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

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

Document 840-6

Filed 07/07/2004

April Page 1 of 26 9, 2002

McLean, VA

Page 9

Whereupon,
ALAN BROWNSTEIN,

was called as a witness by counsel for
Plaintiffs, and having been duly sworn by the Notary Public, was examined and testified as

follows:
EXAMINATION BY COUNSEL FOR PLAINTIFFS
FLORIDA POWER AND LIGHT COMPANY,

NORTHERN STATES POWER COMPANY, DUKE
POWER, INDIANA MICHIGAN POWER COMPANY, BOSTON EDISON COMPANY, GPU NUCLEAR,

INCORPORATED, POWER AUTHORITY OF THE

STATE OF NEW YORK, OMAHA PUBLIC POWER

DISTRICT, NEBRASKA PUBLIC POWER

DISTRICT:
BY MR. TOMASZCZUK:

Mr. Brownstein, would you state your
name for the record, please?
Alan Brownstein.

And by whom are you employed, sir?
Department of Energy.

And what is your title? I m a director of the Regulatory

Coordination Division, and Il m
Alderson Reporting Company, Inc.

on detail right

111114th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005

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

Document 840-6

Filed 07/07/2004

Page 2 of 26

McLean, VA

April 9, 2002

Page 10

1 ~now as a

special advisor to the, special, senior

policy advisor to the director.

You said director of regulatory
enforcement division?

Regulatory Coordination. And I I m sorry -- senior policy

advisor?

Right, to the director; that I s
detail right now.
To the director of OCRWM?
Of OCRWM.

13 of Energy, correct?

And that is all within the Department

15
14

A. Right. Um- hm. Q.

My name is Alex Tomaszczuk.

We met

prior to going on the

record.

m counsel for various of the utility

plaintiffs in this

case.

I I m going to ask some questions about
your knowledge with respect to the management of

spent nuclear fuel.
If you don

t understand my question,

please tell me, and I I 11 try and rephrase it so

that -Okay.
Alderson Reporting Company, Inc.

111114th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005

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

Document 840-6

Filed 07/07/2004

McLean, VA

Page 3 of 26 9, 2002 April

Page 13

economics from the Pennsylvania State

University.
And what year did you obtain your
Bachelors Degree?

1973.
And in what year did you obtain your

Masters?
1975.
Did you undertake course work for a

Ph.
I did not.

So you stopped your formal educational training after obtaining your Masters Degree?

That I S correct.
15

Can you summarize for me your

employment history after graduating from

college?
I worked at Penn State in a research

unit, was a consultant to the Pennsylvania

governor I s energy

council from 1 75 to 1

78.

In 1978, I went to, moved to General

Public Utilities, and worked there until 1980;
1980 to 1985, I worked for the General

25 I have worked for the Department of Energy.
Alderson Reporting Company, Inc.

24 Accounting Office, and from 1985 to the present,
111114th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005

....

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

Document 840-6

Filed 07/07/2004

Page 4 of 26

McLean , VA

April 9, 2002

Page 18

And that was a promotion for you at
the time?

Yes.
And what GS position or SES position
are you in now?

Fifteen.
And at what point in time did you get
promoted from a GS- 14 to a 15?
In the early
the exact date.

' 90s;

I don' t remember

It' It'
position.

s a GM.

m sorry.

Say that again.

s a GM- 15.

It'

s not an SES

It'
17 ,.

s a GM- 15?

Yes.
Now you re here today as a Department
of Energy employee, correct?

Correct.
And you' re represented by counsel for
the Department of Justice?
I am.

Do you hold any professional licenses?
I do not.

Subsequent to the receipt of your

Alderson Reporting Company, Inc. 111114th Street , N. W. Suite 400 1- 8oo- FOR- DEPO Washington , DC 20005

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

Document 840-6

Filed 07/07/2004

Page 5 of 26

McLean, VA

April 9, 2002

Page 27

since moved on to other positions.

Okay.

And are there individuals that

are employees of contractors that provide
support to DOE with whom you work closely?
We' re talking about the Regulatory

Coordination Division.
Yes.
Is that correct?

Correct.
I have contractors both at Booz Allen

and at the M&O, BSC.
What periods are you talking about?

Why don' t we take today?
going to work backwards a little

And I'

bit.
people,

At Booz Allen, my main contracting support is Richard Goffi and his team of

but mainly Richard, and the current M&O

contractor, BSC,

would be David Siefkin, but

understand I have been on detail for the past

eight or nine months, so I have not worked very

closely with Siefkin.
Okay.
You have been on detail for the

last eight or nine months as a senior policy

Right, since July I

believe, of last

Alderson Reporting Company, Inc. 111114th Street , N. W. Suite 400 1- 8oo- FOR- DEPO Washington , DC 20005

'Case 1:98-cv-00126-JFM Alan Brownstein Document 840-6 Filed 07/07/2004 Page 6 of 26
McLean , VA

April 9, 2002

1 hear.
So since July of 2001?

Page 28

That'

s correct.

It has been longer

than eight months, yes.

And since that period, you have been
on detail as a senior policy advisor to the
director of OCRWM?

Correct.
And who has been that person?
Lake Barrett.

And is Mr. Barrett still serving as
the director of OCRWM?

No.

He is deputy director.

So are you now reporting to someone

else in that, in your capacity as senior policy

advisor?

The new director was conf irmed two or
three weeks

ago.

Her name is Margaret Chu, C- h-u.
And my question , sir, is are you now
reporting to Ms. Chu?

Well, my direct, my first level
supervisor is Ron Milner.

25 advisor to the director of OCRWM, your first
Alderson Reporting Company, Inc. 111114th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005

In your capacity as a senior policy

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

Document 840-6

Filed 07/07/2004

Page 7 of 26
April 9 , 2002

McLean, V A

Page 29

level supervisor is Mr. Milner?

That I s correct.

All right.
He is the chief operating officer.

And then above him, you report to Mr.

Barrett?
That'
s correct.

The reporting chain

is Milner, Barrett, and now Chu.
And so would it be fair to say that

you

re also reporting to Ms. Chu at this time?

11 ,

A. Q.

It would be.

What have been your duties as a senior

policy advisor to the director of OCRWM?

Principally I have been responsible

for site recommendation

activities.

What do you mean by site
recommendation activities?

All the work leading up to the

Secretary

s recommendation to the President and

the President' s decision to recommend a site for

development of deep geologic disposal , which he
did in February.

And when you say the site , you
referring to Yucca Mountain, correct?
I am.
Ii'

Alderson Reporting Company, Inc.

111114th Street , No W. Suite 400 1- 800- FOR-DEPO Washington , DC 20005

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

Document 840-6

Filed 07/07/2004

Page 8 of 26

McLean , V A

April 9, 2002

Page 31

Is Mr. Barrett retiring?
He is.

Are you considering leaving DOE?
I am not.

Have you discussed the possibility of
leaving DOE with Mr. Barrett?
Of my leaving DOE?

Yes.
No.
Mr. Brownstein,
would like to go back to 1985 when you first became a DOE

employee.

Okay?
What position did you assume at that

time?
Position title in ' 85 was a nuclear

industry specialist.
Do you recall in what month in 1985
you began service at DOE?

September.
What were your duties as nuclear

industry specialist?
I was responsible for implementing the

terms of the standard disposal

contract.

I ran the, was responsible for the

data inputs that we received from the utilities

Alderson Reporting Company, Inc. 111114th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005

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

Document 840-6

Filed 07/07/2004

Page 9 of 26

McLean , VA

April 9, 2002

Page 32

called the RW- 859

information.

I also ran the graduate fellowship

program.
Those were my primary

responsibilities.
What were your duties with respect to
the graduate fellowship program?

Running it;

I mean I had

responsibili ty for selecting candidates to

serve, you know, in the fellowship program, so you know, I was the man responsible for

implementing it and running

Q.
positions?

it.

And that' s a program under which DOE

brings in talented people to work in fellowship

We support -MR. BANES:

Objection -- vague.

BY MR. TOMASZCZUK:

Do you understand my question?

just trying to get a feel for what the program

is.

A. We, we supported 20 fellows a year in
So these would be graduate fellows

their graduate work in fields of importance to
our program.

Alderson Reporting Company, Inc. 111114th Street , N. W. Suite 400 1- 800- FOR-DEPO Washington , DC 20005

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

Document 840-6

Filed 07/07/2004

Page 10 of 26

McLean, VA

April 9 , 2002

Page 33

working on nuclear engineering projects?
It could be.

We supported people

in,

I believe in health physics.

I believe we supported people in

policy-related positions, so it was not limited
o just engineering.

Q. What were your duties with respect to ,
implementing the terms of the standard disposal

contract?
MR. BANES:

Objection -- overbroad.

BY MR. TOMASZCZUK:
I believe that' s the term that you

used.
You said one of your duties was to
implement the terms of the standard disposal
contract, is that correct?

Sure.
And what --

Well, let me give

examples.

The

contract required issuance of something called
the Annual Capacity Report.
Tha t had never been

done before, and so as an example, I was responsible for developing

that.

I was responsible for interacting with
25

~he utilities and

ans_ring their questions.
--"""II

Alderson Reporting Company, Inc. 111114th Street, N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005

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

Document 840-6

Filed 07/07/2004

McLean, VA

Page 11 of 26 9 , 2002 April

Page 34

I was responsible for implementing
various items as a refund program as we had lost

a lawsuit, actually we lost two lawsuits, and I
was responsible for refunding money to the
utilities, responsible for collecting data on
spent fuel from the utilities, the RW- 859.
Those are examples.

Did there come a point in time in your

career at DOE when you, when your duties changed
from your duties that you just described as a

nuclear industry specialist?
The, the position itself evolved over

time.
Let me give a broad outline, see if

that'

s responsive to your question.

Please.
In 1985 when I started that position,

I was basically a one- person show doing these

type of activities with contractor

support.

Over time, that position evolved into

a branch of which I was the branch chief, and
eventually that position evolved into a

division, and each time, the responsibilities
got a little bit broader.

Okay.

Thank you for that.

That' s .-J

Alderson Reporting Company, Inc. 111114th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005

'-Case 1:98-cv-00126-JFM Alan Brownstein Document 840-6 Filed 07/07/2004
McLean, VA

Page 12 of April 9 , 2002 26

Page 35

helpful.
When did the duties that you were performing as a specialist evolve into a branch
chief position.

I do not recall the exact dates.

believe in the late

' 80s,

it went to a branch,

and I believe in the early '
division.

90s, it went to a

I just don' t recall the exact times.

And when it became a division, what
was the name of the division?

Well, let' internally.

s see.

They do this

The branch was called I believe

Utility Interface and Logistics

Branch.

m hesitating because I believe the

division underwent several names, and I actually
just don' t recall

it.

I have to review my

resume.
I didn' t do that before I came

here.

Does the division, whatever its name,
still exist today?
It does.

I mean it' s continued to

evolve.
And is it the Regulatory Coordination
....oil

Alderson Reporting Company, Inc. 111114th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005

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

Document 840-6

Filed 07/07/2004

Page 13 of 26

McLean, VA

April 9 , 2002

Page 36

1 j Division?
It is not. It is not.

Okay.

What is its current

name, if you know?
I don

t know.

I left, I left that

area in early 1

95.

When you say you left that area, what
area are you referring to?
m sorry.

I left the, my, my

responsibilities, talk about it

broadly,

interacting with the utilities, and

responsibility for the contract, I left that I
believe in March of 1 95 to go into the division

director for the Regulatory Coordination

Division.
Over this long span of time, names of
divisions have changed and evolved and
responsibili ties, and I have not kept very

I closely associated
Okay.

or attached to

that.

You assumed the position of the

director of the Regulatory Coordination Division

in March of ' 95?
To the best of my recollection.

Okay.

That I S fair.

It has been a

little while I understand.

All I can ask you is

Alderson Reporting Company, Inc. 111114th Street, N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005

'-.
Case 1:98-cv-00126-JFM Alan Brownstein Document 840-6 Filed 07/07/2004 Page 14 of 26
McLean, VA

April 9, 2002

your best recollection, and I thank you for

it.

Page 37

Okay.
SO it I S fair to

ten- year per iod ,
That I

you were

say then for roughly responsible for

a

implementing the terms

of the standard contract?

fair.
that regard, you were

And in
wi th

dealing

the

utility industry?
That I S

fair.

And in or about March of 1985, your
duties changed?

95.

95 -- I' m

sorry.

That I S correct.
In March of 1995 when you assumed the

position of director of regulatory
was that a promotion for you?

coordination,

No.
Was it a lateral move?

That I S correct.
And why did you make that move?

The director asked me to take on those

responsibilities, Lake

Barrett.

There was, there was other, as I 1
thinking back on it, there was other periods.

Alderson Reporting Company, Inc. 111114th Street, N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005

'-Case 1:98-cv-00126-JFM Alan Brownstein Document 840-6
McLean , VA

::::::
Filed 07/07/2004 Page 15 of 26 9 , 2002 April
Page 40
That would it

be fair to say that in

dealing with regulatory matters, you have less

contact with the utilities and more contact with
the regulatory agencies?

In a relative sense,
sense, yes.

not absolute

You testified, Mr. Brownstein, that

you were responsible I believe for preparing the
ACRs, is that right?

Correct.

11

:::e r
~he ~~s f :::
prepare?
Over time, responsibility for the
i c
;:u t

1 :::e :o

than

Annual Priority Ranking, those were two separate
independent -- the Delivery Commitment
Schedules, it

was a separate document, so those

were the two, in the

I 80s, those

were the two

documents I was responsible

for.

You said the Delivery Commitment
Schedule you view as part of that process?

Yes, but not as a separate independent

report like the ACR and APR.

25 process?

But you had responsibility for the DCS

Alderson Reporting Company, Inc. 111114th Street, N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005

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

Document 840-6

Filed 07/07/2004

Page 16 of 26

McLean, VA

April 9, 2002

Page 41

Yes.
other than the ACRs, the APRs, and the

DCS, were there other documents for which you
had responsibility to prepare?

When you say responsibility to
prepare, those never, those two documents didn

exist, so when I say had responsibility to prepare, I mean starting from conceptually to

how we I re going to do

it.

Those were unique

documents.
I had responsibilities, for

instance,

on the RW- 859 form and worked with utilities in

trying to modify that and trying to implement
those terms.

The Energy Information Administration

was responsible for implementing that, but that
in essence worked as a contractor for my

office,

so we worked closely with the utilities to try

to streamline the information that we felt we
needed and minimize the burdens on the

utilities.
I view that as a different category of

document.
You had no role, if I understand your
testimony, when you came on the scene, you had

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 840-6

Filed 07/07/2004

Page 17 of 26

McLean, VA

April 9, 2002

Page 57

MR. TOMASZCZUK:

Ms. Reporter, I'

going to hand you and ask you to mark as

Brownstein Exhibit 2 an excerpt of a June 1985
document entitled, " Mission Plan for the

Civilian Radioactive Waste Management Program,

and I think I can represent it reflects the

Table of Contents and the, I believe the first
28 pages of that mission plan.
(Brownstein Exhibit No.

was marked for

identification.
BY MR. TOMASZCZUK:

Do you recall that
Brownstein Exhibit 2?

document,

Yes.
And it is an excerpt of the June 1985
mission plan, is that correct?
To the best of my recollection, it is

All right. And
m aware of

you I re

familiar with

this document, are you not?

it.

I have read pieces

of it.
You didn'
t prepare it, did you?

That I s correct.
Do you know who did?

Alderson Reporting Company, Inc.

111114th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005

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

Document 840-6

Filed 07/07/2004

McLean, VA

Page 18 of 26 9, 2002 April

Page 58

I do not recall.

This

is, the date is
recall

June

85.

It was before my
I appreciate that.

time.
Do you

whether you read this document at or about the
time you became a DOE employee or shortly

therea f ter?
I believe I read excerpts from

it.

Did you use the document to implement
the terms of the standard contract?

I used -- yes, in

part.

And what parts did you use?

I used the waste acceptance

rates.

Hesitation in the response is whether I used the

I 85 or the subsequent mission

plan.

I don' t recall which, but I certainly

used the mission plan or its predecessor

documents for the waste acce

Q. Do you know whether there was an
earlier version of this mission plan?
I don

tance rates.

t believe there was.

The reason I ask, sir, is because I
believe you used the term this document or its

predecessor. I was trying to -Subsequent documents; it I S amended
documents after.
m sorry.

Alderson Reporting Company, Inc. 111114th Street , N. W. Suite 400 1- 8oo- FOR- DEPO Washington , DC 20005

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

Document 840-6

Filed 07/07/2004

McLean, VA

Page 19 of 26 9, 2002 April

Page 61

THE WITNESS:

It may have been a

goal.

I mean I was not with the program and had not
seen this document.

May have been a goal, but in terms of
the policy with respect to the contract, I don'

believe that reflects

that.
testimony that you

BY MR. TOMASZCZUK:

And it I S your
you can recall?

haven I t seen this document before today as best

As best I recall, I have not seen this

document.
(There was a pause in the

proceedings.
BY MR. TOMASZCZUK:

Let I S go back

to Brownstein Exhibit

which was the June 1985 mission plan.
And I believe you testified if I

understood it,

Mr. Brownstein, that you used the

waste acceptance schedules in the mission plan
to implement the terms of the contract?
And -MR. BANES:

Obj ection

.

Go ahead.

BY MR. TOMASZCZUK:

I understood that to be your

Alderson Reporting Company, Inc. 111114th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington, DC 20005

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

Document 840-6

Filed 07/07/2004

McLean, VA

Page 20 of 26 9, 2002 April

testimony?
In the mission plan or the mission
plan amendments.

Okay.

And how did you go about doing

that?
Explain to me what you mean by

that.

My responsibilities did not include developing a waste acceptance rate that was done

by other parts of the program, and in order to

complete the things that I was responsible

for,

we needed a waste acceptance rate, and I used
documents available elsewhere in the

program.

Who was responsible for developing the waste acceptance rates reflected on page 26 of
Exhibit 2?
I don' t recall.

As I testified, this

document came out before I was an employee, so I
don I t know who, who was responsible for
I don

that.

t recall who was responsible for

that.
What office within DOE was responsible
for preparing this data, do you know?
OCRWM .

Was there a division or branch within OCRWM that was responsible for preparing the

Alderson Reporting Company, Inc.

111114th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005

'-,..
Case 1:98-cv-00126-JFM Alan Brownstein Document 840-6 Filed 07/07/2004 Page 21 of 26
McLean, VA

April 9, 2002

Page 99

it not?
It does.

MR. BANES:

Obj ection.

Calls for a

legal conclusion.
THE WITNESS:

Okay.

m sorry.

does.

It says that in the

contract.

BY MR. TOMASZCZUK:

Do you have an understanding of what
that term means, planning purposes only?
MR. BANES:

Obj ection

.

Calls for a

legal conclusion.

You can answer.
THE WITNESS:

Okay.

I believe I

do.

I believe I did, and I believe I do, and I tried
to take my beliefs, the department

I s beliefs,

and write them into this document, which is

under, under the entire Chapter One of the

document, so we tried to explain what it

meant,

what its purpose was, what it did, and what it

didn

t do.

BY MR. TOMASZCZUK:

When you say Chapter One of the
document, what were you referring to?

The beginninq on page 1.
25 ~

Is there a particular language that

Alderson Reporting Company, Inc.

111114th Street, N. W. Suite 400 1- 800-FOR-DEPO Washington , DC 20005

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

Document 840-6

Filed 07/07/2004

McLean, VA

Page 22 of 26 9, 2002 April

Page 100

1 ~ explicates
means?

what the term planning purposes

MR. BANES: legal conclusion.

Obj ection

.

Calls for a

You can answer.
THE WITNESS:

I believe the key

sentence in my mind is under Section 1. 1 .
The last, the next to last sentence in
that first paragraph says as specified in the contract, the ACR is for planning purposes only
and thus is not contractually binding on either
the DOE or the purchasers.

So it was a planning document.
BY MR. TOMASZCZUK:

Just -- so it I S a planning
required by the
Yes.
understand your
you under
con tr

document

act?
testimony; were

time

pressure to get this document

out?
The contract, if I recall correctly,

specified I believe both a, a month and a day

and a year for the document I

believe.

If I told you the contract in part
said beginning not later than July 1 , 1987, DOE

Alderson Reporting Company, Inc. 111114th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005

------

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

Document 840-6

Filed 07/07/2004

McLean, VA

Page 23 of 26 9, 2002 April

Page 144

Were those rates consistent with the

let ter

and spirit of the NWPA and the
MR. BANES:

con tr

act?

Obj ection.

Calls for a

legal conclusion, and vague.
THE WITNESS:

The letter and spirit

you I re referring to in that paragraph was

responding to Mr. Kraft I s concern

of his

letter.

His concern was that the department

would fulfill whatever its obligations were

through accepting a single

assembly.

We tried to address that concern in
this paragraph in those words, so -BY MR. TOMASZCZUK:

And as I understand it, acceptance of
one spent fuel rod would not be consistent with
the letter and spirit of the NWPA in the
contract in your mind?

18

I would agree with that

statement.

All right.

A little further down on

this same page, in paragraph, page 2, there is a

reference and a sentence that reads as required
by the contract, these schedules will serve as

the basis for developing contractually binding

Delivery Commitment Schedules in 1991?

Yes.
Alderson Reporting Company, Inc. 111114th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005

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

Document 840-6

Filed 07/07/2004

Page 24 of 26
April 9, 2002

McLean, VA

Page 242

CERTIFICATE OF NOTARY PUBLIC

I, Catherine S. Boyd, the Notary

Public before whom the proceeding

occurred,

pages 1

through 241, 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 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

Alderson Reporting Company, Inc. 111114th Street, N. W. Suite 400 1-800- FOR- DEPO Washington, DC 20005

Case 1:98-cv-00126-JFM

Document 840-6

Filed 07/07/2004

Page 25 of 26

CERTIFICATE OF NOTARY PUBLIC
I, Cather
Pub 1 i c

i ne 5. Boyd,

the Notary

befo re whom the proceed

i ng occu r red,

pages

th rough
duly swo

, do hereby cert i fy that the

wi tness was

rn, that the tes t i mony of
ten t ransc
r i pt

sa i d wi tness was taken by me and thereafter

reduced to th is

typewr it

under my

supervision, that said transcript is a true
record of the testimony given by said

witness,

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

by any of the part i es to th

proceedi ng, and further, that I am not a

relative or an employee of any attorney or

counsel employed by the part i es thereto, or
f i nanc i ally
0 r otherwi se

i nteres ted in

the

outcome of the proceedi ng, or

any act ion

i nvo 1 ved the

rewi th.

Wi tness

my s i gnatu re and

seal:

s: ;J
CATHERINE S. BOYD

Notary Publ ic
My commission
February 28,

in and for
rgi n

The Commonweal th of Vi

ia

expires:
2006

-J

,....-- . ' ,......., """"

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

Document 840-6

Filed 07/07/2004

Page 26 of 26
April 10 ,

2002

McLean , V A
Page 242

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

YANKEE ATOMIC ELECTRIC COMPANY
( 98 - 12
6C) (Me

row, S. J.

CONNECTICUT YANKEE ATOMIC POWER COMPANY

(98- 154C) (Merow, S.
FLORIDA POWER & LIGHT COMPANY
(98-483C) (Wilson, J.

NORTHERN STATES POWER COMPANY

(98- 484C) (Wiese, J.
DUKE POWER, A Division of
DUKE ENERGY CORP.
(98-485C) (Sypolt,

J.

Certified Copy

INDIANA MICHIGAN POWER COMPANY
( 98- 48 6C) (Hodge s , J.

SACRAMENTO MUNICIPAL UTILITY DISTRICT

(98-488C) (Yock, S.
SOUTHERN NUCLEAR OPERATING COMPANY,

et al.
(98-488C) (Yock, S.
COMMONWEALTH EDISON COMPANY
(98-621C) (Hewitt, J.

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

GPU NUCLEAR, INCORPORATED
Alderson Reporting Company, Inc. N, W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005

IIII 14th Street ,