-Case 1:98-cv-00126-JFM Nancy Slater Thompson
Washington , D. C.
Page 1
Document 840-9
Filed 07/07/2004
Page 1 of 25
June 13
2002
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
- X
YANKEE ATOMIC ELECTRIC
COMPANY , MAINE YANKEE ATOMIC
yertifled COpy
: Case No. 98- 126C
: 98- 474C,
POWER CO. , and CONNECTI CUT
YANKEE ATOMIC POWER CO.
Plaintiffs
98- 154C
(Senior Judge
Merrow)
UNITED STATES OF AMERICA
Defendant
- X
Washington ,
D. C
Thursday, June 13, 2002
Deposition of NANCY SLATER THOMPSON , a
witness herein , called for examination by counsel
for the Plaintiff in the above- entitled matter
pursuant to notice , the witness being duly sworn
taken at the offices of Spriggs & Hollingsworth
1350 I Street , N.
, Washington , D.
, at 9:40
a. m. , Thursday, June 13 , 2002 , and the proceedings
being taken down in Stenotype by DEBORAH
WILKINS , RPR , and transcribed under her direction.
Alderson Reporting Company, Inc.
1111 14th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005
Case 1:98-cv-00126-JFM Nancy Slater Thompson
Document 840-9
Filed 07/07/2004
Page 2 of 25
June 13
2002
Washington , D.
Page 5
cover with you today.
What is your current position?
I am the acting division director of
the regulatory coordination division.
How long have you been in that
position?
I have been in that position since
January of
2001.
What was your position before that
one?
Team leader in the regulatory
coordination division.
How did your duties change when you
moved from the team leader position to the acting
director position?
In the maln , I believe that most of
the technical and policy- related duties that I had
been performing didn'
t change , but I have now
assumed responsibility for
personnel actions.
Are there any other teams in that
division other than the one in which you were team
leader?
No, there are not.
How many people are in that division?
There are including details
four in
Alderson Reporting Company, Inc. 1111 14th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005
Case 1:98-cv-00126-JFM Nancy Slater Thompson
Document 840-9
Filed 07/07/2004
Page 3 of 25
June 13
2002
Washington , D.
addition to myself, and one pending for a
secretary.
Did someone resign from the division
director position?
Is that how you became the
acting division director?
Not a resignation.
moved on to other
Alan Brownstein
duties.
When did you start in the
regulatory - -
when did you start in the team
leader position?
We would have to check my personnel
actions, but I believe it was about December of
1987.
m not
sure.
Let me ask the question
differently.
The team leader in the regulatory division , when
did you start that?
That would have been immediately upon
my advent in that division , so I moved from the
waste acceptance division , I moved right into the
regulatory coordination division.
My recollection is that when I last
deposed you your current position at that time was
that team leader position in the regulatory
division.
Is that -Yes.
Alderson Reporting Company, Inc.
1111
14th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005
-Case 1:98-cv-00126-JFM Nancy Slater Thompson
-Filed 07/07/2004 Page 4 of 25
June 13 ,
Document 840-9
2002
Washington , D. C.
Page 8
What about the 1995 ACR?
When I say
let me explain , I am
referring to the ACR that was published in March
of 1995.
Did you have a role in the development
of that -Yes.
ACR?
You did not have a role in the
development of the ACRs prior to the one in 1992?
I don
I t believe so.
Prior to that ACR, you don
I t think
you
could have had a role in the development of those
ACRs because you were not within DOE at that time?
MS. SULLIVAN:
Obj ection.
DOE ln Augus t
Joined the
But you
Vague. 1991.
were working in the nuclear
industry looking at some of those same issues from
private industry' s point of view , weren't you?
MS. SULLIVAN
Obj ection.
Vague.
During what time period are you asking
the question?
During the time period when the
earlier ACRs, the ones earlier than 1992 , came
In.
I recall dealing with ACR- related
Alderson Reporting Company, Inc. 1111 14th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005
Case 1:98-cv-00126-JFM Nancy Slater Thompson
Document 840-9
Filed 07/07/2004
Page 5 of 25
June 13
2002
Washington , D.
Page 112
That you would have been involved.
You just don't recall
it?
Correct, I don' t recall.
Let'
s change subj ects to something
that was also mentioned just briefly a few minutes
ago, the provision in the contract providing for
exchanges of approved delivery commitment
schedules.
What was your understanding of the
purpose of such exchanges?
MS. SULLIVAN:
Obj ection to the extent
it calls for a legal
conclusion.
My understanding of provision for
a cue.
in what sense?
exchanges was to provide the utilities with
flexibility in terms of altering their position in
Would it be fair to say that the
exchange provision was intended to enable
utilities to optimize the scheduling of their
delivery of spent fuel to DOE?
MS. SULLIVAN:
Obj ection.
Vague.
I think I would have to have a
better
definition of the word
optimize.
I mean , optimize
Let me show you a letter which has a
context and see if that helps illuminate
Alderson Reporting Company, Inc.
1111
you.
14th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005
'-.
--Document 840-9 Filed 07/07/2004 Page 6 of 25
June 13 ,
Case 1:98-cv-00126-JFM
Nancy Slater Thompson
2002
Washington , D.
Page 125
Practicable is a very broad word, but
, for example, a utility wanted to exchange with
another utility with exactly the same age
fuel,
the same type fuel , reasonably close locations
the same number of MTU, I would say that would be
practicable.
department'
I don't think it was the
s intention , nor mine , to hinder that
process.
Would it be reasonable to say that the
department intended to minimize the number of
proposed exchanges that it would have to
disapprove?
MS. SULLIVAN:
Objection ,
vague.
I don't think we had a specific
intention to minimize or maximize.
I think it was
our intention to accommodate, to the extent
practicable, all reasonable requests to exchange
Q.
Let I s switch subj ects
to failed
fuel,
something that I think you mentioned briefly
before.
I believe that you mentioned before that
you had at least a vague recollection of an
understanding that acceptance by the department of
failed fuel might be
that correctly?
delayed.
Am I remembering
Correct.
Alderson Reporting Company, Inc.
1111 14th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005
Case 1:98-cv-00126-JFM
Nancy Slater Thompson
Document 840-9
Filed 07/07/2004
Page 7 of 25
June 13 ,
2002
Washington , D.
Page 164
THE REPORTER:
MS. SULLIVAN
Reading and signing?
Yes, reading and
signing.
Off the
record.
4: 35 p. ffi., the
taking
(Thereupon, at
of the instant deposition was ceased.
Signature of the Witness
SUBSCRIBED AND SWORN to before me this
day of
Clu.~
cQ $~
' 200..l..
\j)lGAf!J
t CVj
NOTARY PUBLI C
My Commission Expires:
&'6 I
(jOJ3
Alderson Reporting Company, Inc. 1111 14th Street , N~. Suite 400 1- 800- FOR- DEPO Washington , DC 20005
/$p( (,.
:~
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Case 1:98-cv-00126-JFM Document 840-9 Filed 07/07/2004 ER~v\ TA SHEET FOR THE TRANSCRIP I OF: Notice Date: June 17 2002 Case Name: Yankee Atomic VS. United Case Number: 98- 126C- 987 4C
Dep. Date: June 13 , 2002 Deponent: Nancy Slater Thompson
Page 8 of 25
States
Place: Washington DC
Ref. No. :
4269CORRECTIONS:
Page
Line
Now Reads
Should Read
Reasons Therefore
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Case 1:98-cv-00126-JFM
Document 840-9
Filed 07/07/2004
Page 9 of 25
EXHIBIT
Case 1:98-cv-00126-JFM
Document 840-9
Filed 07/07/2004
Page 10 of 25
May 1 , 2002
Ronald A. Milner
Vol!
McLean , VA
Page 2
(00- 440C)
(Bush, J.
WISCONSIN ELECTRIC POWER COMPANY
( 00 - 6 97 C) (Me
row, S. J. )
POWER AUTHORITY OF THE STATE OF NEW YORK
(OO- 703C) (Damich, J.
OMAHA PUBLIC POWER DISTRICT
(01- 115C)
(Bush, J.
NEBRASKA PUBLIC POWER DISTRICT
( a 1 - 116 C) (Sypo 1 t , J.
TENNESSEE VALLEY AUTHORITY
(01- 249C)
(Bruggink, J.
Plaintiff s,
THE UNITED STATES
Discovery Judge:
: (Judge
- - -xSypol
Defendant.
McLean , Virginia
Wednesday, May 1, 2002
Deposition of RONALD A. MILNER, a
wi tness, 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
IIII
Alderson Reporting Company, Inc. 14th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005
Case 1:98-cv-00126-JFM
Ronald A.
Document 840-9
Filed 07/07/2004
Page 11 of 25
Milner
Vol I McLean , VA
May I , 2002
Page 73
pre- 1998
backlog of 40 809 metric tons?
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 I
S\
intentions at or about this time, to work off
the backlog of spent nuclear fuel that utilities
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.
21 understanding of the intent was to work off the
22 backlog.
At the point I joined the program , my
(There was a pause in the
proceedings.
MR. TOMASZCZUK:
Mr. Milner, I'
m going
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 A. Milner
Document 840-9
Filed 07/07/2004
Page 12 of 25
May I , 2002
Vol I McLean , V A
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?
That'
s correct.
It 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: Objection
that.
understanding sitting here today as to what is
being referred to in that listing of problems?
foundation, and speculation , and vague.
THE WITNESS:
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.
IIII 14th Street ,
N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005
Case 1:98-cv-00126-JFM Ronald A. Milner
Document 840-9
Filed 07/07/2004
Page 13 of 25
May 1 , 2002
Vol I McLean , VA
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.
It doesn'
t clearly define how you deal
wi th non- fuel bearing components of the fuel
assembly.
BY MR. TOMASZCZUK:
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.
IIII 14th Street ,
N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005
Case 1:98-cv-00126-JFM
Ronald A. Milner
Document 840-9
McLean , VA
Filed 07/07/2004
Page 14 of 25
May I , 2002
Page 194
Page 196
Annual Capacity Report.
I can represent that I believe it' s a
that.
MR. SHULTIS: Okay.
draft document.
(Milner Exhibit No. 19
3 (Whereupon , at 6:00 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
, the deposition was recessed , to reconvene Thursday, May 2 , 2002 , at 9:15 p.
~a~ 1!1~
RONALD
~~ER
SUBSCRIBED AND SWORN to before me this
day of-------
).cd.1
L.z-:
/VA I;
yJ)(
~"1
20----
NOTARYPUBLIC
18 My
commissIOn expires:
Ii'!
/D
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
Page 195
Page 197
this time?
A. I don
t recall offhand. He may have
been.
Q. Sitting here today, do you recall
whether there was anything about this draft that
caused an ACR not to be issued in 1989 in final
CERTIFICATE 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 typewntten transcript under my
fom?
MS. HERRMANN: Objection -- vague foundation. THE WITNESS: I don t recall, 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
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.
I1II . 14th
Street ,
N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005
. ,.
-Ronald A. Milner
-Document 840-9
-Filed 07/07/2004
- - Page 15 of 25
May 2 , 2002
Case 1:98-cv-00126-JFM
McLean , V A
Page 197
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,
DUKE POWER , A
DUKE ENERGY CORP.
Division of
C8r1ifted. 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 - 488 C) (Y
ock , S. J
COMMONWEALTH EDISON COMPANY
(98- 621C) (99- 447C)
(Hewitt , J.
BOSTON EDISON COMPANY
(Allegra, J.
GPU NUCLEAR , INCORPORATED
Alderson Reporting Company, Inc. Street , N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005
IIII 14th
-------------- -----Case 1:98-cv-00126-JFM
Ronald A. Milner
McLean , V A
Page 198
Document 840-9
Filed 07/07/2004
Page 16 of 25
May 2 , 2002
(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
(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,
THE UNITED STATES,
Discovery Judge:
: (Judge xSypol t)
McLean, Virginia
Defendant.
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.
IIII
14th Street , N. W. Suite 400 1-800- FOR- DEPO Washington , DC 20005
Case 1:98-cv-00126-JFM Ronald A. Milner
Document 840-9
Filed 07/07/2004
Page 17 of 25 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
I 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 840-9
McLean. V A
Filed 07/07/2004
Page 18 of 25
May 2 , 2002
!'~ge 402
does.
Q. It appears thai th('.,;e :-ate" are bH~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
.mM
RONALD A. MILNER
SUBSCRIBED AND SWORN to before me /11
this~_ .!..lI./
20Ll?'.
eM
day of----
7----
(p/:i1--/
/ NOTARY/ PUBLIC
My corrulllsslOn expires: :5
Ir. t::.
Page 403
CER TIFICA TE 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
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
53 (Pages 402 to 403)
Alderson Reporting Company, Inc. II J I 14th Street. N. W. Suite 400 1- 800- FOR- DEPO Washington, DC 20005
Case 1:98-cv-00126-JFM
Ronald Milner
Document 840-9
McLean, V A
Filed 07/07/2004
Page 19 of 25
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 ED I SON 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.
1111
14th Street , N. W. Suite 400 1- 800-FOR- DEPO Washington , DC 20005
-Case 1:98-cv-00126-JFM
Ronald Milner
Document 840-9
Filed 07/07/2004
Page 20 of 25
May 3 , 2002
McLean , V A
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' 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
lnterest 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
I don
hypothetically
I 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 example I might think 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
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Page 21 of 25
May 3 , 2002
McLean, V A
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 project?
I don't recall.
paid for two or three of the storage canisters and
17 Q.
16
\.. casks but I don't
recall.
Objection, Mr.
I believe the Department
AnCf you say this would potentially allow
the utility to decommission the fuel on site?
I f you
stored enough of the fuel, yeah.
Was that an objective the Department had?
MR. SHULTIS:
a 30
Milner is not
(b) (6) witness.
THE WITNESS:
I think the Department
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 840-9
Filed 07/07/2004
Page 22 of 25
CERTIFICATE OF REPORTER
UNITED STATES OF AMERICA)
ss.
COMMONWEALTH OF VIRGINIA)
I, CYNTmA 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 840-9
Filed 07/07/2004
Page 23 of 25
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, S.
COMPANY
CeRTIFIED COP
) Volume I
CONNECTICUT YANKEE ATOMIC POWER
(98 - 154C) (Merow, S. J. )
MAINE YANKEE ATOMIC POWER COMPANY) Washington, D.
( 9 8 - 4 74
C ) ( Me
row, S. J . )
) Tuesday
) May 7, 2002
Plaintiffs,
THE UNITED STATES,
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, D. C.,
at 3
: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 Washington , DC 20005
Case 1:98-cv-00126-JFM Ronald A. Milner
Document 840-9
Filed 07/07/2004
Page 24 of 25
May 7 , 2002
Washington , D.
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:
Obj ection, calls for
speculation and possibly a legal
conclusion.
m trying to recall at that time
don't recall what the schedule assumptions were
offhand at that point.
BY MR. SKALABAN
Well, let'
18.
s take a look at Milner Exhibit
MR. SHULTIS:
MR. SKALABAN
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 I 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
Document 840-9
Filed 07/07/2004
Page 25 of 25
May 7 , 2002
Washington , D.
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 I
what
it suggests,
yes.
BY MR. S KALABAN :
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
IIII
Alderson Reporting Company, Inc. 14th Street , N. W. Suite 400 1-800- FOR- DEPO Washington , DC 20005