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

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Alan Brownstein

Case 1:98-cv-00126-JFM

Document 856-18
McLean

Filed 09/03/2004

Page 1 of 13 Aprilll , 2002

Page 467

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

YANKEE ATOMIC ELECTRIC COMPANY

(98- 126C) (98- 154C)

(Merow , S.

CONNECTICUT YANKEE ATOMIC POWER COMPANY
(Merow , S.

FLORIDA POWER & LIGHT COMPANY
(98-483C) (Wilson , J.

NORTHERN STATES POWER COMPANY

(98-484C) (Wiese, J.
DUKE POWER , A Division of
DUKE ENERGY CORP.
( 9 8 - 4 8 5 C) (S
yp 0 1 t,

J.)

Certified Copy

INDIANA MICHIGAN POWER COMPANY

(98-486C) (Hodges, J.
SACRAMENTO MUNICIPAL UTILITY DISTRICT
17

(98- 488C) (Yock ,
et ale

S. J.

SOUTHERN NUCLEAR OPERATING COMPANY

(98- 488C)
(98- 621C)

(Yock , S.

COMMONWEALTH EDI SON COMPANY

(Hewitt, J.

BOSTON EDISON COMPANY
(99-447C) (Allegra, J.

GPU NUCLEAR , INCORPORATED

Alderson Reporting Company, Inc. 1111 14th Street, N. W. Suite 400 l- 800-FOR-DEPO Washington, DC 20005

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- - Page 2 of 13 Aprilll 2002

Alan Brownstein

Case 1:98-cv-00126-JFM

Document 856-18
McLean,

Filed 09/03/2004

Page 468

(00- 440C)

(Bush , J.

WISCONSIN ELECTRIC POWER COMPANY
(00-697C) (Merow , S. J.

POWER AUTHORITY OF THE STATE OF NEW YORK

(00- 703C) (Damich , (01- 115C)
(Bush , J.

J.

OMAHA PUBLIC POWER DISTRICT

NEBRASKA PUBLIC POWER DISTRICT
( 0 1 - 11 6 C) (S yp 01

t , J.

TENNESSEE VALLEY AUTHORITY

(01- 249C)

(Bruggink, J.

Plaintiffs,
Discovery
THE UNITED STATES,
: Judge:

Defendant.
17

: (Judge
x S

yp 01 t )

McLean , Virginia
Thursday, April 11 , 2002

Continued deposi tion

of ALAN

BROWNSTEIN , a witness, recalled for examination

by counsel for Plaintiffs in the above- enti

tIed

matter, pursuant to notice, the witness being

previously duly sworn by CATHERINE S. BOYD , a Notary Public in and for the Commonweal th of
Virginia, taken at the offices of Shaw
""""~'h"""

Pittman,

Alderson Reporting Company, Inc. 1111 14th Street, N. W. Suite 400 1-800-FOR-DEPO Washington, DC 20005

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Case Alan Brownstein

1:98-cv-00126-JFM

Document 856-18
McLean

Filed 09/03/2004

Page 3 of 13
April

2002

Page 583 ~

opposed to contractual commi tment to avoid

addi tional

on- si

te storage.

BY MR. NESLIN:

As a goal , wouldn

I t the

mi sma tch

ii:

between those utili ties which had allocations

ill

and those utili ties

that needed addi

tional

storage, running into storage problems, would
not that mismatch frustrate that goal?
Do you understand my question?
I do.

MR. BANES:

Obj ection.

Calls for
tment

speculation.
THE WITNESS:
A contractual commi

In my mind is a higher priority than a
BY MR. NESLIN:

goal.

Q.

My question was simply would the goal

that you had identified, and understanding that
it is a goal and that

I s the form in which you '

speaking to it, wouldn

I t that

be frustrated by

the mismatch between those utili ties which have

allocations, annual allocations and those

utili ties which need addi tional
It certainly

storage?
ill

Okay.

And wouldn I

could.

t that

problem be

addressed by exchanges?
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Alderson Reporting Company, Inc. 1111 14th Street, N. W. Suite 400 1- 800-FOR-DEPO Washington, DC 20005

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Case Alan Brownstein

1:98-cv-00126-JFM

Document 856-18
McLean,

Filed 09/03/2004

Page 4 of 13

April 11

2002

Page 584

Tha t

was

MR. BANES:

Calls for speculation.

ahead.
THE WITNESS:

That was certainly

something we were aware of, and it certainly

could be.
BY MR. NESLIN:

To your mind , wasn t that part of the reason for exchanges?
ill

MR. BANES:

Can we take a break for a

second?
(There was a pause in the

proceedings.
MR. BANES:
THE WITNESS:

m sorry, Dave.

m sorry.

Jus t to make

sure I accurately answer your question , can you
repea t

that?
MR. NESLIN:

Do you want to restate

that question?
THE REPORTER:

Question:

To your

mind, wasn t that part of the reason for

exchanges? "
THE WITNESS:

Need to go back to an

addi

tional

that was half a
THE REPORTER:

question.
My question
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Alderson Reporting Company, Inc. 1111 14th Street, N. W. Suite 400 1- 800-FOR-DEPO Washington, DC 20005

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Case Alan Brownstein

1:98-cv-00126-JFM

Document 856-18
McLean

Filed 09/03/2004

Page 5 of 13
April 11

2002

Page 585 '

was simply would the goal that you had

identified, and understanding that it is a goal

and that'

s the form in which you re speaking to

it, wouldn t that be frustrated by the mismatch

between those utilities which have

allocations,
which

annual allocations and those utili ties
need addi tional storage?"
MR. BANES:

Obj ection -- lack of
My opinion is yes, and

foundation.
THE WITNESS:

the only caveat I have to that is that when
those terms of the contract -- you know

wasn

t wi

th the department, you know

originally, but in my

mind, that was -- that'

right.
BY MR. NESLIN:

Could exchanges, would exchanges be

beneficial to the operation of the waste

managemen t s ys tem?
MR. BANES:

Obj ect .

Calls. for

speculation.
THE WITNESS:
It could be.

BY MR. NESLIN:

Insofar as exchanges addressed

this

mismatch between those utilities which had
"x""""" 'x',.,.,.,. ix','x""" , ",.x';""" X".

x . .M."N,.x.,",.,.,x.,.,""""""':. ,~w"....;,.,",'ii,. " x/;;""""""",,'ii,",""',x' ,.x.";"",,,,;,',',' x" ,.x. ,

""x,'."'x'M,'""""""""""";,,,,,',.,." . . x""""""

Alderson Reporting Company, Inc. 1111 14th Street, N. W. Suite 400 1-800-FOR-DEPO Washington, DC 20005

Case 1:98-cv-00126-JFM

Document 856-18

Filed 09/03/2004

Page 6 of 13

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

wi tness was duly

, do hereby certi fy that the sworn, that the test i mony of

sai d wi tness was taken by me and thereafter

reduced to th is

typewr it

ten t ransc

r i pt unde r my

supervision, that said transcript is a true
record of the testimony given by said

witness,

that I am nei ther counsel for, related to , nor

employed ~y any of the parties to

this

proceeding, and further, that I am not a

relative or ijn employee of any attorney or
counse 1 emp loyed by the pa
ties the reto, 0

financially or otherwise interested in the
outcome of the proceed

i ng, 0

r

any act ion

involved therewith.
Witness my signature and

seal:

~~ /J~
CATHERINE S. BOYD

Notary Publ ic
My commission expires:

in and for

The Commonwealth of Virginia

February 28,

2006

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -Document 856-18 Filed 09/03/2004 Page 7 of 13

Case 1:98-cv-00126-JFM

Serving Washington, D. C. metro area

----------------------------------

TRANSC RIPT OF PR OC EEDIN GS

In the Uni ted States Court of Federal Claims

Yankee Atomic Electric

Company
: NO. 98-126C

United States of America

May 6, 2004

DEPOSITION OF:
Robert Campbell

a witness, called by counsel pursuant to

notice,

commencing at

9: 30 a. m., which

was taken at Spriggs

and Hollingsworth , 1350 Eye St., NW , Washington , DC

This transcript has been completely indexed for your convenience. It will help you locate the testimony

you want FAST. The index is located in the back
pages of this volume.

Overnile
Court Reporting Service

(301) 593- 0671

Case 1:98-cv-00126-JFM Document 856-18 ROBERT CAMPBELL DEPOSmON Yankee Atomic v. USA
Page 117

Filed 09/03/2004

Page 8 of 13

May 6 , 2004
Page 119

A. No, I don t agree with that.

Q. Were you reviewing this for your own
2 interest?

Q. Can you explain why you don t agree with
3 that?

MS. HERRMANN: Objection , asked and
MS. HERRMANN: Same objections.
4 answered.

A. Any organization within DOE can propose 6 that something go to Yucca Mountain. That doesn 7 mean it could or would or will. It just means that 8 it was proposed. My understanding was that they were 10 attempting to summarize all the things that were

A. I don t remember. Q. Do you know for a fact what the purpose
7 was of including the GTCC
8 Yucca Mountain EIS was?
waste in the EIS, the

MS. HERRMANN: Objection , foundation

12 Q. Who had proposed GTCC for the Yucca 13 Mountain repository? 14 A. I don t know. 15 Q. Is the effect of including the
16 EIS -- including GTCC in a section of the EIS, does

11 proposed.

21 speculation , calls for a legal conclusion.
Page 118

20

17 that keep open the -- or otherwise reserve the 18 potential for GTCC being disposed of in the
MS. HERRMANN: Objection , foundation

19 repository?

18 Q. When you say document manager for the 19 Yucca Mountain EIS, what do you mean by that? 20 A. Under the National Environmental Policy
21 Act implementing regulations that the Department of
Page 120
1 Energy has ,

A. The document manager for the Yucca 17 Mountain EIS.

15 16

12 A. No. 13 Q. Who do you think would know the answer to
MS. HERRMANN: Speculation.

10 speculation, calls for a legal conclusion , asked and 11 answered.

14 that question?

A. No.

a document manager is assigned for every

Q. Why include it at all?
MS. HERRMANN: Same objections.

A. Environmental impact statement is a public 5 document and typically the Department tries to be 6 complete in its presentation of the issues , and I
7 believe my best guess as to why that was included is

8 an attempt to be complete.
Q. Complete in what sense?

2 environmental impact statement. 3 That' s the person who is responsible for 4 that document. That would be the most knowledgeable person 6 on that document and what was included in it. (Whereupon the proffered item was marked as exhibit number 48.

A. Complete in the sense that you have 11 discussed all the issues surrounding the 12 environmental impacts of Yucca Mountain.

1'J

10 A. I have not seen it before. I could read 11 the title for you. 12 15 16 Q. The fust page of this document

Q. Mr. Campbell , what is this document?

Q. Do you have any knowledge of whether GTCC,

Q. DId you have any involvement In preparIng

14 the EIS?

15 A. No. 16 Q. Did you have any -- did you do any work 17 with respect to GTCC into the EIS? 18 A. No. 19 Q. Did you have any discussions with anyone 20 at OCRWM about why 21 A. Not that I remember.

13 the perfonnance assessment of GTCC in the Yucca 14 Mountain repository has been analyzed? A. No , I do not.

17 says: " This letter report presents the results of

GTCC was included in the EIS?

18 calculations to assess long tenn perfonnance 19 commercial spent nuclear fuel , US Department of 20 Energy spent nuclear fuel , high level radioactive ...... 21 waste and greater than class C radioactive waste and
Page 117 - Page 120

OVERNITE COURT REPORTING SERVICE Washington , D. C. (301) 593-0671

Case 1:98-cv-00126-JFM
ROBERT CAMPBELL DEPOSITION

Document 856-18
May 6, 2004

Filed 09/03/2004

Page 9 of 13
Yankee Atomic v. USA

Certificate of Deponent

Page 201

I hereby certify that I have read and

examined the foregoing transcript, and the same
is a true and accurate record of the testimony

gi ven by me.
Any additions or corrections that I feel

are necessary I will attach on a separate sheet

of paper to the original transcript.

Signature
I hereby certify that the individual

representing him/herself to be the above named
individual, appeared before me this

day of

and executed the above

certificate in my presence.

Notary ublic

~~~N~
Overnite Court Reporting Service

Washington, DC Metro Area

(301) 593- 0671

Fax - (301) 593-8353
www. DCCourtReporters. com

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Filed 09/03/2004

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