ML063180521
| ML063180521 | |
| Person / Time | |
|---|---|
| Site: | FitzPatrick  |
| Issue date: | 10/12/2006 |
| From: | Office of Nuclear Reactor Regulation |
| To: | |
| References | |
| Download: ML063180521 (22) | |
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UNITED STATES OF AMERICA 2
NUCLEAR REGULATORY COMMISSION 3
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4 PETITION REVIEW BOARD (PRB) 5 CONFERENCE CALL 6+++++
7 THURSDAY 8
OCTOBER 12, 2006 9+++++
10 The conference call was
- held, James 11 Clifford, Acting Deputy Director of Policy and 12 Rulemaking, Office of Nuclear Reactor Regulation, 13 Nuclear Regulatory Commission and Chair of the 14 Petition Review Board (PRB) presiding.
15 NRC HEADQUARTERS STAFF:
16 JAMES CLIFFORD,. Acting Deputy Director of Policy and 17 Rulemaking, Office of Nuclear Reactor Regulation 18 PATRICK MILANO, Petition Manager 19 NICK HILTON 20 JON B. HOPKINS 21 RICHARD LAUFER 22 GIOVANNA "JENNY"' LONGO, Senior Attorney, Office 23 of General Counsel 24 NADIYAH MORGAN 25 DAVID VITO 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 NRC REGION I STAFF:
CHRISTOPHER HOTT RICHARD URBAN, Senior Allegation Coordinator MATT SAUL LICENSEE:
CHARLENE FAISSON, Entergy Nuclear Operations, Inc.
WILLIAM DENNIS, Entergy Nuclear Operations, Inc.
PETITIONERS:
TIM JUDSON, Board Member, Citizens Awareness Network, presenting Petitioners CLAIRE CHANG, Assistant to the Executive Director, Judd Katt, CAN COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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P,-R-O-C-E-E-D-I-N-G-S 2
(time not provided) 3 EQ OPER.
OFFICER.:
This is the
.4 headquarters Operations officer.
5 CHAIR CLIFFORD:
Yes.
6 HQ OPER. OFFICER:
I have two petitioners 7
and a licensee on the other bridge.
I'm not sure if B8 you are expecting additional people.
9 MR.
MILANSO:
Mr. Judson, are you on the 10 bridge?
11 HQ OPER. OFFICER:
No, no, I put the two 12 petitioners and the licensee on another bridge.
13 MR.
MILANO:
Oh, okay.
14 EQ OPER. OFFICER: I was requested to keep 15 the two bridges separate.
16 MR. MILANO:
Yes, yes.
Why don't you go 17 ahead and tie us together?
18 EQ OPER. OFFICER:
Okay, I'm tying you 19 together at this time.
20 MR. MILANO:
Thank you.
Do we have the 21 Citizens Awareness Network on the call right now?
22 PARTICIPANT:
I'm not sure if Chris is 23 going to be able to make it on since he's just coming 24 in from out of town.
25 EQ OPER. OFFICER:
- Okay, this is the NIEA!
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Headquarters Operations Officer.
I have the two 2
bridges connected.
3 MR.
MILAJNO:
- Okay, and, Operations 41 Officer, do we press star-zero if we nee d to get a 5
hold of you?
6 H-Q OPER. OFFICER:
That is correct.
And 7
as soon as you do, I will try to answer whatever you 8
need.
9 MR. MILANSO:
Okay, thank you very much.
10 HQ OPER. OFFICER:
All right.MR. JUDSON:
11 Is this Pat?
12 MR. MILANO:
Yes it is.
Is this Mr.
13 Judson?
14 MR. JUDSON:
Yes.
And Claire Chang is 15 also with us.
16 MR. MILANO:
Okay.
17 MS. CHANG:
Yes, I'm here.
18 MS. FAISSON: And this is Charlene Faisson 19 of Entergy.
20 MR. MILANO:
Okay, we've got --
we're 21 going to go through a presentation. And right after -
22 during that, then we will go ahead and reannounce 23 who is on the call, okay?
24 CHAIR CLIFFORD:
We'll just do that as 25 part of the discussion here.
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Good afternoon. My name is Jim Clifford.
2 I am the Acting Deputy Director, Division and Policy
'3 and Rulemaking in the office of Nuclear Reactor 4
Regulation with the Nuclear Regulatory Commission.
5 I'm speaking today in my capacity as the 6
chairperson for this Petition Review Board meeting.
7 And for the sake of brevity from this point forward, B
I'll refer to the Petition Review Board as the PRB.
9 I'1d like to open the meeting by providing 10 just some background information on this petition and 11 briefly discuss the petition process before turning 12 the meeting over to the petitioners.
13 We did receive a petition dated September 14
- 13th, 2006 from the Citizens Awareness Network 15 requesting that the NRC take enforcement action 16 pursuant to 10 CFR 2.206.
17 And our understanding of the request is 18 that the petitioner wanted the NRC to first of all 19 reopen an investigation into the alleged 20 discrimination against Carl R. Patrickson;-
21 Second, conduct an investigation into a
- 22.
potential chilled work atmosphere at the Fitzpatrick 23 Plant; 24 Third, to suspend the oper ating license 25 for Fitzpatrick until the investigation into the COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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chilled work atmosphere was complete; and 2
Fourth, to suspend the NRC' s review of 3,
Entergy's application for a 20-year extension of the 4
operating license for Fitzpatrick until the 5
investigation into the chilled work atmosphere is 6
complete.
7 And by electronic mail today, we received 8
a supplement from the petitioners that was dated 9 October 11th, 2006 which has additional requests for 10 enforcement action along with supporting bases.
11 And as we understand it, these additional 12 actions include requests that first of all., Entergy 13 reinstate Mr.
Patrickson to his position at 14 Fitzpatrick; 15 Second, that NRC conduct an investigation 16 to determine whether three Entergy managers proffered 17 false testimony in the case of Mr. Patrickson. And if 18 so, the NRC suspend their current privileges; and 19
- Third, that the NRC conduct an 20 investigation to determine whether Entergy officials 21 were involved in or were aware of possible proffering 22 of false testimony in the case for discrimination 23 against Mr. Patrickson.
24 The NRC staff has contacted the petitioner 25 last week to set a date for the meeting.
And due to NEr-AL R--.
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scheduling constraints and the Commission's desire to 2
not have an undue delay in our petition review 3
process, we really have little flexibility in holding 4
our meeting today.
5 And I just want to express my personal 6
appreciation and the Agency's appreciation to the 7
petitioners for being able to accommodate our schedule 8
today.
9 As you are aware the petition process 10 permits any person to file a written request for the 11 NRC to take an enforc ement action against a licensee.,
12 The written request must sufficient grounds for taking 13 the enforcement action.
14 And the NRC assigns the request to an 15 appropriate office which forms the Petition Review 16 Board.
And the PRB determines whether or not the 17 petition meets the criter ia for review under Title 10 18 of the Code of Federal Regulations Section 2.206.
19 And I'd like to make clear the purpose of 20 today's meeting is to provide the petitioners with an 21 opportunity to present any additional information or 22 clarification to the PRB that is relevant to your 23 position or your petition.
24 Today's meeting participants are the 25 petitioners, the licensee, Entergy Nuclear Operations, NLE-A-1L IR. G ROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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and the NRC staff.
And we always invite members of 2
the public to listen in as observers.
3 So at this time, I Id like to go through 4
and introduce the NRC staff who are here following 5
which I will ask the petitioners and then the licensee 6
participants to introduce themselves.
7 So here in headquarters, we have myself, 8
Jim Clifford.
we have Pat Myilano who will serve as 9
the Petition Manager, Jenny Longo, Dave Vito, Nadiyah 10 Morgan, Nick Hilton, and Rick Laufer are additional 11 participants from here in headquarters.
12 And I'd like to ask the NRC staf f in 13 Region I to introduce themselves.
14 MR. URBAN:
This is Rick Urban.
I'm the 15 Senior Allegation Coordinator in Region I.
16 MR. HOTT: Hello, this is Chris Hott. I'm 17 a Project Engineer in GRP, Region I.
18 MR. SAUL:
Matt Saul, Region I.
19 CHAIR CLIFFORD:
Okay, thank you Rick.
20 MR. LAUFER:
Jon Hopkins is also on the 21 line.
22 CHAIR CLIFFORD:
Okay, Jon, thank you.
23 Any other NRC staff?
24 (No response.)
25 CHAIR CLIFFORD:
Okay.
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like the. petitioners to introduce themselves and 2
identify who will represent them today.
3 MR. JUDSON:
My name is Tim Judson and I 4
am one of the petitioners.
I'm-a Board Member of 5
Citizens Awaren ess Network and I'll be representing 6
the petitioners.,
7 CHAIR CLIFFORD:
Okay.. Thank you.
And 8
anyone else with you?
9 MS. CH-ANG:
Yes.
10 CHAIR CLIFFORD:
Yes?
11 MS. CHANG:
My name is Claire Chang and 12 I'm the Assistant to the Executive Director., Judd 13 Katt, who will be calling in at some point.
14 CHAIR CLIFFORD:
Okay. Thank you.
15 MR. JUDSON:
We also may be joined by 16 Chris Williams who is also a Board Member of CAN.
17 He's just getting in from out of town so I'm not sure 18.
if it is going work out.
19 CHAIR CLIFFORD:
Okay.
Well hopefully 20 they will be able to join us so I appreciate you 21 letting us know that they will be Joining us today.
22 And finally I'd like to ask the licensee 23 to introduce their participants.
24 MS. FAISSON:
Charlene Faisson, Entergy 25 Nuclear Operations, Inc.
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CHAIR CLIFFORD:
Okay.
And anyone else 2
with-you?
3 MS. FAISSON:
No.
4 CHAIR CLIFFORD:
Okay.
5 MR. DENNIS: Yes, William Dennis, Entergy 6
Nuclear Operations as well.
7 CHAIR CLIFFORD:
Okay.
Good.
8 Okay, at this time I'd like to ask if 9
there are any members of the public who are 10 participating in the call.
11 (No response.)
12 CHAIR CLIFFORD:
Okay.
Sounds good.
13 As I stated earlier, the NRC staff today 14 will be listening to any additional information the 15 petitioners have to present to us.
This means the 16 purpose of this meeting is.
not to debate the merits of 17 the issues identified in the petition. And the only 18 thing we will do from our side is, to ask any questions 19 we may have for clarification for any of the 20 additional or supplemental information you provide 21 today.
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We also provide the licensee to ask
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clarifying questions if they desire.
24 And to ensure the information is 25 accurately received, the meeting is being recorded and NEPAL R. GRO'SSa COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1a written transcript will be prepared and included as 2
a supplement to the petition. Because the meeting is 3
being transcribed, it would help if anyone making a 4
statement would first state their name clearly.
5 The transcript will be made publicly 6
available and the petitioners will be given copies.
7 Following this meeting, the PRB will 8
convene here in headquarters and with the region to 9
consider whether the requested action items in your 10 petition meet the criteria for review under the 2.206 11 process.
And we will consider any additional 12 information presented today.
13 You will be notified following the meeting 14 both verbally and by follow-up letter whether or not 15 your petition has been determined to satisfy the 16 criteria for review under 10 CFR 2.206 as described in 17 NRC's Management Directive 8.11.
18 Should your petition be accepted under 10 19 CFR 2.206, the staff will evaluate your petition, 20 including information provided in any public meetings, 21 including this one, and develop a director's decision 22 which will either grant, partially grant, or den-y your 23 requested actions.
24 You will be kept informed of the review 25 status by the petition manager for this petition, Mr.
N EA LR
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Pat Milano.
Up-to-date status of Pending petitions 2
are also available on the internet at the NRC home 3
page.
4 So at this point do es anyone have any 5
questions about the background or the petition 6
process?
7 (No response.)
8 CHAIR CLIFFORD:
Mr. Judson, do you have 9
any?
10 MR. JUDSON:
No, I believe I understand 11 the process well.
12 CHAIR CLIFFORD:
Okay.
And licensee 13 Entergy?
14 MS. FAISSON:
We understand the process.
15 CHAIR CLIFFORD:
Okay.
Thank you.
16 And, Mr. Judson, I would like to ask at 17 the beginning if we have accurately stated the facts 18 of your petition?
19 MR. JUDSON:
Yes, you summarized the 20 requested actions quite well, thank you.
21 CHAIR CLIFFORD:
Okay.
Thank you.
22 All right, at this point, I'd like to ask 23
- you, Mr.
- Judson, if you have any supplemental
.24 information to begin your presentation to the PRE.
25 MR. JUDSON: Well, I guess I'm not sure if
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the Board has had a chance to review the filing that 2
we submitted today, the supplement to our petition.
3 CHAIR CLIFFORD:
Yes, we have.
4 MR.
JUDSON:
Okay.
So in that case, I 5
think, you know, what we would like to focus on is 6
sort of tying this all together because, you know, it 7
has a tendency to seem like it is sort of sprawling 8
out there into issues that may or may not be directly 9
related to the original issue in our petition.
10 So, you know, to start with, you know, 11 we'd like to thank the Board for, you know, giving us 12 the opportunity to meet.
And we appreciate the 13 difficulty of scheduling although we are having to 14 miss a meeting about the license extension application 15 at Fitzpatrick this afternoon in order to schedule 16 this call.
And we hope that this kind of scheduling 17 doesn't happen in the future.
18 CHAIR CLIFFORD:
Well, we will certainly 19 do our best to try to make that not happen.
We will 20 try to accommodate schedules as best we can.
We 21 always try to do that.
22 MR. JUDSON:
Okay. So to start with, you 23 know, the central issue in our petition is the 24 question of whether there is a chilled work atmosphere 25 at the Fitzpatrick Plant and the possible relation of, NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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you know, Carl Patrickson's case to that potential 2
chilled work atmosphere.
3 And what started this process for us was 4
a letter that NRC sent to Entergy in May 2005 5
following the Department of Labor's ruling in the 6
Patrickson's case in which Patrickson --
the ruling 7
was that Patrickson has been retaliated against 8
illegally.
9 And we received a copy of the original 10 letter from NRC when it was sent but never any of the 11 subsequent correspondence between Entergy or NRC. And 12 we became confused about that and submitted a FOIA 13 request to obtain that information.
And when we had 14 obtained the information, we were really dismayed to 15 see exactly what had transpired in that exchange.
16 And essentially --
and Entergy had sent a 17 letter to NRC --
I'm getting a lot of feedback on my 18 phone.
It's hard for me to keep track of what I'm 19 saying.
20 CHAIR CLIFFORD: Okay. We're not getting 21 any feedback here.
22 MR. JUDSON:
What we will do is --
if 23 everybody else on the line can go on to mute, I'd 24 appreciate it.. And we will put --
only when you need 25 to talk, then take yourself off of mute.
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.22 23 24 25 15 CHAIR CLIFFORD: And Mr. Judson, if you'd let us know if that helps.
MR. JUDSON:
Sure.
CHAIR CLIFFORD:
Okay.
Thanks.
MR. JUDSON: Yes. Okay. So it'Is a little bit better.
At least so far.
So but the letter that Entergy submitted in response to NRC we found was dismayingly, you know, insubstantial in terms of the central issue that is concerned here which is the Department of Labor's ruling that despite all of Entergy's claims that it has policies to encourage workers to report safety problems, that it doesn't retaliate against workers for reporting safety problems, that the issue was Mr. Patrickson's performance problems in terms of why he was fired, and that the ruling just basically dismisses all of those claims.
And all Entergy submits in response is a recitation of the policies and programs and meetings they have held among managers and don't articulate that anything has actually been communicated to workers to dispel the impressions that might naturally follow from what transpired in the.Patrickson case.
And that the office of Enforcement from NRC which initiated this correspondence essentially I M!E
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seemed to accept what Entergy had to say at face 2
value. And we found that really dismaying because all 3
of the evidence on the record contradicts, you know, 4
the notion that Entergy's recitation of its programs 5
and policies would be an adequate way of dealing with 6
the potential chilled work atmosphere in this case.
7 So. that was the essential issue that 8
prompted us to submit the petition.
Since then, we 9
have obtained further information in the form of 10 transcripts from.NRC interviews conducted under an 11 investigation in Patrickson's allegation to NRC that 12 he was being discriminated against. These transcripts 13 were not publicly available prior to our obtaining 14 them. And have not been part of the public record in 15 this case.
16
.Sorry, the dog is barking.
17 And what emerged from these transcripts is 18 factual discrepancies in statements made by Entergy 19 managers between the investigation that NRC conducted 20 in November 2003 and the testimony of someý of the same 21 Entergy management in a court proceeding under the 22 Department of Labor six months later.
23 And the central issue here in both of 24 these investigations is what Entergy, knew and when it 25 knew it as related to the firing of Mr. Patrickson.
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And specifica lly whether Entergy was aware that he had 2
reported a nuclear safety problem before it decided to 3
terminate him.
And it is that issue in which these 4
transcripts conflict with one another.
And the 5
statements made by each of these three individuals 6
conflict with one another.
7 And so the reason that we felt that this 8
was really significant in terms of the petition is it 9
goes directly to the issue of whether Entergy's 10 statements can be trusted and its self assessments can 11 be trusted in terms of the issue that has been raised 12 about a chilled work atmosphere.
13 And so we f eel that, you know, the NRC 14 rea~lly needs to conduct an investigation to get to the 15 bottom of a number of issues.
First is whether, in 16 fact, these individuals knowingly proffered false 17 testimony.
18 And then flowing from that if, in fact, 19 that is the case, there are a numiber of other issues 20 involving both the promotions that these individuals 21 received subsequent to the Patrickson case and the 22 potential need to reinstate Mr.
Patrickson as a.
23 statement of good faith to employees that management 24 who are found guilty of retaliating against employees 25 are not. simply going to be rewarded while the workers COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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themselves who have been declared innocent in the 2
matter still have been shown to suffer.
3 There is an additional question in. this 4
which relates to the involvement of the company's
.5 attorney,- Mr. Douglas Levanway and who was present 6
both during the NRC interviews and was the company's 7
attorney in the Department of Labor case. And whether 8
he was aware of his witnesses proffering contradictory 9
testimonies. And, in fact, whether he knew that they 10 might have been proffering false testimonies.
11 And specifically there is an issue --
an 12 instance described in the petition which leads one to 13 suspect that he may have actually led his witnesses 14 into making false statements.
And at that level, it 15 becomes a question of whether there was involvement by 16 higher up executives within Entergy in this possible 17 proffering of false testimony.
18 And what I want to say in regard to this 19 is that yes, we are well aware that an investigation 20 needs to take place bef ore any of these things can be 21 ascertained as fact but that, in fact, the record 22 weighted a number of anomalies and leads one to 23 suspect that there is an investigation that needs to 24 take place.
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up the questions.
2 MR. MILANO: All right. Let me summarize 3
what I have heard.
And I think a number of these 4
issues are, in fact, in your supplement.
And I 5
understand the background and when that was stated in 6
the original petition and the new questions that I 7
hear are --
or the questions that I hear that you are 8
concerned about are what did Entergy know and when did 9
they know it.
10 And for numerous reasons, can Entergy's 11 statements be relied upon? And an additional question 12 about the possibility of Entergy's lawyers leading 13 potentially contradictory false testimonies.
14 Those are the additional things that I 15 heard.
Anybody have anything else that they heard?
16 Is that an accurate summary of 17 MR.
JUDSON:
Yes.
That captures most of 18 it, yes.
19 MR.
MILANO:
Okay, good.
20 MR.
JUDSON:
I~mean the other issue in 21 here is our concerns about the ways in which the 22 Office of Enforcement and the Office of Investigations 2 3 have conducted their work in regard to this case.
24 And, you know, we believe that an investigation by the 25 Inspector General's Office would be appropriate here COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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because of what appear to be significant lapses in 2
responsibility in terms of who is actually 3
ascertaining the facts..
4 MR.
MILANO:
Okay.
All right.
And I 5
think we understand that point clearly.
All right.
6 Any questions at this point for Mr. Judson here?
7 (No response.)
8 MR. MILANO:
Okay.
Rick Urban in the 9
region, do you all have any questions?
10 MR. URBAN:
I don't have any questions.
11 MR. MILANO:
Okay.
I'd like to offer 12 Entergy an opportunity to ask any questions they may 13 have.
14 MS. FAISSON:
As stated at the beginning 15 of the meeting, since the purpose is to understand any 16 new information, I'm here today to hear. any new 17 information.
So at this time, though, I don't have 18 any comment but I would like to say I appreciate the 19 opportunity to hear the information directly.
20 MR. MILANO:
Okay.
Thank you.
21 Okay, at this point, Mr. Judson, I'd like 22 to thank. you f or the time you have taken today in 23 helping us out with our scheduling conflicts.
And I 24 apologize for the conflict that we are creating, I 25
'guess, for another NRC activity that is going on. But EEAAL R. GrCG COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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we do appreciate the time you've taken with us and the 2
information you have provided.
3 Any thoughts that you'd like to provide 4
before we close?
5 MR. JUDSON:
Well, I guess there is a 6
question here in terms of, you know,-how the standard 7
for new information might be applied. I mean, again, 8
w e're talking about --
I mean some of what is being 9
discussed here involves, you know, inquiries that have 10 been already undertaken by the Office of 11 Investigations and the office of En forcement.
12 MR. MILANO:
Right.
13 MR. JUDSON:
And there is clearly a 14 question in regard to the adequacy of those 15 investigations or those inquiries that took place.
16 And how does the Board view the standard for new 17 information as applied there?
18 MR.
MILANO:
Well, the purpose of this 19 phone call and the meeting with the Board today is to 20 gather any information that you can provide to allow 21 us to decide whether or not to accept. your petition as 22 a valid petition under 2.206. So that is how we apply,;
23 any information you provide *to us..
24 MR. JUDSON:. I see.
25 MR. MILANO:
Is that clear?
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MR. JUDSON:
Sort of.
2 MR. MILANO: All right. Okay, any further 3
questions?
4 MR. JUDSON:
Not on our side.
5 MR. MILANO:
Okay.
Thank you very much.
6 1 appreciate your time.
7 MR.. JUDSON:
Thank you.
8 MR. MILANO:
Okay.
Goodbye.