Case 1:98-cv-00126-JFM
Document 856-15
Filed 09/03/2004
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EXHIB
IT 13
Case 1:98-cv-00126-JFM
Document 856-15
Filed 09/03/2004
Page 2 of 21
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
Case 1:98-cv-00126-JFM
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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
Document 856-15
Filed 09/03/2004
Page 4 of 21
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
Document 856-15
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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
Case 1:98-cv-00126-JFM
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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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Page 14 of 21
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
Case 1:98-cv-00126-JFM
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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
Filed 09/03/2004
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
Filed 09/03/2004
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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