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Case 1:98-cv-00126-JFM
Document 780-6
Filed 04/06/2004
Page 1 of 9
,,1'
IN THE U. S. COURT OF FEDERAL CLAIMS
- x
YANKEE ATOMIC ELECTRIC
CO,.
CO., ' o:.\\~\\.\)
~\J~'\.
MAINE YANKEE ATOMIC POWER
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 examination by counsel for the
defendant, pursuant to notice and
agreement,
commencing at 9:30 a. m., 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:
i J
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Case 1:98-cv-00126-JFM
Document 780-6
Filed 04/06/2004
Page 2 of 9
you interpret it in another way?
Well, at this point I can say no one ever
expected OFF to be used as an actual implementation
method.
Before we go any further with that, let me
talk just about what the contract provides, and then
m going to ask you about
that.
Do you know whether the contract provides
any other sequence by which spent fuel could be
accepted?
MR. SHAPIRO:
Objection. Vague.
BY MS. HERRMANN
Do you understand the question?
I understand the question.
I believe it
does not.
m sorry.
Your answer was it does not?
I believe it does not specify any other
approaches.
m going to refer you now to article IV
BS of the contract, Roman Numeral IV.
Is that on page 10?
I believe that I s on page 10.
157
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Case 1:98-cv-00126-JFM Document 780-6 Filed 04/06/2004 Page 3 of 9
In a sense, yes.
to commi t anybody.
Yes.
They are not meant
They were not a basis for
It was just widely
program action or anything.
recognized that this would be a very inefficient way
of doing things, and it would be far better to have
a system where you, well, frankly, campaigned and
made effective use of the resources of the
system;
but at the time it was all very qualitative, you know, how should this system run, because it was
very premature to even think about those details
because we didn I
t have
an MRS.
We didn' t know what
it was going to look like or what the reactor fleet
was going to
do.
So really while you were director, you
didn I t
know one way or the other whether the OFF
method was going to happen?
That I S right.
Did you do any studies or anything while
you were director, or were you responsible for
any
studies as to whether the OFF system would work?
Specific studies,
no.
General studies?
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Case 1:98-cv-00126-JFM
Document 780-6
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Page 4 of 9
Well, I mean there were no reports or
studies done.
It was qualitative discussion of the
inefficiency of the OFF system and an expectation
that implementation would in fact involve some kind
of a SWAPS system or something like that to make it
more effective.
. 7
Have you reviewed the administrative
record for standard contract rulemaking for this
contract?
No.
And I know you had already told me before
that you werenlt involved at all in drafting the
contract?
That'
s right.
I I m going to move now to the
All right.
Exhibi t 1,
next sentence in your report.
page 1.
m back on
And the next sentence is, I have
been asked to present my opinions on what the proper
pace and schedule should have and would have been
had the government not breached its obligation to
start accepting spent fuel by January 31, 1991.
Are you wi th me?
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Case 1:98-cv-00126-JFM
Document 780-6
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Page 5 of 9
MR. SHAPIRO:
MR. MILLER:
MS. HERRMANN
I think you misread.
Yeah.
You said 191.
I apologize.
1998.
Thank
you for correcting me.
BY MS. HERRMANN:
Can you tell me what you mean by
proper pace" in that sentence?
the
It'
basically.
s a pace to avoid inventories at
reactors that would force them to shut down
That would be the core
issue, taking it
I t build
up
fast enough so that the inventories don
that the utilities have to add additional storage
.'.1
capacity or shut down.
So " proper" in the broadest
sense is to avoid disrupting the operation and the
industry and generation of power.
So when you say " proper, "
you
I re not
saying that that is required by the contract?
No.
Would you consider your opinions on what
is the proper pace expert opinions?
I think so, yes.
And on what do you base your expert
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Case 1:98-cv-00126-JFM
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Document 780-6
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Page 6 of 9
opinion on that?
relying on?
Essentially what expertise are you
My knowledge of and ability to deal with system studies and this presumption, if you
will,
that the industry should not be disrupted as a
result of failure to remove spent fuel at an
adequate rate.
Q. , When disrupted --
you say the industry should not be
No shutdowns forced or reactors that are
already shut down prevented from going into
decommissioning.
Do you - - is
part of your opinion
strike that.
Are you of the opinion that the standard
contractu requires DOE to prevent reactors from
having to shut down?
MR. SHAPIRO:
Objection.
Vague.
BY M8.. HERRMANN:
Do you understand my question?
I have no
- - no sense of that.
I re answering,
164
I I m not sure which part you
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Case 1:98-cv-00126-JFM Document 780-6 Filed 04/06/2004 Page 7 of 9
so I I m going to make it more
clear.
Please.
Does the standard contract require DOE to
ensure that
reactors, will not have
Obj ection.
to shut down?
MR. SHAPIRO:
Vague.
BY MS. HERRMANN
Do you understand my question?
I I m sorry. ' Could you please repeat it
again?
Of course.
Does the standard contract
require DOE to prevent reactors from having to shut
down ?
MR. SHAPIRO:
Same objection.
THE WITNESS:
MS. HERRMANN
Does it require it?
Yes.
m not
I don't think it
THE WITNESS:
addresses it.
MS. HERRMANN:
BY MS. HERRMANN
Okay.
You also mentioned for shutdown
reactors - -
actually, why don
ItI
ask you again.
not
165
You gave me two reasons.
One had to do wi th
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Case 1:98-cv-00126-JFM
Document 780-6
Filed 04/06/2004
Page 8 of 9
having to shut down early.
shutdown reactors.
The other aspect was for
Would you explain to me what the
issue is for shutdown reactors?
If the shutdown reactors are seeking to
decommission and they still have spent fuel, they
6'
have to maintain the spent fuel storage
capability,
which is a very expensive proposition, and it
prevents them from effectively decommissioning the
site.
They can tear down the reactor, perhaps, but
they have to maintain security,
safety, operability
of the spent fuel storage facility at the
site.
And
of. course in each case it t S a pool ,
and security significant.
Where do you
and pool
maintenance is very expensive and labor- intensive
get your knowledge of the
decommissioning requirements on utilities?
One of the -- several of the studies I did
while at SCNA for EPA and NRC were directed at
requ1rements for decommissioning reactor
plants.
Did you reference any of the material that
you accumulated while you were doing that study in
preparing this report?
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Case 1:98-cv-00126-JFM
Document 780-6
Filed 04/06/2004
Page 9 of 9
THE WITNESS:
no one made any
exchanges, you' re not necessarily left with the
OFF schedule.
BY MS. HERRMANN:
What are you left
with, sir?
receipt as
Going to the reactors in accord with a
change in their need or desire for
opposed to using strictly the OFF
don I t
schedule.
They
have to exchange.
Does the standard contract provide for
what youl ve
just told me?
The standard contract provides wiggle
room on every
aspect.
It sets the OFF schedule as
a paradigm, as a baseline, but it provides
for
for
swaps, it provides
shut- down.
reactors, '
et
cetera.
All of those possibilities are
there.
Would you take a look at Exhibit No.
please, which is the contract, and point me to
where it provides for the system that you' ve
just
told me about, where DOE
-- I '
actually going to
- look back at it again on the
record.
383
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