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

Case 1:98-cv-00126-JFM

Document 833-3

Filed 06/28/2004

Page 1 of 15

EXHIBIT

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Case 1:98-cv-00126-JFM

Susan Klein
Page 1

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

YANKEE ATOMIC ELECTRIC COMPANY
(98- 126C)
(Mer ow, S.

CONNECTICUT YANKEE ATOMIC POWER COMPANY

(98- 154C)

(Merow, S.

MAINE YANKEE ATOMIC POWER COMPANY

(98- 474C)
(98- 483C)

(Merow, S.

FLORIDA POWER & LIGHT COMPANY
(Wilson, J.
(Wiese, J.

NORTHERN STATES POWER COMPANY

(98- 484C)
(98- 486C) (98- 488C) (98- 614C)

DUKE POWER, a Division of DUKE ENERGY CORP.

(98- 485C)(Sypolt, J.
(Hodges, J.
(Yock, S.

INDIANA MICHIGAN POWER COMPANY

SACRAMENTO MUNICIPAL UTILITY DISTRICT

SOUTHERN NUCLEAR OPERATING COMPANY, et
(Merow, S.

ale

COMMONWEALTH EDISON COMPANY
( 9 8 - 6 2 1 C) (H ew

it t, J.

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

(00- 440C)(Bush, J.
WISCONSIN ELECTRIC POWER COMPANY
: VOLUME

(00- 697C)
(00- 703C)

(Merow, S.

POWER AUTHORITY OF THE STATE OF NEW YORK
(Damich, J.

OMAHA PUBLIC POWER DISTRICT

(01- 115C)(Bush, J.
NEBRASKA PUBLIC POWER DISTRICT

(01- 116C)(Sypolt, J.
(OI- 249C)

Discovery
: Judge: : (Judge : Sypol t )
: PAGES

TENNESSEE VALLEY AUTHORITY
(Bruggink, J.

Plalntiffs,

:.;f:f

:1 - 274

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Case 1:98-cv-00126-JFM

Susan Klein

Page 2

THE UNITED STATES,

Defendant.

Deposition of Susan Klein
Washington, DC

Wednesday, April 24, 2002

Denise Dobner Vickery, RMR, CRR Reported by: 144539 JOB NO.
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Susan Klein
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Ms. Klein, are you aware that there I s a
protective order in the spent nuclear fuel

cases?
going

I think there is, yes.

All right.

What I I m going

to do is I I m

to hand you a copy of the protective order and

I I d like

you to take a minute to look at

it.

Okay.
MR. HIRSCH:

Mark that as Exhibit

(Thereupon ,

the reporter marked for

identification Deposition Exhibit No.
THE WITNESS:

(Pause) .

fully understand it at this

point,

Okay. I don but I I ve read

'

through it.
BY MR. HIRSCH:

Okay.

Would you generally agree to abide by

the terms in the protective order, Ms. Klein?
If something is labeled
will keep it confidential.

confidential, yes, I

Okay.

That I s fine. Ms. Klein, I I ve handed you what I s been marked

All right.

as Klein Depos

i tion Exhibit 1 or I I m handing

you that

document, which is the notice of deposition that was
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Susan Klein
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issued on April 18th for today s Rule 30(b)(6)

deposition.
those topics?

And if you look on the exhibit
Tha t ' s page

page,

you ll see four topics.

You see

Yes, I see those

topics.

And you understand you re supposed to be the

Rule 30(b)

(6) designated Department of Energy witness

for these four topics?

Yes.
What' s your current position, Ms. Klein?
m a senior policy adviser to the Director and Deputy Director of the Office of Civilian

Radioactive Waste Management at the Department of

Energy.
And how long have you been the senior policy

adviser?

For about three years.
So, since about 1999?

Yes.

I was trans ferred there but detailed

back to general counsel for a couple
;) 1

years.

When was your detail back to General Counsel'

Office?
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Susan Klein
Page 12

I think it was

' 97 that

I was transferred to

RW, but I was detailed back to general counsel to work
with the general counsel at the time on any legal
issues and then later on it was limited to issues

involving this

litigation.
ll get back to that in a

Okay.

second.

But who do you report to as the senior policy adviser?
Lake Barrett.

Ron Milner and Lake

Barrett.

And Mr. Barrett' s current title

is?

Deputy Director of the Office of Civilian
Radioactive Waste Management.

And Mr. Milner'

s title is?

He' s the COO, the Chief Operating Officer of the Office of Civilian Radioactive Waste Management at
15

16

DOE.

And is the Office of Civilian Radioactive

Waste Management otherwise known by its acronym as
OCRWM?

OCRWM, yes, and actuallr with regard to

Ron, I

think now I just report to Lake.

I was reporting to

Ron when he was also Acting Deputy, but now that

Margaret is here, to just correct the
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record.

I don

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Susan Klein
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you can answer to your personal
BY MR. HIRSCH:

knowledge.

And what was the acceptance rate in the 1995
ACR report from the DOE?
MS. POWELL:

Same objection.

You can

answer.
THE WITNESS:

Okay.

400 the first

year,

600 the second year, 900 the third year, and then

steady state 900, and that was just through the first
10 years of operation.
BY MR. HIRSCH:
So when the utili ties started submitting DCS

forms, they were relying on whether they had an

allocation in what was then I guess the 1991 ACR; is
that correct?
MS. POWELL:

Obj ection, beyond the

scope.

You can answer.
THE WITNESS:

Yes, I think.

Yeah.

BY MR. HIRSCH:

20 ~

And I take it from your -- strike that?

Referring to the 1995 ACR rates that you just

22 . recited, I take it from your earlier testimony that the
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Susan Klein

Page 62
D OE is not planning on using those rates in terms of

when it starts accepting spent

nuclear fuel?

No.

Well, once there I s an operational
I don t know if

repository, we are planning to use the larger rates

that were -- that I have mentioned.

we' ll be accepting it outside of a
yet to

repository.

That'

be.

It depends upon your definition of accept

guess.
Do you know when the last time the DOE used

the acceptance rates in the 1995 ACR for planning

purposes?
MS. POWELL:

Object to beyond the

scope.

You can answer to your personal
THE WITNESS:

knowledge.

No, I don

BY MR. HIRSCH:
I -I don' t know.

Let me say, I don t think this one is beyond
the scope because I think it relate to the acceptance
rate question.

Well , I take it from your answer that the DOE
is not currently planning on using the acceptance rates
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There s a statement there

that:

The NWPA by

its terms contemplated that the entire process of

siting, licensing, and constructing a repository would

have been completed more than four years ago, by
January 31 , 1998.
I do.

You see that statement?

Do you agree that the Nuclear Waste policy Act

contemplated that process of siting, licensing, and
constructing a repository would have been completed by

January 1998?
MS. POWELL:

I object, beyond the scope

and to the extent it calls for a legal
You can answer.
THE WITNESS:

conclusion.
Yes.

m thinking.

BY MR. HIRSCH:

Ms. Klein, will you look at page 40 -- excuse

me -- 19 in the back.

19?

Right.

Last paragraph, first sentence

says:

This is not an insignificant
wait a minute.
m sorry.
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point" --

Where are you?

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All right.
general.

Now, let me just ask you in

Is one of the purposes of the total system

life cycle cost reports to determine the total cost of
the Nuclear Waste Disposal Program?
MS. POWELL:

Obj ection.

THE WITNESS:

Yeah.
Beyond the

MS. POWELL:
THE WITNESS:
MS. POWELL:

scope, but -answer.

Yes.
-- you can

BY MR. HIRSCH:

And is one of the reasons that that' s done to

make a determination whether the fees that are being
charged to the utili ties are sufficient?

I think that'

s -Same objection.

MS. POWELL: THE WITNESS:

Go ahead.

I think that' s required by

th& statute that we do that, yes.
MR. HIRSCH:

All right.

Now,

going back

the bullet

points

page
Uh- huh.

Exhibit 16.

Does

this

show a cons truction phase for the
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Susan Klein

Page 231

BY MR. HIRSCH:

will you look at page 10 of the report or the
testimony, Klein Depos

i tion Exhibit 20.

Do you see at

the very top of that page there' s a statement in

there:

In its August 2001 report on alternative means for

financing and managing the program, DOE stated that unless the program s funding is increased, the budget
might become the
determining factor' whether DOE will

be able to accept wastes in 2010.

Were you aware or are you

aware, Ms. Klein,
scope,

that the DOE has taken that position?
MS. POWELL:

Obj ect to beyond the

but you can

answer.
THE WITNESS:

I worked on that report and

I remember emphasizing how important the budget

is.

don' t remember if we said it was the determining factor
or not, but yes, the budget is a big issue.
BY MR. HIRSCH:

And is it correct that it' s a big issue

because

if the DOE doesn' t get enough money, it can'

21 open the

repository in 2010?

That'

s true.

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Susan Klein

Page 239
Yeah, I would -- well, it hasn' t been

discussed that I know of that, I' ve known about in a

long time.

The 2007 has not been discus sed,

no.

And does the fact that it' s not been discussed

reflect that it'
No~

s not under consideration?

The new director is looking at all

possibilities, and she' s talking ~~ people about

accelerating.
Are you aware of any current proposal of the

DOE to begin accepting spent nuclear fuel before
Repeat that.

2010?

Do you have obj ection in?

Repeat the beginning of

Let me restate

it. it.

m sorry.

Are you aware of any

proposal by the DOE to begin accepting fuel
earlier than 2010?

No.
Going back to the question I guess I asked you
a little earlier.

Is there a DOE document that you

seen that reflects a range of acceptance dates starting
in 2010 and including -- or strike that?

Have you reviewed a document at DOE which

reflects this range to start removing spent nuclear
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Page 246
MS. POWELL:

m just going to note for

the record that we offered

Mr. Pol log

on I think --

think that you re talking about this topic, but you can

answer.
THE WITNESS:
I don' t remember.

I wasn

told about the backlog.

I was informed that it was

based on 3, 000 was at the time the average utility

discharge rate.
BY MR. HIRSCH:

So...

It was your understanding that the -I don' t know about the backlog issue at

all.

All right.
About that that accounted for a

backlog.

Is it your understanding that the 3, 000 rate

would keep up with the utility discharge rate?

Yes.

that correct?
Uh- huh.
And

then

guess you mentioned the other
m sorry.

reason or rationale.

What was the second

rationale?
70, 000 metr ic tons, which is how much
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authorized to put in the first repository, divided by

the life of the repository, which is 25 years.

Gives you about 3, 000
Uh- huh.

metric tons a year?

Given both of those reasons, are you aware of
any reason why the DOE would run the repository at

Yucca Mountain at a rate
MS. POWELL:

less than 3, 000

metric tons?

Obj ect to beyond the

scope,

but you can

answer.
THE WITNESS:

I understand there are lots

of ramp-up

issues.

There'

s transportation issues.
Casks.
I mean,

There' s utility interface issues.

that could af feet
But I know there

it, but that was our planning and

what we d like to do is be able to
1 s

do. that at 3, 000.

lots of things that need to be

worked out.
BY MR. HIRSCH:

Well, assuming that all the ramp-up issues are

resolved including transportation?
Uh- huh.
Are you aware of any reason why the DOE
operate the facility at a 3, 000 metric ton
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No, I' m not.
-- over the life of the facility?

No, I'

m not aware of any reason we would not

All right.
little earlier.

You got or we saw this maybe a

In order to

ope!! ~y 2010, does the

DOE need to essentially build a rail line from the
existing rail line in Nevada to the repository?
MS. POWELL:

Obj ection, beyond the

scope,

but you can

answer.
THE WITNESS:

That'

s one of the

possibilities is building a rail

line.

The other is

to have -- I know one of the counties wanted to have
some sort of system through
Lincoln County, Nevada.

there.

I think it'
t made the

To have a transportation truck

centrally located site.
decision yet.
al ternative,

So we haven

Mostly rail is our preferred
but we haven' t decided the routes and the

methods.
BY MR. HIRSCH:

So, well, is there -- is it correct that
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