Free Reply to Response to Motion - District Court of Federal Claims - federal

Case 1:98-cv-00126-JFM

Document 826-2

Filed 06/21/2004

Page 1 of 9

EXHIB

IT

-- - -- - - --- - - --- - - - - - - - ---- - - -- - - - Case 1:98-cv-00126-JFM
EDWARD C. ABBOTT DEPOSmON

------ - -- - - - - ---- -- - - -Filed 06/21/2004 Page 2 of 9
Yankee Atomic v. USA

Document 826-2
May 10, 2004

Page 1

In the United States Court of Federal Claims

Yankee Atomic Electric

Company
: NO. 98- 126C

Uni ted States of America

May 10, 2004

DEPOSITION OF:

Edward C.

Abbott

a witness, called by counsel pursuant to

notice,

commencing at 9: 30 a. m., which was taken at Spriggs
and Hollingsworth,

1350 Eye St.,

NW, Washington, DC

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Case 1:98-cv-00126-JFM EDWARD C. ABBOTT DEPosmON

Document 826-2
May 10, 2004

Filed 06/21/2004

Page 3 of 9
Yankee Atomic v. USA

rate.
And -For each of the -- that' s what we

Page

101

developed.
You were given the pickup dates and the

rates -- you were given the start dates and the

rates by the Department of
The start

Justice?
The pickup

dates, yes.

information, the allocations as it were for each

plant were given to us by the Department of

Justice.

Do you know where those allocations carne

from?
I don t, no.

Were they given to you in spreadsheet

form?
Yes, they were.

Have we been provided those?

Yes, you

have.

I take it -- let' s start with scenario by

scenario.
Scenario one then, just so I understand

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Case 1:98-cv-00126-JFM
EDWARD C. ABBOTT DEPosmON

Document 826-2
May 10, 2004

Filed 06/21/2004

Page 4 of 9
Yankee Atomic v. USA

Page 103

this, you don t have any opinion on whether in the

non-breach world DOE would have or should have been

picking up fuel at the rates that are assumed for
scenarlo one here, is that right?

That'

s correct.

You re not going to be offering an opinion

about that?
I will not be offering an opinion about

rates.
At all in any

scenario?

That'

s correct.

Or about the date that DOE is going to
start picking up in the breach world?

That is also

correct.

Do you know who is going to be giving

opinions about that?
I have no

idea.

Do you know whether the assumptions in

scenario one about rates in the non-breach world are

reasonable?
MR. CRAWFORD:

Obj ection to the lack

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Case 1:98-cv-00126-JFM
EDWARD C. ABBOTT DEPosmON

Document 826-2
May 10 , 2004

Filed 06/21/2004

Page 5 of 9
Yankee Atomic v. USA

Pt1g~ 104

of foundation.
I don t know if they are reasonable or

unreasonable.
The same for the breach world assumptions
in scenario one?

That'

s correct.

Would you say that you don t know whether

any of the assumptions about rates in any of the

scenarios are reasonable
That'

not?

correct.

then you would not have any oplnion about which scenario among the five the most reasonable, relatively speaking?
MR. CRAWFORD:

take

Obj ection to the

vagueness of

that.
s sort of an odd question in a way.

That'

Do you have an opinion about which of

these five scenarios is the most reasonable among

the five, relatively

speaking?
Obj ection.

MR. CRAWFORD:

Of course, the 1998 scenario didn t happen

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Case 1:98-cv-00126-JFM

Document 826-2

Filed 06/21/2004

Page 6 of 9

EXHIBIT

- - - - -- - - - -- - - -- - - - - ------Case 1:98-cv-00126-JFM R. LARRY JOHNSON DEPosmON
May 24 ,

-- -- - - -Filed 06/21/2004 Page 7 of 9
Yankee Atomic v. USA

Document 826-2
2004

Page 1

In the United States Court of Federal Claims

Yankee Atomic Electric
Company, Connecticut Yankee

Atomic Power Co., Maine Yankee

Atomic Power Co.
: NO. 98- 126C

98- 154C
98-474C
Uni ted States of America

May 24, 2004

DEPOSITION OF:
R. Larry Johnson

a witness, called by counsel pursuant to

notice,

commencing at 9: 30 a. m., which was taken at Spriggs
and Hollingsworth,

1350 Eye St.,

NW, Washington, DC

Overnite Court Reporting Service

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Case 1:98-cv-00126-JFM
R. LARRY JOHNSON DEPOSmON

Document 826-2
May 24, 2004

Filed 06/21/2004

Page 8 of 9
Yankee Atomic v. USA

There are five scenarios or al ternati
consideration of failed
And GTCC?

Page 54

ve

measures, then modified thereafter for the further

fuel.

And GTCC.
Each of the five has two variations?
MR. EKMAN:

Obj ection

Each of the five in addition to the

primary has two

variations.
Do you yourself have any

Thank you.

opinions about whether any one of the scenarios

reasonable?

scenario

this the acceptance portion the entire scenario?
That'
good

the

question.

m tal king about

the schedule assumptions in each of the five

scenarios.
I do not have an opinion about

that.

Do you know if Mr. Abbott is expressing an

opinion about whether the acceptance scenarios in

any one or more of the five scenarios is reasonable?
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Case 1:98-cv-00126-JFM R. LARRY JOHNSON DEPosmON

Document 826-2
May 24, 2004

Filed 06/21/2004

Page 9 of 9
Yankee Atomic v. USA

Page 57

MR. EKMAN:

Obj ect,

relevance,

foundation.
I don t have any opinion on the

reasonableness of the acceptance

might be that one is
It might be all five

scenarios. more reasonable than another. are equally reasonable.

don t know.
Might it be that one or more of the
scenarios is unreasonable?
MR. EKMAN:

Obj ection.

Are we

talking -As far as you know.

Acceptance scenarios?
Yes.
Since I have no knowledge of their
reasonableness I guess it' s conceivable that someone

could conclude that one or more was

unreasonable.

Scenario four is the actual damages

scenario claimed by Maine Yankee, right?
I think we could disagree about whether

it'

s actual or

not.
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