ML062000361
| ML062000361 | |
| Person / Time | |
|---|---|
| Site: | Salem, Hope Creek  |
| Issue date: | 05/13/2004 |
| From: | NRC/OI |
| To: | |
| References | |
| 1-2003-045, FOIA/PA-2005-0194 | |
| Download: ML062000361 (69) | |
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9 10 IO 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Informatioli in ttli in accordance with Act, exeniltions -'
FOJA-.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFFICE OF INVESTIGATIONS INTERVIEW x
IN THE MATTER OF:
INTERVIEW OF:
(CLOSED) 46 Docket No.
1-2003-045 x
Thursday, May 13, 2004 PSEG Headquarters
- Newark, New Jersey The above-entitled interview was conducted at,9.:31 a.m.
BEFORE:
Special Agent JEFF TEATOR record was deleted, he Freedom of Infotmatlaix
- 2c Lj7
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()20224-4433 i i IL LULJI NEAL R. GROSS URT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES:
ON BEHALF OF PSEG SERVICES AND JEFF KEENAN Assistant General Solicitor PSEG Services NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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PROCEEDINGS 2
(9:31 a.m.)
3 SPECIAL AGENT TEATOR:
Today's date is May 4
13, the year is 2004.
My name is Jeffrey Teator.
I'm 5
a Senior Special Agent with the United States Nuclear 6
Regulatory Commission, Office of Investigations.
It's 7
approximately 9:31 in the morning.
This morning I'm 8
interviewing Can I call yo 9
Yes.
10 SPECIAL AGENT TEATOR:
It's'*Mr is it 12 13 SPECIAL AGENT TEATOR: VI'm 14 I'm interviewing n a conference room on the 15 21st Floor at PSEG headquarters, located in Newark, 16 New Jersey.
17 you're being interviewed today 18 as a fact witness in a discrimination investigation 19 I'm conducting for the NRC into whether Kim Harvin 20 (phonetic) whether her position was eliminated because 21 she raised nuclear safety concerns and also whether 22 her departure from the Salem-Hope Creek site was 23 accelerated because she raised such concerns.
24 Prior to going on record, did I present 25 you with my credentials?
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) Yes, you did.
2 SPECIAL AGENT TEATOR:
Okay.
And this is 3
a voluntary interview today.
Knowing it's voluntary, 4
do you wish to go forward?
5 Yes.
/
6 SPECIAL AGENT TEATOR:
Okay.
And do you 7
have any objection today to providing sworn testimony?
8
)N 9
SPECIAL AGENT TEATOR:
Raise your right 10 hand for me, please.
11
'10 do you swear that the 12 information that you are about to provide to me is the 13 truth, the whole truth and nothing but the truth?
14 II Yes.
15 SPECIAL AGENT TEATOR:
you're 16 represented by counsel today.
If counsel could 17 identify himself for the record, please, and explain 18 the representation.
19 MR. KEENAN:
Yes.
My name is Jeff Keenan.
20 I'm Assistant General Solicitor for PSEG Services.
21 I'm representingn and PSEG Nuclear in a joint 22 capacity.
I'm not aware of any conflict.
Should a 23 conflict arise we'll take a break from the record and 24 figure out how to best handle that.
I have reviewed 25 a lot of material on this issue, again, and I don't NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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have a conflict.
We appreciate the opportunity to 2
provide the voluntary information, and of course we'll 3
completely cooperate with the NRC's review.
We would 4
like the ability to review our transcript at a
5 mutually convenient time.
6 SPECIAL AGENT TEATOR:
Okay.
7 that your understanding of the representation?
9 SPECIAL AGENT TEATOR:
Okay.
I just have 10 a fewa follow-up questions for you regarding that.
11 Does your employer require you to have counsel 12 represent you if you're interviewed by the Office of 13 Investigations?
14 No, it does not.
15 SPECIAL AGENT TEATOR:
Were you in any way 16 threatened with any type of adverse action by your 17 employer if you did not request counsel to represent 18 you today?
19 No.
20 SPECIAL AGENT TEATOR:
Do you understand 21 that you have a right to a private interview with me 22 if you wanted one?
23 Yes.
24 SPECIAL AGENT TEATOR:
Knowing all this, 25 do you wish to go forward with counsel present?
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Yes.
SPECIAL AGENT TEATOR:
Okay.
Thank you.
Could you give me your date and place of birth, please?
SPECIAL AGENT TEATOR:
I used to live in Verona.
That's not too far from Orange.
I lived i SPECIAL AGENT TEATOR:
Did you?
Yes.
SPECIAL AGENT TEATOR:
I like Verona, it's a nice town.
Your social security number, please.
SPECIAL AGENT TEATOR:
Your home address, please.
SPECIAL AGENT TEATOR:
Y number, please.
SPECIAL AGENT TEATOR:
served in the United States military?
) No, I have not.
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SPECIAL AGENT TEATOR:
All right.
Have 2
you attended college?
3 Yes.
4 SPECIAL AGENT TEATOR:
Where did you go to 5
school?
6
)4 I have an undergraduate degree 7
fromr1*_
and I have an 3rom 8
Immew MUI m-9 SPECIAL AGENT TEATOR:
What's the 10 undergrad in?
11 Business.
12 SPECIAL AGENT TEATOR:
they're 13 the pirates, right?
14 Yes, they are.
15 SPECIAL AGENT TEATOR:
I watch the Big 16 East basketball.
What year did you obtain your oJ 17 1 think 18 was 19 SPECIAL AGENT TEATOR:
Okay.
That' s fine.
2.0 The year after myM" 21 22 SPECIAL AGENT TEATOR:
At some point, were 23 you hired to work at PSEG?
24 Yes.
25 SPECIAL AGENT TEATOR:
When was that?
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Nineteen 2
SPECIAL AGENT TEATOR:
All right.
And 3
have you remained continuously employed here since 4
then?
5 Yes.
6 SPECIAL AGENT TEATOR:
Okay.
And your 7
current job title, please?
8 9
10 SPECIAL AGENT TEATOR:
And how long have 11 you held that title?
12 A little more than IVears.
13 SPECIAL AGENT TEATOR:
Since 14 time frame?
15 16 SPECIAL AGENT TEATOR:
0ka 17 And prior to that were you a f
18 19
- Yes, I was.
20 SPECIAL AGENT TEATOR:
Okay.
And how long 21 had you held that position?
22 About a year.
23 SPECIAL AGENT TEATOR:
And before that 24 what was your job title?
25
)
believe it was 9
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SPECIAL AGENT TEATOR:
And how long did 3
you work in that position?
4
-About four or five years.
5 SPECIAL AGENT TEATOR:
Thank you.
Do you 6
know who Kim Harvin is?
7 Yes, I do.
8 SPECIAL AGENT TEATOR:
Did you know her 9
before she came to work here for the Company?
10
"-:No, I did not.
11 SPECIAL AGENT TEATOR:
All right.
At any 12 point did you directly supervise Kim Harvin?
13 No, I did not.
14 SPECIAL AGENT TEATOR:
All right.
From 15 what I understand, Kim Harvin became employed here at 16 PSEG in February 1998.
Is that your recollection?
17 Yes.
18 SPECIAL AGENT TEATOR:
All right.
And 19 we're going to break this down into a few different 20 areas.
The first one I think I want to talk about is 21 her transfer from Corporate down to the Nuclear 22 Business Unit.
Is that what it's called, NBU?
23 Yes.
24 SPECIAL AGENT TEATOR: All right. Working 25 f or
~1/
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NPW rRight.
2 SPECIAL AGENT TEATOR:
Okay.
Can you tell 3
me about your participation in discussions surrounding 4
her transfer from Corporate down to the NBU or if 5
there were emails that you remember which were sent 6
back and forth regarding that, maybe we can talk about 7
them a little bit.
8
.Okay.
My involvement with that 9
was --
I believe it was at that point where we had 10 created the Services Corporation and we were probably 11 into our second year of our sales forecasting process.
12 And the sales forecasting process requires that you 13 determine who you will be working for for the 14 following year and charge your costs appropriately in 15 the forecast.
I was responsible for the forecasting 16 process.
17 SPECIAL AGENT TEATOR:
For the whole 18 company?
19 For the HR Department.
20 SPECIAL AGENT TEATOR:
Okay.
21 And that was how I became aware 22 of the issues surrounding
- Kim, because we had 23 conversations with the various lines of business, that 24 we're going to be charging you X and it's for this 25 individual working for you for the year.
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_ 1-SPECIAL AGENT TEATOR:
Right.
There were conversations with land myself, and
'ad conversations with because Kim was on our payroll but working 100 i
percent of the time for SPECIAL AGENT TEATOR:
Okay.
)And the question was should we just transfer her to payroll for the year so that she would be a dedicated resource because he said he needed for that whole year and not have the burden on the overhead cost tied to her salary that he would be charged for her.
SPECIAL AGENT TEATOR:
All right.
-So that's how her transfer came about.
SPECIAL AGENT TEATOR:
Okay.
There's an October 31, 2001 email from-YK, o
W9, and it looks liked you're cc'd on that.
October 31?
MR.
KEENAN:
Oh, I'm sorry. We're looking at the wrong one.
SPECIAL AGENT TEATOR:
Well, there's one dated September 27 also, but I don't see --
Right.
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All right.
Let's NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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talk about the October 31, 2001 email.
2 Right.
3 SPECIAL AGENT TEATOR:
Is this email in 4
regards to the discussion we just had about --
5 1Yes.
6 SPECIAL AGENT TEATOR:
-- the transfer?
7 Yes.
8 SPECIAL AGENT TEATOR:
I'm going to read 9
it, and I'll ask you a couple of questions about it to 10 try to break it down a little bit.
11 Okay.
12 SPECIAL AGENT TEATOR:
The email reads, 13 this is to confirm our conversation earlier 14 today regarding re: Kim Harvin status for 2002.
We 15 will move Kim Harvin over to your payroll by the end 16 of the year so that she will be on your payroll in 17 2002 for the entire year."
This is the sentence I'm 18 going to be asking questions about:
"This will be 19 considered a,
- quote,
'rotational assignment,'"
end 20 quote.
21 MR.
KEENAN:
It kind of cut off on our 22 copy, but that says, "rotational."
23 okay.
24 SPECIAL AGENT TEATOR:
Back then do you 25 know whab.v meant by that?
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 13 I don't know wha4eant.
My understanding was we transferred her to his payroll, not rotational assignment.
We have rules around rotation, and this did not meet the rules around rotation.
SPECIAL AGENT TEATOR:
Was it talked about at all that her transfer down there would be a formal rotational assignment?
Were you aware of any --
) That's not my understanding.
SPECIAL AGENT TEATOR:
Okay.
And if that were the case, would you have to approve something like that if it were the case?
At that point, did not report up to me.
She reported to (phonetic), the other person that's cc'd here.
He was my predecessor.
Although would have relied on me to give him advice regarding this.
SPECIAL AGENT TEATOR:
Okay.
So in October 2001 you were not yet the.1Q You were the wolw,"
I was the --
- i..
responsible for the forecasting process.
SPECIAL AGENT TEATOR: All right. Thanks.
I'll continue on with this sentence and then I'll ask questions, and you can just answer them.
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discuss her status" --
oh, I'm sorry, "This will be 2
considered a
rotational assignment, with the 3
understanding that there are no guarantees beyond 4
that."
Do you know what was meant by that?
5 She was -- again, we go back to 6
the sales forecasting process.
We look at everything 7
on a year-by-year basis, and we allocate our resources 8
based on project work that our clients might have for 9
us.
So even though she was being moved t she 10 was being moved t cause he said he had work 11 for her for the year, so we moved her there for the 12 year.
The plan was at the end of the year we would 13 have a conversation wit4 as to whether or not he 14 needed her again for the following year, and if not, 15 was there another client that would pick up her 16 billable hours?
And if there wasn't, then we wouldn't 17 have work for Kim.
18 SPECIAL AGENT TEATOR:
And what would that 19 mean?
20
)
That would mean
- she, in 21
- essence, would probably be separated from the 22 organization.
23 SPECIAL AGENT TEATOR:
Okay.
I'm jumping 24 ahead just a little bit but did you participate in 25 those conversations with r/ or others NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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towards the end of 2002 on what Kim's status would be 2
for '03?
3 I had a couple conversations 4
with I'm not sure if it was at the end of --
5 it did start towards the end of 2002.
And I think I 6
got involved because of some issues that Kim was 7
raising about her temporary living expenses and why 8
they weren't being paid.
Based on those 9
conversations, I started asking questions as to why is 10 she still down
- there, why is she still getting 11 temporary living expenses, et cetera, and whether or 12 not we were going to continue her working in Nuclear 13 and whether or not we were going to continue giving 14 her temporary living expenses.
15 SPECIAL AGENT TEATOR:
Okay.
One more 16 question on that, then I'm going to pull back from 17 that - -
18 Okay.
~)
19 SPECIAL AGENT TEATOR:
and then we'll 20 go back to it later on.
21 Okay.
22 SPECIAL AGENT TEATOR:
Wasn't 23 group paying for all of that, though?
24 Yes they were.
25 SPECIAL AGENT TEATOR:
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would you be concerned about continuing her expenses?
2 O Because I think it sets an HR 3
precedent by paying an individual temporary living 4
expenses.
I also think there's some IRS regulations 5
around temporary living expenses.
6 SPECIAL AGENT TEATOR:
Okay.
Was that 7
arrangement that she was getting temporary living 8
expenses, was that unusual here at the Company?
9 e
Yes.
10 SPECIAL AGENT TEATOR:
All right.
I'm 11 going to stop there on that, and then we'll come back 12 to those conversations as we get further in the 13 interview.
14 Okay.
15 SPECIAL AGENT TEATOR:
If you could go to 16 Page 7 of your transcript, please.
I'll give you a 17 chance to read this, but if you could read, I guess, 18 from Line 6 down to the bottom of the page, please, 19 and I'll turn the tape off while you're doing that, 20 and I'll have a couple of questions for you regarding 21 that.
22 (Whereupon, the foregoing matter went off 23 the record at 9:44 a.m. and went back on 24 the record at 9:45 a.m.)
25 SPECIAL AGENT TEATOR:
Okay.
It's about NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17 9:45.
- ,have you had a chance to read some of Page 6 and Page 7
) Yes, I have.
SPECIAL AGENT TEATOR:
of the transcript?
Do you remember this interview?
- Yes, I do.
SPECIAL AGENT TEATOR:
Okay.
Go to Line 9 on Page 7, please.
The question is asked, "Are you aware whether there was any discussion with Kim about the permanency of this change," the change meaning her moving down or being assigned to the Nuclear Business P
Unit for*
"w correct?
Is that the change that's being discussed there?
That's the change that's being discussed there.
SPECIAL AGENT TEATOR:
All right.
And we've talked about an October 31, 2001 email, but do you remember participating in any discussions with Kim surrounding her move down to Nuclear and what that meant for her future at the company or what it might not mean?
I do not recall ever having a conversation with Kim on this subject.
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 read that, and we'll take a short break off the record.
And, actually, why don't you read Page 9 too, because I have some questions for you on 9, and I'll break those down into questions for you after we do that.
It's 9:46.
(Whereupon, the foregoing matter went off the record at 9:46 a.m. and went back on the record at 9:48 a.m.)
SPECIAL AGENT TEATOR:
Okay.
It's 9:48, we're back on the record.
have you had a chance to read Page 8 and Page 9 of your interview by Winston Strawn?
(**
- Yes, I have.
SPECIAL AGENT TEATOR:
Okay.
If you could look at Page 8, please.
Line 9 a question is
- asked, "Is rotational consistent with what you had just told us, that this was temporary?"
You answer beginning on Line 11, "I would say it's a temporary assignment as opposed to rotational, but my understanding is he needed her services, he was willing to pay for them, and he said, 'I need them for a year.'"
Did you have any discussions wit about his need for Kim for the year 2002?
No, I did not.
SPECIAL AGENT TEATOR:
None at all?
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- WON, I don't believe that I talked to him about it.
SPECIAL AGENT TEATOR:
Okay.
In any information that was brought to your attention at that time period about Kim Harvin moving down to Nuclear, was there any discussion about her job lasting more than a year down there?
Was that talked about, the possibility of that, the potential of that?
o-No.
SPECIAL AGENT TEATOR:
No? All right.
On Page 9,
- please, you answered in answer to a
question beginning on Line 2, your answer reads, "I
would suspect that.Mdid"
-- this is talking about the discussions back and forth between her and Kim Harvin, if they occurred or not, but you answer, "I
would suspect that
)did, but I know about it because I was responsible for all the budgeting.
Is that what you talked about earlier about the budgeting?
process.
down what
- Yes, the sales forecasting That's correct.
SPECIAL AGENT TEATOR:
I want to break you meant by that a little bit.
- \\
Okay.
SPECIAL rGENT TEATOR:
Was that budgeting-..,-
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just for the people in the HR Department or was that 2
company-wide that you were responsible for the 3
budgeting?
4
) I was responsible --
5 SPECIAL AGENT TEATOR:
Or the forecasting, 6
I guess.
7 for the forecasting process 8
and the budgeting process for Corporate HR.
Every 9
group within PSEG Services has someone responsible for 10 the forecasting process for their respective 11 organizations.
So, for example, our Legal Department, 12 which is in the Services Corp, goes through the same 13 thing that I go through --
14 SPECIAL AGENT TEATOR:
Right.
15 where we work with our 16 clients and we say, "We anticipate that you'll need 17 400 consulting hours to work on some org design 18 projects for the following year," and they will either 19 say, "Yes, I do," or "No, I don't."
And that's how we 20 go about doing it.
I didn't work directly withM 21 on that.
Every department that we work with has 22 someone on the other end who receives our charges.
23 It's usually a financial type person that we work 24 with.
25 SPECIAL AGENT TEATOR:
And for 2002, do NEAL.R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 you remember who that financial person would have been I don't remember who it was.
SPECIAL AGENT TEATOR:
-- for NBU?
I think it was probably M
-,(phonetic) at that time.
SPECIAL AGENT TEATOR:
Okay.
I'm not sure when he left and came up here, but I know last year it was{__
(phonetic).
We worked with on all the HR charges that were going to go to Nuclear, and we explained what they were.
SPECIAL AGENT TEATOR:
Right.
MR.
KEENAN:
Just for the record, was the~lin that area at that time.
He would have been the higher level.
At a functional level, we can provide that information and get that contact person for you.
I think we already know who that is and have set something up in terms of interview.
SPECIAL AGENT TEATOR:
Right.
So worked for the Nuclear Business Unit?
He was a down there?
Okay.
We've seen --
we've talked about October 2001 emails, about Kim's going to work for I
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Okay?
All right.
So that takes care of '02.
2 so when the forecasting process begins for 3
'03, were you responsible for that forecasting for 4
Corporate ER?
5
>ý)Not directly but by that time 6
I was the
- so the person that was 7
doing the forecasting reported to me.
8 SPECIAL AGENT TEATOR:
Okay.
Who would 9
that have been?
10 Ta' 11 SPECIAL AGENT TEATOR:
Is he still with 12 the Company?
13 IYes, he is.
14 SPECIAL AGENT TEATOR:
Spell his name.
15 16 SPECIAL AGENT TEATOR:
Okay.
Do you 17 recall discussing with, the need for Kim Harvin to 18 be working in Nuclear Business Unit for calendar year 19
'03?
20-We did not have conversation, 21 and I
can guarantee you
'did not have that 22 conversation with the Nuclear Business. (
and I 23 did not have that conversation.
24 SPECIAL AGENT TEATOR:
Excuse me?
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SPECIAL AGENT TEATOR:
All right.
Because at that point she was not on our payroll.
She was on*payroll.
SPECIAL AGENT TEATOR:
Okay.
Was she still considered a Corporate HR person, though?
In my view, she did HR work, and she, I'll say, dotted line reported to but she was not a Corporate HR individual.
SPECIAL AGENT TEATOR:
So, therefore, you wouldn't have a concern with her status for '03 then?
I did not have that concern.
robably had that concern.
SPECIAL AGENT TEATOR:
Okay.
Why would have it and not you?
Because she dotted line reported t p She did work for jand the question was if she was not going to continue beyond that, was 3 oing to be able to sell her services somewhere else?
SPECIAL AGENT TEATOR:
'worked in your organization, though?
SPECIAL AGENT TEATOR:
Okay.
Did you have those discussions with in 2002 about Kim's NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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status for '03?
2 1* did not.
3 SPECIAL AGENT TEATOR:
Okay.
All right.
4 I
had conversations with 5
Nuclear, not wit not wit
.*ut with people 6
down in Nuclear, the HR people down in Nuclear.
I'm 7
not sure back in it was probably the very end of 8
2002 I had them with 9
SPECIAL AGENT TEATOR:
Okay.
And those 10 are discussions that we talked about earlier that I 11 said I would come back to?
12 1Idon't remember.
13 SPECIAL AGENT TEATOR:
Okay.
You 14 mentioned that you got involved late in
'02
- 15Oh, yes.
Yes.
16 SPECIAL AGENT TEATOR:
about expenses 17 and had discussions wit hli i
18 Yes.
19 SPECIAL AGENT TEATOR:
Okay.
All right.
20 We're going to pick up with that.
It's 9:54.
I'm 21 just going to take a very short break.
22 Okay.
23 (Whereupon, the foregoing matter went off 24 the record at 9:54 a.m. and went back on 25 the record at 9:56 a.m.)
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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 25 SPECIAL AGENT TEATOR:
It's 9:56, we're back on the record after a very short break, and in a moment we're going to into discussions you had with the Nuclear people regarding Kim Harvin in very late
'02, okay?
But before we go to that, in 2002, was there a
downsizing up here at Corporate HR, elimination of positions?
Yes, there was.
SPECIAL AGENT TEATOR:
And was that just in the organization or was it corporate-wide up here at Newark?
)
There were a
couple of organizations within the Services Corp that relooked at their head count and their ability to sell services, and there were some decisions made about downsizing specific organizations.
SPECIAL AGENT TEATOR:
And was organization part of that?
) Yes.
SPECIAL AGENT TEATOR:
Did her organization lose positions?
- Yes, it did.
SPECIAL AGENT TEATOR:
Okay.
When that occurred was there discussion on how that might affect Kim Harvin's ability to come back up here to NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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Corporate?
2 I did not have I don't 3
believe we had those conversations.
4 SPECIAL AGENT TEATOR:
Okay.
At that time 5
in, I guess, late 2002, were you aware that there were 6
similar discussions going on down at the Nuclear 7
Business Unit, down at Salem-Hope Creek regarding 8
elimination of positions down there?
9 Yes.
10 SPECIAL AGENT TEATOR:
Okay.
Tell me what 11 your involvement, if any, was in that?
12 I know that there were -- I 13 wasn't directly involved but being responsible for HR 14 I was aware that there were some groups that were 15 going through reorganizations and reductions in staff.
16 I believe one was the Information Technology Group and 17 there was I think the Financial Group down there, 18 (phonetic) area, if I'm not mistaken.
19 MR.
KEENAN:
Yes.
And we provided some 20 information relative to that to the NRC.
21 SPECIAL AGENT TEATOR:
Right.
Do you 22 recall if there was any discussion surrounding any 23 reductions in staff that reported directly to,0M 24 I know did, but other than his group and 25 the IT
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discussions about reductions in positions of other 4r (
2 people that reported directlyt "0 -
Of,.)
I don' t recall any 4
conversations.
5 SPECIAL AGENT TEATOR: Okay. Well, let'Is 6
go to a subject you brought up a little while ago, how 7
you got involved in discussions surrounding Kim Harvin 8
in late 2002. Can you go ahead and share with me what 9
those discussions were and why they occurred?
10 Yes.
I'm not sure if it 11 November of December of 2002 but I had gotten a 12 request to review some expenses that Kim felt that she 13 was due that she hadn't gotten, and I think it was for 14 the second half of the 2001 and all of 2002, and it 15 was her temporary living expenses. And I'm not sure 16 if it was the HR person in Power that brought it to my 17 attention or the Payroll organization that brought it 18 to my attention, but the question came up should we be 19 paying these expenses?
And we had lots of 20 conversations around that as to why was she still 21 getting the expenses, why did it take 18 months when 22 she didn't get them before she raised the issue as to 23 why my expenses have stopped, and there were just a 24 whole host of issues around that that got me involved 25 in conversations.
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SPECIAL AGENT TEATOR:
And who were you 2
having those conversations with?
3 R
The Payroll Department, the HR 4
Department and eventually with I
had a
5 conversation.
6 SPECIAL AGENT TEATOR:
Okay.
HR, would 7
that be-M (phonetic)?
8 It would be" 9
and an individual up here in Nuclear who used to work 10 for
,:when Kim first started getting them and 11 eventually went to work in the HR organization in 12 Power.
13 SPECIAL AGENT TEATOR:
Who's that?
14 l*m (phonetic).
15 SPECIAL AGENT TEATOR:
Okay.
So these 16 discussions are occurring, and at some point did you 17 have a discussion with(__
18 Yes.
19 SPECIAL AGENT TEATOR:
Did all of these 20 discussions result in your discussion witý,'
21.Y 22 SPECIAL AGENT TEATOR:
All right. Tell me 23 if you recall where that took place.
24 I don't recall where it took
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whatever, but the question came up as to why are we 2
paying this, because I wasn't really aware of the 3
history as to the fact of what the arrangements were, 4
because that had happened before I was a w,0,and that 5
happened before I was responsible for the budget.
6 SPECIAL AGENT TEATOR:
Okay.
7
'So I wasn't aware of what the 8
commitments were or what the time frame was.
My 9
understanding was it was a temporary living expense 10 for a year, and by this time it was well more than a 11 year that she was getting these, which is why Payroll 12 questioned me about should she be getting these 13 expenses.
14 SPECIAL AGENT TEATOR:
So you got back 15 involved as a result of questions from Payroll.
16 Right.
17 SPECIAL AGENT TEATOR:
Is that how it 18 kicked off?
19 Yes.
20 SPECIAL AGENT TEATOR:
You getting, I'm 21 going to use the word, reengaged with Kim Harvin and 22 her being down at NBU?
23
- Well, I'd been engaged with 24 conversations about Kim Harvin off and on for --
/
25 SPECIAL AGENT TEATOR:
I didn't mean to --
K.
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ONO a number of years.
2 SPECIAL AGENT TEATOR:
Okay.
All right.
3
- But specific to these expenses,
", amMO OAPIý
)
4 yes.
5 SPECIAL AGENT TEATOR:
Okay.
6 Back at the end of December as 7
a result of conversations with Power -- with Payroll.
8 SPECIAL AGENT TEATOR:
Okay.
Was your 9
conversation with4*
documented in any way?
10 I didn't document it, no.
- -I 11 SPECIAL AGENT TEATOR:
Okay.
And what was 12 the end result of that discussion with 13 The end result of the 14 discussion with
- was that he was not going to 15 continue to pay her temporary living expenses, and I 16 also asked him why is she still doing work down there 17 and did he need her beyond 2002.
18 SPECIAL AGENT TEATOR:
Okay.
And how did 19 he respond to that?
20
) He said that he would be able 21 to disengage her from the work force in the beginning 22 of 2003.
23 SPECIAL AGENT TEATOR:
Okay.
Was that the 24 first time you had heard that that was *.
25 intention?
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Is it the first
-- yes.
I had 2
not heard that that was intention.
I was the 3
one who was asking him what was she doing and did she 4
need to remain employed?
5 SPECIAL AGENT TEATOR:
Right.
6 At that time, I also knew that 7
A
-I wbuld be leaving, and I did not think we wanted 8
to retain her with the new leadership team coming in.
9 SPECIAL AGENT TEATOR:
Okay.
But that's 10 your thought.
She's working fo M
at that point.
11 When told you that he was going to disengage 12 her?
13 That's my word today.
I don't 14 know what he said back then.
15 SPECIAL AGENT TEATOR:
All right. But did 16 he tell you --
did he provide you his reasons for why 17 he made that decision?
18 He did not.
It was more I was 19 prompting him to make the decision.
20 SPECIAL AGENT TEATOR:
Because why?
21 Because my belief was Kim over 22 the years I've constantly gotten feedback on things 23 Kim did down there that caused me from an HR 24 perspective a lot of concerns.
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type of behaviors that were going on down there during 2
this period of time.
3 SPECIAL AGENT TEATOR:
Okay.
Maybe we 4
need to talk about that a little bit.
Go ahead and 5
tell me what you're talking about.
6 There were lots of HR issues 7
that were brought to my attention about how Kim 8
treated individuals, how she also threw around her 9
perceived power, how she constantly had meetings with 10 individuals and people ended up crying during the 11 sessions, the way in which she became very -- she went 12 beyond just being an HR person but almost being a 13 confidant, counselor, et cetera, that got, in my view, 14 entirely too personal with individuals, and I think it 15 was creating an unhealthy work environment.
16 SPECIAL AGENT TEATOR:
Can you tell my why 17 you thought that?
18 I think it's disruptive when 19 you bring ten people in a room and half of them are 20 crying based on whatever's going on in the meeting.
21 SPECIAL AGENT TEATOR:
Okay.
22 I just don't think that's 23 healthy from an HR perspective.
24 SPECIAL AGENT TEATOR:
All right.
When 25 did that happen, and how did that get reported back to 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 you?
The HR people down on the Island reported up to me.
SPECIAL AGENT TEATOR:
Okay.
\\ My job prior to the budgeting job.
SPECIAL AGENT TEATOR:
All right.
- So we're talking 1999-2000 time period?
Yes.
From
'96 up through probably '99 the HR people on the Island reported up to me.
SPECIAL AGENT TEATOR:
Okay.
I'm not sure when I left out of there.
SPECIAL AGENT TEATOR:
Okay.
When did this issue of this meeting come to your attention where people were There were lots of things over the course of the time period.
There was a book she was giving out to everybody there that had her personal business on the back of it.
I had to have a conversation with her about that's not appropriate to be giving out in the work force, it's not appropriate to be, I'll say, pushing your own personal business on company time to company employees.
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.=--
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5 6
7 8
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 34 we had with an individual who was going through a1W WT-
- that I
had to have numerous conversations with Kim about to have her taken out of the consulting role that she was providing to this individual.
It was a high maintenance type of function that I had with Kim.
SPECIAL AGENT TEATOR:
All right.
Can we go back to that meeting --
Which meeting?
SPECIAL AGENT TEATOR:
-- where there were ten people and five of them were crying?
When did that happen?
I don't know.
SPECIAL AGENT TEATOR:
All right.
How did you become aware of that?
Was it, j
The HR people down on the Island would tell me.
'ould tell me.
SPECIAL AGENT TEATOR:
All right.
So he may be able to provide more specific information regarding that.
IW IN )Yes.
And I don't know that he was in the room, but he had heard the same types of stories that I had heard.
SPECIAL AGENT TEATOR:
All right.
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KEENAN:
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incident or was that just an illustration?
2 It's an illustration.
There 3
were many of them.
She would call people and demand 4
that they attend a meeting, and if they didn't get 5
there, they could hand in their resignation papers or 6
they would get fired.
There was a
lot of 7
intimidation.
She put herself out in the organization 8
as the eyes and ears of 9and she just did things 9
that I don't think an HR person should do.
10 SPECIAL AGENT TEATOR:
Okay.
Fine.
I'm 11 hearing all of this.
Did you report this feedback 12 back to.-
13 rmI did the end of December 2002.
14 SPECIAL AGENT TEATOR:
Why not before?
15
) Because she was working for 16 him, and I'm assuming she was getting results, I don't 17 know.
I dealt with Kim all the time on the issues.
18 SPECIAL AGENT TEATOR:
Tell me what you 19 mean by you dealt with her.
20 On the book issue, on the 21 transgender issue, and then the Nuclear people down 22 there would coach and counsel her as well.
23 SPECIAL AGENT TEATOR:
Okay.
You made a 24 comment, though, that you felt some of the things she 25 was doing was not making for a
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9 10 11 36 environment.
I mean the NRC is conducting a safety conscious work environment review down there, so when I hear that it strikes with me.
When did you come to the belief that what Kim was doing was not creating a healthy work environment down there?
When did you come to that belief?
I just think it's not --
I think in a business environment when you get people in a room, and I don't even know what the conversations
- were, I don't know what the subject matter of the sessions were --
SPECIAL AGENT TEATOR:
Right.
but to have people be so upset as to what they're being told or what they're saying to each other that there's tears involved --
SPECIAL AGENT TEATOR:
Yes.
I don't think that's 12 13 14 15 16 17 18 19 20 21 22 23 24 25 appropriate.
SPECIAL AGENT TEATOR:
Okay.
Right.
But my question was when did you come to the belief that what Kim was doing down there was not creating a healthy work environment?
Was there a point in time when you came to that belief?
No.
I don't recall the time frames.
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SPECIAL AGENT TEATOR:
And I'm going to 2
ask the question again.
Why did you wait till the end 3
of '02 to report this type of feedback back eM 4
about Kim?
- 5)
I don't know.
6 SPECIAL AGENT TEATOR:
All right.
So 7
let's go to the end of '02.
You had this discussion 8
wit.right, about Kim Harvin and her expenses, 9
what's going to happen in
'03.
Is that when you --
at 10 that point, do you tell him of this feedback you had 11 gotten over the years regarding Kim?
12 didn't go into everything 13 wit*
what I just --
my objective was to try to 14 get him to get her out of the organization.
He was 15 leaving.
I thought it would be cleaner if she left at 16 the same time and/or before he left.
17 SPECIAL AGENT TEATOR:
You said objective 18 to get her out of the organization.
Why was that an 19 objective again?
20 Jim
) Again, because I don't think 21 she conducted herself as an HR professional should 22 conduct herself.
23 SPECIAL AGENT TEATOR:
And you made the 24 comment about you didn't want the new management to be 25 saddled with that or have to deal with that?
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1 didn't want them to have to 3
deal with it.
4 SPECIAL AGENT TEATOR:
All right.
At the 5
end of '02 when you had this discussion with do 6
you tell him generally about the feedback you've 7
gotten regarding Kim over the years? Did you get into 8
it at all with him?
9 I don't think that I did.
10 SPECIAL AGENT TEATOR:
Okay.
I mean why 11 not?
It sounds like --
I mean correct me if I'm 12 wrong, please, but it sounds like the things that Kim 13 had been doing over the years which you've described 14 personal business, this
- issue, her-15 treatment of people, throwing her power
- around, 16 causing people to become emotional -- sounds like that 17 had been going on for a while.
Why didn't you tell 18 at least at the end of '02 about some of the 19 specific stuff?
20 I don't know.
21 SPECIAL AGENT TEATOR:
All right.
Is 22 there any documentation of any of those issues in her 23 personnel file, the personal business, you know, the 24 book issue that you brought up, this 2f 25 issue, any counseling type things you may have put in NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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her personnel file?
2 1 have not --
I did not have 3
access to her personnel file, and I never would have 4
put anything in her personnel file.
5 SPECIAL AGENT TEATOR:
Okay.
Why not?
6 You said you dealt with Kim one on one --
7 I dealt with her on those two 8
issues.
9 SPECIAL AGENT TEATOR:
The book and the 10 11)ys 12 SPECIAL AGENT TEATOR:
Okay.
Why didn't 13 you document any of that in her personnel file?
14 They were --
I don't know that 15 they were things that I would normally document.
It's 16 something where if you think someone might not be 17 doing something as you would like them to do, you have 18 a counseling session with them.
19 SPECIAL AGENT TEATOR:
Okay.
20
.You know?
21 SPECIAL AGENT TEATOR:
Okay.
Did you have 22 at least those two counseling sessions with --
23 1 had conversations with her on 24 both those issues.
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Up here, face to NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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face?
2 Down there, face to face.
3 SPECIAL AGENT TEATOR:
Okay.
All right.
4 Okay.
5 Down there, face to face.
6 SPECIAL AGENT TEATOR:
All right.
It's 7
10:13.
We'll take a very short break, and then we'll 8
move on.
9 Okay.
10 SPECIAL AGENT TEATOR:
Okay?
All right.
11 (Whereupon, the foregoing matter went off 12 the record at 10:13 a.m. and went back on 13 the record at
- a.m.)
14 SPECIAL AGENT TEATOR:
Okay.
We're back 15 on the record.
It's about 10:35 in the morning.
We 16 had a lengthy discussion off the record, and we went 17 and got some documents. relating to audits of Kim 18 Harvin's expenses; is that correct?
19
.i That's correct.
20 SPECIAL AGENT TEATOR:
I want to come back 21 a little bit, and then we'll go forward.
22
.)Okay.
23 SPECIAL AGENT TEATOR:
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to keep her.
You said or made a comment off the 2
record that during a conversation with'
- he stated 3
something to the effect that he was only going to need 4
her for a short period of time to finish things up.
5 Ys 6
SPECIAL AGENT TEATOR:
Can you go ahead 7
and tell me, first of all, did you say that to me?
8
- Yes, I did say that to you.
9 SPECIAL AGENT TEATOR:
All right.
Can you 10 go ahead and give me a little bit more about when that 11 may have occurred and where it occurred, if you want?
12 k)
There was a quarterly HR 13 meeting that Power held, and it was held January 17.
14 And at that'.meeting, during one of the breaks, I asked 15 if he still needed to have Kim work in the 16 Nuclear Business Unit and/or should we be planning on 17 transitioning her out prior to the new individual 18 coming on site, and he said that he needed her to 19 close out some work but that he should be able to 20 transition her out within the next month or two.
21 SPECIAL AGENT TEATOR:
Okay.
And when do 22 you think that --
is this no later than January 17?
23 sater than January 17.
24 SPECIAL AGENT TEATOR:
Okay.
Let's talk 25 about Kim Harvin's expenses issue for just a minute.
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Did the Audit Department up here conduct a review of 2
her expenses that she submitted?
And if so, why was 3
that audit conducted?
4
,Auditing did conduct an audit 5
of her expenses, and it was prompted by when I became 6
aware in December of '02 the facts surrounding her 7
temporary living expenses and the fact that she waited 8
16 months to say she hadn't gotten paid for her 9
temporary living expenses.
I asked to get a copy of 10 all her expenses for a couple of years, and I scanned 11 through them and saw some things that. I thought didn't 12 look right, so I turned them over and asked Auditing 13 to conduct an audit.
14 SPECIAL AGENT TEATOR:
Okay.
And you have 15 a
copy of the document provided by the Audit 16 Department in front of you; is that correct?
17 9'19 Yes' I do.
18 SPECIAL AGENT TEATOR:
Does that document 19 have a date on it indicating when that audit was 20 performed?
21 No.
It just has a file name 22 that says 2002 at the bottom.
It doesn't have a
23 specific date.
24 SPECIAL AGENT TEATOR:
Okay.
- Jeff, maybe 25 I could ask if the Audit Department has something to NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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show when they began their audit of Kim's expenses, that might be helpful.
MR.
KEENAN:
Yes.
The Company would be pleased to provide information relative to the audit report and get that information to the NRC.
SPECIAL AGENT TEATOR: All right. Because I think that issue is relevant because it's caused by you becoming --
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 claims?
Somewhat suspicious.
SPECIAL AGENT TEATOR:
-- of Kim's expense
- Yes.
SPECIAL AGENT TEATOR:
Okay.
And that resulted --
your becoming aware, that resulted in your discussion wit ultimately, where he said that he was no longer going to continue her services, right?
Yes.
S-PECIAL AGENT TEATOR:
Is how that --
No.
SPECIAL AGENT TEATOR:
-- rolled out?
This happened before the conversation with' That happened SPECIAL AGENT TEATOR:
The audit did.
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for her temporary living expenses for 2001 and 2002.
SPECIAL AGENT TEATOR:
Right.
Andme questioning why are we paying for temporary living expenses, and is she putting on her expense sheet things that should have been covered by the temporary living expenses; therefore, is she double dipping --
SPECIAL AGENT TEATOR:
Oh, okay.
All right.
was the reason for me to look at the expenses.
SPECIAL AGENT TEATOR:
Right.
- But, ul-timat-ly--your-revi-eO-f-hr expenses resu-te-din conversations which you described with about Kim's position for '03.
'II
- )
Yes.
SPECIAL AGENT TEATOR:
Okay.
That's where I was going with that.
Yes.
SPECIAL AGENT TEATOR:
All right.
- Now, after tells you that he's not going to -- he's going to eliminate Kim's position, did you provide any direction to any of your HR people down at the site on what action they needed to take to make that happen?
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Yes.
I talked with I guess it
/
2 was'
'at the time.
/
3 SPECIAL AGENT TEATOR:
4 1
and told him that 5
n had made the decision based on that conversation 6
that he and I had had and that they could go ahead to 7
start to prepare the paperwork.
8 SPECIAL AGENT TEATOR:
Okay.
And what 9
paperwork are you referring to?
10
) That would be a letter that 11 states that, "Your position has been eliminated.
You 12 have 45 days to find a new job," and it would be a 13 voluntary separation agreement, that Kim had the 14 ability to sign or not sign if she so chose.
15 SPECIAL AGENT TEATOR:
All right.
Could 16 you get out the -- there's a draft letter to Kim dated 17 February '03 where she's told her position's going to 18 be eliminated.
And attached to that there's a
19 separation agreement, dated February of 2003.
There's 20 no date written in, but it says February '03.
Do you 21 see that document in front of you?
22
- Yes, I do.
- Yes, I do.
23 SPECIAL AGENT TEATOR:
Do you know when 24 that might have been drafted, when in February?
25 I don't know.
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SPECIAL AGENT TEATOR:
Okay.
And the 2
language in the letter telling Kim of her job 3
elimination, is that standard language?
4 Yes.
5 SPECIALAG T TEATOR:
And is the language 6
standard in the separation agreement also?
7 Ys 8
SPECIAL AGENT TEATOR:
Okay.
- Now, I know 9
at least at NRC they have the ability to go into the 10 computer system and find out when a document was first 11 produced in the computer system.
It has dates in 12 there.
You can go in and check.
Jeff, I'd ask if 13 because I really want to nail this date thing down 14 with this separation agreement and her letter where 15 she's being told her job's being eliminated.
I really 16 want to nail that down.
I'd ask if the Company IT 17 people can go in and find when this document was first 18 drafted.
They might have the ability to do that.
If 19 they do, I'd like to get that document.
20 MR.
KEENAN:
I don't know if that's 21 feasible.
I think we'd probably also need to have 22 some foundation questions as to who generated this 23 document.
I don't know if this came out of Corporate 24 HR or out of site HR.
25 SPECIAL AGENT TEATOR:
Do you know?
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1IP It would have came out of site 2
HR.
It would have beeli orIf o*i"who did 3
that.
4 SPECIAL AGENT TEATOR:
Okay.
Why would it 5
come out of site HR as opposed to Corporate HR up 6
here?
7 That's how they did it.
That's 8
how we did it.
9 SPECIAL AGENT TEATOR:
Okay.
All right.
10 Do you know who drafted the document?
11 No.
Somebody that worked for 12 t the time.
13 SPECIAL AGENT TEATOR:
All right.
14
- , But they're standard documents, 15 so 16 SPECIAL AGENT TEATOR:
Okay.
That's fine.
17 it's not --. nobody created
/
18 something special.
19 SPECIAL AGENT TEATOR:
Right.
I just want 20 to try to get if I can, Jeff, from, I guess, the site 21 IT people, maybe they can go in and try and identify 22 when that was produced originally.
23 MR.
KEENAN:
That's why I
needed the 24 foundation, because now I can focus in on the site 25 department to see if we can ascertain the date of the 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 generation of that document.
i1'I actually think whoever did it could probably tell you what happened with this letter and why it was dated when it was dated and redated.
SPECIAL AGENT TEATOR:
Can you testify, to your knowledge, as to why there's a February date on the draft and March '03 on the final product?
Do you know?
DAN Second hand, the only thing I had heard is they had given it tol a couple times to have the conversation with Kim and he didn't do it, so they ended up redating it.
SPECIAL AGENT TEATOR:
Okay.
11I)But I'm sure would have more specifics about that.
SPECIAL AGENT TEATOR:
Yes, and/or SPECIAL AGENT TEATOR:
Okay.
Let's talk about the --
we'll put these documents aside, the documents meaning the separation letter and the separation agreement.
Did she ever sign the separation agreement?
No, she did not.
SPECIAL AGENT TEATOR:
All right.
Move to another area here, the acceleration of her departure
/
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from the site, okay?
If you can go to Page 18 of your 2
transcript, please, of Winston Strawn.
3 Eighteen?
4 SPECIAL AGENT TEATOR:
Yes.
I guess you 5
can read the whole page, but it's talking about a 6
meeting on the 18th or 20th.
8 SPECIAL AGENT TEATOR:
Were you down at 9
the site?
10 The 20th I was at the site.
11 SPECIAL AGENT TEATOR:
Okay.
Can you 12 testify to what went on in that discussion and who you 13 had a discussion with down at the site?
14 NOW The meeting on the 18th or the 15 meeting on the 20th?
16 SPECIAL AGENT TEATOR:
Let's talk about 17 the 18th first.
What happened on March 18, 2003?
18 Were you down at the site?
19
/
No.
I was up at I believe it 20 was Hamilton Park, it was a conference center.
21 SPECIAL AGENT TEATOR:
All right.
22 And I had what I'll call an 23 all-hands meeting with all of my HR people.
24 SPECIAL AGENT TEATOR:
Okay.
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there, including the field HR people that did not 2
report directly to me.
In this case, las there 3
and
.phonetic).
4 SPECIAL AGENT TEATOR:
Okay.
5 At that meeting with.
.and 6
VI*,
I questioned what happened you 7
know, what was going on with Kim, and they had told me 8
some things that were a little disturbing, such as I 9
believe it was the weekend prior she moved her office 10 and set up new headquarters in a much bigger brand new 11 office, and this was after she had already received 12 her 45-day notice.
13 SPECIAL AGENT TEATOR:
Okay.
14 So she took up residency in a 15 new office.
They also informed me that she had site 16 visits to other nuclear plants scheduled up through 17 mid-May, end of May 18 SPECIAL AGENT TEATOR:
Right.
19 X-- and things like that, and my 20 question to them was is she focusing on moving on with 21 her life, finding a new job or is she focusing on 22 trying to remain in the Nuclear Business where we had 23 already made the decision that she was not going to 24 remain?
And my suggestion at that point was that we 25 should try and get her in that week and talk to her
/
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- about, "Your last day on the site will be Friday and 2
from that point forward we want you to focus on 3
getting a new job, internally or externally --
4 SPECIAL AGENT TEATOR:
Right.
5 o--
but not in the Nuclear 6
Business Unit."
7 SPECIAL AGENT TEATOR:
When you asked the 8
people the question about was she trying to stay or 9
was she looking for a job, what answer did you get 10 from them?
11 Their impression was that she 12 was trying to remain employed and stay down in the 13 Nuclear Business Unit.
14 SPECIAL AGENT TEATOR:
Okay.
If you could 15 look at Page 18, please.
Talking about these meetings 16 and discussions, on Line 22 you answer a question 17 there, and the answer is, "We wanted her relieved of 18 all her duties."
19 That's correct.
20 SPECIAL AGENT TEATOR:
Why?
21 iaBecause we wanted her to focus 22 on the future and getting a new job.
23 SPECIAL AGENT TEATOR:
All right.
24 yAnd.that's not unusual.
We 25 have done that with other people.
I just recently did NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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9 10 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 52 it about two weeks ago with someone in my HR Department who was on a 45-day letter.
SPECIAL AGENT TEATOR:
Okay.
And what happened to that person?
Were they allowed to work the full 45 days?
No.
Their 45 days ends sometime the end of May.
SPECIAL AGENT TEATOR:
Right.
nd he was told, "Today is your last day coming to-work.
Your focus from this point forward is to figure out what you're going to do with the rest of your life."
SPECIAL AGENT TEATOR:
Okay.
At this meeting on the 18th, did you hear any complaints or concerns raised about Kim's emotional state down at the site or what effect she was having on people down at the site after she had been told her position had been eliminated?
'"\\I don't recall.
SPECIAL AGENT TEATOR:
Page 18 talks about a meeting on the 20th of March also.
SPECIAL AGENT TEATOR:
Was that your meeting with..
-*"Yes, it was.
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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 53 SPECIAL AGENT TEATOR:
And who was present for that meeting?
We had a morning meeting with qqw.
There was a group of us, and I can't remember everybody that was in the room, but it was myself, and there was some people from up here who went down with me, and I actually forget what the conversation was all about, but at the end of that meeting I asked W wf he could stay behind for a few minutes, andaknd I talked to him.
SPECIAL AGENT TEATOR:
Okay.
And I had asked if he would be troubled if we told Kim that tomorrow would be her last day.
SPECIAL AGENT TEATOR:
Tomorrow being the 21st.
) It would have been the 21st.
SPECIAL AGENT TEATOR:
And what did he answer?
He had no problem with that.
SPECIAL AGENT TEATOR:
Okay.
I just wanted to make sure there wasn't something of an urgent nature that she was working on for him that he felt he was not going to be able to get a deliverable or whatever it was she NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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was doing for him.
2 SPECIAL AGENT TEATOR:
Okay.
3 And when I asked him he said it 4
was fine.
5 SPECIAL AGENT TEATOR:
Okay.
And did you 6
provide direction to --
7 8
SPECIAL AGENT TEATOR:
to make 9
that happen?
10 Y
11 SPECIAL AGENT TEATOR:
Okay.
Let me ask 12 you this question then:. Were you the one responsible 13 for accelerating her departure from the site?
14 Ys 15 SPECIAL AGENT TEATOR:
Okay.
And if you 16 could just I
know we've gone over a lot of the 17 reasons for why you're at this point in time with Kim 18
- Harvin, but could you tell me why you wanted her 19 accelerated from the site at that point?
20 hen I hear things such as she 21 took it upon herself to take up residency in a new 22 office over the weekend, when I hear such things as 23 she has scheduled business meetings mid-May, end of
(
24 May, those things are troubling to someone who's been 25 told that their position has been eliminated, and you NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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55 1
should be finding yourself a new job.
And sometimes 2
people go into denial and don't think that that has 3
happened to them, and you need to say to somebody, 4
"It's true.
Find yourself a new job."
And the way 5
you can do that is to say, "You're not required to 6
come to work any longer.
Go find yourself a job.
7 We'll send you the postings that become available, but 8
your job for the next 30 days, 45 days, whatever is to 9
find yourself a new job.
Forget what you were doing 10 here every day.
Your work here is done."
11 SPECIAL AGENT TEATOR:
Okay.
When you're 12 having these discussions on the 18th and 20th of 13 March, at that point, did you know whether or not Kim 14 had raised any type of safety concerns down there at 15 the site with the Nuclear Business?
16 No.
17 SPECIAL AGENT TEATOR:
I'm-going to make 18 it pretty general here.
19 No.
20 SPECIAL AGENT TEATOR:
Did you have any 21 knowledge that she had raised such concerns or issues?
22 No 23 SPECIAL AGENT TEATOR:
About anything to 24 do with the Nuclear Business down there.
25 No.
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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 the plant, shaking yc 56 SPECIAL AGENT TEATOR:
The operating :of the work environment down there.
You're
)ur head, but can you answer?
O V
W Oh, I'm sorry.
You can't hear my head shake?
SPECIAL AGENT TEATOR:
No.
Those are all questions.
No, I have never heard her raise a nuclear safety concern nor have I heard anybody say that she raised a nuclear safety concern.
SPECIAL AGENT TEATOR:
Did you hear that she had raised concerns with the work environment down there, the safety work environment, safety conscious work environment.
1 I never heard her raise any concerns nor has anybody else told me that she raised concerns.
SPECIAL AGENT TEATOR:
Ever.
- )
Ever.
SPECIAL AGENT TEATOR:
Of course, you've since become aware that she is claiming she raised such concerns?
SPECIAL AGENT TEATOR:
Is that correct,
(
you've become aware of that?
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1 1'That's correct.
Yes.
2 SPECIAL AGENT TEATOR:
When did you first 3
become aware of that?
4 1
Ithink it was when she sent 5
the letter to 6
SPECIAL AGENT TEATOR:
Theýletter.
7 Okay.
That's later in March.
I think March 26.
I 8
think the letter was faxed up here to Corporate.
9 MR.
KEENAN:
- Yes, I think that's right.
10 SPECIAL AGENT.TEATOR:
How long after it 11 was faxed up here did you become aware of that letter?
12 1N I don't --
probably within a 13 week or so.
I don't remember.
14 SPECIAL AGENT TEATOR:
Okay.
Let's jump 15 back, talk about you asked -
) if he would have, a 16 problem with Kim's last day being the 21st.
He says 17 no.
You provided direction to I.to make that 18 happen.
19Y 20 SPECIAL AGENT TEATOR:
Is that correct?
21 Yes.
22 SPECIAL AGENT TEATOR:
Why didn't that 23 happen then?
24 SPECIAL AGENT TEATOR:
I think you really 25 need to as but my understanding --
7'i(
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SPECIAL AGENT TEATOR:
Okay.
Do you know 2
why it didn't happen?
3 My understanding was she 4
wouldn't return phone calls and didn't want to -- she 5
canceled the meeting that was scheduled, et cetera.
6 SPECIAL AGENT TEATOR:
Who's telling you 7
of this?
8 9
SPECIAL AGENT TEATOR:
All right.
Was 10 your desire to have her accelerated from the site 11 based in part on this expenses issue also?
12 I
can't say that it was 13 necessarily was a factor.
I think it's always in the 14 back of your mind.
The thing that was more troubling 15 to me was the moving into a new office and scheduling 16 business trips were more troubling to me at that 17 point.
18 SPECIAL AGENT TEATOR:
Okay.
All right.
19 It's 10:54.
I think we're almost finished up here.
20 I'll take one short break, and then we'll move towards 21 closure.
22 (Whereupon, the foregoing matter went off 23 the record at 10:54 a.m. and went back on 24 the record at 11:07 a.m.)
25 SPECIAL AGENT TEATOR:
Okay.
It's 11:07 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1 2
3 4
5 6
7 8
9 10 11 12 13 14 15 16 18 19 20 21 22 23 24 25 in the morning, we're back on the record.
I wanted to ask you a couple questions about what types of things are documented in official personnel files?
We talked a little bit earlier about a couple discussions you had with Kim regarding two issues, one being something about her personal business, and the other being a type issue.
I asked you why those issues hadn't been documented in her performance file.
What type of issues would cause you to put a document like that in someone's file?
I think from my perspective if you look at HR, it's not black and white, and how you handle cases there's oftentimes not just one right answer.
And how Kim handled these would not have been the way I would have handled them.
So I look at that as a, "Kim, did you think about the implications of gai-vng--out--a-beok,--and--I-know--yol-hd ai i good intentions of giving the book out, but did you think about the implications that it has your company name on the back and what it may be perceived as?"
Her comment was, "No, I didn't think about that."
So it's more of a coaching, counseling.
It's not one-size-fits-all.
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Okay.
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their expense sheets and/or they falsified their time 2
sheets and/or if they had a fight, a verbal fight or 3
a physical fight with someone in the office or if they 4
were insubordinate or things like that, you would 5
definitely document that and put that into somebody's 6
personnel jacket.
In the two cases that I spoke 7
about, to me they were things that I would not have 8
handled that way.
9 SPECIAL AGENT TEATOR:
Okay.
10 WD Which is why they weren't 11 documented and put in her folder.
12 SPECIAL AGENT TEATOR:
- All, right.
13 Anything more you want to add on that issue?
If not, 14 I'm going to move to something else?
15 No.
16 SPECIAL AGENT TEATOR:
Okay.
We broke 17 down pretty good when you first heard fromn that I_
18 he was not going to continue Kim's employment, he was 19 going to eliminate her position.
And you said that 20 conversation occurred no later than January 17,
'03.
21 Is there any type of documentation to show that, to 22 prove that, an email, something contemporaneous, even 23 to the point of after hearing that fro you give q
24 direction to site HR which started them down the track 25 on preparing for that to occur?
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can point to, a
- document, which would show 2
contemporaneously when that occurred?
3 I did not write anything or 4
document anything..
I don't know if0
ýid.
5 SPECIAL AGENT TEATOR:
Okay.
6 I
I don't know if it's possible 7
or not but I believe I made the call from my cell 8
phone to on that same day.
9 SPECIAL AGENT TEATOR:
Okay.
10 So I don't know if my cell 11 phone records, if you could even get them --
12
.SPECIAL AGENT TEATOR:
Right.
13 would have a call to the
\\/
14 Nuclear Business Unit.
15 SPECIAL AGENT TEATOR:
Okay.
How else 16 would you normally call them, though?
I mean if you 17 call them rarely, it might be an indicator, but if you 18 call them --
19 I don't call them as much as 20 you might think I do.
21 SPECIAL AGENT TEATOR:
Okay.
22 Back then, at least at that 23 time, because they reported up to Now that 24 they all report back up to me, maybe it will be a 25 different story.
But instead of dealing directly with NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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I would deal through 4, which was his 2
manager at that time.
3 SPECIAL AGENT TEATOR:
Okay.
So after 4
hearing that fro you calle
ýn your 5
cell phone.
6 I believe it was from my cell 7
phone.
8 SPECIAL AGENT TEATOR:
Okay.
9 At the offsite.
10 SPECIAL AGENT TEATOR:
Jeff, why don't we 11 see if we can get the cell phone records from that 12 month or that
- week, I
guess.
That might show 13 something.
Anything else you can think of that might 14 15 ay remember.
16 SPECIAL AGENT TEATOR:
Right, but I'm 17 talking about a document.
Do you keep a diary or 18 anything like that?
19 1.*
I keep my calendar, and the 20 calendar says I was at the quarterly HR offsite.
21 SPECIAL AGENT TEATOR:
Right.
22 MR.
KEENAN: Jeff, we'd be glad to provide 23 the cell phone records.
I just don't know how long 24 they're retained.
25 SPECIAL AGENT TEATOR:
Okay.
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MR.
KEENAN:
It might take me some time to 2
figure out --
3 SPECIAL AGENT TEATOR:
Right.
4 MR.
KEENAN:
how to get those.
I 5
typically have not done that, historically.
6 SPECIAL AGENT TEATOR:
Right.
I mean your 7
testimony's pretty clear on this, but I mean it's 8
better 9
WN)
If there's something.
10 SPECIAL AGENT TEATOR:
if I
had 11 something in writing, and you understand that.
12 E
Yes.
13 SPECIAL AGENT TEATOR:
So that's why I'm 14 asking for that.
Okay.
If you think of anything that 15 you might have, any type of documentation shortly 16 after that date which would show that t told you
)
17 that he wasn't going to continue Kim, that would be 18 very helpful.
And if you find that, provide it to 19
- Jeff, and I'd ask that it be provided to the 20 Commission as part of this investigation.
21 MR.
KEENAN:
- Yes, absolutely.
We'd be 22 glad to provide any additional information we find on 23 that request.
24 SPECIAL AGENT TEATOR:
Okay.
Speaking of 25 calendars, I have a copy of calendar, I think it's NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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yours, and I probably should have talked about this a 2
little bit earlier, but it's March 2003.
Does this 3
look like your calendar?
4 No.
I think this is 5
calendar.
6 SPECIAL AGENT TEATOR:
7
) Yes.
It's not mine.
8 SPECIAL AGENT TEATOR:
All right.
Take 9
your name off of that and put*
name down.
Thank 10 you.
11 H)e's a very busy person.
12 (Laughter.)
13 SPECIAL AGENT TEATOR:
I have a fax to 14 dated 4-14-03.
It
- says, 15 "Regarding Kim Harvin."
The fax cover sheet reads, 16 I wanted you to have a copy of 17 memo of October 31, 2001, underline.
Please 18 note that it was considered a,
- quote,
'rotational 19 assignment,'
with no guarantee of employment beyond 20 2002..date."
Do you remember getting that fax?
21
. 3/41 remember getting it.
I'm not 22 sure why I got it, though.
.23 SPECIAL AGENT TEATOR:
Yes.
I'm wondering 24 why.
I'm going to ask him that, but do you know why?
25 I don't remember why.
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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 00 SPECIAL AGENT TEATOR:
With the emphasis being under rotational, underlined rotational.
I don't know why.
SPECIAL AGENT TEATOR:
All right.
I just have a few more follow-up questions, and then if you have something you want to add, please go ahead and do SO.
We've talked about a
lot here this morning, and what I've gotten from you, and I think you did testify to this, is that you didn't want Kim working at the NBU anymore; is that correct?
That's correct.
SPECIAL AGENT TEATOR:
And did your reason for that belief have anything to do with her raising any type of concerns down there at the site?
No, it did not.
SPECIAL AGENT TEATOR:
Did it have all to do with what you described here today regarding her expenses, the way she was treating people down at the site, things of that nature?
Yes.
SPECIAL AGENT TEATOR:
Is that what the basis of that was?
- Yes, it was.
Kim did things different than I would do them, and --
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1 2
3 4
5 6
7 8
9 10 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 66 SPECIAL AGENT TEATOR:
In discussions you had with or any of the nuclear management team down at the site, did any of them ever make a complaint to you that Kim was raising issues of concerns, anything of that nature?
- '**INever.
SPECIAL AGENT TEATOR:
name came up a little bit in this.
Were you present for any of the conversations with asked questions about Kim Harvin and what she was doing down at the site?
N
)I don't recall that I was.
SPECIAL AGENT TEATOR:
In one of the things I've read, Kim Harvin made a statement that --
or asked someone a
question if she had been blackballed by the Company.
Did that ever come up to you at all?
I never heard that.
SPECIAL AGENT TEATOR:
Okay.
All right; It's 11:15.
I appreciate your time and patience today, but I believe I've finished with the questions I have for you today.
M~~m~I)Okay.
SPECIAL AGENT TEATOR:
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3 4
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7 8
9 10 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that to me under cover
- letter, that would be appreciated.
MR.
KEENAN:
Yes.
We'd be glad to provide that information as well as the requested information that you made in the course of the interview.
SPECIAL AGENT TEATOR:
Okay.
All right.
Whatever you have near term would be helpful to give to me.
Don't wait for everything to be done, because it might take a while for some of the things to --
so if you have an interim submittal, I'd appreciate getting that.
s there something that I didn't get to today regarding Kim Harvin and the decision for why her position was eliminated or for why she was accelerated offsite that you want to bring forward that I haven't gotten to today or that hasn't come out?
)No.
I think you've asked the right questions.
SPECIAL AGENT TEATOR:
All right.
\\. There's nothing else.
SPECIAL AGENT TEATOR:
- Jeff, is there something you want to review with your client?
MR.
KEENAN:
No.
We appreciate the opportunity to provide the testimony today.
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going to follow up on those additional requests, and 2
we'd appreciate the opportunity to review the 3
transcript when it's available.
4 SPECIAL AGENT TEATOR:
Okay.
5 1 was -- I don't know if I said 6
this before, but I was the one who was kind of nudging 7
)to make the decision to decide if he needed to
/Z 8
continue with her or not -as opposed to acting 9
upon it on himself.
10 SPECIAL AGENT TEATOR:
Okay.
I think that 1i came out generally, but why were you nudging him?
12
) Because of all the issues we 13 talked about.
14 SPECIAL AGENT TEATOR:
All right.
Were 15 other people at your level wantingA to make a 16 decision on Kim also that you're aware of?
17
- ) Not at my level, but I believe 18 the HR people on the Island were of the same opinion.
19 SPECIAL AGENT TEATOR:
For the reasons 20 you've described today?
21
.') Right.
22 SPECIAL AGENT TEATOR:
Because I think 23 what you've testified to is most of the information 24 you were getting was from the HR people at the site; 25 is that correct?
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 69 Right.
Right.
And I'm not sure that they were aware of any of this.
SPECIAL AGENT TEATOR:
This meaning the expense and audit review?
4 mRight.
I never shared that with them.
SPECIAL AGENT TEATOR:
Okay.
But the other stuff which you talked about --
SPECIAL AGENT TEATOR:
the things that were going on down at the site.
Yes.
SPECIAL AGENT TEATOR:
All right.
I appreciate your time and your patience.
If there's something you think of that might be helpful, please let Jeff know and he'll get it to me.
SPECIAL AGENT TEATOR:
All right?
No problem.
SPECIAL AGENT TEATOR:
-This interview is concluded.
It's 11:18.
Thank you.
(Whereupon, at 11:18 a.m.,
the Interview of L was concluded.)
I7 ( -
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