Case 1:98-cv-00126-JFM Alan Brownstein
Document 846-8
Filed 07/14/2004
McLean, VA
Page 1 of 25 9, 2002 April
testimony?
In the mission plan or the mission
plan amendments.
Okay.
And how did you go about doing
that?
Explain to me what you mean by
that.
My responsibilities did not include developing a waste acceptance rate that was done
by other parts of the program, and in order to
complete the things that I was responsible
for,
we needed a waste acceptance rate, and I used
documents available elsewhere in the
program.
Who was responsible for developing the
waste acceptance rates reflected on page 26 of
Exhibi t 2?
I don' t recall.
As I testif ied, this
document came out before I was an employee, so I
don' t know who, who was responsible for
that.
I don' t recall who was responsible for
that.
What office within DOE was responsible
for preparing this data, do you know?
OCRWM .
Was there a division or branch within
OCRWM that was responsible for preparing the
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 846-8
Filed 07/14/2004
McLean, VA
Page 2 of 25 9, 2002 April
Page 99
it not?
It does.
MR. BANES:
Obj ection
.
Calls for a
legal conclusion.
THE WITNESS:
Okay.
m sorry.
does.
It says that in the
contract.
BY MR. TOMASZCZUK:
Do you have an understanding of what
that term means, planning purposes only?
MR. BANES:
Objection.
Calls for a
legal conclusion.
You can answer.
THE WITNESS:
Okay.
I believe I
do.
I believe I did, and I believe I do, and I tried
to take my beliefs, the department' s beliefs,
and write them into this document, which is
under, under the entire Chapter One of the
document, so we tried to explain what it
meant,
what its purpose was, what it did, and what it
didn'
t do.
BY MR. TOMASZCZUK:
When you say Chapter One of the
document, what were you referring to?
The beg inninq
on page
25
Is there a particular language that
Alderson Reporting Company, Inc.
111114th Street , N. W. Suite 400 1- 8oo- FOR- DEPO Washington , DC 20005
..-.,
Alan Brownstein Case 1:98-cv-00126-JFM
Document 846-8
Filed 07/14/2004
McLean , VA
Page 3 of 25 9, 2002 April
Page 100
1 ~ explicates
means?
what the term planning purposes
MR. BANES:
Obj ection
.
Calls for a
legal conclusion.
You can answer.
THE WITNESS:
I believe the key
sentence in my mind is under Section 1.
The last, the next to last sentence in that first paragraph says as specified in the
contract, the ACR is for planning purposes only
and thus is not contractually binding on either
the DOE or the purchasers.
So it was a planning document.
BY MR. TOMASZCZUK:
Just -- so it'
Yes.
s a planning document
required by the contract?
understand your
you under
testimony; were
time
pressure to get this document
out?
The contract, if I recall
correctly,
specified I believe both a, a month and a day and a year for the document I
believe.
If I told you the contract in part
said beginning not later than July 1, 1987, DOE
Alderson Reporting Company, Inc. 111114th Street, N. W. Suite 400 1- 8oo- FOR- DEPO Washington, DC 20005
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Case 1:98-cv-00126-JFM Alan Brownstein
Document 846-8
Filed 07/14/2004
McLean, VA
Page 4 of April 9, 2002 25
Page 144
Were those rates consistent with the
let ter
and spirit of the NWPA and the
MR. BANE S:
contract? Objection. Calls for a
The letter and spirit
legal conclusion, and vague.
THE WITNESS:
you re referring to in that paragraph was
responding to Mr. Kraft'
s concern of his
letter.
His concern was that the department
would fulfill whatever its obligations were
through accepting a single
assembly.
We tried to address that concern in
this paragraph in those words, so -BY MR. TOMASZCZUK:
And as I understand it, acceptance of
one spent fuel rod would not be consistent with
the letter and spirit of the NWPA in the
contract in your mind? I would agree with that statement.
All right.
A little further down on
this same page, in paragraph, page 2, there is a
reference and a sentence that reads as required
by the contract, these schedules will serve as
the basis for developing contractually binding
Delivery Commitment Schedules in 1991?
Yes.
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 846-8
McLean, VA
Filed 07/14/2004
Page 5 of 25
April 9, 2002
Page 242
CERTIFICATE OF NOTARY PUBLIC
I, Catherine S. Boyd, the Notary
Public before whom the proceeding occurred,
pages 1
through 241, 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
Alderson Reporting Company, Inc. 111114th Street, N. W. Suite 400 1- 8oo-FOR-DEPO Washington, DC 20005
Case 1:98-cv-00126-JFM
Document 846-8
Filed 07/14/2004
Page 6 of 25
CERTIFICATE OF NOTARY PUBLIC
I, Cather
Pub 1 i c
i ne S. Boyd.
the Notary
befo re whom the proceed
i ng occu r red,
pages
th rough
, do hereby cert i fy that the
wi tness was duly sworn, that the testimony of sai d wi tness was taken by me and thereafter
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,
that I am nei ther counsel for. related to, nor
employed by any of the parties to this
proceeding, and further, that I am not a
"r,
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 proceed
i ng, 0 r any act ion
i nvo 1 ved the
rewi th.
Witness my signature and
seal:
;'h~.$: If
CATHERINE S. BOYD
Notary Publ i c in and for
The Commonwealth of Virginia
My commission
expires:
February 28,
2006
,!!
,.."""" ."
../
- - - - - - - - - - - - - - - - - - - - Case 1:98-cv-00126-JFM
Alan Brownstein
Document 846-8
McLean , V A
Filed 07/14/2004
Page 7 of 25
April 10 ,
2002
Page 242
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
YANKEE ATOMIC ELECTRIC COMPANY
( 98 - 12
6C) (Me
row, S. J . )
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.
Certified Copy
INDIANA MICHIGAN POWER COMPANY
(98-48 6C) (Hodges, J.
SACRAMENTO MUNICIPAL UTILITY DISTRICT
(98-488C) (Yock, S.
SOUTHERN NUCLEAR OPERATING COMPANY,
et al.
(98-488C) (Yock, S.
COMMONWEALTH EDISON COMPANY
(98-621C) (Hewitt, J.
BOSTON EDISON COMPANY
(99- 447C)
I /
(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 846-8
Filed 07/14/2004
Page 8 of 25
April 10 ,
2002
McLean , V A
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) (Bush, J.
NEBRASKA PUBLIC POWER DISTRICT
( 0 1 -
11 6 C) (S yp 0 It, J.
TENNESSEE VALLEY AUTHORITY
(01- 249C)
(Bruggink, J.
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
Document 846-8
Filed 07/14/2004
Page 9 of 25
April 10 ,
2002
McLean , V A
Page 143
goal of trying to get a repository approved and
buil t at Yucca Mountain?
Completing the mission of the
program.
Right.
In your view, how likely is
that the reposi tory will be designed and
constructed to accept 900 metric tons a year?
MR. BANES:
Obj ection.
Calls for
speculation; lack of
foundation.
The question is
THE WITNESS:
confusing to me.
Whatever the
acceptance, whatever the
long term if you will acceptance rate
a several year ramp- up
is,
whatever that number would be, you would expect
period.
Can you read my
MR. TOMASZCZUK:
question back?
THE REPORTER:
Question:
In your
view, how likely is it that the reposi tory
will
be designed and constructed to accept 900 metric
tons a year?"
MR. BANES:
Obj ection.
Calls for
speculation; lack of
foundation.
As a steady state?
THE WITNESS:
that what your question implies?
BY MR. TOMASZCZUK:
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 846-8
Filed 07/14/2004
Page 10 of 25
April 10 ,
2002
McLean , V A
As a steady state,
answer.
That'
s fine if you want to put that
clarification on it to help you
answer.
I believe we would, I believe that
would be a low
figure.
I mean every document that you have
shown me shows a higher figure than that for
steady- state
proceedings.
operation.
(There was a pause in the
BY MR. TOMASZCZUK:
Mr. Brownstein, going back to the ACR,
this 1991 ACR, still on page 4, third paragraph
on this page, and there lS a reference in the
first sentence to Table 2.
1.
I think I have asked you some
questions about that.
Yes.
And then the sentence appears this
table, that is, the Table 2. 1, provides only an
approximation of the system throughput rates and
is subj ect to change depending on the system
design and configuration and Congressional
action regarding the condi
of an MRS facili
tions for the si ting
ty?
Alderson Reporting Company, Inc.
IIII 14th Street ,
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Case 1:98-cv-00126-JFM Alan Brownstein
Document 846-8
Filed 07/14/2004
Page 11 of 25
McLean , V A
April 10 ,
2002
Page 420
utili ties assumed.
I mean the
ta tement as I
wrote it and
as I meant it, the utili ties started looking
from a planning perspective, assuming that DOE
would begin acceptance in ' 98.
It doesn t mean anymore than
that.
BY MR. HIRSCH:
Now you said, went on to say by the
end of 1998, it is proj ected that approximately
38, 200 metric tons of spent nuclear fuel will be
in storage at reactor si tes
Um- hm.
across the country?
Do you know where you got that
information?
I probably got that from one of two
sources.
Probably I ei ther got it from an EIA
document, or -- the DOE Energy Information
Administration analysis or report, or a PNL
document.
Now
the best
Okay.
my recollection.
Thanks.
goes
say
available
until the federal government begins to accept
the spent nuclear fuel from utili ties,
Alderson Reporting Company, Inc.
1111 14th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005
--.
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Document 846-8
Filed 07/14/2004
Page 12April 10 , 2002 of 25
McLean , V A
Page 421
storage capaci ty at each reactor
si te will
ves
continue to such as dry
decrease, and other al ternati storage will be needed.
Do you know what your basis for making
that statement was?
As each day goes
on, spent fuel is
as they undergo,
produced, and the utili ties,
have to replace that spent
fuel on,
on a regular
basis.
That spent fuel has to go somewhere on
their si te, and the first line utili ties if you will is their
defense of the
storage pool, and
space was running out in their storage
pools,
and they were going to have to look at, at
al ternati
ves.
Once they looked at alternatives like
reracking, they would then have to look at
al ternati ves beyond
the storage
pool.
So as of the time you wrote this
document, you recognized that, that nuclear
utili ties were
running out of, out of space In
their storage pools, is that correct?
That was no secret.
Everyone
understood that.
Okay.
And then you go on to
say, "
Alderson Reporting Company, Inc.
1111 14th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005
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Case 1:98-cv-00126-JFM
Alan Brownstein
Document 846-8
Filed 07/14/2004
Page 13 of 25
April 10 ,
2002
McLean , V A
Page 439
MR. HIRSCH:
Sure.
That' s fine.
(A recess was taken.
BY MR. HIRSCH:
Mr. Brownstein, will you look back at
Brownstein Deposition
Okay.
Exhibit 387
Will you look at page 23907
The re
also appears to be a drawing shown here, and
then beneath that, there
bullet points.
s some text wi th
four
Do you see that Yes, I do.
Somebody drew through the last bullet
point.
Is that something that you did, Mr.
Brownstein 7
I probably would have done
that.
fees
And why did you strike determine
in terms of payment
It is, in my mind, the waste
acceptance process, the fees in terms of payment
while they
separa te,
re part of the contract,
separate subj ect
Look at page 2391.
Alderson Reporting Company, Inc.
is, is a
from the was
acceptance process.
At the top of
1111 14th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005
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Page 14 of 25
April 10 ,
2002
McLean , V A
Page 441
group of utilities, that they were going to have
to, to make those decisions wi th respect to, you
know, additional storage at their
BY MR. HIRSCH:
sites.
And what kind of spent fuel decisions
or commi
tments did you understand the utili ties
Oh, as an example, commi
tmen t s
were going to have to make?
to dry
storage.
And then the last bullet point on this
page is " The
hardships resul ting
from the
uncertainties in the start of acceptance.
What did you understand were the
hardships to the utili ties
MR. BANES:
resul ting from the
uncertainties in the start- up?
Obj ection -- vague.
Calls
for speculation.
THE WITNESS:
To the extent that we
could not identify a particular point in time
when a facility would commence
would put a burden on the
operations, that utilities of what, of
internal decisions that they needed to make in
order to continue to keep their plants runnlng
to accommodate the spent fuel, and so this
statement recognized --
again, I' m
not sure that
Alderson Reporting Company, Inc.
1111 14th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005
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Case 1:98-cv-00126-JFM
Alan Brownstein
Document 846-8
Filed 07/14/2004
Page 15April 10 2002 of 25
McLean , V A
Page 442
hardships is a word that I would have used, but
purports to indicate in this draft that the
department at least has a recogni tion
if in fact
not a clear, in fact a clear understanding of
that the utili ties have
BY MR. HIRSCH:
been affected by
that.
The DOE recognized that the
uncertainties about when the DOE would start
acceptance would cause burdens on the utili
ties,
is that correct?
Sure.
Yes.
There s a -- strike
that. And one of
storage, is
the burdens would be, would it not, having to
determine or provide alternative
that correct?
MR. BANES:
Obj ection -- vague.
Maybe I can use an
THE WITNESS:
example, and the way best way to respond to you,
if we were going to be 30 days or 180 days or
360 days beyond a certain date, and then begin the waste acceptance
process, the utili ties
would find a, a low capital cost alternative to
accommoda te their spent fuel, whether it be
reracking or transferring to another facili ty.
It would not invest in mul ti- million
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 846-8
Filed 07/14/2004
Page 16 of 25
April 1 0 ,
2002
McLean , V A
Page 443
investment in dry storage
BY MR. HIRSCH:
capability.
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 is, 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
17
utili ties '
responsibili ty, so
you know,
that
burden exists on
the, existed on the utili ties. I should say that responsibili ty.
BY MR. HIRSCH:
And so in DOE' s Vlew, if the
government was going to miss the 1998 acceptance
date by 20 years say, that entire burden of
storing waste was the utilities
The, the statements, and if
necessary,
Alderson Reporting Company, Inc.
1111 14th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005
CaseBrownstein 1:98-cv-00126-JFM Alan
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Page 17 April 10 2002 of 25
McLean , V A
Page 452
reporter mark
something.
42.
This is an accompanying document to
this, so let' s go ahead and mark this as
(Brownstein Exhibits Nos. 41
and 42 were marked for
identification.
THE WITNESS:
Okay.
BY MR. HIRSCH:
Mr. Brownstein, I have handed you what
has been marked as Brownstein Deposi tion Exhibit 41 and Brownstein Deposition Exhibit 42.
Brownstein Deposi tion
Exhibi t 41 is a
memorandum for the Secretary from Dan
Dreyfus.
It has Bates labels HQR-00I-0339 and
HQR-001-311 through 312.
Can you identify these documents?
Can I?
Wha t
they are.
Yes.
Can you tell me what you understand
they are?
Sure.
They re, as I said, they
recommendations to the Secretary to approve the
department'
s issuance of a Notice of Inquiry
regarding waste acceptance lssues.
IIII 14th Street ,
Alderson Reporting Company, Inc. N. W. Suite 400 I- 800- FOR- DEPO Washington , DC 20005
-...
Case 1:98-cv-00126-JFM
Alan Brownstein
Document 846-8
Filed 07/14/2004
Page 18 of 25
April 10 ,
McLean , V A
2002
Page 453
And did you prepare Exhibi t
2 ~
41 and 42
the text, that is?
Yes.
And I guess Exhibi t
the Secretary of Energy?
42 shows that it
was approved by the Secretary, is that
correct,
Yes. That would have been Hazel 0' Leary,
that right?
Yes. Yes.
And on the right-hand column of
Exhibi t 41, on the second page, everybody signed
That doesn t look like --
yes.
off on this memo before I guess it went to the
Secretary, is that correct?
That'
s correct, um-hm.
You see in the discussion section
Looking at 41 or 42?
m sorry.
first page.
Let' s look at
41, the
Okay.
On the discussion section, first
paragraph, second sentence, it
says,
While it
is the Department' s preliminary view that the
Act does not impose a statutory obligation to
Alderson Reporting Company, Inc.
1111 14th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005
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Case 1:98-cv-00126-JFM
Alan Brownstein
Document 846-8
Filed 07/14/2004
Page 19 of 25
April 10 ,
2002
McLean , V A
Page 455
the mission plans and the ACRs, the DOE had
created an expectation it would begin accepting
spent fuel in 1998, is that correct?
I would not
MR. BANES:
Calls for legal
conclusion.
THE WITNESS:
No, I would not include
the mission plan in that because the mission
plan was part of the statute, not part of the
contract, but the rest of that statement was
accurate.
BY MR. HIRSCH:
All right.
So for example, by issuing
the ACRs, the department could have created an
expectation it would begin accepting spent
in 1998, is that correct?
MR. BANES:
fuel
Obj ection.
Calls for a
legal conclusion.
THE WITNESS:
May have created an
expectation.
(There was a pause in the
proceedings.
BY MR. HIRSCH:
the, under the lssue heading at
t he,
on the
first
page of Exhibi
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 846-8
Filed 07/14/2004
Page 20 of 25
April 10 ,
2002
McLean , V A
Page 456
Okay.
Do you see a reference to eliciting the views of interested parties on several
lssues, one,
three?
they re listed as one, two and
Yes.
And the third option is options
through the nuclear waste fund to offset a
portion of the financial burden which may be
incurred by utili ties
is that right?
in continuing to store
spent nuclear fuel at reactor
si tes beyond 1998,
Yes.
What was your understanding at that
time of what the financial burden was to the
utili ties for
1998?
storing spent nuclear fuel beyond
MR. BANES:
Obj ection -- asked and
answered, and calls for
THE WITNESS:
speculation.
Things like adding dry
storage to accommodate the spent
BY MR. HIRSCH:
fuel.
Q.
Mr. Brownstein, did you have any
discussions at the DOE that the DOE'
s inabili ty
to start accepting waste could delay reactor
Alderson Reporting Company, Inc.
II1I 14th Street ,
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Case 1:98-cv-00126-JFM
Alan Brownstein
Document 846-8
Filed 07/14/2004
Page 21 of 25
April 10 ,
2002
McLean , VA
Page 457
decommissioning?
I was aware of that, and you know,
over ten years dealing with the subj ect,
considered I would certainly have had a
discussion about that, but I don t recall a
specific discussion, but I may
have.
You
Well, let me put it this way.
were aware I take it of the possibility that the
DOE' s failure to pick up spent nuclear fuel
could cause utili ties
MR. BANES:
to delay reactor
decommissioning, is that correct?
Obj ection -- misleading.
Calls for
speculation.
THE WITNESS:
14 i
Yes.
BY MR. HIRSCH:
Were you informed of that by
utilities?
I don t have a specific recollection
of that.
Did your contractors study those
issues?
They may have.
Do you recall any particular studies
done by PNL or your other contractors on that
issue?
I11I 14th Street ,
Alderson Reporting Company, Inc. N. W. Suite 400 l- 800- FOR- DEPO Washington , DC 20005
Case 1:98-cv-00126-JFM
Alan Brownstein
Document 846-8
McLean , V A
Filed 07/14/2004
Page 22 of 25
April 10 ,
2002
Page 467
CERTIFICATE OF NOTARY PUBLIC
I, Catherine S. Boyd, the Notary
Public before whom the proceeding
occurred,
pages 242 through 466, do hereby certify that
the wi tness
was duly sworn, that the testimony
of said wi tness was taken by me and thereafter
reduced to this typewri tten 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
invol ved therewith. Wi tness my signature and seal:
CATHERINE S. BOYD
Notary Public in and for
The Commonwealth of Virginia
My commission explres:
February 28,
2006
Alderson Reporting Company, Inc.
1111 14th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005
Case 1:98-cv-00126-JFM
Document 846-8
Filed 07/14/2004
Page 23 of 25
CERTIFICATE OF NOTARY PUBLIC
I, Cather
Pub 1 i c
i ne S. Boyd,
the Notary
befo re
whom the proceed i ng occu r red,
pages ---- through ---- '
the wi tness was
reduced'
duly
do hereby cert i fy that sworn, that the test imony
of sai d wi tness was
taken by me and thereafter
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
emp loyed
by any of the pa
ties to the
proceedi ng, 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
involved therewi th.
Witness my signature and
seal:
r1;
CATHERINE S. BOYD
Notary Publ ic
in and for
The District of Columbia
My commission
expires:
August 31, 2002
..;
---.(. ---' ~~, "",
- - - - - - - - - - - - - - - - - - Case 1:98-cv-00126-JFM
Alan Brownstein
Document 846-8
Washington , D.
Filed 07/14/2004
Page 24 of 25
May 23, 2002
Page 1
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
YANKEE ATOMIC ELECTRIC COMPANY
(98(98(98-
126C)
(Merow, S. (Merow, S. (Merow, S.
CONNECTICUT YANKEE ATOMIC POWER COMPANY
154C)
MAINE YANKEE ATOMIC POWER COMPANY
474C)
Plaintiffs ,
CERTIFIED CO PY
THE UNITED STATES,
Defendant.
'I'
Washington, D . C .
Thursday, May 23, 2002
Deposi tion of ALAN BROWNSTEIN, a witness
herein, called for examination by counsel for
Plaintiffs in the above-entitled matter, pursuant to
agreement, the witness being duly sworn by JAN WILLIAMS, a Notary Public in and for the District of
Columbia, taken at the offices of Spriggs &
Hollingsworth, 1350 I Street, N. W., Washington, D. C.,
20005- 3305,
at 8:40 a. m.,
Thursday, May 23, 2002, the
proceedings being taken down by Stenotype by JAN
WILLIAMS, RPR, and transcribed under her
direction.
Alderson Reporting Company, Inc. 1111 14th Street. N. W. Suite 400 1- 8oo- FOR- DEPO Washington, DC 20005
\...
Case 1:98-cv-00126-JFM
Alan Brownstein
Document 846-8
Washington , D.
Filed 07/14/2004
Page 25 of 25
May 23, 2002
Page 104
the contract, the DOE would make adjustments from time to time in the queue, if you wi 11, the APR
ranking, based on reinserted fuel; is that right?
Yes.
And that was -- as I recall that was
one of the issues.
To get in the queue, it had to be
based on the date of final
discharge. Utili ties
could have, you know,
subsequent to its, you know,
final discharge date decided for other reasons to
reinsert that fuel.
And then that fuel which created
the place in the queue was no longer -- no longer
there. So what do we do. That was an issue.
Was that issue ever resolved?
To the best of my recollection somewhere,
whether it was in the APR or some
think we addressed
instructions, I
offhand, but I
I don
it.
I don
I t recall
think we addressed the subj ect .
I t remember
did.
the
details.
It was published, whatever we
Now, you said earlier, when we were
talking -- when we were discussing exchanges, that
you were aware or the department was aware that these
approved DCSs had different value to different
utilities?
Well, what I said was could
have.
Okay.
What do you mean by that, why did
25
you have an understanding, why did the department
Alderson Reporting Company, Inc. 1111 14th Street, N. W. Suite 400 1- 800- FOR- DEPO Washington. DC 20005