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
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 in acl CASE NO.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFFICE OF INVESTIGATIONS INTERVIEW
x IN THE MATTER OF:
INTERVIEW OF (CLOSED)
Docket No.
3-2002-004 3-2002-020 x
Thursday, September 12, 2002 Radisson Hotel and Conference Center 2040 Airport Road Green Bay, Wisconsin The above-entitled interview was conducted at 4:25 p.m.
BEFORE:
Special Agent Mary Kay Fahey ation in this record was deleted
)rdance with the Freedom of InformatiOn temptions e--
0 0 2 -0 2 0 NEAL R. GROSS COURT REPORTERS ANt) TRANRC.RI EXHIBIT-14 PAG E_JF.167_
OFPAGE1
[APP.
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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?
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SPECIAL AGENT FAHEY:
Social security?
SPECIAL AGENT FAHEY:
Home address?
SPECIAL AGENT FAHEY:
And your home phone number?
Area cod SPECIAL AGENT FAHEY:
Work phone number.
SPECIAL AGENT FAHEY:
And current employer?
t emens Westinghouls SPECIAL AGENT FAHEY:
And position?
Supervisor.
SPECIAL AGENT FAHEY:
And you're at Point SEAANFYesY Aw, ma'am.
SPECIAL AGENT FAHEY:
And how long have Beach?
you been there?
nineteenth of August.
I got out there the SPECIAL AGENT FAHEY:
And how long do you expect to be employed there?
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Till the end of outage.
They're talking right now that it's going to be --
it was extended three days, so it'll twenty eight days, roughly.
SPECIAL AGENT FAHEY:
- Okay, and the average has not actually started yet?
It does not start until Friday at midnight.
They're shutting down at midnight.
SPECIAL AGENT FAHEY:
Okay.
Do you supervise any of the same people you supervised at Kewaunee?
People what? Persons-wise?
No.
It's a different crew but it is pipe fitters and boilermakers.
SPECIAL AGENT FAHEY:
How about do any of these same people work for you now?
.. N that's all.
- Nope, I'm wrong.
i/s on my crew, and he was on nights out at Kewaunee.
SPECIAL AGENT FAHEY:
Can you spell his name?
- \\His last name is spellecl SPECIAL AGENT FAHEY:
Okay.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
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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?
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~
r.)
(sic)
You
- know, I'm g'oing to say this on the record anyway.
Between them two there was a power struggle.f always thought he was in charge, and *UIWanted to have meetings with m was always bothered about that.
But both said that I report to SPECIAL AGENT FAHEY:
And He was our liaison for NMC.
SPECIAL AGENT FAHEY: So he was a licensee
'Right.
Well, yes, at NMC employee?
whoever - -
SPECIAL AGENT FAHEY:
Okay.
That' s (inaudible).
- )
Okay.
SPECIAL AGENT FAHEY:
What dates were you employed in 2001.at Kewaunee?
Do you remember, roughly?
middle of foreman.
I believe it was in the August that they brought me out there as a And I was let go on December 4 th, 2001.
SPECIAL AGENT FAHEY:
Let go, laid off?
MLM
- I was laid off.
I had clean NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 132. RHnnC F Imi Amnl
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 lay off.
SPECIAL AGENT FAHEY:
Okay.
And that was because the job was completed.
CA*
No. There was allegations of --
what they said they let us go for was over abusing the Internet, I guess it was, was the way they put it.
And also, basically, like I told everybody else, 'cause I was interviewed by Darlene, which was your supervisor for security out at Point Beach, and -
SPECIAL AGENT FAHEY:
Darlene Peters?
MR Yes.
And when I went in for my first interview, it was with Bill Degnan, and X don't remember the other guy's name.
I believe it was Tom something they brought down from Day and Zimmerman.
And they accused us of porn on the
- Internet, gambling on the Internet, and the first thing that I asked them is show me.
They couldn't show me anything. They could show me that there was hits on the computer that were on gambling sites. I said, "Where were we gambling on the Internet?"
And they-said, "Well, there is none."
I says, "Well what are you accusing us of?"
And they said, "Well, there was porn on the Internet."
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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 --
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- 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.
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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,-
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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SPECIAL AGENT FAHEY:
Okay.
SPECIAL AGENT FAHEY:
But that wa*
Right.
SPECIAL AGENT FAHEY:
Okay.
Actually, it wa*
but SPECIAL AGENT FAHEY:
I'm sorry.
I've interrupted you.
Okay.
No.
That's all right.
And he said that --
he said that the --
am I supposed to say the exact same words as they said?
SPECIAL AGENT FAHEY:
- Yes, if you can.
He said, "They ain't going to work for a fucking drunk like SPECIAL AGENT FAHEY:
Okay.
And I remember as plain as day 'cause IV'm not saying that Js a little
- angel, but they brought it to the right person because if they felt the foreman was under the influence, they're supposed to come to the next one in charge, and that was --
at that time was and he was the GF.
SPECIAL AGENT FAHEY:
Now let me just stop you real quick.
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12 13 14 15 16 17 18 19 20 21 22 23 24 25 SPEIA A Okay.
SPECIAL AGENT FAHEY:
.12 Did you hear this conversation?
- Yes, I did.
I was in the office.
SPECIAL AGENT FAHEY:
So you --
did you hea:
0 No.
I heard*
come into the office and this is what he said.
SPECIAL AGENT FAHEY:
Okay.
Was he talking to you?
He was talking, I'think, in
- general,
'cause I was at my desk and was at his desk.-
desk.
SPECIAL AGENT FAHEY:
Okay.
was in the room.
Yes.
SPECIAL AGENT FAHEY:
You were in the room.
Yes.
SPECIAL AGENT FAHEY:
And tame in and just made the general statement.
SPECIAL AGENT FAHEY:
Okay.
Do you know if WOW) was on the phone?
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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
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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.
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15 And I kno said it but I I can't confirm, because -- like I mean, anything else that I ever had on nights, "You'd better go take care of it."
And that's basically(rg
)response to everything.
I mean that --
SPECIAL AGENT FAHEY:
So you're not sure if you recall it specifically in this instance, or if that's just a general Right.
That was his general thing that he usually said to us as his superintendents, is "You'd better go take care of it."
SPECIAL AGENT FAHEY:
And he might have said it Right.
SPECIAL AGENT FAHEY:
but you're not sure.
Okay.
What was response?
6 Nothing.
SPECIAL AGENT FAHEY:
He never said, "I'm going to have to do something about this," or --
~PECIL
.)No.
No.
SPECIAL AGENT FAHEY:
Okay.
Do you rememberg raising a concern?
SPECIAL AGENT FAHEY:
About the same thing?
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o'The only two ever mentioned 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
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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?
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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.
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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.-.
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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.
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9 10 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SPECIAL AGENT FAHEY:
I'm sorry --
did you work for?
21 Okay.
Who did --
Sbut or--
SPECIAL AGENT.FAHEY :-
Tweet-Garot Mechanical.
SPECIAL AGENT FAHEY:
Tweet?
Yeah.
SPECIAL AGENT FAHEY:
T-W-E-E-T?
SPECIAL AGENT FAHEY:
Garot?
Garot.
-SPECIAL AGENT FAHEY:
Two Rs, two Ts?
I'm better at writing it
/.
spelling it to-you.
SPECIAL AGENT FAHEY:
G-A-R-R-E-.T-T?
G-A-down than R-O-T?
SPECIAL AGENT FAHEY:
Oh, okay.
Okay.
How about phone calls back and forth between December and now?
I only had one conversation
.with!
and asked me if I got to talk to anybody yet, and I said no.
I.said the only time I talked to anybody was Mr.
- Walker, and he said, yeah, he had talked to me about it,
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or "answer any of his questions
'cause I didn't take care of any of the welding." He said, "That was you."
And I says, "Yeah.
I know.
That's what I talked to him about."
So --
and --
SPECIAL AGENT FAHEY:
When was that conversation?
Recently?
- wmmo, no, that's -- oh, with l
n SPECIAL AGENT FAHEY:
Yes.
Oh, that's been six months ago.
And the last time I see him was out at the plant.
He said hi and --
I don't know if he had his instructions to stay away from me, or not talk to me from or whatever.
I'm not going to get involved with MPS, so --
SPECIAL AGENT FAHEY:
So you're all working at Point Beach again?
Oh, yeah.
Yeah.
IIt's really --
it's really a treat.
SPECIAL AGENT FAHEY:
But you don't report to each other?
~ Nope.
SPECIAL AGENT FAHEY:
Okay.
I work for a totally different company.
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.21 22 23 24 25 SPECIAL AGENT FAHEY:
All right.
Who does work for?
-) Day and Zimmerman.
SPECIAL AGENT FAHEY:
And who does(W work for?
Day and Zimmerman.
SPECIAL AGENT FAHEY:
And do they --
one supervise the other?
Does one supervise the other?
Yp.
'I is the.
supervisor over right now.
SPECIAL AGENT FAHEY:
Oh, so the tables are turned now.
Okay.
So no one's called you about why you haven't had any conversations withý about this?
Nope.
SPECIAL AGENT FAHEY:
With Nope.
'SPECIAL AGENT FAHEY:
Nope.
SPECIAL AGENT FAHEY:
An attorney named Nope.
- SPECIAL AGENT FAHEY:
Okay. No one's made any attempt to contactt ou about this?
- No, ma' am.
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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?
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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 General Foreman, right.
SPECIAL AGENT FAHEY:
Let's talk a little bit in general about fitness for duty training.
Oay.
SPECIAL AGENT FAHEY:
When you arrived at the site --
and for that matter, any site -
did you go through this general employee training?
Fitness.
Sure.
SPECIAL AGENT FAHEY:
Okay.
Were there fitness for duty questions on an exam that you took?
SPECIAL AGENT FAHEY:
And was there some training on fitness for duty?
' Yes, there was.
SPECIAL AGENT FAHEY: Okay.
If you can recall, based on the Kewaunee Plant policy, what are you required to do if you suspect that another employee is unfit for duty?
Supposed to turn it in to your. immediate supervisor or turn it over to a security.
SPECIAL AGENT FAHEY:
So these guys, whether they were right or wrong abou being unfit for duty, they.--
WIN
- That's (inaudible) correct.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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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.
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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SPECIAL AGENT FAHEY:
Okay.
And did you say you know that did not happen or you don't know whether that happened?
I don't think it ever happened, but I mean, I'm sur e jwould have said something about it, but I've never heard nothing about him ever getting checked.
SPECIAL AGENT FAHEY:
All right, did you have any indication that anyone in upper management knew about this issue?
Not that I know of, no.
I
- mean, there was never -6ome downs from like 10
ý'or any of them asking me about it.
No.
SPECIAL AGENT FAHEY:
All right.
And you never forwarded the concern up the chain of command.
No, I did not.
SPECIAL AGENT FAHEY:
An additional concern that has come to the NRC recently, has had his access denied, and has had his access denied since he left Kewaunee.
SPECIAL AGENT FAHEY:
He's claiming that it is in retaliation for reporting the fitness for NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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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.
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- 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
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 30 (No.inaudible response.)
SPECIAL AGENT FAHEY:
And let's talk a little bit and I don't know how far you want to go on with this history of problems with the workers.
And basically, I'm looking for were there problems betweenad
_#was pissed at everybody because he wasn't a foreman out there.
SPECIAL AGENT FAHEY:
Okay.
And why would he think he would be the foreman?
On the other outage when NPS was on nights over at Point Beach, was.a foreman, and he got p
foreman's wages to help do layout on --
we were building a platform around the RHR pit, around the generators.
-And he had felt that owed him to be a foreman.
And then was brought out, they made him a foreman over the fitters.
Then I was brought out, and I was a fitter ov.er -- or a foreman over the fitters.
And as brought out to be foreman over the fitters.
I thin basically had a hard-on for everybody.
I mean, he was going to be -
I mean, basically,, they nicknamed "th 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::
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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
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 32 having their access code was retaliation for reporting this fitness for duty concern?
To be honest with you, I
don't know wh was pulled --
Q have no idea.
I mean, did his job.
I mean, he was on nights with me, so I don't know how all these guys were getting all this I meanAdid me a great job.
I mean, he did what I told him to do, he didn't cause any problem, he was fun to play cards with at. lunch, I mean, he was just a good guy.
I mean, I golfed with the guy already, too.
I mean, you know, he's a good guy.
So I don't know what happened with his access.
That I it did --
it never made sense to me when I heard that got his pulled out --
I think it was out in Pennsylvania or someplace that they went or --
I heard that he got his access pulled, and I said, "I don't know why."
SPECIAL AGENT FAHEY:
Okay.
And certainly that's not your concern, right?
You just concern yourself about your own.
Yeah.
- Well, I'm not --
I'll tell you anything you want about myself or --
it doesn't matter to me 'cause I have nothing to hide.
SPECIAL AGENT FAHEY:
Okay.
Did anyone NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.
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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 know that you were here today?
My immediate supervisor.
the only one that knows.
SPECIAL AGENT FAHEY:
And how do you spell that?
Okay.
a W
We had one of our guys get contaminated or actually he didn't get contaminated.
He was carrying his tungsten out through the monitors and it went off.
With tungsten, after they're lit up one time they're radioactive.
So I had to tell him, because otherwise, I'm supposed to stay there with my men.
SPECIAL AGENT FAHEY:
So they cut you loose early?
Right..
SPECIAL AGENT FAHEY:
I'm sorry.
No, no.
It didn't matter, but I had to make -sure I told somebody why I was leaving 'cause usuall*h)\\would've left, 'cause he was over the millwrights, and. I'm over the fitters and the boilermakers.
SPECIAL AGENT FAHEY:
I don't think there's any other questions.
Anything else that you can think of?
Was this fitness for duty concern with 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--
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.17 18 19 20 21 22 23 24 25 35 I think some of the stuff they didn't see eye-to-eye on.
I think there was a big power struggle.
There was one comment made and I want to go off the record to make that.
SPECIAL AGENT FAHEY:
Okay.
But I know what ob was, and I was indentured.
SPECIAL AGENT FAHEY:
Hold on.
Okay.
SPECIAL AGENT FAHEY:
Okay.
oi)
I was indentured in
'81, and my way th&t I was brought into the trade is that you go through your chain of command.
And as far as I was concerned, I was a equal wit an was my immediate supervisor.
And that's who I should have to answer to.
It shouldn't have bee And I me would make the comment to me every now and
- again, "You work for me."
I said, "No, I don't.
I Work for and I Work for Day and Zimmerman.
I don't work for you."
"I brought you out here," he says.
"It doesn't matter, We're equals.
You run days, I run nights."
And I know that he had a big power struggle, and when I give you my comment off -- that's C
roll-m*
l A'm*F'mk*
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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 Y es.
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 ki IM 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