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

--- -- - --- - -- --- - - - ~-- -- - -- - - ..

Case 1:98-cv-00126-JFM

Document 792-12

Filed 04/16/2004

Page 1 of 25

Victor Trebules
b.'- 4f,

In the u. s. Court of Federal Claims

--x
Yankee Atomic Electric Co.,
et al
: NO. 98- 126C

98- 154C
98-474C
united States of America

--x

April 19,

2002

~:l
13

DEPOSITION OF:
Victor W. Trebules,

Jr.
notice,

a witness, called by counsel pursuant to

commencing at 9: 00 a. m., which was taken at

Sprig9s and Hollingsworth, 1350
Washington, DC

I St., NW,

01050
Esquire Deposition Services

800-441-3376

, '

. .

..

Case 1:98-cv-00126-JFM

Victor Trebules 04/16/2004 Document 792-12 Filed

Page 2 of 25

Page 5
agree that at the time that you were working on the plan in 1984 and 1985 it was an objective of the

spent fuel program that that program be operated in
an econ~mically efficient manner?

MR. , SHULTIS: .
economically efficient.
1: .

Objection as to
:vague.

It. 5.

believe we said words to

that. effect in

~h~ mission .

plan, ' thatt s

correct.

W~y was that an objective?

To the best .
we used phrase~

of my

recollection, I think

l~ke fid~ciary ~esponsibility.
ogram felt that they had an

. People working . iQ. . the

obligation to try to ' execute . the program
efficiently and ezfectively..
Why was tbat.

an objective?

We knew ' the program ~as going to cost a
lot. of m9ney

over ' i ts-Ilfetime.
~pin~on that the pe~pte

I gue ~s it. s my '

felt they ou.9ht to
out that program.

t~y to be efficient in ,carrying
out the mission plan which I
you would, please.

Let. s pull
think is exhibit

. six, if

Esquire Deposition Services

1-8QO-441-33 7 6

01051

....: "

,)
Case 1:98-cv-00126-JFM Document 792-12 Filed 04/16/2004 Page 3 of 25

Victor Trebules
Page 57

Reporter'

s Certificate

I, the undersigned, Certified Court

Reporter,

do hereby certify that the foregoing transcript of

testimony was taken by me in stenotype and
thereafter reduced to print under my direction,
that said transcript is

a full, true and

substantially accurate record of the
to the best of my ability.

proceedings,

10
I do further certify that I am neither counsel for, related to, nor employed by any of the parties
to the action in which this depos ition was taken;

and, further, that I am not a relative or employee of any attorney or counsel employed by the parties

hereto, nor financially or otherwise interested
in the outcome of the action.

. 20

Certified Realtime Reporter

Esquire Deposition

Services
01052

800- 441-3376

: :. ') .~' "~'

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- - - - - - - - - - - - - - - Case 1:98-cv-00126-JFM Document 792-12 Filed 04/16/2004 Page 4 of 25

...

-"7"

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
- x

YANKEE ATOMIC ELECTRIC COMPANY;

~(Q)~V; : Case Nos. 98-126C,
: 98-154C, 9B-474C,

CONNECTICUT YANKEE ATOMIC POWER
COMPANY; MAINE YANKEE ATOMIC
POWER COMPANY; FLORIDA POWER &

98","483C,

98-484C,

98-485C, 98-486C,

LIGHT COMPANY; NORTHERN STATES

98-488C, 98-614C,
98-621C, 99-'-447C,
OO~440C,

POWER COMPANY; DUKE POWER, a
Di vision of DUKE ENERGY CORP.

00~695t,

INDIANA MICHIGAN POWER COMPANY;

: 0O-703C, OI-115C,

SACRAMENTO MUNICIPAL UTILITY

01-116C, 01-249C

(Caption continued on the next

page)

Deposition of LAKE H. BARRETT

Washington, D.

C.

Monday, April 22, 2002

9:31 a.
Job No. : 11792-4

Pages 1 through 272, Volume

Reported by:

Diane Gomez, RPR(

01053

LA.D.

REPORTING

COIVIYA1~:I , JT~~.
3410

1100 Connecticut Avenue, NW . Suite 1150, Washington, D. C. 20036 . 202. 861. Fax: 202. 861. 3425 . 800. 292. 4789 . Website: ladreporting. com. E-mail: lisa~ladreporting. com

NATIONWIDE COURT REPORTERS AND VIDEOG~APHERS

..-

Case 1:98-cv-00126-JFM

Document 792-12

Filed 04/16/2004

Page 5 of 25

DEPOSITION OF LAKE H. BARRETT, VOLUME 1 CONDUCTED ON MONDAY, APRIL 22, 2002

000 that existed was chosen in consideration with

the production rate, you know, the cost and the
transportation and the other issues

involved.

So based on your prior

testimony,

Mr. Barrett, the '

000 rate would be consistent with

your understanding of the intent of the act to reduce over a rea$onable period of time the backlog of spent

nuclear fuel throughout the nation, correct?
MR. CRAWFORD:

Obj ectioh, speculation.

Obj ection, foundation.

Yes.
MR. CRAWFORD:
MR. CAYNE:

Can we take a break here.

Certainly.

(There is a recess from the record.
Mr .

Barrett, how long did you hold the

director position that you discussed?
The division director?

Yes.
I don t recall.

Somewhere -- when I

first,

came to the department, so that would have been ' 85

spring of ' 85 think. I don
(301) 762-

until I was assigned to be QA director I

t know, a couple of

years.
288- 0026

8282 (202) 861-3410 (800) 292-4789 (703)
01054

D. REPORTING COMPANY, INC.

Case 1:98-cv-00126-JFM Document 792-12 H.Filed 04/16/2004 Page 6 of 25 DEPOSITION OF LAKE BARRETT, VOLUME 1 CONDUCTED ON MONDAY, APRIL 22, 2002

270
CERTIFICATE OF SHORTHAND REPORTER - NOTARY PUBLIC
I, Diane Gomez, Registered Professional

Reporter,

the officer before whom the foregoing proceedings were
taken, do hereby certify that the foregoing transcript
is a true and correct record of the proceedings; that

said proceedings were taken by me stenographically and
thereafter reduced to typewriting under my

supervision; and that I am neither counsel

for,

related to, nor employed by any of the parties to this

case and have no interest, financial or otherwise, in
its outcome.

IN WITNESS WHEREOF, I have hereunto set my hand

and affixed my notarial seal this 25th day of

April,

2002.
My commission expires:
June 14, 2005

NOTARY PUBLIC IN AND FOR

THE DISTRICT OF COLUMBIA

01055

(301) 762-

8282 (202) 861-3410 (800)

L. A. D. REPORTING COMPANY, INC.
292-

4789 (703)

288-0026

,..") ~ . ..

..

';';'" " ~~'!, '.:'

)'
Case 1:98-cv-00126-JFM Document 792-12 Filed 04/16/2004 Page 7 of 25

Susan Klein
Page 1

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

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ~-----x

MAINE YANKEE ATOMIC POWER COMPA~Y (98- 474C)(Merow, S.
FLORIDA POWER

CONNECTICUT YANKEE ATOMIC POWER COMPANY ( 98 - 15 4 C) (Mero~, S

. J. )

NORTHERN STATES POWER COMPANY
(98- 484Cffwiese, J.
DUKE POWER, a Division of DUKE ENERGY CORP.

(98- 483C)

& LIGHT COMPANY

(Wilson, J.

INDIANA MICHIGAN POWER COMPANY
(98- 486C)(Hodges, J. (98- 488C) (Yock, S. (98- 614C) (Merow,
(9 8 - 6 2 1 C) (H
ew i t t

(98- 485C)

(Sypolt, J.

SACRAMENTO MUNICIPAL UTILITY DISTRICT
SOUTHERN NUCLEAR OPERATING COMPANY

COMMONWEALTH EDISON COMPANY

J. ) ) S. J.

, et ale

BOSTON EDISON COMPANY
(00- 440C)(Bush, J. WISCONSIN ELECTRIC POWER COMPANY : (00- 697C)(Merow, S.
POWER AUTHORITY OF THE STATE OF NEW YORK

, J.

GPU NUCLEAR, INCORPORATED

(99- 447C)

(Allegra, J.

VOLUME

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

(00- 703C)(Damich, J.

TENNESSEE VALLEY AUTHORITY : (Judge
(01~ 249C) (Bruggink,

(O1- 116C) (Sypolt, J.

:Judge:
:Sypolt)
: P~GES

Plaintiffs,
J.
01056

:1 - 274

Esquire Deposition Services

800-441- 3376

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Case 1:98-cv-00126-JFM

Document 792-12

Filed 04/16/2004

Page 8 of 25

Susan Klein

Page 2

THE UNITED STATES,

Defendant.

Deposition of Susan Klein
Washington, DC

Wednesday ,
c:~)

April 24,

2002

Reported by:
JOB NO.
Esquire Deposition

Denise Dobner Vickery, RMR, CRR

144539
Servic~
01057

800- 441- 3376

:)
Case 1:98-cv-00126-JFM Document 792-12 Filed 04/16/2004 Page 9 of 25

Susan Klein

Page 245
My -MS . POWELL :

Well -You don' t have to say

THE WITNESS:

anything.
opportuni ty .

m just waiting for you to have the

My understanding is that at the time we
came up with that figure, that was approximately the
utility discharge rate and that we took 70, 000 metric

tons and divided it by

25.

Both those reasons gave us

the 3, 000 and then we had 4,

6, 12,

too, as a ramp-up

period, less transportation and all
BY MR. HIRSCH:

that.

Let. s
minute.

talk ~bout the first reason fdr a

The utility discharge -- strike

that.

The DOE had looked at the utility discharge

rate?
That. s
what I was informed

of.

I didn' t

personally do that.
And is it correct generally that the 3, 000

metric ton rate would equal the discharge rate plus
some amount to get rid of the backlog of spent nuclear

fuel?
Esquire Deposition Services

800- 441-3376
01058

--" ...

Case 1:98-cv-00126-JFM

Document 792-12

Filed 04/16/2004

Page 10 of 25

Susan Klein

Page 246
MS. POWELL:

m just going to note for

the record that w~ off&red Mr. Pollog on I think -- I

think that you'
answer.

re talking about this topic, but you can

THE WITNESS:

I don' t

remember.

I wasn' t

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 J, OOO rate

would keep up with the utility discharge rate?

A.

Yes.

that correct?
Uh- huh.
And

then

guess

you mentioned

the other

reason or rationale. I' m sorry.

What was the second

rationale?
70, 000 metric tons, which is how much we'
Esquire Deposition Services

800-441-3376
01059

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Case 1:98-cv-00126-JFM

Document 792-12

Filed 04/16/2004

Page 11 of 25

Susan Klein

Page 247
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 xeasons, 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?

Object to beyond the

scope,

but you can

answer.
THE WITNESS:

I understand there are lots
s transportation issues.

of ramp-up

issues.

There'

There' s utility interface issues.

Casks..

I mean,

that could affect it, but that was our planning and

what we' d like to do is be able to do that at 3, 000.
But I know there' s 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
wouldn' t operate the facility at a 3, 000 metric ton
Esquire Deposition Services

1-800-441-3376
01060

(..
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Case 1:98-cv-00126-JFM

Document 792-12

Filed 04/16/2004

Page 12 of 25

Susan Klein

Page 248

rate
No, I' m not.
-- over the life of the facility?

No, I I m not
do that.

aware of any reason we would not

All right.
little earlier.

You got or we saw this maybe a

In order to open by

2010, does the

DOE need to essentially build a rail line from the
existing rail line in Nevada to the repository?

10
but you can

MS. POWELL:

Objection, beyond the

sc6pe,

answer.
THE WITNESS:

That I S one of the
The other is

possibilities is building a ~ail line.
some sort of system through
Lincoln County, Nevada.

to have -- I know one of the counties wanted to have

there.

I think it I
t made the

To have a transportation truck

centrally located site.
dec is ion

So we haven

yet.

Mostly rail is our preferred
t decided the routes and the

alternative, but we haven

methods.
BY MR. HIRSCH:

So, well, is there -- is it correct that
Esquire Deposition Services

800- 441-3376
01061

Case 1:98-cv-00126-JFM

Document 792-12

Filed 04/16/2004

Page 13 of 25

Susan Klein
Page 251
BY MR. HIRSCH:
I I m going to -- you can look at whatever part
of it you

I d like.
No, I did look at the overview, but this part

A.

I had no input

in.
What I I d like
to refer you to is page
Do you aeS

Okay.

2 of the document.

on page 32 there I s a

table Annual Repository Receipt Rates?

Uh- huh.
And does this table reflect the 400, 600,

1200, '

000, 3, 000
Yes.

metric ton rates that you previously

identified?
13.

Does this also show the
extending on from 2015 till 2032?
Yes, it does.
MR. HIRSCH:

3, 000 metric ton rate

23.

Thereupon, the reporter marked for

identification Deposition Exhibit
BY MR. HIRSCH:

No. 23.
marked

Ms. Klein, I I ve handed you what I s been
as Klein Deposition Exhibit
Esquire Deposition Services

23.

It I S . a

document

800-441-3376
01062

Case 1:98-cv-00126-JFM

Document 792-12

Filed 04/16/2004

Page 14 of 25

Susan Klein

Page 254
will you look at the table located on page
14 of this document.

. Let me

just ask

you.

. Is

correct that Exhibit 16 is the last version of the
total system life cycle cost report that the DOE has

issued?
MS. . POWELL:
Objection to beyond the

scope, but if you know~ you can
THE WITNESS:
BY MR. HIRSCH:

answer.

I believe

so.

And does this table
:Yf()

that. s part of Exhibit

show that the DOE is proj ecting that it will remove

spent nuclear fuel from utilities at a rate of 3, 000

metric tons from the period 2014 through 2039?
MS. POWELL:

Same objection, but you can

answer.
THE WITNESS:
BY MR. HIRSCH:

Yes.

As targets only,

yes.

And then the prior years 2010 through 2013
reflect a

400, 600, 1200, 2, 000

ramp-up rate that you

provided earlier?

Yes.
Is that correct?
Esquire Deposition Services

800-441-3376
01063

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Case 1:98-cv-00126-JFM

Document 792-12

Filed 04/16/2004

Page 15 of 25

Susan Klein

Page 255
Tha t

8S

correct.
8 s

Do you have any reason to believe that this
removal rate that

set out in this table is not the

DOE 8 S current estimate for the rate it

intends to

operate at?
I do not know that this is -- this was done in

May 2001.

I wouldn~ t know necessarily that the

Secretary or the General Counsel or the Under Secretary

would be aware of these planning numbers that OCRWM has

given.
per iod .

So~ and we have never asked the official DOE

position on what they plan to do after that 10- year
So, I mean.

All ' right.

Exhibit 16
only.

--

But it is c1early in there as something that
OCRWM has said as a target

All right.
Yes, it was.

And that Exhibit 16 was relea~ed

to the public and to Congress and to all utilities?

I~ that correct?
Yes, it was.

That Exhibit 16 shows the DOE performing at
the 3, 000 rate from 2014 through

2039?
800- 441-3376

, Esquire Deposition Services
01064

Case 1:98-cv-00126-JFM

Document 792-12

Filed 04/16/2004

Page 16 of 25

Susan Klein

Page 272
CERTIFICATE OF NOTARY PUBLIC

I, Denise Dobner Vickery, 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 in stenotypy
and thereafter reduced to typewr

i tinq under

my

direction; that said deposition 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 action in which th~s deposition was

taken; and, further, that I am not a relative or
employee of any attorney or counsel employed by the

parties hereto, nor financially or otherwise interested

in the outcome of this

action.

Notary Public in and for the
District of Columbia

My Commission expires:

January 15,

2003

Esquire Deposition Services

800-441-3376
01065

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..

Case 1:98-cv-00126-JFM

Document 792-12

Filed 04/16/2004

Page 17 of 25

Susan Klein (vol 2)
t- iJK

Page 275
IN THE UNITED STATES COURT OF FEDERAL CLAIMS --------x YANKEE ATOMIC ELECTRIC COMPANY

(98- 126C) (Merow, s. J. )
CONNECTICUT YANKEE ATOMIC POWER COMPANY

(98- 154C) (98- 474C)

(Merow, S.

MAINE YANKEE ATOMIC POWER COMPANY
(Merow, S.

FLORIDA POWER & LIGHT COMPANY
(98-483C) (Wilson, J.

NORTHERN STATES POWER COMPANY

(98- 484C)
(98- 485C)

(Wiese, J.

DUKE POWER, a Division of DUKE ENERGY CORP.
(Sy~olt, J.

INDIANA MICHIGAN POWER COMPANY

(98- 486C)(Hodges, J.
SACRAMENTO' MUNICIPAL UTILITY DISTRICT

(98- 488C)(Yock, S.

i:.

SOUTHERN NUCLEAR OPERATING COMPANY , et ale (98- 614C) (Merow, S.

COMMONWEALTH EDISON COMPANY

(98- 621C)(Hewitt, J.
BOSTON EDISON COMPANY (99- 447C) (Allegra, J. GPU NUCLEAR, INCORPORATED ( 00- 44 OC ) (Bush, J. WISCONSIN ELECTRIC POWER COMPANY

(00- 697C)

: VOLUME

(Merow, S.
J.

. POWER AUTHORITY OF THE STATE OF NEW YORK

II

(00- 703C) (Damich ,
(01- 115C)(Bush, J.

OMAHA PUBLIC POWER DISTRICT NEBRASKA PUBLIC POWER DISTRICT

(01- 116C)

Discovery
: Judge: : (Judge
: PAGES

(Sypolt, J.

TENNESSEE VALLEY AUTHORITY

J 01- 249C) (Bruggink, J.
j..,., , c

Plaintiffs,

Sypolt)

:275 - 533

Esquire Deposition Service~

01066

800-441 ~33 76

...

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-- - - Page 18 of 25

Case 1:98-cv-00126-JFM

Document 792-12

Filed 04/16/2004

Susan Klein (vol
.i

Page 276

THE UNITED STATES,

Defendant.
-----X

Deposition of Susan Klein

Washington, DC

T~ursday, April 25, 2002

Reported by:
JOB NO.

Denise Dobner Vickery, RMR , CRR

144540
01067

Esquire Deposition Services

800-441-3376

;.,

, " ;';

Case 1:98-cv-00126-JFM

Document 792-12

Filed 04/16/2004

Page 19 of 25

Susan Klein (vol
Page 285
No.
The one we were just looking

at.

The volume

2 of the DOE viability assessment from December of ' 98.

Okay.

Uh- huh.

And in particular, I think we were looking
yesterday at the table on page 3-

Yes.
And

Those are approximately.

I think there was a

1900 not an 1800 in our requirements document.

t'

Okay.

But they I re based

on -- they ' re

based on these

receipt rates, annual repository receipt rates in Table

And this table shows a receipt rate of 3, 000

starting in 2014 and I guess running until 2032 on

17

this -Yes.
-- table?

That I S correct.

And I' m sorry.

Your clarification after

checking with your office this morning with respect to

Esquire Deposition Services,
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Case 1:98-cv-00126-JFM

Document 792-12

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Page 20 of 25

Susan Klein (vol 2)
Page 286
0-1

the rate was what?

Was that the rate here in this Volume 2 of the

VA, Exhibit 22, in Table 3~1 is the correct rate for
our plan~ing purposes.

What we plan, how we plan, the

rate at which we plan to accept spent fuel at the

repository.
And that is a rate that would ramp up to 3, 000
by 2014 and continue on at 3, 000 until 2032; is that

correct?
Yes,

that' correct. 2033. Through 2032. think you mentioned your previous answer
the
DOE?

system requirements document put out
Yes.
MR. HIRSCH:
exhibi t which we

We' ve previously marked an

I 11 get back to.

Let I S go ahead and

look at

that,;

27.

(Thereupon, the reporter marked for

identification Deposition Exhibit
THE WITNESS:

No. 27.

Yes.

BY MR. HIRSCH:

Ms. Klein?
Yes.
Esquire Deposition Service~

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Case 1:98-cv-00126-JFM

Document 792-12

Filed 04/16/2004

Page 21 of 25

Susan Klein (vol 2)
Page 535
CERTIFICATE OF NOTARY PUBLIC

I, Denise Dobner Vickery, 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 in stenotypy
and thereafter reduced to typewriting under my direction; that said deposition 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 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 hereto, nor financially or otherwise interested

in the outcome of this

action.

Notary Public in and for the
District of Columbia

My Commission expires:

January 15,

2003

Esquire Deposition Services

800- 441-3376
01070

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Case 1:98-cv-00126-JFM
Alan Brownstein

Document 792-12
McLean, VA

Filed 04/16/2004

Page 22 of 25
April 11

2002

Page 467

IN THE UNITED STATES COU~T OF FEDERAL CLAIMS

YANKEE ATOMIC ELECTRIC COMPANY

(98-12 6C) (Merow, S.
CONNECTICUT YANKEE ATOMIC POWER COMPANY

(98-154C) (Merow, S.
FLORIDA POWER & LIGHT COMPANY
(98-483C) (Wilson,

J~)

NORTHERN STATES POWER COMPANY

(98-484C) (Wiese,
DUKE POWER, A Division of
DUKE ENERGY CORP.

.13

(98~485(:) (Sypolt, J.

CerIIed

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 , S.

J.

COMMONWEALTH EDISON COMPANY

. (98-621C) (Hewitt,

J.

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

GPU NUCLEAR , INCORPORATED
,"",wm."",

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Alderson Reporting Company, Inc. 1111 14th Street, N. W. Swt", 400 1-800..,POR.,DEPO W.ashington, DC 20005

01071

- - - - - - - - - - - Case 1:98-cv-00126-JFM
Alan Brownstein

---------

. .

Document 792-12
McLean, VA

Filed 04/16/2004

Page 23 of 25
April 11 ,

2002

Page 468

(00-440C) (Bush, J.

WISCONSIN ELECTRIC POWER COMPANY

(00-697C) (Merow, S. 0'.
POWER AUTHORITY OF THE STATE OF NEW YORK

(00- 703C)

(Damich, J.

OMAHA PUBLIC POWER DISTRICT

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

(01- 116C)
10.

(Sypolt, J.

TENNESSEE VALLEY AUTHORITY

(01- 249C)

(Bruggink, J.

Plaintiffs,
Discovery
THE UNITED STATES,

Defendant.
McLean, Virginia

: Judge:

: (Judge
x S

ypo 1 t )

Thursday, April 11, 2002
Continued deposition of ALAN
BROWNSTEIN , a witness, recalled for examination

by counsel for Plaintiffs in the above- enti

tied

matter, pursuant to notice, the witness being

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

Virginia, taken at the offices of Shaw

Pittman,

Alderson Reporting Company, Inc. 1111 14th Street, N. W. Suit~ ,mn LIlM-p(")D-m~D(") UT..~hington, DC 20005

01072

Case 1:98-cv-00126-JFM
Alan Brownstein

Document 792-12
McLean, VA

Filed 04/16/2004

Page 24 of 25

Aprilll , 2002

P8$e 516

date at the

top.

Which is?
December 31st, 1991.

Okay.
During that time, the M&O was the

:principal, and that was
Does it.

TRW.

appear to you that this

document, Exhibit 46, was prepared by TRW?
I don t know.

Was TRW involved in the ACR issues
resolution process?

I, I think by this

time, they,

through

one of their subs, they were; one of their

subcontractors.
Which sub6ontractor is that?
That would have been

JAI.

17

And by December 1991 , was Mr. Billy
Cole working for JAr?

Yes, to the best of my

recollection.

You see in the first sentence of this

document , Exhibit 46, it says this standard

disposal contract which.

defines the spent

nuclear fuel and high-level radiQacti ve waste

acceptance process was unfortunately developed
in such a way that the terms and conditions

Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite4001:8QQ-FOR.,nHPfI Washington, DC 20005

01073

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.. :Page 25 of 25

=', ;.

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Case 1:98-cv-00126-JFM
Alan Brownstein

Document 792-12
McLean, VA

Filed 04/16/2004

. April 11,

2002

Page 517

- contained numerous omissions, inconsistencies,

ambigui ties and contradictions? Yes.
An OCRWM reVlew of the Standard
Disposal Contract identified 34 issues requiring
resolution before waste acceptance could begin
Just a second.

Sure.
(There was a pause in

the

proceedings.
THE WITNESS:

m sorry.

BY MR. HIRSCH:

Would you agree that the standard

contract contained

omissions, inconsistencies,
Obj ection
Calls for a

ambigui ties and contradictions?
MR. - BANES:

legal conclusion.
THE WITNESS:

To the extent that the

lssues that the utility representatives and we
agreed, which were I think the series of 34,

and

that is probably the right number, those
cbuld b~ characterized in that
BY MR. HIRSCH:

grouping.

There were 34
this document?

issues identified in

,"",w.,.,"".

Wi

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01074