ML062790494
| ML062790494 | |
| Person / Time | |
|---|---|
| Site: | Kewaunee  |
| Issue date: | 09/12/2002 |
| From: | NRC/OI |
| To: | |
| References | |
| 3-2002-004, 3-2002-020, FOIA/PA-2006-0113 | |
| Download: ML062790494 (37) | |
Text
1.
1 UNITED STATES OF AMERICA 2 NUCLEAR REGULATORY COMMISSION 3
4 OFFICE OF INVESTIGATIONS 5 INTERVIEW 6 - ------ x 7 IN THE MATTER OF:
8 INTERVIEW OF Docket No.
9 3-2002-004 10 (CLOSED) 3-2002-020 11 ----- x 12 Thursday, September 12, 2002 13 14 Radisson Hotel and Conference 15 Center 16 2040 Airport Road 17 Green Bay, Wisconsin 18 19 The above-entitled interview was conducted 20 at 4:25 p.m.
21 22 BEFORE:
23 Special Agent Mary Kay Fahey ation in this record was deleted EXHIBIT- 14 of InformatiOn inacl )rdance with the Freedom OFPAGE1 PAG E_JF.167_
temptions e--
CASE NO. 0 0 2 -0 2 0 NEAL R. GROSS COURT REPORTERS ANt) TRANRC.RI [APP.
2 1 P-R-OC-E-E-D-I-N-G-S 2 4:25 p.m.
3 SPECIAL AGENT FAHEY: For the record, this 4 is an interview with ,spelled mm w I 5 who was formerly employed by Day and 6 Zimmerman Nuclear Power Systems at the Kewaunee 7 Nuclear Power Plant in 2001.
8 Today's date is September 12, 2002, the 9 time is approximately 4:25 p.m. This interview is 10 being conducted in the conference room at the Radisson 11 Hotel and Conference Center in Green Bay, Wisconsin.
12 My name is Mary Kay Fahey, I'm a special 13 agent with the U.S. Nuclear Regulatory Commission's 14 Office of Investigations in Region III, and this 15 interview is being recorded on a Sony tape recorder.
16 The subject matter of this interview is a 17 fitness for duty concern involvin, at 18 the Kewaunee Nuclear Power Plant in 2001.
19 20 was called as a witness and, having been first duly 21 sworn, was examined and testified as follows:
22 EXAMINATION OF 23 BY SPECIAL AGENT FAHEY:
24 SPECIAL AGENT FAHEY: Okay, I have some 25 background information. Date of birth?
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
3 1
2 SPECIAL AGENT FAHEY: Social security?
3 4 SPECIAL AGENT FAHEY: Home address?
5 6
7 SPECIAL AGENT FAHEY: And your home phone 8 number?
9 Area cod 10 SPECIAL AGENT FAHEY: Work phone number.
11 12 SPECIAL AGENT FAHEY: And current 13 employer?
14 t emens Westinghouls 15 SPECIAL AGENT FAHEY: And position?
16 Supervisor.
17 SPECIAL AGENT FAHEY: And you're at Point 18 Beach?
19 SEAANFYesY ma'am.
Aw, 20 SPECIAL AGENT FAHEY: And how long have 21 you been there?
22 I got out there the 23 nineteenth of August.
24 SPECIAL AGENT FAHEY: And how long do you 25 expect to be employed there? <3 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
4 1 Till the end of outage.
2 They're talking right now that it's going to be -- it 3 was extended three days, so it'll twenty eight days,
.4 roughly.
5 SPECIAL AGENT FAHEY: Okay, and the 6 average has not actually started yet?
7 It does not start until 8 Friday at midnight. They're shutting down at 9 midnight.
10 SPECIAL AGENT FAHEY: Okay. Do you 11 supervise any of the same people you supervised at 12 Kewaunee?
13 People what? Persons-wise?
14 No. It's a different crew but it is pipe fitters and 15 boilermakers.
16 SPECIAL AGENT FAHEY: How about do any of i7 these same people work for you now?
18 .. N that's all. Nope, I'm 19 wrong. i/s on my crew, and he was on 20 nights out at Kewaunee.
21 SPECIAL AGENT FAHEY: Can you spell his 22 name?
23 :\His last name is spellecl 24 25 SPECIAL AGENT FAHEY: Okay.
NEAL R. GROSS
/I L, COURT REPORTERS AND TRANSCRIBERS
5 1 . And he is also at our Local 2 400.
3 SPECIAL AGENT FAHEY: Okay. Do you report 4 to anybody now at Point Beach that you worked for at 5 Kewaunee?
6 No, ma'am.
7 SPECIAL AGENT FAHEY: Okay. Okay. And 8 you worked at Kewaunee in 2001 for Day and Zimmerman?
9 rrect.
10 SPECIAL AGENT FAHEY: And your position at 11 that time was?
12 M 1 Nighttime superintendent.
13 SPECIAL AGENT FAHEY: Okay.
14 __rst I started-- I was 15 foreman on days, and then I was switched to nighttime 16 superintendent.
.17 SPECIAL AGENT .FAHEY: How long were you 18 foreman on days?
19 Approximately three to four 20 weeks.
21 SPECIAL AGENT FAHEY: And as foreman, who 22 did you report to?
23 24 SPECIAL AGENT FAHEY: And as nighttime 25 superintendent, who did you report to?
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHI1NT0N1 r r' ncn"
6
__- ~
...... r.)
-- (sic) You 1
2 know, I'm g'oing to say this on the record anyway.
3 Between them two there was a power struggle.f 4 always thought he was in charge, and *UIWanted to 5 have meetings with m was always bothered 6 about that. But both said 7 that I report to 8 SPECIAL AGENT FAHEY: And 9
10 He was our liaison for NMC.
11 SPECIAL AGENT FAHEY: So he was a licensee 12 employee?
13 'Right. Well, yes, at NMC 14 whoever - -
15 SPECIAL AGENT FAHEY: Okay. That' s 16 (inaudible).
- ) Okay.
17 18 SPECIAL AGENT FAHEY: What dates were you 19 employed in 2001 .at Kewaunee? Do you remember, 20 roughly?
21 I believe it was in the 22 middle of August that they brought me out there as a 23 foreman. And I was let go on December 4 th, 2001.
24 SPECIAL AGENT FAHEY: Let go, laid off?
25 MLM ....... :I was laid off. I had clean NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 132. RHnnCF Imi Amnl \ tA MA
7-1 lay off.
2 SPECIAL AGENT FAHEY: Okay. And that was 3 because the job was completed.
4 CA* No. There was allegations 5 of -- what they said they let us go for was over 6 abusing the Internet, I guess it was, was the way they 7 put it. And also, basically, like I told everybody 8 else, 'cause I was interviewed by Darlene, which was 9 your supervisor for security out at Point Beach, and -
10 11 SPECIAL AGENT FAHEY: Darlene Peters? --
12 MR Yes. And when I went in 13 for my first interview, it was with Bill Degnan, and 14 X don't remember the other guy's name. I believe it 15 was Tom something they brought down from Day and 16 Zimmerman.
17 And they accused us of porn on the 18 Internet, gambling on the Internet, and the first 19 thing that I asked them is show me. They couldn't 20 show me anything. They could show me that there was 21 hits on the computer that were on gambling sites. I 22 said, "Where were we gambling on the Internet?" And 23 they-said, "Well, there is none." I says, "Well what 24 are you accusing us of?" And they said, 25 "Well, there was porn on the Internet."
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RýHnrF MI1*hn A%/= " ' Il
8 1 And not sure if I'm going to get this 2 guy's name right. His name was Joel Chocool (sic)?
3 And I believe he is like the manager of doing the 4 computers both at Kewaunee and Point Beach. And he 5 gave me access on to the computers. He told me there 6 was to be no porn on'the Internet. He says, That'll 7 get your money faster than anything," and there was 8 other people that used my computer.
9 On Tuesday nights was my night off. And 10 I asked if there was any hits on that night, and they 11 said, "Sure. It was hit just like any other night."
12 I said, "Tuesday night's my night off. How do you 13 explain that?" "Well, who had access to your 14 computer?" Well, my night GF did because he has to be 15 able to/get into -- for the warehouse, and so on and 16 so forth. They said, "Well, why didn't W give 17 him, or you give him access?" I said, "I never had 18 the authority to give him access to any computer. I 15 actually got mine fror " So 20 SPECIAL AGENT FAHEY: Who was the 21 nighttime general foreman?
22r 23 SPECIAL AGENT FAHEY: You're referring to 24 -- besides yourself, were there others who were laid 25 off for the same reason in that group? Or --
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
9
.1 .: Well, it was just me and 2 * ;hat they said, all the computers was mine and 3 i* There was or anybody else's.
4 SPECIAL AGENT FAHEY: Okay.,
5 Yes, ma'am.
6 SPECIAL AGENT FAHEY: Okay. And I don't 7 really want to pursue this -- that issue on the 8 record. Okay. I appreciate you --
9 , Yeah. Okay.
10 SPECIAL AGENT FAHEY: -- giving me that 11 information. Okay.
12 So .you left Kewaunee December 4th, 2001.
13 You know, you previously stated there was some problem 14 about who to report it to.
15 No. It was not a problem 16 who I thought I had to report to. There was another 17 person who thought that it was a problem, that I 18 reported to him.
19 SPECIAL AGENT FAHEY: Okay. But as far as 20 you were concerned, your direct supervisor?
21 was project 22 superintendent.
23 SPECIAL AGENT FAHEY: Okay. And did he 24 work for Day and Zimmerman also?
25 Yes, he did.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
10 1 SPECIAL AGENT FAHEY: Okay. When did you 2 first become aware of the fitness for duty concern 3 involving, 4 I never seen there was a 5 fitness for duty problem with 6 SPECIAL AGENT FAHEY: So when did you 7 first become aware of it?
8 Now, I can tell you that 9 was sometime in August. .I can't give you the exact 10 date. ame into the office, and he's --
11 SPECIAL AGENT. FAHEY: You're going to have 12 to use last names.
13 Oh. came 14 into the office, and he said, randQ -- or 15 a or 16 SPECIAL AGENT FAHEY: And was he clear 17 that it wasullm uilw' 18 Yes."
19 SPECIAL AGENT FAHEY: Okay. And 20 would be?
21 22 SPECIAL AGENT FAHEY: Okay. Did he say 23 24 No. He said(.M.. and 25,- 2 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 4111 Pdnr1 1Q1 AWNMfl IC KI WA
ii 1 SPECIAL AGENT FAHEY: Okay.
2 3 SPECIAL AGENT FAHEY: But that wa*
4
- ,* Right.
5 6 SPECIAL AGENT FAHEY: Okay.
7 Actually, it wa*
8 but 9 SPECIAL AGENT FAHEY: I'm sorry. I've 10 interrupted you.
11 Okay. No. That's all 12 right. And he said that -- he said that the -- am I 13 supposed to say the exact same words as they said?
14 SPECIAL AGENT FAHEY: Yes, if you can.
15 He said, "They ain't going 16 to work for a fucking drunk like '
17 SPECIAL AGENT FAHEY: Okay.
18 And I remember as plain as 19 day 'cause IV'm not saying that Js a little angel, 20 but they brought it to the right person because if 21 they felt the foreman was under the influence, they're 22 supposed to come to the next one in charge, and that 23 was -- at that time was and he was the GF.
24 SPECIAL AGENT FAHEY: Now let me just stop 25 you real quick.
-~1 ~-
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS liz-1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHIN(rTOI(l f- -,nnc ----
.12 1 SPEIA A Okay.
2 SPECIAL AGENT FAHEY: Did you hear this 3 conversation?
4 Yes, I did. I was in the 5 office.
6 SPECIAL AGENT FAHEY: So you -- did you 7 hea:
8 No.
0 I heard* come 9 into the office and this is what he said.
10 SPECIAL AGENT FAHEY: Okay. Was he
- 11. talking to you?
12 He was talking, I'think, in 13 general, 'cause I was at my desk and was at his 14 desk.-
desk.
15 SPECIAL AGENT FAHEY: Okay.
16 was in the room.
17 Yes.
18 SPECIAL AGENT FAHEY: You were in the 19 room.
20 Yes.
21 SPECIAL AGENT FAHEY: And tame in 22 and just made the general statement.
23 24 SPECIAL AGENT FAHEY: Okay. Do you know 25 if WOW)was on the phone?
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVF N W
\ 13 13 1 , */ That's too long ago. I 2 have no idea on that. I could not really say if he 3 was or not.
4 SPECIAL AGENT FAHEY: Okay, and date 5 again, you think?
6 It was in August. I can't 7 -- I can't tell you exactly when.
8 SPECIAL AGENT FAHEY: Okay. Did' 9 give you any indication whether he had just had this 10 conversation with no pr did he give you 11 an indication, they told me last week or --
12 No.. He just came into the 13 office and he said this is what A andA said 14 about working for a fucking drunk.
15 SPECIAL AGENT FAHEY:. Okay. And why would 16 they be working for" 17 -Q-*was a foreman.
18 SPECIAL-AGENT FAHEY: Okay. And was he the 19 foreman for a short period of time?
20 Yeah. Actuall was 21 brought out for ISI, and they figured that' was 22 out there for that time, that he should take care of 23 the fitters until his duties came up for ISI.
24 SPECIAL AGENT FAHEY: Okay. So would it 25 be safe to say this conversation probably happened on NEAL R. GROSS (
COURT REPORTERS AND TRANSCRIBERS
14 1 the first day that .. as assigned as their 2 foreman?
3 I could not say that.
4 SPECIAL AGENT FAHEY: Okay. All right.
5 Did either of those people. raise 6 that concern directly to you?
7No 8 SPECIAL AGENT FAHEY: At any time?
9 No.
10 SPECIAL AGENT FAHEY: Okay. What was 1-- what was your response or 4 ...
12 response whe came in the room and told you 13 this?
-14 (Basically it was out of my 15 hands 'cause -I was really a nobody at that time. I 16 was going through the prints and I kind of said, 17 "Well, what are you going to do- about it?" And I 18 -remember ssaying, "You'd better go take care of 19 this." But I can't be for sure on that.
20 I'm almost sure. that he said it 'cause I 21 mean that, basically that was response to 22 everything as us as his superintendents. He actually 23 took care of the customer and we took care of going 24 and getting the problem solved for our foreman, our 25 general foreman on the jobsite.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE IRI ANn Am/: M %At
15 1 And I kno said it but I -- I can't 2 confirm, because -- like I mean, anything else that I 3 ever had on nights, "You'd better go take care of it."
4 And that's basically(rg )response to everything. I 5 mean that --
6 SPECIAL AGENT FAHEY: So you're not sure 7 if you recall it specifically in this instance, or if 8 that's just a general --
9 Right. That was his 10 general thing that he usually said to us as his 11 superintendents, is "You'd better go take care of it."
12 SPECIAL AGENT FAHEY: And he might have 13 said it --
14 Right.
15 SPECIAL AGENT FAHEY: .-- but you're not 16 sure. Okay. What was response?
17 6 . Nothing.
18 SPECIAL AGENT FAHEY: He never said, "I'm 19 going to have to do something about this," or --
20 ~PECIL .)No. No.
21 SPECIAL AGENT FAHEY: Okay. Do you 22 rememberg raising a concern?
23 24 SPECIAL AGENT FAHEY: About the same 25 thing?
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
16 1 only two ever mentioned o'The 2 was n 3 SPECIAL AGENT FAHEY: Do you remember if 4 this matter was elevated up the chain of command to 5 anybody more senior in (inaudible) Day and Zimmerman, 6 or within NMC?
7 I don't know what happened 8 a 'got there. That I couldn't tell 9 you 'cause they have employees concern, deals that 10 were brought up and I -- I have my different things 11 wthat had nothing to do with this fitness for 12 duty stuff. It was stuff that had to do with our 13 liaison and so on and so forth, but I had never heard 14 anything that was brought up to about
- 15. it.
16 SPECIAL AGENT FAHEY: Who is 17 again?
18 He came up -- he would 19 actually be something that would answer.to,. kind 20 of like whati-i right now, for Day and 21 Zimmerman out there.
22 SPECIAL AGENT FAHEY: Okay. Kind of like 23 the project manager?
24 I'm not sure if that was 25 exactly -- I think it was called dual site manager I NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
17 1 think is what they called him.
2 SPECIAL AGENT FAHEY: Okay. When did he 3 come out? How long after this incident?
4 Oh. This is --
5 SPECIAL AGENT FAHEY: A month later?
6 Yeah. This is awhile 7 after, his is after a much bigger incident that 8 happened out there.
9 SPECIAL AGENT FAHEY: (Inaudible) 10 something to do with the welding (inaudible)?
11 No.
12 PECIAL AGENT FAHEY: Okay. All right.
13 Anybody order to be fitness for duty tested 14 as far as you know?
15 No.
16 SPECIAL AGENT FAHEY: Okay. And as far as 17 you know, showed up to work every day?.
18 . Every day. Never missed a 19 day, was never late. Matter of fact, he's usually a 20 half hour early every-day.
21 SPECIAL AGENT FAHEY: Okay. And did you 22 have any concern about his fitness for duty?
23 Never.
24 SPECIAL AGENT FAHEY: And did you interact 2.5 with him every day?
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
/,)n,), ý- -
18 i Not after the outage 2 started. I mean, the only time I'd see him is maybe 3 a little bit in the morning, when he came in for his 4 little brief in the morning. And actually, was 5 more directed from the plant, from NMC, more-wise 6 (sic) than through Day and Zimmerman. I mean, are 7 (inaudible) is kind of its own little separate world.
8 I mean, he answered t and they kind of had 9 their own little system of what they did.
10 SPECIAL AGENT FAHEY: Okay. ISI in-11 service inspections?
12 Yeah, buffing the pipe and 13 checking for thicknesses and so on and so forth, 14 flourides and chlorides and all that kind of -- stuff 15 that's way above my head.
16 SPECIAL AGENT FAHEY: Okay. Now, let's 17 talk about this chronologically. Okay.. Nothing else 18 was ever said about it as far as you know?
19 No.
20 SPECIAL AGENT FAHEY: The issue was never 21 raised again?
22 Not that I know of, no.
23 SPECIAL AGENT FAHEY: never raised 24 it, said what are you guys going to do about this?
25' No.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
19 1 SPECIAL AGENT FAHEY: Okay. And then you 2 get laid off?
3 YuP 4 SPECIAL AGENT FAHEY: And when does it 5 surface next, as far as your concern, your 6 involvement?
7 I got a call from the NRC -
8 - and I may have this last name wrong. I know his 9 first name is -- or his last name is Walker, but I 10 think its Wayne Walker?
11 SPECIAL AGENT FAHEY: It wasn't from the 12 NRC? NMC?
13 No, no. No, .no.
14 SPECIAL AGENT FAHEY: Did he identify 15 himself as NRC?
16 .* Yes, yes, ma'am, he did.
17 SPECIAL AGENT FAHEY: Okay.
18 2 And his name was--his 19 last name was Walker for sure.
20 SPECIAL AGENT FAHEY: Okay. And what did 21 he tell you?
22 He -- well, he started out, 23 he wanted to find out about the welding issue. And 24 then he asked me the fitness for duty thing, and he 25 asked me if I thought that was under the NEAL R. GROSS cOURT REPORTERS AND TRANSCRIBERS . Lw.-.
20 1 influence when he came to work, and I said absolutely 2 not. And he asked me what I had to judge that on.
3 Was basically, I see in the morning when he 4 came in for his brief in the trailer, and then off he 5 went to (inaudible) site to you know. And 6 I guess part of the questions that I have for 7 everybody else is he's first hand with(
8 How come 0 never turned him in if he thought he was 9 underneath the influence for fitness for duty?
10 SPECIAL AGENT FAHEY: Okay. It was just 11 one telephone conversation with this guy?
12 That one call, and that was 13 all I ever heard about it again until you happened to 14 call.
15 SPECIAL AGENT FAHEY: Okay. Now how about
.16 any discussion at the plant in the meantime? I mean, 17 once. this Mr. Walker started calling? I assume he may 18 have called more than you.
19 I had been out of the 20 plant. I just got back on August. 19th, I'd been 21 working for Tweet-Garot Mechanical ever since. I'd 22 been off site.
'23 SPECIAL AGENT FAHEY: So you've been out 24 of the plant since -- ?
25 December 4th 2001.
NEALR. GROSS COURT REPORTERS AND TRANSCRIBERS
21 1 SPECIAL AGENT FAHEY: Okay. Who did --
2 I'm sorry -- did you work for?
3 Sbut or--
4 SPECIAL AGENT.FAHEY :-
5 Tweet-Garot Mechanical.
6 SPECIAL AGENT FAHEY: Tweet?
7 Yeah.
8 SPECIAL AGENT FAHEY: T-W-E-E-T?
9 10 SPECIAL AGENT FAHEY: Garot?
ii Garot.
12 -SPECIAL AGENT FAHEY: Two Rs, two Ts?
13 I'm better at writing it
/.
14 down than spelling it to-you.
15 SPECIAL AGENT FAHEY: G-A-R-R-E-.T-T? G-A-16 R-O-T?
17 18 SPECIAL AGENT FAHEY: Oh, okay. Okay.
19 How about phone calls back and forth between December 20 and now?
21 I only had one conversation 22 .with! and asked me if I got to talk to anybody 23 yet, and I said no. I .said the only time I talked to 24 anybody was Mr. Walker, and he said, yeah, he had 25 talked to me about it, -but he said, "I .couldn't really NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
22 1 give him any," -- or "answer any of his questions 2 'cause I didn't take care of any of the welding." He 3 said, "That was you." And I says, "Yeah. I know.
- 4. That's what I talked to him about." So -- and --
5 SPECIAL AGENT FAHEY: When was that 6 conversation? Recently?
7 wmmo, no, that's -- oh, with 8
l n 9 SPECIAL AGENT FAHEY: Yes.
10 Oh, that's been six months 11 ago. And the last time I see him was out at the 12 plant. He said hi and -- I don't know if he had his 13 instructions to stay away from me, or not talk to me 14 from or whatever. I'm not going to get 15 involved with MPS, so --
16 SPECIAL AGENT FAHEY: So you're all 17 working at Point Beach again?
18 ! Oh, yeah. Yeah. IIt's 19 really -- it's really a treat.
20 SPECIAL AGENT FAHEY: But you don't report 21 to each other?
22 ~ Nope.
23 SPECIAL AGENT FAHEY: Okay.
24 I work for a totally 25 different company.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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23 1 SPECIAL AGENT FAHEY: All right. Who 2 does work for?
3 -) Day and Zimmerman.
4 SPECIAL AGENT FAHEY: And who does(W 5 work for?
6 Day and Zimmerman.
7 SPECIAL AGENT FAHEY: And do they -- one 8 supervise the other? Does one supervise the other?
9 'I, Yp. is the.
10 supervisor over right now.
SPECIAL AGENT FAHEY: Oh, so the tables 12 are turned now. Okay. So no one's called you about 13 why you haven't had any conversations withý 14 about this?
15 Nope.
16 SPECIAL AGENT FAHEY: With 17 Nope.
18 'SPECIAL AGENT FAHEY:
19 Nope.
20 SPECIAL AGENT FAHEY: An attorney named
.21 22 Nope.
23 *SPECIAL AGENT FAHEY: Okay. No one's made 24 any attempt to contactt ou about this?
- * * ****No, ma' am.
25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
24 1 SPECIAL AGENT FAHEY: Okay. And then, 2 after you spoke with Mr. Walker, you had this 3 conversation with and then, out of the 4 blue, you hear from me.
5 Right.
6 SPECIAL AGENT FAHEY: Okay. What about 7 your access?
8 .4 My access has never been 9 denied.
10 SPECIAL AGENT FAHEY: Okay.
1i I had to go in for an 12 interview with Darlene Peters and I had my access back 13 right away.
14 SPECIAL AGENT FAHEY: Now, to back up a
- 15. little bit, you've said -- and if I misquote you, be 16 sure and correct me tha an 17 did exactly what they should have done. They went to 18 their immediate supervisor.
19 They went over their 20 foreman 'cause they thought their foreman was under 21 the influence, and that's who the next step would've 22 been, is going after that was the;GF at the time.
23 Ui~has the superintendent at that time.
24 SPECIAL AGENT FAHEY: And GF, you mean
- 25. general foreman?
NEAL R. GROSS COURT REPORTERS AND TRANSCRfBERS
... * . -.. , , .. 0m M~ m I,,I
25 1 General Foreman, right.
2 SPECIAL AGENT FAHEY: Let's talk a little 3 bit in general about fitness for duty training.
- " Oay.
4 5 SPECIAL AGENT FAHEY: When you arrived at 6 the site -- and for that matter, any site - did you 7 go through this general employee training?
8 Fitness. Sure.
9 SPECIAL AGENT FAHEY: Okay. Were there 10 fitness for duty questions on an exam that you took?
11 12 SPECIAL AGENT FAHEY: And was there some 13 training on fitness for duty?
14 .. Yes,
' there was.
15 SPECIAL AGENT FAHEY: Okay. If you can 16 recall, based on the Kewaunee Plant policy, what are 17 you required to do if you suspect that another 18 employee is unfit for duty?
19 Supposed to turn it in to 20 your. immediate supervisor or turn it over to a 21 security.
22 SPECIAL AGENT FAHEY: So these guys, 23 whether they were right or wrong abou being 24 unfit for duty, they .--
25 WIN :That's (inaudible) correct.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
26 1 SPECIAL AGENT FAHEY: -- followed 2 procedure? Okay. Is there any unspoken rule about 3 not reportingsomebody? Is that frowned upon?
4 Well, I'm sure it's frowned 5 upon, but -- I mean, no.I, mean, if it would've came 6 up to me -- I mean, I consider " a friend. I 7 mean, I'd of walked up to him and said, "Hey bud, 8 you're going to have to go get checked." I mean, 9 you've been turned in and -- 'cause otherwise it's my 10 ass, you know? I mean that's the bottom line. I 11 mean, if somebody comes up to me -- and --
12 I mean, you can talk to any of my guys out 13 at work right now. We just had our stand down right 14 now. I told them, I says, "If you have any problems 15 with anybody, you feel anybody is underneath the 16 influence, you let me know and I take them up to get 17 checked." Everybody on my crew knows it.
18 SPECIAL AGENT FAHEY: And actually, 19 gettin would've put a lot of --
20 PO It would have could have 21 been dead. It ld 'Pen a dead issue.
/
22 SPECIAL AGENT FAHEY: Okay. So the proper 23 -- and I'm kind of putting you on the spot here --
24 but, the proper procedure would've been for 25 !to h ha ested.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS oun Q1 Arli 1~~~ A%/ I~ A
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27 1
2 SPECIAL AGENT FAHEY: Okay. And did you 3 say you know that did not happen or you don't know 4 whether that happened?
5 I don't think it ever 6 happened, but -- I mean, I'm sur e jwould have 7 said something about it, but I've never heard nothing 8 about him ever getting checked.
9 SPECIAL AGENT FAHEY: All right, did you 10 have any indication that anyone in upper management 11 knew about this issue?
12 Not that I know of, no. I 13 mean, there was never -6ome downs from like 14 10 ý'or any of them asking me about 15 it. No.
16 SPECIAL AGENT FAHEY: All right. And you 17 never forwarded the concern up the chain of command.
18 No, I did not.
19 SPECIAL AGENT FAHEY: An additional 20 concern that has come to the NRC recently, 21 has had his access denied, and has had his 22 access denied since he left Kewaunee.
23 24 SPECIAL AGENT FAHEY: He's claiming that 25 it is in retaliation for reporting the fitness for NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
28 1 duty concern. So one of my questions here tcday is --
2 - I want to go off the record 3 right now.
4 SPECIAL AGENT FAHEY: Okay. It's 5 approximately 4:50.
6 SPECIAL AGENT FAHEY: Okay. We're back on 7 the record. It's 4:42. And there was some discussion 8 off the record about other personnel problems that 9 had. We're not going to put them on the 10 record.
11 But now my question is, on this 12 retaliation concern tha access was 13 denied because of the -- raising the 'fitness for duty 14 concern, were you aware that >V raised that 15 concern to anybody at NMC management or Day and 16 Zimmerman management?
.17 No. I do not know that he 18 ever raised the issue /with anybody. else besides 19 himself.
20 SPECIAL AGENT FAHEY: Okay. So you would 21 have no way of knowing whether anybody retaliated 22 against for raising this concern?
23 No, I would not.
24 SPECIAL AGENT FAHEY: Okay. What about --
25 are you a union member?
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.
29 1 Yes, I am.
2 SPECIAL AGENT FAHEY: Member of Local 400?
3 4I10110W Yup.
4 SPECIAL AGENT/FAHEY: Okay. Did the union 5 ever frown upon this reporting each other for fitness 6 for duty?
7 No.
8 SPECIAL AGENT FAHEY: Okay. So even 9 though it probably was not a popular thing to do, you 10 -- do you feel comfortable that all the employees 11 understood the necessity of the fitness for duty rule 12 at a nuclear power plant?
13 . I can only speak for 14 myself. I can't speak for everybody else out there.
15 SPECIAL AGENT FAHEY: Okay. But it's 16 taken seriously --
17 Oh yeah.
18 SPECIAL AGENT FAHEY: -- as far as you 19 know? And Security takes it seriously?
20 - )Oh, yeah.
21 SPECIAL AGENT FAHEY: Okay. Ha 22 ever asked you not to talk about this issue or 23 not to report it to anybody?
24 Nope.
25 SPECIAL AGENT FAHEY: The issue with NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVF N W
30 1
2 (No.inaudible response.)
3 SPECIAL AGENT FAHEY: And let's talk a 4 little bit -- and I don't know how far you want to go 5 on with this history of problems with the workers.
6 And basically, I'm looking for were there problems 7 betweenad 8 _#was pissed at 9 everybody because he wasn't a foreman out there.
10 SPECIAL AGENT FAHEY: Okay. And why would 11 he think he would be the foreman?
12 On the other outage when 13 NPS was on nights over at Point Beach, was.a 14 foreman, and he got p foreman's wages to help do 15 layout on -- we were building a platform around the 16 RHR pit, around the generators. -And he had felt that 17 owed him to be a foreman.
18 And then
- was brought out, they 19 made him a foreman over the fitters. Then I was 20 brought out, and I was a fitter ov.er -- or a foreman 21 over the fitters. And as brought out to be 22 foreman over the fitters. I thin basically had 23 a hard-on for everybody. I mean, he was going to be -
24 - I mean, basically,, they nicknamed "th 25 I mean -- 'cause everything -- he would do everything NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS t.v m: IPl-n(r,,l Icz1 -mnli' K\I:: Wl%
31 1 the opposite way you tried to tell him to.
2 SPECIAL AGENT FAHEY: Was he a regular 3 employee of 4 No.
5 SPECIAL AGENT FAHEY: At NMC for different 6 contractors?
7 Yeah. Yes, off and on.
8 But most of the time, when he was at Point Beach; he
- 9. worked more with the maintenance people than he did 10 with our core' group, more or less.
11 SPECIAL AGENT FAHEY: Okay. And you said 12 NPS earlier. That's kind of a shorthand for Day and 13 Zimmerman?
14 Right.
15 SPECIAL AGENT FAHEY: Okay.
16 Actually, PG -- we started 17 out working for Phillips. Getschow. Okay? We were all 18 going through the Phillips Getschow, we were there for 19 the Williams Power, and then Day and Zimmerman...
20 SPECIAL AGENT FAHEY: Okay. What about 21 * *Did he have any problem wit. e As far 22 as you know?
23 \ Not that I know of.
24 SPECIAL AGENT FAHEY: Okay. So as far as 25 your opinion, you think that either of those two NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
32 1 having their access code was retaliation for reporting 2 this fitness for duty concern?
3 To be honest with you, I 4 don't know wh was pulled -- Q 5 have no idea. I mean, did his job. I mean, he 6 was on nights with me, so I don't know how all these 7 guys were getting all this -- I meanAdid me a 8 great job. I mean, he did what I told him to do, he 9 didn't cause any problem, he was fun to play cards 10 with at. lunch, I mean, he was just a good guy. I 11 mean, I golfed with the guy already, too. I mean, you 12 know, he's a good guy.
13 So I don't know what happened with his 14 access. That I -- it did -- it never made sense to me 15 when I heard that got his pulled out -- I think 16 it was out in Pennsylvania or someplace that they went 17 or -- I heard that he got his access pulled, and I 18 said, "I don't know why."
19 SPECIAL AGENT FAHEY: Okay. And certainly 20 that's not your concern, right? You just concern 21 yourself about your own.
22 Yeah. Well, I'm not --
23 I'll tell you anything you want about myself or -- it 24 doesn't matter to me 'cause I have nothing to hide.
25 SPECIAL AGENT FAHEY: Okay. Did anyone NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.
33 1 know that you were here today?
2 My immediate supervisor.
3 the only one that knows.
4 SPECIAL AGENT FAHEY: And how do you spell 5 that? Okay.
6 a " W We had one of our guys get 7 contaminated or actually he didn't get 8 contaminated. He was carrying his tungsten out 9 through the monitors and it went off. With tungsten, 10 after they're lit up one time they're radioactive. So 11 I had to tell him, because otherwise, I'm supposed to 12 stay there with my men.
13 SPECIAL AGENT FAHEY: So they cut you 14 loose early?
15 * .. . .. Right..
16 SPECIAL AGENT FAHEY: I'm sorry.
17 No, no. It didn't matter, 18 but I had to make -sure I told somebody why I was 19 leaving 'cause usuall*h)\would've left, 'cause he 20 was over the millwrights, and. I'm over the fitters and 21 the boilermakers.
22 SPECIAL AGENT FAHEY: I don't think 23 there's any other questions. Anything else that you 24 can think of? Was this fitness for duty concern with 25 ever the discussion of any management NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
34 1 meetings with Day and Zimmerman or anything like that?
2 Maybe after I was gone. I 3 don't know.
4 SPECIAL AGENT FAHEY: But as far as you 5 recall, the issue died that day, in that room.
6 . 9 That was it.
7 SPECIAL AGENT FAHEY: An as far as 8 you know, didn't do anything about it.
9 Nope..
10 SPECIAL AGENT FAHEY: Okay. And it never 11 came up again? Nobody ever said whatever happened 12 with that or --
13 Not that I've ever. heard, 14 no.
15 SPECIAL AGENT FAHEY: Okay. And how much 16 interaction did you have withL anda 17 Oil. f ter you went on the night shift.?
18 Every morning.
19 SPECIAL AGENT FAHEY: Turnover?
20 ) Yeah. Every morning one 21 would call me in his office, and the next one would 22 call me in his office. You know? .I mean, it was 23 different. That's something that I haven't been put 24 through before, as being in upper management before.
25 So, I mean, it was--
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.
ln^ý, - I-
35 1 I think some of the stuff they didn't see 2 eye-to-eye on. I think there was a big power 3 struggle. There was one comment made and I want to go 4 off the record to make that.
5 SPECIAL AGENT FAHEY: Okay.
6 But I know what ob 7 was, and I was indentured.
8 SPECIAL AGENT FAHEY: Hold on.
9 Okay.
10 SPECIAL AGENT FAHEY: Okay.
oi) I was indentured in '81, 11 12 and my way th&t I was brought into the trade is that 13 you go through your chain of command. And as far as 14 I was concerned, I was a equal wit an was i5 my immediate supervisor. And that's who I should have 16 to answer to. It shouldn't have bee And I
.17 me would make the comment to me every now and 18 again, "You work for me." I said, "No, I don't. I 19 Work for and I Work for Day and Zimmerman. I 20 don't work for you."
21 "I brought you out here," he says. "It 22 doesn't matter, We're equals. You run days, 23 I run nights." And I know that he had a big power 24 struggle, and when I give you my comment off -- that's 25 roll-m* l
- NIAL K(. IKUbU A'm*F'mk*
C COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
I')n1%)% '"'A AA'>'
36 1 SPECIAL AGENT FAHEY: Okay. And before we 2 went on the record, you did ask me if you could have 3 a copy of this transcript?
4 Yes. I would like a copy of 5 it.
6 SPECIAL AGENT FAHEY: And when we go off 7 the record, I'll provide you with paper and you can 8 just scribble a quick request for that.
10 SPECIAL AGENT FAHEY: I don't have any 11 other questions. Have I threatened you in any manner, 12 or offered you any reward in return for your 13 statement?
14 No, ma'am.
15 Nope.
16 SPECIAL AGENT FAHEY: Have you given your 17 statement freely and voluntarily?
18 Yes, I have.
19 SPECIAL AGENT FAHEY: Anything further you 20 want to add to the record?
21 Not at this time.
22 SPECIAL AGENT FAHEY: Okay, okay.
23 Concluded roughly at five p.m.
24 (Whereupon, the interview in the above-25 entitled matter was concluded at 5:00 p.m.)
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 4 ýnl DOLUrM 101 A kiIM A IS & I
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 Docket Number: 3-2002-004 and 3-2002-020 Location: Green Bay, 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 as recorded on tape(s) provided by the NRC.
Sydney Edfington Official Transcriber Neal R. Gross & Co., Inc.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1~~DL~nrft ICI AKMr MAIC hI %At