ML062000278
| ML062000278 | |
| Person / Time | |
|---|---|
| Site: | Salem, Hope Creek  |
| Issue date: | 05/12/2004 |
| From: | NRC/OI |
| To: | |
| References | |
| 1-2003-045, FOIA/PA-2005-0194 | |
| Download: ML062000278 (80) | |
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 ITlý "24 ¥ K /
10 (CLOSED) 11 ------------------------------- x 12 13 Wednesday, May 12, 2004 14 PSEG Training Facility 15 Edison, New Jersey 16 17 The above-entitled interview was conducted 18 at 4:07 p.m.
19 20 BEFORE:
21 Special Agent JEFF TEATOR 22 23 XI) 24 in accordance rMation PA iNct , e8mptIO' NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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2 1 APPEARANCES:
2 3 ON BEHALF OF PSEG AND Au 4 JEFF KEENAN 5 Assistant General Solicitor 6 PSEG Services 7
8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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3 1 PROCEEDINGS 2 (4:07 p.m.)
3 SPECIAL AGENT TEATOR: Today is May 12, 4 the year is 2004. My name is Jeffrey Teator. I'm the 5 Senior Special Agent with the United States Nuclear 6 Regulatory Commission, Office of Investigations, and 7 it's approximately 4:07 in the afternoon.
8 Today, I am interviewing 9 This interview is taking place at PSEG 10 Training Facility, located in Edison, New Jersey.
1). prior to going on the 12 record, did I present you with my credentials?
13 Yes.
14 SPECIAL AGENT TEATOR: And a few, I guess /
15 it was a few days ago, did you receive a copy of a 16 subpoena that was issued for you to appear here today?
17 Yes.
18 SPECIAL AGENT TEATOR: Okay. And you're 19 appearing in response to that subpoena. You're being 20 interviewed today as a witness in an investigation I'm 21 conducting into an alleged violation of 10 CFR 50.7, 22 which is employee protection regulation. You're 23 considered a witness in this investigation, and it 24 involves an allegation made that Dr. Kim Harvin was 25 retaliated against by her employer because she engaged NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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4 1 in protected activity, NRC protected activity.
2 - you are represented by counsel 3 today. Jeff, if you could identify yourself for the 4 record and explain your representation, please.
5 MR. KEENAN: Yes. My name is Jeff Keenan.
6 I'm Associate General Solicitor of PSEG Services.
7 Today I represent; and PSEG Nuclear in a joint 8 capacity. I have reviewed this issue, and I'm not 9 aware of any conflict of interest. If a conflict 10 arises, we'll take a break from the record and figure 11 out how to best handle that. We appreciate this 12 opportunity. We certainly understand( is a fact 13 witness in this, and we would also like the 14 opportunity to review the transcript at a mutually 15 convenient time.
16 SPECIAL AGENT TEATOR: Okay. Thank you.
17 ) a few follow-up questions regarding your 18 representation. Is that your understanding of the 19 representation?
20 Yes.
21 SPECIAL AGENT TEATOR: Okay. Just for the 22 court reporter, there's a thunderstorm going on 23 outside and the lights just flicked a little bit. I 24 hope this is being recorded. We're going to check in 25 a minute, though.
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5 1 Is that your understanding of the 2
3 N) Yes.
4 SPECIAL AGENT TEATOR: Okay. Does your 5 employer require you to have an attorney represent you 6 if you're interviewed by the Office of Investigations?
7 No.
8 SPECIAL AGENT TEATOR: Okay. Do you 9 understand that you have a right to a private 10 interview with me if you wanted one?
11 .* Yes.
12 SPECIAL AGENT TEATOR: Okay. Knowing all 13 this, do you wish to go forward with counsel present?
14 "* Yes.
15 SPECIAL AGENT TEATOR: Okay. We're going 16 to take a very short break. It's 4:10 in the 17 afternoon.
18 (Whereupon, the foregoing matter went off 19 the record at 4:10 p.m. and went back on 20 the record at 4:13 p.m.)
21 SPECIAL AGENT TEATOR: Okay. The tape is .(
22 recording, and it's now 4:13. We're back on the 23 record.
24 do you have any objection today to 25 providing sworn testimony?
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6 1 No.
2 SPECIAL AGENT TEATOR: Raise your hand, 3 please. d 4o you swear that the 4 information that you are about to provide to me is the 5 truth, the whole truth and nothing but the truth?
6 II)I swear.
7 SPECIAL AGENT TEATOR: Thankyou. Canyou 8 give me your date and place of birth, please?
9 10 11 SPECIAL AGENT TEATOR: Okay. Social 12 security number, please.
13 14 SPECIAL AGENT TEATOR: And your current 15 home address?
16 17 18 SPECIAL AGENT TEATOR: Your home phone 4
19 number?
20 21 SPECIAL AGENT TEATOR: Did you ever serve 22 in the United States military?
23 _No.
24 SPECIAL AGENT TEATOR: All right. Have 1.I ~
25 you attended college?
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7 1
onoIM46wsgYes.
2 SPECIAL AGENT TEATOR: I see you're a 3 Why don't you just tell me what your Bachelor's 4
5 6
7 8
9 10 I
11 SPECIAL AGENT TEATOR: Okay. Thank you.
12 Any further? That's a lot.
13 Beyond my
- I have 14 various executive programs but that's my formal 15 education.
16 SPECIAL AGENT TEATOR: Okay. Thank you.
17 At some point were you hired to work for PSEG?
18 19 N tilim I was recruited from**ý 20 SPECIAL AGENT TEATOR:.... Okay. And your 21 current job title?
22 23 24 SPECIAL AGENT TEATOR: Thank you. And how
/
25 long have you been in that position?
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8 1 VW) Eight yE_ars.
2 SPECIAL AGENT TEATOR: Ok:ay. Who do you 3 report to today? Who's your supervis;or?
~We j 4 ust had an HR 5 redesi,gn, and so under the HR redesic*n I'm reporting 6 ~ (phonetic).
7 SPECIAL AGENT TEATOR: And what' s his 8 title?
C )And he reports to 9
Wil - **. His title, 10 11 I'm not sure exactly., I gues=,
12 ,*,r something. It's just very recent, so we 13 haven't really gotten new titles.
14 SPECIAL AGENT TEATOR: All right. I guess 15 the period of time I'm going to talk to you about is 16 probably going to be mostly the 1999 through March 17 2003 time period. You were in your current position 18 during that time period, I guess?
19 ~ Yes.
20 SPECIAL AGENT TEATORI: Eight years here.
21 And woud thave been your -- no?
22 No- well, 23 \ (phonetic) was thl O I 24 and then wheh he retired after thaeC w '4 25 and I 'K' NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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9 1 honestly don't remember the exact time that she took 2 over from him.
3 SPECIAL AGENT TEATOR: At one time, would 4 you have reported directly tao hen?
5 4 .iS..)'f j Yes.
6 SPECIAL AGENT TEATOR: Okay.
7 A- This is very recent 8 reporting to. so I really kind of still report to 9
10 SPECIAL AGENT TEATOR:, Okay. Do you know 11 Kim Harvin, Nancy Ratigliano (phonetic)?
- % Yes.
12 13 SPECIAL AGENT TEATOR: No. There's two 14 names there..: Do you know --
~Kim Harvin.
15 16 SPECIAL AGENT TEATOR:-Right-..--.Okay.---
17 Or Kim Ratigliano. I 18 never knew her as Nancy.
19 SPECIAL AGENT TEATOR: I've seen it as.
20 Nancy.
21 I've never seen it as 22 Nancy.
23 SPECIAL AGENT TEATOR: Okay. Fine. Do 24 you know her? Ip K 25 Yes, of course.
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10 1 SPECIAL AGENT TEATOR: How long have you 2 know her?
3 I originally met her when 4 we were both at 5 SPECIAL AGENT TEATOR: Oh, okay.
6 And that was -- must have 7 been '85 or '86, something like that.
8 SPECIAL AGENT TEATOR: All right. At any 9 point, did Kim Harvin work directly for you?
10 ) Maybe I'm not sure 11 if it was -- somewhere in that vicinity of 12 Did she work for me? No.
13 SPECIAL AGENT TEATOR: No? Never?
14 Never. Not at 15 SPECIAL AGENT TEATOR: Here?
16 I' WHere, yes.
17 SPECIAL AGENT TEATOR: Yes. When?
18 Let's see, she was -- do 19 you mind if I. look at some --
20 SPECIAL AGENT TEATOR: Sure. If you think 21 some documents will help you refresh your 22 recollections, please. Is that whole file regarding 23 Kim Harvin?
24 . ) Yes.
25 SPECIAL AGENT TEATOR: Jeff, do I have --
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11 1 might there be something in there that PSEG hasn't 2 provided to the Commission that might be helpful?
3 MR. KEENAN: I have to look at the 4 documents to see.
5 SPECIAL AGENT TEATOR: Okay.
6 Just one second.
7 SPECIAL AGENT TEATOR: Sure.
8 : U U' Okay.
9 SPECIAL AGENT TEATOR: Yes. The question 10 was--
11 ..*J NIýRight.
12 SPECIAL AGENT TEATOR: -- at some point 13 did 6he work for you?
14 Kim was hired in her 15 first date of -- she started on February 23, 1998.
16 SPECIAL AGENT TEATOR: Okay.
17 And she was hired to work 18 in my organization unde (phonetic), at 19 the time.
20 SPECIAL AGENT TEATOR: Right.
21 He was the head of -- the 22 - also known as
- .... . - - .W- W.0 "- .
23 Organization Transformation, and she was going to
/
- 24 report to him and he reported to me, so he was in my 25 organization and she was working on my team.
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12 1 SPECIAL AGENT TEATOR: Okay. I have a 2 copy of Kim's 1998 performance evaluation as part of 3 the package. We got a lot of documents from the 4 Nuclear Department in response to this investigation.
5 Is that your signature there as --
- Yes.
6 7 SPECIAL AGENT TEATOR: -- reviewer, 8 signature, 3-19-99?
9 10 SPECIAL AGENT TEATOR: Okay. And is (
11 Y n top of that?
12 ~IS!~~Right.
13 SPECIAL AGENT TEATOR: All right. Jeff, i4 there's a September 27, 2001 email. If you could go 15 to that.
16 MR. KEENAN: Is that 17 18 SPECIAL AGENT TEATOR: Right.
- Right.
19 20 SPECIAL AGENT TEATOR: It's from -"--'-C 21 )to you, .right?
22 23 SPECIAL AGENT TEATOR: And I'll read it 24 onto the record here. It says, 'I hope I am 25 not too late for your budget planning needs. I will NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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13 1 require the services of Kim through the entire 2002.
2 She is actively assisting us in making fundamental 3 changes in our behaviors and thus our performance. I 4 would like to sit with you to determine how we might 5 reduce the costs associated with her services."
6 The question is going to be regarding the 7 first sentence, "I hope I'm not too late for your 8 budget planning needs." Why would his discussion with 9 you on your job get into your budget planning needs, 10 I guess? I'm trying to understand what that meant.
11 Right. That was in 12 September 2001. She was reporting to me, and the way 13 it worked is I had a consulting -- an internal-14 consulting organization. And my people had to have
-15 their work hours, their liabor hours assigned to a 16 client. So he wanted to make sure that we assigned 17 her hours, labor dollars, to Nuclear.
18 SPECIAL AGENT TEATOR: Okay.
19 / So that's why he was 20 saying, "I need her."
21 SPECIAL AGENT TEATOR: But I'm not --
22 maybe I'm not understanding the corporate environment /
23 a little bit at PSEG. She was a PSEG employee, 24 correct, not a contractor.
25 Right.
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14 1 SPECIAL AGENT TEATOR: So why would -- can 2 you explain a little bit more of what your answer to 3 my last question was about, having her services paid 4 by Nuclear and what that meant?
5 Right. We have a shared 6 services organization. This was after the Services 7 Corporation was formed.
8 SPECIAL AGENT TEATOR: Right.
9 .- It was formed in 2000, I 10 think.
11 SPECIAL AGENT TEATOR: Okay.
12 7*)And when we went to the 13 shared services model, the idea is that you had to 14 charge back the labor dollars and expenses associated 15 with your employees. It was an optional service. So 16 my people -- I was responsible, and still am, for 17 ensuring that all of the hours associated with my 18 people have a client that wants to pay, and we charge 19 back. It's an internal charge-back kind of process.
20 SPECIAL AGENT TEATOR: Okay.
21 . So at the time she was on 22 my team charging back her hours at a certain rate to 23 him. Okay. You didn't ask me about the second part, 24 so I won't --
25 SPECIAL AGENT TEATOR: Not yet. Yes.
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15 1Okay.
2 SPECIAL AGENT TEATOR: So he's telling you 3 in this email that he's going to have Kim working for 4 him down at the site for 2002.
5 Exactly. Yes. He's 6 saying -- I have other people. He's saying, "I want 7 Kim to support me for 2002, so assign her hours to 8 Nuclear in the Services Corporation, Shared Services 9 process."
10 SPECIAL AGENT TEATOR: Okay. The last 11 sentence reads, "I would like to sit with you to 12 determine how we might reduce the costs associated 13 with her services." Was that discussion or meeting 14 held?
15
- Well, subsequent to that, 16 there was some discussion, and we spoke, and as a 17 result of that a decision was made to shift her to 18 report directly to 19 SPECIAL AGENT TEATOR: Okay.
20 M" Because what we 21 determined was that the Services Corporation, the 22 Shared Services Corporation that was a part of under 23 my organization had some overhead costs associated 24 with it, and by her reporting directly to him and 25 being a direct charge as opposed to a Services NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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16 1 Corporation, Shared Services charge back, he would pay 2 less for her services, because he wouldn't have the 3 overhead associated with the Services Corporation.
4 SPECIAL AGENT TEATOR: Okay. All right.
5 so that's what he is 6 asking, and we did discuss it, and we worked out how 7 to reduce the costs associated with her services, 8 which was by her becoming a direct report to Nuclear.
9 SPECIAL AGENT TEATOR: Okay. What did 10 that mean as far as her working for you at that point?
11 s That she wasn't going to 12 work for me.
13 SPECIAL AGENT TEATOR: All right.
14 ýThe arrangement, which is 15 in this email from October 31, was that she would work 16 directly for him and she would be dotted lined to me, 17 and that means she would continue to keep in touch 18 with me, but she would work directly for him and she 19 would no longer work for me in my organization, other 20 than keeping in touch with me through dotted line and 21 letting me know what was going on, so if she was doing 22 something related to something I was working on, we 23 would have some synergy and know what it was, like 24 leadership. I had overall leadership development.
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17 1 year 2002 then, would you have provided written input 2 to her job performance appraisal?
3 No.
4 SPECIAL AGENT TEATOR: All right. That 5 would be done I...idown at the site.
6 Rgight.
7 SPECIAL AGENT TEATOR: (!W and/or his 8 people. Okay. Let's go back and talk about the 9 budget for just a little bit. And I guess -- well, 10 was there any communication made from Nuclear Business 11 Unit, NBU, right, that's what you guys call it, back 12 up to you in any time in 2002 on whether there would 13 be money budgeted for Kim's job for the calendar year 14 2003? I see budget talked about for '02, and I'm 15 wondering if there was any type of communication like 16 that for '03 that you're aware of?
17 W"Not from them to me.
18 SPECIAL AGENT TEATOR: Okay.
19 I had attempted to ask"'
20 J)about that a couple of times verbally when we 21 were in various meetings, and he didn't really say 22 anything. He didn't respond.
23 SPECIAL AGENT TEATOR: Okay. When were 24 those meetings that occurred?
25 In late 2003.
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18 1 SPECIAL-AGENT TEATOR: You mean --
2N W I'm sorry, late 2002.
3 SPECIAL AGENT TEATOR: All right.
4 1I remember two occasions, 5 I don't know the exact date. We could figure that 6 out. But one was I was at an event and he was sitting 7 next to me, and the event was the Minority Achievers, 8 and it was a dinner event in Somerset or New Brunswick 9 in the evening and he was sitting next to me. And I 10 said to him, "How's Kim doing?"
11 SPECIAL AGENT TEATOR: Right.
12 And he said, "Fine." And 13 I said, "Well, you know, we should talk about her."
14 And he kind of was very -- kind of put me off.
15 SPECIAL AGENT TEATOR: Why did you feel 16 the need to talk to* about Kim at that point, for 17 what reason?
18 Because I wanted to make 19 sure she was okay for 2003.
20 SPECIAL AGENT TEATOR: -.kay meaning?
21 ) That she would continue 22 to work in Nuclear.
23 SPECIAL AGENT TEATOR: Okay.
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19 1 study, and again I said, "How is she doing?" And he 2 said, "Fine." That was it. So from those two 3 conversations I got the impression that he really 4 didn't want to get into with me.
5 SPECIAL AGENT TEATOR: Right.
6 And so I didn't push it 7 anymore at that point.
8 SPECIAL AGENT TEATOR: Okay.
9 With him.
10 SPECIAL AGENT TEATOR: All right. We're 11 getting maybe, and it's probably my fault, we're 12 getting a little bit ahead.
Vog Okay.
13 14 SPECIAL AGENT TEATOR: But we're going to 15 come back to when y'ou mentioned, "with him." I'm 16 taking from that that you had discussions with others 17 about Kim's job in '03, when you said you didn't get 18 into it with him?
i Right.
19 20 SPECIAL AGENT TEATOR: All right. Did you
-Cf 21 have discussions with others? /
22 I believe I talked to 23 lf to see if there was a possibility that Kim could 24 come back to DQOE, because I was checking that as 25 another way.
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20 1 SPECIAL AGENT TEATOR: Come back to?
2 DQOE, that's my 3 organization.
4 SPECIAL AGENT TEATOR: DQOE.
6 "SPECIAL AGENT TEATOR: Okay. All right.
7 When do you think you would have had that discussion 8 with 9 I'd have to check.
10 SPECIAL AGENT TEATOR: That's fine.
11 - Figuring out these dates 12 is very difficult.
13 SPECIAL AGENT TEATOR: Do you want to take 14 a break off the record and you can look? If you want 15 to do that, that's fine with me.
16 - You can stop it for a 17 second.
18 SPECIAL AGENT TEATOR: Okay. It's 4:29.
19 We're going to take a short break off the record.
20 (Whereupon, the foregoing matter went off 21 the record at 4:29 p.m. and went back on 22 the record at 4:33 p.m.)
23 SPECIAL AGENT TEATOR: It's 4:33 in the 24 afternoon. We're back on the record after a short 25 break. can I call you NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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21 1Sure. Yes.
2 SPECIAL AGENT TEATOR: I've called you 3 that a couple times already.
4 Please.
5 SPECIAL AGENT TEATOR: You found an email 6 in your file dated -- what's the date on that? March 7 9, 2003. My question to you and you answered that you 8 had a discussion with I guess, about Kim 9 Harvin. Can you tell me what this email --
10 Yes. The email is from 11 Kim to me, marked confidential, and she let's me know 12 in here that her position is currently on the list to 13 be eliminated and that she was checking with me to see 14 if we could talk and also to explore -- she says, "I 15 assume coming back to DQOE is not workable." And at 16 that point or sometime in close proximity to that 17 prior or just around that time I checked to see if 18 there was any possibility of her coming back to DQOE.
19 SPECIAL AGENT TEATOR: And was there a 20 possibility?
21 No.
22 SPECIAL AGENT TEATOR: Why not?
23 - Because we were -- I 24 wasn't being allowed to fill my positions, to fill 25 vacant positions, everything was frozen. I haven't NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
22 1 been allowed to fill positions in. quite some time.
2 SPECIAL AGENT TEATOR: Even from that day 3 up till now.
'* Right.
4 5 SPECIAL AGENT TEATOR: Okay. All right.
6 my people left through 7 attrition, my organization got smaller, and every time 8 I would ask if I could fill a position, I was told no.
9 SPECIAL AGENT TEATOR: Okay. Did you talk 10 to 10 about whether Kim could come back up here?
11 *i I believe I did.
12 SPECIAL AGENT TEATOR: Okay. I guess the 13 answer was no.
N,
- i:**.*.** J 14 I*/ Yes, the answer was no.
15 SPECIAL AGENT TEATOR: All right. Do you 16 know if you communicated that back to Kim Harvin that 17 there wasn't a position for her back --
.Ri". .. **
18 *-, es, I did.
19 SPECIAL AGENT TEATOR: And how did she 20 respond to that?
21 She wasn't surprised.
22 SPECIAL AGENT TEATOR: Okay.
23 -. I She said something like,
.7 24 "I just thought I'd check."
25 SPECIAL AGENT TEATOR: Yes.
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23 1 She says right here she 2 assumed coming back to DQOE is not workable.
3 SPECIAL AGENT TEATOR: Right. You have 4 the October 11, 2001 email from Kim Harvin to you.
5 It's about discussions going towards her transfer down 6 to the site.
7 ) Yes. This one?
8 SPECIAL AGENT TEATOR: Yes. "I'd like to 9 talk with you before you respond to( L I'd like 10 to call your Friday or reach me in the Outage Control 11 Center." Do you remember discussing this potential 12 with her about her moving down to the site 13 permanently? I'm using the word, "permanent." She 14 was no longer going to report to you up here.
15 Yes.
16 SPECIAL AGENT TEATOR: She was going to 17 work for the Nuclear Business Unit. Do you remember 18 having a discussion with her about that?
19 Yes.
20 SPECIAL AGENT TEATOR: Did you tell her 21 pros, cons, what that might mean down the road? Did 22 you have a discussion with her about that?
23 I believe I did. ,
24 SPECIAL AGENT TEATOR: Okay. Can you tell 25 me what you recall of that conversation?
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24 1 I don't remember exactly 2 the conversation, but what I recall is we discussed 3 that if she went down there, there would be no 4 guarantees for her to come back. I remember 5 discussing that we would leave open that possibility, 6 though.
7 SPECIAL AGENT TEATOR: Okay. And is that 8 reflected in your October 31, 2001 email to 9 Why don't we just go to that and we'll break 10 that down? I'll ask you some questions about that.
11 , Yes, I have that.
12 SPECIAL AGENT TEATOR: Okay. It's from 13 you to 14 Right.
15 SPECIAL AGENT TEATOR: Subject, Kim Harvin.
16 in 2002. Do you see that?
17 Yes.
18 SPECIAL AGENT TEATOR: Did you author that 19 email?
20 U Yes.
21 SPECIAL AGENT TEATOR: I'll read it, and 22 then I'll ask you some questions about each sentence.
23 I think we'll do it that way. this is to 24 confirm our conversation earlier today re: Kim 25 Harvin's status for 2002. We'll move Kim Harvin over NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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25 1 to your payroll by the end of the year so that she 2 will be on your payroll in 2002 for the entire year.
3 This will be considered a, quote, 'rotational,' end 4 quote, assignment with the understanding that there 5 are no guarantees beyond that." Can you tell me what 6 you meant by when you wrote, "This will be considered 7 a rotational assignment?" What was meant by that?
8 ** That left open the 9 possibility because we really didn't know what was 10 going to happen, there was a lot of changes going on 11 in the Services Corp, in DQOE, in HR, in PSEG, so 12 given all the ambiguity, I wanted to leave open the 13 possibility that she could come back --
14 SPECIAL AGENT TEATOR: Okay.
15 - - as a possibility. But 16 I wanted her also to know and him to know that there's 17 no guarantees. Given the leadership at that time, it 18 didn't look like she was coming back, but that-could 19 have changed.
20 SPECIAL AGENT TEATOR: If she didn't 21 transfer down to work for 9would she have nc-I 22 had a job at Corporate working in your group?
. ... She would have initially 23 24 had a job, but there was no guarantee that job would 25 have continued. I had to downsize my team, and it's NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.
26 1 not sure if she would have been affected or not.
2 SPECIAL AGENT TEATOR: That was already in 3 motion at that time?
4 I'd have to check the 5 dates. I think it was in -- there was a lot of stuff 6 going on, and I don't remember exactly the date when 7 I had to downsize my team.
8 SPECIAL AGENT TEATOR: Okay.
9 Define in the 2001-10 2002 time frame. I don't remember exactly where it 11 was in there.
12 SPECIAL AGENT TEATOR: The downsizing of 13 your team, was that part of the reason why she 14 transferred down to Nuclear?
15 It was a win-win-win 16 because I didn't have to downsize another person --
17 SPECIAL AGENT TEATOR: Right.
18 -- and he picked her up 19 and reduced his costs.
20 SPECIAL AGENT TEATOR: Right.
21 And she seemed happy with 22 the change, so it was a win-win-win.
23 SPECIAL AGENT TEATOR: Okay. Next 24 sentence, "We will discuss her status towards the 25 latter part of 2002." Discuss her status about what?
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27 1 *Whether she would 2 continue in Nuclear or possibly come back to DQOE --
3 SPECIAL AGENT TEATOR: Okay.
4 ., -- if things had changed.
5 SPECIAL AGENT TEATOR: Okay. Stopping at 6 that point there, did you -- were you telling. 9 7 that it's a rotational assignment with the 8 understanding there's no guarantee beyond that for her 9 coming back to Corporate?
10 i Right.
11 SPECIAL AGENT TEATOR: That's what you 12 meant by that. Did he give you any indication that he 13 expected her to be working down there for a period of 14 time, a particular period of time?
15 Two thousand two. That's 16 all he said.
17 SPECIAL AGENT TEATOR: That's all he said.
18 . There was no guarantees 19 in either direction beyond that.
20 SPECIAL AGENT TEATOR: Okay.
21 . He did say, as in the 22 email you showed me earlier, that he wanted her for 23 all of 2002.
24 SPECIAL AGENT TEATOR: Right.
25 Two thousand three was a NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
Mn2fVY )A-AAAV1 IAIACUIKVI,'^r%. M^ - ---
28 1 complete unknown.
2 SPECIAL AGENT TEATOR: Even then.
3 Ys 4 SPECIAL AGENT TEATOR: And did you talk to 5 Kim about that, that even down there at Nuclear you 6 may not have a job down there in '03?
7 Yes.
8 SPECIAL AGENT TEATOR: Okay. Can you --
9 I know it's a while ago, but can you --
10 ý19 There's never any ii guarantees around here about anything.
12 SPECIAL AGENT TEATOR: I guess not.
13 'SAnd just because you have j
14 a job today doesn't mean you have a job tomorrow.
15 SPECIAL AGENT TEATOR: Even though you're 16 a full-time employee.
17 W Right.
18 SPECIAL AGENT TEATOR: Okay. But do you 19 remember discussing that with Kim? You know, "Kim, 20 you're going down to Nuclear for the year 2002, the 21 whole year, but there's no guarantee for you even 22 being down there in '03."
23 Yes.
24 SPECIAL AGENT TEATOR: You had such a 25 conversation with her about that?
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town ')IA-A.4"
29 Yes. There's no 2 guarantee. Everything was very unknown, and depending 3 on the value that she added down there and whether 4 they wanted to continue her employment to do what 5 she's doing or related work, that would determine 6 whether they wanted to continue her.
7 SPECIAL AGENT TEATOR: Right. I've seen, 8 I guess, some testimony that Kim believed she was more 9 of a long-term employee down there and was going to 10 last beyond 2002. Based on your discussions with her, 11 the emails between you and , can you tell 12 me what basis she had for thinking that?
13 Well, she probably 14 thought she was doing a great job and everybody 15 appreciated and liked what she was doing. So based on 16 that, she thought it would continue.
17 SPECIAL AGENT TEATOR: Right.
18 But in this environment 19 there are no guarantees, and the work that my team did 20 was optional in this company, and the clients decide 21 whether you continue your work or not by whether they 22 like what you're doing and then if they want to
/
23 continue it. They could even like what you're doing 24 and say, "That was very good, thank you very much,"
25 and not continue to buy your services. So we had to NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
30 1 sell our services a year in advance for the next year.
2 SPECIAL AGENT TEATOR: I'm going to finish 3 with this email, and then I'm going to have a separate 4 question for you.
S Okay.
6 SPECIAL AGENT TEATOR: Do you have to go?
7 No.
8 SPECIAL AGENT TEATOR: I saw you looking 9 at the clock. We're going to probably be here a 10 little bit.
11 Okay.
12 SPECIAL AGENT TEATOR: All right. I'll 13 continue reading here in the middle of the email, "We 14 will discuss her status towards the latter part of 25 2002 and determine where and how she can make her best 16 contribution to the business. She'll initially report 17 directly to you and continue to report on a dotted 18 line basis to me throughout the year for continuing 19 with OD and leadership work we have going on 20 throughout the business." Was she doing work for you 21 in addition to work for Is that what that 22 meant?
23 Well, she was supposed to 24 be a, quote, unquote, "relationship manager" for 25 Nuclear. I had a system where I had different people NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
31 1 on my team who had primary responsibility for 2 different clients, and she was the one that was 3 supposed to keep track of what was going on in 4 Nuclear, not just for what she was doing directly for 5 Harry but to sort of represent and be advocate for my 6 team, DQOE, in Nuclear. That was what she was 7 supposed to do. She didn't really do much in that 8 regard at all.
9 SPECIAL AGENT TEATOR: Okay. Go to my 10 question now. I hear what you're saying about 11 nothing's permanent, everything's on a year-by-year 12 basis, but is there something you can show me in her 13 letter where she's offered the job where that's 14 spelled out to Kim, even back then? I know that was 15 1998, maybe it was a different environment then, I 16 don't know, but is there anything you can show me that 17 would make her -- that she understood when she came 18 here that it was really a year-by-year job based on 19 clients, things like that?
20 Well, the environment did 21 22 change. We went through deregulation, of the Services Corporation and a lot of pressure on and as a result IC 23 costs and a lot of other things, the environment 24 changed dramatically when Services Corporation was 25 formed.
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32 1 SPECIAL AGENT TEATOR: And that was formed 2 after Kim had already been brought on board.
3 Yes.
4 SPECIAL AGENT TEATOR: Okay. So when that 5 change occurred, though, when the environment changed, 6 was she working up at Corporate or was she already 7 down at Nuclear Business Unit?
8 L No, she was already in 9 Corporate. She was still in Corporate.
10 SPECIAL AGENT TEATOR: All right.
11 .: It changed in 2000. It 12 had been changing before that, but it really changed 13 in 2000 when we went to the shared service model and 14 had to basically sell our services.
15 SPECIAL AGENT TEATOR: Right. Now, I 16 guess that's a good point. Is there something that 17 was put out by your Department to your people to let 18 them know that the environment's changed now. It 19 almost sounds like at that point for everybody you're 20 on a year-by-year contract almost. I mean that's my 21 word, but was there some kind of a memo put out to 22 your people to make them clearly understand that this 23 is a new environment, this is how we're operating?
24 I'm sure there many 25 communications from the that NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.
33 1 indicated that the environment has changed.
2 SPECIAL AGENT TEATOR: Right.
3 And in the new 4 environment there were different types of services.
5 Some were, quote, unquote, "mandatory," and some were 6 optional. My services were optional, and so ours were 7 the most vulnerable.
8 SPECIAL AGENT TEATOR: Okay.
9 And we had to sell our 10 services, and we were told, "If you don't, you're 11 gone," basically.
12 SPECIAL AGENT TEATOR: So was there a 13 document put out by you or your supervisor to your 14 people telling them that, including Kim? I mean she 15 was in your group at that point, right?
16 I'm sure there were 17 documents. I don't recall a specific one. I didn't 18 write one because it was coming down from on high.
19 SPECIAL AGENT TEATOR: Right. Jeff, I'd 20 ask if something like that does exist, I'd like to 21 have a copy of it.
22 MR. KEENAN: Yes. I mean we'd be glad to 23 supply that. We haven't looked in that respect before 24 25 SPECIAL AGENT TEATOR: Okay.
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34 1 MR. KEENAN: -- but we can certainly 2 evaluate whether there are Service Company 3 communications regarding the changed environment in 4 particular in response to deregulation and development 5 of the Services Group.
6 SPECIAL AGENT TEATOR: Okay.
7 I mean I was told that in 8 so many words by my boss, stuff like that, that your 9 services, you personally, your group are optional. If 10 they want them, you're here. If they don't, you're 11 not. That was pretty plain.
12 SPECIAL AGENT TEATOR: So it's almost like 13 everybody in your group was a consultant at that 14 point, contractors.
15 V Yes. We were internal 16 consultants selling our services.
17 SPECIAL AGENT TEATOR: Okay. Right.
18 *And we had to sell a 19 certain amount of our services to stay in business.
20 And as a result, I had to downsize my team.
21 SPECIAL AGENT TEATOR: So wherever your 22 team is working in the Corporation their client had to 23 want to continue them on a year-by-year basis?
24 A client. It was 25 possible that if Nuclear didn't want to continue her NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHrflF ISI ANf AVF NW
35 1 *services that she could have been redeployed somewhere 2 else.
3 SPECIAL AGENT TEATOR: Okay. All right.
4 It's 4:48. We'll take a very short break off the
- 5. record, then we'll continue, okay?
- Okay.
6 7 SPECIAL AGENT TEATOR: Thanks.
8 (Whereupon, the foregoing matter went off 9 the record at 4:48 p.m. and went back on 10 the record at 4:51 p.m.)
11 SPECIAL AGENT TEATOR: Okay. We're back 12 on the record. It's about 4:51 in the afternoon.
13 ftalking about your organization 14 just a little bit more and then we'll go and start 15 focusing on Kim Harvin a little bit and what happened 16 with her. But at some point did people in your 17 department lose their positions? Were positions 18 eliminated?
19 20 SPECIAL AGENT TEATOR: And was it after 21 Kim went down to work for Nuclear or before or both?
22 ý-i-A* I can't remember exactly.
23 It was around the same time.
24 SPECIAL AGENT TEATOR: Okay. Do you know 25 how many?
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36 1Three people in my 2 organization:
3 4 SPECIAL AGENT TEATOR: Okay. Three out of 5 how many?
6 Three out of at the time 7 ten.
8 SPECIAL AGENT TEATOR: Okay. And Kim's 9 position was eliminated in --
10 u~t\Alss1 11 (phonetic) went to another organization, so it was 12 actually four. She wasn't downsized. She ended up 13 getting another position.
14 SPECIAL AGENT TEATOR: Okay. And Kim 15 left, so that would be five. She went to NBU.
16 Yes. Right. I went down 17 to five from ten.
18 SPECIAL AGENT TEATOR: Okay.
19 - Originally I was 35.
20 I've gone down a lot.
21 SPECIAL AGENT TEATOR: Oh. Kim' s position 22 was -- she was notified in late February, and then 23 there was a letter following that, but were there 24 others eliminated in your group, even in that time 25 p6riod, in the spring of '03, or is that the time NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1'2'4 Du~rnrC M ANIfl MC N1 MA
37 1 period we're talking about here?
2 The time period we were 3 just talking about was when she first went to -- that 4 was 2001.
5 SPECIAL AGENT TEATOR: Okay.
6 When she first went down 7 there.
8 SPECIAL AGENT TEATOR: So going forward 9 from there, did you lose -- did people in your 10 Department, other people lose their positions?
11 ** We just had a redesign, 12 and I lost my entire Department.
13 SPECIAL AGENT TEATOR: Right. But going 14 back up to the point --
15
- They weren't downsized.
16 It was just shuffled around.
17 SPECIAL AGENT TEATOR: Right. Talking 18 about spring of '03, though, were you still losing 19 people in your Department up through the spring of 20 '03? .
21 Not involuntarily. I had 22 a retirement that I wasn't able to replace --
23 SPECIAL AGENT TEATOR: Right.
24 1~5i 25 (phonetic), and so, basically, what's happened is NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.
38 1 through attrition I went way down and they never let 2 me replace any people, and then the only people I had 3 to downsize were the ones I mentioned.
4 SPECIAL AGENT TEATOR: All right. And you 5 touched earlier on discussions you had withf 6 about Kim's status for '03; is that correct?
7 8 SPECIAL AGENT TEATOR: And you already 9 shared those with me.
10 I think I had two 11 conversations with him. One was at the Minority 12 Achievers Dinner, and the other one was when I was 13 talking to him in a one-on-one interview.
14 SPECIAL AGENT TEATOR: When do you think 15 the Minority Achievers Dinner was? Would it have been 16 in 2002?
17 . Yes. Oh, yes. It was in 18 2002.
19 SPECIAL AGENT TEATOR: Okay. Summer?
20 Fall? Spring?
21 SI 'm trying to remember 22 what the weather was. It was cold.
23 SPECIAL AGENT TEATOR: Okay.
24
- IUI.So it must have been the x 25 winter.
-'I NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.
39 1 SPECIAL AGENT TEATOR: All right. Is 2 there anything more you can share with me on what you 3 took from whatW answered?
4 I had heard a rumor prior 5 to my talking to him that night that he was on his way 6 out.
7 SPECIAL AGENT TEATOR: wasy 9 SPECIAL AGENT TEATOR: Okay.
10 "mm )And so when he was very 11 short with me, I interpreted it like, "I'm not telling 12 you anything," and he didn't want to talk to me.
13 SPECIAL AGENT TEATOR: Right.
14 His curtness I didn't 15 take personally, I took that he didn't want me to 16 probe anymore, so I backed off.
17 SPECIAL AGENT TEATOR: Di ever make 18 a statement to you something to the effect of he would 19 have Kim down there on a year-by-year'basis but they 20 wouldn't need a change expert forever? Did he ever 21 make a statement like that to you?
22 I vaguely recall that, 23 yes.
24 SPECIAL AGENT TEATOR: You vaguely recall 25 that?
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
40 1--Yes, now that you mention 2 it.
3 SPECIAL AGENT TEATOR: All right. Can you 4 dig a little deeper in your memory to when you think 5 you may have heard that and where you would have heard 6 it from.
7 It was probably during 8 the conversation when we were talking about her going 9 down on a rotational assignment.
10 SPECIAL AGENT TEATOR: Okay. That would 11 be--
12 j In one of those 13 conversations we were working out that arrangement --
14 SPECIAL AGENT TEATOR: All right.
15 Wn -- and he said--
16 actually, it might have been after she was already 17 down there. It was after she was down there, and I 18 was checking in on her performance. She was down 19 there already, working down there, I don't remember 20 exactly when it was, but he definitely said, "She's 21 doing a great job, but I don't know that we're going C 22 to need a change person forever."
23 SPECIAL AGENT TEATOR: Right.
24 "Eventually we'll get it 25 right, and we won't need"-- that's typical in change.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
41 1 SPECIAL AGENT TEATOR: Okay. Do you think 2 it was by phone or in person?
3 9 It was on the phone.
4 SPECIAL AGENT TEATOR: Okay. Do you keep 5 a phone log or notes of phone calls?
6 f : Sometimes but I don't 7 have that.
8 SPECIAL AGENT TEATOR: Okay. All right.
9 It was kind of an off-10 the-cuff kind of throw-away comment. It was kind of 11 like, "Well, in change, you don't need a change person 12 forever. Once you change, you don't need them 13 anymore." So it was kind of like that. It wasn't a 14 statement of specific things, "I'm going to need her 15 this long. I'm not going to need her after that," or 16 anything like that.
17 SPECIAL AGENT TEATOR: Right. If you 18 could pull out the Winston Strawn transcript, please, 19 Jeff. Did you get a copy of your transcript?
20 M Yes, I did.
21 SPECIAL AGENT TEATOR: Okay. If you can 22 go to Page 5, please, beginning on Line 10, you U 23 answered -- there's a question up above that but you 24 answer on Line 10, "i don't remember any conversations 25 about the permanency of her position specifically.
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(202)B 234-4433 WARHN(rTrAM n r'* *nnfrn
42 1 When she moved over there was a conversation that, 2 which is documented in this letter, that there's no 3 guarantees that she was to move over." Is there 4 another document that might be out there, letter form, 5 or are you talking about the email?
6 ) The email.
7 SPECIAL AGENT TEATOR: Okay. All right.
8 Thank you. We talked a little bit about this but if 9 you can go to the bottom of Page 6, please. Beginning 10 on Line 20 the question is -- and this is Mike McGarry 11 (phonetic) asking the questions, an attorney with 12 Winston Strawn. Line 20 reads, question, "If she 13 hadn't been moved over, would her job have been 14 eliminated in Corporate?" Answer, "I can't say for 15 sure. I would say it was highly likely."
16 - It was possible. I 17 really didn't know.
18 SPECIAL AGENT TEATOR: Okay.
19 I'd be speculating.
20 SPECIAL AGENT TEATOR: You were 21 speculating.
22 I said whether her's 23 specifically would have been included would have -- I
/
24 would have been speculating.
25 SPECIAL AGENT TEATOR: But it was a NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
43 1 possibility.
2 And so I said I had to 3 last year go down a number of positions. Those are 4 the positions I was just talking about. And whether 5 her's specifically would have been included, I don't 6 know.
7 SPECIAL AGENT TEATOR: Go off from the 8 transcript for just a minute. Do you recall maybe 9 having lunch with oup here at Corporate where he 10 specifically told you that, "I'm not going to need her 11 services in 2003"? Can you recall having been part of 12 such a conversation withI >at a lunch or --
13 : I don't remember ever 14 having lunch with him.
15 SPECIAL AGENT TEATOR: Okay. Ever? Not 16 in the cafeteria, the Corporate cafeteria or anything 17 like that?
18 .1 had a meeting with him.
19 I don't remember having lunch with him. We sat 20 together at that Minority Achievers.
21 SPECIAL AGENT TEATOR: I guess the 22 important part of the question is do you recall him 23 ever stating to you specifically that he was not going 24 to need her services in 2003?
25 1....don't recall that.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
44 1 SPECIAL AGENT TEATOR: Okay. When did you 2 first hear that Kim's position was going to be 3 eliminated down at Salem-Hope Creek? When did you 4 first learn that, and who did you hear it from?
5 )called me, and 6 I was sitting in my office, and said, "I want you 7 to know because you may get a call that we just 8 terminated Kim or Kim was just terminated. She just 9 was told."
10 SPECIAL AGENT TEATOR: Right.
11 .1 "And you may get a call."
12 SPECIAL AGENT TEATOR: From who?
- 13. From Kim.
14 SPECIAL AGENT TEATOR: Okay. Did( tell 15 you--
16 And: wanted me to hear 17 it before I heard it from Kim.
18 SPECIAL AGENT TEATOR: Why?
19 1 don't know.
20 SPECIAL AGENT TEATORi Did you get a call 21 from Kim?
22 09 I did get a call from 23 Kim, and I got that email from Kim, and I'm trying to
/
24 think if I got the email before or after I talked to A 25 her. She was notified -- did you say earlier when she NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
45 1 was notified?
2 SPECIAL AGENT TEATOR: She was notified in 3 late February verbally. It was February '03.
4 Okay. I was notified the 5 same day. me the same day. And then she 6 sent me this would have been a week or two later.
7 SPECIAL AGENT TEATOR: This meaning what?
8MN l This email about that her 9 position was currently on the list to be eliminated.
10 SPECIAL AGENT TEATOR: That's one we've 11 already talked about, right?
12 Right.
13 SPECIAL AGENT TEATOR: Okay. All right.
14 . So that was the next 15 contact after, .
16 SPECIAL AGENT TEATOR: Okay. And you 17 testified in your Winston Strawn transcript on Page 11 18 I think about the discussion you had with Kim after 19 Kim was informed that here position was being 20 eliminated.
21 Right. Right.
22 SPECIAL AGENT TEATOR: Beginning at Line 23 6, and I'll read the question, the question is, "I 24 think we are interested in whether or not she provided 25 any information to suggest or to support an allegation NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
j1)n11% nýA A Aný
46 1 that her job was eliminated because she raised her 2 safety concerns." Answer, "Absolutely not. That 3 question never came up. She did say something about 4 more of a diversity issue in terms of women having a 5 hard time down there, having chartered diversity for 6 the enterprise." So I think she was seeing if I would 7 -- where I was at on that issue."
8 Line 16, "She asked for my advice in 9 coaching and I gave it to her, which was that I 10 thought that her career and she personally would be 11 better off putting her energy into doing something on 12 the outside. That was my coaching to her." That's 13 the sentence I wanted to ask you about, "She 14 personally would be better off putting her energy into 15 doing something on that outside." What did you mean 16 by that when you told Kim that? What made you say 17 that during this interview, I guess, to Mike McGarry?
18 Is there something you were aware of that Kim was 19 doing that you disagreed with?
20 of No. I just didn't think 21 she was being appreciated in the Company, generally.
22 SPECIAL AGENT TEATOR: Okay.
23 So I thought she was a 24 great person and she has a lot of positive energy and 25 she should put her energy where it's appreciated, not NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1R9. RHcdnp IRI Amn AVF= N W
47 1 where it's not appreciated. So I thought she should 2 do consulting on the outside, go somewhere else where 3 she could really thrive. I wasn't hearing a lot of 4 positive things about her.
5 SPECIAL AGENT TEATOR: All right. When 6 did that start happening, I guess?
7 When did I start not 8 hearing good, positive things about her?
9 SPECIAL AGENT TEATOR: When did you start 10 hearing not positive things about her? When did that 11 start happening?
12 Over time I heard not 13 positive things about her for a number of years.
14 SPECIAL AGENT TEATOR: While she was at 15 Nuclear, after she went to Nuclear or before she went 16 down to there?
17 Both, before and after.
18 SPECIAL AGENT TEATOR: Okay. Can you tell 19 me--
20 17V.. I didn't think she was 21 highly thought of by some powerful people.
22 SPECIAL AGENT TEATOR: She was highly 23 thought of?
24 She was not highly 25 thought of by some powerful people.
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I JllJJ f * ....
48 1 SPECIAL AGENT TEATOR: Okay. Were any of 2 those people working at Nuclear?
3 I'm talking about more 4 people in Corporate. In Nuclear, there were people 5 that were not very positive about her. I don't know 6 if they were the leadership team.
7 SPECIAL AGENT TEATOR: Okay. Tell me what 8 you heard about the people working at Nuclear while 9 Kim was down there, positive or negative.
10 Well, I had heard, not so 11 much firsthand, though, so I don't know if I should go 12 into it, it was more secondhand.
13 SPECIAL AGENT TEATOR: All right. It's 14 going to come out as secondhand. That's the way it 15 will -- and I can follow up with those people if I 16 need to.
17 I had heard that 18 \(phonetic), and she once passed along an 19 voicemail from him, that he was very positive about 20 her. Other people were not so positive about her I 21 had heard.
22 SPECIAL AGENT TEATOR: Like?
23 24 (phonetic), one being. Didn't get along at all.
. phonetic) did not say good things 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
49 1 about her.
2 SPECIAL AGENT TEATOR: He was Nuclear?
3He was Power, an 4
5 SPECIAL AGENT TEATOR: Right.
6 e But in a significant 7 position to have influence, because he was in charge 8 of' and she was sort of doing HR type work.
9 SPECIAL AGENT TEATOR: Right.
10 .a And he never had a good 11 thing to say about her. lIever had a good 12 thing to say about her. )phonetic) never 13 had a good thing to say about her. RM 14 (phonetic) never had a good thing to say about her.
15 SPECIAL AGENT TEATOR: Stop for a minute.
16 Any of those four people you just mentioned,---
17 18 SPECIAL AGENT TEATOR: --
19 did any of them say they were 20 unhappy with her because she raised concerns down at 21 the site, any type of concerns? Did they attach that 22 criticism to her raising concerns down at the site, 23 nuclear safety concerns?
24 Not nuclear safety. No, 25 that never came up. /
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50 1 SPECIAL AGENT TEATOR: Any kind of safety 2 concerns?
3 tJ Not safety concerns.
4 SPECIAL AGENT TEATOR: Maybe, generally, 5 if you could tell me what the criticism was about --
6 just so I understand a little bit.
7 nce said that she 8 butted into issues she had no right to be involved in, 9 and I think it was employee relations concerns, that 10 she was acting beyond her purview.
11 SPECIAL AGENT TEATOR: Union management?
12 Union management and 13 employee relations kinds of things. She was entering 14 areas of employee relations which she should not have 15 been entering.
16 SPECIAL AGENT TEATOR: Okay.
17 (d *P And that botheredi 18 And I think( as of a similar mind.
19 SPECIAL AGENT TEATOR: About the employee 20 relations type issues.
21 Yes.
22 SPECIAL AGENT TEATOR:
23 .: AWnever had a good 24 thing to say about her, and I can't quote specifically 25 but he thought she was a little bit off the beaten NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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51 1 track, shall we say.
2 SPECIAL AGENT TEATOR: But to finish on 3 that area, none of that criticism was related to her 4 raising safety concerns at the plant?
5 I never heard any 6 conversation from her or anyone else regarding nuclear 7 safety concerns.
8 SPECIAL AGENT TEATOR: Right. Nuclear 9 safety -- the NRC views it pretty broadly, frankly, 10 maybe more 11 She worked on the 12 culture.
13 SPECIAL AGENT TEATOR: Let me finish for 14 a minute -- maybe more broadly than some of the people 15 down at Salem-Hope Creek view it, frankly. It's just 16 the way it is. That's the way the Commission looks at 17 it. Did any of that criticism -- was any of that 18 criticism voiced, to your knowledge, because she 19 raised safety concerns down at the plant?
20 No, but criticized, 21 he said things like, "I don't know what the heck she's 22 doing. She's in outage" -- you know, he said,.,'"She's 23 way outside what her job is." He was annoyed, very 24 annoyed --
25 SPECIAL AGENT TEATOR: Right.
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52 1 -- that she was doing things 2 that he thought were completely inappropriate for her 3 to be doing.
4 SPECIAL AGENT TEATOR: All right.
5 And I don't know exactly 6 what those things are, but it had to do with her 7 working in outages, in control center. I don't know 8 what she was doing. I don't even know exactly what 9 she was doing. I never understood, personally, 10 exactly what she was doing. She didn't tell me.
11 SPECIAL AGENT TEATOR: All right. Let's 12 talk about for a minute.
wo Okay 13 14 SPECIAL AGENT TEATOR: Did you ever hear 15 )give positive or negative feedback regarding 16 Kim's performance, other than what you've already 17 talked about, he answered, "Fine."
18 WWell, he wrote her 19 performance appraisal --
20 SPECIAL AGENT TEATOR: Right.
21 -- and gave written 22 input, and I shared that with her. And it's all 23 documented, I'm sure you have copies. And he said 24 positive things, and he had some room for improvement. "I',
ý-.-f 25 SPECIAL AGENT TEATOR: Right.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS vr4i P~flflF mi2 ahin A%/;: tNw
53 1 And I shared that with 2 her directly and went over it with her.
3 SPECIAL AGENT TEATOR: All right.
4 M :* I attached it to her 5 performance appraisal. So, generally, he was positive 6 about her, and he wanted her to have -- the major 7 criticism that I recall that he had about her was that 8 she was doing too much at the individual level, 9 individual one-on-one coaching, and he wanted her to 10 be more of an organizational -- be more at the ii organizational level around leadership.
12 SPECIAL AGENT TEATOR: Okay. Did. --
13 So I supported her in 14 that.
15 SPECIAL AGENT TEATOR: I'm sorry, I 16 stepped on you.
17 That's okay.
18 SPECIAL AGENT TEATOR: Diý ever tell 19 you that he had any criticism of her work because she 20 raised any type of safety concern? I'm going to use 21 general, safety concern.
22 ~~No. \ /
23 SPECIAL AGENT TEATOR: Never? I>
24 Never. Absolutely not.
25 SPECIAL AGENT TEATOR: Continue, please, NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
54 with the transcript, bottom of Page 11. Mr. McGarry 2 asked you at Line 21, "Well, how did she take the 3 advice which we just discussed," Lines 10 through 20, 4 and you answered, "She really appreciated it. She 5 called me back and left me a message saying that I was 6 right. She didn't say what I was right about, but I 7 assumed that was what she meant," continuing on Page 8 12, "that she'd be better off leaving." Line 2 and 3 9 read, "And she asked me if she had been blackballed."
10 What did she mean by that? Did she get into with you 11 of why she -- go ahead and share with me. You're 12 shaking your head yes, you're nodding.
13 She didn't get into what 14 she meant by that. I know what the word means, and I 15 assumed what she meant is is she kind of being 16 considered persona non grata, she's going to be 17 pigeonholed, no one's going to take her, she's like 18 blackballed.
19 SPECIAL AGENT TEATOR: Right. You 20 answered you weren't aware of that.
21 WI said not that I was 22 aware of.
23 SPECIAL AGENT TEATOR: Right.
L 24 I didn't know if she had 25 or had not, although in my mind I knew that there were NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
55 1 a number of people who didn't think highly of her, so 2 I didn't get into that with her and tell her 3 I- yes, I didn't get into that. I didn't 4 think there was any reason to say that at that point.
5 It wasn't blackballed, it was just that you're either 6 highly thought of, negatively thought of or somewhere 7 in the middle.
8 SPECIAL AGENT TEATOR: Right.
9 And I thought she was not 10 highly thought of by a lot of people.
1i SPECIAL AGENT TEATOR: Right. But when 12 she asked you if she had been blackballed, did she 13 tell you why she asked that question, why she felt she 14 maybe was blackballed? Did she get into that at all?
15 She did not. No, she 16 didn't.
17 SPECIAL AGENT TEATOR: Ever.
18 o No.
19 SPECIAL AGENT TEATOR: Did you tell 20 anybody in your management about her asking you that 21 question, whether she was blackballed or not?
22 Mill .) No. I never told anyone 23 about this conversation with her until this.
24 SPECIAL AGENT TEATOR: Right. Go to Page 25 17, please. I'm going to turn the tape off, but why NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINrTOIm n rl ' )nnnrO %4
56 1 don't you read Page 17 beginning at, I guess, Line 4, 2 it's talking about (phonetic) and 3 )(phonetic). It's 5:14. We'll turn the tape 4 off.
5 (Whereupon, the foregoing matter went off 6 the record at 5:14 p.m. and went back on 7 the record a short time later.)
8 SPECIAL AGENT TEATOR: Have you had a 9 chance to read that portion of the transcript. On 10 Line 5 of Page 17, talking about and 11 then on Line 24, I'm skipping quite a bit here, 12 but you did have a chance to read the page, talking 13 about _gain, and the statement on Line 14 24, "They had some private conversations with people 15 about Kim and her contribution down there." Is that 16 referring to Salem-Hope Creek?
17 ~jnIrr- ~. -- ~
Yes.
18 SPECIAL AGENT TEATOR: Can you tell me 19 what you know of those conversations about --
Well, they were working 20 21 on a leadership development -- Leadership University 22 for Power, and there was somewhat of a power struggle 23 going on over who was going to be in charge.
24 25 SPECIAL AGENT TEATOR: Right.
And there was the
~1 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
57 and then there was 2 ,joI *)whowas doing some work, and then there 3 was Kim. And she was viewed not that favorably in 4 terms of the role tha
- had given.her to suddenly 5 manage leadership development when all this other work 6 was already going on that was supported by 7 an>
8 sort of reported to -- dotted line reported to 7 9 but he also reported directly to the Chairman. So it 10 was a lack of clarity and there was some problems in 11 that.
12 SPECIAL AGENT TEATOR: Talk about a power 13 struggle between her and these other people.
14 Who was going to manage 15 leadership at Nuclear, basically. Who was going to 16 manage leadership -- competency, direction, leadership 17 development, that whole thing.
18 SPECIAL AGENT TEATOR:. When was this going 19 on that you're referring to?
.20 M M Well, there was an email 21 where she talked about it. Let me find it. I believe 22 it was late 2002.
23 SPECIAL AGENT TEATOR: I'll turn the tape 24 off for a minute.- "
25 (Whereupon, the foregoing matter went off NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
58 1 the record-for a short period of time.)
2 SPECIAL AGENT TEATOR: Were you - - at that 3 time when you're talking about these individuals, 4 did they 5 "provide you any feedback about their view of Kim's job 6 performance down there at the site? Did they give you 7 any input on their view of Kim's job performance down 8 there at that time? This is late in 2002. If they 9 did, I think it's relevant.
10 , ). I had heard that Kim was 11 viewed as )spy. I had heard that several 7c 12 times, that people didn't trust her, that -- let's 13 see, there was something *as very upset with 14 her. I'm trying to remember what it was. It was 15 something she had done. I can't remember exactly what 16 it was that w got really upset with her about.
17 SPECIAL AGENT TEATOR: Did you get any 18 input from anyone that they didn't view her down there 19 in late 2002 as providing value? You're nodding.
20 ) Yes. She was in some 21 sticky wickets. She was involved in leadership stuff, 22 and people were questioning the value of what she was 23 doing. They had invested an enormous amount of money 24 in GAP, which she was associated with, and people were 25 questioning whether that was producing any value.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
TV AAIIV21.~r
59 1 SPECIAL AGENT TEATOR: Who? Do you 2 remember who was questioni .ng that and telling you 3 about that?
4 5 SPECIAL AGENT TEATOR: How about anybody 6 directly working for Nuclear?
7 T .1111 I had heard from a number 8 of people that there were two camps. There was the 9 camp of people that thought GAP and Kim were great, 10 and there was the other camp of people that thought it 11 was a bunch of crap, it was a big waste of money. And 12 people were lining up on both sides.
13 SPECIAL AGENT TEATOR: Two camps in 14 Nuclear?
15 Yes. There were the 16 people that believed in GAP and believed that what 17 Mias doing with GAP and what Kim was doing was 18 producing some results and was good stuff, and other 19 people thought it was a giant waste of money.
20 SPECIAL AGENT TEATOR: Do you know on 21 which side of the equation the Vice Presidents would 22 have been on?
23 It probably varied with 24 Vice President. There was probably a little war going 25 on where *was I think supporting it. I NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
60 1 don't know all the Vice Presidents.
2 SPECIAL AGENT TEATOR:
3 (phonetic)?
5 actually interviewed all of them on leadership, but I 6 don't remember specifically on that.
7 SPECIAL AGENT TEATOR:
8 (phonetic)?
9 Yes, ) Which side of 10 the equation they fell on regarding Kim?
11 SPECIAL AGENT TEATOR: Right.
12 . . .* \(phonetic).
13 None of them really talked to me specifically about 14 Kim.
15 SPECIAL AGENT TEATOR: Okay. All right.
16 I do remembe IN 17 being very supportive. He's the only one I remember 18 distinctly being very supportive. When I interviewed 19 some of the other ones, the didn't even bring it up.
20 SPECIAL AGENT TEATOR: You weren't 21 interviewing them about Kim, though.
22 No. I was interviewing 23 them about leadership development.
24 SPECIAL AGENT TEATOR: Okay. When do you 25 think you heard from .*)that he was NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
A Al 1)
61 1 supportive of what Kim was doing? When do you think 2 that would have occurred?
3 It was probably n 2002, 4 sometime in 2002.
5 SPECIAL AGENT TEATOR: Do you think it may 6 have been toward the end or the beginning?
7 )Yes, probably the middle.
8 SPECIAL AGENT TEATOR: Middle?
9 IShe had done something
\ý 10 with the union leadership that was a very effective 11 meeting, and he was telling her how great -- what a 12 great job she did, and she forwarded me the voicemail.
13 SPECIAL AGENT TEATOR: Do you know what 14 the Navigan (phonetic) study is that was done down at 15 the site?
16 17 SPECIAL AGENT TEATOR: Okay. Did you have 18 any information that made you aware that the site was 19 looking to downsize also, they were looking to 20 eliminate positions?
21 I had heard.
22 SPECIAL AGENT TEATOR: Okay. And when did 23 you hear that? When do you think- first heard that?
24 25 were always downsizing.
Which downsize? They
/ //'~ ~
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVF. N W
62 1 SPECIAL AGENT TEATOR: Well, I guess in 2 late '02 or early '03 is what I'm talking about.
3 That's the time period I'm talking about.
4 I don't remember 5 specifically.
6 SPECIAL AGENT TEATOR: Okay. But you 7 aware that there were downsizings going on down at the 8 site?
9 l**i Oh, yes.
10 SPECIAL AGENT TEATOR: Okay. I guess it 11 was across the Company, not just in Nuclear.
12 :i" oh, yes.
13 SPECIAL AGENT TEATOR: All right. So 14Wcalls you and tells you Kim's job has been 15 eliminated, okay? And Kim's getting 45 days where 16 she's going to be paid for 45 days. At some point a 17 decision was made, though, to accelerate her access to 18 the client, to the site, all right? That did occur.
19 That's a fact. Did you have any involvement in that 20 decision?
21 ipW No.
22 SPECIAL AGENT TEATOR: Were you aware that 23 that acceleration occurred when it was occurring?
24 No.
25 SPECIAL AGENT TEATOR: Okay.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
63 1 I think I heard about it 2 after fro 3 SPECIAL AGENT TEATOR: Okay. Have you 4 since learned why that -- I'm going to use the word, 5 "acceleration." Have you learned why that occurred?
6 The only thing I heard 7 was that . said 1 she was continuing to set up 8 meetings with people and do work of some nature after 9 she already knew she was going to be gone. That 10 infuriated him. That wasn't the thing that infuriated 11 him that I was talking about earlier, which I'm trying 12 to remember. It was something else that she had done 13 where she -- I don't know the exact circumstances, but 14 she had take, side on something when she was 15 supposed to be doing something with!
16 And he was wanting to represent t 17 became a power struggle between )representing 18 ['All" j. 1 . an andi 19 her taking on( )side. So there was a big power 20 struggle.
21 SPECIAL AGENT TEATOR: And6 22 23 Yes.
24 SPECIAL AGENT.TEATOR: Okay.
25 IILWhich oversaw Nuclear.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS jl')lD ~InC 1 AkIri AIC &IM
64 1 SPECIAL AGENT TEATOR: All right. Did 2 -- when he was telling you about Kim's 3 continuing to set up meetings, in your opinion, it 4 infuriated --
5 Infuriated him.
6 SPECIAL AGENT TEATOR: -- Did he 7 say to you that he had provided any input or direction 8 into this acceleration of Kim's departure from the 9 site?
10 He didn't say it 11 directly, but it wouldn't have surprised me.
12 SPECIAL AGENT TEATOR: Okay. What did he 13 say? Did he talk about the acceleration, other than 14 what you've already --
15 He said something about, 16 "She's off the property."
17 SPECIAL AGENT TEATOR: All right. That's 18 a little harsh, isn't it? That's my opinion.
19 It seemed to be harsh, 20 "She's off the property."
21 SPECIAL AGENT TEATOR: Right. Did he give 22 you any more reasons for why that occurred other than /,\ U 23 her continuing to set up meetings?
24
- That was the only thing 25 he said.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHOnfl II mn A\,c ,IMI
65 1 SPECIAL AGENT TEATOR: All right.
2 He said, "She's 3 continuing to do her job. She still didn't get the 4 message."
5 SPECIAL AGENT TEATOR: In any of your 6 discussions with Kim Harvin, any of them, even up 7 through today, did she make a link with her job being 8 eliminated to her raising safety concerns down at the 9 plant? Did she make that claim to you, that she 10 thought her job was 'liminated because she had raised 11 such concerns down at the plant?
12 f NMMShe LTI1M never spoke to me.
13 1 haven't talked to her, but she did send me something 14 recently at home.
15 SPECIAL AGENT TEATOR: Okay. Do you have 16 it?
17 - You said up till today.
18 Yes, she sent me this. I got it at home.
19 SPECIAL AGENT TEATOR: It's 5:29. I'll 20 take a look at it off the record.
21 (Whereupon, the foregoing matter went off 22 the record at 5:29 p.m. and went back on 23 the record a short time later.) L 24 SPECIAL AGENT TEATOR: Okay, I just 25 provided you with a copy of a June 14, 1999 memo from NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVF N W
66 2 (phonetic).
3 SPECIAL AGENT TEATOR: -- from 4 ,* X .WM,.'(phonet ic).
A 6 ~~SPECIAL AGENT TEATOR: (isry 7 Were you made aware of this issue described in this 8 memo?
9Bs 10 SPECIAL AGENT TEATOR: Okay.
11 She sent it to me.
12 SPECIAL AGENT TEATOR: All right. And the 13 cover there. And what if anything was done to address 14 the issue described in the memo? I'm not being 15 critical if something was or wasn't done. I just want 16 to understand what if any action was taken as a result 17 of whatt 'paid in this memo?
", . 4 18 r Right. I'm trying to 19 remember. I called-( %phonetic) about it.'
20 SPECIAL AGENT TEATOR: And who is he?
21 : W P W) He is the" 22 He's 23 nowat And discussed it. I discussed it with Kim,
/
24 and I got back wit )I don't remember exactly.
25 I really can't remember exactly, this was five years NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.
67 1 ago, but I believe that Kim said it was a 2 misunderstanding or something.
3 SPECIAL AGENT TEATOR: Okay. Did anything 4 similar to this occur from that point fforward with 5 Kim's interactions with anybody that you're aware of, 6 any other memos like this? It's really a complaint.
7 Anything similar to that regarding Kim Harvin from 8 that point forward?
9 There was an integrity 10 complaint.
11 SPECIAL AGENT TEATOR: About what and from 12 who?
13 Someone had filed an 14 internal integrity complaint regarding her 15 relationship with GAP International and Landmark, and 16 that they thought that there was some kind if 17 inappropriate fiduciary or financial relationship in 18 that GAP was getting a lot of money to do work there 19 in Nuclear and she -- her husband worked for Landmark 20 and they felt that somehow Landmark -- that the money 21 was being funneled back from GAP to Landmark to her 22 husband and that it was a conflict of interest. It 23 was an accusation to that effect. It was investigated z
24 internally, and my understanding is that they 25 concluded that there was no conflict of interest.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
68 1 SPECIAL AGENT TEATOR: Okay.
2 . But it was a full 3 investigation.
4 SPECIAL AGENT TEATOR: Do you know when 5 that complaint, internal complaint or allegation was 6 made?
7 It was shortly after GAP 8 was brought on board. I don't remember when that was.
9 Probably in '99. She also hadn't gone through proper 10 -- one result of that also, although she did not --
11 the investigation showed that there was no conflict of 12 interest. It did show that she did not follow proper 13 internal procurement procedures, and we put a letter 14 in her personnel file to that effect.
15 SPECIAL AGENT TEATOR: Okay.
16 She didn't follow 17 procedures and there was no -- she didn't follow the 18 procedures she was supposed to follow.
19 SPECIAL AGENT TEATOR: Was she put on any 20 type of warning that, "If such activity happens again 21 22 v Yes, we wrote a letter.
23 SPECIAL AGENT TEATOR: -- you could be 24 subject to up and including dismissal?"
25 We sent her a letter, and NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N W
69 1 the letter would have said something like that.
2 SPECIAL AGENT TEATOR: Right. Any other 3 -- was there anything else similar to that?
4She didn't follow proper 5 procedures in her expense accounting and reporting --
6 not accounting, reporting. She was always late, and 7 put a letter in her file.
8 SPECIAL AGENT TEATOR:
9 when she 10 was still working for him, because she was always 11 late. He'd always have to be chasing her down.
12 SPECIAL AGENT TEATOR: Even back then.
13 She would submit her 14 bills like six months late all the time.
15 SPECIAL AGENT TEATOR: Okay.
Xa 16 .And he kept telling her 17 she couldn't do that, and she was continuing to do it, 18 so finally we put a letter in her file about that, in 19 her personnel file. I don't have her personnel files.
20 Maybe you have them. There was a letter thatS 21 wrote.
22 SPECIAL AGENT TEATOR: Anything else that 23 you can recall, any other complaints, issues about --
24 7 _' ............ I would frequently hear 25 that she was not trusted dOwn in Nuclear by some NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 2 n'rV = 101 AKlr* AIr KI IAI
70 1 people, because she considered a spy foad41 .w 2 SPECIAL AGENT TEATOR: Right.
3 But not a formal 4 complaint. The formal complaints were this thing from 5 \ýthe integrity thing and the thing with the 6 expenses and the procurement with the GAP.
7 SPECIAL AGENT TEATOR: Right. Do you know 8 if her expense reporting issues had anything to do 9 with her being accelerated from the site?
10 I don't know if they did 11 or not.
12 SPECIAL AGENT TEATOR: After Kim had been 13 informed in late February '03 that her position was 14 eliminated, did you hear about any concerns raised 15 with the way she was acting down there at the site 16 after she had been made aware of that?
17 Yes, that she kept making 18 -- pretending it wasn't happening. She was setting up 19 thatIs
-- what as saying, that she' kept 20 setting up meetings and doing work and stuff like 21 that.
22 SPECIAL AGENT TEATOR: Okay. How about 23 concerns raised with her emotional state?
24
- Well, she was very upset.
'I' 25 SPECIAL AGENT TEATOR: Right. But did you NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
71 1 get any concerns or issues raised by people at the 2 site regarding the way Kim was acting down there after 3 she was informed her job was eliminated?
4 No. I didn't talk to 5 anybody down there.
6 SPECIAL AGENT TEATOR: All right. It's 7 5:39. I'm just about finished up. We'll take one 8 more break and then we'll conclude, okay?
9 -mp)MW Okay.
10 (Whereupon, the foregoing matter went off 11 the record at 5:39 p.m. and went back on 12 the record a short time later.)
13 SPECIAL AGENT TEATOR: Okay. We're back 14 on the record.
15 (END TAPE 1, SIDE A) 16 (BEGIN TAPE 1, SIDE B) 17 M6 0iw .
.. -- the same genres, 18 somewhat inappropriate behavior or decisionmaking, 19 which was she had invited a whole bunch of people and 20 their spouses to attend a workshop in Toronto and had 21 indicated thatl was going to pay for everybody, 22 including the spouses, and he had not agreed to do 23 that. So it was kind of inappropriate, and so she 24 ended up actually paying for $3,000 out of her own 25 pocket, and I ended up paying for her, but that was NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1171~ RP-lflfl MI ANIfl AXIX 1\ IA!
72 1 it. That was all I agreed to pay for --
2 SPECIAL AGENT TEATOR: When did this come 3 up?
4 w-... as a development 5 activity. This was probably in 2002.
6 SPECIAL AGENT TEATOR: Okay.
7 M m I'd have to check the 8 file exactly. It was a development opportunity.
9 SPECIAL AGENT TEATOR: Do you know if a 10 letter was put in her personnel file because of that 11 issue?
12 -I don't know. She was 13 already working down there.
14 SPECIAL AGENT TEATOR: Okay.
15 MM.A- WA,,I didn't put one in, but 16 there was some emails about it.
17 SPECIAL AGENT TEATOR: Do you think you 18 have those in your folder?
19 F-1Somethingabout it.
20 SPECIAL AGENT TEATOR: You don't have to 21 look now.
22 7 Yes. Mission Control.
23 It was called Mission Control, and it was another 24 program somewhat related loosely to the Landmark and 25 GAP workshop stuff and she got all excited about it NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHnnF ISI ANf AVF NW
73 1 and invited a whole bunch of people to go and told 2 people that : was going to pay for it.
3 Unbelievable.
4 SPECIAL AGENT TEATOR: All right. After 5 looking at the file that you prepared today, emails, 6 whatever is in there, I may need to interview you 7 about -- if I can do it over the phone, I will; if I 8 can't, I'll have to come back and do it in person.
9 And if I do, I'll contact you --
10 Okay.
11 SPECIAL AGENT TEATOR: -- and we'll 12 schedule it that way. But to kind of finish up here, 13 what's your understanding for why Kim's job was 14 eliminated down at the site? What's the basis for 15 your answer? I'll ask you what your basis would be?
16 Do you know why the position was eliminated?
17 No. I don't really know.
18 SPECIAL AGENT TEATOR: Did you ever hear 19 why'her position was eliminated?
20 I would be speculating 21 that itihdoe had something n to do with. 0 And 22 since he was leaving, she was kind of his person, so 23 they got rid of her. That's what everybody thinks, 24 because she was really working for ' " and so a new 25 regime was coming in. I mean this happens a lot in NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHOnF IS1 ANf AVF NW
74 1 organizations.
2 SPECIAL AGENT TEATOR: Right.
3 ( ) The top person leaves and 4 their people go, and then the new person comes in and 5 they bring their own people. So everyone -- I 6 shouldn't say everyone, the general belief that I had 7 heard was that she left because U eft. 1 .
8 SPECIAL AGENT TEATOR: Do you have 9 anything more you can add on that?
10 - ) Well, she didn't have a 12 broad base of support other than. and a few 12 people, so with the change of regimes, coming in 13 and problems down in Nuclear in terms of results and
'14 _wanting to get more control over it via 15 and didn't like her, I told you that
'16 already, so *hy would he keep her?
17 SPECIAL AGENT TEATOR: Why would who keep 18 her?
19 And why would 20 -- 'she didn't have anybody to support unless she was 21 going to support and that was not going to 22 happen.
23 SPECIAL AGENT TEATOR: Why?
24 Because she was 25 person. She was very closely associated With",
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1.9. RHC~nFl mi AhinI &%xP Ni wA
75 1 So if he was leaving, I had heard she was out.
2 SPECIAL AGENT TEATOR: How about A 3 set's talk about him for a minute. Were you 4 ever present for a discussion he had regarding Kim's 5 performance --
6 Yes.
7 SPECIAL AGENT TEATOR: -- down at the 8 site? And if so, when was it and what was said?
9 10 age asked me -- I was in 10 a meeting with and myself 11 sometime in 2002, and he asked me, "What does she do 12 down there?"
13 SPECIAL AGENT TEATOR: Right.
14 no, "What does she do,"
15 something like that. And I told him what she was 16 doing. He asked me about GAP, how I viewed GAP and 17 the work she was doing down there, and I gave a very 18 kind of objective explanation of it, because he didn't 19 know anything about it.
20 SPECIAL AGENT TEATOR: Right.
21 lHe said, "What is that?"
22 So I tried to explain it in a way that he'd understand 23 about the culture change down there that she was 24 helping with. I wasn't overwhelmingly positive or 25 negative at the time. I just described what it was, NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
76 1 and then he also asked me about Gallop and I talked 2 about Gallop and different things. And that was it.
3 SPECIAL AGENT TEATOR: Okay. But he was 4 asking questions about what's she doing. Is he 5 commenting on her job performance?
6 He didn't come out and 7 say anything, but by the tone I got the impression 8 that he didn't think very highly of her, but that 9 would be speculation.
10 SPECIAL AGENT TEATOR: Okay. All right.
11 It was kind of like, 12 "What is she doing here?" You could ask, "What is she 13 doing down there," or "What is she doing down there,"
14 kind of thing. It was like, "What is she doing down 15 there?" He wasn't at all clear on what she was doing 16 down there.
17 SPECIAL AGENT TEATOR: All right. I don't 18 have anything more to ask you this evening. I 19 appreciate your time and patience going through some 20 of this stuff. Jeff, is there something you want to 21 go over with your client?
22 MR. KEENAN: No, nothing further.
23 SPECIAL AGENT TEATOR: In is there 24 something you want to add? I mean, you know, the /
25 allegation is that Kim Harvin's position was NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
77 1 eliminated because she raised nuclear safety concerns 2 and also that her removal from the site was 3 accelerated because she had raised such concerns. Do 4 you have anything else to add regarding whether in 5 fact that's true or not that we haven't talked about 6 today?
7 . The first I heard about 8 it was when I read it in the Morning Report at work 9 and then when she sent me this when she was doing her 10 thing down there. So I didn't know anything about the 11 safety -- her relating it to the safety concerns.
12 SPECIAL AGENT TEATOR: When you mention 13 the Morning Report, what appeared in the Morning 14 Report? /
15 Just the newspaper 16 clipping.
17 SPECIAL AGENT TEATOR: Okay. Regarding 18 her civil suit that we're talking about?
19 61W N 20 SPECIAL AGENT TEATOR: Okay. And the 21 other thing you mentioned --
22 '\It was some newspaper or 23 something, newspaper clipping.
24 MR. KEENAN: Is that just recently, 25 or was this in late March?
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS VVY4 DWrlr IM AWlN AC 10 IAI
78 1 Yes, when she was out 2 there doing *her thing. That's when I read about it 3 like.everybody else.
4 SPECIAL AGENT TEATOR: In March 2004 when 5 she had --
6,W 0 Right, just now.
7 SPECIAL AGENT TEATOR: -- the anniversary 8 of TMI?
10 SPECIAL AGENT TEATOR: And did she in fact 11 send you something in the mail regarding her 12 presentation that she gave on that day?
13 Yes. I got this after 14 that.
15 SPECIAL AGENT TEATOR: After the fact.
16 I read it on the Morning 17 Report at work, which is when she did it.
18 SPECIAL AGENT TEATOR: Right.
19 76 The newspaper clippings.
20 And that was the first time that I realized what she 21 was trying to say.
22 SPECIAL AGENT TEATOR: Okay. In your 23 opinion, do you think that's true?
24 ýU)No..
25 SPECIAL AGENT TEATOR: Why?
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
79 "1 /' I don't think that's why 2 they removed her.
3 SPECIAL AGENT TEATOR: And the reasons why 4 they did you've already gone-over those.
...... 1,.*think she wa * (,
6 person, andUA0tewas gone and so was she.
7 SPECIAL AGENT TEATOR: And she didn't have 8 any support by a lot of the --
9 .) She didn't have support 10 in Corporate at all, as I mentioned, and she didn't 11 have the broad base of support down there, and they 12 didn't produce the results tlhat were wanted in terms 13 of INPO results and whatever else. they were measured 14 by down there. So she had spent a lot of money and 15 time and they weren't seeing the results.
16 SPECIAL AGENT TEATOR: Okay. Anything 17 else you want to add?
18No 19 SPECIAL AGENT TEATOR: Okay. If you think 20 of something, please tell Jeff and he can get a hold 21 of me.
22 Okay.
23 SPECIAL AGENT TEATOR: All right? It's 24 5:52. This interview is concluded. Thank you.
25 UOkay.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
8o 1 (Whereupon, at 5:52 p.m., the Interview of 2 s concluded.)
' /I 3
4 5
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