-- --- - - -- - -----Case 1:98-cv-00126-JFM
-------- ---
.)
-- - -- --- ----Filed 09/03/2004
--
Document 856-17
Page 1 of 16
Susan Klein (vol
Page 275
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
YANKEE ATOMIC ELECTRIC COMPANY
(98- 126C)
(Merow, S.
CONNECTICUT YANKEE ATOMIC POWER COMPANY
FLORIDA POWER & LIGHT COMPANY (98- 483C)(Wilson , J. NORTHERN STATES POWER COMPANY
(98- 484C)
(Wiese, J.
(98- 154C) (Merow, S. MAINE YANKEE ATOMIC POWER COMPANY (98- 474C)(Merow, S.
DUKE POWER , a Division of DUKE ENERGY CORP.
(98- 486C)(Hodges, J. SACRAMENTO MUNICIPAL UTILITY DISTRICT
(98- 488C)
(Yock, S.
INDIANA MICHIGAN POWER COMPANY
(98- 485C)(Sypolt, J.
COMMONWEALTH EDISON COMPANY
SOUTHERN NUCLEAR OPERATING COMPANY, et ( 98 - 6 14 C) (Merow, S. J
ale
BOSTON EDISON COMPANY
(Allegra, J. GPU NUCLEAR
(98- 621C)
(Hewitt, J.
WISCONSIN ELECTRIC POWER COMPANY :
( 00- 6 9 7 C) (Merow, S. J POWER AUTHORITY OF THE STATE OF NEW YORK
, INCORPORATED (00- 440C)(Bush, J.
J.
(99- 447C)
VOLUME
II
OMAHA PUBLIC POWER DISTRICT
NEBRASKA PUBLIC POWER DISTRICT Discovery
(01- 115C)(Bush, J.
(00- 703C)(Damich ,
TENNESSEE VALLEY AUTHORITY : (Judge
(01- 249C)
(Bruggink , J.
(01- 116C)
(Sypolt, J.
:Judge:
Plaintiffs,
:Sypolt)
: PAGES
:275 - 533
Esquire Deposition Services
800-441-3376
- - - -- - - - -- - - - - - - -- - -- - -- - - - --Case 1:98-cv-00126-JFM Document 856-17
- - - - - - -- -- Page 2 of 16
Susan Klein (vol
Filed 09/03/2004
Page 276
THE UNITED STATES,
Defendant.
--x
Deposition of Susan Klein
Washington, DC
Thursday, April 25, 2002
Reported by:
JOB NO.
Denise Dobner Vickery, RMR, CRR
144540
800-441-3376
Esquire Deposition Services
Case 1:98-cv-00126-JFM
Document 856-17
Filed 09/03/2004
Page 3 of 16
Susan Klein (vol
Page 492
That'
s true.
They also haven' t proposed to
put it in a repository either , yes.
But you re aware of studies suggesting -- DOE
studies suggesting that the most economical place to
put commercial GTCC is in the repository?
I can' t cite you to any
studies, but that' s
an
understanding I have from conversations with people
that it could be economical to put it in the repository
when we are authorized to do
that.
And it would be difficult to get -- to site
another repos i tory for
disposal of GTCC, correct?
Yes, that is correct.
(Discussion off the record.
MR. MACDONALD:
46.
(Thereupon, the reporter marked for
identif ication Deposition
BY MR. MACDONALD:
Exhibit No.
4 6. )
Ms. Klein, I'
document entitled
ve had marked as Exhibit 46 a
Teleconference Call Summary.
is Bates page SNL- 00I- 0227 and it refers to a
teleconference call held on June 22, 1999.
have that before
Do you
you?
800- 441-3376
Esquire Deposition Services
)? , ~
Case 1:98-cv-00126-JFM
...
,.
. "
Page 4 of 16
Document 856-17 Filed 09/03/2004 Susan Klein
Page 274
ESQUIRE DEPOSITION SERVICES
1020 19TH STREET, NORTHWEST
SUITE 620
WASHINGTON, D . C .
20036
ERRATA SHEET
Case Name:
Yankee Atomic Electric Co ~, et ale V.
Susan Klein
The United States
witness Name:
Deposition Date:
Job No.
April 24,
--9
2002
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Case 1:98-cv-00126-JFM
Alan Brownstein
. )
Document 856-17
Filed 09/03/2004
Page 5 of 16
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. J . )
FLORIDA POWER & LIGHT COMPANY
(98- 483C)
(Wilson, J.
NORTHERN STATES POWER COMPANY
(98- 484C) (Wiese, J .
DUKE POWER, A Division of
DUKE ENERGY CORP.
(98- 485C) ( Sypolt, J
Cll8l8Copy
INDIANA MICHIGAN POWER COMPANY
(98- 486C)
( 98 - 488
(Hodges, J.
SACRAMENTO MUNICIPAL UTILITY DISTRICT
C) (Y oc k ,
S. J . )
SOUTHERN NUCLEAR OPERATING COMPANY,
et ale
(98- 488C)
(Yock, S.
COMMONWEALTH EDISON COMPANY
(98- 621C)(Hewitt , (99- 44
J.
BOSTON EDISON COMPANY
7C) (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 856-17
Filed 09/03/2004
Page 6 of 16
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)(Sypolt, J.
TENNESSEE VALLEY AUTHORITY
(01- 249C)
(Bruggink, J.
Plaintiffs,
Discovery
THE UNITED STATES,
: Judge:
Defendant.
McLean , Virginia
: (Judge
t )
- - - - - - - - - - - - - - - - - - - - -xSypol
Tuesday, April 9, 2002
Deposi tion 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- 8oo-FOR-DEPO Washington , DC 20005
Case 1:98-cv-00126-JFM
Alan Brownstein
Document 856-17
Filed 09/03/2004
Page 7 of 16
McLean , VA
April 9 , 2002
Page 117
the letter that Mr. Kraft was concerned about
was in his mind, the department could
potentially meet its obligation again in my
mind, following commencement of facility
operations by accepting a single fuel assembly
from a utility, and, and they were concerned
abou t
that.
Did you have a view about that issue?
We viewed the contract and the
you know, contain sufficient performance
law,
standards.
It was clear that in return for
payment, ultimately and conditionally, we would be required to take their waste , and that' s the
ultimate performance
standard.
Everything else were intermediate
milestones or goals as opposed to contractual
commitments.
1--g
Q. Do you know whether the federal Courts \
""'lIlIIII
of Appeal have adopted your view as to the
condi tional nature of DOE' s performance that you
just articulated?
They have not, but that is how we,
that is what we believed, and that' s how we
acted really at all times prior to that decision
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 856-17
Filed 09/03/2004
Page 8 of 16
April 9 , 2002
McLean , VA
Page 118
you referred to.
And what decision did you understand
me to be referring to?
Whether we had an obligation on
January 31st, 1998, whether in fact that was
conditional or not.
And you understand now that the courts
have concluded that that obligation was not
condi tional, is that correct? That' s correct.
MR. BANES:
Calls for a legal
conc 1 us ion.
THE WITNESS:
Sorry.
That'
s correct.
BY MR. TOMASZCZUK:
Do you think the courts were wrong
about that?
Can I answer that?
MR. BANES:
Yeah.
My --
THE WITNESS:
MR. BANES:
Objection
irrelevant,
but you can answer
that.
, my personal opinion
THE WITNESS:
is I absolutely believed my interpretation was
correct.
And the reason for that is there are
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 856-17
Filed 09/03/2004
Page 9 of 16
April 9 ,
McLean , VA
2002
Page 193
BY MR. TOMASZCZUK:
Did you request that Mr. McDuffie
prepare
this memo?
Either
did,
Mr. Svenson.
And what was Mr. Svenson I
this time, if you recall?
role at
By this time, he probably was a direct
report to me.
Okay.
And do you recall whether the
request from either you or Mr. Svenson was made
orally or in writing?
It probably followed the same, if I
did it, it followed the same procedure I
described previously to you , and if Erik did
it,
m sure he would follow the same
procedure.
Whether it was a call directly to Pat
or through the field office, it would have been
orally.
We would have had some task order , you know, that PNL works on these subj ects we ask
them to review
that, so
At or about this time, had you engaged
PNL representatives in discussions concerning
possible amendments to the contract?
They were part, consistent with other
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 856-17
Filed 09/03/2004
Page 10 of 16
April 9, 2002
McLean , VA
Page 194
documents that you have shown me, they were part
of the, the issue resolution process as we
called it.
m going to refer back to Exhibit 11, since the beginning, so you know, they were,
they were involved to help me think about
changes in the contract from the Day One.
was nothing new.
So at this point in time , we re two
years beyond that initial December
as I recall?
1987 meeting
Right.
Was there a concern at this time about
the contractual definition of high- level waste
in the standard contract?
By?
MR. BANES:
Objection -- vague.
BY MR. TOMASZCZUK:
Was there a concern at DOE about the
definition of high- level waste used in the
standard contract?
Not by me, but -MR. BANES:
THE WITNESS:
Objection -- vague.
But maybe by others.
BY MR. TOMASZCZUK:
Alderson Reporting Company, Inc. 111114th Street, N. W. Suite 400 1-8oo-FOR- DEPO Washington, DC 20005
Case 1:98-cv-00126-JFM
Document 856-17
Filed 09/03/2004
Page 11 of 16
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
taken by me and thereafter
wi tness was duly sworn, that the test i mony of
said wi tness was
reduced to th is
typewr it
ten t ransc
r i pt
under 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
proceeding, 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 in the
outcome of the proceeding, or any action
i nvol ved therewi th.
Witness my signature and
seal:
~.s: /J~
CATHERINE s. BOYD
Notary Publ ic
My commission
in and for
The Commonwealth of Virginia
expires:
February 28 , 2006
, -
--------------------. )
Case 1:98-cv-00126-JFM
Alan Brownstein
Document 856-17
McLean , VA
Filed 09/03/2004
Page 12 of 16
April 10 ,
2002
Page 242
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
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, 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
(98-488C) (Yock, S.
SOUTHERN NUCLEAR OPERATING COMPANY
et al.
(98-488C) (Yock, S.
COMMONWEALTH EDI SON COMPANY
98- 621 C) ( Hewitt,
J.
BOSTON EDISON COMPANY
(99-447C) (Allegra, J.
GPU NUCLEAR, INCORPORATED
Alderson Reporting Company, Inc. 1111 14th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005
- - - - - - - - - - - - - - - - - - - - Case 1:98-cv-00126-JFM
Alan Brownstein
Document 856-17
McLean , VA
Filed 09/03/2004
Page 13 of 16
April 10 ,
2002
Page 243
(00-440C) (Bush, J.
WISCONSIN ELECTRIC POWER COMPANY
(00- 697C) (Merow, S.
POWER AUTHORITY OF THE STATE OF NEW YORK
(00-703C) (Damich, J.
OMAHA PUBLIC POWER DISTRICT
(01- 115C)
(0 1-116C)
(Bush , J.
NEBRASKA PUBLIC POWER DISTRICT
Sypolt, J.
(Bruggink, J.
TENNESSEE VALLEY AUTHORITY
(01- 249C)
Plaintiffs,
Discovery
THE UNITED STATES,
: Judge:
Defendant.
McLean , Virginia
: (Judge xSypol t)
Wednesday, April 10, 2002
Continued deposition of ALAN
BROWNSTEIN , a witness, recalled for examination
by counsel for Plaintiffs in the above- entitled
matter, pursuant to notice, the witness being
previously duly sworn by CATHERINE S. BOYD , a
Notary Public in and for the Commonwealth of
Virginia, taken at the offices of Shaw Pittman
Alderson Reporting Company, Inc, 1111 14th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005
'?
Case 1:98-cv-00126-JFM
Alan Brownstein
McLean , V A
Document 856-17
Filed 09/03/2004
Page 14 of 16
April 10 ,
2002
Page 443
dollar investment In dry storage capabili ty.
BY MR. HIRSCH:
But if the DOE was golng to miss the
acceptance date by a long period, say
12 years,
then the utili ties might
those high- cost,
be forced to engage In
high- capital alternatives,
correct?
MR. BANES:
Obj ection.
Calls for
speculation.
THE WITNESS:
It, it lS, it is
possible.
Again, we made no secret of this
program ,
where we were and the difficul ties of
commencing facili ty operations, and we also made
it clear in all the documents that we reviewed
that until that time, we believed it was the
responsibility, so you know , that burden exists on the, existed on the
utili ties '
utilities.
I should say that responsibili ty.
BY MR. HIRSCH:
And so In DOE' s Vlew , if the
government was golng to miss the
1998 acceptance
date by 20 years say, that entire burden of
storing waste was the utili ties
The, the statements, and if
necessary,
IIII
Alderson Reporting Company, Inc. 14th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005
Case 1:98-cv-00126-JFM
Alan Brownstein
Document 856-17
Filed 09/03/2004
Page 15 of 16
April 10
McLean , V A
2002
Page 444
we can go back In the ACRs as that I recall
them, you know,
made it clear until we accepted
waste, we used that type of statement, or until
the facili ty operations commenced,
responsibili ty for
the spent fuel rested wi
the utili ties.
That was our interpretation of the
law.
wi thout going over this too many
times, that particular interpretation was
rej ected, correct?
MR. BANES:
Obj ection -- misleading;
calls for legal conclusion.
THE WITNESS:
Yes.
BY MR. HIRSCH:
Now Mr. Brownstein, will you look at
page 2394 or 2395 of Exhibit 38?
Do you see there lS a reference on
here to NOI response summary?
Yes.
And do you know what the NOI response
summary was?
I do.
What was it?
That refers to a Notice of
Inquiry.
IIII 14th Street ,
Alderson Reporting Company, Inc. N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005
Case 1:98-cv-00126-JFM
Document 856-17
Filed 09/03/2004
Page 16 of 16
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 ---- through ---- '
do hereby certi fy that
the wi tness was duly sworn, that the test i mony of sai d wi tness was taken by me and thereafter
reduced'
to this typewritten transcript under 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 by any of the part
i es to the
proceeding, and further, that I am not a
relative or an employee of any attorney or
counsel employed by the parties thereto, or
financially or otherwise interested in the
outcome of the proceeding, or any action
involved therewith.
Wi tness
my signature and seal:
f1~
CATHERINE s. BOYD
Notary Publ ic
My commission
in and for
The District of Columbia
expires:
August 31, 2002