Case 1:98-cv-00126-JFM
Document 846-7
Filed 07/14/2004
Page 1 of 22
EXHIBIT
-(,
Case 1:98-cv-00126-JFM Alan Brownstein Document 846-7 Filed 07/14/2004 Page 2 of 22 9, 2002 April
McLean, VA
Page 1
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
- - - - - - - - - - - - - - - - - - - - -x
YANKEE ATOMIC ELECTRIC COMPANY
(98- 126C) (Merow, 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) (98- 486C) (98- 488C)
et ale
(Sypolt,
CII8d Copy
INDIANA MICHIGAN POWER COMPANY
(Hodges, J.
SACRAMENTO MUNICIPAL UTILITY DISTRICT
(Yock, S.
SOUTHERN NUCLEAR OPERATING COMPANY,
(98- 488C) (Yock, S. J . )
COMMONWEALTH ED I SON COMPANY
(98- 621C)
(Hewitt, J.
BOSTON EDISON COMPANY
(99- 44 7C) (Allegra, J.
GPU NUCLEAR, INCORPORATED
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 846-7
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Page 2
(00- 440C)
(Bush, J.
WISCONSIN ELECTRIC POWER COMPANY
( 00- 6 9 7 C) (Merow,
S. J
POWER AUTHORITY OF THE STATE OF NEW YORK
(00- 703C) (01- 115C) (01- 116C)
(Damich, J.
OMAHA PUBLIC POWER DISTRICT
(Bush, J.
NEBRASKA PUBLIC POWER DISTRICT
(Sypolt, J.
TENNESSEE VALLEY AUTHORITY
(0 1- 249C) (Bruggink, J.
Plaintiffs,
Discovery
THE UNITED STATES,
: Judge:
Defendant.
McLean, Virginia
: (Judge
t )
- - - - - - - - - - - - - - - - - - - - -xSypol
Tuesday, April 9, 2002
Deposition of ALAN BROWNSTEIN, a
witness, called for examination by counsel for
Plaintiffs in the above-entitled matter,
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
111114th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005
Alderson Reporting Company, Inc.
Alan 1:98-cv-00126-JFM Case Brownstein
Document 846-7
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Whereupon,
ALAN BROWNSTEIN,
was called as a witness by counsel for
Plaintiffs, and having been duly sworn by the Notary Public, was examined and testified as
follows:
EXAMINATION BY COUNSEL FOR PLAINTIFFS
FLORIDA POWER AND LIGHT COMPANY,
NORTHERN STATES POWER COMPANY, DUKE
POWER, INDIANA MICHIGAN POWER COMPANY, BOSTON EDISON COMPANY, GPU NUCLEAR,
INCORPORATED, POWER AUTHORITY OF THE
STATE OF NEW YORK, OMAHA PUBLIC POWER
DISTRICT, NEBRASKA PUBLIC POWER
DISTRICT:
BY MR. TOMASZCZUK:
Mr. Brownstein, would you state your
name for the record, please?
Alan Brownstein.
And by whom are you employed, sir?
Department of Energy.
And what is your title?
I I m a director of the Regulatory
Coordination Division, and I'
m on detail right
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Case Brownstein Alan 1:98-cv-00126-JFM
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1 ~now as a
special advisor to the, special, senior
policy advisor to the director.
You said director of regulatory
enforcement division?
Regulatory Coordination. And I I m sorry -- senior policy
advisor?
Right, to the director; that. s
detail right now.
To the director of OCRWM?
Of OCRWM.
a
13 of Energy, correct?
And that is all within the Department
15
14
A. Right. Um hm. Q. My name is Alex Tomaszczuk.
record.
case.
We met
prior to going on the
m counsel for various of the utility
plaintiffs in this
I I m going to ask some questions about
your knowledge with respect to the management of
spent nuclear fuel.
If you don
t understand my question,
please tell me, and I
II try and rephrase it so
that -Okay.
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economics from the pennsylvania state
University.
And what year did you obtain your
Bachelors Degree?
1973.
And in what year did you obtain your
Masters?
1975.
Did you undertake course work for a
Ph.
I did not.
So you stopped your formal educational training after obtaining your Masters Degree?
That I S correct.
15
college?
Can you summarize for me your
employment history after graduating from
I worked at Penn State in a research
unit, was a consultant to the Pennsylvania
governor I s energy council from ' 75 to ' 78.
In 1978, I went to, moved to General
Public Utilities, and worked there until 1980;
1980 to 1985, I worked for the General
Accounting Office, and from 1985 to the present,
I have worked for the Department of Energy.
Alderson Reporting Company, Inc. 111114th Street, N. W. Suite 400 1- 800- FOR-DEPO Washington , DC 20005
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And that was a promotion for you at
the time?
Yes.
And what GS position or SES position
are you in now?
Fifteen.
And at what point in time did you get
promoted from a GS- 14 to a 15?
In the early I 90s; I
the exact date.
don
t remember
It I S a GM.
m sorry.
Say that again.
It'
position.
s a GM- 15.
It I S not
an SES
It I S a GM- 15?
Yes.
17 r-
Now you I re here today as a Department
of Energy employee, correct?
Correct.
And you I re represented
the Department of Justice?
I am.
by counsel for
Do you hold any professional licenses?
I do not.
Subsequent to the receipt of your
Alderson Reporting Company, Inc. 111114th Street, N. W. Suite 400 1- 800-FOR- DEPO Washington , DC 20005
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since moved on to other positions.
Okay.
And are there individuals that
are employees of contractors that provide
support to DOE with whom you work closely?
A.
We I re
talking about the Regulatory
Coordination Division.
Yes.
Is that correct?
Correct.
I have contractors both at Booz Allen
and at the M&O, BSC.
What periods are you talking about?
Why don' t we take today?
going to work backwards a little
And I I m
bit.
people,
At Booz Allen, my main contracting support is Richard Goffi and his team of but mainly Richard, and the current M&O
contractor, BSC, would be David Siefkin, but
understand I have been on detail for the past
eight or nine months, so I have not worked very
closely with Siefkin.
Okay.
You have been on detail for the
last eight or nine months as a senior policy
advisor?
Right, since July I
believe, of last
Alderson Reporting Company, Inc. 111114th 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 846-7 Filed 07/14/2004 Page 9 of 22
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April 9, 2002
1 hear.
So since July of 2001?
Tha t'
Page 28
s correct.
It has been longer
than eight months, yes.
Q. And since that period, you have been
on detail as a senior policy advisor to the
director of OCRWM?
Correct.
And who has been that person?
Lake Barrett.
And is Mr. Barrett still serving as
the director of OCRWM?
No.
He is deputy director.
So are you now reporting to someone
else in that, in your capacity as senior policy
advisor?
The new director was conf irmed two or
three weeks
ago.
Her name is Margaret Chu, C- h-u.
And my question, sir, is are you now
reporting to Ms. Chu?
24 Q. 25
Well, my direct, my first level
supervisor is Ron Milner.
In your capacity as a senior policy
advisor to the director of OCRWM, your first
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
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level supervisor is Mr. Milner?
That I S correct.
All right.
He is the chief operating officer.
And then above him, you report to Mr.
Barrett?
That I S correct.
The reporting chain
is Milner, Barrett, and now Chu.
And so would it be fair to say that
you I re also reporting to Ms. Chu at this time?
It would be.
What have been your duties as a senior
policy advisor to the director of OCRWM?
Principally I have been responsible
for site recommendation activities.
What do you mean by site
recommendation activities?
All the work leading up to the
Secretary I S recommendation
the President
to the President and
Is
decision to recommend a site
for
development of deep geologic disposal, which he
did in February.
And when you say the site, you
referring to Yucca Mountain, correct?
I am.
Ii'
Alderson Reporting Company, Inc.
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Is Mr. Barrett retiring?
He is.
Are you considering leaving DOE?
I am not.
Have you discussed the possibility of
leaving DOE with Mr. Barrett?
Of my leaving DOE?
Yes.
No.
Mr. Brownstein,
would like to go
back to 1985 when you first became a DOE
employee.
Okay?
What position did you assume at that
time?
position title in '
industry specialist.
85 was a nuclear
Do you recall in what month in 1985
you began service at DOE?
September.
What were your duties as nuclear
industry specialist?
I was responsible for implementing the
terms of the standard disposal
contract.
I ran the, was responsible for the
data inputs that we received from the utilities
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
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called the RW- 859
information.
I also ran the graduate fellowship
program.
Those were my primary
responsibilities.
What were your duties with respect to
the graduate fellowship program?
Running it;
I mean I had
responsibili ty for selecting candidates to
serve, you know, in the fellowship program, so
you know, I was the man responsible for
implementing it and running
it.
And that I s a
program under which DOE
brings in talented people to work in fellowship
positions?
We support -MR. BANES:
Objection -- vague.
BY MR. TOMASZCZUK:
Do you understand my question?
just trying to get a feel for what the program
is.
A. We, we supported 20 fellows a year in
So these would be graduate fellows
their graduate work in fields of importance to
our program.
Alderson Reporting Company, Inc. 111114th Street, N. W. Suite 400 1- 800-FOR- DEPO Washington , DC 20005
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working on nuclear engineering projects?
It could be.
We supported people
in,
I believe in health physics.
I believe we supported people in
policy-related positions, so it was not limited
to just engineering.
Q. What were your duties with respect to ,
8 , implementing the terms of the standard disposal
contract?
MR. BANES:
Objection -- overbroad.
BY MR. TOMASZCZUK:
I believe that I s the
used.
term that you
You said one of your duties was to
implement the terms of the standard disposal
contract, is that correct?
Sure.
And what --
Well, let me give
examples.
The
contract required issuance of something called
the Annual Capacity Report.
That had never been
done before, and so as an example, I was
responsible for developing
that.
I was responsible for interacting with
25 ~he utilities
and ans_ring their questions.
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 846-7
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Page 14 of 22 9, 2002 April
I was responsible for implementing
various items as a refund program as we had lost
Page 34
a lawsuit, actually we lost two lawsuits, and I
was responsible for refunding money to the
utilities, responsible for collecting data on
spent fuel from the utilities, the RW- 859.
Those are examples.
Did there come a point in time in your
career at DOE when you, when your duties changed
from your duties that you just described as a
nuclear industry specialist?
The, the position itself evolved over
time.
Let me give a broad outline, see if
that I s responsive Please.
to your question.
In 1985 when I started that position,
I was basically a one- person show doing these
type of activities with contractor
support.
Over time, that position evolved into a branch of which I was the branch chief, and eventually that position evolved into a
division, and each time, the responsibilities
got a little bit broader.
Okay.
Thank you for that.
That I
.-J
Alderson Reporting Company, Inc. 111114th 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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helpful.
When did the duties that you were
performing as a specialist evolve into a branch
chief position.
I do not recall the exact dates.
believe in the late
' 80s,
it went to a branch,
and I believe in the early
I 90s, it
went to a
division.
I just don
t recall the exact times.
And when it became a division, what
was the name of the division?
Well, let I s see.
They do this
internally.
The branch was called I believe
utility Interface and Logistics
Branch.
m hesitating because I believe the
division underwent several names, and I actually
just don
t recall
it.
I have to review my
resume.
I didn
t do that before I came
here.
Does the division, whatever its name,
still exist today?
It does.
I mean it I S continued to
evolve.
And is it the Regulatory Coordination
Alderson Reporting Company, Inc. 111114th Street, N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005
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Division?
It is not. It is not.
Okay.
What is its current
name, if you know?
I don
t know.
I left, I left that
area in early ' 95.
When you say you left that area, what
area are you referring to?
m sorry.
I left the, my, my
responsibilities, talk about it
broadly,
interacting with the utilities, and responsibility for the contract, I left that I
believe in March of ' 95
to go into the division
director for the Regulatory Coordination
Division.
Over this long span of time, names of
divisions have changed and evolved and
responsibilities, and I have not kept very
I closely associated
Okay.
or attached to
that.
You assumed the position of the
director of the Regulatory Coordination Division
in March of ' 95?
To the best of my recollection.
Okay.
That I S fair.
It has been a
little while I understand.
All I can ask you is
Alderson Reporting Company, Inc.
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Case 1:98-cv-00126-JFM Alan Brownstein
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your best recollection, and I thank you for
it.
Page 37
Okay.
it '
ten- year period,
That I S
fair to say then for roughly a
you were responsible for
implementing the terms of the standard contract?
fair.
And in that regard, you were dealing
wi th the utility industry?
That I S fair.
And in or about March of 1985, your
duties changed?
95.
95 -- I' m
sorry.
That I s correct.
In March of 1995 when you assumed the
position of director of regulatory
was that a promotion for you?
coordination,
No.
Was it a lateral move?
That I S correct.
And why did you make that move?
The director asked me to take on those
responsibilities, Lake Barrett.
There was, there was
other, as I '
thinking back on it, there was other periods.
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That would it be fair to say that in
dealing with regulatory matters, you have less
contact with the utili ties
the regulatory agencies?
and more contact with
In a relative sense, not absolute
sense, yes.
You testified, Mr. Brownstein, that you were responsible I believe for preparing the
ACRs, is that right?
Correct.
11
::a
~he :~s f
prepare?
~iC
:::::~ r
:::::::l::~:O than ~
Over time, responsibility for the
Annual Priority Ranking, those were two separate
independent -- the Delivery Commitment
Schedules, it was a separate
document, so those
were the two
were the two, in the
I 80s, those
documents I was responsible
for.
You said the Delivery Commitment
Schedule you view as part of that process?
Yes# but not as a separate independent
report like the ACR and APR.
25 process?
But you had responsibility for the DCS
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Yes.
I~
Other than the ACRs, the APRs, and the
DCS, were there other documents for which you
had responsibility to prepare?
When you say responsibility to
prepare, those never, those two documents didn' t
exist, so when I say had responsibility to
prepare, I mean starting from conceptually to
how we I re going to do
it.
Those were unique
documents.
I had responsibilities, for
instance,
on the RW- 859 form and worked with utilities in
trying to modify that and trying to implement
_'0
those terms.
The Energy Information Administration
was responsible for implementing that, but that
in essence worked as a contractor for my
office,
so we worked closely with the utilities to try
to streamline the information that we felt we
needed and minimize the burdens on the
utilities.
I view that as a different category of
document.
You had no role, if I understand your
testimony, when you came on the scene, you had
Alderson Reporting Company, Inc. 111114th Street , N. W. Suite 400 1- 800- FOR-DEPO Washington , DC 2000$
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MR. TOMASZCZUK:
Ms. Reporter, I'
going to hand you and ask you to mark as
Brownstein Exhibit 2 an excerpt of a June 1985
document entitled, " Mission Plan for the
Civilian Radioactive Waste Management Program,
and I think I can represent it reflects the
Table of Contents and the, I believe the first
28 pages of that mission plan.
(Brownstein Exhibit No.
was marked for
identification.
BY MR. TOMASZCZUK:
Do you recall that
Brownstein Exhibit 2?
document,
Yes.
And it is an excerpt of the June 1985
mission plan, is that correct?
18
To the best of my recollection, it
is~
All right. And you I re familiar with
this document, are you not?
m aware of
it.
I have read pieces
of it.
You didn I t prepare it, did you?
That I s correct.
Do you know who did?
Alderson Reporting Company, Inc. 111114th Street, N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005
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I do not recall.
June
85.
It was before my
I appreciate that.
This is, the date is time.
Do you
recall
whether you read this document at or about the
time you became a DOE employee or shortly
thereafter?
I believe I read excerpts from
it.
Did you use the document to implement
the terms of the standard contract?
I used -- yes, in
part.
And what parts did you use?
I used the waste acceptance
rates.
Hesitation in the response is whether I used the
85 or the subsequent mission plan.
I don' t recall which, but I certainly
used the mission plan or its predecessor documents for the waste acce
Q. Do you know whether there was an
I don
tance rates.
earlier version of this mission plan?
t believe there was.
The reason I ask, sir, is because I
believe you used the term this document or its
predecessor. I was trying to -Subsequent documents; it I S amended
documents after.
m sorry.
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Case 1:98-cv-00126-JFM Alan Brownstein
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THE WITNESS:
It may have been a
goal.
I mean I was not with the program and had not
seen this document.
May have been a goal, but in terms of
the policy with respect to the contract, I don
believe that reflects
that.
BY MR. TOMASZCZUK:
And it' s your testimony that you
haven I t seen this document before today as best
you can recall?
As best I recall, I have not seen this
document.
(There was a pause in the
proceedings.
BY MR. TOMASZCZUK:
Let I S go back to Brownstein Exhibit
which was the June 1985 mission plan.
And I believe you testified if I
understood it,
Mr. Brownstein, that you used the
waste acceptance schedules in the mission plan
to implement the terms of the contract?
And -MR. BANES:
Obj ection
.
Go ahead.
BY MR. TOMASZCZUK:
I understood that to be your
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