Free Motion for Miscellaneous Relief - District Court of Federal Claims - federal

Case 1:98-cv-00126-JFM

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APPENDIX A

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Appendix A
Yankee Atomic s 2003 Statement of Relevant Facts in the Form of a Proposed Stipulation of Facts " that the Government has: (A) Deemed Relevant And Stipulated Or (B) Agreed To But Deemed Not Relevant.

(A) The government deemed the following numbered facts or portions thereof as relevant and
stipulated. Accordingly, the Court should order that the following findings of fact are deemed stipulated:
Yankee Atomic is an electric utility company incorporated under the laws of the
Commonwealth of Massachusetts.

Yankee Atomic s only electricity generating facility was a nuclear power plant
located in Rowe , Massachusetts , which plant is now permanently shut down.
10.

Spent fuel remains highly radioactive for many years , and is potentially toxic to

humans if not properly handled.
12.

The Yankee Atomic fuel pool is filled with water , which provides a radiation

shield and protects both the spent fuel in the pool and the environment.
15.

When it was operating, Yankee Atomic s nuclear reactor held and used 76 fuel

assemblies in tbe reactor "core " where fission occurred and generated heat to power steam
turbines , which in turn generated electricity.
16.

Yankee Atomic last operated its nuclear power plant in late 1991.
After the NWP A became law , DOE and nuclear utility representatives , including

30.

representatives of Yankee Atomic , participated in developing a " Standard Contract" for
acceptance and disposal of spent fuel and HLW.
33.

On June 22 , 1983 , Yankee Atomic and the DOE entered into such a contract (the

Contract"

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35.

In or about June 1983 , DOE entered into contracts similar to Yankee Atomic

Contract with other utility companies (together with Yankee Atomic , the " Contracting
Utilities
38.

Neither the Standard Contract nor the Yankee Atomic Contract terms set out the

specific schedule on which DOE must accept and dispose of spent fuel and HLW from Yankee
Atomic.

137a. GTCC waste includes material known as "reactor

internals

" which is material

near the core of a nuclear reactor that became highly irradiated during the operation of the
reactor.
137c. No

site is licensed for disposal of Yankee Atomic s GTCC waste.

171.

Yankee Atomic has completed development , licensing and construction of its

ISFSI , including licensing and purchase of all necessary dry storage containers.

however, is an evidentiary issue that has no bearing on whether the government agrees to a proposed fact or not. The government agreed to the following facts and thus , the Court should order that these findings of fact are deemed stipulated:
not relevant. The question of relevance ,

(B) The government agreed to the following facts or portions thereof, but deemed them to be

Yankee Atomic commenced commercial operation of its nuclear power plant in
1960.
11.
35Yz

The Yankee Atomic fuel pool is approximately 16 feet wide by 34 feet long by

feet deep.
17.

As of February 1992 , all fuel assemblies from Yankee Atomic s reactor had been

moved into the fuel pool.
18.

In February 1992 , Yankee Atomic announced it would permanently cease

operation of its plant.

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152.

Yankee Atomic incurred costs to study alternative options

(e.

wet storage

versus dry storage) for extended on-site storage of spent fuel.

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APPENDIX B

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Appendix B

Facts Connecticut Yankee " that the Government has: in the Form of a Proposed Stipulation of Facts (A) Deemed Relevant And Stipulated Or (B) Agreed To But Deemed Not Relevant.
s 2003 Statement of Relevant

(A) The government deemed the following numbered facts or portions thereof as relevant and
stipulated. Accordingly, the Court should order that the following findings of fact are deemed stipulated:
Connecticut Yankee is an electric utility company incorporated under the laws of
the State of Connecticut.

Connecticut Yankee s only electricity generating facility was a nuclear power

plant located in Haddam , Connecticut , which plant is now permanently shut down.
10.

Spent fuel remains highly radioactive for many years , and is potentially toxic to

humans if not properly handled.
12.

The Connecticut Yankee fuel pool is filled with water, which provides a radiation

shield and protects both the spent fuel in the pool and the environment.
15.

When it was operating, Connecticut Yankee s nuclear reactor held and used 157

fuel assemblies in the reactor "core " where fission occurred and generated heat to power steam
turbines , which in turn generated electricity.
16.

Connecticut Yankee last operated its nuclear power plant in July 1996.

24.

Connecticut Yankee is also presently storing 82 spent fuel assemblies at a site in

Morris , Illinois , under a contractual arrangement with General Electric , the owner ofthe Morris
facility.
25.

Connecticut Yankee arranged for shipping of the 82 assemblies to the General

Electric/Morris facility in the late 1970s for reprocessing.

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33.

After the NWP A became law , DOE and nuclear utility representatives , including

representatives of Connecticut Yankee , participated in developing a " Standard Contract" for
acceptance and disposal of spent fuel and HLW.
36.

On June 30 , 1983 , Connecticut Yankee and the DOE entered into such a contract

(the " Contract"
38.
In or about June 1983 , DOE entered into contracts similar to Connecticut

Yankee s Contract with other utility companies (together with Connecticut Yankee , the

Contracting Utilities
41.

Neither the Standard Contract nor the Connecticut Yankee Contract terms set out

the specific schedule on which DOE must accept and dispose of spent fuel and HL W from
Connecticut Yankee.
141 a.

GTCC waste includes material known as "reactor internals " which is material

near the core of a nuclear reactor that became highly irradiated during the operation of the
reactor.

141c. No site is licensed for disposal of Connecticut Yankee s GTCC waste.
153.

When its reactor was operating, Connecticut Yankee always maintained sufficient

excess capacity in its fuel pool (known as " full core reserve ) to allow discharge into the fuel
pool of all fuel assemblies in the reactor core.
154.

Maintaining full core reserve in the fuel pool is a safety-enhancing and common

practice in the commercial nuclear power industry.
155.
By 1992 ,

Connecticut Yankee knew that its reactor would , within the next few

years , discharge a quantity of spent fuel which if placed into the Connecticut Yankee fuel pool

with its then-existing racks would eliminate full core reserve capacity in the fuel pool.

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186.

Connecticut Yankee has completed development , licensing and construction of

its ISFSI , including licensing and purchase of all necessary dry storage containers.
221.

Under the Connecticut Yankee Contract , the ACRJ APR was for planning

purposes only.

(B) The government agreed to the following facts or portions thereof, but deemed them to be
not relevant. The question of relevance , however, is an evidentiary issue that has no bearing on whether the government agrees to a proposed fact or not. The government agreed to the following facts and thus , the Court should order that these findings of fact are deemed stipulated:
Connecticut Yankee commenced commercial operation of its nuclear power plant
in January 1968.
11.

The Connecticut Yankee fuel pool is approximately 37 feet wide by 36 feet long

by 35 feet deep.
17.

As of November 1996 , all fuel assemblies from Connecticut Yankee s reactor had

been moved into the fuel pool.
18.

In December 1996 , Connecticut Yankee permanently ceased operation of its
(e.

plant.

165.

Connecticut Yankee incurred costs to study alternative options

wet storage

versus dry storage) for extended on-site storage of spent fuel.

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APPENDIX C

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Appendix C
Maine Yankee s 2003 Statement of Relevant Facts in the Form of a Proposed Stipulation of Facts " that the Government has: (A) Deemed Relevant And Stipulated Or (B) Agreed To But Deemed Not Relevant.

(A) The government deemed the following numbered facts or portions thereof as relevant and
stipulated. Accordingly, the Court should order that the following findings of fact are deemed stipulated:
Maine Yankee is an electric utility company incorporated un~er the laws of the
State of Maine.

Maine Yankee s only electricity generating facility was a nuclear power plant
located near Wiscasset , Maine , which plant is now permanently shut down.
10.

Spent fuel remains highly radioactive for many years , and is potentially toxic to

humans if not properly handled.
12.

The Maine Yankee fuel pool is filled with water, which provides a radiation

shield and protects both the spent fuel in the pool and the environment.
15.

When it was operating, Maine Yankee s nuclear reactor held and used 217 fuel

assemblies in the reactor " core " where fission occurred and generated heat to power steam
turbines , which in turn generated electricity.
16.

Maine Yankee last operated its nuclear power plant in December 1996.
After the NWP A became law , DOE and nuclear utility representatives , including

30.

representatives of Maine Yankee , participated in developing a " Standard Contract" for
acceptance and disposal of spent fuel and HLW.
33.

On June 6 , 1983 , Maine Yankee and the DOE entered into such a contract (the

Contract"

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35.

In or about June 1983 , DOE entered into contracts similar to Maine Yankee

Contract with other utility companies (together with Maine Yankee, the " Contracting Utilities
38.

Neither the Standard Contract nor the Maine Yankee Contract terms set out the

specific schedule on which DOE must accept and dispose of spent fuel and HL W from Maine
Yankee.
137a. GTCC waste includes material known as "reactor
internals

" which is material

near the core of a nuclear reactor that became highly irradiated during the operation of the
reactor.
137c. No

site is licensed for disposal of Maine Yankee s GTCC waste.

149.

By 1992 ,

Maine Yankee knew that its reactor would , within the next few years

discharge a quantity of spent fuel which if placed into the Maine Yankee fuel pool with its thenexisting racks would eliminate the ability to rerack the fuel pool and to refuel the reactor.
153.

The reracking project stopped in 1997 when Maine Yankee permanently ceased

operation of its plant.
154.

At the time the reracking project stopped , 26 ofthe 29 new racks were installed

and the 3 others had been purchased.
185.

Maine Yankee has completed development , licensing and construction of its

ISFSI , including licensing and purchase of all necessary dry storage containers.

however, is an evidentiary issue that has no bearing on whether the government agrees to a proposed fact or not. The government agreed to the following facts and thus , the Court should order that these findings of fact are deemed stipulated:
not relevant. The question of relevance ,

(B) The government agreed to the following facts or portions thereof, but deemed them to be
Maine Yankee commenced commercial operation of its nuclear power plant in

December 1972.

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11.

The Maine Yankee fuel pool is approximately 37 feet wide by 41 feet long by 38
As of June 1997 , all fuel assemblies from Maine Yankee s reactor had been

feet deep.
17.

moved into the fuel pool.
18.

In August 1997 , Maine Yankee permanently ceased operation of its plant.
Maine Yankee incurred costs to study alternative options

162.

(e.

wet storage versus

dry storage) for extended on-site storage of spent fuel.

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APPEND IX D

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1350 I Street. NW Washington, DC 20005

Sprigg&ollingsworth

tel. 101. 898. 5800 fax 202. 682. 1639 www. spriggs. com

202. 898. 5839 jstouck~spriggs. com
June 21 ,

Jerry Stouck

2004

VIA FACSIMILE. ORIGINAL TO FOLLOW BY U. S. MAIL

Harold D. Lester, Jr. , Esq. Associate Director Commercial Litigation Branch Civil Division United States Department of Justice Eighth Floor Mailroom 1100 L Street, NW Washington , DC 20530
Re:

Yankee Spent Fuel Cases

Dear Harv:

This letter is in regards to several pre-trial matters. As you know, plaintiffs have previously sought from the government , but have not yet received: (1) a copy of the government' s " will call" trial witness list; (2) an agreed-upon deadline for the parties to exchange designations of deposition testimony that each party seeks to offer into evidence; and (3) an agreed-upon deadline for the exchange of demonstrative exhibits. I will address each these items in turn.
Prior to the May 13, 2004 Pretrial Conference, plaintiffs furnished the government a good faith list of witnesses that plaintiffs then expected to call in our affirmative cases at trial. The government, however, still has not served a similar, good faith list to plaintiffs. This is unacceptable. The witness lists in the government' s pretrial submissions are inordinately large - the government' s Maine Yankee witness list alone contains 39 witnessesand plainly name many more witnesses than the government actually plans to call at trial. These excessive lists - and the government' s failure to serve a good faith, will call list - are a transparent attempt to hide the ball and impede plaintiffs ' ability to effectively prepare for crossexamination of government witnesses. Likewise, the government cannot legitimately complain that it needs to hear from plaintiffs ' witnesses at trial before it can furnish this list because the government knows plaintiffs ' positions and has extensively deposed all of the witnesses. The government should furnish its will call witness list now, without further delay.

1.

Plaintiffs are preparing designations of deposition transcripts to use as substantive evidence at trial. Based on the government's positions set forth in Mr. Ekman s June 14 letter we assume that the government will not be offering any deposition designations. Nevertheless,

2.

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Harold D. Lester, Jr., Esq. June 21, 2004
Page 2

we propose that the parties mutually exchange any deposition designations on or before June 28 2004 , so that potential disputes over designations can be addressed at the pretrial conference.
The government has not agreed to a deadline for the exchange of demonstrative exhibits. Plaintiffs propose that both parties should disclose their demonstrative exhibits by July 9, 2004. This should allow both parties to raise any objections to demonstrative exhibits in
an orderly fashion.

3.

on these matters within the next few days. Therefore , plaintiffs would appreciate a prompt response from the government.

In the interest of time , plaintiffs plan to file a motion seeking assistance from the Court

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APPENDIX E

~'
us DEPTDocument 828-2 OF JUSrrCE-CLB , JUN-'4Case 1:98-cv-00126-JFM

, .

Filed 06/22/2004 2132Page 17 of 18 514 86413
s.

Department of Justice

Civil Division
PDK: DMC : HDL : JEkman

154-98-126

Telephone:
(202) 353-0897
waahington, D. C.

20530

June 14, 2004

VIA FACSIMILE
Peter J. Skalaban, Jr. Spriggs & Hollingsworth 1350 I Street, N. Ninth Floor Washington, D. 20005-3305

C.

Re:

474C (Fed. Cl.
Dear Mr. Skalaban:

Yankee Atomic Electric Co. v. United States, 98 -126C (Fed. Cl. ); Connecticut Yankee Atom~cNo. Power Co. v . United States , No. 98-1S4C (Fed. Cl. ); Maine Yankee Atomic Power Co. v. United States, No. 98-

This letter is intended to follow-up upon a few issues raised during our June 4 , 2004 meeting.

As I informed you during our meeting, we generally w~ll
oppose the introduction of deposition excerpts in lieu of live testimony at Where necessary, however. we will allow deposition designations for the limited purpose of authentication of documents. Add1tionally, to the extent that you seek to admit a limited amount of testimony concerning a discrete issue from a witness who otherwise would not be called to testify, we may agree to allow such testimony to be admi tted through deposi tian designations , depending upon the circumstances. Please contact me to discuss use of deposition

trial.

designations consistent with these limitations.

We also d1scussed the issue of the introduction of expert witness reports as exhibits at trial. We would prefer to have each party I s expert reports provided to the Court as exhibits.

" ,, ..

Case 1:98-cv-00126-JFM Document 828-2 us DEPT OF JUST I CE-CLB . JUtl-14-203'~ 17:

514 8640 Filed 06/22/2004202 Page 18 of 18

-2continuing to work through the Yankees I updated " will use" exhibit list. We will contact you later this week to discuss second meeting concerning both parties I " will use II exhibit lists. However , we propose that all changes to the " will use" lists be finalized by the June 29, 2004 pretrial conference. He are

Please contact me if you have any

questions.

Branch

TrJTCot P . '1"3