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Preview Motion for Leave to File - District Court of Federal Claims
- - - - - - - - - - Case 1:98-cv-00126-JFM
Alan Brownstein

---------Filed 07/07/2004 Page 1 of 25
April 10 ,

Document 840-7

2002

McLean , V A

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
( 0 1 - 11 6 C) (S
yp 0 1 t , J.

TENNESSEE VALLEY AUTHORITY
(01-249C) (Bruggink, J.

Plaintiffs,
Discovery
THE UNITED STATES,
: Judge:

Defendant.
McLean, Virginia

: (Judge
x S yp 01 t )

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,

1111 14th Street , N. W.

Alderson Reporting Company, Inc. Suite 400 l- 800- FOR- DEPO Washington , DC 20005

"""",

\...
Case 1:98-cv-00126-JFM
Alan Brownstein

.,

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Page 2 of 25

April 10 ,

2002

McLean , V A

Page 343

goal of trying to get a reposi tory approved and
buil t at Yucca Mountain?

Completing the mission of the

program.

Right.

In your view, how likely

is it

that the reposi tory will be designed and

constructed to accept 900 metric tons a year?
MR. BANES:

Obj ection.

Calls for

speculation; lack of

foundation.
The question

THE WITNESS:

confusing to me.
Wha tever the acceptance, whatever the

long term if you will acceptance rate
a several year ramp- up

is,

whatever that number would be, you would expect

period.
Can you read my

MR. TOMASZCZUK:

question back?
THE REPORTER:

Question:

In your

Vlew, how likely is it that the repository will
be designed and constructed to accept 900 metric
tons a year?"
MR. BANES:

Obj ection.

Calls for

speculation; lack of

foundation.
As a steady state? implies?

THE WITNESS:

that what your question

BY MR. TOMASZCZUK:

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 840-7

Filed 07/07/2004

Page 3 of 25

April 10 ,

2002

McLean , V A

As a steady state, I' ll take that

answer.

That'

s fine if you want to put that

clarification on it to help you

answer.

I believe we would, I believe that

would be a low

figure.

I mean every document that you have

shown me shows a higher figure than that for

steady- state
proceedings.

operation.

(There was a pause in the

BY MR. TOMASZCZUK:

Mr. Brownstein, going back to the ACR,
this 1991 ACR, still on page 4, third paragraph

on this page, and there lS a reference in the
first sentence to Table 2.

1.

I think I have asked you some

questions about that.
Yes.
And then the sentence appears this
table, that is, the Table 2. 1, provides only an

approximation of the system throughput rates and
is subj ect to change depending on the system

design and configuration and Congressional
action regarding the condi
of an MRS facili

tions for the si ting

ty?

Alderson Reporting Company, Inc.

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

CaseBrownstein 1:98-cv-00126-JFM Alan

Document 840-7

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Page 4 of 25 10 , 2002 April

McLean , V A

Page 420

utilities assumed.
I mean the statement as I wrote it and

as I meant it, the utili ties started looking
from a planning perspective, assuming that DOE

would begin acceptance in ' 98.
It doesn t mean anymore than

that.

BY MR. HIRSCH:

Now you said, went on to say by the
end of 1998, it is projected that approximately

38, 200 metric tons of spent nuclear fuel will be

in storage at reactor si tes
Um- hm.

across the country?

Do you know where you got that

information?
I probably got that from one of two

sources.
Probably I ei ther got it from an EIA

document, or -- the DOE Energy Information

Administration analysis or report, or a PNL

document.
Now --

the best of
Okay.

my recollection.

until the spent nuclear fuel from utili ties,
1111 14th Street , N. W.

Thanks. goes on to say the federal government begins accept
available

Alderson Reporting Company, Inc. Suite 400 l- 800- FOR- DEPO Washington , DC 20005

. ---....

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

Document 840-7

Filed 07/07/2004

Page 5 of 25

April 10 ,

2002

McLean , VA

Page 421

storage capacity at each reactor site will

continue to decrease, and other alternatives
such as dry storage will be

needed.

Do you know what your basis for making
that statement was?

As each day goes

on, spent fuel is
as they undergo,

produced, and the utili ties,
basis.

have to replace that spent fuel on, on a regular

That spent fuel has to go somewhere on

their si te,

and the first line defense of the

utili ties if
alternatives.

you will is their storage pool, and

space was running out in their storage

pools,

and they were going to have to look at, at

Once they looked at alternatives like
reracking, they would then have to look at

alternatives beyond the storage

pool.

So as of the time you wrote this

document, you recognized that, that nuclear

utili ties were
Tha t

running out of, out of space In

their storage pools, is that correct?

was no

secret.

Eve ryone

understood that.
Okay.
And then you go on to

say,

" As

Alderson Reporting Company, Inc.

111I 14th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005

--..

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

Document 840-7

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Page 6 of 25

April 10 ,

2002

McLean , V A

Page 439

MR. HIRSCH:

Sure.

That' s fine.

(A recess was taken.

BY MR. HIRSCH:

Mr. Brownstein, will you look back at

Brownstein Deposi tion
Okay.

Exhibit 38?

Will you look at page 2390?

There

also appears to be a drawing shown here, and
then beneath that, there s some text with four
bullet points.

Do you see that?

Yes, I

do.

Somebody drew through the last bullet

point.
Is that something that you did, Mr.

Brownstein?
I probably would have done

that.
fees

And why did you strike determine
in terms of payment?

It is, in my mind, the waste

acceptance process, the fees in terms of payment
while they
separa te,

re part of the contract,
separate subj ect
Look at page 2391.
Alderson Reporting Company, Inc.

is, is a

from the was

acceptance process.
At the top of

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

--'

........

......

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

Document 840-7

Filed 07/07/2004

Page 7 of 25

April 10 ,

2002

McLean , VA

Page 441

group of utili ties,
know, addi tional
BY MR.

that they were going to have

to, to make those decisions wi th respect to, you

storage at their
HIRSCH:

sites.
ties

And what kind of spent fuel decisions
or commi tments did you understand the utili

were going to have to make?

Oh, as an example, commitments to dry

storage.
And then the last bullet point on this
page is " The

hardships resul ting

from the

uncertainties in the start of acceptance.

What did you understand were the

hardships to the utili ties
MR. BANES:

resul ting from the

uncertainties in the start- up?

Obj ection -- vague.

Calls

for speculation.
THE WITNESS:

To the extent that we

could not identify a particular point in time

when a facility would commence
would put a burden on the

operations, that utilities of what, of

internal decisions that they needed to make in

order to continue to keep their plants runnlng

to accommodate the spent fuel, and so this
statement recognized --

again, I' m

not sure that

II1I 14th Street ,

Alderson Reporting Company, Inc. N. W. Suite 400 l- 800- FOR- DEPO Washington , DC 20005

--..,
Case 1:98-cv-00126-JFM
Alan Brownstein

Document 840-7

Filed 07/07/2004

Page 8 of 25

April 10 ,

2002

McLean , V A

hardships is a word that I would have used, but
purports to indicate in this draft that the

department at least has a recognition if in

fact

not a clear, in fact a clear understanding of

that the utili ties have
BY MR. HIRSCH:

been affected by

that.

The DOE recogni zed that the
uncertainties about when the DOE would start
acceptance would cause burdens on the utili

ties,

is that correct?

Sure. There

Yes.
s a -- strike

that.

And one of

the burdens would be, would it not, having to

determine or provide al ternati ve storage, is
tha t

correct?
MR. BANES: THE WITNESS:

Obj ection -- vague.
Maybe I can use an

example, and the way best way to respond to you,
if we were going to be 30 days or 180 days or
360 days beyond a certain date, and then begin
the waste acceptance

process, the utili ties

would find a, a low capital cost alternative to
accommodate their spent fuel, whether it be

reracking or transferring to another facili ty.
It would not invest in mul ti- million
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 840-7

Filed 07/07/2004

Page 9 of 25
April 10 ,

2002

McLean , V A

Page 443

investment in dry storage
BY MR. HIRSCH:

capability.

But if the DOE was golng to miss the

acceptance date by a long period, say

12 years,

then the utili ties might be forced to engage in

those high- cost,

high- capital alternatives,

correct?
MR. BANES:

Obj ection.

Calls for

speculation.
THE WITNESS:

It, it is, it is

possible.
Again, we made no secret of this
program, where we were and the difficul ties of

commencing facility operations, and we also made
it clear in all the documents that we reviewed

that until that time, we believed it was the

utilities '

responsibility, so you know, that

burden exists on the, existed on the utilities.
I should say that responsibility.
BY MR. HIRSCH:

And so in DOE' s Vlew , if the

government was going to miss the 1998 acceptance

date by 20 years say, that entire burden of

storing waste was the utili ties
The, the statements, and if

necessary,

1111 14th Street , N. W.

Alderson Reporting Company, Inc. Suite 400 l- 800- FOR- DEPO Washington , DC 20005

--""

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

Document 840-7

Filed 07/07/2004

Page 10 of 25

April 10 ,

2002

McLean , V A

Page 452

reporter mark

something.
42.

This is an accompanYlng document to
this, so let' s go ahead and mark this as

(Brownstein Exhibits Nos. 41

and 42 were marked for

identification.
THE WITNESS:

Okay.

BY MR. HIRSCH:

Mr. Brownstein, I have handed you what

has been marked as Brownstein Deposition Exhibi
41 and Brownstein Deposition Exhibi t

42.

Brownstein Deposition Exhibit 41 is a
memorandum for the Secretary from Dan

Dreyfus.

It has Bates labels HQR-00I-0339 and
HQR- 001-311 through

312.

Can you identify these documents?

Can I?
Wha t

they are.

Yes.
Can you tell me what you understand
they are?

Sure.

They re, as I said, they

recommendations to the Secretary to approve the

department'

s issuance of a Notice of Inquiry

regarding waste acceptance lssues.
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 840-7

Filed 07/07/2004

Page 11 of 25
April 10 ,

2002

McLean , VA

Page 453

And did you prepare Exhibi t
the text, that is?

41 and 42,

Yes.

And I guess Exhibi t
the Secretary of Energy?

42 shows that it

was approved by the Secretary, is that

correct,

Yes.

That would have been Hazel 0' Leary, is
that right?

Yes. Yes.

That doesn

t look like

yes.
column of

And on the right- hand

Exhibi t 41, on the second page, everybody signed

off on this memo before I guess it went to the
Secretary, is that correct?

That' s correct, um-hm.
You see in the discussion section

Looking at 41 or 42?

m sorry.
first page.

Let'

s look at 41, the

Okay.
On the discussion section, first

paragraph ,

second sentence, it

says, " While

it

is the Department' s preliminary view that the

Act does not impose a statutory obligation to

1111 14th Street , N. W.

Alderson Reporting Company, Inc. Suite 400 I- 800- FOR- DEPO Washington , DC 20005

--,

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

Document 840-7

Filed 07/07/2004

Page 12 of 25
April 10 ,

2002

McLean , V A

Page 455

the mission plans and the ACRs, the DOE had

created an expectation it would begin accepting

spent fuel in 1998, is that correct?
I would not

MR. BANES:

Calls for legal

conclusion.
THE WITNESS:

No, I would not include

the mission plan in that because the mission

plan was part of the statute, not part of the
contract, but the rest of that statement was

accurate.
BY MR. HIRSCH:

All right.

So for example, by issuing

the ACRs, the department could have created an

expectation it would begin accepting spent
in 1998, is that correct?
MR. BANES:

fuel

Obj ection.

Calls for a

legal conclusion.
THE WITNESS:

May have created an

expectation.
(There was a pause in the

proceedings.
BY MR. HIRSCH:

25 the on the first page of Exhibi t 41 -Alderson Reporting Company, Inc.
I1I1 14th

24 I

Q. At the, under the lssue heading at
Street, N. W. Suite 400 I- 800- FOR- DEPO Washington , DC 20005

-.
Case 1:98-cv-00126-JFM
Alan Brownstein

Document 840-7

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Page 13 of 25
April 10 ,

2002

McLean , V A

Page 456

Okay.
Do you see a reference to eliciting
the views of interested parties on several

issues, one,
three?

they re listed as one, two and

Yes.
And the third option is options
through the nuclear waste fund to offset a

portion of the financial burden which may be

incurred by utili ties
is that right?

in continuing to store

spent nuclear fuel at reactor sites beyond 1998,

Yes.
What was your understanding at that
time of what the financial burden was to the

utili ties for
1998?

storing spent nuclear fuel beyond

MR. BANES:

Objection -- asked and

answered, and calls for
THE WITNESS:

speculation.
Things like adding dry

storage to accommodate the spent
BY MR. HIRSCH:

fuel.

Q. Mr. Brownstein, did you have any
discussions at the DOE that the DOE'
s inability

to start accepting waste could delay reactor

1111 14th Street , N. W.

Alderson Reporting Company, Inc. Suite 400 l- 800- FOR- DEPO Washington , DC 20005

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

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Page 14 of 25

April 10 ,

2002

McLean , V A

Page 457

decommissioning?
I was aware of that, and you know,

over ten years dealing wi th

the subj ect,

considered I would certainly have had a

discussion about that, but I don t recall a
specific discussion, but I may

have.
You

Well, let me put it this way.

were aware I take it of the possibility that the
DOE' s failure to pick up spent nuclear fuel

could cause utili ties
MR. BANES:

to delay reactor

decommissioning, is that correct?

Obj ection -- misleading.

Calls for speculation.
THE WITNESS:

Yes.

BY MR. HIRSCH:

Were you informed of that by

utilities?
I don t have a specific recollection

of that.
Did your contractors study those

issues?
They may have.
Do you recall any particular studies

done by PNL or your other contractors on that

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

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

Document 840-7
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Filed 07/07/2004

Page 15 of 25
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 tnes

s

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

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

invol ved therewith.
Witness 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 I- 800- FOR- DEPO Washington , DC 20005

Case 1:98-cv-00126-JFM

Document 840-7

Filed 07/07/2004

Page 16 of 25

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 tness was duly

do hereby cert i fy that sworn, that the test i mony

of sai d wi tness was
reduced'

taken by me and thereafter

to this typewritten transcript under my

supervision, that said transcript is a true
reco rd of

the tes t i mony gi yen by sa i d wi tness ,
i es to the

that I am nei ther counsel for, related to, nor

employed by any of the part

proceedi ng, and further, that I am not a

re la t i ve 0 r an employee of any at to rney 0

counsel employed by the part i es thereto,
financially or otherwise interested in the
outcome of the proceeding, or any action

i nvo 1 ved the rewi th .
Witness my signature and

seal:

r1;
CATHERINE S. BOYD

Notary Publ i c in and for
The District of Columbia

My commission

expires:

August 31, 2002

. ..:',.

-"', , ~.

- - - - - - - - - - - - - - - - - - Case 1:98-cv-00126-JFM
Alan Brownstein
Washington, D.

Document 840-7

Filed 07/07/2004

Page 17 of 25
May 23, 2002

Page 1

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.
MAINE YANKEE ATOMIC POWER COMPANY

(98- 474C) (Merow, S.

Plaintiffs,
CERTIFIED CC
THE UNITED STATES,

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 wi tness

being duly sworn by JAN A.

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,

at 8:40 a. m.,

Thursday, May 23, 2002, the

proceedings being taken down by Stenotype by JAN

WILLIAMS, RPR, and transcribed under her

direction.

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

\..

,,Document 840-7
Washington, D.

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

Filed 07/07/2004

Page 18 of 25
May 23 , 2002

Page 104

the contract, the DOE would make adjustments from
time to time in the queue, if you will, the APR
ranking, based on reinserted fuel

is that right?

Yes.

And that was -- as I recall that was

one of the issues.

To get in the queue, it had to be

based on the date of final

discharge. Utili ties

could have, you know, subsequent to its, you know,
final discharge date decided for other reasons to

reinsert that fuel.
there.

And then that fuel which created

the place in the queue was no longer -- no longer

So what do we do.

That was an issue.

Was that issue ever resolved?

To the best of my recollection somewhere,

whether it was in the APR or some
think we addressed

instructions, I
I don t remember the

it.

I don t recall offhand, but I

think we addressed the subj ect .

details.

It was published, whatever we did.

Now, you said earlier, when we were
talking -- when we were discussing

exchanges, that

you were aware or the department was aware that these
approved DCSs had different value to different

utilities?
Well, what I said was could

have.

Okay.

What do you mean by that, why did

25

you have an understanding, why did the department

Alderson Reporting Company, Inc.
tIll 14th Street ,

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

'--Case 1:98-cv-00126-JFM
Alan Brownstein

.-.
Document 840-7
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Page 19 of 25
May 23 , 2002

Page 105

have the understanding that the approved DCSs could
have different value to different utilities?
MR . CRAWFORD:

Objection, compound; and

objection, vague;

objection, foundation.
If you take two utilities

THE WITNESS:

that had, you know, different places in the

queue,
a

their situations on, for instance, their cost of
storage could have been different.
couple of examples.

I I 11 give you

Maybe one utility had an early allocation
that would have been easy for them to rerack or, you know, they had already made the capital costs for a storage facility or had excess storage capacity

wi thin their pool.
The value -- we believed the value of that

place in the queue to that utility was less than a

utility that,
maj or capi tal

if they did not receive the services in

that particular year, they would have had to make a

expense.

So you can see a natural

imbalance to the utilities themselves and the value

of receiving fuel at any particular

time.

And, if there was that imbalance, we
assumed, certainly the contract allowed for, you
know, a market to develop.

And we were going to then

be a part of that because the contract required us to

Alderson Reporting Company, Inc.
IIll 14th Street ,

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

'-Case 1:98-cv-00126-JFM
Alan Brownstein

Document 840-7
Washington , D.

Filed 07/07/2004

Page 20 of 25
May 23, 2002

pprove it,

~en the

gover=en t has to approve

it.

Page 106

We wanted to be careful how
interfered with the marketplace.

we, quote,

And there were

these issues, these technical issues that, if we

resolved together, would have -- again, since these

were primarily equity issues, not issues of key
importance to us, we wanted to do as little as

possible in interfering with the

market.

That was my

rationale in how these -- how this subject
BY MR. STOUCK

developed.

And that was a subject that
12 '

you, that

being a subj ect

of exchanges of DCSs, approved DCSs,

that was something you certainly had responsibility

for?
Yes.
And you wanted to be careful in not
interfering too much with this marketing DCS

exchanges because, as a general proposition, you know

markets are good, you wanted to allow the utilities
to pursue presumably their self interest in making
economic exchanges; is that what was behind it or was
there something else behind it?
MR . CRAWFORD:

Objection, compound.

THE WITNESS:

Markets are efficient.

And

the efficiency of that market increases with the

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

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Alan Brownstein

Document 840-7
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Filed 07/07/2004

Page 21 of 25

May 23 , 2002

Page 107

information that I s available.

Whether it

be the -- who has got what place in the queue or how
the rules are going to be interpreted and

applied.

It I S one of
went out of our way.

the reasons we did some -- we

When we decided to move forward

wi th the APR process, we did something very strange I

think.
hey, we

We went out and published a draft APR and

sort of alerted to the utili ties as
I re going
look at this.

best as we

could,

to do this, please take a serious

We tried to do everything we could that
the department would minimize its interference in the

markets.

I hope that I s responsive
BY MR. STOUCK
Tha t'

to your question.

s very respons i ve .

But I guess we

still left with the fact on this same subject that
there were these -- it I S my understanding that this

ACR issue resolution process, and my recollection is

34 or maybe 36, but some number like that, those
issues were never resolved, at least many of those
issues were never resolved?
MR. CRAWFORD:
THE WITNESS:

Objection, overbroad.

First of all of

those,

whether it was 34 or 36, did not -- were not
associated with this particular

issue. Let me see.

Alderson Reporting Company, Inc.

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

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

Document 840-7
Washington, D.

Filed 07/07/2004

Page 22 of 25

May 23, 2002

Page 108

There I S another part of the question.

There was some number, yeah.

You did what

with the APR in terms of getting
information out to as I understand your testimony sort of lay the groundwork, if you will, to the
extent possible for an efficient market mechanism?
Tha t was certainly our mot

i ve .

Okay.

That was your motive in getting

this APR out, at least getting the APR out for

comment and making sure people took it took
seriously, took their obligations to give you the

best data you could getting the RW- 859s?

Right. But nonetheless, notwithstanding that
motive and those actions with respect to the APR,

there were, , were there not, some number of issues in
the issue resolution process that did have a bearing
on exchanges or at least could that were not

resolved, right?
MR . CRAWFORD:

Objection, vague,

overbroad.
BY MR. STOUCK:

Is that right?

Yes, the subset of those 34 issues that
Alderson Reporting Company, Inc. 1111 14th Street, N. W. Suite 400 I- 800- FOR- DEPO Washington , DC 20005

110.

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

Document 840-7

Filed 07/07/2004

Page 23 of 25
May 23, 2002

Washington, D.

Page 245

Thank you.
(Whereupon, at

4: 25 p. m., the

depos

i tion

adjourned.

/LJ
Signature of the Witness

SUBSCRIBED AND SWORN to before me this
:J u.

1/')

i I;

day

IJ-I!.-

20

4uScO(;; t~ I/.

NOTARY PUBLIC

My Commission expires:

:rj/~/atld6

1111 14th

Streef~. Suite 400 1- 800- FOR- DEPO Washington , DC 20005

Alderson Reporting Company, Inc.

Case 1:98-cv-00126-JFM

Document 840-7

Filed 07/07/2004

Page 24 of 25

Eh ATA SHEET FOR THE TRANSCR. .. OF:
Notice Date: May 28 , 2002 Case Name: Yankee Atomic VS. United Case Number: 98- 126C- 987 4C Dep. Date: ' May 23 , 2002

States

Deponent: Alan Brownstein (continued)

Place: Washington DC
Ref. No. : 4269-

CORRECTIONS:

Page

Line

Now Reads

Should Read

Reasons Therefore

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It?
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Signature of Deponent

Date of Signature

0L-

.-'

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Case 1:98-cv-00126-JFM
Alan Brownstein
Washington, D.

Document 840-7

Filed 07/07/2004

Page 25 of 25
June 14, 2002

Page 246

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.
MAINE YANKEE ATOMIC POWER COMPANY

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

C2:RTHFIED CO~iy
Plaintiffs,

THE UNITED STATES,

Defendant.

Washington, D. C .
Friday, June 14, 2002
Continued 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 previously duly

sworn,

taken at the offices of Spriggs & Hollingsworth, 1350
I Street, N. W., Washington, D. C., 20005- 3305,

at

8: 40 a. m., Friday, June 14, 2002, the proceedings
being taken down by Stenotype by JAN A. WILLIAMS,

RPR, and transcribed under her

direction.

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