Case 1:98-cv-00126-JFM
Document 846-15
Filed 07/14/2004
Page 1 of 23
EXHIBIT
Case Brownstein Alan 1:98-cv-00126-JFM
Document 846-15
McLean, VA
Filed 07/14/2004
Page 2 of 23 2002 April 9,
rage 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) (98- 484C)
(Wilson, J.
NORTHERN STATES POWER COMPANY
(Wiese,
DUKE POWER , A Division of
DUKE ENERGY CORP.
1;" ""'4;7'
(98- 485C)
(98- 486C)
(Sypolt,
CII8rI Copy
INDIANA MICHIGAN POWER COMPANY
(Hodges, J.
SACRAMENTO MUNICIPAL UTILITY DISTRICT
(98- 488C)
et ale
(Yock, S.
SOUTHERN NUCLEAR OPERATING COMPANY,
(98- 488C) (98- 621C)
(Yock, S.
COMMONWEALTH EDISON COMPANY
(Hewitt, J.
BOSTON EDISON COMPANY
(99- 447C) (Allegra, J.
..:::' 4-
GPU NUCLEAR, INCORPORATED
Alderson Reporting Company, Inc. 111114th Street, N. W. Suite 400 1- 800- FOR- DEPO Washington, DC 20005
- - - - - - - - - - - - - - - - - - - Case Brownstein Alan 1:98-cv-00126-JFM Document 846-15
McLean, VA
Filed 07/14/2004
Page 3 of 239, 2002 April
Page 2
(OO- 440C) (Bush, J.
WISCONSIN ELECTRIC POWER COMPANY
(00- 697C) (Merow, S. J . )
POWER AUTHORITY OF THE STATE OF NEW YORK
(00- 703C) (01- 115C) (01- 116C) (01- 249C)
(Damich, J.
OMAHA PUBLIC POWER DISTRICT
(Bush, J.
NEBRASKA PUBLIC POWER DISTRICT
(Sypolt, J.
TENNESSEE VALLEY AUTHORITY
(Bruggink, J.
Plaintiffs,
Discovery
THE UNITED STATES,
: Judge:
Defendant.
McLean, Virginia
: (Judge
-xSypolt)
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
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 846-15
Filed 07/14/2004
Page 4 of April 9, 2002 23
McLean, VA
Page 54
What were the responsibilities of the
department with respect to the disposal of spent
nuclear fuel?
We were responsible
MR. BANES:
Objection -- I I m sorry.
Obj ection
.
Calls for a legal conclusion.
Go ahead.
THE WITNESS:
Okay.
Ul timately we
were responsible for accepting that fuel for
permanent disposal.
BY MR. TOMASZCZUK:
Was there a date by which the
department was to undertake that effort?
MR. BANES:
Objection.
Calls for a
legal conclusion.
Go ahead.
THE WITNESS:
I believe and the
department believed that we had to begin
accepting that fuel upon commencement of the
facility operations.
BY MR. TOMASZCZUK:
Not by a particular date?
There was a date, but that date was
condi tional.
We believed that the January
31st,
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 846-15
Filed 07/14/2004
Page 5 of 23
McLean, VA
April 9, 2002
rage 55
1998 date was clear as we responded to written
questions from the Hill and others, that that
date was conditional based on the commencement
of facility operations.
Did the department have the
6 , responsibility to take title to the spent
nuclear fuel or high- level waste involved as
expeditiously as practicable?
MR. BANES:
Obj ection.
Calls for a
legal conclusion.
THE WITNESS:
Yes, but, and the but is
based upon commencement of facility
BY MR. TOMASZCZUK:
operations.
Is it your understanding, Mr.
Brownstein, that if the facility never
opens,
then DOE never has an obligation under the
contract?
MR. BANES:
Obj ection.
Calls for a
legal conclusion, and vague.
THE WITNESS:
Yes.
BY MR. TOMASZCZUK:
Did you have any understanding at or
about the time you became a DOE employee with respect to the spent nuclear fuel acceptance
rate that DOE was using with respect to the
Alderson Reporting Company, Inc. 111114th Street , N. W. Suite 400 1- 8oo- FOR-DEPO Washington , DC 20005
Case 1:98-cv-00126-JFM Alan Brownstein
Document 846-15
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Page 6 of 23
McLean, VA
April 9 , 2002
r--.
rage 64
understand my question?
I don I
MR. BANES:
Same obj ection .
BY MR. TOMASZCZK:
Well, is it true that DOE under the
contract is committed to accept waste from the
signatories of standard disposal contracts on a
firm schedule that begins no later than January
31, 1998?
MR. BANES:
Obj ection
.
Calls for a
legal conclusion.
Go ahead.
THE WITNESS:
I don
t believe that.
believe that this is
I don
a, a goal.
t believe that it accurately
\ represents what
the contract calls
for.
BY MR. TOMASZCZUK:
Did you ever discuss that view with
anyone?
m sure that I must have, but I don
recall specifically who or circumstances.
You would at least agree the first
sentence doesn
t talk about
goals, does it?
MR. BANES:
Objection -- vague,
argumentative.
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 846-15
Filed 07/14/2004
Page 7 of 23
McLean , VA
April 9, 2002
rage 146
Yes.
And the sentence which I quoted has
the phrase contractually binding Delivery
Commi tment Schedules.
What provision of the contract
indicates that DCSs, Delivery Commitment
Schedules, are contractually binding?
MR. BANES: legal conclusion.
THE WITNESS:
Obj ection.
Calls for a
I have to go back and
refresh my memory and read
it.
to Article V. B. of
BY MR. TOMASZCZUK:
Sure. But I I m referring
the contract which addresses Delivery Commitment
Schedules.
Okay.
Take your time and have a look
at it.
(The witness reviewed the document.
THE WITNESS:
Okay.
I have reviewed
it.
BY MR. TOMASZCZUK!
23
24 section of the contract supports the view that 25 you expressed in this letter that the DCSs were
..,J
Alderson Reporting Company, Inc. 111114th Street, N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005
Okay.
And what language in that
..
---..
'Case 1:98-cv-00126-JFM Alan Brownstein Document 846-15 Filed 07/14/2004 Page 8 of 23
McLean, VA
April 9, 2002
contractually binding?
A.
agree with what I wrote at that
Page 147
Well, in retrospect, I, I don' t really
time.
I think I was trying to juxtapose the
idea that we can meet either as a goal or as a
contractual commitment accepting a single
assembly versus a process which is more than
that as referred to in the contract.
I think, today I think that was
unfortunate, personally think it was an
unfortunate choice of words by using the word
contractually binding, but referred to in the
contract as Delivery Commitment
Schedule.
So sitting here today, you can'
identify a provision of the contract that says
the DCSs are binding, right?
In reading Article VI. B,
tha t
I didn' t see
word.
Indeed do you have the understanding
that the DCSs are not binding?
MR. BANES:
Objection.
Calls for a
legal conclusion.
THE WITNESS:
I go back to my previous
testimony which guided,
the entire ten-
you know, my thinking
year period that I was working
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 846-15
Filed 07/14/2004
McLean, VA
Page 9 of 23 9, 2002 April
Page 148
wi th the contract, which was we had many
goals.
We had many objectives, but in terms of
contractual commitments, the, the, contractually
we had a responsibility to begin waste
acceptance following commencement of facility
operations.
That I s what I believed
what guided me.
then.
That I
That I s what I believe today as
you have asked me, I have
stated.
Thank you, but I'
BY MR. TOMASZCZUK:
I understood that.
not sure that was responsive to my question.
isn I t
Q. My question was sitting here today,
it true that the DCSs are not binding?
MR. BANES:
Okay.
Objection.
Calls for a
legal conclusion.
THE WITNESS:
I do believe that I
that is a legal matter. I mean I I m not a lawyer.
BY MR. TOMASZCZUK:
Well, with all due respect, sir, I
think that answer
I s also not responsive.
What is your understanding, having
worked on the program for more than ten
years,
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 846-15
Filed 07/14/2004
Page 10 of 23
McLean , VA
April 9, 2002
rage 150
was a change made in the concurrence process by
an attorney or a policy change.
Fifteen years ago, I just, I'
word, one word.
BY MR. TOMASZCZUK:
m having
a difficult time explaining what I meant by that
Okay.
And my question was sitting
here today, is it your understanding that the
DCSs are binding or not?
MR. BANES:
Obj ection -- asked and
answered.
MR. TOMASZCZUK:
Well, I'
ve asked
it.
m not sure he has
MR. BANES:
answered.
I think he has answered
it.
I think what he said is he can' t divorce it
from the commencement of facility operations, so
if there is no facility in operation, then it
wouldn' t be binding.
I think that'
THE WITNESS:
s what he said. That' s exactly right.
We can go down two paths here, you know.
there was a
facility, if
BY MR. TOMASZCZUK:
Go ahead.
If there was a facility, and if 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 846-15
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Page 11 of 23
McLean, VA
April 9 , 2002
Page 151
facility began operations in '
98, then the
contract lays out a process -- ACR, APR, DCSs,
final DCSs.
4,
that'
And that' s, that' s, they would have,
s how we would implement terms and
conditions of the contract.
If a facility did not begin
commencement of operations in '98, whether it
was in ' 99
or whether it was in
2009, I'
m hard
pressed to believe a DCS submitted and approved
by the department, in whatever year that'
specified, 1992,
that given that the changes to
the system and changes to the utili ties, the
utilities in fact would not have a desire ten years later or that we would not have a desire
ten years later to modify
that.
You referred
That' s what I' Okay. That' s
right, as to final DCSs.
m trying to explain.
helpful.
to, in your earlier answer , if I wrote it down
Is that a term that is used in the
contract somewhere?
Yes, it
is.
Can you point me out or point me to
where in the contract that term is used?
Alderson Reporting Company, Inc.
111114th Street, N. W. Suite 400 1- 8oo-FOR- DEPO Washington , DC 20005
Case 1:98-cv-00126-JFM
Alan Brownstein
Document 846-15
McLean, VA
Filed 07/14/2004
Page 12 of 23
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 846-15
Filed 07/14/2004
Page 13 of 23
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
sa i 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
emp loyed
$4t
by any of the par ties
to th
proceeding, and further, that I am not a
relat i ve 0 r an employee of any attorney 0
counsel employed by the part i es thereto, or
financially or otherwise interested in the
outcome of the proceedi ng, or
any act ion
i nvo 1 ved therewi th .
Witness my signature and
seal:
/.4--p
s. ;J
CATHERINE S. BOYD
rgi ni a
Notary Publ i c in and for
The Commonweal th of Vi
My commission
expires:
February 28, 2006
.--./' "', '~'..,,-/ "-. --~
- - - - - - - - - - - - - - - - - - - - Case 1:98-cv-00126-JFM
Alan Brownstein
Document 846-15
McLean , V A
Filed 07/14/2004
Page 14 of 23
April 10
2002
Page 242
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
YANKEE ATOMIC ELECTRIC COMPANY
(98-126C) (Merow, S.
CONNECTICUT YANKEE ATOMIC POWER COMPANY
(98-154C) (Merow, S.
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 - 485 C) (S ypo 1 t
, J . )
Certified Copy
INDIANA MICHIGAN POWER COMPANY
(98-486C) (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) (Allegra, J.
GPU NUCLEAR, INCORPORATED
Alderson Reporting Company, Inc. N. W, Suite 400 1- 800- FOR- DEPO Washington , DC 20005
IIII 14th Street ,
......./ -""
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Alan Brownstein
Document 846-15
McLean , V A
Filed 07/14/2004
Page 15 of 23
April lO ,
2002
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
(01-116C) (Sypolt, J.
TENNESSEE VALLEY AUTHORITY
(01-249C) (Bruggink, J.
Plaintiffs,
: Discovery
THE UNITED STATES,
: Judge:
Defendant.
McLean, Virginia
: (Judge
xSypolt)
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,
IIII 14th Street ,
Alderson Reporting Company, Inc. N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005
'--Case 1:98-cv-00126-JFM
Alan Brownstein
Document 846-15
Filed 07/14/2004
Page 16 of 23
April 10 ,
2002
McLean , V A
Page 376
MR. BANES:
Obj ection.
Mischaracterizes the instructions, and calls for
a legal conclusion.
THE WITNESS:
A lot has occurred in
the last seven
years.
I would think the person responsible
now would want to review what we did, why we did
it, and how we did it, and to see, you
know, the
applicabili ty in sum or In part as to how
they
re going to proceed.
I wouldn t purport to say that they
should take these and throw them out or take
them and adopt them in
total.
I don t think a responsible manager
would use this as input in helping make a
decision.
BY MR. TOMASZCZUK:
Changed circumstances might warrant reviewing and revising these to reflect those
circumstances, is that
I think that
fair?
is.
22 I
If the, as I understand these
instructions, if the ACR on which the DCSs are
based is a planning document, which I understand
it to be, are the DCSs also planning documents?
Alderson Reporting Company, Inc.
IIII 14th Street ,
N. W. Suite 400 J- 800- FOR- DEPO Washington , DC 20005
Case 1:98-cv-00126-JFM
Alan Brownstein
Document 846-15
Filed 07/14/2004
Page 17 of 23
April 10 ,
2002
McLean , V A
r--- ,
Page 377
MR. BANES:
Obj ection.
Calls for a
legal conclusion.
THE WITNESS:
In my mind, they
are.
In order to get, if we can just set aside a
specific date for a second, in order to get the
government wi th the right equipment to be able
to get through the gate of the utility at the
right time,
place.
there has to be planning that takes
For example, we need to know years in
advance how many BWR and PWR casks we should
make sure are available through whatever means.
We ought to know how many truck casks
and how many rail casks we ought to have
available.
In order to do that, we need to
understand whose fuel we re going to accept, so
there has to be communication between the
utili ties and
us years in advance in order
to,
to allow that marrlage to occur at the
irrespective of the
end,
date.
but I believe
I believe -- as you know, I did not
negotiate this contract in ' 83,
that was the intent of the process that was laid
which we have talked about the ACR, the APR, the
Alderson Reporting Company, Inc.
IIII 14th Street , No W, Suite 400 I- 800- FOR- DEPO
Washington , DC 20005
",
Case 1:98-cv-00126-JFM
Alan Brownstein
Document 846-15
McLean , V A
Filed 07/14/2004
Page 18 of 23
AprillO 2002
Page 378
DCSs and the FDSs.
I think that, in that
planning arrangement.
sense, that'
s a
That'
s a way to respond
to your question, but I think that
responsi ve.
MR. TOMASZCZUK:
Okay.
Mr. Brownstein, did you have a
role to play in the preparation of what I'
refer to as the TSLCC reports -- total system
life cycle cost reports?
No.
Again, I may
wi th, I may have reviewed
have, consistent drafts, you know, as
my responsibilities as a division director or as
a branch chief, but in terms of its preparation,
no.
Okay.
Same question wi th
respect to
fee adequacy reports -- did you have a role to
play in the preparation of those?
At one time in the
organization, for
one short period of time, I did, but under the
time that I had that responsibility, I don
recall that we actually issued it during that
time period.
Can you put a year on that act i vi t
for me?
IIII 14th Street ,
Alderson Reporting Company, Inc. N, W, Suite 400 1- 800- FOR- DEPO Washington , DC 20005
Case 1:98-cv-00126-JFM
Alan Brownstein
Document 846-15
McLean , V A
Filed 07/14/2004
Page 19 of 23
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 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 nei ther counsel for, related to, nor
employed by any of the parties to this
proceeding, and further, that I am not a
relati ve 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.
Wi tness
my signature and seal:
CATHERINE S. BOYD
Notary Public in and for
The Commonwealth of Virginia
My commission expires:
February 28,
1111
2006
Alderson Reporting Company, Inc.
14th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005
Case 1:98-cv-00126-JFM
Document 846-15
Filed 07/14/2004
Page 20 of 23
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 tnes s was duly swo
do hereby certi
fy that
rn, that the tes t i mony
ten t r ansc
r i pt unde r my
of sai d wi tness was
reduced' to th
taken by me and thereafter
is typewr it
supervision, that said transcript is a true
record of the testimony given by said wi tness,
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
i nvo 1 ved the rewi th .
Wi tness
my signature and seal:
11;
CATHERINE S. BOYD
Notary Publ ic
My commission
in and for
The District of Columbia
expires:
August 31, 2002
,"
:-;"
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Alan Brownstein
.-
-- ---Page 21 of 23
May 23, 2002
Page 1
Document 846-15
Washington , D.
Filed 07/14/2004
fiL,
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
YANKEE ATOMIC ELECTRIC COMPANY
(98- 12 6C) (Merow, S. J. )
CONNECTICUT YANKEE ATOMIC POWER COMPANY
(98- 154C) (Merow, S. J .
MAINE YANKEE ATOMIC POWER COMPANY
(98- 474C) (Merow, S.
Plainti~fs, u-
CERTIFIED CO PY
THE UNITED STATES,
i~ .
Defendant.
Washington, D . C .
Thursday, May 23, 2002
Deposition 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,
i;~
at 8:40 a. m.,
Thursday, May 23, 2002, the
proceedings being taken down by Stenotype by JAN
, ~r
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 846-15
Washington, D.
Filed 07/14/2004
Page 22 of 23
May 23, 2002
Page 152
overbroad.
THE WITNESS:
BY MR. STOUCK
I really don
I t
know.
You don I t know one way or the other?
No.
Okay.
Well, do you believe that the
Department of Energy -- or do you know whether the Department of -- let me ask it this way, without
regard to whatever position the Department of Justice has taken, do you know whether the Department of
Energy has an obligation under the standard contracts
to accept spent fuel that is not described in an
approved delivery commitment schedule?
MR. CRAWFORD
Obj ection to the extent it
calls for a legal conclusion and foundation since
s not a 30(b)
(6) witness.
That I S an issue
in question.
THE WITNESS:
I always viewed that both parties had to do the steps
required in the contract.
The DCSs are -- there '
another step in the process which is the final
delivery commitment schedules.
So you I re asking about DCSs.
going to ask you for clarification is
Where I' you I re asking
me about what happens if there s an approved DCS but
there never is an approved FDS.
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 846-15
Washington , D.
Filed 07/14/2004
Page 23 of 23
May 23, 2002
Page 153
BY MR. STOUCK
I believe you testified that is the
situation we
I re in,
correct?
Yes.
There are no approved final delivery
commitment schedules that 1' m
aware of any?
aware of.
Are you
There are not to my knowledge.
Okay.
don I t
So do you know whether --
well, I
Bu t
know if that clarifies the
question.
question is, with respect to spent fuel, commercial
spent fuel, utility spent fuel that
I s out in the
world somewhere in the United States that is not
described in a delivery commitment schedule that has
been submitted by a utility and approved by the
Department of Energy, okay, you agree there is such
spen t fuel out there?
Yes.
Okay.
Wi th respect to that spent fuel
that I S not
described in a delivery commitment
schedule that has been submitted to the Department of
Energy and approved by the Department of Energy, do you know whether or not DOE is obligated under the
standard contract to accept that spent fuel for
disposal at some point in time?
The question does
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