Free Motion for Leave to File - District Court of Federal Claims - federal

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

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2002

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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 ,

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

Case 1:98-cv-00126-JFM Alan Brownstein

Document 846-8

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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

--.
Case 1:98-cv-00126-JFM
Alan Brownstein

Document 846-8

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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

.--...,

Case 1:98-cv-00126-JFM
Alan Brownstein

Document 846-8

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April 10 ,

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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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Alan Brownstein

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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

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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

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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 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

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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

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Page 19 of 25

April 10 ,

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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

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April 10 ,

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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 ,

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

Case 1:98-cv-00126-JFM
Alan Brownstein

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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
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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