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

-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( (,.

:~
,,(

~~~
;,,~

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

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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