hand said we are relying upon this the testimony of this witness who internalize on the through thousands right and then at the same time the fourth step on the record before it it could not determine a rate of answered ninety ninety seven it would cost twenty million dollars to complete its dry storage facility and then once the few was put into dry storage that there would be a seam between west storage and dry storage but between ten to twenty million dollars the bulk of which had already been invested in other words there was a small relatively small going forward cost to a big payout so even assuming just rigor as you said that the corp was without the bridge to do that we know that there was a payback now so the question really is what smudge would have done the but for work that's exactly right and there's no reason on this record to think so we don't need to rely on the your real world arguments that you were giving us a moment ago well no you are because there's no reason to think on this record that someone would not have performed it at a concert in the budget for the world as i said earlier smug was in the business of mass but there certainly is a lot more on this record isn't there there's certainly more evidence in this for every one of them there is no there was no evidence in this record to suggest that in a world without a breach smug would not have been performing  machine the question then is to ask for the rest through the years they had trouble with their drug stores largely because it was a first of its kind facility one of the first in the russell because of what the trucks were didn't do was just say ok what is the consequence of the monetary consequences there is rector's evidence in the record that shows it would have cost up to five an endeavor that utility with not have wanted in the world isn't the right call here to remain and then tell the court to consider the but for world with of course the facts of the real down by nearly forty billion dollars and one of the ways in which it took the race question outplayed us measure it by saying that under any great slide you would still be holding you all through the entire damage years and because of be and simply relented fuel in the web tool and waited for the government to perform but doesn't there need to be a little consistency here amongst these cases we've got to we've got more behind them to the that's  government perform and the slug challenges only three of the oval office and that for the on site of a certain labor is for the dual purpose components of the system and as for the non its own labor it has two choices if you go out and hire an outside contractor or they can use it staff or more knowledgeable understand the system is in play a match with smyth did and if want to go out and hire outside offset in this case jeff brady concluded that the precise technology had to be reasonably foreseeable at the time of contract formation nine hundred eighty three and we think that's the wrong legal standard and we think it's wrong that the legal standard is whether or not the type of law is reasonably foreseeable and every other or tell that the time contract formation if the government are going to breach it's reasonably foreseeable utility would have to develop its own alternative system to store so it's not a precise technology that have to be foreseeable and the i think are very very clear that in fact in this case it was irrespective in other words not a question of what is offered but a question of whether or not smog is in time to any of these costs associated with the continuation of the pursuit of its price and i would add to  selling their dismantling and it's why of these two hundred fifty six employees two hundred forty of them spent less than half time on the drive to work product that was the basis of the trial court's office so they spent more than fifty percent of their time over a twelve year period that was the basis of the court's application fifty percent will these employees spend more than half their time doing other things on the side primarily decommission so the trial for conclusion that had smug started developing a dry storage system slaughterer do this work the worst for four hundred eighty was an eighty percent reduction in staff during that period or so the notion that people were sitting around idle if they weren't working on mitigation