Case 1:98-cv-00126-JFM
Document 856-11
Filed 09/03/2004
Page 1 of 13
EXHIB
IT
Case 1:98-cv-00126-JFM
Document 856-11
Filed 09/03/2004
Page 2 of 13
826
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
YANKEE ATOMIC ELECTRIC COMPANY;
CONNECTICUT YANKEE ATOMIC POWER
COMPANY; MAINE YANKEE. ATOMIC
POWER COMPANY;
Case Nos. 98-126C,
98-154C, 98-474C,
98-483C, 98-484C, 98-485C, 98-486C, 98-488C, 98- 614C,
FLORI DA POWER &
LIGHT COMPANY; NORTHERN STATES
POWER COMPANY; DUKE POWER, a
Di vision of DUKE ENERGY CORP.
98- 621C,
99'"""44 7C,
00- 440C, 0O- 695C,
INDIANA MICHIGAN POWER COMPANY;
00- 703C, 01- 115C,
01-116C, 01- 249C
SACRAMENTO MUNICIPAL UTILITY
(Caption continued on the next
page)
Deposi tion of LAKE H. BARRETT, VOLUME
Washington ,
D.
Wednes~ay, May 8, 2002
9:31 a.
Job No.
11792-
Pages: 826 through 1103
Reported by:
Diane Gomez, RPR
~(Q)(f)W
Washington, D. C.
D. REPORTING COMPANY, INC.
1100 Connecticut Avenue, NW . Suite 1150,
Fax: 202. 861. 3425
. 800. 292. 4789 . Website: Ladreporting. com
20036 . 202. 861. 3410 . E-maiL: Lisa~Ladreporting. com
NATIONWIDE COURT REPORTERS AND VIDEOGRAPHERS
Case 1:98-cv-00126-JFM
Document 856-11
Filed 09/03/2004
Page 3 of 13
DEPOSITION OF LAKE H. BARRETT, VOLUME CONDUCTED ON WEDNESDAY , MAY 8, 2002
827
DISTRICT; SOUTHERN NUCLEAR
OPERATING COMPANY, et a1.
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
D.
REPORTING COMPANY, INC.
(202) 861- 3410
(800) 292-
4789 (301) 762- 8282
(703) 288- 0026
"?
Case 1:98-cv-00126-JFM
Document 856-11
Filed 09/03/2004
Page 4 of 13
DEPOSITION OF LAKE H. BARRETT, VOLUME CONDUCTED ON WEDNESDAY, MAY 8, 2002
1044
A support role.
And please describe that support
role.
ve done technological issues with the
Nuclear Regulatory Commission to facilitate and
support vendors getting certifications.
An example of
would be burn- up
credit.
ve submitted topical,
use.
So we
reports to the NRC which all vendors can
play
a support role to certifications.
The actual approval or certification comes
from the NRC alone, correct?
For health and safety purposes,
yes.
What do you mean by " for
purposes
health and safety
The NRC evaluates and approves based upon
public health and safety.
They do not on economics or
interchange issues or other things like
that.
example would be under the contract on the DOE
accepting this
acceptable waste form, the re are size, loads, and things like that need issues such have have not done. worked out, which
approval, DOE has approval for receipt as well as the
NRC for health and
safety.
L. A. D. REPORTING COMPANY, INC.
(202) 861- 3410
(800) 292-
4789 (301) 762- 8282
(703) 288- 0026
Case 1:98-cv-00126-JFM
Document 856-11
Filed 09/03/2004
Page 5 of 13
DEPOSITION OF LAKE H. BARRETT, VOLUME CONDUCTED ON WEDNESDAY, MAY 8, 2002
1045
(Deposi tion Exhibit Barrett 50 was marked
for identification and retained by Counsel.
Mr.
you Exhibit 50,
Barrett, the court
which bears Bates
reporter has
handed
CTR- 04 0-05 68
through
0583.
It I S
dated April 26, 1995,
and it'
from T.
Glauthier, G-I-
u-t-h- i -
r, Associate
Director,
Do you
Natural Resources, Energy, and Science; and Charles
Curtis, Undersecretary, Department of
have that document before you?
I do.
Energy.
And do you see on the second page the
distribution includes a copy going to Daniel Dreyfus?
Yes.
Now , on April 26, 1995, you reported to
Mr. Dreyfus, did you not?
Correct.
Do you recall earlier today you I believe
indicated that on, I don t know if you used the term
frequent, "
but perhaps regularly you deal, in your
capaci ty as deputy director, with the Office of
Management and Budget?
L. A. D. REPORTING COMPANY, INC.
(202) 861-3410
(800) 292-
4789 (301) 762- 8282
(703) 288- 0026..
Case 1:98-cv-00126-JFM
Document 856-11
Filed 09/03/2004
Page 6 of 13
DEPOSITION OF LAKE H. BARRETT, VOLUME CONDUCTED ON WEDNESDAY , MAY 8, 2002
1046
Yes.
And -Well, excuse me.
Primarily as the acting
director.
Primarily as the acting director?
Yeah.
Sometimes I
do.
And would you have dealt with the Office of
Management and Budget in 1995 in connection with the
issues addressed in Exhibit 50?
In a nonpolicy
sense.
So you would have dealt with the Office of
Management and Budget in connection with these
issues,
correct?
In a nonpolicy
sense.
Now , the memorandum, it' s on the letterhead
of the Executive Office of the
Management and Budget.
I see that.
President, Office of
Do you see that?
Who is T. J. Glauthier, if that' s how you
state it?
Yeah, T. J.
Glauthier.
Who was he?
(202) 861- 3410
(800) 292-4789 (301)
D.
REPORTING COMPANY, INC.
762- 8282 (703) 288- 0026
Case 1:98-cv-00126-JFM
Document 856-11
Filed 09/03/2004
Page 7 of 13
DEPOSITION OF LAKE H. BARRETT, VOLUME CONDUCTED ON WEDNESDAY , MAY 8, 2002
1047
At that time he was the associate director
of natural resources and energy and science wi thin the
OMB.
And Mr. Charles Curtis, who the memorandum
is also from, was an official with the Department of
Energy, correct?
He was the Undersecretary at that
time.
Do you know why Mr. Curtis issued a
memorandum on April
26th, 1995,
on letterhead of the
Office of Management and Budget?
MS. HERRMANN:
Obj ection.
Speculation.
No.
Would that have been unusual based on your
experience in the office?
Not unusual.
I don t see any initials on
not sure this is a
final.
it.
m not sure this is
issued.
Have you ever seen another memorandum in which Undersecretary of the Department of Energy
issued a memorandum on letterhead of the Office of
Management and Budget?
What?
D.
REPORTING COMPANY, INC.
(202) 861- 3410
(800) 292-
4789 (301) 762- 8282
(703) 288- 0026
Case 1:98-cv-00126-JFM
Document 856-11
Filed 09/03/2004
Page 8 of 13
DEPOSITION OF LAKE H. BARRETT , VOLUME CONDUCTED ON WEDNESDAY , MAY 8, 2002
1048
Are you familiar with any other situation
in which an official of the Department of Energy
issued a memorandum on letterhead of the Office of
Management and Budget?
You used the word " issued.
this is issued.
m not sure
Usually I r m used
to seeing a little
curlicue, a signature,
issued.
something with
it.
This may be
But assuming it was issued, are you aware
of any other instance in which an official of the
Department of Energy issued a memorandum on letterhead
of the Office of Management and Budget?
I don t know of
any, but it I s --
I would
think it I S not uncommon.
Well , assuming this memorandum was, In
fact ,
issued, why do you believe that Mr. Curtis would
have issued a memorandum on the letterhead of the
Office of Management and Budget?
MS. HERRMANN:
Objection.
Speculation.
T. J.
The first name on there is
r s, not
So whose
Charlie
So this was a joint acti vi ty.
letterhead it is
, it' s going to be one or the other.
D. REPORTING COMPANY, INC.
(202) 861-3410
(800) 292-
4789 (301) 762-8282
(703) 288-0026
Case 1:98-cv-00126-JFM
Document 856-11
Filed 09/03/2004
Page 9 of 13
DEPOSITION OF LAKE H. BARRETT, VOLUME CONDUCTED ON WEDNESDAY, MAY 8, 2002
1049
J. is first.
That' s probably why it'
s on his
letterhead, but I' m
0571.
speculating because I don t know.
Can you turn to page two , Bates number
m sorry, 05 -- mine
the second page?
s cut off. So it'
Second page,
yes.
Fourth page 0 f
Okay. '
m there.
the
MR. MACDONALD:
document.
THE WITNESS:
Says page two on the bottom?
MR. MACDONALD:
Yes.
Under Issues in the first
paragraph, will
you take a moment to read
that.
Yes.
Have you read the first paragraph?
Yes.
Is the first paragraph consistent with your
understanding?
When you said the first -- I haven
read -- you says
issues.
The first paragraph, not
down to " expectation for waste
D. REPORTING COMPANY , INC.
(202) 861- 3410
(800) 292-
4789 (301) 762-8282
(703) 288-00
Case 1:98-cv-00126-JFM
Document 856-11
Filed 09/03/2004
Page 10 of 13
DEPOSITION OF LAKE H. BARRETT , VOLUME CONDUCTED ON WEDNESDAY , MAY 8 , 2002
1050
No.
My question is with respect to this
statement:
When the nuclear waste policy was
enacted,
policy act was enacted, it was envisioned that the
department would have a repository available for
permanent waste disposal in 1998, and the department
entered into contracts with the utility to begin
accepting waste in 1998 on that
basis.
Is that
statement consistent with your understanding?
Yes.
MS. HERRMANN:
Obj ection.
Foundation,
calls for a legal conclusion.
Yes.
On page three could you please turn to the
first paragraph on the top of the
page.
Do you see
that?
Yes.
Why would continued on- site storage of
spent fuel threaten the orderly operation of the
nation
s civilian nuclear reactors?
MS. HERRMANN:
Obj ection.
Foundation.
You can take time to read it if you need
to.
REPORTING COMPANY, INC.
762-8282
(202) 861-3410
(800) 292-4789 (301)
D.
(703) 288-0026
Case 1:98-cv-00126-JFM
Document 856-11
Filed 09/03/2004
Page 11 of 13
DEPOSITION OF LAKE H. BARRETT, VOLUME CONDUCTED ON WEDNESDAY, MAY 8, 2002
1051
THE WITNESS:
Yeah.
You re referring to a phrase in this
paragraph?
looking at the last sentence of the
first full paragraph on page
The last sentence.
three.
Do you see that?
I see the last
sentence.
And my question is how or why would the
continued on- site storage of spent fuel threaten the
orderly operation of the nation ' s
civilian nuclear
reactors?
MS. HERRMANN:
Obj ection.
Foundation.
The example of this would be the Prairie
Island situation.
And please explain to me that
example.
Where due to local state -- state law they
had difficulty getting storage and may have to shut
the reactor down.
Are there any other situations that you
familiar with which at- reactor storage could threaten
the orderly operation of nuclear reactors?
No specific
ones.
(202) 861- 3410
(800) 292-4789 (301)
D.
REPORTING COMPANY, INC.
762-8282
(703) 288-0026
Case 1:98-cv-00126-JFM
Document 856-11
Filed 09/03/2004
Page 12 of 13
DEPOSITION OF LAKE H. BARRETT, VOLUME CONDUCTED ON WEDNESDAY , MAY 8, 2002
1052
Do you believe that to be generally a
concern?
Yes.
Do you recall I asked you about an Upton
Bill, U-
p-t-
n, the last session of this deposition?
Vaguely.
Could you please turn to what' s marked as
page one, Bates number 0579 of this
MS. HERRMANN:
exhibit.
copy,
The next page in our
right, counsel?
Policy options, option one?
Yes, that I s the
page.
I see it.
It'
s Option
sorry.
Option 4?
Yes.
The bottom of the page is Bates
number 0579.
MS. HERRMANN:
Our Bates numbers are cut
off so we re going to need a better
MR. CAYNE:
reference.
It' s Option 4.
page.
For the record, a good
Yes, I see the
MS. HERRMANN:
D.
REPORTING COMPANY, INC.
(202) 861-3410
(800) 292-
4789 (301) 762- 8282
(703) 288-0026
Case 1:98-cv-00126-JFM
Document 856-11
Filed 09/03/2004
Page 13 of 13
DEPOSITION OF LAKE H. BARRETT, VOLUME CONDUCTED ON WEDNESDAY , MAY 8, 2002
1053
number of these pages are numbered page number one and
page number two, so that' s not going to help.
Just so you know , ten minutes from now
need to
go.
It'
s 3:45.
Oh, I' m a whole hour off.
Sorry about
that.
MS. HERRMANN:
Wishful thinking.
I I d like to turn your attention to towards the bottom of the page there I s a paragraph that begins
start of waste acceptance.
Do you see that?
Yeah,
see
the paragraph.
Would you please
read that.
Okay.
Have you read that passage?
Yes.
Now,
the reference
the storage
facility
here is to an interim storage facility, correct?
MS. HERRMANN:
Obj ection.
Foundation.
That'
s my understanding.
And just for the record, let me just read
the statement so it'
s clear what we re talking about.
(202) 861-3410
(800) 292-4789 (301)
D.
REPORTING COMPANY, INC.
762- 8282 (703) 288- 0026