and any corrections appear on the attached Errata s et signed by me.

ERRATA SHEET
IN RE: YANKEE ATOMIC v. UNITED STATES

3 RETURN BY:

4 PAGE LINE, CORRECTION AND REASON

/-77/ ()-z,
(DATE)

18.

(DATE)

(SIGNATURE)

270
CERTIFICATE OF SHORTHAND REPORTER. NOTARY PUBLIC

272

ERRATA SHEET CONTINUED
IN RE: YANKEEATOMIC". UNITED STATES

, Diane Gomez . Registered Professional Reponer.

Iheofficer before whom the foregoing proceedings were
4 taken , do hereby cenify thaI the foregoing transcript

3 RETURN BY:

4 PAGE LINE CORRECTION AND REASON

is a true and correct record of the proceedings: thaI

said proceedings were taken by me stenographically and
thereaf1t;r reduced to typewriting under my

supervision; and that I am nei'her counsel for
related to , nor employed by any of the panies '0 this

10 case and have no interest , financial or otherwise. in
1 1 its outcome.

12 IN WITNESS WHEREOF. I have hereun'o set my hand
13 and affixed my notarial seal this 25th day of April

14 2002.
15 My commission expires:
16 June 14

2005

20 NOTARY PUBLIC IN AND FOR
21 THE DISTRICT OF COLUMBIA

(DATE)

(SIGNATURE)

LAD. REPORTING COMPANY, INC.
(30 J) 762- 8282 (202) 86 J -3410 (800) 292-4789 (703) 288- 0026