ML062000510
| ML062000510 | |
| Person / Time | |
|---|---|
| Site: | Salem, Hope Creek  |
| Issue date: | 06/09/2004 |
| From: | NRC/OI |
| To: | |
| References | |
| 1-2003-045, FOIA/PA-2005-0194 | |
| Download: ML062000510 (71) | |
Text
1 UNITED STATES OF AMERICA 2 NUCLEAR REGULATORY COMMISSION 3 + + + +*+
4 OFFICE OF INVESTIGATIONS 5 INTERVIEW 6 -------------------------------- x 7 IN THE MATTER OF:
8 INTERVIEW OF : Docket No.
9 : 1-2003-045 10 (CLOSED)
x 12 13 Wednesday, June 9, 2004 14 Human Resources Dept 15 Building TB2 16 Salem Hope Creek Nuclear 17 Station 18 Hancock's Bridge, NJ 19 20 The above-entitled interview was conducted 21 at 12:10 p.m.
22 23 BEFORE:
'-7 24 Senior Special Agent JEFF TEATOR V 25 * " "*EXHI~tT _J7 Information n his record was deleted NEAL R. GROSS PAGE_ OF:.-- PAGE inaccordance ith the Freedom Of Iff10?01MBUOM'OURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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- ,/ . "-.-__.- .;..
- 1 APPEARANCES:
2 On Behalf of the Witness and PSEG Nuclear:
3 JEFFRIE KEENAN, Esquire 4 Assistant General Solicitor 5 PSEG 6
7 8
9 10 11 12 13 14 15
.16 17 18 19 20 21 22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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ss.coM
1 P-R-O-C-E-E-D-I-N-G-S 2 (12:10 p.m.)
3 SR. SPECIAL AGENT TEATOR: Today's date is 4 June 9th. The year is 2004. My name is Jeffrey 5 Teator. I am senior special agent with the United 6 States Nuclear Regulatory Commission Office of 7 Investigations. It is approximately 12:10 in the 8 afternoon.
9 I am interviewinj This 10 interview is taking place in the human resources empty 11 office in the building TB2 located at Hope Creek Salem 12 nuclear generating station, Hancock's Bridge, New 13 Jersey.
14 *)prior to going onto the 15 record, di .d I explain to you this is a voluntary 16 interview?
17 Yes, you did.
18 SR. SPECIAL'AGENT TEATOR: Knowing it is 19 voluntary, do you wish to go forward?
20 21 SR. SPECIAL AGENT TEATOR: Do you have any 22 objection today to providing sworn testimony to the 23 NRC?
24 25 SR. SPECIAL AGENT TEATOR: Would you raise NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1 your riS *ht hand for me, please, do you swear that the information that you are 3 about to provide to me is the truth, the whole truth, 4 and noth ing but the truth?
.~do.
5 6 SR. SPECIAL AGENT TEATOR: Thanks.
7 4 )you are being interviewed as part of an 8 investig ation I'm conducting into a potential 9 violation of 10 CFR 50.7. That's employee protection 10 regulati ons.
11 It has been alleged that Kim Harvin's 12 position was eliminated here because she engaged in 13 NRC protected activity, raising safety concerns. And 14 it is also alleged that her last day of access or work 15 here at the site was moved up from April 16, 2003 to 16 March 28, 2003. Those are the two alleged adverse 17 acts that were committed against Kim Harvin because 18 she engaged in protected activity.
19 You are being interviewed as a fact 20 witness. No one has accused you of doing anything 21 wrong at all, but it is your obligation to answer all 22 of my questions truthfully and completely.
23 Do you understand that?
24 I understand that.
25 SR. SPECIAL AGENT TEATOR: Okay. Thanks.
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1 '.you are being represented by 2 counsel today. Counsel, if you could identify 3 yourself for the record, please, and explain your 4 representation?
5 MR. KEENAN: Yes. My name is Jeff Keenan.
6 I am Assistant General Solicitor with PSEG Services.
7 Today I. am representing PSEG Nuclear and 8 individually. I am not aware of any conflict of 9 interest. Should a conflict arise, I will take a 10 break from the record and best handle that.
11 We do understand this is a voluntary 12 interview an s a fact witness who would like 13 to review the transcript when it becomes available.
.14 SR. SPECIAL AGENT TEATOR: Okay.
i5 a few follow-up questions for you regarding the 16 representation. Does your employer require you to 17 have counsel represent you if you are interviewed by 18 OI?
19 No.
20 SR. SPECIAL AGENT TEATOR: Were you in any 21 way threatened with any type of adverse action by your 22 employer if you did not request counsel to represent 23 you during this interview?
24 . No, they were not.
25 SR. SPECIAL AGENT TEATOR: Do you NEAL R. GROSSV COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.
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1 understand that you have a right to a private 2 interview by me if you wanted one?
3 Yes, I do.
4 SR. SPECIAL AGENT TEATOR: Knowing all of 5 this, do you wish to go forward with counsel present?
6 -W Yes, I do.
7 SR. SPECIAL AGENT TEATOR: Thank you.
.8 - could you give me your date and 9 place of birth, please?
10 1 N-12 SR. SPECIAL AGENT TEATOR: And your 13 current home address?
14 1 15 16 SR. SPECIAL AGENT TEATOR: And your Social 17 Security number, please?
14 .. _0.. .
19 SR. SPECIAL AGENT TEATOR: Your home phone 20 number, please?
21 MINE.
22 SR. SPECIAL AGENT TEATOR: Have you ever 23 served in the United States military?
24 4 No.
25 SR. SPECIAL AGENT TEATOR: And where did NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1 you go to college?
2 SR. SC AE T O Wa tp o 3
4 SR. SPECIAL AGENT TEATOR: What type of 5 degree did you obtain from there?
6 7
8 SR. SPECIAL AGENT TEATOR: What year did 9 you get that degree?
10 311 SR. SPECIAL AGENT TEATOR: Thanks.
12 - I'm getting old.
13 SR. SPECIAL AGENT TEATOR: We all are.
14 Any further degrees?
15 Not yet. I'm in the 16 17 g 18 SR. SPECIAL AGENT TEATOR: Oh, good. At 19 some point were you hired to work here at PSEG 20 Nuclear?
21 Yes.
22 SR. SPECIAL AGENT TEATOR: When was that?
23 Sorry 24 about that.
25 SR. SPECIAL AGENT TEATOR: You' re 20 years NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1 ahead of yourself.
2 Yeah.
3 SR. SPECIAL AGENT TEATOR: Q 4 .) Right.
5 SR. SPECIAL AGENT TEATOR: And from* &
6 AMto the present, have you remained continuously 7 employed here?
8~~~ 40i-Yes,
\'1 I have.
9 SR. SPECIAL AGENT TEATOR: Your current 10 job title, please?
11 12 SR. SPECIAL AGENT TEATOR: How long have 13 you held that position?
14 Since August of 2003.
15 SR. SPECIAL AGENT TEATOR: Just prior to 16 that, what was your job?
17 "T ... . :T h e he...
18 w w 19 SR. SPECIAL AGENT TEATOR: When did you 20 hold that position, the dates, please, approximate?
21 : Approximate dates are -- 8-03 22 is the end date. And approximately two years. So I'm 23 not sure what the month was, sometime in 2001.
24 SR. SPECIAL AGENT TEATOR: At some point, 25 were you the,ý MF at Hope Creek?
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1 42Yes, I was.
2 SR. SPECIAL AGENT TEATOR: When was that?
3 ) October of '96 relatively --
4 I'm not sure of the exact month -- to October 2000.
5 I went into that position. The titles 6 changed, Jeff, but the role was very similar from 2000 7 through 2004.
8 SR. SPECIAL AGENT TEATOR: When you were 9 the who did you report to 10 in that position?
11 12 SR. SPECIAL AGENT TEATOR: From 8-01 until 13 about 8-03?
14 I believe during that whole 15 time, yeah.
16 SR. SPECIAL AGENT TEATOR: Whoever the(M 17 MNjould have been, that's who you would have --
i8 S SRight.
19 SR. SPECIAL AGENT TEATOR: That'Is the 20 title you would have reported to?
- 21 That was the chain.
22 SR. SPECIAL AGENT TEATOR: That was the 23 chain of command? Okay.
24
- I don't think there was ever 25 anybody else in that chain if I can remember. M 1 /I NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1 role changed also. He was a 2 sometime during that time. He rolled over into ops.
3 And then the specific roles changed and the reporting 4 relationships, but I believe that # was my boss 5 during that whole time period.
6 SR. SPECIAL AGENT TEATOR: Okay. Good.
7 All right. Let's talk about Kim Harvin for a little 8 bit. When did you first meet Kim Harvin? Do you 9 remember?
10 I Date-wise?
11 SR. SPECIAL AGENT TEATOR: Yes, 12 approximately. Did you meet her while working here?
13 *1 hile here, yes. I was still 14 the F[II at the time.
15 SR. SPECIAL AGENT TEATOR: Okay.
16 ) To put a date on it, I don't 17 know if I could.
18 SR. SPECIAL AGENT TEATOR: Right.
19 It was relatively in the '98 20 or '99 time frame probably. If I was going to put a 21 year on it, I would say '99.
22 SR. SPECIAL AGENT TEATOR: Okay. And did 23 you work with her on any particular projects or 24 assignments from that point up until she left?
25 Yes.
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1 SR. SPECIAL AGENT TEATOR: Can you give me 2 a description of --
3 Sure.
4 SR. SPECIAL AGENT TEATOR: -- what you
.5 would have worked with her on?
6 In operations. I was the 7 hrough October of 2000, as we said a few 8 minutes ago. And she had some focused efforts she did 9 with the operators, the licensed operators 10 specifically, a teamwork and improvement initiative 11 there, worked with her on ops. leadership with what we 12 call the shift managers now in the department. And 13 that was when I was the _
14 SR. SPECIAL AGENT TEATOR: Okay.
15 There was an effort for the 16 management team. I want to say in the 2000 time 17 frame, 2000/2001 time frame. That was working with 18 her on some management efforts. And then I was on a 19 management effort as well that she was helping me out 20 with when she left the company.
21 So those are the highlights that I recall, 22 Jeff. I would say that I would characterize my 23 efforts with her as being continuous, however, and my 24 interface with her as continuous in the time that we 25 have been talking about. But those were the NEAL R. GROSS /
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1 highlighted efforts that I can recall.
2 SR. SPECIAL AGENT TEATOR: Can you go into 3 a little more detail on the management effort that she 4 was working with you on when she left the company at 5 the Spring '03?
6 &&ý ý Sure.
7 SR. SPECIAL AGENT TEATOR: I was tasked 8 with working on management effectiveness in the 9 island. That was a task that I received from the vice 10 presidential level and as part of the response to the 11 INPO grade that we received the previous August.
12 SR. SPECIAL AGENT TEATOR: In '03?
13 Yeah.
14 SR. SPECIAL AGENT TEATOR: My strategy at 15 that time was to provide a network of specific 16 short-term assignments with line managers across the 17 horizontal spectrum of the island and take the
- 18 improvement effort, that 100-day initiative.
19 Working with l I was the -- going to be 20 the orchestrator on this effort and the conductor. It 21 was just getting off the ground in the beginning part 22 of 2003.
23 It quickly came to my attention, Jeff, 24 that -- or to my realization that I needed help. Kim 25 had a lot of background on this.
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1 SR. SPECIAL AGENT TEATOR: So she was not 2 initially involved in it?
3 . No. I actually solicited her 4 help. And she was providing that. I don't have the 5 documents with me that were -- when I say "documents,"
6 that were an official company documents. It was 7 assignments that I had for folks and what their 8 follow-up actions were and how they were doing.
9 And she was helping me with the interview 10 process and basically the follow-up actions as well.
11 I would characterize it for just a collateral duty.
12 It was very labor-intensive on my part. And she was 13 willing to help me out. And that's what she was doing 14 there in the early parts of 2003, particularly 15 concentrated in February.
16 SR. SPECIAL AGENT TEATOR: Now, she is 17 given her 45-day notice February 26, '03?
18Right.
.19 SR. SPECIAL AGENT TEATOR: Forty-five days 20 gets her to April 16, '03?
21 Right.
22 SR. SPECIAL AGENT TEATOR: But her actual 23 last day here was March 28th?
24 Right.
25 SR. SPECIAL AGENT TEATOR: Friday.
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1 Well, if you say so. I don't 2 remember the exact date, but --
3 SR. SPECIAL AGENT TEATOR: That's 4 accurate, what I'm telling you.
5 7okay.
6 SR. SPECIAL AGENT TEATOR: Okay? So my 7 question is, after she left, did another consultant or 8 contractor fill the role she was providing for you on 9 this 100-day initiative?
10 No.
11 SR. SPECIAL AGENT TEATOR: Were you still 12 tasked with completing that assignment after she left?
13 Yes.
14 SR. SPECIAL AGENT TEATOR: Did you have to 15 get anybody to help you? You described it as pretty 16 labor-intensive.
17 I never had any more help on 18 it.
19 SR. SPECIAL AGENT TEATOR: All right.
20 As a matter of fact, a task 21 was never completed.
22 SR. SPECIAL AGENT TEATOR: You continued 23 to work it?
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1 completed? Was it because of the change in 2 leadership?
3 Yeah, yeah and with going 4 a different route.
5 SR. SPECIAL AGENT TEATOR: Did he 6 terminate that?
7 - No and not to put a name on 8 that. There was never any official determination. It 9 more went away, Jeff. It's just there was never a 10 firm action by an individual to end it.
11 , SR. SPECIAL AGENT TEATOR: Is it fair for 12 me to characterize your involvement with Kim that you 13 -- did you have a lot of interaction with her in the 14 February '03 time period?
15 M Yes.
16 SR. SPECIAL AGENT TEATOR: Let's talk 17 about that, then. All right?
18 L""MA Yes.
19 SR. SPECIAL AGENT TEATOR: And if we could 20 focus that your answer is to that time period, but if 21 your answers don't apply to that time period, please 22 let me know.
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1 as being a nuclear safety concern?
2 I don't recall.
3 SR. SPECIAL AGENT TEATOR: Did she raise 4 concerns to you regarding leadership weaknesses here 5 down at the site?
6 Yeah. I think she was 7 concerned about leadership weaknesses that asked 8 specifics. I mean, I think we would have to probe 9 that a little bit.
10 SR. SPECIAL AGENT TEATOR: I will. Did 11 she tag any leadership weaknesses that could cause a 12 nuclear problem in the plant, a problem with running 13 the plant? Did she tie that at all?
14 . Right. I think I understand 15 your question.
16 Relative to what I was working on at the 17 time and being involved with each manager basically, 18--
19 SR. SPECIAL AGENT TEATOR: Right.
20 -- it was more strengths and 21 weaknesses of individual managers and being able to 22 coach them, which was her role, --
23 SR. SPECIAL AGENT TEATOR: Right.
24 ) -- on how to shore up those 25 weaknesses. Having specific nuclear safety concerns -,(
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1 at the time on individuals, I don't recall her having 2 those concerns in February.
3 SR. SPECIAL AGENT TEATOR: Did she raise 4 this issue to your attention during February '03 that 5 she felt there was inadequate attention being placed 6 or given to employee-raised concerns? Did she bring 7 that to your attention during that time period?
8 K7 Say it again?
9 SR. SPECIAL AGENT TEATOR: Yes. That she 10 thought there was inadequate attention being paid by 11 management to employee-raised concerns, concerns 12 raised by employees, to put it a different way?
13 Not specifically the way I 14 understand you asking tIe question.
15 SR. SPECIAL AGENT TEATOR: Tell me what 16 you--
17 Well, we have talked before 18 on the record about specific events.
19 SR. SPECIAL AGENT TEATOR: Right, yes.
20 And I don't have in my mind 21 which event was where and whatnot from a time 22 standpoint, Jeff.
23 SR. SPECIAL AGENT TEATOR: Right.
24 N I But she was very close to the 25 operators.
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1 SR. SPECIAL AGENT TEATOR: Which one, 2 Salem or Hope Creek?
3 0: Both.
4 SR. SPECIAL AGENT TEATOR: Licensed or not 5 licensed?
7 SR. SPECIAL AGENT TEATOR: Both? Okay.
8 - Those were degree terms 9 relative to, you know, I would say in general terms, 10 she was more close or closer to Hope Creek than Salem.
11 And also in general terms, she was closer to licensed 12 operators than non-licensed operators. However, I 13 would also characterize that there were exceptions of 14 both.
15 SR. SPECIAL AGENT TEATOR: Right.
16 I think she viewed herself as 17 a voice of those, of operations through management.
18 SR. SPECIAL AGENT TEATOR: Right.
19 But I don't know a specific 20 event that she could hive raised in that time frame 21 relative to specific examples from events. It would 22 not be out of character to do so.
23 SR. SPECIAL AGENT TEATOR: Right. Through 24 you? My question was --
25 Anyone in management. ( /
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1 SR. SPECIAL AGENT TEATOR: Right.
.2 I don't recall any specific 3 event that sh-brought/ o me.
4 SR. SPECIAL AGENT TEATOR: Right. How 5 about this area? Did she during that time period, 6 February '03 time period, raise any concerns to you 7 relative to she thought that it was non-conservative 8 operating decisions being made inside the plant, 9 non-conservative decision-making?
10 I think that would be more in 11 the March time frame. And I think that -- how should 12 I say that? I think any conclusion that she would 13 have come to on that would have been influenced by, 14 you know, what people, myself as an example --
15 SR. SPECIAL AGENT TEATOR: Right. That's 16 how they should --
17 Yeah.
18 -- could have told her.
19 SR. SPECIAL AGENT TEATOR: Grafting 20 issues?
21 '-,Right, right. The audiotape
.22 from the interview we had back last fall or whenever, 23 that would be a good example, where that's where her 24 perspective would come from.
25 SR. SPECIAL AGENT TEATOR: Right.
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1 And so that was an audiotape there. I would say that that example, Jeff, in 3 mind could have been played out in several different, 4 you know -- with more than several, almost many
.5 different operators or personnel with operations 6 background who, you know, she had interfaced with and 7 had a respect for as far as decision-making 8 capability. So that's the way I would phrase it.
9 Does that make sense?
10 SR. SPECIAL AGENT TEATOR: Yes. I 11 understand what you are saying.
12 Okay.
13 SR. SPECIAL AGENT TEATOR: Because I am 14 getting to a point here in a minute about something.
15 Okay.
16 SR. SPECIAL AGENT TEATOR: But I wanted to 17 ask about one other area. Did she raise this in her 18 concerns to you in the February-March '03 time period 19 that she felt there was an overemphasis on production 20 over safety?
21 *I don't remember a specific 22 conversation where -- nothing that jogs my memory a 23 year later specifically.
24 SR. SPECIAL AGENT TEATOR: Now, were you 25 ever present for a discussion where she raises --
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1 where you're there and she raises this 2 non-conservative operating decision issue to others, 3 others in senior management? Were you present for a 4 meeting where she raised that issue to others at your 5 level or above?
6 I'm wondering how it was perceived I guess 7 is where I'm getting at. If you were present, how did
.8 you view management's receiving of her raising that 9 stuff?
10 . Right. All right.
11 SR. SPECIAL AGENT TEATOR: That's really 12 where I'm going. If you can comment on that, I'd --
13 . Can you ask the question 14 again?
15 SR. SPECIAL AGENT TEATOR: Yes.
16... Ask the question again.
17 SR. SPECIAL AGENT TEATOR: All right.
18 Were you present --
19 Yes.
20 SR. SPECIAL AGENT TEATOR: -- for any 21 meeting where Kim Harvin raised any of the issues, 22 general type issues which I described to you, where 23 she raised those to management from your level and 24 above?
25 Uh-huh.
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1 SR. SPECIAL AGENT TEATOR: And if the 2 answer is yes, I would like you to comment, then, on 3 how you viewed management, how they received her 4 raising that issue or did they comment specifically to 5 her about her raising the issue?
6 Uh-huh.
7 SR. SPECIAL AGENT TEATOR: Jeff, do you 8 want to add something?
9 MR. KEENAN: Yes.
10 SR. SPECIAL AGENT TEATOR: Go ahead. I'm 11 kind of feeling this out a little bit.
12 : That's fine.
13 MR. KEENAN: But you have to answer the 14 question first.
15Yes.
16 MR. KEENAN: I don't know if you're saying 17 yes to understanding the question or yes, that you 18 were in attendance where there were discussions of 19 these issues. You didn't answer it yet.
20 I don't think I said "Yes" to 21 it.
22 MR. KEENAN: Okay. I just heard "Yes."
23 SR. SPECIAL AGENT TEATOR: One might read 24 that he's --
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1 you're saying?
2 SR. SPECIAL AGENT TEATOR: Yes. Because 3 it picks up on that.
4 \Sorry about that.
.5 MR. KEENAN: That's all r ight.
6 SR. SPECIAL AGENT TEATO}Z: That's all 7 right.
8 I don't recall any examples, 9 Jeff, that land on me, like I said, from a year ago 10 where, you know, I say to myself -- well, I'm trying 11 to put it in the right context -- she brings up an 12 issue. And there was -- let me back up.
13 There was plenty of meetings on 14 operational issues at the time in the station that any 15 or all of us were into or out of. She may or may not 16 have been there, r6* office as well.
17 I'm telling you I can't remember today 18 going back and saying. I remember when she brought up 19 that issue, and it got the attention of everyone in 20 the room on some nuclear safety issue.
21 SR. SPECIAL AGENT TEATOR: Right.
22 That doesn't -- I just --
23 from a free memory standpoint, I can't recall any 24 issue like that or any event like that that stuck with 25 me.
" ( ,
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1 SR. SPECIAL AGENT TEATOR: Same question 2 but if you could recall whether or not you saw her 3 raise an issue about her view of leadership weakness, 4 non-conservative decision-making, and her getting a 5 negative response from senior leadership about 6 bringing that issue up at a meeting. Did you ever 7 witness that occurring?
8 Yeah. The --
9 SR. SPECIAL AGENT TEATOR: Negative, 10 threatening type of response, anything of that nature?
11 No, no. But the -- can we 12 talk about it before I-go on to the next --
13 SR. SPECIAL AGENT TEATOR: Please. Yes, 14 yes. Let's do so.
15 Because talking it through, 16 whether it's on or off the record, for a few minutes 17 is -- would help me. And maybe I can provide useful 18 information.
19 There was a lot of -- there was an 20 exceptional amount in my memory is March. And you and 21 I have talked about those events in detail --
22 SR. SPECIAL AGENT TEATOR: Right.
23 .- more so than February.
24 But, regardless, there was an exceptional amount of 25 discussion on this topic with, you know, not managers
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1 but at the executive level at the time. And it was 2 going on, you know, in almost every meeting. And this 3 v_ is one good example. I think we could 4 talk about others. So it's somewhat of a blur to me 5 that I can't single out any particular issue.
6 SR. SPECIAL AGENT TEATOR: Or any 7 particular responses that she may have gotten from 8 executive leadership about raising such issues?
9 I think that would be fair 10 from the meetings I attended. Most of the meetings I 11 attended were operationally focused on individual 12 issues or events, as opposed to generic conversation.
13 SR. SPECIAL AGENT TEATOR: Okay. I'm 14 going to go back and test your memory a little deeper.
15 Okay. It's especially 16 helpful for me.
17 SR. -SPECIAL AGENT TEATOR: Okay. Two 18 thousand two time period. From what I understand, Kim 19 Harvin was at a meeting where senior managers, even 20 site executives were present for --
N* okay.
21 22 SR. SPECIAL AGENT TEATOR: -- where she 23 made a comment to the effect of the site management in 24 and of itself was a nuclear safety issue or was a 25 safety issue. Do you recall being present for a NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1 meeting where she made such a statement?
2 Two thousand two?
3 SR. SPECIAL AGENT TEATOR: Yes.
4 Do we have a location or --
5 2002.
6 SR. SPECIAL AGENT TEATOR: It sounds like 7 it's a regularly scheduled meeting. I don't know if 8 it's a weekly, monthly, but it sounded like it was at 9 a regular type of meeting, where senior-level people 10 here at the site would be in attendance, where she 11 made statements to the effect of in her view, site 12 management in and of itself was a nuclear safety 13 issue.
14 Okay.
15 SR. SPECIAL) AGENT TEATOR: And then she 16 got some feedback from people attending the meeting 17 about, "What do you mean?" And you went through a 18 list of questions trying to get specifics out of her, 19 what she meant. Do you recall being present for a 20 meeting where that occurred?
21 1 don't know if I can help 22 you with a meeting and point to facts in time. The --
23 it wouldn't surprise me that that is factual, though.
24 I mean, I'm not trying to doubt her credibility.
25 SR. SPECIAL AGENT TEATOR: Right.
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1 @Mý But what I'm saying is that 2 those types cf generic atements weren't that unusual 3 in this time frame.
4 SR. SPECIAL AGENT TEATOR: From her or 5 from anyone?
- ) .Anyone.
6 7 SR. SPECIAL AGENT TEATOR: I mean, INPO 8 documentation is written like that as well, Jeff.
9 SR. SPECIAL AGENT TEATOR: Didn't they 10 come in and do a review? I know that's part of INPO.
11 12 SR. SPECIAL AGENT TEATOR: They're one and 13 the same, I guess, pretty much.
14 \ Yes. I would only conclude 15 that that is, you know, true what -- the way she has 16 it phrased here or assuming that comes from her, but 17 I don't recall. It didn't land on me as being an 18 issue that was either not identified or not being 19 attempted to be solved.
20 SR. SPECIAL AGENT TEATOR: Do you recall 21 being present for a meeting where she made.a statement 22 like that?
23 No,. not specifically. Can we 24 talk about it a little bit more?
25 SR. SPECIAL AGENT TEATOR: Yes.
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1 ) That was her job --
2 SR. SPECIAL AGENT TEATOR: All right.
3 ..- ** * .. -- to identify that and to 4 improve site management effectiveness.
5 SR. SPECIAL AGENT TEATOR: Even to tie 6 that to nuclear safety? Because that is really the 7 issue as far as the commission is concerned, --
8 Yes, right. Right.
9 SR. SPECIAL AGENT TEATOR: -- I mean, or 10 it is one of the issues.
'11 Yes. Sure. No, not 12 directly. That's true,)to answer your question.
13 SR. SPECIAL AGENT TEATOR: I'm asking you.
14 Not directly. Okay. That's 15 true. But improvement, of site management was -- I 16 mean, in my mind, I make that link to nuclear safety.
17 SR. SPECIAL AGENT TEATOR: Right. That's 18 pretty easy.
19 That's why I looked it up in 20 my head a minute or two ago.
21 SR. SPECIAL AGENT TEATOR: Okay. That's 22 fair.
23 That's why in my mind, in my 24 view, she was part of the management team and 25 responsible for that.
I "
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1 SR. SPECIAL AGENT TEATOR: Okay. Well, 2 while we are talking about her function here at the 3 site, why don't we just continue with that? I'll come 4 back to my other stuff later.
5 All right.
6 SR. SPECIAL AGENT TEATOR: Did you think 7 she was -- it sounded like she had been down here for 8 a while doing this management improvement, site 9 management type of work, '98, '99, up through March 10 '03?
11 Right.
12 SR. SPECIAL AGENT TEATOR: Did you see her 13 value increasing as she got toward what became the end 14 of her employment or did you see a decrease?
15 Decrease.
16 SR. SPECIAL AGENT TEATOR: Why?
17 .i Before I answer that -- well, 18 I can answer -that in a/larger context, I think.
19 SR. SPECIAL AGENT TEATOR: Good. Okay.
20 Whenever she got here, in '98 or '99 or whatever, I 21 thought her value was on an up slope and continued on 22 that up slope through about 2001, I'll say, type time 23 frame. I don't have an event in mind when I say that, 24 Jeff, through 2001.
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1 last -- I don't want to put a time on it but 15 to 18 2 months of her tenure here. I think that she was 3 dedicated. I think that her intentions were good.
4 SR. SPECIAL AGENT TEATOR: They were good, 5 yes.
6 I think her intentions were 7 good. I think that her window of opportunity for 8 effectiveness with the leadership team passed by and 9 she just wasn't -- she was past the window of 10 opportunity to be successful.
11 By that, I mean she comes in here. Can we 12 do a little bit of background and talk about this for 13 a minute?
14 SR. SPECIAL AGENT TEATOR: Yes. Please.
15 1 s here. And Kim comes 16 down from wherever she came from. Let's go back to 17 the -- she is working for some guy in AT&T.
18 SR. SPECIAL AGENT TEATOR: Right.
19 And she is a management 20 consultant kind of person. Somehow she makes her way 21 over to public service and ends up down here. She 22 links up with ' And they have a vision of how 23 they want to change the management approach. Okay?
9 24 SR. SPECIAL AGENT TEATOR: Right.
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1 a consulting group that's GAP Consulting Group that 2 I'm sure you're familiar with.
3 SR. SPECIAL AGENT TEATOR: Yes.
4 ' An there's Ad an extremely --
5 use that adverb -- extremely large initiative that's 6 launched to basically, you know, improve the 7 management effectiveness, --
8 SR. SPECIAL AGENT TEATOR: Right.
9 -- reprogram everybody's 10 mind. Sorry for the laugh.
11 SR. SPECIAL AGENT TEATOR: That's all 12 right.
13 Inmy impression, you get one 14 shot at that.
15 SR. SPECIAL AGENT TEATOR: Right.
16 ., And it ran its course for two 17 or three years. And I'm not going to pass judgment.
18 For whatever reason, it wasn't effective. Eventually 19 the folks with GAP and the level of effort, that part 20 is gone away. And, to Kim's credit, her heart was in 21 it.
22 SR. SPECIAL AGENT TEATOR: Right.
23 i0: An00Ld she tried. She stuck 24 with it. And she continued to try to improve things.
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1 slope, she took her role to be more original, if you 2 will.
3 SR. SPECIAL AGENT TEATOR: What do you 4 mean by that?
5 NIM She focused on just, say, the 6 operations department, -
7 SR. SPECIAL AGENT TEATOR: Okay.
8 -- as opposed to trying to 9 change the management .team across the site.
10 SR. SPECIAL AGENT TEATOR: Right.
11 I don't know what she was 12 being directed to do, eff.
.3 SR. SPECIAL AGENT TEATOR: Byt 14 Right. But this is what I 15 observed.
16 SR. SPECIAL AGENT TEATOR: Right. That's 17 fine. I appreciate that.
18 And she stuck with those 19 areas. And, you know, her heart was and her emotions 20 were always that she could change the place. I don't 21 know whether that is her personality or whether it 22 came from an experience she had with more focused 23 leadership commitment at AT&T and she was successful 24 there. I don't know, but whether it was her, whether 25 it was the leadership commitment, or whether it was a NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1 combination of the two, my take is that is a 2 three-page answer on your text here. But my take is 3 she was just in a position where she couldn't be 4 successful anymore, she lost her overall rapport.
5 SR. SPECIAL AGENT TEATOR: Did you hear 6 other managers at your level and above make statements 7 that led you to believe they felt the same way about 8 her effectiveness or value being on a down slope? Did 9 you hear others comment to that effect?
10 . Not directly like we're 11 talking about discussing in the context of this 12 interview.
13 SR. SPECIAL AGENT TEATOR: Right.
14 I will say this in response 15 to that.
16 SR. SPECIAL AGENT TEATOR: Kim was a --
17 you will get a -- you will get one of two opinions on 18 Kim from this I'm sure you've probably already gotten 19 from interviewing folks.
20 But this core group of people who she 21 really helps out and -- really made a very determined 22 effort to make a better leader out of, most of those 23 people were in the operations organization.
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1 no -- you know, didn't appreciate her style and her 2 tactics, which could be pretty up front, pretty much 3 in your face at times when she was trying to help you 4 out. And you will hear a lot of negative comments 5 talking to those individuals.
6 So my answer to you is you can get one or 7 the other answer, but if you're saying it's a negative 8 trend, it would be influenced by that type of opinion 9 and background.
10 SR. SPECIAL AGENT TEATOR: Right. I guess 11 my question was, did any of the managers express a 12 view to you or in your presence that they saw her 13 value decline or being on a down slope?
14 No, I can't recall anything.
15 SR. SPECIAL AGENT TEATOR: You mentioned 16 a core group that she did help. Who are some of those 17 people? Are there some specific individuals?
18 .\Yes. I could give you some 19 examples. . e's a at Hope 20 Creek.
21 SR. SPECIAL AGENT TEATOR: Right.
2"1 22 ~I. >*,m*- ..... MHe Ie's no longer lne 23 here. 14e's no longer here. I'll 24 broaden it out to pretty much any shift manager in 25 Hope Creek.
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1 SR. SPECIAL AGENT TEATOR: All right.
2 * *" ... *at Salem. I 3 don't know why I work -- or she felt I .worked with 4 him. Those are a few names.
5 SR. SPECIAL AGENT TEATOR: All right.
6 Good. Thank you.
7 Have you ever seen her in her role act as 8 more of a line manager instead of what her role should 9 have been, maybe overstepping her bounds in acting as 10 a line manager?
11 Can you define what you mean 12 by "acting as a line manager"?
13 SR. SPECIAL AGENT TEATOR: Acting as I 14 guess an actual plant manager of the particular group, 15 like yourself. You were the manager of a --
16 17 SR. SPECIAL AGENT TEATOR: Right.
18 \No. Not really, no.
19 SR. SPECIAL AGENT TEATOR: Had you ever 20 been present for any type of meeting where, 21 Jsked individuals if facilitators, to include 22 Kim Harvin, were worth the money that the company was 23 spending in making progress go forward?
24 That asked?
25 SR. SPECIAL AGENT TEATOR: Yes.
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1 WWI- . No. I think we may have 2 asked.
3 SR. SPECIAL AGENT TEATOR: Who is "we"?
4 -. Other leaders in the 5 organization. We may have asked that, those 6 questions.
7 SR. SPECIAL AGENT TEATOR: To' 8 each other?
9
- Well, to each other. I don't 10 know if I can recall ever being in a meeting where we 11 asked( that that I was in, but I mean, you had 12 to ask the question, Jeff. We were spending millions 13 of dollars on these GAP folks. Kim was there.
14 SR. SPECIAL AGENT TEATOR: I've seen 15 numbers.
16 And things aren't getting 17 better.
18 SR. SPECIAL AGENT TEATOR: Right.
19 But I don' t recall being in 20 a room when
- brought it up or we asked him when 21 I was there. But, you know, in casual conversation 22 with each other, yes. Yes, I asked that question.
23 And others did as well.
24 SR. SPECIAL AGENT TEATOR: Did you ever 25 provide written or verbal input to Kim Harvin's NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1 performance partnership?
2 3 SR. SPECIAL AGENT TEATOR: I may come back 4 on some stuff, but let's talk about downsizing, if we 5 could. Go back to late '02, early '03 time period.
6 Were you aware that there were discussions being held 7 on downsizing staff positions here down at Hope Creek?
8 CA aIn '02?
9 SR. SPECIAL AGENT TEATOR: Late '02, early 10 '03. I'm talking staff positions, business support, 11 business services, IT, Kim's position. Do you view it 12 as a staff position?
4.d61VU"8%bWd\1"-
13 Let me get my thoughts 14 together. Late '02. /
15 SR. SPECIAL AGENT TEATOR: Yes.
16 Early '03.
17 SR. SPECIAL! AGENT TEATOR: Right.
18 If you want to do this off 19 the recordI?
20 SR. SPECIAL AGENT TEATOR: No.
21 That's fine. okay. I'm 22 going to g o through thinking through this in my mind.
23 SR. SPECIAL AGENT TEATOR: Okay.
24 Late '02, early '03. And 25 Kim's let go in early '03.
/
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1 SR. SPECIAL AGENT TEATOR: She's given 2 notice February 26, '03. She's informed.
3 Okay. I just want to make 4 sure I got my dates right. What I recall is your 5 question is was I aware of business-type reductions, 6 staff-type reductions, right? In this time frame?
7 SR. SPECIAL AGENT TEATOR: Yes.
8 Because when you asked the 9 question, I immediately thought about the big reorg.
10 we did last year.
11 SR. SPECIAL AGENT TEATOR: Right. This 12 would have been before that.
13 My memory is that if A' I got my 14 facts straight, this is business support and who was in that position at the time and 16 was -- if I've got my facts straight, he was reducing 17 staff. And a lot of them were going to Newark. And 18 I think he also asked was I aware of the staff and how 19 that related to Kim.
20 SR. SPECIAL AGENT TEATOR: Right.
21 I don't
- 1) know of any 22 relationship to Kim. If I'm going to do this like a 23 Windows Explorer-type thing, I don't -- this is what 24 I know right here.
25 SR. SPECIAL AGENT TEATOR:
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1 drove people?
2 2 ight, right. I don't know 3 anything about staff outside of his group or Kim 4 either.
5 SR. SPECIAL AGENT TEATOR: Switch gears a 6 little bit. I'm going to do this a few times here 7 today.
a AVMMAUW Okay 9 SR. SPECIAL AGENT TEATOR: Did Kim Harvin 10 ever say in your presence or give an impression to you 11 that she knew her position down here was a full-time 12 position, yet was temporary in nature?
13 V She described to me several 14 times, of which I an't say that I ever fully 15 understood what their relationship was between Newark, 16 her job in Newark being assigned to some manager in 17 Newark, working fo )and whether it was 18 temporary or long-term.
19 SR. SPECIAL AGENT TEATOR: Right.
20 She did mention that to me 21 during the course of the time I knew her. And I never 22 fully understood what the situation was, Jeff, and, 23 quite frankly, it wasn't of much of an interest to me.
24 But I knew that that was something she was concerned 25 with.
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1 SR. SPECIAL AGENT TEATOR: Okay. Can you 2 tell me a little bit more about what she was concerned 3 about?
4 -Well, I think she viewed it 5 as job security, as an)element of job security. And 6 the way I took it was she was permanently assigned 7 down here, that that was a more secure position than 8 having some remote manager that she is reporting to.
.9 SR. SPECIAL AGENT TEATOR: Did you know 10 that at some point she was transferred, her job was 11 transferred down here?
12 She mentioned that to me.
13 SR. SPECIAL AGENT TEATOR: Okay.
14 I don't know when exactly.
15 SR. SP2CIAL AGENT TEATOR: When thatE 16 occurred --
17 That meant something to her.
18 SR. SPECIAL'AGENT TEATOR: Right. I was 19 going to say, when that occurred, do you recall her 20 being more at ease with her job security?
21 I think so. I think so.
22 That's my memory, but, you know, I can't recall
-23 exactly what she said and the feelings that she felt, 24 like she was secure or not.
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1 we take like a five-minute break? It's 12:51.
2 Okay.
3 (Whereupon) the foregoing matter went off 4 the record at 12:51 p.m. and went back on 5 the record at 12:58 p.m.)
6 SR. SPECIAL AGENT TEATOR: We're back on 7 at 12:58. And I want to talk a little bit more just 8 before I move to a slightly different area about Kim's 9 effectiveness, her job performance.
10 Were you part of any conversation where 11 individuals discussed that they felt it was time for 12 Kim Harvin to move on?
13 Do you have a time frame or 14 --
15 SR. SPECIAL AGENT TEATOR: No.
16 Yeah. We had some 17 discussions after the INPO evaluation in 2002, which 18 would be -- is in my memory, Jeff, later on in 2002.
19 The -- and I can't remember how. There was an 20 assignment that was provided to us as a leadership 21 team. And by definition of "leadership team," I would 22 say vice presidents and directors at the time.
23 SR. SPECIAL AGENT TEATOR: Okay.
24 And I can't remember what the 25 exact circumstances were of the assignment, but I NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1 remember "What are your recommendations?"; make 2 recommendations to go on -- you know, "What's holding 3 you back organizationally or how would you set things 4 up?" And so we made recommendations, and we had a 5 meeting on that.
6 SR. SPECIAL AGENT TEATOR: All right.
7 I don' t think Kim was at that 8 meeting. I know I made a recommendation and --
9 SR. SPECIAL AGENT TEATOR: Was one of them 10 that her services were no longer required?
11 . Well, I questioned her 12 effectiveness as one element, I did, not through 13 discussion with other people, but I put that as a 14 bullet on a work document that was probably two or 15 three pages long and said, "We need -- we ought to 16 think about how this person's position in the 17 organization and this person's position in the 18 organization in the organization," boom boom boom boom 19 boom, from a leadership standpoint and -- from my 20 memory -- and "What exactly is Kim Harvin's role and 21 effectiveness?"
22 I mean, she wasn't singled out. I mean, 23 I named her by name as a recommendation, but she 24 wasn't singled out. There was others as well in that 25 time frame and said, you know, "What role does" -- you NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.
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1 know, I think the other person who I was talking 2 about, if my memory serves me right, is 3 who's a -*W another but /does
/ :T /- /
4 this leadership-type work.
5 SR. SPECIAL AGENT TEATOR: Leadership 6 academy?
8 SR. SPECIAL/AGENT TEATOR: Okay.
S9 In the training center. And 10 that's where, of course,4 s assigned.
11 (End of Tape 1, Side A.)
12 (Beginning of Tape 1, Side B.)
13 (Tape begins in 14 mid-sentence.) -- statement that I wrote.
15 SR. SPECIAL AGENT TEATOR: Okay.
16 \)Okay. On that particular 17 day. And it wasn't intended to. It was intended to 18 be a -- the reason I wrote it down was I was not able 19 to attend the meeting. And I asked 20 I remember this very well because I remember the 21 consequence it caused.
22 I was off that day for some other reason.
23 I believe it was some personal reason. And I was at 24 home. And, anyway, I gave it to who 25 was a peer of mine at the time. And I said, NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1 this is my input for the meeting." vv..-..
2 three pages long. "You need to bring it in."
3 SR. SPECIAL AGENT TEATOR: Right.
4 And it had general thoughts 5 about -- Kim wasn't in much of the document at all, 6 but while we're here on this --
7 SR. SPECIAL AGENT TEATOR.: Yes.
8 -- one, it's germane -- and 9 some thoughts on how we could reorganize the managers 10 and directors to get more operationally focused.
11 Well, I mean, that caused quite a 12 reaction. And I was the only one, as it turned out, 13 who was prepared for the meeting, although I was 14 absent. And that letter got distributed in a meeting.
15 And somehow it got into -- I believe it got into Kim's 16 hands as well. I don't think that she took the whole 17 thing very well.
18 What the intent was is that we were 19 supposed to, as I said, make recommendations. It was 20 purely a brainstorming meeting.
21 SR. SPECIAL AGENT TEATOR: Right.
22 .And that's what happened. My 23 memory of the event was that there was other -- I 24 mean, I probably upset my other people here, U*
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1 felt like they had been stepped on a little bit as 2 well.
3 But you asked me a question.
4 SR. SPECIAL AGENT TEATOR: Right.
5 And that's the event that I 6 recall in that time frame.
7 SR. SPECIAL AGENT TEATOR: Was the 8 reaction to you questioning Kim's role or was the 9 reaction at the meeting to your document as a whole or 10 was it just visibly to you questioning your role?
11 . My reaction -- or excuse me
_ 2\
12 -- my memory of the reaction was that 13were more reacting to their specific 14 role. Kim wasn't taking it quite as personally.
15 SR. SPECIAL AGENT TEATOR: Right.
16 And there was some patchwork 17 that I had to do with the three of them that I recall, 18 actually, on the phone that morning because they 19 actually called me at home. I was just trying to 20 brainstorm.
21 SR. SPECIAL AGENT TEATOR: Do you think 22 you still have that document?
23 1 do.
24 SR. SPECIAL AGENT TEATOR: Could you 25 provide it to Jeff?
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1 -. -- Yes.
2 SR. SPECIAL AGENT TEATOR: Is there a date 3 on it?
\No.
5 SR. SPECIAL AGENT TEATOR: You are 6 testifying here today you prepared that in preparation 7 for this late 2002 meeting to discuss the INPO 3 score 8 and how the company could move forward to improve 9 that?
10 f we could go off the record 11 for a few minutes and I can talk to Jeff, I would be 12 willing to say that. There's a reason I want to do 13 that. I have it with me.
14 SR. SPECIAL AGENT TEATOR: Okay. Yes.
15 It's 1:05. We'll take a short break.
16 (Whereupon, the foregoing matter went off 17 the record at 1:05 p.m. and went back on 18 the record at 1:16 p.m.)
19 SR. SPECIAL AGENT TEATOR: Okay. It's 20 1:16. We're back on the record. We were talking a 21 little bit about this document that you prepared for 22 a meeting which you did not attend. But just so we're 23 -- the record is clear on what that document is and 24 what caused you to generate it, maybe you could tell 25 me, was that document generated by you based, in part, NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1 on the INPO grade, the INPO 3 grade, that the plant
.2 got?
3... That's my memory, yes.
4 SR. SPECIAL AGENT TEATOR: And after
- 5. receiving that grade, did senior leadership here at 6 the site task the vice presidents with doing follow-up 7 to see what could be done to improve what was felt by 8 INPO to be lacking?
9 0MR Yes.
10 SR. SPECIAL AGENT TEATOR: Maybe you could i1 talk a little bit about that and how that caused you 12 to generate this document, which in it you question 13 what Kim's value or effectiveness is to the bottom 14 line.
15N 16 SR. SPECIAL AGENT TEATOR: If you can go 17 into that a little bit? And keep it general. And if 18 I've got some specifics, I will come back at you on 19 that.
20 m Okay. My memory of the event 21 starting in August of 2002 with the INPO grade was 22 that in September of 2002, myself and my peers at the 24 received letters, one of which I am holding 25 in my hand, for performance improvement plan requests.
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1 And this kicked off a .-- to us individually. And this 2 kicked off a series of events and management 3 initiatives.
4 SR. SPECIAL AGENT TEATOR: What was the
.5 date of that?
6 \The date was September 20th, 7 2002. The response to those letters from the same 8 individuals,' bt"* L ' ". ' ' i "t ....
9 was October 18th, 2002. I have a signed copy of that, 10 as well. And that from my memory of events moves on 11 to a broader spectrum of management issues that need 12 to be done.
13 One of the subjects of that from my memory 14 was in the Fall of 2002, -- I'm not certain of the 15 date -- we were. assigned to come up with 16 recommendations on organizational changes that would 17 be effective to improve performance. And "we" being 18 the directors and vice presidents.
19 SR. SPECIAL AGENT TEATOR: Can you read in 20 your write-up there in preparation for that meeting 21 what you wrote about Kim Harvin, please?
22 Yes, I can. I was unable to 23 attend the meeting. And this document is one and a 24 half pages long. And I provided this document in 25 writing to who distributed the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1 document at the meeting for discussion. I was not in 2 attendance at the meeting.
3 The statement says that pertains to Kim, 4 "What are of the Nuclear Training 5 Center staff and Kim Harvin doing for us that adds 6 value to the bottom line?"
7 SR. SPECIAL AGENT TEATOR: Why did you feel you needed to put that in the write-up in 9 preparation for that meeting?
10 7 -oth of these individuals are 11 involved in -- or were involved in leadership activity 12 and for the level of the effort that was needed for 13 leadership and what they were doing for us at the time 14 was -- basically my view was the value we were getting 15 from their efforts in return was what we were looking 16 for for improvement.
17 And from my memory, what I meant by it 18 was, are these two individuals going to turn the tide 19 for us for leadership? Do we need more? Do we need 20 less? And I was raising that question.
21 SR. SPECIAL AGENT TEATOR: In INPO's 22 evaluation, did they talk to areas that Kim Harvin was 23 responsible for improving? Do you remember?
24 Yes. I can say that without 25 even referring to any documentation.
/ *1~
~
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1 SR. SPECIAL AGENT TEATOR: How did INPO 2 rate the site on those areas which Kim was responsible 3 for?
4 There were finding in 5 organizational effectiveness and organizational 6 assessment. To say the degree to which Kim was 7 involved in those and directly responsible for those, 8 I cannot and would not pass judgment on that.
9 SR. SPECIAL AGENT TEATOR: You used the 10 word "findings." What does that mean? Is that ii positive or is it --
12 That would be a negative.
13 That is an area for improvement would be the correct 14 terminology.
15 SR. SPECIAL AGENT TEATOR: Okay. Jeff, 16 that document, the write-up that prepared in 17 preparation for that meeting, that would be provided 18 to the commission as part of what we are looking at?
19 MR. KEENAN: Yes. And the company would 20 be glad to provide that. We will seek to put that 21 under 2-390 protection.
22 SR. SPECIAL AGENT TEATOR: Okay. Thanks, 23 \for going through that.
24 Uhhuh.
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1 little bit about the elimination of Kim Harvin. When 2 did you first hear discussion of the possibility that 3 a position would be eliminated? Do you recall?
4 I don't have the exact date, 1) 5 Jeff. It was -- I can say it was late in February.
6 We discussed earlier in this meeting, in this 7 interview that Kim was working with me on this 100-day 8 initiative, I guess how I referenced it before at the 9 beginning of this. And I referenced it as being 10 labor-intensive and having to elicit her help.
11 She had a -- as I recall, she had a 12 regularly scheduled meeting with me to work on that in 13 my office.
14 SR. SPECIAL AGENT TEATOR: Right.
15 I do not know what day it 16 was. And I recall her breaking the news to me at that 17 time. That was the first I had heard of it.
18 SR. SPECIAL AGENT TEATOR: Okay. After 19 hearing from her about her position being eliminated, 20 did you learn why that decision had been made, the 21 basis for that decision to eliminate her position?
22 Did you learn from the decision-makers," on 23 why he made that decision?
24 No, I don't think I ever 25 knew, nor did I ask.
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1 SR. SPECIAL AGENT TEATOR: At any point, 2 did Kim Harvin tell you why she believed her position 3 was eliminated?
4 I don't remember talking to 5 her about that, Jeff. I remember trying to -- my 6 memory is I remember trying to get her help as far as 7 future employment goes, whether it was internal or 8 external.
9 SR. SPECIAL AGENT TEATOR: Right.
10 And if it was -- I was pretty 11 friendly with her. And to say that my -- I would 12 characterize it as my emphasis towards her was to get 13 her looking forward and not dwelling on the past. And 14 so that's what I was trying to do. Anything, any 15 items that she was bitter about, I tried to steer her 16 another way at that time.
17 SR. SPECIAL AGENT TEATOR: All right.
18 Were you surprised to learn that her position had been 19 removed? Did that surprise you?
20 A little bit, yeah. I would 21 say yes.
22 SR. SPECIAL AGENT TEATOR: Why do you say 23 that? Why?
24 There was no other surplus 25 activities going on at the time. It was not a ,\
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1 programmatic issue on the site that we were going 2 through a reallocation of resources on the site or, 3 you know, head count reduction or however you want to 4 say the term.
5 SR. SPECIAL AGENT TEATOR: Right. But 6roup had moved some people.
7 "That was focused for that 8 group. And I don't -- and she wasn't working for him.
9 SR. SPECIAL AGENT TEATOR: Right. That's 10 right. So based on that, that's why you were 11 surprised?
12
- Yes.
13 SR. SPECIAL AGENT TEATOR: Did you -- or 14 let me ask it this way, are you aware of any 15 information which leads you to believe that her 16 position was eliminated because she raised concerns to 17 senior management? I'm being pretty general about 18 concerns, but are you aware of any information which 19 would lead you to believe that her position was 20 eliminated because she raised concerns to senior 21 management?
22 No. She did come to me. I 23 can't recall if I had been on the record with you on 24 this or not, but she did come to me on the week that 25 she was leaving. I don't have the exact date.
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1 SR. SPECIAL AGENT TEATOR: Her last date 2 was March 28th. That would have been a Friday.
3 I want to say it was either 4 a Wednesday or Thursday night. I want to say it was 5 a Thursday night. But it was right before she was 6 leaving.
7 SR. SPECIAL AGENT TEATOR: Right.
8 5k And she explained to me that 9 -- she didn't explain to me. She asked me some 10 questions. And this has been --
11 SR. SPECIAL AGENT TEATOR: About the 12 interview?
13 :) Correct. And I did read that 14 this morning to refresh my memory.
15 SR. SPECIAL AGENT TEATOR: Okay. Good.
16 wfw That discussion took place on 17 the positive side for Kim that night.
18 SR. SPECIAL AGENT TEATOR: Right..
19 And she came to seek my 20 advice on something. And she was leaving either the 21 next day or two days from then. And she said that I 22 was busy with a meeting, which I was on this 100-day 23 initiative thing, --
24 SR. SPECIAL AGENT TEATOR: Right.
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1 as a consultant at that point. But she said to me --
2 she asked me a question. And it was -- we were the 3 only two in the room. And she said, "What do I --
4 what does one do" -- this is the way I remember her 5 asking the question. "What does one do if one has a 6 nuclear safety concern?"
7 SR. SPECIAL AGENT TEATOR: Right.
.8 Okay? And I asked her, "You 9 know what the answer to that is. Why are you asking?"
10 And then she says, "Well, it's a personal 11 issue."
12 And I said, "Okay." And this is the way 13 I remember the conversation going. And I said, "Well, 14 the first thing you do is you go to your supervisor."
15 And she says to me, "What if your 16 supervisor is the * "
17 "Well, you go to his supervisor."
18 And I said, "Well" -- and she goes, "Well, 19 he's the 20 And I said, "Look, okay. I got the 21 picture. You are the person who has the concern.
22 Okay? You are the concerned individual. And you are 23 looking for some advice. I have one set of advice to 24 you." And it was pretty matter of fact. I said, you 25 know, "You have the employee concerns avenue, and you (
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1 should exercise that."
2 SR. SPECIAL AGENT TEATOR: Right.
3 And I provided her that 4 advice because it was all boilerplate, Jeff. And she 5 said, "Well, how do NRC allegations go from your 6 view?"
7 And I walked her through that, and I 8 walked her through, you know, how it's viewed from a 9 credibility standpoint from the individual and the 10 level of detail that is in the allegation. And I 11 said, "If you start talking about any issue, the 12 conversation is over. I mean, I am counting on you to 13 go do the right thing."
14 SR. SPECIAL AGENT TEATOR: What do you 15 mean by that?
16 I was a member of line 17 management at the time. I probably would have a 18 different perspective with the safety-conscious work 19 environment understanding I have now.
20 SR. SPECIAL AGENT TEATOR: Right.
21 -\But I did not on that night 22 solicit what the issue was from her.
23 SR. SPECIAL AGENT TEATOR: Okay.
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1 avenues through the NRC. So that was my memory of 2 that.
3 SR. SPECIAL AGENT TEATOR: While we're
.4 talking about it, you said you did read your Winston 5 Strawn transcript.
6 6N Right.
7 SR. SPECIAL AGENT TEATOR: Can you pull 8 that out, please?
9 Sr.What page is it?
10 SR. SPECIAL AGENT TEATOR: Why don't you 11 read from page 53? Beginning on line 11, there is a 12 question. Then you answer it, and it continues over 13 onto, the answer continues over onto, page 54, up to 14 line 7. I'm going to ask you about that.
15 While you are reading that, we will go off 16 the record. It's 1:30.
17 (Whereupon, the foregoing matter went off 18 the record at 1:30 p.m. and went back on 19 the record at 1:32 p.m.)
20 SR. SPECIAL AGENT TEATOR: Okay. We are 21 back on. It's 1:32 in the afternoon. Have you had a 22 chance to read that portion of the transcriptIC 23 m 24 1 Yes, I have.
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1 beginning at line 5, you say these words, "And we 2 suffered down here from her input. And it clashed 3 with our technical background. Do you know what I 4 mean?" Can you tell me what you meant by that, that 5 "we suffered down here from her input" and "it clashed 6 with our technical background"?
7
(. w a ) Kim -- yes, I can. Kim 8 looked at things from *a leadership and an 9 organizational development standpoint and never looked 10 at issues to solve them from a systematic or 11 analytical standpoint. It was always jump in with all 12 your emotion and energy and how people felt about each 13 other and whatever the subject matter was at the time.
14 That was a difficult thing. That was a 15 difficult subject for much of the site to understand 16 why that wouldn't work. And some people saw the value 17 on that. Others didn't.
18 SR. SPECIAL AGENT TEATOR: Right.
19 )nd Kim was very aggressive 20 about that and felt very strongly about the importance 21 of it. And for those who never did see the value in 22 it, it always felt like they were being chased by her 23 or she was chasing them, if you will, or really, it 24 was low, low value, something of low value for them to 25 occur.
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1 And I think that is where my terminology, 2 the word "suffering" --
3 SR. SPECIAL AGENT TEATOR: That's a word, 4 right.
5 Yeah. That's what I meant by 6 the word "suffering."
7 SR. SPECIAL AGENT TEATOR: Next area I 8 want to go over on the transcript -- and I'll give you 9 a chance to read this -- I guess there's a page 57 and 10 58, up to line 19. If you could look at that? And 11 we'll go off the record while you --
12 Starting where?
13 (Whereupon, the foregoing matter went off 14 the record and went back on the record at 15 1:37 p.m.)
16 SR. SPECIAL AGENT TEATOR: It's 1:37 in 17 the afternoon. have you had a chance to review 18 that portion of the transcript?
- Yes, I have.
19 20 SR. SPECIAL AGENT TEATOR: Okay. I had a 21 question for you about it. On page 58, line 8 reads, 22 "She had a couple of thoughts on initiatives, going on 23 both here and some" -- it says "coals," but it's a 24 typo. It's probably goals. No. Coals.
25 Coals.
/'
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1 SR. SPECIAL AGENT TEATOR: Coals in the 2 fire. Okay. There you go. Sorry. "And some coals 3 in the fire in Newark relative to job opportunities.
4 And something happened with her and-5 quickly, which March 28 became her last day."
6 I guess that's the phrase I want to talk 7 to you about, "And something happened with her andggi
- 8. "uickly."' Do you know what happened with her 9 and hich caused March 28th to become her 10 last day?
11 ) No, I don't. No, I don't.
12 I can comment on the job opportunities, but I don't 13 know what transpired between her and him.
14 SR. SPECIAL AGENT TEATOR: What made you 15 say there, though, that "Something happened with her 16 and n.LuicklVy7 17
- I do know that, that she met 18 withj 19 SR. SPECIAL AGENT TEATOR: Okay.
20 And I do know that the result 21 of that meeting was that her date was moved up.
22 SR. SPECIAL AGENT TEATOR: How do you know 23 that?
24 She told me.
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1 what she told you about that?
2 -No, Jeff. I didn't -- my 3 memory of that--- if you will recall from the previous 4 interviews, that was the time when all of the -- there 5 was a lot going on. Operational stuff was going on.
6 SR. SPECIAL AGENT TEATOR: Did she tell 7 you about that, her meeting witi 3while she 8 was still employed or after she had left the company?
9 She told me while she was 10 still being employed because I remember her saying to 11 me in this time frame that her date had been moved up.
12 And at that time, it looked like any job opportunity 13 that was available -- if there was a job opportunity 14 available, it was in Newark. And she was trying to 15 work that angle.
16 She was also trying to work working with 17 -- seeing if there was something she could do when( *,)
18 came in as the new i And then that door closed for 19 her. So I remember that and her telling me that. And 20 that would have been before she left the company.
21 SR. SPECIAL AGENT TEATOR: After Kim got 22 her 45-day notice, did she tell you she believed she 23 would be working up to her last day, which was 24 supposed to have been April 16th? Did she tell you 25 she was going to work up to her last day? Was that NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1 your impression that she thought she was going to work 2 up to her last --
3 My memory is yes.
4 SR. SPECIAL AGENT TEATOR: To which?
5 That she was going to work up 6 to her last day. And I say that -- I can't remember 7 an exact conversation with her, but I can remember 8 what her strategy was. And what she was basically 9 doing, Jeff, was she was out looking for another job 10 internally.
11 SR. SPECIAL AGENT TEATOR: Right.
12 They were into her 13 opportunities down here. She was also looking at 14 opportunities in Newark, as I stated. And she had a 15 third strategy that was to stay on. An 4
- start 16 date was on or around April 1st. There was a one or 17 two-week time overlap between her last day andiI 18 first day.
19 SR. SPECIAL AGENT TEATOR: Right.
20 There was an intersection.
21 And that was an element, of her strategy to stay on, to 22 get a chance to delay nd maintain employment.
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1 I really don't know.
2 SR. SPECIAL AGENT TEATOR: Did you ever 3 attempt to find out why that decision was made?
4 Other than hearing things --
5 Jeff, here was my approach to it.
6 SR. SPECIAL AGENT TEATOR: Right.
7 . The -- it didn't smell right.
8 SR. SPECIAL AGENT TEATOR: Okay.
9 . Here's a single female -- not 10 a single -- a female manager, who is a single surplus 11 individual. Okay? And that had -- in my mind, that 12 had warning flags associated with it. And, you know 13 --
14 SR. SPECIAL AGENT TEATOR: From a 50.7 15 perspective..or --
16 )No. From an employment 17 perspective. It had nothing to do with 50.7.
18 SR. SPECIAL AGENT TEATOR: What didn't 19 smell right, though, to you?
20 .. My understanding was that her 21 job was surp !s.
22 SR. SPECIAL AGENT TEATOR: Okay.
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1 -- and that was going on -- was five or six months 2 prior, in August with a relatively small group in 3 business support, 10 to 12 people. Their jobs were 4 being reanalyzed.
5 SR. SPECIAL AGENT TEATOR: Right.
6 This was one person who 7 happened to be a female manager who was surplused. I 8 felt that was odd from an employment standpoint, not 9 from a 50.7, from an employment standpoint. And so I 10 wasn't going to ask questions about that.
11 You know, later on in August of 2003, the 12 site undergoes all 1,800 people -- well, all 13 management personnel undergo a - - you know, 14 retargeting their jobs, --
15 SR. SPECIAL AGENT TEATOR: Right.
16 -- which was not unusual from 17 an employment strategy.,
18 SR. SPECIAL AGENT TEATOR: Was the 19 decision to eliminate her position unusual because you 20 viewed her as being the only one? Is that what you' re 21 saying?
22 ? Yeah, yeah, that it had 23 nothing to do with her as a person. There was one 24 individual's job who was surplused. And it was not as 25 a programmatic look, either in a small group or NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1 elsewhere or in a large across the board.
2 SR. SPECIAL AGENT TEATOR: So the two 3 issues, the one is her decision to eliminate her 4 position. She's informed of that February 26th.
5 Sometime after that, she tells you during a regularly 6 scheduled meeting you're having with her?
7 And it came up, right.
8 SR. SPECIAL AGENT TEATOR: Right. And 9 then another decision was made to have her last day 10 moved up, right? Are you aware of any information 11 that either of those two decisions were made because 12 Kim Harvin raised concerns to management here at the 13 site?
14 I'm not aware of it.
15 SR. SPECIAL AGENT TEATOR: All right. I 16 guess you touched on it twice here now. On page 59, 17 beginning on line 2, I'll just read it. Line 2 reads, 18 "I said I am not interested in knowing that. You need 19 to let this thing follow its course. And it's not 20 appropriate for me to be involved. And that's really 21 all I have to add on that score." Is that a 22 discussion that you're relating to the Winston Strawn 23 attorneys about a discussion you had with Kim?
24 Yes. I was reading while you 25 were saying it. I'm sorry. Yes.
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1 SR. SPECIAL AGENT TEATOR: To me, I read 2 that, it sounds like you were short and cold with Kim 3 on that.
4 +:Okay. That was not the case.
5 I could elaborate on that if you'd like.
6 SR. SPECIAL AGENT TEATOR: Please. Yes 7 because to me, it just sounds real short with her.
8 *Okay. That was not the case.
9 The meeting on Thursd y night lasted, I want to say, 10 45 minutes, the conversation with her and I, just to ii put a time perspective on it.
12 SR. SPECIAL AGENT TEATOR: Right.
13 And it was really me 13) 14 listening to her without going into the specifics of 15 what her exact safety concerns were. And, Jeff, I 16 would maintain to this day that that's not my --
17 that's something that needed to be turned over to 18 people who are trained in that professionally at that 19 point.
20 SR. SPECIAL AGENT TEATOR: What she was 21 claiming?
22 Right, right. I mean, 23 anything that I could have done would have been to 24 help her to describe it to the employee concerns 25 manager or anyone else.
/
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1 She was -- her demeanor at that time --
2 and she was trying to -- I would say she was trying to 3 -- she didn't feel like she was being heard.
4 SR. SPECIAL AGENT TEATOR: Hurt?
5 " .Heard, h-e-a-r-d.
6 SR. SPECIA. AGENT TEATOR: Okay.
7 She didn't feel like she was 8 being heard, if I could summarize the tone of her 9 position at the time that evening.
10 SR. SPECIAL AGENT TEATOR: Right.
11 AN] " And, as I said, it lasted 12 about 45 minutes. T dn't think I would have helped 13 that. I know I wouldn't because -- to this day 14 because I along with a few others probably listened to 15 her more than anyone else.
16 She isn't who we wanted to be heard from 17 at the state -- at the point that she had gotten to at 18 that point. She wanted corporate leadership to hear 19 what she had to say.
- 20 SR. SPECIAL AGENT TEATOR: Right.
21 And that was pretty clear to 22 me on that Thursday night or whatever it was.
23 SR. SPECIAL AGENT TEATOR: That would be 24 on or about March 27th because her last day is March 25 28th?
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1 '" If that's when the dates fell 2 out. The daybefore she left.
3 SR. SPECIAL AGENT TEATOR: During that 4 discussion, is she telling you she believes (-
5 eliminated her position because she raised safety 6 concerns with him? Is that where she's telling you 7 that? That's the way the Winston Strawn transcript 8 reads.
9 I don't recall her saying 10 words to that effect.
11 SR. SPECIAL AGENT TEATOR: Right.
12 What I do recall her going 13 through is that -- it ýtas something of an indirect 14 conversation, but "How do I handle this situation if 15 I have these safety concerns and if the safety 16 concerns" that she has "go up to the corporate level?"
17 SR. SPECIAL AGENT TEATOR: Right.
18 That's what she was saying to 19 me.
20 SR. SPECIAL AGENT TEATOR: Right.
21 ) Okay? Now, in that regard, 22 this is putting a tone on it for you, me saying, 23 "Well, what exactly are the concerns in trying to 24 resolve that for her individually?" That would be in 25 my opinion incredibly naive. But at that point, you NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1 know, all I could do was say --
2 SR. SPECIAL AGENT TEATOR: "This is the 3 process"?
4 "Here's the process that is 5 involved. And you've got to believe in that." And I 6 remember walking her through, "If you don't -- if your
.7 concern is at a corporate level and you don't have 8 confidence in the independence of the internal 9 process, of the internal investigation process, 10 there's other avenues. And that's why it's set up 11 this way."
12 SR. SPECIAL AGENT TEATOR: Right.
13 \- I mean, I wasn't trying to--
14 it may sound in the tone of this interview or whatever 15 you want to call it that it's short, but --
16 SR. SPECIAL AGENT TEATOR: Well, that 17 particular part just jumped out at me as --
18 .\M I gave her the boilerplate 19 answer.
20 SR. SPECIAL AGENT TEATOR: Right.
21 And that was --
22 SR. SPECIAL AGENT TEATOR: It seemed like 23 you had a relationship with her.
24 We did.
25 SR. SPECIAL AGENT TEATOR: Right.
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1 / I/ '~Or I did. And 2 SR. SPECIAL AGENT TEATOR: You're a good 3 talker.
4 5 SR. SPECIAL AGENT TEATOR: You don't give 6 "Yeses" or "Nos" types, which is good. That just 7 struck me that --
8 . That was the tone of the 9 conversation. I remember it very clearly because I --
10 well, you know, look where we are today. I saw it a 11 something fairly significant.
12 SR. SPECIAL AGENT TEATOR: It's 1:50. I'm 13 going to take a short break, and then we're going to 14 finish up.
15 (Whereupon, the foregoing matter went off 16 the record at 1:50 p.m. and went back on 17 the record at 1:57 p.m.)
18 SR. SPECIAL AGENT TEATOR: It's 1:57. I 19 have got a couple of questions to ask you, 20 Comment if you can. The question is, do you know if 21 there was a desire to have Kim out of here before the 22 new leadership came on board in early April 2003? Can 23 you comment on that at all?
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1 based on the timing of the event, but I know of no 2 issues where that was true or not. But I have the 3 same question in my mind.
4 SR. SPECIAL AGENT TEATOR: Jeff, is there 5 something you want to go over with your client?
6 MR. KEENAN: No, nothing further. We 7 would just appreciate the chance to review the 8 transcript when it's available.
9 SR. SPECIAL AGENT TEATOR: Yes.
10 anything you want to add?
11 Nothing further.
12 SR. SPECIAL AGENT TEATOR: It's 1:57.
13 This interview is concluded. Thank you.
14 (Whereupon, at 1:57 p.m., the foregoing 15 matter was adjourned.)
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