--- -- - --- - -- --- - - - ~-- -- - -- - - ..
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
: :. ') .~' "~'
\ )
- - - - - - - - - - - - - - - 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
\;;._' ...-'
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
;;)
. ,
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
(..
, '
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
-.
~.
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
"...
~'
, .:'-~",:: ~ '::'"
..
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
...
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
-- - - 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,
01068
800- 441-3376
Case 1:98-cv-00126-JFM
Document 792-12
Filed 04/16/2004
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~
01069
800-441-3376
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."",
""".,;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
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Wi
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111l14thStreet,N. W -
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01074