Case 1:98-cv-00126-JFM
Document 840-3
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EXHIBIT
..,.
Case 1:98-cv-00126-JFM
Document 840-3
u.s. Department
Filed 07/07/2004
Page 2 of 25
~ustice
FWH: DMC: HDLester
154- 98- 126
Telephone:
Ubshinglon. D. C
(202) 307- 6288
20530
March 1, 1999
VIA TELECOPY AND FIRST CLASS MAIL
Jerry Stouck Robert L. Shapiro Spriggs & Hollingsworth
1350 I Street, N.
Ninth Floor Washington, D. C. 20005- 3305
Re:
Yankee Atomic Electric Co. v. United States, No. 98- 126C (Fed. Cl. ) Connecticut Yankee Atomic Power Co. v. United States, No. 98- 154C (Fed. Cl. Maine Yankee Atomic Power Co. v. United States , No. 98- 474C
(Fed. Cl.
Dear Messrs. Stouck and Shapiro:
This letter is in response to your letter dated February 18, 1999, and its accompanying notice of deposition. As I agreed with Mr. Shapiro on February 26 , 1999, we are provi~ing you with this letter in lieu of the Rule 30 (b) (6) deposition , which you had noticed for this morning.
In a letter dated February 26 , 1999, Mr. Shapiro confirmed our agreement that we would provide this letter in lieu of the deposition noticed for today. He also asserted in his letter that we " agreed that if we did need to proceed with the deposition thathave no recollection of any representation or it -would take place by the end of the week of March 1st. 11 I discussion that any deposition would take place "by the end of the week of March 1st. , after reviewing this letter plaintiffs continue to seek a deposition upon the matters identified in the notice of deposition, we are willing to discuss the scope of that deposition and a date for such a deposition with you. However , we made no agreement regarding a specific date for that deposition.
" If
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-2Prior to responding to the information requested in your we note that a Rule 30 (b) (6) deposition is not an appropriate vehicle for the discovery that you seek. First, there is no central record keeping system for all of the information that you seek, particularly with regard to your request for "the nature of (each individual' s) involvement In fact, with and knowledge of the subject matter in question. to respond completely to your requests for information about the 11 nature " of each individual' s "involvement and knowledge of the subject matter in question, " you would presumably have to depose each and every individual identified, as it would be impossible for us to extract all such information regarding each person and provide it either in written form or in a Rule 30 (b) (6)
Rule 30 (b) (6) deposition notice,
deposition.
Further, in light of the documents that have already been produced to you (including the contract files for the plaintiffs in these three cases), the documents that you presumably already have in light of your clients I contemporaneous involvement in the matters at issue in this case, and the access that you will have to the electronic database of documents maintained by the Department of Energy, you should be able to identify the contracting officers assigned to these contracts and the individuals with knowledge of the matters about which you seek information. Further, the documentation produced to you should provide you with adequate means to identify the " nature of (each individual' s) involvement and knowledge" of the identified
Federal Rules of Civil Procedure indicate that the rule was intended to assist parties otherwise unable to identify who Fed. within the organization has knowledge of particular R. Civ. Pro. Rule 30(b) (6), Notes of Advisory Committee on 1970 Amendment. We have identified below the individuals who have knowledge o"o'f" t.be". n parti' cular'fact sll. . that,u you""have- identii i ed . Your request that we go beyond that task and identify " allll facts
topics. The Advisory Committee Notes to Rule 30 (b) (6) of the
facts.
known on every topic identified is beyond any reasonable
interpretation of Rule 30 (b) (6). Given that some of the information that you currently seek is similar in nature to information that you sought in your second set of interrogatories, it also conflicts with the purposes of Rule 33 (c ) of the Rules of the Court of Federal Claims, which allows us to produce business records through which you can obtain the information that you seek.
Without waiving these objections, we have attempted to identify eight or more individuals for the categories that you have identified, with the exception of clearly irrelevant categories of information that are not designed to lead to th& discovery of admissible evidence in the proceedings before the Court of Federal Claims. We specifically object to your request for all information regarding " the nature of (each individual ( involvement with and knowledge of the subject matter in
. .~
, .
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-3under each topic has knowledge of the topic at issue, with the individuals listed in descending order of involvement in the (with the exception of contracting officers who are lis ted aft:er other Federal employees).
question, "
for the reasons set forth above. Each ind i vidual listed
as
' vague, ambiguous, and unduly burdensome, as well as
particular matter
Unless otherwise indicated below, the bu siness address for all listed Federal employees is the Department of Energy, 1000 Independence Avenu~1 S. W., Washington, D. 20585, (202) 586Further, unless otherWise indicated below , the business address for all contractor persdnne'l TRW Environmental Satety Systems, Inc. , 2650 Park Tower Drive, Suite 800 Vienna" Virginia 22180; We are precluded from ~roviding , home addresses for individuals, pursuant to the Privacy Act, S U. C. ~ 55ia (1994).
5000.
C.
QUESTION 1: The identities of the eight (8) PERSONS with the most personal knowledge concerning the schedule (measured in terms of metric tons of uranium or assemblies per year or by some other measure) by which DOE is obligated to remove SPENT FUEL from the site of PLAINTIFFS I reactors pursuant to PLAINTIFFS
Spent Fuel Disposal Contracts.
Federal
Alan Brownstein (1985- 91, Nuclear Industry Specialist, Management & Support Division; 1991- , Supervisory Industry Specialist, Logistics & Utility Interface Branch, 1994 - 95 , Supervisory Industry Specialist Waste Acceptance Division; 1995- present, Supervisory Program
Analyst, Regulatory Integration Division)
Nancy Slater
(1991~95, Industry Specialist, Logistics & Utility Interface Branch; March 1995 to August 1995,
Supervisory Industry Specialist , Waste Acceptance .
Division; August 1995 ' to present, Industry Specialist,
Dave Zabransky (1991-
Regulatory Coordination Division)
Beth Tomasoni ,
, General Engineer , Logistics & Utility Interface Branch; 1995 to 1997 , General Engineer , Waste Acceptance Division; 1997 to present, Industry Specialist, Regulatory Coordination Division)
Contracting Officer
Chris Jedrey, Former Contracting Officer (address unknown) Rich Leotta , Former Contracting Officer
Contractor
Billy Cole, Manager, TESS Waste Acceptance Scott Vance (1988- 93 Research Engineer , Battelle PNL, Waste Management Department; 1993, Consultant CH2MHill; Senior Consul tant, JAr, Inc. , TESS Waste Acceptance)
,..
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-4JAI, Inc., 1210 Virginia Circle, current address Nampa, Idaho 83687 Ed Benz (1979-81, Project Manager, Battelle , Columbus; 1983- 88, Jacobs Engineering (Weston Te~mmate), Waste Package Program Manager; 1988- 91, Jacobs Engineering, Waste Acceptance Task Leader; 1994~96, Jacobs Engineering, Waste Acceptance Task Leader; 1997 to present, JAI, Inc. (TESS Teammate), Senior Consultant,
Waste Acceptance)
QUESTION 2: The identities of the eight (8) PERSONS with the most personal knowledge. concerning the dC(lt~ py which DOg is
obligated to finish removing all of the SP'ENT F:uEL f;rom PLAINTIFFS ' reactors pursuant to PLAINTIFFS' Spent Fuel Disposal
Contracts. Federal
Alan Brownstein Nancy Slater
Dave Zabransky
Beth Tomasoni Chris Jedrey
Rich Leot ta
Contractor
Billy Cole
Scot t
Vance
Ed Benz
: the, ei.,ght (8)_ P~RSO:tfS" with the 3:_ ~he identit~es_ most personal knowledge concerning the effect that the permanently shut down status of P~INTIFFS I reactors has on the
QUES,TI.ON
timing of the removal of SPENT FUEL from the , site of PLAINTIFFS' reactors pursuant to PLAINTIFFS ' Spent Fuel Disposal Contracts.
Federal
Alan Brownstein Nancy Slater Lake Barrett (1985 - 89, Director , Transportation & Waste Systems Division; 1989- 91, Deputy Associate Director for External Relations & Policy; 1993 - 97 , Deputy Director of OCRWM; 1997 to present, Acting Director
OCRWM )
Case 1:98-cv-00126-JFM
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-5Ronald P. Milner (April 1984 to March 19B5 , Supervisory Program Analyst, Operations Division; March 1985 to May 1986, Supervisory General Engineer , Finance & Cost Analysis Division; May 1986 to September 1986, Supervisory General Engineer; Analytical Services Branch; September 1986 to July 1988 , Supervisory General Engineer , Financial Management Analysis Division; July 1988 to June 1991 , Supervisory General Engineer , Program Control Division; June 1991 to January 1995, Associate Director for Office of Storage , and Transportation; January 1995 to May 1997 , Director Office ' ~f Program Management & Transportation; May 1997 to June 1997, Director, Office of Waste Acc~ptance & Transportation; June 1997 to present, Acting Deputy Director, OCRWM)
Dave Zabransky
Beth Tomasoni Chris Jedrey
Rich Leot ta
Contractor
Billy Cole
Scot t
Ed . Benz
Vance
4: The identities of the e:i,ght (8) PERSONS with the QUESTIQ;N most personal knowledge concerning DOE' s role, purs~ant PLAINTIFFS' spent fuel disposal contracts, with respect to agreements - between a PLAINTIFF and any other CONTRACT HOLDER that concern exchanges of approved delivery commitment schedules.
Federal
Alan Brownstein Nancy Slater
Dav~ Zabransky
Ronald P. Milner
Lake ' Barret t
Rich Leotta Contractor
Billy Cole
Scot t
Beth Tomasoni Chris Jedrey
Vance
Pat MacDuffee , Retired Principal Investigator PNL
unknown)
(address
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The identities of the eight (8) PERSONS with the 5: QUESTION most personal knowledge concerning the treatment or handling of Greater Than Class C Waste pursuant to PLAINTIFFS' Spent Fuel
Disposal Contracts.
Federal
Alan Brownstein Nancy Slater
Dave Zabrans ky
Ronald P. Milner Lake Barrett Beth Tomasoni Chris Jedrey
Rich Leotta Contractor
Billy Cole
Scot t
Vance
Pat MacDuffee
6: The identities of the eight (8) PERSONS with the QUESTION most personal knowledge concerning DOE' s interpretation of PLAINTIFFS' obligations under Article IV . A. 2 (a) of PLAINTIFFS' Spent Fuel Disposal Contracts to prepare its SPENT FUEL for transport and/or storage.
Federal
Alan Brownstein Nancy Slater
James Carlson (1983-
and Transportation Division)
Beth Tomasoni Chris Jedrey
, Nuclear Engineer , Office of Systems & Storage Development; 1984- , Supervisory General Engineer, Storage & Engineering Division; 1988Supervisory General Engineer, Program Relations Branch; 1991- , Supervisory General Engineer , Transportation & Logistics Division; 1994, Supervisory General Engineer , System~ Engineering Division; 1997 to present , Supervisory General Engineer, Waste Acceptance
Dwight Shelor, Acting Director, Office of
Transportation and Integration
Acceptance,
Rich Leotta Contractor
Billy Cole
...
.' ...
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- 7
Scot t
Vance
The identities of the eight knowledge concerning the (8) effect of the
Ed Benz
QUESTION most personal 7:
PERSONS with the
which DOE is opligated to remove SPENT FUEL from the site of PLAINTIFFS' reactors.
annual capacity reports issued by DOE and mentioned in Article IV . B. 5 (b) of . PLAINTIFFS' Spent Fuel Disposal Contracts on the schedule by,
Federal
Alan Brownstein
:Nancy Slater Dave Zabransky
Rich Leotta Contractor
Billy Cole
Scot t
Beth Tomasoni Chris Jedrey
Vance
The identities of the eight (8) PERSONS with the
Ed Benz
QUESTION 8:
mos t personal knowledge concerning DOE'
and/or objectives,
s plans, proj ec tions
of June 30, 1983, with respect to the annual acceptance rate of SPENT FUEL at the DOE facility(ies) to which PLAINTIFFS' SPENT FUEL would be removed pursuant to
PLAINTIFFS' Spent Fuel D~sposal
Contracts.
(no current
Federal
Robert L. Morgan , Former Acting Director , OCRWM
address)
Michael J. Lawrence , Former Acting Deputy Director , OCRWM (no current address) Robert Rosselli , Former Acting Associate Director, OCRWM Management Development (no current address) Robert Bauer, Former Associate Dj,rector , OCRWM Storage and
J. William Bennett, Former Acting Associate Director, OCRWM Geologic Repository Deployment (no current address)
Systems (no
current address)
Contractor
Daryl Newman , PNL Principal Investigator
address)
(no current
.~~
Case 1:98-cv-00126-JFM Document 840-3 Filed 07/07/2004 Page 9 of 25
-8Bob McKee, Retired Principal Investigator PNL
address)
(no current
Billy Cole
The identities of the eight (8) PERSONS with the 9: QUESTION most personal knowledge conce;-ning the creation of or amendments DOE I to s plans, projectiqns and/or objectives with respect to the FUEL at the DOE facility(iesr: annual acceptance rate of SPENT I SPENT . FUEL would be removed pursuant to which PLAINTIFFS
PLAINTIFFS I Spent
Fuel Disposal Contracts.
Federal
Jeff Williams, Director , Office of Acceptance,
Transportation and Integration 1 s Systems Engineering
and International Division
James Carlson
Nevada
Stephen Brocum, Acting Director for Licensing and Regulatory Integration, YMSCO , 1551 Hillshire Drive, Las Vegas,
Roger Hilley, title and address not currently available Christopher Kouts, Former Director Storage and Engineering Technology Division
89134
Contractor
Billy Coles
Scot t
Vance
Pat MacDuffee
QUESTION 10: The identities of the eight (8) PERSONS with the most.,:.persenal" knowledge ' e~nc.ernil'lg,,"the. , crea, :ion~' o'E".or..",amendments. to the annual acceptance priority rankings issued by DOE and mentioned in Article IV. B. 5 (a) of PLAINTIFFS I Spent Fuel Disposal
Con trac
ts .
Federal'
Nancy Slater Thomas Pollog (1988- 90, Nuclear Engineer , Office of System & Storage Development; 1990, Nuclear Engineer, Integration Branch; 1991- , Nuclear Engineer Logistics & Utility Interface Branch; 1992 :95, detailed to IAEA; January 1995 to September 1995, Nuclear Engineer , Logistics & Utility Interface Branch; September 1995 to February 1997, Nuclear Engineer, Engineering Division; February 1997 to present, Nuclear Engineer , Waste Acceptance and Transportation Division) Alan Brownstein
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Robert P. Milner James Carlson
Beth Tomasoni Chris Jedrey
Rich Leotta Contractor
Billy Cole
Scot t
Vance
Ronald MacDonald, Principal Investigator, TESS
address)
(no current
of (8) PERSONS with the most personal knowledge concerning the effect of the annual acceptance priority rankings issued by DOE and mentioned in The identities
QUESTION 11:
the eight
Article
the the si te
IV.
B. 5
(a) of PLAINTIFFS
schedule by of
Fuel Disposal Contract on which DOE is obligated to remove SPENT FUEL from
I Spent
PLAINTIFFS I reactors.
Federal
Alan Brownstein Nancy Slater Thomas Pollog
Dave Zabransky
Rich Leot ta
Beth Tomasohi Chris Jedrey
Contractor
Billy Cole
Scot t
Vance
Ronald MacDonald
QUESTION 12: The identities of the eight (8) PERSONS with the
I S rights and obligations, I Spent Fuel Disposal Contracts, with pursuant to PLAINTIFFS respect to the approval or disapproval of delivery commitment most personal knowledge concerning DOE schedules furnished by PLAINTIFFS pursuant to Article V. B 1.
PLAINTIFFS I Spent Fuel
Disposal Contracts.
Federal
Alan Brownstein Nancy Slater
James Carlson
Beth Tomasoni
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/2)
- 10 -
Chris Jedrey
Rich Leotta Contractor
Billy Cole
Scot t
Vance
Doug Williamson, TESS Scientific Consultant
The identities of the eight (8) PERSONS with the mos t personal knowledge concerning the factual grounds upon which you base your denial of paragraph 16 of Yankee Atomic I
QUESTION 13:
Complaint.
Federal
Daniel A. Dreyfus, Former Director, OCRWM, current addrf=ss: Smithsonian Institute, Washington, D. John Bartlett , Former Director, OCRWM (no current address) Ben Rusche, Former Director , OCRWM (no current address) Lake Barrett Frank Peters, Former Acting Director, OCRWM
Contractor
Robert Strickler , Former General Manager, TESS Robbie Robertson, Former General Manager, TESS Colin Heath, Assistant General Manager , TESS
QUESTION 14:
mos t
personal
Federal
you. bas,e, your
The identities of the eight (8) PERSONS with the knowledge concerning the factual grounds upon which denial of,;parag.raph17" f,. .Yankee; , Atomic, ' s
Complaint.
Alan Brownstein Nancy Slater Thomas Pollog
Dave Zabransky
Rich Leotta
Beth Tomasoni Chris Jedrey
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The identities of the eight (8) PERSONS with the most personal knowledge concerning the factual grounds upon which you base your denial of paragraph 23 of Yankee Atomic I s
QUESTION 15:
Complaint.
Federal
Dave Zabransky
James Carlson
Thomas Pol log
Ronald P. Milner Beth Tomasoni
Contractor
Billy Cole
Scot t
Vance
Ed Benz
QUESTION 16: The identities of the eight (8) PERSONS with the most personal knowledge concerning the fac tual grounds upon which you base your denial of paragraph 24 of Yankee Atomic I s
Complaint.
Federal
Dave Zabransky
James Carlson
Thomas Pol log
Ronald P. Milner Beth Tomasoni
Contractor
Billy Cole
Scot t
Vance
The identities of the eight (8) PERSONS with the
Ed Benz
QUESTION 17:
most personal knowledge concerning the factual grounds upon which
you base your denial of paragraph 25 of Yankee Atomic'
Complaint.
Federal
James Carlson
Dave Zabransky
Thomas Pollog Ronald P. Milner
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Beth Tomasoni
Contractor
Billy Cole
Scot t
Vance
Ed Benz
The identities of the eight (8) PERSONS with the most personal knowledge concerning the factual grounds, upon which you base your denial of paragraph 27 of Yankee Atomic I s
QUESTION 18:
Complaint.
Federal
Dave Zabransky
James Carlson
Thomas pollog Ronald P. Milner Beth Tomasoni
Contractor
Billy Cole
Scot t
Vance
Ed Benz
The identities of the eight (8) PERSONS with the , mos t personal knowledge concerning the factual grounds upon which you base your denial of paragraph 39 of Yankee Atomic I s
QUESTION 19:
Complaint.
Federal
Dave Zabransky
James Carlson Thomas Pollog Ronald P. Milner Beth Tomasoni
Contractor
Billy Cole
Scot t
Vance
Ed Benz
:::.j ~\\
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QUESTION 20: The identities of the eight (8) PERSONS with the most personal knowledge concerning the factual grounds upon which you base the contention in paragraph 21 of your Answer to Yankee Atomic I s Complaint that " plaintiff would have been reqUired to incur substantially all of its claimed additional costs even had the Department of Energy commenced disposal operations in 1998.
Federal
Dave Zabransky
James Carlson
Thomas Pollog Ronald P. Milner Beth Tomasoni
Contractor
Billy Cole
Scot t
Vance
Ed Benz
PERSONS with the most personal knowledge concerning the extent and manner of the government I s current storage of SPENT FUEL originating from commercial nuclear power reactors.
QUESTION 21:
The identities of the , eight (8)
For the same reasons specified in response to Interrogatory No. 46 of plaintiff' s second set of interrogatories, we obj ect to this request.
QUESTION 22:
or wi thin
most personal knowledge concerning movements .
the
with the of SPENT FUEL into United States ~y or on behalf of the United States
The identit
ies of the eight (8). PERSONS
since January 1, 1990.
For the same reasons specified in response to Interrogatory No. 47 of plaintiff' s second set of interrogatories, we obj ect to this , request.
QUESTION 23: The identities of the eight (8) PERSONS with the most personal knowledge concerning places in the Uni~ed States in which SPENT FUEL has been stored since January 1, 1983 at a site other than at a commercial nuclear power reactor.
For the same reasons specified in response to Interrogatory No. 48 of plaintiff' S second set of interrogatories, we obj ect to this request.
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QUESTION 24: The identities of the eight (8) PERSONS with the
most personal knowledge concerning DOE. s rights and obligations, pursuant to PLAINTIFFS I Spent Fuel Disposal Contracts, with respect to the timely provision of casks necessary for the removal of SPENT FUEL from the site of PLAINTIFFS I . reactors.
Federal
William Lemeshewsky, Team Leader for Transportation within
James Carlson
Dwight Shelor Beth Tomasoni Chris Jedrey
the Office Iof Waste Acceptance Acceptance, Transportation and Integration s and Transportation Di vision
Rich Leotta Contractor
Billy Cole Ed Benz Bill Teer, Senior Transportation Consultant, TESS
QUESTION 25: The identities of the eight (8) PERSONS with the
most personal knowledge concerning DOE' s physical capability to transport SPENT FUEL from PLAINTIFFS
I reactors.
We object to this' request as irrelevant and not reasonably calculated to lead to the discovery of admissible evidence.
e.i:ght ' ('8" PERSONS ' with the most personal knowledge concerning DOE I s physical capability to
QUESTION: :26'
The: identi'pcj:es"' of"'the"
store SPENT FUEL removed from PLAINTIFFS I reactors.
We obj ect to this request as irrelevant and not reasonably
calculated to lead to the discovery of admissible
evidence.
QUESTION 27: The identities of the eight (8) PERSONS with the most personal knowledge concerning any effort undertaken by or on behalf of DOE to examine the manner in which DOE would remove SPENT FUEL from PLAINTIFFS I reactors.
Federal
James Carlson
Lake Barrett Ed Wilmont , title and address not currently available Thomas Pollog
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Jim Osborne, General Engineer, Engineering Division, 1551 Hillshire Drive, Las Vegas" Nevada 89134
Contractor
Bill Teer Nigel Mote, NAS, address not known Ron Kelly, Former TESS , address not known
. We are currently attempting to locate additional information about the employment histories of some of the individuals listed above and will supplement this letter with that information at a Otherwise, we presume that this information more than adequately responds to your requests for Additional information may be found in the documents that we have produced to you and in the electronic database to be made
later date.
information.
available to you.
trUlY ~UrS, /
JY
ffiA~r;( r?
.i) f;:
~ /l
HAROLD D. LESTER, JR. Assistant Director Commercial Litigation Branch Civil Division
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June 13 ,
Case 1:98-cv-00126-JFM
. Robert L.
Document 840-3
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Campbell
2002
Washington, D.
Page I
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
YANKEE ATOMIC ELECTRIC COMPANY , CONNECTICUT YANKEE ATOMIC POWER COMPANY, MAINE YANKEE ATOMIC POWER COMPANY,
Ctk,~'1l u
~f1'"')\-rfl.~n~n
Utlti~~
cJ~
CASE NO.
vs.
Plaintiffs,
98- 474C
98- 126C 98- 154C
UNITED STATES OF AMERICA,
Defendant.
Washington ,
D. C.
Thursday, June 13, 2002
Deposition of ROBERT ALLEN CAMPBELL
a witness, called for examination by counsel for
Plaintiffs in the above- entitled matter , pursuant
to notice, the witness being duly sworn , taken at the offices of Spriggs & Hollingsworth , 1350 I
Street , N. W., Suite 1010, Washington , D. a. m, on Thursday, June 13, 2002, and the
L. SEBO, and transcribed under her
, at 9:32
proceedings being taken down by Stenotype by CINDY
direction.
IIII 14th Street ,
Alderson Reporting Company, Inc. N. W. Suite 400 1- 800- FOR-DEPO Washington , DC 20005
-Case 1:98-cv-00126-JFM
Robert L. Campbell
Washington , D.
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June 13, 2002
Page
and C which can go to commercial low- level waste
disposal sites.
Class C has an upper limit, and it'
s --
it I S in
two tables in the regulation, and if you
exceed that
limit, it I s then
did not
Greater- Than- Class C.
And if I understand correctly, your work
with the Navy
Yes.
involve
GTCC
that correct?
Yes.
did not work
with
Greater- Than- Class
C in the Navy.
Thank you.
And then in
1992, you joined
the Department of Energy?
Yes.
What was your position with the
Department of Energy at that time?
I was a nuclear engineer program manager.
And what was the program you were
managing?
Well, basically everyone is called a
program manager.
So I was dealing with what'
called off-site waste, which was anything -- any
materials or waste that was outside the Department of Energy complex, maybe on loan to a university or
to a private company, that needed to come
back, I
Alderson Reporting Company, Inc.
I I 1 1 14th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington ,
DC 20005
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Robert L. Campbell
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June 13 ,
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Washington , D.
worked on.
And I also worked on the acceptance of
C sealed sources.
Greater- Than- Class
And what branch of the Department of
Energy did you begin work at as a program manager
in
'92 ?
The Office of Environmental Management.
And what EM number is that, that office?
They' ve reorganized a couple times.
was EM32 then.
Okay.
And what was the title of that
branch of the office?
It was
that was the Office of Waste
Operations.
And, in general, what were the areas of
responsibility of EM32
the Office of Waste
Operations?
That office was responsible for any waste
management activities at all DOE
sites.
So, organizationally, your -- I guess you
would call it an office
EM32 is called an
office?
Yes.
So the EM32 office underneath it had
different programs?
Yes.
There were three different
Alderson Reporting Company, Inc.
1111
14th Street, N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005
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2002
Washington, D.
Page 23
there was a transition from taking sealed sources
to the nearest DOE site to centralizing the storage
out of Los Alamos?
MS. HERRMANN
Obj ection, foundation
speculation.
THE WITNESS:
When we started, we didn
We didn' t know the scope
have a program in place.
of the program or how many requests we were going
to get from the NRC.
As we began to respond to
more requests, it was obvious that this trend was
going to continue and that we needed a more
more routine ability to accept
--a
sources.
And so the decision was made to
pick a single site that had experience in this area
and use a single location.
BY MR. SKALABAN:
How many sealed sources
- - I'
m not
limiting my question to just 1992 -- from 1992
forward to the present, how many sealed sources
have been moved from the original site to a DOE
site?
From 1992 forward, over 3,
000.
And how large are the sealed sources
mean, what' s the fit
what ( s the average kind of
physical characteristics of a sealed source?
What
Alderson Reporting Company, Inc.
1111 14th Street, N. W. Suite 400 1- 800- FOR- DEPO Washington, DC 20005
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Robert L. Campbell
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does it look like?
What' s its size?
Objection, vague.
MS. HERRMANN
THE WITNESS:
There ( s a wide variety.
Some are
come out of gauges and portable
equipment and they'
re very small, maybe an inch
high or even smaller, you know , maybe the size of a
pencil eraser, up to - a 12- ounce
the sources are the size of
soda can.
They' re basically radioactive material
encompassed in metal , usually double encased with
welds, and, typically one of the layers is
stainless steel.
BY MR. SKALABAN
How are they
- - what'
s the mode of
transportation that I s used to
Commercial carrier. Is that truck?
take the sealed
sources from a site to a DOE facility for storage?
Typically.
Do you know if there' s been
transportation of GTCC sealed sources other than by
truck?
It is
- - no, I
don
I t know.
It'
s possible
that they could go by
rail.
But in most cases, we
have the owner of the source arrange for the
Alderson Reporting Company, Inc.
IIII
14th Street , N. W, Suite 400 1- 800- FOR- DEPO Washington , DC 20005
Case 1:98-cv-00126-JFM
Robert L. Campbell
Document 840-3
Filed 07/07/2004
Page 23 of 25
June 13 ,
2002
Washington , Do
Page 25
shipment to us.
In the cases where we do the
shipment, it goes by truck, commercial carrier.
And with approximate -- I realize it'
approximately - -
approximately 3, 000 sealed sources
that have been moved, would that be 3,
000 separate
shipments have been made or would that be
- - what'
the number of shipments that have been made of
sealed sources?
It would not be 3, 000 individual
shipments.
Some of the shipments have been 200
Some have been one.
sources in a drum.
It'
probably been more than a
thousand, probably less
than 2, 000,
but I don't have -- I don't know the
exact answer.
Have there been any problems that you I re
aware of in the approximately 1,
000 to 2, 000
shipments of GTCC sealed sources?
MS. HERRMANN
Objection, vague as to
problems.
THE WITNESS:
m not aware of
any.
BY MR. SKALABAN:
Have there been any planned shipments of
GTCC sealed sources that have been stopped because
of a transportation issue?
MS. HERRMANN
Objection, vague.
Alderson Reporting Company, Inc.
1111 14th Street, No W. Suite 400 l- 800- FOR- DEPO Washington , DC 20005
, ,
Case 1:98-cv-00126-JFM
Robert L. Campbell
Document 840-3
Washington, D.
Filed 07/07/2004
Page 24 of 25
June 13 ,
2002
Page 27
a shipment of GTCCs in sealed sources?
MS. HERRMANN
Objection, vague.
Not that 11 m
THE WITNESS:
BY MR. SKALABAN
aware of.
In 1992, you testified you began work at
EM32 under Mr. Harmon.
How long did you work in
that position as a program manager?
I I m still a program manager.
Basically
the same job, but I have more responsibilities now.
But I continue to do that. Okay. Well, did your responsibilities -have your responsibilities changed over time?
What I s
the - -
can you let me know when the
starting in 1992 when you were program manager, one
of your responsibilities was for GTCC sealed
sources.
What has been the next substantial change
in any of your responsibilities?
When did that
occur?
I received a paygrade promotion in 1994,
and I took on additional responsibilities dealing with DOE waste management and interfacing with the
Department of the Navy s Office of Naval Reactors.
And, in general , what did
- - your duties
and responsibilities, what were they in connection
Alderson Reporting Company, Inc.
1111
14th Street, N. W. Suite 400 1- 800-FOR- DEPO Washington, DC 20005
Case 1:98-cv-00126-JFM
Robert L. Campbell
Document 840-3
Filed 07/07/2004
Page 25 of 25
June 13 ,
2002
Washington, D.
Page 30
interfacing with the Navy and your prior
responsibilities which included GTCC sealed
sources?
Nothing significant.
I mean, we'
always assigned short- term
Okay.
projects, but I don't
believe I had a major change in
duties.
And during this period of 192 to
195, outside of GTCC sealed sources, who was
responsible -- who had responsibility for GTCC for
other - -
other types of GTCC waste?
MS. HERRMANN:
THE WITNESS:
Obj ection, foundation.
Terry Plummer.
BY MR. SKALABAN:
Was there a name of Mr. Plummer' s office
that you recall?
I don
I t remember.
He was effectively in
the same organization he was before, but I don'
remember what they were
didn't last a long
called. That organization time. I don I t remember.
Now, in the ' 95 reorganization, you were
still an EM32?
No, I was now an EM35, I believe.
Okay.
Okay.
How about in 1995
forward,
when was the next time you took on a new duty or
responsibili ty or
actually, let me rephrase
Alderson Reporting Company, Inc.
1111
14th Street ,
No W. Suite 400 1- 800-FOR- DEPO
Washington , DC 20005