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

Case 1:98-cv-00126-JFM

Document 840-11

Filed 07/07/2004

Page 1 of 25

EXHIBIT

--'"

Case 1:98-cv-00126-JFM

Document 840-11

Filed 07/07/2004

Page 2 of 25

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

~ \0

YANKEE ATOMIC ELECTRIC COMPANY;

Case Nos. 98-126C,

CONNECTICUT YANKEE ATOMIC POWER
COMPANY; MAINE YANKEE ATOMIC
POWER COMPANY;

98- 154C, 98- 47 4C,
98-483C, 98-484C,

FLORIDA POWER

98-485C, 98-486C,
98-488C, 98-614C,

LIGHT COMPANY; NORTHERN STATES
POWER COMPANY;

DUKE POWER,

98- 621C, 99- 447C,
00-440C, 00-695C,
00-703C, 01-115C, 01-116C, 01-249C

Di vislon of DUKE ENERGY CORP.

INDIANA MICHIGAN POWER COMPANY;

SACRAMENTO MUNICIPAL UTILITY

(Caption continued on the next

page)

Deposi tion of LAKE H. BARRETT

Washington, D.

C.

Monday, April 22, 2002

9:31 a.
Job No. : 11792-

Pages 1 through 272, Volume

Reported by:

Diane Gomez, RPR

D. REPORTING COMPANY, INC.
1100 Connecticut Avenue, NW . Suite 1150, Washington ,
Fax: 202. 861. 3425
D.

C. 20036 . 202. 861. 3410

. 800. 292. 4789 . Website: ladreporting. com . E-mail:

lisa~ladreporting. com

NATIONWIDE COURT REPORTERS AND VIDEOGRAPHERS

'-'-

Case 1:98-cv-00126-JFM Document 840-11 H. BARRETT, VOLUME3 of 25 DEPOSITION OF LAKE Filed 07/07/2004 Page CONDUCTED ON MONDAY, APRIL 22, 2002

234 !
likely would have read prlor to its issuance, correct?

No.

I wasn t responsible for forecasts of

waste generation.

I can speculate that what they

saying in this last sentence is that by the year 2020

there will be available -- the amount of fuel existing at the reactors in the year 2020 is smaller than the

amount of fuel that was discharged by the year

2015.

What that has to do with anything, I have no

clue.

Does this paragraph indicate that the

acceptance rate would be larger than the discharge

rate?
The acceptance rate should be larger than

the discharge rate under the plans

then.

Under the plans laid out under the draft
mission plan amendment?

Right.
Can I turn your attention to page 56.
MR. CRAWFORD:
MR. CAYNE:

56?

Yes.

Okay.
Mr. Barrett, a moment ago I asked you does

~hiS

paragraph indicate that the acceptance rate would ~

(301) 762-

8282 (202)

D. REPORTING COMPANY, INC.
861-

3410 (800)

292-

4789 (703)

288-0026

Case 1:98-cv-00126-JFM

DEPOSITION OF LAKE H. BARRETT, VOLUME CONDUCTED ON MONDAY, APRIL 22, 2002

Document 840-11

Filed 07/07/2004

Page 4 of 25

235
be larger than the discharge rate, and you answered
the acceptance rate should be larger than the

discharge rate under the plan
that answer?

then.

Do you recall

Yes.

Why did you gl ve

that answer?

Because the acceptance rate would ramp up
in excess of 2 000 tons per year which was the

discharge rate.
Would ramp up to eventually what?

Higher than 2, 000.
So more fuel would be accepted than was

being discharged, correct?
Correct.
I ask you to look at the fourth column on

page 56.

Do you see that?

Yes.
And the take rate for years starting in
2008 is set at

2650.

Do you see that?

Per year until

many years out when it increases to 3, OOO?
MR. CRAWFORD:
MR. CAYNE:

You re on the fourth column?

Spent fuel

shipped.
292-

(301) 762-

8282 (202)

D. REPORTING COMPANY , INC.
861-

3410 (800)

4789 (703)

288- 0026

(~

....

Case

JJLJ V..,J, JV" vr Lf\,,"C n. tlf\KKt:.1 I , V VLUMt. I 1:98-cv-00126-JFM DocumentMONDAY , APRJL 22 ,07/07/2004 Filed 2002 CONDUCTED ON 840-11

Page 5 of 25
68 (Pages 269 to 272)

269

271

ACKNOWLEDGMENT OF DEPONENT I, Lake H. Barrett , do hereby acknowledge that I have read and examined the foregoing testimony, and
the same is a true , correct and complete transcription

ERRATA SHEET
IN RE: YANKEE ATOMIC v. UNITED STATES
RETURN BY:
PAGE
LINE

CORRECTION AND REASON

of the testimony given by me and any corrections appear on the attached Errata s et signed by me.

t::/77/ 6'(DATE)
(SI

//VTURE)

(DATE)

(SIGNA TURE)

270
CERTIFICATE OF SHORTHAND REPORTER. NOTARY PUBLIC
, Diane Gomez. Registered Professional Reporter

272

ERRATA SHE E T CO NT I N U E D
IN RE: YANKEE ATOMIC \' .
RETURN BY:
PAGE
UNITED STATES

the officer before whom the foregoing proceedings were
taken , do hereby certifY that the foregoing transcript
is ,a

LINE

CORRECTION AND REASON

true and correct record of the proceedings; that

said proceedings were taken by me stenographically and
thereafter reduced to typewriting under my

supervision; and that I am neither counsel for
related to , nor employed by any of the parties 10 this
case and have no interest . financial or otherwise . in

its outcome,

IN WITNESS WHEREOF , I have hereunto set my hand

and affixed my notarial seal this 25th day of April
2002.

My commission expires:
June 14

2005

NOTARY PUBLIC IN AND FOR
THE DISTRICT OF COLUMBIA

(DATE)

(SIGNATURE)

LAD. REPORTING COMPANY , INc.
(30 I) 762- 8282~2) 861- 3410 (800) 292-4789 (703) 288- 0026

..,

.,,"..

..---,.,

-,,

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DEPOSITION OF LAKE Case 1:98-cv-00126-JFM Document 840-11 H. BARRETT, VOLUME 1 of 25 Filed 07/07/2004 Page 6
CONDUCTED ON MONDAY, APRIL
22,

2002
271

IN RE:

YANKEE ATOMIC v. UNITED STATES
MAY 2 7

RETURN BY:
PAGE

2002

LINE

CORRECTION AND REASON
t 4 t2 '7 ~

ii!-

y) ~/'e-

C /zr /c1-

(DATE)
n...,-~_.
0""
'0,

(301)

762- 8282 (202)

L. A. D. REPORTING COMPANY ,
861-

3410 (800)

292-

4789 (703)

INC.

288- 0026

--,-......
Case 1:98-cv-00126-JFM Document 840-11

,:'
~'

Filed 07/07/2004

Page 7 of 25

527
IN THE UNITED STATES COURT OF FEDERAL CLAIMS

YANKEE ATOMIC ELECTRIC COMPANY;

Case Nos. 98-126C,

CONNECTICUT YANKEE ATOMIC POWER
COMPANY; MAINE YANKEE ATOMIC
POWER COMPANY;

98- 154C, 98- 47 4C, 98- 483C, 98- 484C, 98- 485C, 98-486C,
98-488C, 98-614C,
98-621C, 99-447C,

FLORIDA POWER

LIGHT COMPANY; NORTHERN STATES
POWER COMPANY;

DUKE POWER,

Di vision of DUKE ENERGY CORP.

00-440C, 00- 695C,

INDIANA MICHIGAN POWER COMPANY;

00- 703C, 01- 115C,
01-116C, 01- 249C

SACRAMENTO MUNICIPAL UTILITY

(Caption continued on the next

page)

Continued Deposition of LAKE H. BARRETT

Washington, D.

C.

Friday, April 26,
8:10 a.
Job No. : 11792-8

2002

Pages 527 through 825, Volume 3

Reported by:

Diane Gomez, RPR

D. REPORTING COMPANY, INC.
Fax: 202. 861. 3425

1100 Connecticut Avenue, NW . Suite 1150, Washington, D. C. 20036 . 202. 861. 3410 . 800. 292. 4789 . Website: ladreporting. com . E-mail: lisa~ladreporting. com

NATIONWIDE COURT REPORTERS AND VIDEOGRAPHERS

Case 1:98-cv-00126-JFM

DEPOSITION OF LAKE H. BARRETT, VOLUME 3 CONDUCTED ON FRIDAY , APRIL 26, 2002

Document 840-11

Filed 07/07/2004

Page 8 of 25

763

adrninistri via such
until that time?

as acceptance priority rankings and

annual capacity reports were, in your opinion , moot

MR. CRAWFORD:

Obj ection , vague.

Obj ection

to the extent it mischaracterizes prior

testimony.

They weren

high
your

my priority.

They weren

They were not on my

priority all? priority, that' fair.

They were not on my priority.
Because until you had a repository plan in

place, in your words it was

moot, correct?
accept

Okay.

Yeah

, I' ll

MR. CAYNE:

that. Yes. Let I S take a five- minute break.

It'

s 3:48.

(There is a recess from the record.

(Deposi tion Exhibit Barrett 39 was marked
for identification and was retained by counsp
18

1,

Mr. Barrett, the court reporter has handed
you a document marked for identification as Exhibit

39, which is the acceptance priority ranking and

annual capacity report issued March 1995, and it bears
Bates numbers -- looks like the last four digits on

(301) 762-

8282 (202)

D. REPORTING COMPANY, INC.
861-

3410 (800)

292-

4789 (703)

288- 0026

Case 1:98-cv-00126-JFM

Document 840-11

Filed 07/07/2004

Page 9 of 25

DEPOSITION OF LAKE H. BARRETT, VOLUME 3 CONDUCTED ON FRIDAY, APRIL 26, 2002

764
the first page are 0676 through 0748.
that document befo
I do.

Do you have

you?

Now, March 1995, this date is subsequent to

the 1994 plan you were referring to a moment

ago,

correct?
Correct.
What was that 1994 plan?

Program plan.
And that program plan did not reflect in
the table the -- the acceptance schedule did not

reflect an MRS facility, correct?

That'

s my recollection.

You can look at it again, sir, if you need

to refresh your

recollection.
You probabl y

Did this have a table in it?

know what the tab~e

is.

1-2.

The program plan.
Mr. Barrett

You re asking about this one?

No.

Strike that.
861-

I asked you I think

(301) 762-

8282 (202)

D. REPORTING COMPANY , INC.

3410 (800) 292-4789 (703)

288- 0026

",

.-/
795

Case 1:98-cv-00126-JFM Document OF LAKE FiledBARRETT, VOLUME 3of 25 DEPOSITION 840-11 H. 07/07/2004 Page 10

CONDUCTED ON FRIDAY, APRIL 26, 2002

I don t want you --

okay.
obj ections

MR. CRAWFORD:

I have the same

to that question.
Then let' s return to Exhibit

39.

In light of the sworn testimony you have

just provided, sir, why did the Department of Energy
choose to use an acceptance rate that reflected
capaci ty limits applicable to and only applicable to

an MRS facility when all the governing plans at that

point in time did not envision the use of any such
facili ty?

MR. CRAWFORD:
I don t know.

Obj ection, foundation.

Can you give any reason sitting here today

to justify why Exhibit 39 contains capacity

limi tations applicable

only in the context of an MRS

facili ty but

no such facility was envisioned at the

time Exhibit 39 was prepared?
MR. CRAWFORD:

Obj ection, foundation, asked

and answered, argumentative.
I don t know.

Can you come up wi th

any, sir?
292-

(301) 762-

8282 (202)

D.

REPORTING COMPANY, INC.
861-

3410 (800)

4789 (703)

288- 0026

Case 1:98-cv-00126-JFM

DEPOSITION OF LAKE H. BARRETT, VOLUME 3 CONDUCTED ON FRIDAY, APRIL 26, 2002

Document 840-11

Filed 07/07/2004

Page 11 of 25

MR. CRAWFORD:

Obj ection, argumentative,

answered.
No.
Did you in your capacity as director or

deputy director of the Office of Civilian Radioactive Waste Management sign off on the acceptance rates

reflected in Exhibit 39, specifically reflected in

Table 1,

page four of Exhibit 39?
I don t recall doing

so.

Do you think you would have?
I don t think

so.

I normally didn t slgn

these lower priority documents like

this.

Did anyone in the Office of Civilian

Radioacti ve Waste Management who might have worked on
Exhibi t 39 consult with you personally concerning the

acceptance rates reflected on page four of Exhibit 39?
I don t recall ever discussing

it.

If not, if you never discussed it, sir, who
would have been the most senior official wi thin your

office, what you refer to as RW, who would have been
the most senior official who would have signed off on
Exhibit 39?

D.

(301) 762-8282 (202)

REPORTING COMPANY , INC.
861-

3410 (800)

292-

4789 (703)

288- 0026

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DEPOSITION OF LAKE Filed 07/07/2004 Page Case 1:98-cv-00126-JFM Document 840-11 H. BARRETT, VOLUME 12 of 25

CONDUCTED ON FRIDAY, APRIL 26, 2002

822
ACKNOWLEDGMENT OF DEPONENT
I, Lake H. Barrett, do hereby acknowledge that I

have read and examined the foregoing testimony, and

the same is a true, correct and complete transcription
of the testimony given by me and any corrections

appear on the attached Errata sheet signed by me.

/Z7 /'1u
(DATE)

(301) 762-

8282 (202)

D. REPORTING COMPANY , INC.
861-

3410 (800)

292-

4789 (703)

288- 0026

DEPOSITION OF LAKE Filed 07/07/2004 Page Case 1:98-cv-00126-JFM Document 840-11 H. BARRETT, VOLUME 13 of 25

CONDUCTED ON FRIDAY, APRIL 26, 2002

824

IN RE:

YANKEE ATOMIC V UNITED STATES
MAY 3 0

RETURN BY:
PAGE

2002

LINE

CORRECTION AND REASON
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292-

4789 (703)

INC.

288- 0026

Case 1:98-cv-00126-JFM

Document 840-11

Filed 07/07/2004

Page 14 of 25

826
IN THE UNITED STATES COURT OF FEDERAL CLAIMS

YANKEE ATOMIC ELECTRIC COMPANY;
CONNECTICUT YANKEE ATOMIC POWER
COMPANY; MAINE YANKEE. ATOMIC
POWER COMPANY;

Case Nos. 98-126C,

98- 154C, 98- 474C,
98-483C, 98-484C, 98-485C, 98-486C, 98-488C, 98- 614C,

FLORI DA POWER &

LIGHT COMPANY; NORTHERN STATES

POWER COMPANY; DUKE POWER, a
Di vision of DUKE ENERGY CORP.

98- 621C, 99- 447C,
00-440C, 00-695C, 00-703C, 01- 115C,

INDIANA MICHIGAN POWER COMPANY;

SACRAMENTO MUNICIPAL UTILITY

01-116C,

01-24 9C

(Caption continued on the next

page)

Deposition of LAKE H. BARRETT, VOLUME

Washington, D. C.
Wedne~day, May 8, 2002

9:31 a.
Job No.

11792-10

Pages: 826 through 1103

Reported by:

Diane Gomez, RPR

~(Q)(F)Y

D. REPORTING COMPANY, INC.
1100 Connecticut Avenue, NW . Suite 1150, Washington, D. C. 20036 . 202. 861. 3410 Fax: 202. 861. 3425 . 800. 292. 4789 . Website: ladreporting. com . E-mail: lisa~ladreporting. com

NATIONWIDE COURT REPORTERS AND VIDEOGRAPHERS

Case 1:98-cv-00126-JFM Document 840-11 Page 15 DEPOSITION OF LAKEFiled 07/07/2004, VOLUME of 25 H. BARRETT

CONDUCTED ON WEDNESDAY , MAY 8, 2002

1050
No.
My question is with respect to this

statement:

When the nuclear waste policy was

enacted,

policy act was enacted, it was envisioned that the
department would have a repository available for

permanent waste disposal in 1998, and the department
entered into contracts with the utility to begin

accepting waste in 1998 on that

basis.

Is that

statement consistent with your understanding?

Yes.
MS. HERRMANN:

Objection.

Foundation

calls for a legal conclusion.

Yes.
On page three could you please turn to the

first paragraph on the top of the

page.

Do you see

that?
Yes.
Why would continued on- site storage of
spent fuel threaten the orderly operation of the

nation

s civilian nuclear reactors?
MS. HERRMANN:

Obj ection.

Foundation.

You can take time to read it if you need

to.
D. REPORTING COMPANY, INC.
(202) 861-3410
(800) 292-

4789 (301) 762- 8282

(703) 288- 0026

Case 1:98-cv-00126-JFM Document 840-11 DEPOSITION OF LAKEFiled 07/07/2004 VOLUME of 25 H. BARRETT, Page 16

CONDUCTED ON WEDNESDAY, MAY 8 , 2002
~"i;,

1064
to the fact that we didn t pick the fuel up, through

storage or whatever, while they were -- operating

utili ties, not

shut down ones -- were still paying

money into the waste

fund.

The ones who were

operating claimed they were paying twice; once to pay

the waste fund and once to do with

storage.

So we

were trying to figure a way to cover some of the
storage costs that would alleviate the utili ties to

have to,

quote, pay twice.
Under the statute the utili ties were

supposed to pay into the waste fund, and at that point
it became the obligation of the Department of Energy

to store and dispose of the spent fuel, correct?
MS. HERRMANN:

Obj ection.

Calls for a

legal conclusion.

Correct?
MS. HERRMANN:

Same obj ection.

Repeat the question again.
The problem of the utili ties having to pay

twice for storage arose because under the Nuclear

Waste Policy Act it was the intention of Congress that
the utili ties pay once into the nuclear waste

fund,

(202) 861-3410

(800) 292-4789 (301)

D. REPORTING COMPANY , INC.
762-8282

(703) 288-0026

......

....

Case 1:98-cv-00126-JFM Document 840-11 DEPOSITION OF LAKEFiled 07/07/2004 VOLUME of 25 H. BARRETT, Page 17

CONDUCTED ON WEDNESDAY , MAY 8, 2002

1065
and the payments into the nuclear waste fund would be

used to pay for the storage and disposal of spent fuel

and the utili ties

would not have to pay again directly

out of their own pockets to provide for such storage
and disposal during the period that the department
failed to comply with its statutory contractual

obligations to pick up the fuel , correct?
MS. HERRMANN:

Obj ection.

Calls for a

legal conclusion , compound.

Yes.

statement

correct?

believe so.
(Deposition Exhibit Barrett 51 was marked
for identification and retained by Counsel.

The court reporter has handed you a

document marked
you have

for identification that before you?
do.
And

Exhibit 51.

document bears Bates numbers HQR-038-0202 through 0204. It I S a letter dated March
1st, 1996, from the director of the Office of

this

(202) 861- 3410

D. REPORTING COMPANY, INC.
(800) 292-

4789 (301) 762-8282

(703) 288- 0026

Case 1:98-cv-00126-JFM

Document 840-11

Filed 07/07/2004

Page 18 of 25

DEPOSITION OF LAKE H. BARRETT, VOLUME 4 CONDUCTED ON WEDNESDAY, MAY 8, 2002

1100
ACKNOWLEDGMENT OF DEPONENT

I, LAKE H. BARRETT , do hereby acknowledge that I

have read and examined the foregoing testimony, and
the same is a true, correct and complete transcription
of the testimony given by me and any corrections

appear on the attached Errata sheet signed by me.

~/2 ~/6
(DATE)

(SIGNATURE)

L. A. D. REPORTING COMPANY ,
(202) 861- 3410

(800) 292-

INC. 4789 (301) 762- 8282

(703) 288- 0026

Case 1:98-cv-00126-JFM Document 840-11 H. BARRETT , VOLUME 19 of 25 DEPOSITION OF LAKE Filed 07/07/2004 Page 4 CONDUCTED QN WEDNESDAY , MAY 8, 2002

1102

IN RE:

YANKEE ATOMIC V UNITED STATES
:' 0

RETURN BY:
PAGE

VVI'i

1 1 :' 2002

.L ~

LINE

CORRECTION AND REASON

71~

(DATE)

(SIGNATURE)

A. D. REPORTING COMPANY ,
(202) 861- 3410
(800) 292-

4789 (301) 762- 8282

INC.
(703) 288- 0026

~". """.

- - - - - - - - - - - - - - Case 1:98-cv-00126-JFM Document 840-11 Filed 07/07/2004 Page 20 of 25
Lake H. Barrett CONTAINS CONFIDENTIAL INFORMATION PURSUANT TO TIIE PROTECTIVE ORDER- VOLUME II May 15, 2002

Washington , D.
Page 242

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

YANKEE ATOMIC ELECTRIC
COMPANY, MAINE YANKEE ATOMIC

CerIItIed Copy
: Case No. 98- 126C,
: 98- 474C,

POWER CO., and CONNECTICUT
YANKEE ATOMIC POWER CO.,

Plaintiffs,
vs.
UNITED STATES OF AMERICA,

98- 154C

: (Senior Judge Merrow)

Defendant.

: VOLUME II

Washington ,

D. C

Wednesday, May 15, 2002
Deposition of LAKE H. BARRETT, a witness herein
called for examination by counsel for Defendant in the above-entitled matter, pursuant to notice, the

witness being previously duly sworn, taken at the
offices of Spriggs & Hollingsworth , 1350 Eye
Street, N. W., Washington, D. C., commencing at 9:05

m., Wednesday, May 15, 2002 , and the proceedings
being taken down by Stenotype by CAPPY HALLOCK,

RPR- CRR , and transcribed under her direction.

CONTAINS CONFIDENTIAL INFORMATION

PURSUANT TO THE PROTECTIVE ORDER
, II

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

Case 1:98-cv-00126-JFM

Document 840-11

Filed 07/07/2004

Page 21 of 25

Lake H. Barrett CONTAINS CONFIDENTIAL INFORMATION PURSUANT TO TIlE PROTECTIVE ORDER- VOLUME II May 15 2002

Washington , D.
Page 339

I don t recall.

I have lots of

meetings with Yankee -- there were quite a few

people included with the Yankees, and I don

remember.
Do you recall telling anyone at Yankee

Atomic, you know, shortly, sometime not long after
this denial letter , that you were receptive to
suggestions on a process for allocation of

priority under the contract which DOE could

follow?
MS. HERRMANN:
I might have.

Objection.

Vague.

Okay.
Do you think -- were you sympathetic to

Yankee s predicament at the time?

In other words,

to its desire to move this spent fuel off of its

site so that it could complete the decommissioning
activities which had been initiated?
MS. HERRMANN:

Objection.

Vague.

Yes.
Why?

I felt that it was in the nation

interests to support utilities like Yankee who

were trying to clean up their sites and return
that real estate to useful societal purpose in

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

"""'"

Case 1:98-cv-00126-JFM

Document 840-11

Filed 07/07/2004

Page 22 of 25

Lake H. Barrett CONTAINS CONFIDENTIAL INFORMATION PURSUANT TO TIIE PROJECTIVE ORDER- VOLUME II May 15 , 2002

Washington , D.
Page 340

that we should try to move the fuel off as quickly as we practically could, consistent with sound

national policies.
Good.

.-J

That I s what

you thought, you

know, in your working life at RW?

Yes. Okay.

But because of these other

factors we have discussed previously, either the
time wasn t right or whatever to actually grant

the priority at that time?
MS. HERRMANN:

Obj ection as to the

characterization.
Even though you were sympathetic to
their predicament? I was sympathetic to their predicament.

Sympathy did not drive the decision to grant

it.

Because of the other factors that we

discussed previously, is that what led you to deny

it?
Correct.
Okay.
MR. STOUCK:

Would you mark this as

Number 101 (sic), please.
(Barrett Deposition Exhibit

No. 1 0 2 was

marked for

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

/..

-/- -/

--Page 402

Case 1:98-cv-00126-JFM Document 840-11 TO TIlE PROTELilVE ORDER- VOLUME23 of 25 2002 Page II May 15. Lake H. Barrett CONTAINS COk _ JENTIAL INFORMATION PURSUANT Filed 07/07/2004 Washington , D.

lookout for that.

(Thereupon, at

1:30 p. m., the taking of

the instant deposition ceased.

of the witness

SUBSCRIBED AND SWORN to before me this
-6

day of

/z 7

02--

/l

!:t
if'/(

:X 1/ I

7 '-

NOT ~Y' PUBLIC
Pat l. Austin
Notary Public District of Columbia My Commission Expires 05 :.!i:.20Q6

My Commission Expires:

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

Case 1:98-cv-00126-JFM Document 840-11 Filed 07/07/2004 ERRt.. A SHEET FOR THE TRANSCRIP1 JF:

Page 24 of 25

Notice Date: May 16 , 2002 Case Name: Yankee Atomic VS. United Case Number: 98- 126C- 9874C Dep. Date: May 15 , 2002 Deponent: Lake Barrett (cont) Washington DC

States

Place:
Ref. No.

4269-4
CORRECTIONS:
Now Reads

Page

Line

Should Read

Reasons Therefore

,lei

JJ3

"1 Z-J,e

Wl;.j
CJI7

JJ)
337

iiI );c,i; J

h~

r/u~ I

~u(1

Signature of Deponent
)11_.

t /zOIDV
Date of Signature

Case 1:98-cv-00126-JFM

Document 840-11

Filed 07/07/2004

Page 25 of 25

EXHIBIT