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

Case 1:98-cv-00126-JFM

Document 856-15

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EXHIB

IT 13

Case 1:98-cv-00126-JFM

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EXHIBIT 13

Testimony to Complete Incomplete Counter Designations by Defendant
LAKE BARRETT
April 22. 2002
120:22- 121:7

May 14. 2002 66:18125:23-

RONALD A. MILNER
May 2. 2002 310:19- 311:22. May 3. 2002 466:1- 5; 496:9-

May 7. 2002 40:5- 11; 42:243 :9- 44:24
May 8. 2002 53:20- 56:21 59:21- 61:16
106: 1-

139:1203:5207:13- 208:5 209:6221: 1-

281 :3-

SUSAN KLEIN
April 25. 2002 492:10-

ALAN BROWNSTEIN
April 9. 2002
117:19- 118:10

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193 :22- 194:4

April 10.

2002

443 :3-

144:9April 11.

2002 583:16- 585:15

ROBERT CAMPBELL
May 6. 2002
118:13-

NANCYH. SLATER
April 22. 1999 226:25- 227:2

Case 1:98-cv-00126-JFM

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

YANKEE ATOMIC ELECTRIC

COMPANY; : Case

~(Q)0~~\\)1'

Nos. 98-126C,
98-47 4C,

CONNECTICUT YANKEE ATOMIC POWER
COMPANY; MAINE YANKEE ATOMIC
POWER COMPANY;

98-1S4C,

98-483C, 98-484C,
98-48SC, 98-486C,

FLORI DA POWER &

LIGHT COMPANY; NORTHERN STATES

98- 488C, 98- 614C,
98-621C, 99-447C,

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

00- 440C, 00- 69SC,
00- 703C, 01- 11SC, 01- 116C, 01- 249C

INDIANA MICHIGAN POWER COMPANY;

SACRAMENTO MUNICIPAL UTILITY

(Caption continued on the next

page)

Deposi tion of LAKE H. BARRETT

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.
Fax: 202. 861.3425

1100 Connecticut Avenue, NW . Suite 1150 , 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

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

DISTRICT; SOUTHERN NUCLEAR

OPERATING COMPANY, et al.
COMMONWEALTH EDI SON COMPANY;

BOSTON EDISON COMPANY; GPU
NUCLEAR , INCORPORATED; WISCONSIN

ELECTRI C 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

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DEPOSITION OF LAKE H. BARRETT , VOLUME 1 CONDUCTED ON MONDAY, APRIL 22, 2002

120
That has been our

intent.

Let'

s go back to paragraph three, page

seven.

You referred to January

31st, 1998,

as being a

goal.

Was it something more, wasn

t it

a contractual

commi tment and a statutory command?
MR. CRAWFORD:
Obj ection , best evidence.

Obj ection, argumentative.

Obj ection to the extent it

calls for a legal

conclusion.

As an engineer, okay, and as a program

administrator ,

okay, and dependent on what the

contract said or what courts said, we were always

trying to achieve that

goal.

And why did you establish that goal for

yoursel f?
Because --

And your department?
It was set in the law , okay, that our goal

was to try to create a facility and to create a system that would meet that goal of January

31st, 1998, to

start to receive

fuel.

And it has always been an

important obj ecti ve and goal.

(22
(301) 762-

To start to receive fuel on January

31 st,

8282 (202)

L. A. D. REPORTING
861-

COMPANY, INC. 3410 (800) 292-4789 (703) 288-0026

Case 1:98-cv-00126-JFM

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

121
1998, at a ramp- up level that would -- in a reasonable

amount of time and at a 3, 000 per year MTU acceptance
rate, correct?

MR. CRAWFORD:

Obj ection to the form.
ill

Obj ection to the mischaracterization of prior

testimony.

Obj ection to the extent it assumes facts

ill

not in evidence.

It was a systems goal to receive the

material at a reasonable rate, okay, of which the

000, ramp
was

000
ln my
to do 3, 000

tons was

never

oplnion

reasonable rate. was never legal

requirement
That'

tons per year.

You base the goal on the statute, correct?
s what you ve testified to, correct?

Yes.
Back to paragraph three -Excuse me.

Let me go back to

that.

When

you say the statute does not say 3, 000,
a j udgmen
t part.

okay, that was

It is the receipt in January 31

1998, is in the statute.

The rate to my knowledge is

not in the statute.
So why did you set the 3, 000 MTU goal?

(301) 762-

8282 (202)

D. REPORTING COMPANY, INC.
861-

3410 (800)

292-

4789 (703)

288- 0026

-..
DEPOSITION OF LAKE H. BARRETT, VOLUME I Case 1:98-cv-00126-JFM Document 856-15 Filed 09/03/2004

CONDUCTED ON MONDAY, APRIL 22, 2002

Page 8 of 21
68 (Pages 269 to 272)

269

271

ACKNOWLEDGMENT OF DEPONENT , Lake H. Barrett , do hereby acknowledge that have read and examined the foregoing testimony, and the same is a true, correct and complete transcription of the testimony given by me and any corrections
appear on the attached Errata s

ERRATA SHEET
INRE: YANKEEATOMICv UNITEDSTATES 3 RETURN BY:

4 PAGE LINE CORRECTION AND

REASON

et signed by me.

t:J

/77/

(DA TE)

(DATE)

(SIGNATURE)

270
CERTIFICATE OF SHORTHAND REPORTER. NOTARY PUBLIC
, Diane Gomez . Registered Professional Reponer.

272

ERRATA SHEET CONTINUED
IN RE: YANKEE ATOMIC Y. UNITED STATES

the officer before whom the foregoing proceedings were
4 taken , do hereby cenify that the foregoing transcript

3 RETURN BY:

4 PAGE LINE CORRECTION AND

REASON

is II true and correct record (If the proceedings; that

said proceedings were taken by me stenographically and

7 . thereaft~r reduced to typewriting under my
supervision; and thaI I am neither counsel for
related to , nor employed by any of the panies to this

12 IN WITNESS WHEREOF, I have hereunto set my hand
13 and affixed my notarial seal this 25th day of April

II its outcome.

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

14 2002.
15 My commission expires:
16 June 14

2005

20 NOTARY PUBLIC IN AND FOR
21 THE DISTRICT OF COLUMBIA

(DATE)

(SIGNATURE)

L.kD. REPORTING COMPANY , INC. (301) 762- 8282 (202) 861- 3410 (800) 292-4789 (703) 288-0026

:~., ~

- - - - - - - - - - - - -- -Case 1:98-cv-00126-JFM Document 856-15 Filed 09/03/2004 Page 9 of 21
Lake H. Barrett CONTAINS CONFIDENTIAL INFORMATION PURSUANT TO THE PROTECTIVE ORDER May 14 2002

Washington , D. C.
Page 1

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

YANKEE ATOMIC ELECTRIC
BFiED

COpy

COMPANY, CONNECTICUT YANKEE

ATOMIC POWER COMPANY , MAINE
YANKEE ATOMIC POWER COMPANY
: Case No. 98- 126C,
: 98- 154C , 98 -4 74C

Plaintiff
vs.
UNITED STATES OF AMERICA,

(Senior Judge Merrow)

Defendant.

: Volume I

Washington ,

D. C

Tuesday, May 14 , 2002

Deposition of LAKE H. BARRETT , a
witness herein, called for examination by counsel
for the Plaintiffs in the above- entitled matter

pursuant to notice, the witness being duly sworn
taken at the offices of Spriggs &

Hollingsworth,

1350 Eye Street, N. W., Washington, D. C.,

commencing at 9:30 a. m., Tuesday, May 14, 2002

and the proceedings being taken down by Stenotype
by CAPPY HALLOCK, RPR- CRR , and transcribed under

her direction.
CONTAINS CONFIDENTIAL INFORMATION
PURSUANT TO THE PROTECTIVE ORDER

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

Case 1:98-cv-00126-JFM

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Lake H. Barrett CONTAINS CONFIDENTIAL INFORMATION PURSUANT TO THE PROTECTIVE ORDER May 14 2002

Washington , D.
Page 66

amplify a little bit by what you mean by bite Slze

campaigns?
Bite size meaning how much tonnage of

fuel are you going to take In a campaign over a

certain period of

time.
Is that determination something

Okay.

that is going to be substantially left to the

regional contractors under the RFP that we were

discussing earlier?
MS. HERRMANN

Obj ection.

Speculation.
It is my oplnion regarding the

efficiency of the system that the RSC would work
wi th the contract holders In their reglon or

nationally to work out the best mutual arrangement
for the contract holders and the government for

the most efficient system that could be

devised.
'""""II

As to schedule; is that what you are
talking about?

It may be other things, but

including scheduling matters?
Including scheduling, recognlzing the

fact that there are contractual legal matters that

will also have to be addressed, and that I would
hope that the RSC, the regional services
contractor or agent could facilitate and arrange

1111 14th

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

Case 1:98-cv-00126-JFM

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Lake H. Barrett CONTAINS CONFIDENTIAL INFORMATION PURSUANT TO THE PROTECTIVE ORDER May 14 2002

Washington , D.
Page 125

Yes.
Do you understand the sentence?
seems to have the word priority In there one too
many times.

Yes.
Do you have knowledge whether DOE would
have given priority to purchasers with shutdown

facilities?
MS. HERRMANN

Obj ection.

Speculation.

I know what the subj ect and the lssue

lS.
Do you know whether DOE would have given priority to purchasers with shutdown

facilities?

Do you know whether or not DOE would

have given priority to shutdown

No.

You don

t know.

Okay.

It'
discussion.

s an issue that is still under

I think you testified earlier In the

deposition it was premature to work that issue out because there were other things that came before?

Yes.
Now

et I S go to

a new subj ect

here.

think Il m

done with that for now.

Am I done wi th that for now?

Hold on.

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

Case 1:98-cv-00126-JFM

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Lake H. Barrett CONTAINS CvdflDENTIAL INFORMATION PURSUANT TO nil:: PROTECTIVE ORDER May 14 , 2002 Washington , D.

Page 238

Page 240

A. Right It' s moved now. Q. All right
MR. STOUCK: Can you mark this one
please , Number 92. (Barrett Deposition Exhibit No. 92 was marked for identification, BY MR. STOUCK: Q. Okay, This is a one- pager , Mr.

the instant deposition ceased.

ness

Barrett. It has been marked Exhibit 92. It looks like a Memorandum of Agreement. It says , Subject: Multipurpose Canister Program, date April 30 , 1996 Bates number HQR- 045- 261 2. It has got your signature on it , and a Ms. Jill Lyte? A. Correct. Q. Do you recall this document? A. Vaguely. Q. Okay, what is it? And please review it before you answer. A. This was when we -- we had a very bad budget year in FY96 , and we were in the midst of finishing the Westinghouse design for the
multipurpose canister. And we wanted to finish

SUBSCRIBED AND SWORN to before me this
of JV'L.(

day

20(2L

i. "
My Commission Expires:
Pat

L. Austin

Notary Public, DIstrict of Columbia My Commission Expli'eS 05. 14- 2006

the design and complete the design before the design team disbanded to allow it to continue to

Page 239

Page 241

10 II 12

13 14 15 16 17 18 '
19

be of some use in the industry, We asked the Office of Environmental Management to try to support us with that and they agreed to do so , and this was the agreement that they provided a million dollars to us to help us finish that design. Q. Why would they do that? MS. HERRMANN: Objection. Speculation, A. So they could use the technology and storage that they have. They have storage needs and that technology would be helpful to them as well. Q. What are their storage needs? A. They store commercial fuel at Idaho as well as West Valley, New York and also DOE fuel in the end reactor.
Q. And the technology being developed in

UNITED STATES OF AMERICA) STATE OF MARYLAND
, CAPPY HALLOCK , the reporter before whom the foregoing deposition was taken , do hereby certify that the witness whose testimony appears in the foregoing deposition was sworn by me; that
said deposition is a true record of the testimony

given by said witness.
I further certify that I am neither
counsel for , related to. nor employed by any 'Of the parties to the action In which this deposition

was taken; and further that I am not a relative or employee of any attorney or counsel employed by the parties hereto , or financially or otherwise
interested in the outcome of this action.

21 22 A. 23

20 of that fuel you just mentioned?
Correct.
Q. Okay.

the MPC program could be useful to EM in connection with its responsibility for the storage

24 25

Cappy Hallock , RPR, CRR

MR. STOUCK: Let' s quit for the day. (Discussion off the record. (Thereupon, at 5:40 p. , the taking of

My Commission expires January I , 2005

61 (Pages 238 to 241)
Alderson Reporting Company, Inc.
1III 14th Street ,

N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005

; .. ~~ ,

---Case 1:98-cv-00126-JFM Ronald A. Milner Document 856-15

-Filed 09/03/2004

- Page 13 of 21
May 2 , 2002

McLean , VA
Page 197

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.

J. )

FLORIDA POWER & LIGHT COMPANY

(98- 483C) (Wilson , (98- 484C) (Wiese , J.
DUKE POWER , A

J.

NORTHERN STATES POWER COMPANY

Division of
CIrIIfted

DUKE ENERGY CORP. (98- 485C) (Sypolt
(98- 486C) (98- 488C)
(Hodges, J.

COPV

INDIANA MICHIGAN POWER COMPANY

SACRAMENTO MUNICIPAL UTILITY DISTRICT
(Yock , S.

SOUTHERN NUCLEAR OPERATING COMPANY

et al.
(98- 488C)
(Yock, S.

COMMONWEALTH EDISON COMPANY

(98- 621C)
(99- 447C)

(Hewitt, J.

BOSTON EDISON COMPANY
(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

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May 2 , 2002

Ronald A. Milner
McLean , VA

Page 198

(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)

(Bush, J.

NEBRASKA PUBLIC POWER DISTRICT
( 0 1- 116 C) (Sypo 1 t , J.

TENNESSEE VALLEY AUTHORITY

(01- 249C)

(Bruggink, J.

Plaintiff s,
THE UNITED STATES,

Discovery Judge:
: (Judge
xSypo 1 t )

Defendant.
McLean, Virginia

Thursday, May 2, 2002
Continued deposition of RONALD A.

MILNER, a witness, recalled for examination by
counsel for Plaintiffs in the above-

entitled

mat ter, 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. 1111 14th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005

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May 2 , 2002

Ronald A. Milner

McLean , VA
Page 310

needed to be looked at more carefully?
MS. HERRMANN

Obj ection

--

foundation.
THE WITNESS:

I would assume that

was referring to ramp- up rates in the August
14th memo.

I don't know what they were
BY MR. TOMASZCZUK:

offhand.

Can you look at the memo and identify
for me what you were suggesting needed to be
looked at more carefully?
Which memo?

The memo from Mr. Lemeshewsky on which

you'

re, as I understand it

providing comments.
Potentially it was MRS

(The witness reviewed the document.
THE WITNESS:

acceptance rates shown on HQR- 0593236.
BY MR. TOMASZCZUK:

You' re referrlng to the second bullet
on that page

MRS annual acceptance rate

limit?

Correct.
Start at 1430 and then go to

6, OOO?

Correct.
Those limits were at least at the

upper end higher than the limits we have seen in

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

Case 1:98-cv-00126-JFM Ronald A. Milner

Document 856-15

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Page 16 of 21
May 2 , 2002

McLean , VA
Page 311

previous documents?

That'

s correct.

So that was something you were

suggesting should be looked at more carefully?

That'

s correct.

The cover memo from Mr. Lemeshewsky,
the first page of Milner Exhibit 38 in the first

sentence says in various OCRWM

documents, the

waste acceptance rate at steady- state operation
was assumed at about 3 000 MTU per year.

That was certainly a true

statement,

correct?
That was certainly the program' s goal at that time.

Q. I gather you were not indicating in
your memo providing comments that that
000

MTU

waste acceptance rate at steady-state operation
needed a more careful look?
MS. HERRMANN

Obj ection

--

foundation.
THE WITNESS:
I don' t believe that

would have been the

case.
S Y.cz,Ul\.:

BY lV1K. I

What did you mean, Mr. Milner , in the by use of the phrase near-term driver for our

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

,"

, '~

.
Case 1:98-cv-00126-JFM
Ronald A. Milner
McLean. V A

Document 856-15

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Page 17 of 21
May 2 , 2002

!'~ge 402

does.

Q. It appears that the~e :-ate~ are baed
on the existence oran MRS'?

A. Apparently so.
MR. TOMASZCZUK: It' & 6:~O. (Whereupon, at 6:20 p. m., the deposition was recessed , to reconvene at 9:00

.~.u

~(L 1J(~
RONALD A. MILNER

SUBSCRlBED AND SWORN to before me this_2
111
day of---~tl

~~

F--- , 20 ~:E'.

V:-~~~7r~1
My commIssion expIres:

"5 ~/./ II

f:.

Page 403

CERTIFICATE OF NOTARY PUBLIC , Catherine S. Boyd, the Notary Public before whom the proceeding occurred pages through , do hereby certify that the witness was duly sworn, that the testimony of said witness 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 neither counsel for, related to, nor employed by any of the parties to this 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. Witness my signature and seal:

CATHERINE S. BOYD Notary Public in and for The Commonwealth of Virginia My commissIOn expires:
February 28 , 2006

53 (Pages 402 to 403)

Alderson Reporting Company, Inc.
IIII 14th Street ,

N. W. Suite 400 1- 800- FOR- DEPO Washington. DC 20005

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