(1)    How does that help with advances in technology? Maybe we should do that and ask “was it foreseeable?” if you touched it again, hold to literal language unless something impossible to foresee: change in technology, etc.
(2)    Problem: We’ll now fight over what was foreseeable.
(3)    Do you really look at it all that more closely when you make a change, want people to take all claims seriously. Seems like assault on DOE, doesn’t really seem related to making change.
(4)    Do we care about substance or procedure?