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

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

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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

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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 ,

......./ -""

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