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

Case 1:98-cv-00126-JFM

Document 840-3

Filed 07/07/2004

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EXHIBIT

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Case 1:98-cv-00126-JFM

Document 840-3
u.s. Department

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~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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"'"'

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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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- 6

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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i:~

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- 9

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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- 11 -

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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- 12 -

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 ~\\
Case 1:98-cv-00126-JFM Document 840-3 Filed 07/07/2004 Page 14 of 25

- 13 -

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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- 14 -

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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- 15 -

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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EXHIBIT

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June 13 ,

Case 1:98-cv-00126-JFM
. Robert L.

Document 840-3

Filed 07/07/2004

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 ,

Document 840-3

2002

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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Robert L. Campbell

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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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2002

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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.
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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.
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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 ,

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