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

Case 1:98-cv-00126-JFM

Document 833-12

Filed 06/28/2004

Page 1 of 21

EXHIBIT

~:~ ,, "'"

-Case 1:98-cv-00126-JFM

---Document 833-12

---Filed 06/28/2004 Page 2 of 21
May 1 , 2002

Ronald A. Milner

Vol I McLean , VA

Page 1

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
- -x

YANKEE ATOMIC ELECTRIC COMPANY

(98- 126C)

(Merow ,

S .

CONNECTICUT YANKEE ATOMIC POWER COMPANY

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

(98- 483C) (Wilson ,
(98 - 484C) (Wiese, J.
DUKE

J.

NORTHERN STATES POWER COMPANY

POWER, A Division of
CERTIFIED COh3~tf
, J .

DUKE ENERGY CORP.
( 98 - 4 8 5 C) (Sypo 1 t

INDIANA MICHIGAN POWER COMPANY

(98 - 486C) (Hodges, J.
SACRAMENTO MUNICIPAL UTILITY DISTRICT
( 98 - 4 8 8 C) (Yock,

S. J

SOUTHERN NUCLEAR OPERATING COMPANY,

et al.
( 98 - 4 8 8 C) (Yock,

S. J.

COMMONWEALTH EDISON COMPANY

(98- 621C)

(Hewitt, J.

BOSTON EDISON COMPANY

(99 - 44 7C) (Allegra,

J.

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

Case 1:98-cv-00126-JFM Ronald A. Milner

Document 833-12

Filed 06/28/2004

Page 3 of 21
May 1 , 2002

Vol I McLean , VA

Page 2

(00- 440C)

(Bush, J.

WISCONSIN ELECTRIC POWER COMPANY
( 0 0 - 6 9 7 C) ( Me row , S. J.

POWER AUTHORITY OF THE STATE OF NEW YORK

(00- 703C) (01- 115C) (01- 116C) (01- 249C)

(Damich, J.

OMAHA PUBLIC POWER DISTRICT
(Bush, J.

NEBRASKA PUBLIC POWER DISTRICT
(Sypolt, J.

TENNESSEE VALLEY AUTHORITY
(Bruggink, J.

Plaintiffs,
Discovery
THE UNITED STATES,

: Judge:

Defendant.
McLean, Virginia

: (Judge
- -xSypol t)

Wednesday, May 1, 2002

Deposition of RONALD A. MILNER, a
witness, called for examination by counsel for Plaintiffs in the above-entitled

matter,

pursuant to notice, the witness being duly sworn

by CATHERINE S. BOYD, a Notary Public in and for
the Commonwealth of Virginia, taken at the

offices of Shaw Pittman, LLP, 1650 Tysons

Alderson Reporting Company, Inc.
1111

14th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005

Case 1:98-cv-00126-JFM Ronald A. Milner

Document 833-12 Filed 06/28/2004 Vol I McLean , VA

Page 4 of 21 May I , 2002

Page 12

Officer for the Civilian Radioactive Waste

Program.
And how long have you held that

position?
About two and a half

years.

And to whom do you report?

Lake Barrett, who is the deputy

director.
And how many people report to you as
the Chief Operating Officer?

I guess approximately 150 federal

staff.
Are there contractors that report to

you also?
Not directly, but there are
contractors in the orGanization.

Q. Can you describe for me your duties as
Okay.

the, what I'll refer to as the COO for OCRWM?

Basically it'

s to manage the

operational aspect of the

program.

What do you mean by operational

aspect?
Can you tell me what you mean by that

term?

Day-to- day

operations of the program

Alderson Reporting Company, Inc.
1111

14th Street , N. W. Suite 400 1- 800- FOR- DEPO Washington , DC 20005

Case 1:98-cv-00126-JFM
Ronald A" Milner

Document 833-12 Filed 06/28/2004 Vol I McLean , VA

Page 5 of 21
May 1 , 2002

Page 13

administrative principally. All right. When you

say

administrative, do you mean you' re primarily

involved in personnel matters, or am misunderstanding what you mean by that term?
Personnel matters, contractual

matters.
When you say contractual matters, what
do you mean by that?

Matters relating to our support

servlce contracts, our contract with our M&O.
What is your educational background? I m a mechanical engineer by

education.
Okay.
obtain a degree?
University of Mississippi.

From what institution did you

And that was a Bachelor of Science

Degree?
A Bachelors and a

Masters.

What year did you obtain your
Bachelors Degree?

1966.
And in what year did you obtain your
Masters Degree?

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 833-12

Filed 06/28/2004

Page 6 of 21
May 1 2002

Ronald A. Milner

Vol I McLean , VA

Page 59

Amendment was issued?
I can't recall.

Can I direct your attention to the

last page of this exhibit, Mr. Milner?
This has printed on it the date of
8/10/99 in the lower right- hand

corner.

As of that date, what was your
position on this organization chart?
(The witness reviewed the document.
THE WITNESS:

I believe it was acting

deputy director.

I can't recall exactly when I became

Chief Operating Officer.

15 like marked as Milner Exhibit No.
Radioactive Waste Management.

14 r"

MR. TOMASZCZUK:

Ms. Reporter ,

I would

2 a one- page

document which we have downloaded from the DOE

Web site, and it is entitled Appendix
organization chart, Office of Civilian

(Milner Exhibit No.

was marked for

identification.
BY MR. TOMASZCZUK:

Are you familiar with this
Mr. Milner?

document,

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 833-12

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Page 7 of 21
May I , 2002

Ronald A. Milner

Vol I McLean , VA

Page 60

Yes.

All right.

And does it accurately

depict OCRWM' s current organization?

Yes, it does.

And you' re serving as Chief Operating
Officer, correct?

Correct.
This organization chart shows that

everybody reports up to you , is that fair?

Correct.
And in that capacity, you'
responsible for all of OCRWM' s

publications?

Yes.
Including but not limited to the TSLCC

reports and the fee adequacy reports, right?

Correct.
(There was a pause in the

proceedings.
BY MR. TOMASZCZUK:

I understand that Mr. Barrett is going

to retire.
Is that your understanding?

That'
him?

s correct.

Do you know who is going to replace

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

..,

(~.
Ronald A, Milner

Case 1:98-cv-00126-JFM

Document 833-12
McLean , V A

Filed 06/28/2004

Page 8 of 21
May 1 2002

Page 194

Page 196

Annual Capacity Report.
I can represent that I believe it' s
a

that.
MR. SHIJL TIS: Okay.

draft document.
(Milner Exhibit No. 19

3 (Whereupon , at 6:00 p.

was marked for identification. BY MR. TOMASZCZUK: Q. Have you seen this document before today, Mr. Milner? A. I don t recall. Q. My characterization of the document as a draft is, seems fair to you? A. It appears to be , yes. Q, Do you know whether a , an ACR was issued in final form for 1989? A. I don t know. Q. In June of' , were you or personnel in your office responsible for ACRs? A. I believe it was. Q. Do you know who prepared this draft? A. No , I don Q, Who In your office at this time would have been working on ACRs? A. I don t recall. Q, Was Mr. Brownstein reporting to you at

, the deposition was recessed , to reconvene Thursday, May 2 , 1002 , at 9:15 p.

RONALD

~-Yv:~ER
20-

SUBSCRIBED AND SWORN to before me this;:7Y.1
day

of-----__ LL..k:"""k------------

'VA I
.r7
NOTARY PUBLIC

i7

18 My

commissIOn expires:

j/'

,i

Page 195

Page 197

this time?
A, I don

t recall offhand, He may have

been.
whether there was anything about this draft that

CERTIFICATE OF NOTARY PUBLIC , Catherine S. Boyd , the Notary Public before whom the proceeding occurred
pages I through 196, do hereby certify that the witness was duly sworn , that the testimony, of

Q. Sitting here today, do you recall

caused an ACR not to be issued in 1989 in final form? MS, HERRMANN: Objection -- vague foundation. THE WITNESS: I don t recall , no, MR. TOMASZCZUK: Let' s mark as Milner 20 a November 1989 report to Congress on reassessment of the Civilian Radioactive Waste
Management Program.

(Milner Exhibit No, 20
was marked for

said witness was taken by me and thereafter reduced to this typewritten transcript under my supervision , that said transcript is a true record of the testimony given by said witness that I am neither counsel for, related to , nor employed by any of the parties to the proceeding, and further, that I am not a relative or an employee of any attorney or counsel employed by the parties thereto , or financially or otherwise interested in the
outcome of the proceeding, or any action

identification, MR, TOMASZCZUK: Actually it' s six clock.
I propose we adjourn.

involved therewith. Witness my signature and seal:

(The transcript continues on tbe
following page,

CATHERINE S. BOYD
Notary Public in and for

MS. HERRMANN: We have no problem with

The Commonwealth of Virginia My commiSSIon expires: February 28, 2006

50 (Pages 194 to 197)

II1I ' 14th Street, N,

Alderson Reporting Company. Inc. , Suite 400 1- 800- FOR- DEPO Washington , DC 20005

-Case 1:98-cv-00126-JFM Document 833-12 Filed 06/28/2004

- Page 9 of 21
May 2 , 2002

Ronald A. Milner
McLean , VA

Page 197

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

YANKEE ATOMIC ELECTRIC COMPANY

(98 - 126C) (Merow , (98 - 154C) (Merow ,

S. J.

CONNECTICUT YANKEE ATOMIC POWER COMPANY
S. J.

FLORIDA POWER & LIGHT COMPANY

(98- 483C) (98- 484C)
DUKE ENERGY CORP.

(Wilson, J.

NORTHERN STATES POWER COMPANY
(Wiese,

DUKE POWER, A Division of

ClrliftedCopv
(Sypolt,

(98- 485C)
(98- 486C)

INDIANA MICHIGAN POWER COMPANY
(Hodges, J.

SACRAMENTO MUNICIPAL UTILITY DISTRICT

(98- 488C) (Yock ,

S.

SOUTHERN NUCLEAR OPERATING COMPANY,

et al.
( 98 - 4 8 8 C) (Yock ,
S. J.

COMMONWEALTH EDISON COMPANY

(98- 621C)
(99- 447C)

(Hewitt, J.

BOSTON EDISON COMPANY
(Allegra, J.

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

- - - - - - - - - - - - - - - - - - -Case 1:98-cv-00126-JFM Ronald A. Milner
McLean , VA
Page 198

Document 833-12

Filed 06/28/2004

Page 10 of 21
May 2 , 2002

(00- 440C) (00- 697C)

(Bush, J.

WISCONSIN ELECTRIC POWER COMPANY
(Merow , S.

POWER AUTHORITY OF THE STATE OF NEW YORK
( 0 0 - 7 03 C) (Dami ch , J.

OMAHA PUBLIC POWER DISTRICT

(01- 115C) (01- 116C) (01- 249C)

(Bush, J.

NEBRASKA PUBLIC POWER DISTRICT
(Sypolt, J.

TENNESSEE VALLEY AUTHORITY
(Bruggink, J.

Plaintiffs,
THE UNITED STATES,

Discovery Judge:
: (Judge
xSypo 1 t
McLean, Virginia

Defendant.

Thursday, May 2, 2002
Continued deposition of RONALD

MILNER, a witness, recalled for examination by
counsel for Plaintiffs in the above- entitled

matter, pursuant to notice, the witness being

duly sworn by CATHERINE S. BOYD, a Notary Public
in and for the Commonwealth of Virginia, taken

at the offices of Shaw Pittman, LLP , 1650 Tysons

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

Case 1:98-cv-00126-JFM Ronald A. Milner

Document 833-12

Filed 06/28/2004

Page 11 of 21
May 2 , 2002

McLean , V A
Page 217

MR. SHULTIS:
legal conclusion.

Obj ection.

Calls for a

Mr. Milner is not a
THE WITNESS:
don I t

30(b) (6)

witness.

At this point in time

,I

recall any I was aware of at that point in

time.
BY MR. TOMASZCZUK:

Isn

t it true, Mr. Milner, that the

9 I DOE' s intentions with respect to repository

10 \ design receipt rates have stayed constant over

11 the years at 3, 000 metric tons?
MR. SHULTIS:
legal conclusion.

Obj ection.

Calls for a

Mr. Milner is not a
THE WITNESS:

30(b) (6) witness.

It indicates that the

steady-state rate stayed at 3, 000, yes.
BY MR. TOMASZCZUK:

Q.
years, has it? 22

And that hasn

t changed really in

MR. SHULTIS:
THE WITNESS:

The same obj ection.
Would appear not to

\have.
MR. TOMASZCZUK:

Give me just one

second.
THE WITNESS:

Sure.

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

Case 1:98-cv-00126-JFM

Document 833-12

Filed 06/28/2004

Page 12 of 21
May 2 , 2002

Ronald A. Milner
McLean , VA

Page 232

Mr. Milner is not a
THE WITNESS:

30(b) (6) witness.

Well , again, given that

they are assumptions for different depending on which case was assumed would have reflected DOE I S goal.

cases,

, yes, it
May

Q.

MR. TOMASZCZU
At or about this point in time

1989, are you aware of any documents published

by DOE which would have indicated a design rate
other than 3 000 metric tons for the

steady-state operation?

No, not that I can

recall.

And would I be fair in assuming that

if there were such documents, you would be aware
of them?

I certainly would have ho ed
MR. TOMASZCZUK:

so.

This could be off the

record.
(A discussion was
held off the

record.
BY MR. TOMASZCZUK:

Mr. Milner , I would now like you to

get in front of you Exhibit 20, which was the
last exhibit that we marked yesterday

but we

adj ourned and I didn't ask you any questions
Alderson Reporting Company, Inc.
1111

14th Street ,

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

-""

Case 1:98-cv-00126-JFM
Ronald A, Milner

Document 833-12
McLean. V A

Filed 06/28/2004

Page 13 of 21
May 2 , 2002

!'~ge 402

does.

Q, It appears that these ;ales are b~s~d
on the existence of an MRS? A, Apparently so. MR. TOMASZCZUK: It' s 6:~O. (Whereupon, at 6:20 p. , the deposition was recessed, to reconvene at 9:00

.mM

SUBSCRIBED AND SWORN to before me this_

day Of----

1'
r:;li-

RONALD A. MILNER

2!~

, 20~::

r;::.if-/+:'__-/
My commission expires:

1'-'

NOTARYPUBLIC
:'5

~1.I III.

1t

t::'

Page 403

, 10

CERTIFICATE OF NOTARY PUBLIC , Catherine S. Boyd , the Notary Public before whom the proceeding occurred pages through , do hereby certify that the witness was duly sworn , that the testimony of said witness was taken by me and thereafter reduced to thi!; typewritten transcript under my supervision , that said transcript is a true record of the testimony given by said witness that I am neither counsel for, related to , nor employed by any ofth~ parties to this proceeding, and further , that I am not a relative or an employee of any attorney or counsel employed by the parties thereto, or financially or otherwise interested in the outcome ofthe proceeding, or any action involved therewith. Witness my signature and seal:

CATHERINE S, BOYD Notary Public in and for The Commonwealth of Virginia My commission expires: February 2S , 2006

53 (Pages 402 to 403)

J J II

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

:..

.'

------------------Case 1:98-cv-00126-JFM
Ronald Milner

Document 833-12
McLean, V A

Filed 06/28/2004

Page 14 of 21
May 3 , 2002

. 1;~

Page 403

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

YANKEE ATOMIC ELECTRIC COMPANY

(98- 126C)
CONNECTICUT YANKEE ATOMIC POWER COMPANY

(98 -154C)
MAINE YANKEE ATOMIC POWER COMPANY

(98- 474C)
FLORIDA POWER & LIGHT COMPANY

(98 - 483C)
NORTHERN STATES POWER COMPANY

(98 - 484C)
DUKE POWER , A Division of DUKE ENERGY CORP. (98- 485C) INDIANA MICHIGAN POWER COMPANY

(98 - 486C)
SACRAMENTO MUNICIPAL UTILITY DISTRICT

(98 - 488C)
SOUTHERN NUCLEAR OPERATING COMPANY

et al. ,
,,~;,J

(98- 614C)

COMMONWEALTH EDISON COMPANY

(98 - 621C)
BOSTON EDISON COMPANY

,r

(99- 447C)
GPU NUCLEAR , INCORPORATED

(00 - 440C)
WISCONSIN ELECTRIC POWER COMPANY (00 - 697C) POWER AUTHORITY OF THE STATE OF NEW YORK (00- 703C) OMAHA PUBLIC POWER DISTRICT ( 01- 115C) NEBRASKA PUBLIC POWER DISTRICT ( 01- 116C) TENNESSEE VALLEY AUTHORITY

(01- 249C)

Plaintiffs
Defendant.

UNITED STATES OF AMERICA,

Washington, D. C .
Friday, May 3, 2002 Continued Deposition of RONALD MILNER, a witness herein , called for examination by counsel for
Alderson Reporting Company, Inc. N. W. Suite 400 1- 800-FOR- DEPO Washington , DC 20005

1111

14th Street ,

Case 1:98-cv-00126-JFM
Ronald Milner

Document 833-12
McLean , V A

Filed 06/28/2004

Page 15 of 21
May 3 , 2002

Page 418

for such priority be deleted, that the Department had not accepted that recommendation because again it
states that this type of priority is necessary to

prevent reactors from waiting 20 or 30 years to be decommissioned after they finish generating

electricity.
And, again, my question is, was avoiding
that kind of delay a goal or objective of the

Department?
MR. SHULTIS: THE WITNESS:

Objection, same objection.

No, and again, my

recollection of the situation is that the Department

preferred not to preclude the ability to give some

priori ty to shutdown
how comments were

reactors.

But of course we are

reading from the preamble to the rule and discussing

addressed.

BY MR. NESLIN:

That I S

correct.

Did the Department have

any interest in the timely decommissioning of
shutdown reactors?
It did.

MR. SHULTIS:

Same objection.

BY MR. NESLIN:

That was an interest of the Department I s?
It was an interest, yes.

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

~~j

Case 1:98-cv-00126-JFM
Ronald Milner

Document 833-12
McLean , V A

Filed 06/28/2004

Page 16 of 21
May 3 , 2002

Page 419

The Department , would it be fair to say

that the Department had an obj ecti

ve of allowing

shutdown reactors to decommission in a timely manner?
MR. SHULTIS:
THE WITNESS:

Same obj ection.
Well, again , I think it was

more a case that the Department preferred not to
preclude that ability.
BY MR. NESLIN:

What do you mean by not preclude that

ability?
The Department did not as I recall have an

objective to give priority to shutdown reactors, it
simply preferred not to preclude that ability in the

future.
My question isn t about asking granting priority, my question is simply did the Department

have an obj ecti

ve of allowing

shutdown reactors to

decommission in a timely manner?
MR. SHULTIS: THE WITNESS:
Same objection.
It did, yes.

BY MR. NESLIN:

And would that remain an objective of the

Department I s today?
I believe

so.

If we could turn to page

16606, do you see

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

-Case 1:98-cv-00126-JFM
Ronald Milner

Document 833-12
McLean, V A

Filed 06/28/2004

Page 17 of 21
May 3 , 2002

Page 447

No.
I thought that you testified that you also

considered the potential for brokering exchanges
between utilities?

Yeah, as a

concept, yes.

What do you mean, what do you mean by as a

concept?
We were
well, looking at the concept of

was it appropriate for the Department to do that sort
of thing.

What was your opinion?

My personal opinion was that it potentially could serve a useful purpose if the

utilities desired such an

activity.
purpose,

And what do you mean by useful
what would that purpose be?

Well , certainly one purpose could have

been if
storage another

one utility that was needing to build a dry
that was

farther

down in the

queue, and

utility that had a higher priority that

either didn

I t at

that particular time or perhaps
t recall

even life of plant storage, which I don

anybody was that high in the queue that they had life

of plant, but you could preclude the need for
constructing dry storage if such an exchange were

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

Case 1:98-cv-00126-JFM
Ronald Milner

Document 833-12
McLean, V A

Filed 06/28/2004

Page 18 of 21
May 3 , 2002

Page 448

(acte,
And that would be beneficial to the

utilities?
Certainly to the utility that would have

had to build the dry

storage.

Would it also be beneficial to the

program?
Not necessarily,

no.

When you refer to brokering, what do you
mean by that?
If we had done comparisons and saw a

situation where , as I just described, that occurred,

I guess one concept might have been that we would contacted both utilities and inquired as to their
15

interest in exchange and trying to bring it
Was this concept memorialized or
documented in any way?

about.

16 .

Not that I recall, no.
Do you recall any documents discussing how
this brokering might work?
MR. SHULTIS:

Obj ection, asked and

answered.
THE WITNESS:

Not that I recall other than

what we just looked

at.

BY MR. NESLIN:

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

Case 1:98-cv-00126-JFM
Ronald Milner

Document 833-12
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Filed 06/28/2004

Page 19 of 21
May 3 , 2002

Page 476

reactor in the queue?

Correct.

And certainly there were

discussions at that point in time and at various

points in time with industry representatives as to
whether there was any desire on the part of the

industry in general to give priori ty reactors. Other than --

to shutdown

The Department raised that issue a number
of times with the industry and the in~ustry consensus

al ways was no.
By consensus, do you mean it was

uniform,

everyone in the industry took that position or

something else?
Well, certainly the majority.
16

Other than the effect on other utilities,

were there other reasons that the Department would be
unwilling to grant priority to a shutdown reactor?
MR. SHULTIS:
a 30(b) (6) witness.

Objection, Mr.

Milner is not

THE WITNESS:

Well, my opinion, yeah,

there would be

several.

Well, if approval somehow

adversely - -

I can t necessarily think of a situation

where that would occur, but if somehow approval or

doing that would have adversely affected the

system,

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

Case 1:98-cv-00126-JFM
Ronald Milner

Document 833-12
McLean, V A

Filed 06/28/2004

Page 20 of 21
May 3 , 2002

it would have been.
BY MR. NESLIN:

Sitting here today can you think of a way

of which approving authority to shut down a reactor
would have adversely affected a syst~m?

The federal system, I can not, no.
Any other reasons why the Department would

be unwilling to grant priority to a shutdown
MR. SHULTIS:
a 30

reactor?

Obj ection, Mr. Milner is not

(b) (6) witness.

Calls for speculation.
I can' t think of

THE WITNESS:

any.
I can
I t

In my

opinion, the chief one would be
think of any others.

equity.

(Milner Exhibit No. 59 was

marked for identification.
BY MR. NESLIN:

Mr. Milner , Exhibit 59 is a report by S. R.

Rod, Pacific Northwest Laboratory, entitled, Cost
Estimates of Operating onsite Spent Fuel Pools After
Final Reactor Shutdown.

Uh- huh.
Now I note on page HQR- 025- 0904,

under the

distribution list,
this report.

you re listed as a recipient of

Do you recall this report?

No, I don' t specifically recall this

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

Case 1:98-cv-00126-JFM

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Page 21 of 21

CERTIFICATE OF REPORTER

UNITED STATES OF AMERICA)

ss.

COMMONWEALTH OF VIRGINIA)

, CYNTHIA R. SIMMONS, RPR, CRR, the officer before whom the
foregoing deposition was taken, do hereby certify that the witness whose testimony

appears in the foregoing deposition was duly sworn by me; that the testimony of said witness was taken by me to the best of my ability and thereafter reduced to

typewriting under my direction; that I am neither counsel

for

related to ,

nor

employed by any of the parties to the action in which this deposition was taken , and

further that I am not a relative or employee of any attorney or counsel employed by
the parties thereto , nor financially or otherwise interested in the outcome of the

action.

Notary Public in and for
the Commonwealth of Virginia

My Commission expires: 11/3012004