ML062000256
| ML062000256 | |
| Person / Time | |
|---|---|
| Site: | Salem, Hope Creek  |
| Issue date: | 06/15/2004 |
| From: | NRC/OI |
| To: | |
| References | |
| 1-2003-045, FOIA/PA-2005-0194 | |
| Download: ML062000256 (41) | |
Text
1 1 UNITED STATES OF AMERICA 2 NUCLEAR REGULATORY COMMISSION 3
4 OFFICE OF INVESTIGATIONS 5 INTERVIEW 6 x 7 IN THE MATTER OF:
8 INTERVIEW OF Docket No. 1-2003-045 9 KYMN HARVIN 10 (Closed) 11 --------- x 12 Tuesday, June 15, 2004 13 14 Nuclear Regulatory Commission 15 475 Allendale Road 16 King of Prussia, PA 19406 17 The above-entitled interview was conducted 18 at 1:30 p.m.
19 20 BEFORE:
21 Special Agent Jeff Teator 22 23 EVAGEO4A Informatiori i inaccordance w hisrecord was deleted the Freedom of Information Act, exempf, os (20 4 NEAL R. GROSS 2 0 0'30 COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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2 1 P-R-O-C-E-E-D-I-N-G-S 2 1:30 p.m.
3 SPECIAL AGENT TEATOR: Today's date is 4 June 15th. The year is 2004. My name's Jeffrey 5 Teator. I'm a Senior Special Agent with the United 6 States Nuclear Regulatory Commission, Office of 7 Investigations. It's approximately 1:30 in the 8 afternoon.
9 This afternoon I am conducting a re-10 interview or a follow-up interview of Kymn Harvin.
11 This interview is taking place in a Human Resources 12 conference room on the first floor of the U.S. NRC 13 Region 1 Offices at 475 Allendale Road, King of 14 Prussia, Pennsylvania.
15 MS. HARVIN: Ms. Harvin, this is a 16 voluntary interview. Knowing it's voluntary, do you 17 wish to go forward?
18 MS. HARVIN: Yes, I do.
19 SPECIAL AGENT TEATOR: Okay. And you and 20 I have been in discussions the last, I guess, couple 21 of months and this interview is being done -- I need 22 to do it, but it's being done in part at your request.
23 MS. HARVIN: It is at my request, correct.
24 SPECIAL AGENT TEATOR: Okay. Do you have 25 any objection to providing sworn testimony this NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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3 1 afternoon?
2 MS. HARVIN: None whatsoever.
3 SPECIAL AGENT TEATOR: Okay. Raise your 4 right hand for me please. Kymn Harvin, do you swear 5 that the information that you are about to provide to 6 me is the truth, the whole truth and nothing but the 7 truth?
8 MS. HARVIN: So help me God, yes.
9 SPECIAL AGENT TEATOR: Okay.
10 MS. HARVIN: Thanks.
12 SPECIAL AGENT TEATOR: Again, this is a 12 follow-up interview and I know I participated in an 13 interview of you back in September of 2003. Eileen 14 Neff was originally working the discrimination 15 investigation. You and her I'm going to say numerous 16 conversations, discussions, e-mails, interviews.
17 MS. HARVIN: Correct.
18 SPECIAL AGENT TEATOR: And I'm going to 19 get whatever else you have that you believe is going 20 to support your view of what happened to you and why 21 it happened to you.
22 I did get a copy of an e-mail from you 23 dated June 8, 2004 where you indicate that two 24 individuals were hired to perform work similar to that 25 which you were performing when you left and the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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4 1 g'entlemen's names, one of them is~i 2 next is 'I'm following up on that.
3 I don't have any more questions for you on those two 4 gentlemen at this point, but I am following up on that 5 with the company.
6 MS. HARVIN: Okay.
7 SPECIAL AGENT TEATOR: Prior to going on 8 the record today you provided me with a little 9 brochure. And what's the significance of that? Maybe 10 if you could just go over that a little bit?
11 MS. HARVIN: This is advertising. Mr.
12 Pedersen's company called Corporate Effects, 13 "Leadership and Management Consulting: Changing 14 Behavior instead of Managers. Observable Culture 15 Change." So this just reemphasizes what I told you on 16 the phone and in my e-mail, that this is very similar 17 work. We use similar language, etcetera, to describe 18 what it is that we do. So this is just more 19 information for you.
20 SPECIAL AGENT TEATOR: Okay. And the work 21 described in here is similar to the work you were 22 performing for PSEG.
23 MS. HARVIN: Correct. Exactly.
24 SPECIAL AGENT TEATOR: When you left?
25 MS. HARVIN: Yes.
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5 1 SPECIAL AGENT TEATOR: Okay. All right.
2 Thanks. I guess at this point, you have some 3 documents.
4 MS. HARVIN: Yes, I do.
5 SPECIAL AGENT TEATOR: You've brought me 6 some things you want to bring to my attention and we 7 can discuss those.
8 MS. HARVIN: Jeff, the first document I'm 9 going to share with you is a document related to my 10 hiring in 1998. And what's specifically noteworthy on 11 this is it has two employee status codes.
12 SPECIAL AGENT TEATOR: Right.
13 MS. HARVIN: Active permanent employee and 14 active temporary employee.
15 SPECIAL AGENT TEATOR: Okay.
16 MS. HARVIN: And the code assigned to my 17 position is active permanent employee.
18 SPECIAL AGENT TEATOR: Looking on the 19 middle of the page on the left hand side, "Employee 20 status. See below for codes." It has code 10. And 21 a code 10, if I'm reading this right, and as you 22 described, is active permanent employee.
23 All right. And why are you bringing that 24 to my attention?
25 MS. HARVIN: I bringing this to your NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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6 1 attention because the company's allegation is that I 2 was a temporary employee and therefore my position was 3 eliminated because I was a temporary employee.
4 SPECIAL AGENT TEATOR: Okay.
5 MS. HARVIN:. And this -- this status code 6 states that I was a permanent employee. I never 7 received anything to the contrary from the company 8 stating that my employee status had changed. So, I 9 think it definitely refutes what the company said.
10 SPECIAL AGENT TEATOR: Okay. This is a 11 document titled, "Personnel and Payroll Change 12 Authorization. Employee Hire Information." And it's 13 dated, looks like, 2/20/98. Does that look like it 14 down there?
15 MS. HARVIN: Correct. Yes.
16 SPECIAL AGENT TEATOR: Now when you 17 transferred down to the Nuclear Business Unit from 18 Corporate to work fo24Rin I guess the beginning 19 of calendar year 2002, do know if such a --
20 MS. HARVIN: Yes, correct. You're right.
21 SPECIAL AGENT TEATOR: The permanent 22 change from --
23 MS. HARVIN: Right.
24 SPECIAL AGENT TEATOR: Do you know if a 25 similar document was completed when that change NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1 occurred in your employment status?
2 MS. HARVIN: I have no idea.
3 SPECIAL AGENT TEATOR: Okay. That's 4 something I can follow up on though.
5 MS. HARVIN: I was -- if it was, it was 6 never shared with me.
7 SPECIAL AGENT TEATOR: Okay. Anything 8 else on this document you want to bring to my 9 attention?
10 MS. HARVIN: No, but I -- I need a copy.
11 That's my original.
12 SPECIAL AGENT TEATOR: Oh, okay.
13 MS. HARVIN: And you're -- it's fine 14 you're writing on it.
15 SPECIAL AGENT TEATOR: Yes, I will put 16 that with your name for the copy file. Okay.
17 MS. HARVIN: You may also have some, I 18 have no idea what you have from the company, but I 19 brought to you information that was in my employee --
20 what's called "employee records jacket."
21 SPECIAL AGENT TEATOR: Okay.
22 MS. HARVIN: And you can make a copy of 23 all of this. Do we need to go through each page?
24 SPECIAL AGENT TEATOR: Could you go 25 through -- if any of those are particularly pertinent, NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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8 1 important to the issue, I'd ask you to go through it.
2 Otherwise, I'll look at them and read them.
3 MS. HARVIN: Okay. Let me tell you what's 4 here. What's here are individual e-mails from various 5 people who either sen
. -'-feedback on my performance.
7 SPECIAL AGENT TEATOR: Okay.
8 MS. HARVIN: Okay?
9 SPECIAL AGENT TEATOR: All right.
10 MS. HARVIN: Because at one point the 11 company in justifying the elimination of my position 12 has basically said that I was doing a poor job and yet 13 this information refutes that as well.
14 SPECIAL AGENT TEATOR: Okay.
15 MS. HARVIN: So we have one from("
16 Uwho was involved with the quality and 17 regulatory affairs. We have documentation of my 18 salary progressions which were substantial, including 19 merit increases and performance improvement awards.
20 We have my performance evaluations for several years; 21 1998, 1999, 2000. I have a letter fro'aw-22 that says I served as a key member of SAP 23 implementation team. My results were recognized and 24 I received a boundary breaker award. And that's 25 signed b in the year 2000.
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1 SPECIAL AGENT TEATOR: Okay.
2 MS. HARVIN: Let me -- this is just how 3 they calculate the numbers.
4 SPECIAL AGENT TEATOR: And you're 5 providing those records which you've just described as 6 evidence to show that your performance was good and 7 not as the company described as one of the reasons for 8 why they let you go?
9 MS. HARVIN: Yes.
10 SPECIAL AGENT TEATOR: Okay.
i1 MS. HARVIN: There was an -- a voice mail 12 that I provided a tape recording of in which 13 D~ reportedly told hat I was 14 marginally effective and -- I don't have the exact 15 transcript of that -- that recording -- and this is 16 after having received exemplary awards, you know, one 17 of six people out of 13,000 from the company. So, 18 something's very awry here in what's being said about 19 me.
20 SPECIAL AGENT TEATOR: Which year did you 21 obtain that exemplary award, six out of 13,000? Do 22 you remember which year that was?
23 MS. HARVIN: 2001, I believe.
24 SPECIAL AGENT TEATOR: Okay.
25 MS. HARVIN: And I was cited in the fall NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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10 1 of 2002, a few months before I was fired, for being a 2 key member of the senior leadership team by INPO, and 3 s called an enlightened leader for
/
4 having me -- I mean the foresight to have my on his
-7/1 5 team.
6 SPECIAL AGENT TEATOR: I read that in one 7 of the transcribed discussions you had with 8 /i 9 MS. HARVIN: Okay.
10 SPECIAL AGENT TEATOR: Yes, I do remember 11 that one.
12 MS. HARVIN: Thank you.
13 SPECIAL AGENT TEATOR: I got a question 14 for you.
15 MS. HARVIN: Please?
16 SPECIAL AGENT TEATOR: You mentioned 17 something about the company has now said that a reason 18 for them letting you go is poor job performance. Have 19 you heard that through the lawsuit you have going on?
20 I'm just wondering.
21 MS. HARVIN: No.
22 SPECIAL AGENT TEATOR: Okay. Has anything 23 come out of the lawsuit that you have against the 24 company? Has any information or documentation, or 25 evidence come out of that that you'd like to bring to NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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11 1 my attention that supports your view of what happened?
2 I don't know what's going on with that, that's why I'm 3 asking.
4 MS. HARVIN: Yes, we haven't even 5 initiated discovery.
6 SPECIAL AGENT TEATOR: Okay.
7 MS. HARVIN: We were in settlement 8 negotiations that recently broke down.
9 SPECIAL AGENT TEATOR: Right.
10 MS. HARVIN: So we're preparing to refile 11 the lawsuit, an amended lawsuit and move forward.
12 SPECIAL AGENT TEATOR: Okay.
13 MS. HARVIN: What I now want to bring to 14 15 your attention is in August of 2003.
a conversation I had with And why I bring this to 4 i
'it 16 your atention is I guess to the matter of integrity.
17 I unfortunately don't have the date of this 18 conversation, but --
19 SPECIAL AGENT TEATOR: These are 20 handwritten notes you're looking at?
21 MS. HARVIN: Handwritten notes from that 22 conversation. And what. *s relaying to me in this 23 conversation is that a conversation he had with(
24 about his own performance and where 25 where excuse me, basically said to him, "You run NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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12 1 the place and that pisses me off. The people here 2 should be running the -- the place."
3 He goes on to say that he's being sent to 4 INPO on this assignment because, as he put it, let me 5 get this exact quote, "We" -- this is the conversation r2(
6 from'* "We think with your age and 7 experience you are our best hope as chief nuclear 8 officer. You carry the best opportunity. We don't 9 want to lose that."
10 So he was being sent to INPO because, and 11 another quote --
12 SPECIAL AGENT TEATOR: ( as being sent 13 to INPO. Okay.
14 MS. HARVIN: -- "You can't be chief 15 nuclear officer operating the way you are." So as --
16 as he described to me, and I don't have an exact 17 quote, he was -- he was being sent to INPO to 18 basically polish him up so that he looked and acted 19 like a CNO.
20 SPECIAL AGENT TEATOR: Is sharing this 21 conversation with you?
22 MS. HARVIN: Yes.
23 SPECIAL AGENT TEATOR: Okay. When? It 24 was in August?
25 MS. HARVIN: In August. I was actually NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1 working down at Oconee at the time and I beeped him 2 with my phone number and he called me back.
3 He goes on to say, "They would have bought 4 me out if I was trash. They're contemplating sending 5 seven to eight people to INPO so that they can be the 6 next management wave to run the place when we come 7 back. They will be the team for the future."
8 I'll get to how relevant this is in just 9 one second.
10 SPECIAL AGENT TEATOR: You're reading my 11 mind.
12 MS. HARVIN: It does relate. yoes on 13 to say, "If I wasn't sure enterprise was right now, I 14 wouldn't take it like this," meaning being sent to 15 INPO.
16 Why this is relevant is because at the 17 same time while they had told(! all of this, they're 18 having conversations wit4, to bring him in 19 as vice-president and the next CNO.
20 SPECIAL AGENT TEATOR: How do you know 21 that those conversations were occurring at that time?
22 MS. HARVIN: Because I've matched it up 23 with what I was told and if you look at the time span 24 whe -ame on board and, I don't have this direct 25 frolý" was in conversation with them, it matches 'V-1' 1 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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14 1 up to when O ;as told all of this. So basically, 2 they're telling one guy one thing to get him to go 3 away without a fight.
4 SPECIAL AGENT TEATOR: To INPO.
5 MS. HARVIN: To INPO. All the time while 6 they're planning to bring in somebody else. So it's 7 a disingenuous of saying one thing to somebody's face 8 and having this -- this other plan. And howd-found 9 out, he wasn't going to be the chief nuclear officer 10 was he read it in an employee -- an e-mail to all 11 employees announcing 12 SPECIAL AGENT TEATOR: Fairly recently 13 then?
14 MS. HARVIN: No, it was actually announced 15 whenjcame on board.
16 SPECIAL AGENT TEATOR: Okay. All right.
17 MS. HARVIN: That he was going to b =)
18 successor whenk left.
19 SPECIAL AGENT TEATOR: Okay. All right.
20 And now s leaving?
21 MS. HARVIN: Correct.
22 SPECIAL AGENT TEATOR: And is going 23 to be.
24 MS. HARVIN: And resigned from INPO 25 and is now going t I NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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15 1 SPECIAL AGENT TEATOR:
2 Okay. All right. I understand what you're saying, 3 but having this conversation with
'4 that you just described. according to what you 5 said to the Commission and what I have seen in this 6 investigation I asn't involved in the decision to 7 -- or I had not established anything though that shows 8 that ESas involved in the decision to 9 eliminate your position or escalate your last day out 10 of there. Is there something you could tie? Because II that goes to li
- di no U,_
12 MS. HARVIN: RIght. The point I'm making 13 is frankly that corporate doesn't tell the truth.
14 SPECIAL AGENT TEATOR: Corporate? Okay.
15 MS. HARVIN: JQ speaking to and 16 telling him he was the best guy for the next CNO and 17 saying to me, "If I didn't know where I stood 18 with enterprise, I wouldn't be taking it like this."
19 SPECIAL AGENT TEATOR: Okay. And 20 enterprise would bei" 21 MS. HARVIN: Enterprise is 22 and 23 SPECIAL AGENT TEATOR: Okay. All right.
24 MS. HARVIN: Okay? So the point is, this 25 is an example where they weren't -- weren't up front NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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16 1 about what was really going on.
2 SPECIAL AGENT TEATOR: Right. Okay.
3 MS. FARVIN: It doesn't have anything to 4 do with my case.
5 SPECIAL AGENT TEATOR: Right.
6 MS. HARVIN: I'm -- I'm just drawing a 7 parallel.
8 SPECIAL AGENT TEATOR: Right. Okay.
9 MS. HARVIN: If they could do that with 10 the site vice-president, they could do that to me.
11 SPECIAL AGENT TEATOR: Okay. I see. All 12 right. Is there another integrity-type issue you 13 wanted to bring up, or more on this issue?
14 MS. HARVIN: No more on this issue.
15 SPECIAL AGENT TEATOR: Okay. Do you have 16 a tape or that conversation with<_ .......
- 17 MS. HARVIN: No.
18 SPECIAL AGENT TEATOR: Okay. These are 19 just your notes from the phone call? Okay. Did you 20 take the notes shortly after the phone call was 21 complete?
22 MS. HARVIN: As the phone -- as it was 23 going on.
24 SPECIAL AGENT TEATOR: Okay.
25 MS. HARVIN: That's why you'll see some NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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17 1 half sentences and -- he also shared with me that he -
2 - that this signals that he is highly valued.
3 SPECIAL AGENT TEATOR: Okay.
4 MS. HARVIN: But then in the last 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> 5 he'd gotten a lot of hate male and there was a phone 6 call to his house, somebody anonymously saying to his 7 wife, "I told we'd get him and we did."
8 SPECIAL AGENT TEATOR: Wow. Is that going 9 to go on the pile of stuff I can make a copy of?
10 MS. HARVIN: Yes.
11 SPECIAL AGENT TEATOR: Okay.
12 MS. HARVIN: We have all this. Jeff, just 13 to give you evidence something else, you might 14 remember on Wednesday, March 26th I told you that I 15 had received a call from elling me that 16 I should be prepared on Friday to haveimy-exit 17 meeting.
18 SPECIAL AGENT TEATOR: Right.
19 MS. HARVIN: Which was inconsistent with 20 what he had told me several days before, two days 21 before. This is -- I have an -- a -- I provided a 22 recording of that voice mail fro . ..
23 SPECIAL AGENT TEATOR: To the Commission, /
24 right.
25 MS. HARVIN: Yes, but also this is an e-NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W, (202) 2344433 WAS HINGTO N, D.C . 20005-370 1 ......... -...... ..
18 1 mail I got from him.
2 SPECIAL AGENT TEATOR: For the record, 3 Kymn Harvin's provided a copy of an e-mail fromi 4 )ent Wednesday, March 26th, 2003, 11:48 a.m. to 5 Kymn Harvin and he CCs' z-1 Q 6
7 "Kymn, just left you a voice mail," I'm 8 reading the e-mail for the record. "Kymn, just left 9 you a voice mail to let you know I followed up with aft ' .... that 10 11 you are not scheduled for any further plant visits.
12 As such, please be prepared to out-process on Friday, 13 3/28 as this will be your last day on the site.
14 Dana/Debbie will conduct your exit interview at 10:00 15 in Dana's office. Please remember to turn -- to to 16 turn in any company equipment, cell phQn*,___credi-t 17 cards, etcetera, as well as company identifications, 18 etcetera at that time. I'll ask# tbo put Friday's 19 exit meeting on your calendar. If you have any 20 questions, please call me at 2991. Thanks. A" 21 And you're just providing this to me as 22 further indication that it is in conflict with what 23 you were told on Monday by 24 MS. HARVIN: Correct.
25 SPECIAL AGENT TEATOR: Okay. And Monday, NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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19 1 correct me if I'm wrong, you were told by
- that 2 you were what?
3 MS. HARVIN: That Friday would be my last 4 day.
5 SPECIAL AGENT TEATOR: Okay.
6 MS. HARVIN: But that I could retain my 7 company ID, etcetera, and I -- I had meetings at other 8 company locations.
9 SPECIAL AGENT TEATOR: Okay.
10 MS. HARVIN: And just to -- to supply 11 evidence of that, this is a calendar notice that4II3e 12 sent me about that meeting on Monday thý 24th 13 that we just referenced.
14 SPECIAL AGENT TEATOR: Okay. So he did 15 put on your calendar?
16 MS. HARVIN: Yes.
17 SPECIAL AGENT TEATOR: Okay. And did you 18 meet that Friday? I don't think you met at 11:00 19 though on Friday, did you?
20 MS. HARVIN: No, it was about 6:00 before 21 22 SPECIAL AGENT TEATOR: Late in the day?
23 MS. HARVIN: -- I got there.
24 SPECIAL AGENT TEATOR: Okay. Why did it 25 happen so late in the day? Was it because of NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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20 1 something they were doing?
2 MS. HARVIN: No, I had that much work to 3 complete and packing up to do.
4 SPECIAL AGENT TEATOR: Okay.
5 MS. HARVIN: As you recall, the meeting I *<
6 where informed me my position was being 7 eliminated was on Wednesday, February 26th.
8 SPECIAL AGENT TEATOR: Right.
- 9. MS. HARVIN: In the morning. What I'm 10 supplying. to you now is an e-mail that was forwarded
.11 to me by who
.. at that time was one of the 12 leaders on the finance organization. And he had 13 confided in me that he was thinking about resigning 14 because of the ineffectiveness and inappropriate 15 behavior on the senior management team. And I went to 16 and made a request of himthathego-and-mee-t 17 with ecause 1 as one of our best people and I 18 didn't want to see 9 leave.
19 SPECIAL AGENT TEATOR: Right.
20 MS. HARVIN: And they had a conversation 21 and --
22 SPECIAL AGENT TEATOR: and 23 24 MS. HARVIN: and had a ri S
25 conversation and ske to share his opinions
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21 1 of a -- of a management meeting that had happened on 2 the 20th of February.
3 SPECIAL AGENT TEATOR: Okay.
4 MS. HARVIN: Okay. It gets forwarded to 5 me a week later on the 26th.
6 SPECIAL AGENT TEATOR: Right. And it 7 basically -- in this e-mail ays, "I will 8 try to word this one carefully, so here goes." I 9 don't need to read all the paragraphs, but it goes 10 down and says, "It is my opinion that we have an 11 ineffective management team here." And he -- he goes 12 on and makes his case for why that is relevant.
13 So I give this to you. Why it becomes 14 important is that having an ineffective management 15 team, especially in how we were dealing with safety, 16 was one of the things I was continually bringing to 17 *-0" ttention.
18 SPECIAL AGENT TEATOR: Right.
19 MS. HARVIN: And here it is, somebody else 20 who has very high credibility in the organization and 21 has since been promoted to be in charge of 22 is still at the site.
23 SPECIAL AGENT TEATOR:
24 MS. HARVIN: Yes.
25 SPECIAL AGENT TEATOR: Okay.
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22 1 SPECIAL AGENT TEATOR: So he didn't leave?
2 MS. HARVIN: So he didn't leave.
3 SPECIAL AGENT TEATOR: But at that time 4was in the financial group? Was he working for 5
6 MS. HARVIN: Yes.
7 SPECIAL AGENT TEATOR: Okay. Not doing 8
9 MS. HARVIN: right hand guy.
10 SPECIAL AGENT TEATOR: Not doing nuclear 11 safety work, but budgeting kind of stuff?
12 MS. HARVIN: Yes. Well, yes, and to some 13 degree he had a -- a significant say in what equipment 14 got fixed and what didn't.
15 SPECIAL AGENT TEATOR: Because --
16 MS. HARVIN: Which relates to nuclear 17 safety.
18 SPECIAL AGENT TEATOR: Because the funds 19 would be released?
20 MS. HARVIN: Exactly.
21 SPECIAL AGENT TEATOR: Okay.
22 MS. HARVIN: He also -- he also knew about 23 some integrity issues with the Framatome contract and 24 specifically and some improprieties in 25 that whole arena-, which I didn't get into, but heard NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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2.5 1 about from a number of people and still hear about 2 today. In fact, shared with me that people had 3 called the integrity hotline and reported him because 4 of those contract issues. The issue was that he had 5 Framatome and Lovejoy people doing private work at his 6 residence and they all -- sometimes using company 7 tools and company equipment and they had a multi-8 million dollar contract that he was responsible for.
9 SPECIAL AGENT TEATOR: Okay.
10 MS. HARVIN: Okay.
11 SPECIAL AGENT TEATOR: Is this copy for me 12 or do I got to make a copy of this?
13 MS. HARVIN: We got to copy all this.
14 SPECIAL AGENT TEATOR: All right. That's 15 fine. I'm just going to put it all in'one pile then.
16 MS. HARVIN: Okay. We talked several 17 times about how my situation was different than how 18 -the people whose people whose positions had been 19 eliminated prior to mine.
20 SPECIAL AGENT TEATOR: Okay.
21 MS. HARVIN: Remember? And one of the 22 things -- let me just go through several of the items 23 with you.
24 When people's positions had been (V 25 eliminated previously it was made public and the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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24 1 management team was asked to work with these people in 2 finding other positions within the company or within 3 their organizations.
4 SPECIAL AGENT TEATOR: Right.
5 MS. HARVIN: They were certainly told 6 don't make up new positions, but certainly if you have 7 any openings, consider these people. There was a 8 specific out-placement procedure that was followed.
9 The vice-presidents were all consulted before those 10 job elimination decisions were made and the people 11 were supported by human resources and given a lot of 12 assistance, both from the management team, but also 13 from human resources in dealing with the transition.
14 And to my knowledge, though I understand it has 15 changed, none of them were told to leave the site 16 early and certainly not under the conditions that I 17 was asked to leave under.
18 SPECIAL AGENT TEATOR: Okay. What 19 conditions are you talking about? You mentioned 20 conditions.
21 MS. HARVIN: Yes, that I had no choice and 22 that it was inconsistent with what I had been told 23 previously and was inconsistent with the April 16th 24 letter, the letter saying my last day would be April 25 16th.
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- °
25 1 SPECIAL AGENT TEATOR: Right, the March --
2 or the February --
3 MS. HARVIN: The letter given to me on 4 February 26th --
5 SPECIAL AGENT TEATOR: -- 26th is dated 6
7 MS. HARVIN: -- but dated March 3rd.
8 SPECIAL AGENT TEATOR: March 3rd. Okay.
9 All right. I heard you say "conditions."
10 MS. HARVIN: Okay.
12 SPECIAL AGENT TEATOR: I didn't know if 12 there was something new.
13 MS. HARVIN: No.
14 SPECIAL AGENT TEATOR: That's why I wanted 15 to probe that. So what I'm now sharing with you is 16 that on -- on the day that alled me and said 17 that he was stunned by my job elimination and had not 18 been consulted, had no idea and was calling me to 19 express his appreciation to me, which is interesting 20 because nd I didn't have a very close working 21 relationship.
22 On Sunday the 30th, remember my last day 23 is March 28th, he leaves a voice mail -- sorry, he 24 speaks with my husband and he says, "This is 25 Please tell Kymn I'm trying to reach her.
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26 1 It's going to be tough to reach me at home. I'm not 2 sure what my schedule is." So he left his cell phone 3 number and his pager number.
4 -SPECIAL AGENT TEATOR: Did you call him 5 back?
6 MS. HARVIN: I called him back. I didn't 7 reach him until Tuesday, but I do have a couple of 8 notes from that conversation. Sorry. Isn't that the 9 -- or you just want to run it --
10 SPECIAL AGENT TEATOR: No, I can turn it 11 off for a minute. No. It's four minutes before 2:00.
12 I'll turn the tape off for a couple minutes.
13 (Whereupon, at 1:46 p.m. off the record 14 until 2:06 p.m.)
15 SPECIAL AGENT TEATOR: Okay. We're back 16 on the record. It's about 2:06. We've made copies of 17 documents provided to me by Kymn Harvin and given her 18 originals back.
19 Kymn, is there something more you want to 20 go over?
21 MS. HARVIN: Just to note I'll -- I'll fax 22 you the notes from my conversation with --
23 SPECIAL AGENT TEATOR:
24 MS. HARVIN: -in which he 25 said he was stunned to learn that I was leaving and he NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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27 1 -- he told me that he didn't find out -- my last day 2 was the 28th. He told me he didn't find out until the 3 26th, which was not consistent with how the other --
4 other eliminations were happening.
5 A couple -- just a couple other things to 6 bring to your attention, Jeff. The letter, I want to 7 make a note of this, I received a letter from Jeff 8 Keenan, the company PSEG nuclear attorney on the 19th 9 of August.
10 SPECIAL AGENT TEATOR: Right. 2003?
11 MS. HARVIN: 2003. That's dated, the 12 letter was signed by' dated July 17th.
13 SPECIAL AGENT TEATOR: Okay.
14 MS. HARVIN: Okay? So I got it a month 15 and two days later.
16 SPECIAL AGENT TEATOR: Right.
17 MS. HARVIN: And this is after numerous 18 calls to them saying, "What is the outcome of the 19 Winston & Strawn investigation related to my concerns 20 that I voiced both to in my letter 21 22 SPECIAL AGENT TEATOR: Did you know then 23 that Winston Strawn was doing an investigation or --
24 MS. HARVIN: Yes, I did.
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28 1 that?
2 MS. HARVIN: Yes, I had been asked to meet 3 with them and initially agreed to and then at the --
4 or canceled my attorney, decided not to meet with 5 them.
6 SPECIAL AGENT TEATOR: Okay.
7 MS. HARVIN: Okay? So the two questions 8 get raised, is the work environment conducive to 9 raising and addressing nuclear safety quality 10 concerns? Let me just read it. It's just a 11 paragraph.
12 "The investigation team based its finding 13 on the company's routine assessment of the safety-14 conscious work environment at the site, interviewee 15 comments and document reviews. The investigation team 16 concluded that employees do feel free to raise 17 concerns without a fear of reprisal. No interviewees 18 stated that they were reluctant to come forward with 19 nuclear safety concerns." Okay?
20 SPECIAL AGENT TEATOR: Yes.
21 MS. HARVIN: "Furthermore, the 22 investigation team concluded that the management team 23 has not been chilled or discouraged from raising 24 concerns of their own." Several interviewees did 25 indicate that there is room for leadership improvement NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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29 1 at the site, but that this had not resulted in an 2 inability or unwillingness to raise or address nuclear 3 concerns."
4 Specifically I want to note for you this 5 sentence: "No interviewees stated that they were 6 reluctant to come forward with nuclear safety 7 concerns." Okay? Official letter from the company to 8 me.
9 SPECIAL AGENT TEATOR: Right.
10 MS. HARVIN: I had a conversation with a
- 12. by the name of from 12 Hope Creek who had when we were talking in front of 13 him the transcript of his Winston & Strawn interview.
14 SPECIAL AGENT TEATOR: Right.
15 MS. HARVIN: Okay? And what is -- and I 16 have notes from my conversation wit* " And in my 17 extensive conversation with him, he states to the 18 Winston & Strawn people interviewing him that there 19 were actually several occurrences where he was afraid 20 to bring up nuclear safety concerns. So the sentence 21 "No interviewees stated that they were reluctant to 22 come forward with nuclear safety concerns" is a lie.
23 SPECIAL AGENT TEATOR: Okay. When did you 24 have that discussion with 25 MS. HARVIN: In late August of 2003.
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30 1 SPECIAL AGENT TEATOR: Was it over the 2 phone? Was in person?
3 MS. HARVIN: It was over the phone. I was 4 still working down at Oconee. I was actually sitting 5 in my vehicle taking notes and these notes, as you can 6 -- as -- as you can see, are extensive. He relates a 7 reactivity management event at Hope Creek where he did 8 not believe he would have support for stopping the 9 evolution. He talks about, "We reward the people who 10 get it done," which is classic production over safety.-
11 He then raises the question, he actually says, "I'm 12 not" -- to the Winston & Strawn attorney, "I'm not 13 sure if I'm at risk discussing this." And then the 14 attorney says, "Well, confidentiality of all 15 documentation is essential to protecting the integrity 16 of the investigation. Do you want to stop talking 17 about it?" And says, "I don't really want to 18 stop talking about it. "Is there anything in the 19 reactivity of it that brings production over safety?"
20 "Yes, .s He said there were comments made 21 by him and other people. There was a rush to get 22 through the brief. That's production over safety.
23 And he said, "We didn't practice what NAF-84 said."
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31 1 evolution sole attention." "They don't want to know,"
2 talking about the management team, "They don't want to 3 know what I think, what my world is like and that is 4 disappointing." "Do you believe" -- the Winston &
5 Strawn attorney asked, "Do you believe there is an 6 increase in nuclear safety errors due to alienation, 7 poor morale or lack of empowerment? Have you heard 8 anybody make that statement," which was a direct quote 9 from my letter, and he said, "No." But then the 10 follow-up question was, "Do you believe some leaders II of the leadership team don't feel empowered," and he 12 said, "I don't feel empowered. I do not feel 13 supported." SPECIAL AGENT TEATOR: And he's 14 telling you this over a phone call?
15 MS. HARVIN: Yes, reading to me from the 16 transcript.
17 SPECIAL AGENT TEATOR: Okay. From his 18 transcript? Okay.
19 MS. HARVIN: I actually asked him for a 20 copy of the transcript and he said, "Let me call my 21 attorney," who happened to be his father and he called 22 his father and his father said don't give me a copy 23 and he called me back and said, "I can't give you a 24 copy.
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32 1 counsel.
2 MS. HARVIN: Under advice of counsel.
3 SPECIAL AGENT TEATOR: Are you offering 4 this up as evidence to contradict the conclusion in 5 the Winston Strawn report?
6 MS. HARVIN: Yes.
7 SPECIAL AGENT TEATOR: Okay.
8 MS. HARVIN: The question is asked, "Do 9 you feel you can freely speak of any issue including 10 nuclear safety concerns?" "No."
11 SPECIAL AGENT TEATOR: All right.
12 MS. HARVIN: "Do you get supported in 13 shutting the plant down?" "No."
14 SPECIAL AGENT TEATOR: And how are you 15 relating that to your discrimination allegation?
16 Because that's the one part of the report that speaks 17 to more of the --
18 MS. HARVIN: Okay.
19 SPECIAL AGENT TEATOR: -- safety-20 conscious, the general safety-conscious work 21 environment issue.
22 MS. HARVIN: Right. Yes. Well, let me --
23 I haven't gotten to the second paragraph yet. I was 24 just --
25 SPECIAL AGENT TEATOR: Okay.
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EO *a 1ý3101 33 2 MS. MARVIN: - - pointing out the 2 inconsistency.
3 Well, all this is leading to, Jeff, is why 4 would they tell you the truth? When you conduct your 5 interview, all these people who have lied or 6 misrepresented, why would they now tell you the truth?
That's a rhetorical question to you.
8 SPECIAL AGENT TEATOR: Right, All right.
9 And I'm going to ask who? Who are you speaking of 10 when you say "all of these people?"
11 MS. HARVIN: Well --
12 SPECIAL AGENT TEATOR: I mean, I've talked 13 to a lot of people.
14 MS. HARVIN; Okay. Well, we know 15 didn't tell the truth.
16 SPECIAL AGENT TEATOR: Okay.
17 MS. HARVIN: We know that Jeff Keenan --
18 SPECIAL AGENT TEATOR: Based on his cover 19 letter of --
20 . MS. HARVIN: Yes, and he was accountable 21 for Winston & Strawn's investigation.
22 SPECIAL AGENT TEATOR: -- cover letter 23 that he sent you telling you the investigation 24 results? That's what you're referring to?
25 MS. HARVIN: Yes.
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34 1 SPECIAL AGENT TEATOR: Okay.
2 MS. HARVIN: Now, -could not have 3 sent me this letter. This letter was reviewed by a 4 number of people. In fact, he told me that's why I 5 got it late because Jeff Keenan was on vacation and it 6 also had to go to be reviewed by corporate.
7 SPECIAL AGENT TEATOR: Yes.
8 MS. HARVIN: So I believe this was 9 reviewed all the way up to: ho's the 10 and reports to 11 SPECIAL AGENT TEATOR: Right. Right.
12 MS. HARVIN: And so if -- if they would 13 allow a letter to go to me that was in fact a 14 misrepresentation and not factually correct -- three 15 dots. You can fill in the sentence.
16 Okay. Now, let's get to the next issue.
17 "Was Ms. Harvin retaliated against for raising nuclear 18 safety quality concerns?" "The investigation team 19 Winston & Strawn and concluded that your 20 position was eliminated and thus your employment 21 terminated based on legitimate non-discriminatory and 22 non-prohibited grounds."
23 Okay. Well, where is -- given they just 24 lied in the paragraph above, I'm alleging that they're 25 lying in this paragraph.
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35 I SPECIAL AGENT TEATOR: Okay.
2 MS. HARVIN: "The most prevalent issues 3 you discussed were perceived as general leadership 4 themed matters." However, the -- what I assert, had 5 my -- my departure escalated was not when I went to 6 'ii -to discuss it, they say "general 7 leadership-themed matters," buttelling 8 me we were dangerous and me telling that to 9 . So that was not a general leadership-themed 10 matter.
21 SPECIAL AGENT TEATOR: Right.
12 MS. HARVIN: And it was after that meeting 13 that& called Cand told him to 14 accelerate my departure.
15 "Based on interviewee comments and
- 16. document reviews, the investigation team concluded 17 that you were not marginalized for raising issues to 18 the former president and chief nuclear officer or 19 other management officers, but decision to eliminate 20 your position was -- was found to be made in late 21 2002, not as the result of your February 26th, 2003 22 meeting with the former president and chief nuclear 23 officer."
24 That is not consistent with what -- yC 25 atold me.
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36 1 SPECIAL AGENT TEATOR: How?
2 MS. HARVIN itold me he had IC 3 made the decision. It was 100 percent his decision 4 and it did not involve corporate.
5 SPECIAL AGENT TEATOR: Okay.
6 MS. HARVIN: And if you remember in the --
7 the transcript I went through with with 8
9 SPECIAL AGENT TEATOR: Right, (d 10 7Right.
11 MS. HARVIN: And then it goes on to say, 12 "The position that you held as principal 13 organizational development consultant was temporary."
14 SPECIAL AGENT TEATOR: Right, and you're 15 16 MS. HARVIN: And I've already given you a 17 document that says I was a permanent employee. This 18 is -- also, "Our review also found that human 19 resources, not the former president and chief nuclear 20 officer, made the final processing date decision."
21 SPECIAL AGENT TEATOR: How do you know 22 23 that that's not true?
MS. HARVIN: Because-old me
~L 24 it wasn't true. He said that he made that decision, 25 if you recall.
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37 1 SPECIAL AGENT TEATOR: Yes.
2 MS. HARVIN: And when he 3 called me to his office on March 24th --
4 SPECIAL AGENT TEATOR: Okay. Monday.
5 MS. HARVIN: -- told me that had 6 decided to accelerate my departure, not he had decided 7 or HR had decided, remember?
8 SPECIAL AGENT TEATOR: Yes.
9 MS. HARVIN: Okay? And then furthermore, 10 on -- be sure I get my days right.
11 SPECIAL AGENT TEATOR: Friday was the 12 28th. Monday's the 24th.
13 MS. HARVIN: If you recall, I went to*
14 n Thursday the 27th and we have a recording 15 of that conversation.
16 SPECIAL AGENT TEATOR: Right.
17 MS. HARVIN: And I walk into his office 18 and I'm angry because- as just told memo 19 and .say," "Blah, blah, blah, blah, blah."
20 SPECIAL AGENT TEATOR: Right.
21 MS. HARVIN: And he gets angry and says 22 23 SPECIAL AGENT TEATOR: No.
24 MS. HARVIN: -- "You -- you don't work for 25 me. "
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38 1 SPECIAL AGENT TEATOR: Right.
2 MS. HARVIN: "You F-word work fo 3 SPECIAL AGENT TEATOR: Right. I remember 4 that.
5 MS. HARVIN: Yes. So all of that is 6 inconsistent with HR made the final processing date 7 decision.
8 SPECIAL AGENT TEATOR: Okay.
9 MS. HARVIN: So there are numerous lies in 10 this one page.
11 SPECIAL AGENT TEATOR: Anything else?
12 MS. HARVIN: Not regarding this.
13 SPECIAL AGENT TEATOR: Okay.
14 MS. HARVIN: Just one more piece to offer.
15 SPECIAL AGENT TEATOR: Okay.
16 MS. HARVIN: As I mentioned, I was down in 17 Oconee doing some consulting and I was privileged, as 18 I would say, to participate in their safely speaking 19 managing a safety-conscious work environment training 20 for the management team. And I can't tell you what it 21 was like to sit there and hear this attorney go 22 through this booklet which is quite detailed and in my 23 view quite accurate and realize how many times the 24 company broke the law.
25 SPECIAL AGENT TEATOR: PSEG?
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39 1 MS. HARVIN: PSEG.
2 SPECIAL AGENT TEATOR: Nuclear.
3 MS. HARVIN: Sorry. Yes. And how they 4 dealt with me and -- frankly, and how they were 5 dealing with other people. And I have extensive notes 6 in here that both relate to the lecture that was being 7 done, but all my insights, for example, I bring these 8 safety issues t attention and he did nothing 9 to get back to me. And one of the rules is as soon as 10 any employee brings you a safety concern or a nuclear 11 safety concern, you're -- you're immediate -- you're 12 supposed to get -- certainly get back to that person.
13 SPECIAL AGENT TEATOR: Who was the 14 attorney giving the -- was it in house counsel or was 15 it --
16 MS. HARVIN: No, it's someone from 17 Employment Learning Innovations. I'm not sure where 18 his -- J. B. Kelly.
19 SPECIAL AGENT TEATOR: Okay.
20 MS. HARVIN: He said, "A single case eats 21 up a ton of time and energy." I guess we can attest 22 to that, can't we?
23 SPECIAL AGENT TEATOR: Is there something 24 in that pamphlet that you need to bring to my 25 attention for your case?
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40 1 MS. HARVIN: Nothing that you don't 2 already know.
3 SPECIAL AGENT TEATOR: Okay. Well if you 4 think of something, you got to fax me something 5 anyway. If there's something in there or something 6 that you haven't brought today and it's a document, 7 just fax it with the notes you're going to fax to me 8 of your discussion with * ) I have that 9 down here, that it's a deliverable on your part.
10 Okay. I'm using nuclear terms now.
11 MS. HARVIN: Okay. Yes.
12 SPECIAL AGENT TEATOR: "Deliverable."
13 MS. HARVIN: Right.
14 SPECIAL AGENT TEATOR: All right. Other 15 than what we talked about today, is there anything 16 specific that we haven't gotten to today that --
17 (Whereupon, off the record briefly.)
18 MS. HARVIN: Thank you. And I appreciate 19 your thoroughness.
20 SPECIAL AGENT TEATOR: All right.
21 MS. HARVIN: I think we've covered it.
22 SPECIAL AGENT TEATOR: Okay. It's about 23 2:22. Is there anything more you want to add, Kymn?
24 MS. HARVIN: Just to go on the record with 25 what I told you over the phone. As you know, the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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41 1 three assessments that came in from the site, the 2 Independent Safety Assessment, the Unyatolee Services 3 Awyatts Assessment and the Synergy Assessment all 4 support and give credibility to the concerns that I 5 came to the NRC with last fall about the nuclear 6 safety issues at the site, the safety-conscious work 7 environment issues and the leadership issues.
8 SPECIAL AGENT TEATOR: Right. Are you 9 going to be at that meeting?
10 MS. HARVIN: Tomorrow? Yes.
11 SPECIAL AGENT TEATOR: Okay. All right.
12 MS. HARVIN: Will you be there?
13 SPECIAL AGENT TEATOR: I haven't been 14 directed to go yet, so I'm not sure. Is there 15 anything more you want to bring?
16 MS. HARVIN: Thank you very much.
17 SPECIAL AGENT TEATOR: Okay. It's 2:24 in 18 the afternoon. I don't have any further questions.
19 MS. HARVIN: Okay.
20 SPECIAL AGENT TEATOR: This interview's 21 concluded. Thank you.
22 MS. HARVIN: Okay. Thank you.
23 SPECIAL AGENT TEATOR: Yes.
24 (Whereupon, the interview was concluded at 25 2:24 p.m.)
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