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

Case 1:98-cv-00126-JFM

Document 846-11

Filed 07/14/2004

Page 1 of 17

EXHIBIT

Case 1:98-cv-00126-JFM

Document 846-11

Filed 07/14/2004

Page 2 of 17
May 1 , 2002

Ronald A. Milner

Vol I McLean , VA

Page 2

(00- 440C)

(Bush, J.

WISCONSIN ELECTRIC POWER COMPANY
( 0 0 - 6 9 7 C) (Me row
S.

J. )

POWER AUTHORITY OF THE STATE OF NEW YORK
( 0 0 - 7 0 3 C) (Dami ch , J.

OMAHA PUBLIC POWER DISTRICT

(01- 115C)
( 01- 116

(Bush, J.

NEBRASKA PUBLIC POWER DISTRICT
C) (Sypo 1 t , J.

TENNESSEE VALLEY AUTHORITY

(01- 249C)

(Bruggink, J.

Plaintiffs,
THE UNITED STATES,

Discovery Judge:
: (Judge xSypol t)
McLean, Virginia
Wednesday, May 1, 2002

Defendant.

Deposition of RONALD A. MILNER , 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. 1111 14th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005

Case 1:98-cv-00126-JFM
Ronald A.

Document 846-11

Filed 07/14/2004

Page 3 of 17
May 1 , 2002

Milner

Vol I McLean , VA

Page 73

pre-1998 backlog of 40 809 metric tons?

A. Yes.

Correct?

And that number basically

decreases over time, and the table shows a
backlog as of 2020 of 23, 775 metric tons, right?

Correct.
Showing that the backlog is being
reduced over time?

Correct.
And was that a fair statement of DOE'

intentions at or about this time, to work off
the backlog of spent nuclear fuel that utili

ties

were storing?
MR. SHULTIS:

Obj ection.

Calls for a

legal conclusion , and Mr. Milner is not a
30 (b) (6)

witness.
THE WITNESS:

Well, at this specific

point in time, I don't know what the

department'

s intent was.

At the point I joined the program , my
understanding of the intent was to work off the

backlog.
(There was a pause in
the

proceedings.
MR. TOMASZCZUK:

Mr. Milner

, I' m

going

Alderson Reporting Company, Inc. 1111 14th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington, DC 20005

Case 1:98-cv-00126-JFM
Ronald A. Milner

Document 846-11

Filed 07/14/2004

Page 4 of 17
May 1 , 2002

Vol I McLean , VA

Page 129

Q. It appears to be a bullet listing of
four problems with disposal contract?

A. Um- hm.
And the first is that it' s general?

Tha t ' s correct.

I t says

general there?

Correct. It says general.
Second bullet says incomplete?
It does say incomplete.

The third says dated?
It does say dated.

A.

And the fourth says unclear?
It does say

Q. All right. Do you have any
MS. HERRMANN: Obj ection
THE WITNESS:

that.

understanding sitting here today as to what is
being referred to in that listing of problems?

--

foundation, and speculation, and vague.

No, I do not know what

was being referred to

here.

Q. Sitting here today, do you have any
understanding that the standard contract is
either general , incomplete, dated , or unclear?
MS. HERRMANN

BY MR. TOMASZCZUK:

Obj ection

--

Alderson Reporting Company, Inc.

1111 14th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005

Case 1:98-cv-00126-JFM Ronald A. Milner

Document 846-11

Filed 07/14/2004

Page 5 of 17
May 1 , 2002

Vol I McLean, V A

tI"

Page 130

speculation ,

and compound.

THE WITNESS:

I have personal opinions

in some regards.

BY MR. TOMASZCZUK:

Okay.

And I'

m anxious to hear about

those.
Would you tell me what your personal
opinions in that area are?
MS. HERRMANN

Obj ection

--

vague.

THE WITNESS:

Well, one opinion is

that in some areas, I do believe it is

incomplete.
One example would be that the contract

doesn't clearly define how you would deal with

non-standard fuel.
with non- fuel bearing components of the fuel

assembly .
BY MR. TOMASZCZUK:

It doesn

t clearly define how you deal

Any other opinions that fall within
these four areas?
MS. HERRMANN

Obj ection

--

vague.

THE WITNESS:

No.

(There was a pause in the

proceedings.
Alderson Reporting Company, Inc. 1111 14th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington, DC 20005

Case 1:98-cv-00126-JFM
Ronald A. Milner

Document 846-11
McLean , VA

Filed 07/14/2004

Page 6 of 17
May I , 2002

Page 194

Page 196

Annual Capacity Report.
I can represent that I believe it' s a

that.
MR. SHIJL TIS: Okay.

draft document.
(Milner Exhibit No. 19

3 (Whereupon , at 6:00 p. m., the
deposition was recessed , to reconvene Thursday, May 2 , 2002 , at 9:15 p.

was marked for identification. BY MR. TOMASZCZUK: Q. Have you seen this document before today, Mr. Milner? A. I don t recall. Q. My characterization of the document as a draft is, seems fair to you? A. It appears to be , yes. Q. Do you know whether a , an ACR was issued in final form for 1989? A. I don t know. Q. In June of' 89, were you or personnel in your office responsible for ACRs? A. I believe it was. Q. Do you know who prepared this draft? A. No , I don Q. Who in your office at this time would have been working on ACRs? A. I don t recall. Q. Was Mr. BrownsteIn reporting to you at

a=-

RONALD :-J.~NER
SUBSCRIBED AND SWORN to before me this
day

;.cd.1

Of---___ LL.. fiA
.",.L;

, 20:7-7 - . ~VJ L,..

NOTARY PUBLIC

18 My

commission expires:

/1'/

Page 195

Page 197

this time?
A. I don

t recalI offhand. He may have

been,

Q. Sitting here today, do you recalI whether there was anything about this draft that
caused an ACR not to be issued in 1989 in final form? MS. HERRMANN: Objection -- vague foundation. THE WITNESS: I don t recalI, no. MR. TOMASZCZUK: Let s mark as Milner 20 a November 1989 report to Congress on reassessment of the Civilian Radioactive Waste
Management Program.

(Milner Exhibit No. 20
was marked for

CERTIFICA TE OF NOTARY PUBLIC , Catherine S. Boyd , the Notary Public before whom the proceeding occurred pages I through 196 , 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 the 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

identification. MR, TOMASZCZUK: Actually it' s six clock.
I propose we adjourn.

involved therewith. Witness my signature and seal:

(The transcript continues on the
following page.

MS, HERRMANN: We have no problem with

CATHERINE S. BOYD Notary Public in and for The Commonwealth of Virginia My commission expires: February 28 , 2006

50 (Pages 194 to 197)

Alderson Reporting Company. Inc.

1111 14th Street , N, W, Suite 400 1- 800- FOR- DEPO Washington . DC 20005

~,

-Case 1:98-cv-00126-JFM Ronald A, Milner Document 846-11 Filed 07/14/2004 Page 7 of 17
May 2 , 2002

McLean , VA
Page 197

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
- -x

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,
DUKE POWER , A
DUKE ENERGY CORP.

Division of C8rIIfted. COPV

(98- 485c)

(Sypolt,

INDIANA MICHIGAN POWER COMPANY

(98 - 486c) (Hodges, J.
SACRAMENTO MUNICIPAL UTILITY DISTRICT

(98- 488c)

(Yock , S.

SOUTHERN NUCLEAR OPERATING COMPANY,

et al.
( 98 - 4 8 8 C) (Yock,

S. J.

COMMONWEALTH EDISON COMPANY

(98- 621C)
(99- 447C)

(Hewitt , J.

BOSTON EDISON COMPANY
(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
Ronald A. Milner

Document 846-11
McLean , V A

Filed 07/14/2004

Page 8 of 17
May 2 , 2002

Page 198

(00-440C) (Bush , J.

WISCONSIN ELECTRIC POWER COMPANY
( 0 0 - 6 9 7 C) (Me

row, S. J. )

POWER AUTHORITY OF THE STATE OF NEW YORK
( 0 0 - 7 0 3 C) (Dami ch , J.

OMAHA PUBLIC POWER DISTRICT

(01- 115C)

(Bush, J.

NEBRASKA PUBLIC POWER DISTRICT

(01- 116C)
(01- 249C)

(Sypolt, J.

TENNESSEE VALLEY AUTHORITY
(Bruggink, J.

Plaintiffs,
Discovery
THE UNITED STATES,
: Judge:

Defendant.
McLean, Virginia

: (Judge
xSypo 1 t
Thursday, May 2, 2002

Continued deposition of RONALD

MILNER, a witness, recalled 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.

1111 14th Street , N. W, Suite 400 1- 800- FOR- DEPO Washington , DC 20005

Case 1:98-cv-00126-JFM Ronald A. Milner

Document 846-11

Filed 07/14/2004

Page 9 of 17 May 2 , 2002

McLean , VA
Page 378

One was not actively under

consideration.

All right.
Yes.

The reason I asked the

question is because Section 6. 2 on the following page has ramp- up rates for a second repository?

And then finally, we have Section 6.
which is the repository in a single repository

system ,

and a listing of waste acceptance

ramp-up rates in that table, right?

Correct.
And that table shows a , an initial
acceptance rate of 300 metric tons and then

ramping up to 3, 000

metric tons in

2014,

correct?
Correct.
And then staying at that steady-state
000 metric ton rate for a period of 25 years?

Correct.
Am I correct in understanding that at
least as of November of '94 , if not sooner , the

MRS siting effort was dead?

We no longer assumed an MRS in the

system, that'

s true, and for all intents and

purposes, yes, it was

dead.

Alderson Reporting Company, Inc, 1111 14th Street , N. W, Suite 400 1- 800- FOR- DEPO Washington , DC 20005

Case 1:98-cv-00126-JFM
Ronald A. Milner

Document 846-11
McLean. Y A

Filed 07/14/2004

Page 10 of 17
May 2, 2002

!'~ge 402

does.

Q. It appears that th~,;e ;ate~ are bqs~d
on the existence of an MRS? A. Apparently so. MR. TOMASZCZUK: It' ~ 6:l0. (Whereupon, at 6:20 p. , the deposition was recessed, to reconvene at 9:00

.~ .u

r;:.
day

RONALD A. MILNER

1J(

SUBSCRIBED AND SWORN to before me this -2~fI.6

Of---

jJ~.6JI--T--- j 20Li2.

(;1::i1- PUBLIC NOTARY
My commISSion expires:

:5;1'

It t:'

Page 403

CERTIFICATE OF NOTARY PUBLIC , Catherine S. Boyd , the Notary
Public before whom the proceeding occurred

pages through , do hereby certify that the witness was duly sworn , that the testimony of said witness was taken by me and thereafter reduced to thi!; 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
II

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 othervoiise interested in the

outcome of the proceeding, or any action involved therewith. Witness my signature and seal:

CA THERINE S. BOYD Notary Public in and for

The Commonwealth ofYirginia My commIssion expires:
February 28 , 2006

53 (Pages 402 to 403)

Alderson Reporting Company, Inc. 1I11 14th Street. N. W. Suite 400 1- 800- FOR- DEPO Washington. DC 20005

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

Document 846-11
McLean, V A

Filed 07/14/2004

Page 11 of 17
May 3 , 2002

Page 403

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

YANKEE ATOMIC ELECTRIC COMPANY

(98 - 126C)
CONNECTICUT YANKEE ATOMIC POWER COMPANY

(98 - 154C) MAINE YANKEE ATOMIC POWER COMPANY (98 - 4 74C)
FLORIDA POWER & LIGHT COMPANY

(98 - 483C)
NORTHERN STATES POWER COMPANY

(98 - 484C)
DUKE POWER, A Division of DUKE ENERGY CORP. (98- 485C) INDIANA MICHIGAN POWER COMPANY (98 - 486C) SACRAMENTO MUNICIPAL UTILITY DISTRICT

(98- 488C)
SOUTHERN NUCLEAR OPERATING COMPANY et al., (98- 614C) COMMONWEALTH EDISON COMPANY

(98- 621C)
BOSTON EDISON COMPANY

(99- 447C)
GPU NUCLEAR , INCORPORATED

(00- 440C)
WISCONSIN ELECTRIC POWER COMPANY,

(00- 697C)
POWER AUTHORITY OF THE STATE OF NEW YORK (00- 703C) OMAHA PUBLIC POWER DISTRICT ( 01- 115C) NEBRASKA PUBLIC POWER DISTRICT ( 01- 116C) TENNESSEE VALLEY AUTHORITY

(01- 249C)

Plaintiffs,
Defendant.
Washington ,
D. C.

UNITED STATES OF AMERICA

Friday, May 3 , 2002 Continued Deposition of RONALD MILNER , a witness herein , called for examination by counsel for
Alderson Reporting Company, Inc.
IIII 14th Street ,

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

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

....

Document 846-11
McLean , V A

Filed 07/14/2004

Page 12 of 17
May 3 , 2002

Page 499

program and the utilities had a goal of taking fuel
off the sites as soon as possible, to begin to take fuel off the sites as soon as

possible.

And what did you mean by accommodating
economic and physical situations confronting
utilities such as yours?

I think there was a goal to at least

mitigate the economic situation relative to cost of
storage, but I don
I t

know what physical situation

meant.
What was meant by utilities such as yours?

Were you referring to shutdown, utilities with
shutdown reactors?
I don't recall.

Likely that would have

been the case.

Q.

SO you I ve testified that Department had an

interest in mitigating the economic situation
confronting such utilities.

What do you mean by

mitigating the economic situation for them?

Well, I don't know that

hypothetically

I don't know whether the condition of the economic

situation could be totally alleviated, but

potentially at least you could mitigate
How?

it.

Well , I guess one

e=~le I might thiM o

Alderson Reporting Company, Inc. 1111 14th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005

. ./

,..
Case 1:98-cv-00126-JFM
Ronald Milner
McLean, V A

Document 846-11

Filed 07/14/2004

Page 13 of 17
May 3 , 2002

Page 500

was that the Department entered into a cooperative program with the Rancho Seco reactor to demonstrate

dry storage on site and assist that utility in

off- loading

at least a portion of its pool and

storing it in multi - purpose canisters or what was

hoped to be multi- purpose canisters on

site.

Potentially allowing the utility to decommission the

pool.
And how did the Department cooperate with
Rancho Seco?
Providing funding.

Do you recall what portion of the funding

was provided for that proj ect?
I don' t recall.

I believe the Department

paid for two or three of the storage canisters and

17 Q.
16

\.. casks

but I don't recall.
Aner you say this would potentially allow

the utility to decommission the fuel on site?

If you stored enough of the fuel, yeah.

Was that an obj ecti
MR. SHULTIS:
a 30

ve the Department had? Objection , Mr. Milner is not
I think the Department

(b) (6) witness.
THE WITNESS:

desired to mitigate to the extent we could, you know.
BY MR. NESLIN:

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 846-11

Filed 07/14/2004

Page 14 of 17

CERTIFICATE OF REPORTER

UNITED STATES OF AMERICA) ss.
COMMONWEALTH OF VIRGINIA)

, CYNTHIA R. SIMMONS, RPR, CRR, the officer before whom the
foregoing deposition was taken , do hereby certify that the witness whose testimony

appears in the foregoing deposition was duly sworn by me; that the testimony of said witness was taken by me to the best of my ability and thereafter reduced to

typewriting under my direction; that I am neither counsel for , related to , nor
employed by any of the parties to the action in which this deposition was taken , and

further that I am not a relative or employee of any attorney or counsel employed by
the parties thereto , nor financially or otherwise interested in the outcome of the

action,

Notary Public in and for
the Commonwealth of Virginia

My Commission expires: 11/30/2004

":'~.

---------------Case 1:98-cv-00126-JFM Document 846-11

- )

Filed 07/14/2004

Page 15 of 17
May 7 , 2002

Ronald A, Milner
Washington , D,

Page 1

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

YANKEE ATOMIC ELECTRIC COMPANY

(98- 126C) (Merow ,
COMPANY

S.

CeRTIFIED COP ~

CONNECTICUT YANKEE ATOMIC POWER

(98- 154C) (Merow, S. (98- 474C) (Merow, S.

) Volume I

MAINE YANKEE ATOMIC POWER COMPANY) Washington, D. C.
) Tuesday

Plaintiffs,
THE UNITED STATES,

) May 7, 2002

Defendant.
Deposition of RONALD A. MILNER , a witness
herein, called for examination by counsel for
Plaintiffs in the above- entitled matter, pursuant to

agreement, the witness being duly sworn by CHERYL
LORD , a Notary Public in and for the District of

Columbia, taken at the offices of SPRIGGS &

HOLLINGSWORTH, 1350 I Street, N. W., Washington ,
at 3

D. C.

:48 p. m.,

Tuesday, May 7, 2002 , and the

proceedings being taken down by Stenotype by CHERYL

A. LORD, RPR, CRR, and transcribed under her

direction.
Alderson Reporting Company, Inc, 1111 14th Street , N, W, Suite 400 1- 800- FOR- DEPO W~shington , DC 20005

Case 1:98-cv-00126-JFM Ronald A. Milner

Document 846-11
Washington , D.

Filed 07/14/2004

Page 16 of 17
May 7 , 2002

Page 14

an MRS could come online and when a statute would
come online, what the likely time gap between those

would be in view of the statutory construction

inkage?
MR. SHULTIS:

Objection ,

calls for

speculation and possibly a legal conclusion.

m trying to recall at that time
don I t

-- I

recall what the schedule assumptions were

offhand at that point.
BY MR. SKALABAN

Well, let I s take
18.
MR. SHULTIS:
MR. SKALABAN

a look at Milner Exhibit

Are we done wi th

27?

For the time being.

You

may want to leave it

handy.

BY MR. SKALABAN
17

Milner Exhibit 18, which is the draft 1988 \
mission plan amendment from June 1988. And if you

could turn to page 10, sir, and the document has a

Bates number PNL, dash,

029, dash, 1253.
in the middle of the page,

And there' s - middle paragraph, it

begins:

The DOE is confident

that the system authorized by the Congress is

prudent, reasonable , and workable, period.

Schedules

based on meeting the requirements in the amendment

Alderson Reporting Company, Inc. 1111 14th Street , N. W. Suite 400 1-800- FOR- DEPO Washington , DC 20005

.)

-Case 1:98-cv-00126-JFM Ronald A, Milner
Washington , D.

-Page 17 of 17
May 7 , 2002

Document 846-11

Filed 07/14/2004

Page 15

act show that the MRS facility should be available no
later than 2003, and the repository will begin

accepting waste in

2003.

Do you see that, sir? Yes, I

do.
or that

Does that suggest to you at that time that

the department estimated that the MRS

given the schedule linkages, the MRS would be online
at approximately the same time the repository would

be?
MR. SHULTIS:

Obj ection.

The document

speaks for

itself.
That'
what
it suggests,

yes.

BY MR. S KALABAN :

I I d like to call your attention to page
20.
And in the second full paragraph, it

begins:

The DOE believes that it may be possible to shorten
the time between the start of MRS construction and
the start of waste acceptance by developing the MRS
in phases.

Do you see that, sir?
I do.

So does that indicate to you given that

given the statement - -

and if you need to take time

to read the paragraph in full

but does this

Alderson Reporting Company, Inc. 1111 14th Street , N. W, Suite 400 1- 800- FOR- DEPO Washington , DC 20005