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

Case 1:98-cv-00126-JFM

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u.s.

De~t ~ustice
Telephone: (2()2) 307- 6288

FWH : DMC: HDLester

154- 98- 126

MiuIIingron.

ac zaw

March 1, 1999

VIA TELECOPY AND FIRST CLASS MAIL
Jerry "Stouck

Robert L. Shapiro spriggs & Hollingsworth 1350 I Street, N. Ninth Floor

Washington, ' D.
Re:

C. 20005-3305

Yankee Atomic Electric Co. v. Vnited St ates, No. 98-126C (Fed. Cl. ); Connecticut Yankee AtQmic Power Co. . v. united States, ~o. 98-154C (Fed. Cl.); Maine Yankee Atomic Power Co. v. United States, No. 98- 474C .

fFed. Cl.)

Dear Messrs. Stouck and Shapiro~

This letter is .i:nresponse to. your letter dated February 18, 1999, and its accompanying notice of deposition. As I agreed with Mr. Shapiro on February 26, 1999, we are provid~ng you with this letter in lieu of ~he Rule 30 (b) (6) deposition, which you had no t iced for this morning. ~

. letter

1999, Mr. Shapiro confirmed our agreement that we would provide this letter in lieu of the deposition noticed for today. He also asserted in his that we " agreed that if we did need to proceed with the deposition that it -would take place by the -end of the week of I have no recollection of any representation or March 1st. discussion that any deposition would take place "by the' end of reviewing this letter, the week of March 1st. plaintiffs continue to seek a deposition upon the matters identified in the notice of deposition, we are willing to discuss the scope of that deposition and a date for such a deposition with you. However, we made no agreement regarding a specific.

In a letter' dated February 26,

If f after

date for that deposition.

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- 2 -

i'

Rule 30 (b) (6) deposition notice,

Prior to responding to the information requested in your we note that a Rule 30 (b) (6) deposi tion is not an appropriate vehicle for the discovery that you seek. First, there is no central record keeping system for all of the information that you seek, particularly with regard to your request for "the nature of (each individual' s1 involvement with ~nd knowledge of the subject matter in question. to respond completely to your requests for information about the nature" of each individual' s "involvement and knowledge of the subject matter, in question, " you would pr~sumably have to depose each and every individual identified~ as it would be impossible for us to extract all such information regarding each person and provide it either in written form or in a Rule 30 (b) (6)

In fact,

Further, in I ight of the documents that have already been produced to you (including the contract files for the plaintiffs already in these three cases), the documents that you presumably , have in light of your clients' contemporaneous involvement in the matters at issue in this case, and the access that you will haveto the electronic database of documents maintained' by the Department of Energy, you should be able to identify the contracting officers assigned to these contracts and the seek you individualS with knowledge of the matters about which ' oduced to you should information. Further, the documentation ' P (each provide you with adequate means to identif , the " nature of the identified individual' sl involvement and know~edge Advisory Committee Notes to Rule 30 (b) (6) of the topics. The was' Federal Rules of Civil Procedure indica te that the rule , intended to assist parties otherwise unable to identify who Fed. , within the organization has knowledge of particular 970 R, Civ, Pro', Rule 30' (b) (6), Notes of Advisory Committee on 1 Amendment. We have identified below the individuals who have

deposition.

"0

facts,

knowl'edge"' o'f' "t'he"""" partrcular- -fa-ct S~I.'

"thcrt'

a'll'! fact;3 Your requ,est that we go beyond that task and identify "

yoUllave- -ident' if i ed

known on every topic identified is beyond any reasonable interpretation of Rule 30 (b) (6), Given that some of the information that you currently seek is similar in nature to information that you sought in your secqnd set of interrogatories, it also conflicts with the purposes of Rule 33 (c ) of the Rules of the Court of Federal Claims, which allows us to produce business records th~ough which you can obtain the information that you seek.

Without waiving these objections, we have attempted to identify eight or more individuals for the categories that you have identified, with the exception of clearly irrelevant categories of information that are not designed to lead to, th& discovery of admissible evidence in the proceedings before the your request Court of Federal Claims. We specifically object ' toindividual' s1 lithe nature of (each for all information regarding involvement with and knowl~dge of the subject matter in

',
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f;)
- 3 question, n as vague, ambiguous, and unduly burdensome, as well

th~ - topic ' at ii3sue, with the involvement in the particular ~atte:r: (with the exqeption of cont;.ractiIig officers, who are listed after ' other Fed~r~l employaes)
each topic has knowledge -of individuals listed in descending order of all listed Federal employees is the Department of

for the reasons set forth above. Each

individual listed under

Energy, 1000 20585, (202) 586Independen~eAvenu~( S. 5000, Furt,her, wil~ss oth,erWi'se indicated below, the busihese(:' address / for all contractor" personnel' ' i's ' TRW Env-ironmental Sateby' Vienn~, Virgin~. Systems, Inc., 2650, Park, Tower Drive' , SuiteW., Was~ington, G. 800,

Unless otherWise indicated below, the bu~iness address for

22-180; We are precluded from ~rqviding. .. h()~~ addresse~ !i 552a, (l~p~r~ individuals, pursuant to the Privacy Act, 5 U.

C,

fpr '

The identities of ' the eight (8) PERSONS with the QUESTION 1 most personal knowledge concerning the schedule (measured uranium or assemblies per y~ar or by, some of terms of metric tons other measure) by which DOE is obligated to - remove SPENT PQJ~

in"

from the site of PLAINTIFFS' reactors pursuant - to PLAINT I

F,PS ,

Spent Fuel Disposal Contracts.
Federal
Alan Brownstein (1985- 91, Nuclear Industry Specialist; Management & Support Division; 1991- 94, Sup~rvisory Industry Specialist, Logistics & Utility Interface Branch, 1994- 95, Supervisory Industry Speclali~t, ' Waste Acceptance Division; 1995- present, supervisory Program Analyst, Regulatory Nancy Slater (1991,-: 9!?, " ndus try Specialist; Logistics & Augu,st' 1995 ;: utility Interface Brari~h; March 19 Specialist, Waste Acceptance, SuperVisory IndustrY'\ :Divisionr August . 199S' :;'t:o present, Industry .Speciali~t,.L'

In.tegration Division)
5 to

Regulatory Coordination Division)"

pave Zabransky (1991-95, General Engineer, Logistics & Utility Interface Branch; 1995 to 1997, General Engineer, Waste Acceptance Division; 1997 to present, Industry Specialist, Regulatory Coordination Division)
Beth Tomasoni, Chris Jedrey, Former Contracting Officer (address unknown) Rich Leotta, Former Contracting Officer

Contracting Officer

Contractor
Billy Cole, Manager, TESS Waste Acceptance Scott Vance (1988- 93 f Research Engineer f Battelle PNL, Waste Management Department; 1993 -94, Consultant CH2MHill; Senior Consultant f JAr, Inc., TESS Waste Acceptance),

"~.., " '

'

:,.

" ," ., , ;" ' '
~~,
' . .:":''
." ,

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-4current address~ JAI, Inc., 1210 Virginia Circl~,

Nampa~ Idaho 83687 Ed Benz (1979~81" Project Manager, Battelle, Columbus; 1983- 88, Jacobs Engineering (Weston Te~mmate), Waste ' Engineering,

waste Acceptance Task Lead~r; 1994~9~, ~acobs Leader; i9' 97 to
Engineering, was'te Acce~t'ance Task

Package Program Manage r;"l~988- 91, Jacobs

present, JAI, Inc. (TESS Teammate), Senior w~st~ Acceptance)
QUESTION 2; , "

Consult~t,

most' personal: knowled~e,. concerning.. J*e d~~~ py 'tfhich DOE is the ' SP~~, JmBL, , f~Om , obligated !=o finish removing
&1.1 of

the identities

of

the eight (8)

PERsoNs

wi!:h the ,

C" PLAINTIFFSc ' reactors pursuant to P~INTIFFS Spent Fuel Disposal

Contraots.
Federal
Alan ~rownstein Nancy ' Slater

Dave Zabransky
Beth Tomasoni Chris Jedrey

Rich Leotta
Contracto~

Billy C6ie Scot t Vance

Ed Benz'

:e~g~, ll;Jt." P~RSONa" w1th the identiot~e.a o~. . most perso~al ,knoW1E!!c;\g,e 9o~cerniiig ~e ~eff~ct ' that the permanently sh1,lt, . down statuQ ,of L:AINTIF.-FSc t:'eactors: has on the timing of, the removal of 'SPENT FUBLi;fran the ,site Qf PLAINTIFFSc reactors pu~suant to PLAnn'IFFS" , Spent Fuel Disposal Contracts.
QUESTI.ON.. 3J:-

Federal
Alan Brownstein

Nancy (1985- 89, Dir~ctor, Transportation & Waste gl~ter Lake Barrett

OCRWM)

Systems Division; 1989":9i, Deputy Associate' Director for External Relations & Policy; 1993- 97, Deputy Director of OCRWM; 1997 to present, Acting Director,

,,
Case 1:98-cv-00126-JFM Document 856-10 Filed 09/03/2004 Page 6 of 16

-5Ronald P. Milner (April 1984 to March ' 19~5, Supervisory Program Analyst, Operations Division; March 1985 to May 1986, Supervis~;ry ,General Engineer, Finance &: Cost, Arialysis Division; May 1986 to SepteffiQer 1986, Analytical Services Supervisory General Engineer Branch; September 1986 to July 1988, Supervisory General Engineer, Financial Management Analysis Division; July 1988 to June 1991, Supervisory , General Engineer, Program Control Division; June 19~1 ~o January 1995, Associate Director for 9ffice of Storage and Transportation; January 1995 to M~y 1997, Director, Transpor~ation; M~y 1997 Office ~f Program Management to June 1997, Director, Office of Was~e Acc~ptance & Transportation; June 1997 to present, Acting Deputy

'7;1

Dave. Zabransky
Beth Tomasoni Chris Jedrey

Director, OCRWM)

Rich Leot ta Cont.ractor
Ed ' ' Benz

Billy Col~ Scqtt Vance
QUES~IQ~, 4: , The, identit ieliJ f the ' e;i,.ght' (8) PEaSONS with, the most personal knowledge concerning DOE' s' purs~ant. to PLAINTIFFS' spent fuel disposal contracts, with respect to agreements - between a PLAINTIFF and any other CONTRACT HOLDER that concern exchanges of approved delivery commitment schedules.

role,

~ederal
Alan' BroWns~ein
Nancy S

Ronald P ~ Milner
Lake Barrett Beth Tomasoni chris Jedrey

Dav~ ' Zabransky

later

Ric4 Leot ta

Contractor
Billy Cole
Scot t

Vance

Pat MacDuffee, Retired Principal Investigator PNL

unknown)

(address

',

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iI)
- 6 -

most personal knowledge concerning the treatment ox: handling of Greater Than Class C Waste pursuant to PLAINTIFFS I Spent Fuel

QUBSTION 5: The identities of the eight (8) PERSONS with the

Disposal Contraots.

Federal
Alan Brownstein

Nancy, ,~nater

Da'Ve Zabransky,

Ronald P. Milner

Lake Barrett, ' Beth Totnasoni
Chris Jedrey

Rich Leotta Contractor
Billy Cole
Scot t

Vance

Pat MacDuffee

QUESTION 6: The identities of the eight (8) PERSONS ,wi th

the

most personal knowledge oonoerning ' DOB' s interpretation of PLAINTIFFS' obligations under Article 'IV. 2 (a) of PLAINTIFFS' Spent Fuel Disposal ,Contracts to prepare its SPENT FUEL for

transport and/or'

storage. '

Federal
Alan Brownstein "N'attcy. Sl'ater" of Systems: James Carlson (1983-84, Nuclear Engineer, Office & Storage Development; 1984-88, Supervisory Gen~ral Engineer, Storage & Engineering Division; ~988~91, Supervisory General Engineer, Program Relations Branch;' 1991- 94, Supervisory General Engineer, Tra~sportation & Logistics Division; 1994- 97, Supervisory General Engineer, , System~ Engineering Division; 1997 to present, Supervisory General Engineer, Waste Acceptance
Dwight Shelor, Acting Director, Office of Acceptance,
Beth Tomasoni Chris Jedrey

and Transportation Division) Transportation and Integration

Rich Leotta Contractor
Billy Cole

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