, ,
Case 1:98-cv-00126-JFM
Alan Brownstein
Document 792-13
McLean, VA
Filed 04/16/2004
Page 1 of 19
April 11 ,
2002
Page 518
That I s what this
best of my
says.
And to the
recollection, I think that I
accura te .
And so you would agree that there were
at least -- strike
that.
So you would agree that there were
issues that had been identified where there were
omissions, inconsistencies, ambiguities or
contradictions in the standard contract?
MR. BANES:
legal conclus
Obj ection
Calls for
ion.
THE WITNESS:
\.1
There were 34 issues
for
that we recognized, we being the department and
utilities, that needed to be clarified
whatever the reason.
BY MR. HIRSCH:
And so at minimum, that would have
reflected that the standard contract was
ambiguous on those issues
MR. BANES:
isn I ,t
that correct?
Calls for a
Obj ection
legal conclusion.
THE WITNESS:
No.
It could have
been,
it could have had omissions.
It could have had
inconsistencies.
I mean there are a host of reasons
Alderson Reporting Company, Inc. 111114th Street, N. W. Suite 400 1-800-FOR-DEPO Washington, DC 20005
01075
""""'-
Case 1:98-cv-00126-JFM
Ala.,. Brownstein
Document 792-13
, McLean, VA
Filed 04/16/2004
Page 2 of 19
April 11 ,
2002,
Page 519
why.
, MR. HIRSCH:
All right. There were 34
there was ei ther
issues where
an omission , an inconsistency,
an ambiguity or a contradiction, is that
correct?
MR. BANES:
THE WITNESS:
Same obj ection
To the best of my
recollection.
MR. HIRSCH:
Mr. Brownstein -- strike
that. Let'
s mark another
,
exhibit. (Brownstein Exhibit No.
A
47
was marked for
identification. )
BY MR. HIRSCH:
Mr. Brownstein, I have h~nded you what has been marked as Brownstein Deposition Exhibit
47, which is a copy of the March 1995 DOE
Acceptance Priori ty Ranking Annual Capaci
Report.
It doesn t appear to have Bates
labels.
Do you recognlze that this document
a copy 0 f the DOE 1995 APR/ACR~
MR. BANES:
Obj ection -- lack of
Alderson Reporting Company, Inc. 111114th Street, N. W. Suite 400 l-ROIUlr:w" l Washington, DC 20005 '
01076
/'~
Case 1:98-cv-00126-JFM
Document 792-13
Filed 04/16/2004
Page 3 of 19
CERTIFICATE OF NOTARY PUBLIC
I, Catheri ne S. Boyd, the Notary
occurred, through pages , do hereby certi fy that the wi tness was duly sworn, that the test i mony of
Publ ic before whom the proceeding
said wi tness
reduced to
was taken by me and thereafter
transcr
thi s typewr i tten
i pt under
my
supervision, that said transcript is a true
record of the tes t i mony gi ven by sa i d wi tness ,
that I am nei ther counsel for, related to, nor
employed by any of the parties to this
proceeding, and further, that I am not a
re lat i ve 0 r an employee of any attorney or
counse 1 employed by
the pa
rt i es thereto, or
f i nanc i ally or otherwi se i nteres ted in the
outcome of the proceeding, or any action
i nvo 1 ved therewi th.
Wi tness
my signa tu re and seal:
I' ;J
s;J
CATHERINE S. BOYD
Notary Publ ic
My commission expires:
in and for
The Commonwealth of Vi rgi n i
February 28, 2006
01077
:;,:~"
-------------------~~
Case 1:98-cv-00126-JFM Document 792-13
Billy Cole
::~
Filed 04/16/2004
Page 4 of 19
March 13 , 2002
i~~"
Mclean. VA
245
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
-JC
YANKEE ATOMIC ELECTRIC COMPANY
(98- 126C) (Merow ,
S.
CONNECTICUT YANKEE ATOMIC POWER COMPANY
(98-154C) (Merow , S.
FLORIDA POWER & LIGHT COMPANY
(98- 483C)
(Wilson, J.
F':nr ti ~!J wu.....~.P ~vu \l.
nGrr~~ rC))\~
NORTHERN STATES POWER COMPANY
(98 -484C) (Wiese, J. )
DUKE POWER , A Division of
DUKE ENERGY CORP.
(98- 485C)
(Sypolt,
INDIANA MICHIGAN POWER COMPANY
(98 - 486C) (Hodges, J.
SACRAMENTO MUNICIPAL UTILITY DISTRICT
(98- 488C)
(Yock, S.
SOUTHERN NUCLEAR OPERATING COMPANY
et al.
(98- 488C) (Yock , (98- 621C) (99- 447C)
S.
COMMONWEALTH EDISON COMPANY
(Hewitt, J.
BOSTON EDISON COMPANY
(Allegra, J.
GPU NUCLEAR, INCORPORATED
01078
Alderson Reporting Company, Inc, 1111 14th Street , N, W, Suite 400 1- 800- FOR- DEl'O Washington , DC 20005
-.,,
------------------Case 1:98-cv-00126-JFM
Billy Cole
Document 792-13
Mclean, VA
Filed 04/16/2004
Page 5 of 19
March 13
2002
246
(00 - 440C) (Bush, J.
WISCONSIN ELECTRIC POWER COMPANY
(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.
TENNESSEE VALLEY AUTHORITY
(01- 249C)
(Bruggink, J.
Plaintiffs,
Discovery
THE UNITED STATES
: Judge:
Defendant.
McLean, Virginia
: (Judge
- -xSypol t)
Wednesday, March 13, 2002
Continued deposition of BILLY M. COLE
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
01079
Alderson Reporting Company, lnG, 1111 14th Street, N. w. Suite 400 1- 800- FOR- DEPO Washington, DC 20005
$~;'., ). :
Case 1:98-cv-00126-JFM
Billy Cole
Document 792-13
Filed 04/16/2004
Page 6 of 19
March 13 ,
2002
Mclean, VA
439
What would be the benefit of
campaigning?
Permitting is one.
you can move into a facility
Size of the train
move a train in
and pick up three car loads of three casks, load
30 tons instead of one cask of ten
tons, it'
going to cost less, cost you almost the same to
haul one of those cars down the railroad as it
does three of
them.
You' re going to save a lot of money.
Campaigning can save money.
Campaigning can save money for DOE?
Urn - hm .
It can also save money for the
utilities possibly because you only, you
I re only
interrupting your site one time every maybe
three years instead of every year where
somebody s coming in where you' re loading that
stuff ,
year.
so you only have to, you know, loading
crews and stuff once every three years to once a
There'
s benefits to everybody by doing
campaigning.
What would , what would be a reason not
to do campaigning?
The only reason you would not do
01080
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 792-13
Filed 04/16/2004
Page 7 of 19
CERTIFICATE OF NOTARY PUBLIC
I, Catherine S. Boyd, the Notary
Public before whom the proceeding
occurred,
pages
through
, do hereby certify that the
wi tness was duly sworn, that the testimony of
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 this
proceeding, and further, that I am not a
, I
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
involved therewith.
Witness my signature and
seal:
CATHERINE S.
Notary Public in and for
The Commonweal th of Virginia
My commission explres:
February 28,
2002
01081
\~ .. ... .... , ~,..,,
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Case 1:98-cv-00126-JFM Document 792-13 Filed 04/16/2004
~\)~'\
Page 8 of 19
IN THE U. S. COURT OF FEDERAL CLAIMS
YANKEE ATOMIC ELECTRIC CO"
~INE Y~~E AWMIC P~ER CO., ,
CONNECTICUT YANKEE ATOMIC POWE
CO. ,
Plaintiffs:
vs.
UNITED STATES OF AMERICA
: No. 98- 126C
98- 474C
98- 154C
Defendant.
Washington, D. C .
Tuesday, August 26,
2003
Deposition of:
DR. JOHN BARTLETT
called for eJCamination by counsel for the
defendant, pursuant to notice and
commencing at 9:30
a. m.
agreement,
at Department of Justice,
1100 L Street N. W., ~efore Virlana Kardash , RPR
CSR, a Notary Public in and for the District of Columbia, when were present on behalf of the
",,-'iC'
respective parties:
ii'
1825 I Street , N,
JABS REPORTING , INc.
muou- :.. '- ,
Washington , D, c. 20006
01082
(202) 296- 6102 (888) 805- 5227
Case 1:98-cv-00126-JFM
Document 792-13
Filed 04/16/2004
Page 9 of 19
You mus t have deal t wi th the standard con trac t
some way; correc
Very limited.
Let'
tha t ,
s start from just the beginning of
then.
What' s your understanding of,
essentially, what is the standard contract?
Well, it I s the
contract between the
department and the utilities that the department
will receive spent fuel for
disposal.
Did you - -
my understanding from what
you' ve already told me is that you had no
involvement in making or drafting the standard
contract; is that right?
I did not know it existed until I got
to DOE.
When is the first time that you
actually even read it?
I don
I t remember
exactly.
But it was while you were Director of
OCRWM?
Uh- huh. '
What involvement did the standard
79 .
1825 I Street , N. Washington , D. e. 20006
JABS REPORTING , INe.
www.jabsreporting. com
(202) 296- 6102 (888) 805- 5227
01083
::"'
" )
Case 1:98-cv-00126-JFM
Document 792-13
Filed 04/16/2004
Page 10 of 19
contract have in your job while you were at OCRWM?
Very limited because of the stage of
the program at the
time.
Can you explain what limited
involvement it did have?
Simply an awareness that it
existed.
And we had the responsibility to do our very best
to begin receipt in January of 1998.
And the
primary thing having to do with that was the
siting of the MRS because YQU could go nowhere
. 11
without that under the program strategy at the
time.
So the involvement with the standard
contract and its provisions was absolutely
minimal.
I want to break that down just a little
bit.
You said that you had an obligation to do
your very best to start accepting fuel in 1998?
Uh- huh.
Was your understanding at the
time,
while you were Director of OCRWM, that you were
contractually obligated to start in 1998?
1825 I Street, N,W, Washington , D, c. 20006
JABS REPORTING , INe.
01084
(202) 296- 6102 (888) 805- 5227
Case 1:98-cv-00126-JFM
Document 792-13
Filed 04/16/2004
Page 11 of 19
premiere award for
service.
When did you win that?
Two years after the year after I got
out of DOE, somewhere in that time
frame.
What are the qualifications necessary
to be listed in "Who' s Who in America"?
I really don' t know.
it; that' s all I can
This resume did
say.
Dr. Bartlett, how
Okay.
Fair enough.
do you keep current in your field?
Nowadays?
The web sites are by far the
best source of information.
Are there web sites that you frequent?
Uh- huh.
Wha t are they?
The principal one is
- - it'
s called
"What' s News?"
And of all
things, it I S sponsored
by the State of Nevada.
And it is very
comprehensive in terms of reporting information
about things nuclear , globally.
They capture everything and put it on that
web site.
III
1825 I Street , N. Washington , D, e. 20006
JABS REPORTING , INe.
unXlW iahsreDorting, com
(202) 296- 6102 (888) 805- 5227
01085
', '
Case 1:98-cv-00126-JFM
Document 792-13
Filed 04/16/2004
Page 12 of 19
So it'
not just about Yucca Mountain?
Oh, no.
No.
Yucca Mountain was the
instigation, I think , for the web site, but it is
very comprehensive in terms of reporting news
about things nuclear globally.
Did you ever contribute to that web
site?
No.
What other web sites?
The Nuclear Waste Technical Review
Board, which has oversight of the Office of
Civilian Radioactive Waste Management.
The
Nuclear Regulatory Commission program activities.
And closely affiliated with that, the Advisory
Committee on Nuclear Waste , which is part of the
NRC.
Any others?
And of course , OCRWM' s
So you still keep up with what' s going
on at
OCRWM?
Yes.
Are there any other web si tea?
Have we
112
1825 I Street , N, Washington , D, c. 20006
JABS REPORTING , INc.
www iahsreoorting, com
(202) 296- 6102
(888) 805- 5227
01086
.-..
- - - - - - - - - - - - - .Case 1:98-cv-00126-JFM Document 792-13
- ", &, ~::%
Filed 04/16/2004
~'\
Page 13 of 19
:J.~
IN THE U. S. COURT OF FEDERAL CLAIMS
YANKEE ATOMIC ELECTRIC
JC CO.,
CO.,
\) \J\)
MAINE YANKEE ATOMIC POWER
CONNECTICUT YANKEE ATOMIC POWER
CO. ,
\J~ "
: No. 98- 126C
Plaintiffs:
vs.
UNITED STATES OF AMERICA
98 - 4 74C
98- 154C
Defendant.
~~J
Washington ,
D. C
Wednesday, August 27 , 2003
Continued Deposition of:
DR. JOHN BARTLETT
called for eJCamination by counsel for the defendant, pursuant to notice and
commencing at 9:30 a.
agreement,
at Department of
Justice,
1100 L Street N. W.,
before Virlana Kardash, RPR,
CSR, a Notary Public in and for the District of
Columbia, when were present on behalf of the
respective parties:
301
1825 I Street , N, Washington , D.
20006
JABS REPORTING , INC www,jabsreporting. com
(202) 296- 6102 (888) 805- 5227
01087
'/-
......... '-
~,- - - -
Case 1:98-cv-00126-JFM
Document 792-13
Filed 04/16/2004
Page 14 of 19
paper to confirm and design features and comparing
it to regulatory requirements.
I see.
Who did that scribbling or that
testing?
The support contractor, DOE I S
support
contractor.
Do you know who
tha, t
was?
Well, at the time it would have been
the TRW team.
Do you know -And now it is Bechtel- SAIC.
Do you know when tha t
I 90s, over a period of time.
was done?
It would have been done around mid
So after you were director at OCRWM?
Yes, the idea was conceived after I was
director.
It was evaluated and studied
during,
roughly, the mid
' 90s period.
How is it that you' re familiar with
that?
Well, it was made public; everything
about the program is
,Ii
public.
And I'
ve maintained,
309
1825 I Street , N. Washington , D. e. 20006
JABS REPORTING , INe.
1..---- -
(202) 296- 6102 (888) 805- 5227
01088
-Case 1:98-cv-00126-JFM Document 792-13 Filed 04/16/2004 Page 15 of 19
shall we say, knowledge of the program as a member
of the public through the work I was doing for EPA
where I would attend these meet ings where they
would report on what they were
doing.
So I just maintained cognizance of the
status of the program as an outsider as they reported it at
public. meetings.
Advisory
Committee on Nuclear Waste, NRC, Nuclear Waste
Technical Review Board
those were the usual
venues.
DbE and NRC also have periodic~ what they
call, technical
eJCchanges, which are
noticed and
are available to the public if you want to go to
the trouble.
So there I s lots
of opportunities if
you' re interested in maintaining cognizance of
what the status of the program
is.
storage
Okay.
Is the fact that you can't use
the same container for transportation
and transportation as you use for
dispos~l, is
that another reason why you need that lag
facility?
Uh- huh.
310
1825 I StTeet , N,
JABS REPORTING , INc.
U/UJUJ i"h~rpnortinO"
Washington , D, c. 20006
rom
(202) 296- 6102
(888) 805- 5227
01089
Case 1:98-cv-00126-JFM
Document 792-13
Filed 04/16/2004
Page 16 of 19
for everybody.
No attention to
it.
So did you take any ac~ions, while you
were director, to facilitate exchanges?
No.
Did you consul t wi th anyone in the
industry to dete~ine the
viability of exchanges?
It was discussed, as I
mentioned.
would meet periodically with this American
Committee on RAD Waste Disposal, which was a group
of CEOs of some of the principal
utilities.
And
we would talk about that, among these 18
and the shut- down issue, et cetera.
issues,
And it would be discussed as a concept to be
addressed at some appropriate
interested in it
time.
They were
they saw issues in implementing
it.
And they saw about as many issues as there
were members of the commi
t tee.
But it was definitely expected , on the basis
of what I heard at those meetings
that they would
be looking for some capability to do
that.
Okay.
I have a couple of questions for
you based on what you said.
When you talk about
509
1825 I Street , N. Washington
20006
JABS REPORTING , INC www, jabsreporting. com
(202) 296- 6102 (888) 805- 5227
01090
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Case 1:98-cv-00126-JFM Document 792-13
Washington, D.
':'
Page 17 of 19
Filed 04/16/2004
Lake H. BarrettCONrAINS CONFIDENTIAL INFORMATION PURSUANT TO THE PROTECTIVE ORDER May 14 2002
Page 1
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
YANKEE ATOMIC ELECTRIC
COMPANY, CONNECT
lv ,-
I cur YANKEE
Li e tifED Il r i
COpy
ATOMIC POWER COMPANY, MAINE
YANKEE ATOMIC POWER COMPANY,
: Case No. 98- 126C,
: 98- 154C,
Plaintiff,
vs.
UNITED STATES OF AMERICA,
98- 474C
: (Senior Judge Merrow)
Defendant.
: Volume I
Washington, D . C .
Tuesday, May 14 , 2002
, 14
Deposi tion of LAKE H. BARRETT, a
witness herein, called for eJCamination by
for the Plaintiffs in the above-entitled
counsel
sworn,
matter,
pursuant to notice, the witness being duly
taken at the offices of Spriggs &
Hollingsworth,
1350 Eye Street, N. W., Washington, D.
commencing at 9:30 a. m., Tuesday, May 14, 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
Alderson Reporting Company, Inc. AM' 1 QOOT;'()ILDH;PO Washington 111114th Street, N. W. ro , DC 20005
01091
, "
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,'
Case 1:98-cv-00126-JFM
Document 792-13
Washington
Filed 04/16/2004
Page 18 of 19
Lake H. B31Tett CONTAINS CONFIDENTIAL INFORMATION PURSUANT TO THE PROTECTIVE ORDER May 14 , 2002
Page 174
MS~ HERRMANN:
Objection.
Vague.
Speculation.
That that could have been done?
It could have been done.
Okay.
It technically could have been done.
Now, you again -- some of these things
I know we touched on earlier
m just attacking
it from a different angle here.
You mentioned earlier today shipping
campaigns.
Do you recall that?
Yes.
Now
would you agree that there are
advantages to shipping campaigns versus moving
over only a small number of assemblies at a time?
Yes.
Would you agree that one of the
important advantages of shipping campaigns is that
efficiencies in transportation operations tend to
be realized?
MS. HERRMANN
Obj ection.
Vague.
Yes.
Okay
and would you agree that
as cask handl
repe tit i ve operations such decontamination ,
loading
ing ,
receipt and turnaround,
Alderson Reporting Company, Inc.
1111 14th Street , N. W. Suite
Ifi\i\
Qi\i\
L'rm TH)n" Washington , DC 20005
01092
-Case 1:98-cv-00126-JFM Document 792-13
Washington , D.
Page 175
Filed 04/16/2004
Page 19 of 19
Lake H. Barrett CONTAINS CONFIDENTIAL INFORMATION PURSUANT TO THE PROTECTIVE ORDER May 14 , 2002
are all more efficiently accomplished per cycle in
a campaign versus individual cask transport?
MS. HERRMANN:
Qbj ection.
Vague
compound.
Yes. Okay.
Now
Good.
today I believe you
. also earlier
testified that you thought it was possible
looked at I think it was Page 8 from one of the
ACRs which had the oldest fuel first queue, if you
will. Do you recall , that?
Yes.
And the question
was, do you think it I s
possible that when DOE commences fuel acceptance
in 2010 or some other time tpat that queue, with
minor variations that we put to one side for
purposes of the earlier que~tion and I will put
aside here, did you think it was possible that
that queue would be the actual sequence of pickup
of spent fuel.
Yes.
Do you recall that?
And you said you thought that was
possible?
It was possible.
Unlikely.
Unlikely.
Tha t would be my next
Alderson Reporting Company, Inc.
1111 14th Street , N. W. Suit&'
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r-rm ') Washington , DC 20005
01093