ML062790491
| ML062790491 | |
| Person / Time | |
|---|---|
| Site: | Kewaunee  |
| Issue date: | 09/17/2002 |
| From: | NRC/OI |
| To: | |
| References | |
| 3-2002-020, FOIA/PA-2006-0113 | |
| Download: ML062790491 (39) | |
Text
1 1 UNITED STATES OF. AMERICA 2 NUCLEAR REGULATORY COMMISSION 3
4 OFFICE OF INVESTIGATIONS 5 INTERVIEW
x
.7 IN THE MATTER OF:
8 INTERVIEW OF 9 RANDALL CLEVELAND 10 ----------------------- x Tuesday, September 17, 2002 12 13 Nuclear Management Company
-14 700 First Street 15 Hudson, Wisconsin 16 17 18 The above-entitled interview was conducted at 19 1:05 p.m.
20 BEFORE:
21 Mary Kay Fahey, Investigator 22 23 Information in this record was deleted 24 in accordance with the FreedoiMof InformatlorA - ~EXHIBIT-'/-
Act, exemptions 2-*- -
25 FOIA- . .O_ PAGE(S PAGE _
o0,-020 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLANrl A\/;= ýN W
2 1 APPEARANCES:
2 3 On Behalf of Nuclear Management Company:
4 JONATHAN ROGOFF 5 General Counsel 6 700 First Street 7 Hudson, Wisconsin 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
3 1 P-R-O-C-E-E-D-I-N-G-S 2 INVESTIGATOR FAHEY: For the record this is 3 the interview of Randall D. Cleveland, spelled 4 C-l-e-v-e-l-a-n-d who is the access manager.
5 MR. CLEVELAND: Correct.
6 INVESTIGATOR FAHEY: For the Nuclear 7 Management Company, L.L.C. hereafter referred to as 8 NMC.* Today's date is September 17, 2002. The time is 9 approximately 1:05 p.m. This interview is being 10 conducted at NMC offices located at 700 First Street, 11 Hudson, Wisconsin.
12 My name is Mary Kay Fahey. I'm a special 13 agent with the U.S. Nuclear Regulatory Commission 14 Office of Investigations in Region III.
15 Also present is Mr. Rogoff, R-o-g-o-f-f, who 16 is legal counsel for Mr. Cleveland. This interview is 17 being transcribed by a court reporter, Marlene 18 Halloway. The subject matter of this interview a 19 fitness for duty concern at-Kewaunee Nuclear Power 20 Plant during a refuel outage in 2001. And this 21 incident was brought to the NRC's attention by the 22 licensee, NMC.
23 RANDALL CLEVELAND, 24 after having been first duly sworn, was 25 examined and testified as follows:
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS vv"* ounna 101 AmIn %IC hi1%A/
4 1 INVESTIGATOR FAHEY: Okay. Mr. Cleveland, 2 it's your request that Mr. Rogoff be present here 3 today?
4 MR. CLEVELAND: Yes.
- 5. INVESTIGATOR FAHEY: Did you select him 6 personally or was he made available to you?
7 MR. CLEVELAND: Made available.
8 INVESTIGATOR FAHEY: Okay.- Mr. Rogoff, 9 could you please introduce yourself for the record and 10 state who you work for?
11 MR. ROGOFF: I'm Jonathan Rogoff, general 12 counsel for Nuclear Management Company which employs 13 me here at 700 First Street, Hudson, Wisconsin.
14 INVESTIGATOR FAHEY: And besides' 15 representing Mr. Cleveland personally do you represent 16 the corporation?
17 MR. ROGOFF: Yes, I do.
18 INVESTIGATOR FAHEY: Do you anticipate any 19 conflict of interest?
20 MR. ROGOFF: No, I do not.
21 INVESTIGATOR FAHEY: Have you represented 22 any.other NMC employees in this matter?
23 MR. ROGOFF: No, I have not.
24 INVESTIGATOR FAHEY: Background information.
25 MR,. CLEVELAND: Okay.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
-- -1 1^M11C AKI!M AMC KIW
5 1 INVESTIGATOR FAHEY: Full name?
2 MR. CLEVELAND: Randall D. Cleveland.
3 C-l-e-v-e-l-a-n-d.
4 INVESTIGATOR FAHEY: Date of birth?
5 MR. CLEVELAND:
6 INVESTIGATOR FAHEY: Social security number?
7 MR. CLEVELAND:'
8 INVESTIGATOR FAHEY: Home address?
9 MR. CLEVELAND:--IN 10 ip cod I 11 INVESTIGATOR FAHEY: And work telephone 12 number?
13 MR. CLEVELAND: Work telephone, 14 715-377-3402.
.15 INVESTIGATOR FAHEY: Okay. And employment 16 history. How long have you been the access manager 17 for NMC?
18 MR. CLEVELAND: In the access management 19 frame since February of 200d.
20 INVESTIGATOR FAHEY: And prior to that?
21 MR. CLEVELAND: Prior to that I was the 22 access fitness for duty supervisor called the 23 actually the formal title was personnel security lead 24 with Xcel Energy from 1993 up until coming here in 25 February of 2000. .
- NEAL R. GROSS .
COURT REPORTERS AND TRANSCRIBERS
6 1 INVESTIGATOR FAHEY: Okay. How many years 2 in the nuclear industry all together?
3 MR. CLEVELAND: In the nuclear industry I 4 have been working since 1989 so 13, about 13 years.
5 INVESTIGATOR FAHEY:- Who do you report to?
6 MR. CLEVELAND: I report to Mark Findlay, 7 F-i-n-d-l-a-y. He is the director of security of the.
8 Nuclear Management Company.
9 INVESTIGATOR FAHEY:- Okay. When did you 10 first become aware of fitness for duty concerns at 11 Kewaunee?
12 MR. CLEVELAND: December 19, 2001.
13 INVESTIGATOR FAHEY: Why do you recall that 14 date?
15 MR. CLEVELAND: It's the date that I was 16 notified by the program manager of the employees' 17 concerns regarding fitness for duty concerns coming 18 out of an investigation that was ongoing.
19 INVESTIGATOR FAHEY: Okay. That manager 20 was?
21 MR. CLEVELAND: Aldo Capristo.
22 INVESTIGATOR FAHEY: What did he tell you?
23 MR. CLEVELAND: He just voiced the concern 24 regarding some workers, fitness for duty concern-with
- 25. another worker, coworker, expressing concern with the NEAL R. GROSS
7 1 fitness for duty of a coworker.
2 INVESTIGATOR FAHEY: Okay. And was that an 3 action item for you? Were you to take some action on?
4 MR. CLEVELAND:. It was a -- it was an 5 advisory that there was a potential fitness for duty 6 concern involving an investigation that was ongoing.
7 INVESTIGATOR FAHEY: Do you know what the 8 results of the investigation were?
9 MR. CLEVELAND: Yeah. The results of the 10 investigation concluded that there were four 11 individuals that had indicated they smelled alcohol on 12 a coworker and had failed to go forward to supervision 13 with that observation.
14 INVESTIGATOR FAHEY: Do you recall the names 15 of those four?
.16 MR. CLEVELAND: Yes. It waN 17 There was also 18 concern regarding the handling of concerns regarding 19 the same worker and the smell of alcohol by a.site 20 supervisor name 21 INVESTIGATOR FAHEY: And that concern came
.22 out of the same investigation?
23 MR. CLEVELAND: Correct..
24 INVESTIGATOR FAHEY: Were these employees
.25 all contract employees? -
- NEAL R. GROSS
8 1 MR. CLEVELAND: They were, yeah. Contract 2 through -- I'd have to review the records and get you 3 the name of the contractor they were working for at 4 the time.
INVESTIGATOR FAHEY: And just for the record 6 I have a copy of the licensee's investigative report.
7 So if you don't recall something you just be honest.
8 Let's go off the record for a minute.
9 (Off the record.)
10 INVESTIGATOR FAHEY: Okay.- We're back on the record.
12 Who did the internal investigation for NMC?
13 MR. CLEVELAND: It was -- well, by internal 14 investigation are you referring to the investigation 15 conducted by Hal Walker?
16 INVESTIGATOR FAHEY:. Yes.
17 MR. CLEVELAND: Yes.
18 INVESTIGATOR FAHEY: Is he an NYC employee?
19 MR. CLEVELAND: No.
20 INVESTIGATOR FAHEY: Contractor?
21 MR. CLEVELAND: "Contracted to NMC.
22 INVESTIGATOR FAHEY: Did you have 23 involvement in the investigation?
24 MR. CLEVELAND: My involvement dealt with 25 providing responses to. the.;. some of the inquiries NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.
9 1 regarding adequacy of the fitness for duty training.
2 I was asked to take a look at the fitness for duty 3 training over there to determine whether it accurately 4 described our expectations regarding alcohol issues, 5 concerns.
6 INVESTIGATOR FAHEY: What did you determine?
7 MR. CLEVELAND: I determined that it did 8 accurately establish what the expectations were with 9 respect to reporting the smell of alcohol. I took a 10 look at the training records for each of those 11 individuals to see if they had gone through the 12 training, if they successfully passed the training.
13 Those records indicated, yes, they had. I also 14 monitored the information being developed during the 15 investigation, reviewed that i\nformation to determine 16 the impact on individual liability, some of the things 17 I am responsible for with respect to managing the 18 fitness for duty program and the access authorization 19 program.
20 INVESTIGATOR FAHEY: Did you participate in 21 any of the interviews of these people yourself?
22 MR. CLEVELAND: The only interviews that I 23 participated in came later and after the report'by Hal 24 Walker wis drafted involVin 25 anM NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
10 1 INVESTIGATOR FAHEY: We'll go back to that.
2 We'll try to address this chronologically.
3 MR. CLEVELAND: Sure.
4 INVESTIGATOR FAHEY: And what is the time 5 frame here in which.-:-- you said you were notified 6 December 19.
7 MR. CLEVELAND: Yeah. The interviews were 8 being done and as we identified information concerning 9 the four individuals that I initially referenced here, 10 they indicated a failure to meet fitness for duty 11 requirements. We placed what we call a hold on them 12 in the personnel access data system. Short pads is 13 what we call that system. That's an electronic data 14 base that is uded, utilized by the industry for the 15 purposes of transferring access from site to site.
16 And what we did is we went out to that system and 17 flagged each of these individuals with what they call 18 a yes response in a field within that system.
19 Additional information subsequent determination. And 20 what that would do is alert any utility including any 21 of our own sites that there were issues or concerns 22 that needed to be addressed regarding these 23 individuals.
24 We then ultimately ended up dispositioning 25 four of the individuals as. denied access-for failure NEALtR. GROSS COURT REPORTERS AND TRANSCRIBERS
11 1 to report the smell of alcohol to supervision.
2 INVESTIGATOR FAHEY: Okay.. Which four?
3 MR. CLEVELAND: That would b4 4
5 INVESTIGATOR FAHEY: Okay. All for failure 6 to report specifically for this incident?
7 MR. CLEVELAND: Correct.
8 INVESTIGATOR FAHEY: What aboand 9
10 'MR. CLEVELAND'. hewas 1i1 interviewed by one of my direct reports over at 12 Kewaunee. Point Beach, Darlene Peters to determine.
13 whether he had failed to act on the smell of alcohol.
14 They concluded-that he did not.- That he did-not 15 observe, have sufficient observation upon which to 16 initiate for-cause testing. He was counseled, just 17 reminded of the program expectation and his access was 18 reinstated.
19 INVESTIGATOR FAHEY: How long would you say?
20 MR. CLEVELAND: I'd have to review the 21 record to get specific on that. I can do that and 22 provide that before you leave today.
23 INVESTIGATOR FAHEY: And you actually have a 24 printout.
25 MR. CLEVELAND: Yes, we do have a printout NEAL R. GROSS' COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. .
12 1 of Mr. ý*pads report which would reflect that.
2 INVESTIGATOR FAHEY: Okay. And what about 3
4 MR. CLEVELAND:
5 INVESTIGATOR FAHEY: And I didn't say this, 6 for the record I forgot a second concern with 7 Mr. He just filed a discrimination complaint 8 alleging that because he raised the fit for duty 9 concern he had his access denied.
10 MR. CLEVELAND: We placed a hold on him on January 14, 2002 pads system based on information we 12 developed.
13 INVESTIGATOR FAHEY: And the reason?
.14 MR. CLEVELAND: The reason for that is that 15 we were concerned he may have observed or had 16 observations concerning the coworker's fitness for 17 duty that had not been properly reported. So we 18 placed that hold and ultimately denied his access 19 based on inconsistent information provided to both, 20 primarily to NMC investigators and comparing that 21 information to the Walker Report.
22 INVESTIGATOR FAHEY: Okay.
23 MR. CLEVELAND: I do have copies of all of 24 the denial letters that I can provide which gives the 25 basis, the exact basis for. each of the denials.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
13 1 INVESTIGATOR FAHEY: Okay. Were there other 2 investigators, NMC investigators besides Hal Walker?
3 INVESTIGATOR FAHEY: Yeah. The other 4 investigators we referenced in th 5 denial, letter would have been Darlene Peters and 6 myself.
7 INVESTIGATOR FAHEY: All right. And then 8 there were three other names that are mentioned.
9 who was actually the employee who was in 10 "question about his fitness for duty.
11 MR. CLEVELAND: Yes.
12 INVESTIGýTOR FAHEY-13 and What was the disposition of their 14 access?
15 MR. CLEVELAND: On 12-19 was, 16 placed a hold on him in pads. His access has remained 17 suspended since that date. And is currently 18 suspended.
19 INVESTIGATOR FAHEY: Okay. And4 20 MR. CLEVELAND: access, his 21 access was never been denied or suspended. He is 22 currently badged.
23 INVESTIGATOR FAHEY: And) 24 MR; CLEVELAND: Again access 25 never denied or suspended and he is currently badged.
-NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
14 1 INVESTIGATOR FAHEY: Okay.j
- was 2 reinstated?
3 MR. CLEVELAND: Correct.
4 INVESTIGATOR FAHEY: Or is he still?
5 MR. CLEVELAND: No. He was reinstated. I 6 am going to have to look at the records to get you an 7 answer on what the dates of his suspension exactly 8 were-. I can get that before you leave today.
9 INVESTIGATOR FAHEY: So is it safe for me to 10 draw a conclusion that none of the employees that 11 we've mentioned here today were -- had their access 12 denied for any other disciplinary action other than 13 related to this fitness for duty concern?
14 MR. CLEVELAND: Correct. .The basis for the 15 initial four denials was failure to report the smell 116 of alcohol in accordance with the fitness for duty 17 program. Again the foundation for that was review of 18 our program to make sure that expectations are 19 properly defined, communicated. And then information 20 from the Walker Report wherein they indicated Making 21 that observation, smell of alcohol and then not 22 reporting it to supervision.
23 That failure to comply with the fitness for 24 duty program we deemed significant and warranted 25 denial of access.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS MQQ U^Ma 101 AMlM AO I= %A t
15 1 INVESTIGATOR FAHEY: Okay.
2 MR. CLEVELAND: And that is stated in each 3 of their denial letters.
4 INVESTIGATOR FAHEY: Were you able to 5 ascertain a date on which 'Mwassuspected of 6 not being fit for duty?
7 MR. CLEVELAND: No.
8 INVESTIGATOR FAHEY: Okay. But this 9 December 19 when you first learned of it was would you 10 guess several months after the fact?
11.* MR. CLEVELAND: Yes.
12 INVESTIGATOR FAHEY: Okay. And the outage 13 had actually been almost complete?
14 MR. CLEVELAND: Yeah. We were -- had 15 completed the SGR, steam generated replacement.
16 INVESTIGATOR FAHEY: So I was going to ask 17 you whether you knew i had actually ever 18 been tested?
19 MR. CLEVELAND: Yes. He had been tested on 20 a random basis a number of times throughout his years.
21 Badged at the site. So again he would come and go as 22 the work was there for him. But across a number of 23 years he had been selected for random tests, testing 24 and we never had any issues with those tests. He had 25 passed all the tests.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.
16 1 INVESTIGATOR FAHEY: Do you know if he was 2 tested in 2001 at Kewaunee?
3 MR. CLEVELAND: I'd have to review the 4 record again.
.5 MR. ROGOFF: Do you want that information, 6 Mary Kay?
7 INVESTIGATOR FAHEY: Yes.
8 MR. ROGOFF: We can get you that.
9 INVESTIGATOR FAHEY: And the dates of 10 suspension fo.'
11* MR. ROGOFF: Do you want to pause here and I 12 can get them working on that?
13 INVESTIGATOR FAHEY: No. It's not that 14 important.
15 INVESTIGATOR FAHEY: During the conversation 16 I think you said you were involved in the interview 17
- 18 MR. CLEVELAND: Yes.
19 INVESTIGATOR FAHEY: Did either of those two 20 men indicate or provide you with conflicting 21 information than what the NMC investigator had 22 provided in.his report?
23 MR. CLEVELAND: 3d yes.
24 INVESTIGATOR FAHEY: Okay. -What was the 25 difference, do you recall?.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 11l3)e'3 9IUnrM' 101I AKIM M\IC KI1 W
-/
17 1 MR. CLEVELAND: Yeah. It involved, in the 2 Walker Report he had indicated that he had been 3 escorted into the protected area up to the collection 4 site to -- b Ik,' &or a random test. This is 6 5- INVESTIGATOR FAHEY:*benhi 7 supervisor?
8 MR. CLEVELAND: Yeah. The individual that 9 notified him of the test.
10 INVESTIGATOR FAHEY: Okay.
11 MR. CLEVELAND: And he had escorted him up 12 to the collection site where the technician was there 13 to conduct the random test on>b And h 14 had made a reference to the technician, you' should-be 15 testing the messenger. And reported to Hal that the 16 technician had made the comment back t hat, 17 yeah, he was a little ripe.
18 We, in trying to corroborate that had traced 19 back through the time that had been 20 random tested and were able to identify the technician 21 that conducted that testing. Those technicians were 22 interviewed regarding their knowledge of any such 23 conversation. Were unable to recall it.
24 Other technicians were interviewed as well 25 which would have been doing collections-at the time NEALR. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.
18 1 and again were unable to recall any such conversation.
2 That information was developed by Hal Walker on 3 January 11 of 2002 and detailed in the report.
4 INVESTIGATOR FAHEY: This was a report of an 5 interview wit' 6 MR. CLEVELAND: Yes.
7 INVESTIGATOR FAHEY: Okay. access 8 was denied after that date?
9 MR. CLEVELAND: Yes.
10 INVESTIGATOR FAHEY: Okay. And when were 11 you involved i ::s interview?
12 MR. CLEVELAND: We interviewed -- I 13 interviewe along with Darlene Peters on June 14 12, 2002. There was some intervening information 15 here. On March 27A was interviewed by Darlene 16 Peters at Point Beach and indicated -- well, he denied
.17 at that time being escorted to the collection site by 18 a worker. Stated that he had been escorted onto the 19 security building from the site fabrication shop which 20 is located outside of the protective area. And that 21 he asked the worker escorting him, not the collector, 22 why they weren't testing the messenger, i.e., had
.23swhy he wasn't being tested.
24 INVESTIGATOR FAHEY: Which is a little bit 25 different than what he told --
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS.
P4nr)P 1Q1 A*n A\/F N.W.
19 1 MR. CLEVELAND: Right. Which is different.
2 On June 12 the interview with myself and Darlene 3 Peters he again denied being escorted by a worker at 4 the collection site. Stated that he asked the collector why they weren't testing the messenger. So 6 again0 the recollection had changed and three different 7 versions here.
8 Getting back to your original question as to 9 what the basis of the denial was for 10 again he indicated to Hal Walker on January 11, 2002 detailed in the Walker Report that Mr was 12 loaded every morning. In an interview with Point 13 Beach personnel Darlene Peters, stated that he didn't 14 know anything about Mr. Qbeing druink which 15 conflicted with the January Ii.
16 Based on that information, conflicting.
17 information he was providing NMC investigators, his 18 access was denied. He was sent a letter detailing 19 exactly what had occurred here, afforded the 20 opportunity to request a review of that decision.
21 Did not exercise that right. He had 30 days to *do 22 that and we did not receive a request for review.
23 INVESTIGATOR FAHEY: Did each of the 24 employees that we have talked about here today have 25 that same right of appeal?.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
20 1 MR. CLEVELAND: Yes.
2 INVESTIGATOR FAHEY: Did anybody take 3 advantage of it as far as you know?
4 MR. CLEVELAND: Yes. The other four 5 individuals submittted requests for reviews. Those 6 reviews were conducted in accordance with our program 7 and the denial decision in each case upheld.
8 INVESTIGATOR FAHEY: What is the suspension 9 period, do you know?
10 MR. CLEVELAND: The suspension, normal 11 suspension period is one year. In the case of the.
12 initial four individuals that we denied we -- they 13 were informed by letter of their denial. They 14 requested the review. The reviews again were upheld.
15 We bent a letter regarding that. And in that letter 16 we informed them that. they would be eligible for 17 reconsideration on or after 9-1 of 2002.
18 INVESTIGATOR FAHEY: Have any of the four 19 had'their access reinstated?
20 MR. CLEVELAND: No.
21 INVESTIGATOR FAHEY: Have they requested to 22 have it reinstated?
23 MR. CLEVELAND: We have had one inquiry from 24 *5which is currently under review.
25 INVESTIGATOR FAHEY: Okay. Have any of the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS owni I1 ANK) A*\1*
1Q K W
21 1 employees taken any other action, legal action against 2 the company?
3 MR. CLEVELAND: Not that I'm aware of.
4 INVESTIGATORFAHEY: Between December and 5 June when all this internal investigation was going 6 on, how far up the chain of command had this issue 7 gone? Would you say you're the highest or had it gone 8 above that?
9 MR. CLEVELAND: No. The original four 10 denials went all the way up to the site VP.
11 INVESTIGATOR FAHEY: Okay. But at the time 12 of the outage when this incident occurred, you.can't 13 give me an exact date, but nobody within NMC 14 management was.actually aware of the issue at that 15 time?
16 MR. CLEVELAND: No.
17 INVESTIGATOR FAHEY: :As far as you know?
18 MR. CLEVELAND: Not from what our 19 investigation developed, no.
20 INVESTIGATOR FAHEY: Was -- do you know if 21 there were any interviews with any of the NMC managers 22 who would have had oversight of the contractors?
23 MR. CLEVELAND: At the time?
24 INVESTIGATOR FAHEY: Yes.
25 MR. CLEVELAND: And I think is NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS A
22 1 the name that has been mentioned.
2 MR. CLEVELAND: Again, are you talking about 3 at the time the estimated time that all this was 4 occurring or as part of our investigation?
5 INVESTIGATOR FAHEY: Actually I'll ask you 6 both questions.
7 MR. CLEVELAND: Okay. I'm not aware of 8 anything at the time that the incident occurred. I'd 9 have to go back I guess to really answer that and 10 review the Walker Report. I know the individual you 11 mentioned, was interviewed as part of the 12 investigation.
13 INVESTIGATOR FAHEY: So any knowledge you 14 have would basically be-what's in the report?
15 MR. CLEVELAND: Correct. And we did, again 16 like I said, we did some interviews subsequent to the 17 receipt of.the.Walker Report.
18 INVESTIGATOR FAHEY: Wa one of 19 those people?
.20 MR. CLEVELAND: We did interview --. again. my 21 direct report Darlene Peters did interview 22 I'd have to check on the timing of that. That was 23 either just concurrent with the Walker investigation 24 or shortly thereafter.
25 INVESTIGATOR FAHEY: And was -there -- there NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.
23 1 was an original report then there was a supplemental 2 report.
3 MR. CLEVELAND: Uh-huh.
4 INVESTIGATOR FAHEY: Which came to us I 5 think both in the January 2002 time frame. And you 6 said there was a number of interviews then in March 7 and June?
8 MR. CLEVELAND: Yeah. I had my direct 9 report interview Mr. in the March time frame.
10 That was in response to inquiries regarding his access 11 status. We had concerns that we wanted to disposition 12 regarding his reporting of -- about concerns.
13 INVESTIGATOR FAHEY: And as far as 14 responding to the NRC in Region III, I know there's an 15 outstanding issue asking for information about the 16 welding issue. And I don't want to get into that.
17 But is there anything that's owed the NRC in response 18 to this issue, do-you know, to the staff?
19 MR. CLEVELAND: Boy! Not to my knowledge.
20 I'm not aware of anything.
21 INVESTIGATOR FAHEY: And of course some of 22 the outstanding concerns were referred to the Office 23 of Investigations.
24 MR. CLEVELAND: Yes.
25 INVESTIGATOR FAHEY: Sometimes-the technical NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.
24 1 concerns then staff handles them. All right. Let's 2 talk generally-about training. I'm probably going to 3 ask you the same questions perhaps Mr. Walker asked.
4 Does every contract employee receive general employee 5 training when they arrive on the site?
6 MR. CLEVELAND: Yes.
7 INVESTIGATOR FAHEY: We are talking about 8 NMC sites in case I'm not specific. And was that 9 training provided by NMC or by the Contractor?
11 INVESTIGATOR FAHEY: My records, 'I have the 12 contractor is Dave Zimmerman.
13 MR. CLEVELAND: Correct.
.14 INVESTIGATOR FAHEY: All right. And each 15 employee is required to take a .test?
16 MR. CLEVELAND: Correct.
17 INVESTIGATOR FAHEY: And the training 18 material?
19 MR. CLEVELAND: Yes.
20 INVESTIGATOR FAHEY: And are fitness for 21 duty issues provided in the training material?
22 MR. CLEVELAND: Yes.
23 INVESTIGATOR FAHEY: And who provides that 24 specific block of training, do you know?
25 MR. CLEVELAND: It would be NMC trainers.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS Iiq*2 Pi-w~n; vii won nx/ wJwA
25 1 INVESTIGATOR FAHEY: Not necessarily 2 somebody-from your office?
3 MR. CLEVELAND: Correct. That would be the 4 training organization that does that. My staff does 5 not provide the training on fitness for duty.
6 INVESTIGATOR FAHEY: Do you provide the 7 portion of the manual that's used for the training?
8 - MR. CLEVELAND: We -- my staff has with the 9 rewrite of the program provided all of the content.
10 At the time I would have to go back and ascertain that 11 as to what degree my staff had input into what the.
12 fitness for duty training was.
13 INVESTIGATOR FAHEY: Okay. In 2001 had the i4 fitness for duty policy been established for many 15 years or had --
16 MR. CLEVELAND: Yes. It had been long 17 established.
18 INVESTIGATOR FAHEY: And each employee is 19 required to pass this test for general employee 20 training?
21 MR. CLEVELAND: Correct.
22 INVESTIGATOR FAHEY: In order to get access 23 to the site?
24 MR. CLEVELAND: Correct.
25 INVESTIGATOR FAHEY: And I think we already NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 119. Pnrflfl I5RIAK~r A%/IF N W
II 26 1 stated earlier on the record each of the people that 2 we mentioned here today has passed that?
3 MR. CLEVELAND: Yes.
4 INVESTIGATOR FAHEY: And you verified those 5 records?
6 MR. CLEVELAND: I did verify those records.
7 INVESTIGATOR FAHEY: And the copies of their 8 records are in that original report that we received?
9 MR. CLEVELAND: Yep.
10 INVESTIGATOR FAHEY: I'm putting you on the 11 spot here. Do you recall in 2001 what the training 12 was- if any employee suspects another as being unfit 13 for duty?
14 MR. CLEVELAND: Report that to their 15 supervisor or security.
16 INVESTIGATOR FAHEY: Supervisor or security?
17 MR. CLEVELAND: Uh-huh.
18 INVESTIGATOR.FAHEY: Okay. If you're a 19 contractor does that mean --
20 MR. CLEVELAND: Same.
21 INVESTIGATOR FAHEY: Contractor supervisor 22 or NNC supervisor?
23 MR. CLEVELAND: A supervisor.
24 INVESTIGATOR FAHEY: Could be either?
25 MR. CLEVELAND: Yeah.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
27 1 INVESTIGATOR FAHEY: And has the policy 2 changed now?
3 MR. CLEVELAND: The policy has remained the 4 same. To report the observation to your supervisor or 5 security.
6 INVESTIGATOR FAHEY: Okay. And in this 7 case, can I assume that you didn't feel the policy was 8 followed?
9 MR. CLEVELAND: Correct. Yes.
10 INVESTIGATOR FAHEY: And this is a general li question. Does an employee have any authority to ask 12 another employee to go get fitness tested?
13 MR. CLEVELAND: No.
14 INVESTIGATOR FAHEY: Okay.
15 MR. CLEVELAND: It would have to be --
16 INVESTIGATOR FAHEY: -- raise it to a 17 supervisor?
18 MR. CLEVELAND: Correct..
19 INVESTIGATOR FAHEY: And the supervisor has 20 the authority?
21 MR. CLEVELAND: Yes.
22 INVESTIGATOR FAHEY: Okay. And you know 23 that has been fitness for duty tested in the 24 past but you don'.t know whether he was tested during
.25 this 2001 outage time frame,.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 40" DUnnr .*r-Ir -.. .. tn.
28 1 MR. CLEVELAND: No. I know we looked at --
2 in trying to ascertain the general fitness of 3 Mr. WI e had reviewed his past test history to 4 see if there were any issues there. Did not find' 5 any. I know there was tests in the recent past, that 6 being the last three years, the specific dates we'll 7 provide to-you.
8 INVESTIGATOR FAHEY: And were you able to 9 tell from those records whether an employee was 10 randomly tested or tested for cause?
11 MR. CLEVELAND: Yes.
12 INVESTIGATOR FAHEY: Would it be clear?
13 Okay. That would be something I'd be interested in.*
.14 Do you know if-anyone documented this fitness for duty 15 concern in any sort of condition report or problem 16 report?
.17 MR. CLEVELA.ND: *We did open up a condition 18 report regarding the failure to report the smell of 19 alcohol.
20 INVESTIGATOR FAHEY: When was that written?
21 MR. CLEVELAND: I'd have to get you the 22 exact date. It was, I want to say early January of 23 2000 or lite December. I'd have to pull the dates.
24 INVESTIGATOR FAHEY: 2002?
25 MR. CLEVELAND: Yeah. Late December 2001 or NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
I-- - I - -__
1 11early January 2002.
29 2 INVESTIGATOR FAHEY: Upon learning what had 3 previously happened?
4 MR. CLEVELAND: Yeah.
5 INVESTIGATOR FAHEY: As far as you know, 6 nothing done at the time by any employee, no 7 documentat'ion?
8 MR. CLEVELAND: Not by any employee.
9 INVESTIGATOR FAHEY: How about the fitness 10 for duty?
11 MR. CLEVELAND: No.
12 INVESTIGATOR FAHEY: At the time it 13 occurred. And back to the access denial. A number of 14 witnesses have indicated they'were precluded from 15 working in the nuclear industry at all --
16' MR. CLEVELAND: Okay.
17 INVESTIGATOR FAHEY: -- because of the entry 18 in pads apparently. Can you just tell me one more 19 time'what the pads reference, what the, yes, 20 indicates?
21 MR. CLEVELAND: I'm -- at this point --
22 INVESTIGATOR FAHEY: And is it located in 23 the same spot on each person's form?
24 MR. CLEVELAND: Yes. At this point.I am 25 pointing tsu report out of
- NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
30 1 pads. It's a multi-paged report. And what we call 2 the security one screen, plan access report there is a 3 column labeled additional info post-term. If there is 4 a date there it will indicate if there's additional S information held by that respective licensee which in 6 this case is WPS Kewaunee.
7 The expectation in the industry is that the 8 site-that the individual would go to would contact WPS 9 or Kewaunee and find out what the issue is. The issue 10 can be any number of things stemming from, yeah, the 11 utility was unable to get an employment check done.
12 They need more information from the worker all the way 13 up to the most significant of which would be the 14 individual's denied access.
15 The expectation for that utility that the
.16 individual would be traveling to would be to obtain a
.17 release from the worker and then fax that back to 28 Kewaunee and obtain details as to why that hold is out 19 there. And then it's up to that licensee to make its
- 20. own decision with respect to access based on their 21 review of that information.
22 INVESTIGATOR FAHEY: Okay. And then the 23 other areas where it's blank, if there's no date in 24 that post-term column that indicates that the person 25 worked there, was laid off.-successfully- upon NEAL R. -GROSS COURT REPORTERS AND TRANSCRIBERS
31 1 completion of the job and there were no problems?
2 MR. CLEVELAND: Right.
3 INVESTIGATOR FAHEY: So it's only the 4 addition of an entry that makes it a questionable 5 entry?,
6 MR. CLEVELAND: Correct.
7 INVESTIGATOR FAHEY: Okay. All right. I 8 think that's it. Let's go off the record for a 9 minute.
10 (Off the record.)
- 11. INVESTIGATOR FAHEY: Okay. We are back on 12 the record. It's approximately 2:03, 2:04 .p.m. A 13 couple of follow-up questions. While we were off the 14 record we had a little discussion. Mr. Cleveland, you 15 said thaMN-Q - I'm sorry, 16 has been in touch with you in the last couple of 17 weeks?
18 MR. CLEVELAND: Yes --
19 INVESTIGATOR FAHEY: By telephone. Can you 20 tell us again for the record about those 21 conversations?
.22 MR. CLEVELAND: Yes. Approximately three or 23 four weeks ago I was contacted by Mr 24 requesting the status of his reinstatement at any of 25 the NMC sites. I informed. Mr. hat I would be NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.
32 1 getting back to him within the next couple of weeks to 2 let him-know what that status is.
3 He called approximately two Sundays ago and 4 left a message, voice message on my work number 5 indicating his frustration with my failure to respond 6 to his request for an update on his status and he 7 became verbally abusive toward the end of the 8 conversation using obscenities and stating that if I 9 did not respond within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> to his initial request 10 he would contact Investigator Mary Fahey out of
- 11. Region III.
12 INVESTIGATOR FAHEY: And you said that you 13 recently reviewed his appeal?
14 MR. CLEVELAND: Yes. We did complete the 15 review of his case and he was informed at this time 16 he's not eligible for reconsideration. And we 17 received a follow-up request from Mr i stating 18 or asking for an explanation and that is currently 19 under review.
20 INVESTIGATOR FAHEY: Okay. You stated while 21 we were off the record what your reasoning is for 22 continuing the hold on his access.
23 MR. CLEVELAND: Yes. And the basis for that 24 is, the foundation for that is the original basis for 25 the denial. That he provided inconsistent information NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.
33 1 to NMC investigators.
2 INVESTIGATOR FAHEY: All right. And then 3 back to Mr- s discrimination complaint. Was 4 his access originally denied in retaliation for 5 raising a fitness for duty concern?
6 MR. CLEVELAND: No.
7 INVESTIGATOR FAHEY: Did you know at the 8 time-his access was denied that had raised a 9 fitness for duty concern?
10 MR. CLEVELAND: Yes.
11 INVESTIGATOR FAHEY: So you knew on or about 12 January 15 of 2002 that ad raised a 13 fitness for duty concern aboutgh 't 14 MR. CLEVELAND: That, I'd have to go back 15 and take a look at the record of the timing of that.
16 I knew at the time that we did the denial, we issued a 17 denial deny letter to Mr. hat he had come 18 forward with some concerns regarding fitness for duty 19 concerning Mr.. I'd have to go back and 20 research the dates for you.
21 INVESTIGATOR FAHEY: Okay. I'll need to 22 know that because that will be key to his 23 discrimination complaint.
24 MR. CLEVELAND: Okay. Also while we were off 25 the record you spoke about.-correspondence from an
-NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.: N.W.
34 1 attorney about one of the employees. Do you recall 2 who that -- which attorney had made that inquiry to 3 you?
4 MR. CLEVELAND: No. I would have to again 5 go back and review. It was one of the -- actually it 6 was -- I'm not certain as to which of the four. I 7 think it was two of them that we had received 8 inquiries regarding the status of the review request.
9 INVESTIGATOR FAHEY: From attorneys?
10 MR. CLEVELAND: Yes. And again I can get 1i you that today. -I'd just have to look at the files.
12 MR. ROGOFF: One of them the Cross Law Firm 13 out of Milwaukee was the name of the law firm. I 14 .can't remember' the lawyer's name.
15 INVESTIGATOR FAHEY: Okay. And do you.
16 recall either of the attorneys who made the inquiries 17 providing information contained in an affidavit from.
18 19 R. CLEVELAND: No.
20 INVESTIGATOR FAHEY: To you? Are you aware 221 of this alleged affidavit?
22 MR. CLEVELAND: Yes.
23 INVESTIGATOR FAHEY: And how do you know 24 about it?
25 MR. CLEVELAND: Was provided a-copy of it by-NEAL R. GROSS.
COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
35 1 on -- or during our interview on June 2 12, 2002. An unsigned copy of an affidavit.
3 INVESTIGATOR FAHEY: Did you have occasion 4 to question about that?
5 MR. CLEVELAND: Yes.
6 INVESTIGATOR FAHEY: And do you remember 7 when you interviewed him?
8 MR. CLEVELAND: Yes. That would have been 9 on June 13, 14.
10 INVESTIGATOR FAHEY: What did he tell you 11 about the affidavit?
12 MR. CLEVELAND: He indicated that he had 13 gone t apartment requesting an update 14 on the status of his access at the sites anddthere was 15 some conversation regarding the Walker investigation
- 16. status of the other folks.
17 We asked him specifically if he had heard 18 from *
- had made the 19 statement to him that Mr. a had come to 20 him-with the smell of alcohol. And Mr.. ý denied 21 having hmarmake that statement. So to that 22 end contradicted what was in the affidavit.
23 INVESTIGATOR FAHEY: Dil explain how 24 the affidavit came about to be prepared?
- 25 MR. CLEVELAND: No, he did not..
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
36 1 INVESTIGATOR FAHEY: Okay. And also while 2 we were off the record we talked abou t the status of 3 fitness for duty eval uation.
4 MR. CLEVELAND: Yes.
5 INVESTIGATOR FAHEY: You sa id it has now 6 been completed?
7 MR. CLEVELAND: Yes. An ev aluation has been 8 complete in accordance with the Point Beach fitness 9 for duty program. We concluded that ]his current state 10 is considered fit for duty.
11 INVESTIGATOR FAHEY: Okay. And that 12 evaluation was done, completed and apl?roved by the 13 Medical Review
.14 MR. CLEVELAND: Medical RevsLew officer.
15 Under the guidance of the Medical Revj Lew Officer.
16 INVESTIGATOR FAHEY: And is4 17 back on the NMC site right now?
18 MR. CLEVELAND: He is back c)n site right now 19 awaiting reinstatement and that it bejLng reviewed.
20 The decision to reinstate his access is under review.
21 INVESTIGATOR FAHEY: And arE you the 22 reviewing official?
23 MR. CLEVELAND: Yes.
24 INVESTIGATOR FAHEY: Okay. The ultimate 25 reviewing official?
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
37 1 MR. CLEVELAND: Yes.
2 INVESTIGATOR FAHEY: And one other question.
3 Were'there any other employees involved in this 4 incident that were interviewed by you or by NMC or by 5 their investigator that we haven't mentioned here 6 today?
7 MR. CLEVELAND: I'd have to review the 8 record to answer that.
9 INVESTIGATOR FAHEY: Okay. Would they not 10 necessarily be included in the NMC reports that I 11 have?
12 MR. CLEVELAND: Correct.
13 INVESTIGATOR FAHEY: Okay. There could be 14 some additional--
15 MR. CLEVELAND: There could be some 16 additional interviews.
17 INVESTIGATOR FAHEY: And certainly Darlene 18 Peters has been mentioned?
19 MR. CLEVELAND: Yes.
20 INVESTIGATOR FAHEY: What about 21 Mr. Capristo, did he do any interviews outside of 22 the report.?
23 MR. CLEVELAND: I don't believe so. I think 24 he did some interviews along with Mr. Walker. But to 25 my knowledge he did not do any independent of NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1191 RHOr;i IRI AND AVE.. N.W.
38 1 Mr. Walker or us.
2 INVESTIGATOR FAHEY: All right. I don't 3 think I have any other questions. The other 4 information that we're waiting for doesn't have to 5 necessarily be provided on the record.
6 Mr. Cleveland, have I threatened you in any 7 manner or offered you a reward in return for your 8 statement?
9 MR. CLEVELAND: No; 10 INVESTIGATOR FAHEY: Have you given your 11 statement freely-and voluntarily?
12 MR. CLEVELAND: Yes.
13 INVESTIGATOR FAHEY: Is there anything 14 further that you want to add for the record?
15 MR. CLEVELAND; No.
16 INVESTIGATOR FAHEY: Okay. We're concluded 17 at approximately 2:12 p.m.
18 19 20 21 22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.
CERTIFICATE This is to certify that the attached proceedings before the United States Nuclear Regulatory Commission in the matter of:
Name of Proceeding: Interview of Randall Cleveland Docket Number: N/A Location: Hudson, Wisconsin were held as herein appears, and that this is the original transcript thereof for the file of the United States Nuclear Regulatory Commission taken by. me and, thereafter reduced to typewriting by me or under the direction of the court reporting company, and that the transcript is a true and accurate record of the foregoing proceedings.
arlene allway 0 Official Reporter Neal R. Gross & Co., Inc.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON. D.C. 20005-37fn1 .......-'..-