ML062000344
| ML062000344 | |
| Person / Time | |
|---|---|
| Site: | Salem, Hope Creek  |
| Issue date: | 05/20/2004 |
| From: | NRC/OI |
| To: | |
| References | |
| FOIA/PA-2005-0194 | |
| Download: ML062000344 (25) | |
Text
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10 11 12 13 14 15 16 17 18 19 20 21 22 23 Information in in accordance O examptor FOIA.
200 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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+++
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OFFICE OF INVESTIGATIONS INTERVIEW x
ER OF:
L/
Docket No.
(not provided)
IN THE MATTI INTERVIEW 0]
(CLOSED)
x Thursday, May 20, 2004 Location:
(Not provided)
The above-entitled interview was conducted at (time not provided).
BEFORE:
Special Agent (Not provided).
LIS this record was deleted fith the Freedom of Informatiol"
.2C NEAL R. GROSS
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PPROCEEDINGS 2
(11:11 a.m.)
3 SPECIAL AGENT:
It's May 20th.
The year 4
is 2004.
It's 11:11 in the morning.
T his is a
5 continuation of yesterday's interview of-,-
6 want to remind you're under oath.
Do you Q
7 understand that?
8 Yes.
/1 9
SPECIAL AGENT:
Okay.
And you're still 10 represented by counsel, Jeff.
Correct?
11 COUNSEL:
Yes, that's correct.
12 SPECIAL AGENT: Jis represented by 13 you.
I think that maybe didn't come out right, but 14 you represent-oday.
15 COUNSEL:
That's correct.
I am 16 representing and PSE&G Nuclear in a joint 17 capacity, same as I described yesterday.
18 SPECIAL AGENT:
Okay.
- )
this is a
19 continuation of yesterday afternoon's interview.
20 During the course of that interview, I asked if you 21 could provide some documentation showing when certain 22 documents were created; one of those documents being 23 the separation agreement, when it was generated.
And 24 I've gotten actually two documents provided to me 25 today; one is the separation agreement, another one is NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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/
-1 1
in Microsoft Excel spreadsheet.
Okay.
2 Yes.
3 SPECIAL AGENT:
And both are regarding Kim 4
- Harvey, or Kim Ritigliano as it shows on these 5
documents.
Do you remember me asking for those 6
documents?
7Y.
8 SPECIAL AGENT:
Okay.
And how were these 9
documents provided today?
Who was involved, and how 10 was that done?
ii
- Based off of the other 12 question yesterday, I asked our secretary, if 13 she knew how to show on the computer when a document 14 was created.
And she showed me on her computer how we 15 go into a file, down to properties, and the screen 16 pops up and the information is there.
So I went back 17 to my office, and pulled up those documents that we 18 talked about yesterday, and did exactly what she had 19 told me to do.
And then I provided screen prints here 20 in reference to when those documents were created.
21 SPECIAL AGENT:
Okay.
What' s last 22 name?
23 24 SPECIAL AGENT:
Okay.
And what's a screen 25 print?
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1 Screen print, without knowing 2
the computer --
3 SPECIAL AGENT:
Print screen?
4-::)
Print screen.
5 SPECIAL AGENT:
Okay.
All right.
Let's 6
talk about the first document.
If you can go to --
I 7
- guess, let's go to sheet one, document described as 8
sheet one, which is a Microsoft Excel Admin Support 9
Sep Worksheet.
- Sep, is that abbreviation for 10 separation?
11 Correct.
12 SPECIAL AGENT:
Okay.
And there's a list 13 of names on there, one being Kim Ritigliano, the 14 others are 15 JDo 16 you see that?
17 is.
18 SPECIAL AGENT:
And in the middle of this 19 document there's like a pop-up there, and it shows the 20 document was created on Friday, December 2 0 th, 2002 at 21 5:46 p.m.
Do you see that?
22 Yes.
23 SPECIAL AGENT:
Do you remember if you're 24 the one that actually produced that on that day, or 25 created it?
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1 Yes.
2 SPECIAL AGENT:
Okay.
And how can you say 3
that you created it?
What's your basis for saying 4
that?
Is it because it was on your computer?
5 It was on my computer, and I 6
remember working, preparing the spreadsheets for the 7
finance
- group, as well as just getting all the 8
information in one centralized location.
9 SPECIAL AGENT:
Okay.
And some of those 10 names that I've read that are included on this 11 document also appear on the list of people who have 12 reduced --
a reduction in force list provided to me 13 earlier by Jeff.
But some of the people's names don't 14 appear on the actual reduction of force,(,)
15 being one, and 16 Correct.
17 SPECIAL AGENT:
Did they find alternate 18 positions before the 45 days were up?
19 Yes.
20 SPECIAL AGENT:
Okay.
Under the created 21 line it says Friday, December 20, 2002 at 5:46 p.m.
22 And modified there's a line, the next line says 23 modified Thursday, May 20th, 2004.
What, if anything, 24 was modified?
25
) That I don't know what was
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modified, outside of just pulling it up and printing 2
it.
3 SPECIAL AGENT:
- Well, I'm going to ask 4
you, did you modify anything on the document?
5No 6
SPECIAL AGENT:
All right.
It shows that 7
something was modified.
8 Yes.
9 SPECIAL AGENT:
As opposed to the other 10 document, the Ritigliano separation agreement.
That's 11 created Saturday, February 1, 2003 and shows it was 12 modified February 2 6th,
- 2003, accessed today.
But 13 it's not showing any modification on that.
I'm just 14 wondering, can you explain why on sheet one of the 15 spreadsheet it shows it was modified this morning at 16 9:12 a.m.?
17 No, I can't explain that.
18 SPECIAL AGENT:
And you testified that you 19 didn't modify anything on there.
Is that correct?
20 That's correct.
21 SPECIAL AGENT:
All right.
Do you 22 remember why you included Kim Ritigliano's name on 23 this document created December 2 0 th,
- 2002, why her 24 name was included on there?
25 1I believe her name was NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1 included in there was because she was also going to be 2
included, I guess at the time that we were looking to 3
separate the Admin Support Group.
4 SPECIAL AGENT:
And she was going to be 5
included in that group as far as separation goes?
6
-j)Correct.
7 SPECIAL AGENT: Is there anything else you 8
can tell me about her name being put on that list in 9
December of 2002? We didn't come upon that yesterday, 10 you knowing about her separation that early, I don't 11 think.
12 MW)
No, I had f orgotten, but 13 everything has been a whirlwind.
I know we were 14 preparing for the Administrative Support Group, and 15 I'm sure there was a request to add her name to the 16 overview to all the information so we would have the 17 numbers created as far as this spreadsheet also shows 18 the medical, the four weeks, the severance and all of 19 that.
20 SPECIAL AGENT:
Is that what's shown as 21 Sheet Two?
Is that what you were talking about, the 22 continuation?
23 Ys 24 SPECIAL AGENT: And what would Sheet Two 25 be?7 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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Sheet Two is just an 2
additional sheet added to this from Sheet One.
It's 3
the same file, but it just provides Kim Ritigliano's 4
information, not the remaining folks.
5 SPECIAL AGENT:
Sheet Two is specific to 6
Kim Ritigliano.
7P*
Correct.
8 SPECIAL AGENT:
And do you know why the 9
name is Ritigliano and not Harvey?
10 That's how she was in the HR 11 system.
She was known as Kim Ritigliano.
12 SPECIAL AGENT:
All right.
Look at Sheet 13 Two again.
It shows creation date of Friday, December 14 20, 2002 at 5:46 p.m.,
and it shows the next line 15 modified Thursday, May 20, 2004 at 9:12:39 in the 16 morning.
Did you modify that document before printing 17 it out and providing it to Jeff?
18k)No 19 SPECIAL AGENT:
No?
Do you know why it 20 shows that it was modified?
21 No, I don't know.
I mean, I 22 could literally go in there and do this again if you 23 wanted me to, to show another date and time.
I don't 24 know.
25 SPECIAL AGENT:
Right. I hope there's not NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1 another date and time.
2
) The date would be the samq, 3
but the time should be different.
4 SPECIAL AGENT:
Meaning what?
5 That I actually opened up the 6
document.
7 SPECIAL AGENT:
Okay.
8 COUNSEL:
Correct me if I'm wrong, but 9
you're saying if you go in and open it again, would it 10 also show a modified date?
11
ý
- \\ That's what I'm thinking, 12 yes.
13 COUNSEL:
You're thinking that if you 14 reopen it, it's going to show a modified date. We're 15 certainly agreeable to that.
16 SPECIAL AGENT:
Modified date of what?
17 What date do you think would show up on it?
18 When it's reopened the access 19 date would change consistent with -- the modified date 20 and the access date would change at the same time.
21 SPECIAL AGENT:
Oh.
22 COUNSEL:
And I
understand there's a
23 difference in the Word document, but testified 24 she doesn't understand why that occurred.
We'd be 25 open to going right out on her computer and seeing if NEAL R. GROSS C
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lu 2
3 4
5 6
7 8
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it replicates that function.
SPECIAL AGENT:
Ok ly.
There are two different kinds of documents.
One is a spreadsheet and one is a Word document.
- ,'-=' -*'......."'iCorrect.
SPECIAL AGENT:
Okay.
That may be part of the reason why it did that.
I don't know.
Let's talk about --
and I might take you up on that after we're done here.
Let's talk about the Kim Ritigliano Sep Agreement, Microsoft Word.
- Again, Sep Agreement stands for what?
Separation.
SPECIAL AGENT:
And this shows as a
Microsoft Word document.
Did you pull this document off your computer this morning?
Yes.
SPECIAL AGENT:
And it shows that it was created on Saturday, February 1, 2003 at 6:21 p.m.?
Yes.
SPECIAL AGENT:
Would it have been created by you?
SPECIAL AGENT:
Do you Saturday evening?
yOot normally.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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SPECIAL AGENT:
Okay.
2 But I put my time in.
I do 3
what's needed to get done.
4 SPECIAL AGENT:
All right.
Okay.
5
.Mm
,Am I have a laptop computer.
6 I'm either here or I take it home with me.
7 SPECIAL AGENT:
Can you access your saved 8
document file here from home?
9 Yes.
10 SPECIAL AGENT:
So you can dial in?
11
- Yes, I can dial in.
12 SPECIAL AGENT:
Okay.
13
.\\ Remote access.
14 SPECIAL AGENT:
Is this on your C drive, 15 your hard drive?
16
.)This is on my D Drive.
17 SPECIAL AGENT:
Okay.
It's on your 18 computer drive.
19 Correct.
20 SPECIAL AGENT:
So you wouldn't need to 21 dial into a centralized access point to access this 22 document.
23 No.
24 SPECIAL AGENT:
Might you have done this 25 on your laptop at home and then brought it in on a.
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disk?
2
.No, I would have saved it on 3
my computer.
4 SPECIAL AGENT:
Your laptop?
5 My laptop, yes.
6 SPECIAL AGENT:
Okay.
You don't have a 7
work station in your office?
You do everything off 8
your laptop?
9
- Correct.
10 SPECIAL AGENT:
Okay.
11 COUNSEL:
You have a docking station.
12 I have a docking station.
13 SPECIAL AGENT:
All right.
So when you 14 pulled this document up this morning, did it come off 15 your laptop?
16 AR es.
17 SPECIAL AGENT:
Okay.
All right.
Do you 18 sometimes do work at home on weekends?
19 Yes.
20 SPECIAL AGENT:
All right.
You think you 21 did this at home this document we're talking about, do 22 you think you created it while you were home on a 23 Saturday in February, or you think you came into the 24 plant?
25 I was probably at home.
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SPECIAL AGENT:
Okay.
And do you know why 2
you created the document on February 1, 2003?
Why 3
specifically that day or that date?
4 Pretty much because I was 5
requested to prepare a draft package by 6
SPECIAL AGENT:
Okay.
I think we did talk 7
about that yesterday.
8 Yes.
9 SPECIAL AGENT:
All right.
Okay.
And 10 this would have been the initial draft, this document?
ii
- \\Yes.
12 SPECIAL AGENT:
Okay.
And it shows the 13 modification date, Wednesday, February 2 6 th, 2003.
14 Might that be the document that we talked about 15 yesterday that had February blank, 2003?
16 NO, the document with the 17 February blank, 2003 was when I initially created the 18 document.
And then on February 2 6 th, 2003 was when I 19 went in that morning and changed it, modified it to 20 reflect actual dates.
21 SPECIAL AGENT:
March 3 rd 22 The March 3 rd, yes.
23 SPECIAL AGENT:
Okay.
And even though 24 when you met with Kim that day, the one document was 25 dated March 3 rd, she actually signed the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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acknowledgement of getting the letter and the 2
separation agreement on 2/26/03.
Correct?
3 J&&A" A
Correct.
4 SPECIAL AGENT:
All right.
Is there 5
anything more you wanted to add about these two 6
documents that might help me understand something?
I 7
don't know.
Something you could point out?
8 On this document, not that I
)
9 have anything else.
10 SPECIAL AGENT:
Okay.
We talked a little 11 bit yesterday about the decision -to move up Kim's 12 departure date.
Okay.
I want to finish with that, 13 and then go into my closing questions.
All right.
14 Yes.
15 SPECIAL AGENT:
Before I do that, though, 16 is there anything you want to add regarding 17 yesterday's testimony?
18 N
Not that I thought of.
19 SPECIAL AGENT:
Okay.
All right.
I think 20 you indicated yesterday you first learned that Kim's 21 last day at the site was going to be moved up, you 22 first learned this on or about March 2 4t.
Is that 23 still correct?
24
.. That's correct.
25 SPECIAL AGENT:
And let's go from that NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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date forward.
What involvement did you have from that 2
date forward in that process, Kim leaving the site by 3
the end of the week?
Can you tell me what you 4
remember what your involvement was regarding that?
5
.)
My involvement was to conduct 6
the HR exit interview on her last day, the 28th.
7 SPECIAL AGENT:
Right.
8 And the preparation in 9
getting to March 2 8 th instead of February, getting 10 there. I believe I was scheduled for a meeting with 11 her and on March 2 4 th, as well as I was in 12 the lunch room in our HR library, in the lunch room 13 when I heard.-
-W-...-
pret ty much 14 inform--that it was very important to make 15 sure that she was off-site by Friday, Kim was off-site 16 on Friday.
17 SPECIAL AGENT:
Hang on for a second.
18 What lunch room are you talking about, right down the 19 hall here?
20 Right across here, the HR 21 library.
We eat lunch in there.
22 SPECIAL AGENT:
People eat their lunch in 23 there?
24 Ys 25 SPECIAL AGENT:
Okay.
So you were sitting NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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2 3
4 5
6 7
8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in there and you overheard this conversation?
Yes.
COUNSEL:
We can show you the lunchroom.
It's a very small lunch room where only HR people sit.
It's not open to the general population.
No.
SPECIAL AGENT:
Oh, it's not here just outside the door?
) No, not in this big area.
SPECIAL AGENT:
Okay.
.. ot like the bull pen.
It's just another room just like this.
SPECIAL AGENT:
Okay.
(
tle have file cabinets in there, a conference table, large size table, chairs around that.
SPECIAL AGENT:
All right.
NIt used to be an office.
SPECIAL AGENT:
So you were in there?
SPECIAL AGENT:
W in there also?
SPECIAL AGENT:
They were in there with 1)
. I you.
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\\We were all having lunch.
2 SPECIAL AGENT:
Okay.
You were all having 3
lunch together.
4 Ys 5
SPECIAL AGENT:
All right.
And what date 6
do you think that conversation occurred?
Monday would 7
be March 2 4 th, Friday would be the 2 8 th.
8 I'm not really sure of the 9
exact
- day, whether it was a Tuesday, Wednesday, 10 Thursday.
I don't want to --
but I
remember the 11 conversation.
12 SPECIAL AGENT:
Okay.
You could go ahead 13 and share with me a little bit more about what you 14 remember of the conversation.
15 From what I
heard in the 16 conversation, apparentl ad been informed before 17 that they wanted to have Kim off-site prior to her end 18 date, the April 16th end date. (
was told by
)\\
19 Mm hat she had wanted her out of here before, that 20 based on what we had going down here with a couple of 21 arbitrations, *i was not able to meet that 22 commitment, and he then assured hat he would 23 have Kim off-site, and we were working on getting her 24 off-site by the 2 8 1h, March 2
8 th.
25 SPECIAL AGENT:
During that discussion, NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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3 4
5 6
7 8
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 18 did60 say why it was important to have Kim off-site by Friday?
No.
SPECIAL AGENT:
All right.
What did say?
What do you recall him saying?
/
He was in agreement with that it needed to be done, and just make sure it happened.
SPECIAL AGENT:
Did
_tay in that conversation why he thought it was important for that to occur by Friday?
I believe they wanted to have Kim off-site prior o[
coming on-site.
SPECIAL AGENT:
When was(
coming in, the following week?
___)
That I don't know.
SPECIAL AGENT:
Okay.
Was anybody else in the room?
I'm not sure of anyone else.
SPECIAL AGENT:
How sure are you that those two people were in there to hear this conversation?
(Off the record.)
SPECIAL AGENT:
Okay.
We're good to go.
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We're on tape 2.
It's 11:35 in the morning.
The 2
interview is continuing with
)You 3
made a comment to the question that I asked you.
Was 4
there anything unusual with the moving up of Kim's 5
last day.
You said yes, it was a little unusual.
Can 6
you tell me what was unusual?
7 It was a little unusual 8
because she had been working.
She was notified in 9
February that her position was eliminated.
I was not 10 aware of what Aad communicated in reference to 11 whether she was going to be working and on-site for 12 the 45 days or if he was going to be released; 13 however, still being paid for the 45 days, so when we 14 were told to do an exit interview it was like in the 15 middle of her 45 days, so I don't know what occurred 16 or what happened.
17 SPECIAL AGENT:
Was the unusual part that 18 you found she was still working?
Was that what you 19 meant by what was unusual, because she was still 20 reporting to work even though she had gotten her 45-21 day letter?
Is that what you found to be unusual?
22 M4
- Yes, because it was the 23 middle of the period, the 45-day period.
She had been 24 working up until that point.
25 SPECIAL AGENT:
Right.
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1 2
3 4
5 6
7 8
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20 And then it was well, they decided that she was not going to be working.
SPECIAL AGENT:
Okay.
I'm going to get to that.
Okay.
SPECIAL AGENT:
Do you know who made that decision that she would not be working the full 45 days?
- _*-:*z*_)No, I do not.
SPECIAL AGENT:
Okay.
Have you heard why that decision was made, where she would not be working the full 45 days?
Ow__ m _
No.
SPECIAL AGENT:
Okay.
You don't know why that was --
SPECIAL AGENT:
Okay.
Do you know why her last day there on-site was moved up to March 2 8 th?
~No, I do not.
SPECIAL AGENT:
All right.
Now during he nJh exit, who was there, you and
.orrect.
SPECIALAGENT:
Isit OWN t
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3 4
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 Special AGENT:
Okay.
All right.
During that discussion did Kim make a statement that she
- thought, number one, her job had been eliminated because she raised safety concerns?
zNo.
SPECIAL AGENT:
Okay.
Did she relate her job elimination to her view that there's an over-emphasis on production over safety in the plant?
) No.
SPECIAL AGENT:
Did she say she felt her job had been eliminated because she felt the management of the site in and of itself was a safety issue or safety concern?
SPECIAL AGENT:
Did she make a statement to the effect that she thought her job was eliminated because she believed or told others that there was non-conservative decision making in the plant regarding safety issues?
SPECIAL AGENT:
All right.
Did she make any such statement that she thought her last day was moved up because she had raised those concerns which I just described to you?
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1 2
3 4
5 6
7 8
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 22 SPECIAL AGENT:
Okay.
Did she bring up safety concerns at all during the exit, that she had safety concerns?
SPECIAL AGENT:
Did she make any statement to the effect that she thought she was being discriminated against?
Yes.
SPECIAL AGENT:
She did.
Go ahead and tell me about that.
- Discriminated against because her position was eliminated.
She was --
there's only one or two other females still within the plant working management level within the plant, and that it was just not fair.
SPECIAL AGENT:
Gender discrimination, is that what she was claiming?
SPECIAL AGENT:
Anything, did she make any statement with respect to she thought her position was eliminated and her last day moved up because she engaged in NRC protected activity?
Did she make any such statement at all?
- No.
SPECIAL AGENT:
What else did she say NEAL R. GROSS 4
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o
23 1
about her feeling that she thought she was being 2
discriminated against?
Anything more there?
3 Just, I mean, pretty much we 4
just had a maintenance manager, a female maintenance 5
manager who had resigned and took another position 6
some place else, and there was not that many females 7
in the management ranks.
8 SPECIAL AGENT:
All right.
It's 11:40.
9 I'm going to stop just a minute, then we're going to 10 finish up.
11 (Off the record.)
12 SPECIAL AGENT:
Okay.
It's 11:41.
We're 13 back on the record.
at some point did you 14 become aware that Kim Harvey had sent a letter to(~iW 15 outlining concerns she had with why her 16 position was eliminated and other safety concerns at 17 the plant? Did you become aware she sent a letter 18 containing that type of information to 19 Yes.
20 SPECIAL AGENT:
Do you remember when you 21 first became aware of that?
22 1
That was January of- '04.
23 SPECIAL AGENT:
Okay.
How did you become 24 aware in January '04?
25 Communications throughout the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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24 1
island that there had been a letter received around 2
safety conscious workplace environment.
3 SPECIAL AGENT:
Okay.
Would that be a 4
letter received from the NRC?
5 Yes.
6 SPECIAL AGENT:
Okay.
Did Kim Harvey ever 7
say to you in your presence that she felt, or she 8
wondered whether she had been blackballed down here at 9
the site?
You know what the term blackballed means.
10 Ys 11 SPECIAL AGENT:
Had she everrmade such.a 12 statement to you, or such a --
13 Not that I recall.
14 SPECIAL AGENT:
I don't have anything 15 further.
It's 11:42.
is there something you 16 want to add to the record?
17 Not that I'm--no.
18 SPECIAL AGENT:
No?
Are you sure?
19 Yes.
20 SPECIAL AGENT:
All right.
If you think 21 of something let Jeff know, and we can get back 22 together.
23-24 COUNSEL:
Yes. I think it's conclusive for 25 us.
We do again offer if you want to take a look at NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com
1 2
3 4
5 6
7 8
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 "iM computer relative to the screen prints, we could try to do that.
SPECIAL AGENT:
Okay.
We'll do that.
It's 11:43.
This interview is concluded.
Thank you.
Thank you.
(Off the record.)
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
WASHINGTON, D.C. 20005-3701 (202) 234-4433 vwww.neamslrr.s.*mm