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

Case 1:98-cv-00126-JFM

Document 846-14

Filed 07/14/2004

Page 1 of 15

EXHIBIT

~"-~ ,.

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Case 1:98-cv-00126-JFM
Victor

. )

Document 846-14
W.

Trebules Jr.

Filed 07/14/2004

Page 2 of 15

::;X~i'

Page 1

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

YANKEE ATOMIC ELECTRIC COMPANY

(98- 126C)

(Merow, S. (Merow, S.

CONNECTICUT YANKEE ATOMIC POWER COMPANY

(98- 154C)

MAINE YANKEE ATOMIC POWER COMPANY ( 98 - 474 C) (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)

(Sypolt, J.
(Hodges, J.
(Yock, S.

INDIANA MICHIGAN POWER COMPANY

SACRAMENTO MUNICIPAL UTILITY DISTRICT

SOUTHERN NUCLEAR OPERATING COMPANY, et

ale :

(98- 614C)
( 98 - 62 1

(Merow, S.

COMMONWEALTH EDISON COMPANY
C ) (H ew

it t , J.

BOSTON EDISON COMPANY (99- 447C) (Allegra, J. GPU NUCLEAR, INCORPORATED

(00- 440C)(Bush, J.
WISCONSIN ELECTRIC POWER COMPANY

(00- 697C) (Merow, S. J. )
POWER AUTHORITY OF THE STATE OF NEW YORK
: VOLUME

(00- 703C)(Damich, J.
OMAHA PUBLIC POWER DISTRICT

(01- 115C) (01- 116C)

(Bush, J.

NEBRASKA PUBLIC POWER DISTRICT
(Sypolt, J.

: Discovery
: Judge: : (Judge

TENNESSEE VALLEY AUTHORITY

(01- 249C)(Bruggink, J.
~O;\

Plaintiffs,

: Sypolt)
: PAGES :1 - 241

Esquire Deposition Services

800-441-3376

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Document 846-14

Victor W. Trebules, Jr.

Page 2
THE UNITED STATES,

Defendant.

Deposition of victor

W. Trebules, Jr.

washington, DC

Wednesday, April 17, 2002

Reported by:
JOB NO.

Denise Dobner Vickery, RMR, CRR

144458
800-441-3376

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Case 1:98-cv-00126-JFM

Document 846-14

Filed 07/14/2004

Page 4 of 15

Victor W. Trebules, Jr.
Page 10
whatever reason, as long as a question is not pending,

I would be more than happy to accommodate you in taking
a break.

(Nods head).
Could you just quickly just describe your

education after high

school.
I went to Ohio University for

All right.
five years.

I got a degree in engineering and a
I then did graduate

bachelor'
work

s degree in physics.

Lehigh University in

Bethlehem, Pennsylvania.

got

master

s degree in mechanical engineering.

And when did you receive that final degree?
1972 I graduated from Lehigh.

And that was the master

Yes.

Master

s degree in mechanical

engineering.
Okay.
When did you first -- strike that.

. Do you presently work for the Department of

Energy?
Yes, I do.

Okay.

When did you first -- when did you

start working for the Department of Energy?
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Case 1:98-cv-00126-JFM

Document 846-14

Filed 07/14/2004

Page 5 of 15

Victor W. Trebules , Jr.
Page 11

Actually, I started working for the Atomic

Energy Commission in 1972, which became the Energy
Research and Development Administration , which became
the Department of Energy.
I don' t remember the exact

year ERDA became the Department of
was about -- I don t remember.

Energy.

I think it

Okay.

But you were there when the Department

of Energy was first formed it sounds like?

Yes.

Yes.

What was your first position in the Department
of Energy?

The Department of Energy or the Atomic Energy

Commission?
m going to start with the Department of

Energy.
Okay.
Again, I don' t remember exactly when

name changed, but I spent the first five years working
for the Pittsburgh Naval Reactors Office after I

graduated from college, and then I transferred to the
Atomic Energy Commission headquarters in Germantown,

Maryland and I worked in the Office of Nuclear Energy

Programs.
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Case 1:98-cv-00126-JFM
Victor

Document 846-14
W. Trebules,

Filed 07/14/2004

Page 6 of 15

Jr.
Page 16

Radioactive Waste Management?
I don t remember the title of my first

position.

It was probably program analyst or

something like that, but I' m not exactly

sure.
What were

What did that position entail?

your responsibilities in that position? First major assignment I could remember was

coordin~ting the preparation of the mission plan for

the Civilian Radioactive Waste Management

Program.

Was there anything else that your role
entailed in that position?
MR. SHULTIS:
THE WITNESS:

Objection, vague.

That preparation of the

mission plan was pretty much a full-time activity for a
number of years.

So there might have been other minor

assignments I was given, but, you know, overall it was
primarily the mission plan.
BY MR. EIDUKAS:

Okay.

Did there come a time when your

position at the Office of Civilian Radioactive Waste Management changed from program analyst working on the
mission plan?
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Case 1:98-cv-00126-JFM

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Page 7 of 15

Document 846-14

Filed 07/14/2004

Victor "V. Trebules , Jr.
Page 241

ESQUIRE DEPOSITION SERVICES

1020 19TH STREET, NORTHWEST

SUITE 620
WASHINGTON, D. C.

20036
ERRATA SHEET

Case Name:

Yankee Atomic Electric Co. , et ale V.

The United States Witness Name: Victor W.
Depos it ion

Trebules,
2002

Jr.

Date:

April 17,
Change

Job No.

144458,
Line No.

Page No.

Page 13, Line 17, change " Fish"

to " Fission

; Page 14, Line 11,

change II Fish" to Fission ; Page 15, Line 4, change " Whitewater " to
Light Water

; Page 17, Line 19, change II technical"
one

to

executive

Page 33, Line 1, change to read "
Line 3, place a period after " that.

whi ch was our.. ~; Page 33,
delete " where , start new

II ,

sentence with "

; Page 56, Line 11, change "

field" to " fuel"
would

Page 64, Line 16, change " Al"

to " Alan

; Page 82, Line 11, change

" to " and" ; Page 98, Line 3, change to read "

more

than...

; Page 102, Line 10, change "

" to " were ; Page 117,

Line 5, change " ground"

to " round" ;

Page 126, Line 17, change

overview "

to " for review ; Page 138, Line 12, change " 199411 to

1984" ; Page 153, Line 14, change II change " to " changed" ; Page 168,

Line 4, delete " fold" ;

Page 192, Line 1, change " 1995"

to " 1985"

22

Page 205, Line 15, change " 50, 000"
to " Then " and delete

to " 15, 000" ;
" in here

Page 226, Line 16,
d on 241a)

change " When "

(Cont'

Signa ture

- 0.w.

Da te

J;; ,s--- zo-()

1.

Esquire Deposition Services 1- 800- 441- 3376

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...

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Case 1:98-cv-00126-JFM VICTOR W. TREB(jLS, Filed 07/14/2004 Document 846-14 Jr.
ERRATA SHEET (CONTINUED)

Page 24l a

\Vltness Name: Victor W. Trebules, Jr.
Page 226, Line 17 and 18 ,

bring Line 18 up to Line 17 , should be incorporated as

same paragraph , should read as " ... Waste Negotiator. \Vhen Congress created... "
Page 236 , Line 13 , change " WIP" to " WIPP" ; Page 188, Line 10 , delete " past or
Page 188 ,

Line 16 change " " to " not

Signature

Jt11
S"-

Date
~o -

or.-

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Victor Trebules

Document 846-14

Filed 07/14/2004

Page 9 of 15

ORIGINAL
In the u. s.
Court of Federal Claims

---x
Yankee Atomic Electric
et al
NO.

Co.,

98- 126C

98- 154C
98- 474C
United States of America

-----x
April 19,
"J;

2002

DEPOSITION OF:
Victor W. Trebules,

Jr.
notice,

a witness, calied by counsel pursuant to

commencing at

9: 00 a. m., which

was taken at
I St., NW,

Spriggs and Hollingsworth, 1350
Washington, DC

;'l

, 21

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Case 1:98-cv-00126-JFM

Document 846-14

Victor Trebules

Filed 07/14/2004

Page 10 of 15

, 1

Page 4
(Morning Session)

Stipulations
(It is stipulated and agreed by and

between counsel for the respective parties that
the reading and signing of this transcript by the
witness are not waived.

It is further stipulated and agreed

that the filing of this transcript with the clerk
of the court be and the same is hereby waived.

Whereupon,

Victor W. Trebules,

Jr.
and,

was called for examination by counsel

having been previously sworn, was recalled and testified as

follows:

20.

DIRECT EXAMINATION:
BY MR. STOUCK:

Good morning,
Esquire Deposition Services

Mr. Trebules.

Would you

800- 441-3376

Case 1:98-cv-00126-JFM

Document 846-14

Victor Trebules

Filed 07/14/2004

Page 11 of 15

Page 5
agree that at the time that you were working on the

plan in 1984 and 1985 it was an objective of the
spent fuel program that that program be operated in
an economically efficient manner?
MR. SHULTIS:

Objection as to

economically efficient.

It'

s vague.

I believe we said words to that effect in

the mission plan, that'

s correct.

Why was that an objective?

To the best of my recollection, I think

we used phrases like fiduciary

responsibility.

People working in the program felt that they had an

6bligation to try to execute the program
efficiently and effectively.

Why was that an objective?

We knew the program was going to cost a
lot of money over its lifetime.
I gues s

it. s my

opinion that the people

felt they ought to try to be efficient in carrying

program.

Let'
~o/

s pull out the mission plan which I

think is exhibit six , if you would , please.
Esquire Deposition Services

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Victor Trebules

Filed 07/14/2004

Page 12 of 15

In the u. s.

Court of Federal Claims

-- - --x
, Yankee Atomic Electric
et al
NO.

Co.,

98- 126C 98- 154C

98- 474C
United States of America

--x

April 19,
DEPOSITI'ON OF:

2002

Victor W. Trebules,

Jr.
notice,

a witness, called by counsel pursuant to

commencing at 9:00 a. m., which was taken at

Spriggs and Hollingsworth, 1350 r'
Washington, DC

St., NW,

Esquire Deposition Services

1~800- 441- 3376

.. .
Case 1:98-cv-00126-JFM Document 846-14 Filed 07/14/2004

...
Page 13 of 15

Victor Trebules
Page 59

Errata page of Deponent

Please note any errors on this sheet. The
reasons may be

general, such as " to

correct

stenographic error " or " to

clari~y. the record.

When completed, send this page to the attorney

who took your deposition, NOT the court

reporter.

Page

Line

Correction
to "

Reason For Change

Page 8, line

1, change II depository "

to II repository

; Page 10,
to

Line 5, change lI andll

" and change lI operations "

operation

; Page 20, Line 17, change " some whatll to " somewhat"
5, change " cast"

Page 22, Li ne

to " cask" , Page 22, Li ne

9, change

castll to " cask" ;

Page 26, Line 19 and 20, should be

incorporated"Robert

as same paragraph and same sentence, change to read as II

Rosselli in the early...
stages

; Page 26, Line 20, delete 11 " after

; Page 30, Line 10 and 13, change " Wellington " to

Mell i ngton ; Page 30, Li ne 22, change " Troutner " to " Trautner

Page 35, line 21, change lI
to ' read as "

ll to " andll ;
It wou 1

Page 52, line 6, change

that part of it.

d be...

b -2

()~OZ
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Case 1:98-cv-00126-JFM

Document 846-14

Filed 07/14/2004

Page 14 of 15

EXHIBIT

Case 1:98-cv-00126-JFM

Document 846-14

Filed 07/14/2004

Page 15 of 15

Plaintiffs ' July 7, 2004 Possible Rebuttal Deposition Designations Yankee Atomic Electric Company v. United States, 98- 126; Connecticut Yankee Atomic Power Company v. United States, 98-474; Maine Yankee Atomic Power Company v. United States, 98- 154.
A.

Alan Brownstein (Organized by Date of Deposition)
3) April 9 ,

2002

Tr. 54:1 - 55:20; Tr. 64:5- 16; Tr. 146:23 - 148:9; Tr. 150:7 - 151:17
4) April 10 , 2002

Tr. 376:22 - 378:5
5) May 23 2002

Tr. 152:6 - 155:25; Tr. 165:7 - 167:3; Tr. 214:17 - 220:17
6) June 14 , 2002

Tr. 423:20 - 428:5
B.

Nancy Slater- Thompson (Organized by Date of Deposition)
1) April 22 ,

1999

Tr. 244:5- 15; Tr. 273:11 - 274:5
2) June 13, 2002

Tr. 94:16 - 96:16; Tr. 97:6 - 99:6; Tr. 109:3 - 110:13; Tr. 159:7 - 160:2; Tr. 161:2C.

Ronald Milner (Organized by Date of Deposition)
1) May 3 2002

Tr. 574:5 - 575:19
2) May 7 2002

Tr. 28:11- Tr. 32:11
3) May 8 , 2002
Tr. 155:4- 156:1