ML073200504

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Exhibit 12 - Transcript Interview, Pages 1-84
ML073200504
Person / Time
Site: Callaway Ameren icon.png
Issue date: 10/18/2006
From:
NRC/OI
To:
References
4-2006-035, FOIA/PA-2007-0335, NRC-1286
Download: ML073200504 (87)


Text

r -

I.

Official Transcript of Proceedings NUCLEAR REGULATORY COMMISSION b)(7C)c Interview o

Title:

Docket Number:

4-2006-035

  • Location:

Columbia, Missouri Date:

Wednesday, October 18, 2006, Work Order No.:

NRC-1286 Pages 1-84 NEAL R. GROSS AND CO., INC.

Court Reporters and Transcribers 1323 Rhode Island Avenue, N.W.

Washington, D.C. 20005 (202) 234-4433 Information In this record was deleted In accordance with the Freedom of InformatOm A&t Exema tIons 7r-POWPA cz22ý

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10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFFICE OF INVESTIGATIONS INTERVIEW x

IN THE MATTER OF:

rb)(7C)c (CLOSED)

Case No.

04-2006-035 x

Wednesday,,October 18, 2006 Hawthorne Suites Columbia, Missouri The above-entitled interview was conducted at 4:00 P.M.

BEFORE:

Special Agent, STEVE ROMERO 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 P-R-O-C-E-E-D-I-N-G-S SPECIAL AGENT ROMERO:

We're on the record.

This is an interview of) midde initial

-- retract that.

For the record, this is an interview of first name7c middle name)c~c last name b)(7C)c Mr.

b)(7C)c is being interviewed by Special Agent Steve Romero.

The date of this interview is October 18th, 2006, and the time is approximately 4:00 Central Standard Time.

The interview is being conducted at the Hawthorne Suites in Columbia, Missouri.

Mr.

Ib)(7C)c

,could you please state and spell your full name for the record?

MR.

b)(7C)c Yes.

b)(7C)c b)(7C)c SPECIAL AGENT ROMERO:

Okay.

Present at this interview are Special Agent Steve Romero from the Nuclear Regulatory Commission's Office of Investigation, Region 4,

Arlington, Texas; Mr.

who is being interviewed; and also present is Ms.

Lisa Banks, who is employed by. Midwest Litigation Services and is transcribing this interview.

The purpose of this interview is to NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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ascertain facts concerning an allegation regarding b)(7C)c 2

discrimination against a by 3

the name of Mr.

for raising safety 4

concerns.

b)(7C)c yy)(fC'o 5

MR.

if you 6

don't mind that correction.

7 SPECIAL AGENT ROMERO:

Okay.

b)(7C)c 8

tb)(7C)c 9

MR.

b)(7C)c Yes.

10 SPECIAL AGENT ROMERO:

Mr. b)(7C)c 11 can you please stand and raise your right hand?

12 (Witness sworn.)

13 SPECIAL AGENT ROMERO:

Sir, for the 14 record, could you please tell us what your educational 15 background is?

16 MR.

"b)(7C)c 17 (b)(7C)c 18 19 20 21 22 SPECIAL AGENT ROMERO:

And you've had that 23 license since when, sir?

24 MR.

(b)(7C)c 25 b)(7C)c NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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SPECIAL AGENT ROMERO:

Okay.

All right, 2

sir.

What are you responsibilities,

sir, on your 3

current job?

(b)(7C)c 4

MR.

Well, b)(7C)c (b)(7C)c 5

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10 11 12 SPECIAL AGENT ROMERO:

Okay.

Can we have 13 a break?

Stop the interview.

The interview is being 14 stopped.

The time is 4:03 p.m.

15 (WHEREIN; a

discussion was 16 held-off-the-record.)

17 SPECIAL AGENT ROMERO:

We' re going to 18 resume the interview, and the time is 4:04 p.m.

The (b)(7C)c 19 interview of Mr.

Okay, sir.

All right,

20.

sir.

21 And how long you been doing that in 22 that position, sir, as a b)(7C)c 23 MR.

b)(7C)S Since 2002.

24 SPECIAL AGENT ROM RO: And prior to that, 25 sir?

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MR.

2 (b)(7C)c 3

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SPECIAL AGENT ROMERO:

When did you start 8

your employment at Callaway?

9 MR.

b c

10 SPECIAL AGENT ROMERO:

And you've been 11 continuous since that period?

12 MR.

b)(7C)c Yes.

13 SPECIAL AGENT ROMERO:

Okay.

Sir, how do 14 you know Mr.

b(7C)c 15 MR.

b)(7C)c I've known him pretty 16 much ever since he's been at the plant because we --

17 as a b)(70)c I used to be on the fire brigade 18 and he was a~

at the time, who 19 are fire brigade leaders.

So I knew a lot of the 20 control room staff for ever since I've been at 21 Callaway.

22 SPECIAL AGENT ROMERO:

Okay.

Well, 23 specifically talking about Mr.

b)(7C)c you've 24 known him since your you began employment at 25 Callaway.

Is that what you're saying, sir?

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MR.

b)(7C)c Yeah.-

Since the '93 timeframe, anyway.

I don't remember.

SPECIAL AGENT ROMERO:

Approximately.

MR.

b)(7C)c Approximately 1993.

SPECIAL AGENT ROMERO:

Okay.

And you know

him, sir, as just as a work associate or as a personal friend?

MR.

ýb)(7C)c I know him as a work associate and he is a friend.

SPECIAL AGENT ROMERO:

Okay.

And when you say "friend,"

sir, do you mean you visit with him after hours outside of the workplace?

MR.

b(70)c Only a couple times in all these years I've -- we don't go and do stuff every

weekend, if that's what you mean.

b)(7C)c SPECIAL AGENT ROMERO:

Okay.

But you do consider him a personal friend, much more than just a work associate?

MR.

Yeah.

SPECIAL AGENT ROMERO:

Okay.

MR. rb)(7C)c If I need advice, I go to him and I ask for advice on plant issues.

SPECIAL AGENT ROMERO:

Okay.

All right, (b)(7C)c sir.

Do you know if Mr.

had ever reported

'NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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a safety concern concerning another employee in 2005?

Are you aware of that, sir?

MR.b)(7C)c I am aware of it.

SPECIAL AGENT ROMERO:

Would you elaborate, sir?

MR.

b)(TC)c Yes.

I first brought the concern up to He is our b)(7C)c And I did not make my concern known to' b)(7c)c I went to straight to where I thought it needed to go.

SPECIAL AGENT ROMERO:

Okay.

And what was the safety concern, sir?

MR.

b)(7c)c The safety concern --

I didn't bring it up as a safety concern.

I was more concerned with the individual and m b)(7C)c on his crew.

But it

)(7c)c one of thel=

came to me and told me that b)(70)c was having trouble staying alert in the control room and that he was afraid that he was going to get' the entire crew in trouble.

SPECIAL AGENT ROMERO:

And who was that person, sir?

MR.

b)(7C)c That was b)(7C)c SPECIAL AGENT ROMERO:

And when did this NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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when approximately did he bring this to your 2

attention?

3 MR.

b)(7C)c June of 2005.

4 SPECIAL AGENT ROMERO:

Okay.

And you know 5

that, sir, because you wrote it down somewhere or --

6 MR.

b)(7C)c I just know because we 7

Ib)(7C)c b)(7C)c 8

And I brought it up to b)(7c)c it would've been this week of 10 the 22nd, 23rd, 24th of June, because I remember it 11 was on a night shift and it was in June when I talked 12 to him.

13 SPECIAL AGENT ROMERO:

Okay.

Just for the 14 record, sir, let's get this straight.

You had a Mr.

15 b)(70)c Right?

16 VMR.

b)(7C)cb)7c 17 SPECIAL AGENT ROMERO:

He came to you and 18 he came to you in June of 2005?

19 MR.

b)(7C)c It may have been the 20 last week of May.

I don't remember.

21 SPECIAL AGENT ROMERO:

Okay.

May/June of 22 2005?

23 MR.

Ib)(7C)c:

Yes.

24 SPECIAL AGENT ROMERO:

Okay.

Then you 25 took that information he gave you concerning Mr.

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y,.-

Right?

MR.

b)(7C)c Yes.

SPECIAL AGENT ROMERO:

That he may have been falling asleep in the control room?

MR.

)(7C)c I i wouldn't -- I don't know that he was falling asleep.

Nobody has ever come out and said they saw him falling asleep.

The way it was put to me was he was having trouble staying alert.

SPECIAL AGENT ROMERO:

Staying awake or staying alert?

MR.

b)(7C)c Staying attentive.

The I don't know how to --

I can't say he was falling asleep.

SPECIAL AGENT ROMERO:

No, sir.

Ib)(7C)c MR.

But it was put that he was, you know, on the computer and his head would bob once in a while. But everybody is too far away to see if his eyes are closed.

SPECIAL AGENT ROMERO:

Okay.

So this is what I'm getting at,

sir, is the the specific question is:

What did Mr. C tell you exactly, as far as you could recall? That's what I'm asking.

MR.

ýb)(7C)c What he told me was that b)(7c)c was having trouble staying -alert in

\\....

[*b(7 C)c..

the control roomý And that's what I went to NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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b)(70)c with.

2 SPECIAL AGENT ROMERO:

Okay.

Let's 3

continue on with what Mr.

b)(7c)c told you.

Did he 4

tell you did he give an example or did he 5

articulate why he felt Mr.

ýb)(7C)c was having 6

trouble staying alert?

7 MR.

ýb)(7C)c Well, the rumor at the 8

time and --

9 SPECIAL AGENT ROMERO:

Sir.

Sir.

10 MR.

I)j' o rumors?

11 SPECIAL AGENT ROMERO:

Sir.

This is not 12 the question was specifically what Mr. (liii told 13 you.

Now, you just stated that he told you that he 14 was having trouble Mr.

b)(7C)c Iwas having 15 trouble staying alert.

And then, I said my question 16

-- further question was:

Can you articulate on did he 17 give you an example, did he tell you why he thought he 18 was not being alert?

19 MR. b The example given was 20 the\\ j7~ffice sits back in the corner.,

21 SPECIAL AGENT ROMERO:

Okay.

For the 22

record, sir, what does that mean, the acronym?

23 MR. ýb(Cc:Fb)(7C)c 24 It used to be b)(7C)c

-land it's hard to get 25 that out of my mind.

Bub)(7C)c

office sits NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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back in the corner of the control room Pith a door and 2

glass windows.

And the ROs are out at the control 3

boards.

4 And the example he gave was looking back 5

into the F(b)(7()c would be 6

working on the computer and he would he actually 7

told me he would holler at him, "Are you getting 8

groggy back there?"

You know, that was --

that was 9

what he would say and get him to stand up and move 10 around because it looked like he was struggling to 11 stay alert at the computer, trying to do work at the 12 computer.

13 SPECIAL AGENT ROMERO:

Okay.

And did he 14 tell you how many occasions this occurred or how --

, 15 the timeframe this occurred, the length of the time?

16 I'm not talking about him getting groggy, but how many 17 times did this occur during the time that Mr.

b)(7C)c 18 was on the same shift with Mr.

)(7C)c 19 MR.

bCHe didn't give me any 20 specific numbers. The best I recall is it started --

21 he thought it started around --

just before May, like 22 April/May timeframe is when it had started.

23 SPECIAL AGENT ROMERO:

So it started April 24 or May.

And did this occur every night or every time 25 the shift was at night?

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MR.

b)(7C)c Yeah.

I guess night 2

shifts are pretty hard for anybody.

But he didn't 3

tell me it occurred every night, so I can't really say 4

one way or the other on that.

5 SPECIAL AGENT ROMERO:

Okay.

And let's go 6

further into what he told you.

You had said earlier 7

that he had articulated to you that he was -- his head V

8 was bobbing orsomething to that effect.

Can you 9

elaborate on what you were saying?

I don't want to 10 put words in your mouth,

sir, but I -want you to 11 elaborate on what Mr.

7 told you.

MR.

b)(7)c Yes.

He told me that

  • 13 while he was working on the computer his head would

, 14 come forward and nod.

  • 15 SPECIAL AGENT ROMERO:

And that person 16 you're talking about is who?

17

-MR.

t)7CcMr.

b)(7C)c 18b)7c 19 SPECIAL AGENT ROMERO:

Okay.

Mr.

20 b)(7c)c His head would bob?

21 MR.,

b)(7C)c That's correct.

22 SPECIAL AGENT ROMERO:

Okay.

So his head 23 would bob in the office.

And that was why he. felt he 24 was not alert?

25 MR.

That was yes.

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SPECIAL AGENT ROMERO:

That was the only 2

thing, just because his head would bob?

3 MR.

b)(7c)c Yes.

4 SPECIAL AGENT ROMERO:

Okay.

It would be 5

-- for the record, I'm showing Mr ()

here.

6 So if I'm bobbing my head that means I'm falling 7

asleep?

I

mean, what I'm trying to get is the 8

articulation here just because somebody -- I'm bobbing 9

my head now but I'm not -- I'm completely alert, sir.

10 MR.

Lb)(7C)c Right.

And I 11 SPECIAL AGENT ROMERO:

You see what I'm 12 saying, sir?

13 MR.

Yeah.

I see what t 14 you're saying.

He recognized it as looking like he

1:5 was struggling, and he'd holler at him, "Are you 16 groggy?" to try to get his attention, get him to move 17 around.,

I mean, I think all the other investigators 18 have all that information.

19 SPECIAL AGENT ROMERO:

Yes, sir.

I 20 understand that, sir.

Maybe so, sir.

But I'm asking 21 you specifically concerning this investigation because 22 it is it does have something to do with Mr.

23 Ib)(7C)c 24 MR.

b)(7C)c Okay.

25 SPECIAL AGENT ROMERO:

allegation.

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the reason I'm saying is that --

can you further the 2

articulation? Did he say that his eyes were falling --

3 you know, that he was having trouble keeping his eyes 4

open?

Or do you recall --

did you ever say that?

5 MR. b)(7C)c No.

I can't recall him 6

saying that to me.

And I worked on their crew twice 7

last year, and I looked and I watched and I never saw 8

his eyes closed.

9 SPECIAL AGENT ROMERO:

Okay.

So you're 10 just going by what Mr.

told you, but you never 11

-- you yourself never saw Mr.

b)(7C)c become groggy 12 or have difficulty staying alert?

ýb)(7C~c 13 MR.

In the*control room,'

14 that's correct.

?'15 SPECIAL AGENT ROMERO:

Yes, sir.

That's 16 what I'm talking about, the control room, sir.

I'm

  • 17 talking about the control room right now.

18 MR. b)(7C)c Yes.

That's correct.

19 SPECIAL AGENT ROMERO:

Okay.

So -- okay.

20 So why did Mr.

(b)(7Cic can you tell me this, sir:

21 Why did Mr.

b)(7C)c come to you to tell you this

.22 information?

23 MR.

C m theb7 24 for the b)(7C)c at the Callaway 25 Plant.

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2.

SPECIAL AGENT ROMERO:

Okay.

2 MR.

b)(7C)c b)(7C)c 3

4 5

6 7

8 9

SPECIAL AGENT ROMERO:

So he came to you 10 in an official capacity, your capacity that since you 11 werea there that you would go further W12 up management and to discuss it with someone what his

,'13 and other people on that shift's concern was?

-. 14 MR.

b)(7C)c Yes.

He came to me in

  • 15 an b)(7C)c capacity.

16 SPECIAL AGENT ROMERO:

So once he gave you 17 that information, sir, then you went to Mr.

(7C)c 18 MR.ý b)(c)c Yes.

19 SPECIAL AGENT ROMERO:

And when was it b)(7C)c 20 that you went to Mr.*

21 MR.

b)(7C)c Like I said, it was 22 around the last week in June.

23 SPECIAL AGENT ROMERO:

Okay.

24 Approximately the last week in June.

25 MR.

Well, I guess it would NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 be the second to last week.

This timeframe right there, 22nd, 23rd, 24th of June.

SPECIAL AGENT ROMERO:

Okay.

MR.

O One of those days.

SPECIAL AGENT ROMERO:

All right.

And so, you went to Mr.

And what did you tell Mr.

MR.

I)(7C)c I

Well, I asked him what was going on withkb)(7C)c I said, "What's going on with this guy?" Because back in May their crew had a lot of b)(7)c They actually b)(7)c And the in the timeframe between May 1st and this week of June when I had talked to(

b)(7C)c I had heard that b)(7c)c b)(7C)c rb)(7c)c k And --

SPECIAL AGENT ROMERO:

So you heard --

since you bring that point up,

sir, you heard who did you hear it from?

MR.

ýb)(7C)c I think it was --

it was either the b)(7C)c or b)(7C)c ay have told me that.

I don't I

can't remember exactly.

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SPECIAL AGENT ROMERO:

And how did they 2

know --

how.did they hear about it?

3 MR.b)(7c)c I don't know.

It just 4

that's stuff you hear about, you know, when people 5

have trouble. It's a small community.

Usually, a lot 6

of traffic, there's a couple of roads in and out.

So 7

I can only guess that they heard it from someone 8

traveling to or from the plant.

9 SPECIAL AGENT ROMERO:

Okay.

And so, you 10 went to Mr.

b)(7c)c ir, and you told him --

let's 11 talk about the conversation specifically.

What did 12 you tell Mr. b)(7l)c 13 MR-.b)(T )c Okay.

I specifically 14 told him --

I asked him what was going on.

I told him 15 that I thought I had heard that

)(7C)c 16 ecause I didn't know for sure about 17 the stories that were going around; and that he was --

18 that I had an RO and I gave him b)(TC)c s

19 name.

I said, "He came to me and said he was having 20 trouble staying alert in the control room and he's 21 afraid he's going to get the whole crew in trouble."

22 And that the --

another rumor was that he 23 was having b)(7C)c which 24 may have played into his tiredness.

You know, I don't 25 know.

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SPECIAL AGENT ROMERO:

How would that have 2

played into his tiredness if he's having a, you know, 3

what someone believes what may be occurring?

Why 4

would that cause him to be --

5 MR.

b)(7C)c Well, one of the things 6

that we had heard --

I had heard 7

SPECIAL AGENT ROMERO:

So this all rumor, 8

third person?

9 MR.

b)(7C)c This was ail rumor.

10 SPECIAL AGENT ROMERO:

Okay.

11 MR. *b)Ic I

]

And I --

12 SPECIAL AGENT ROMERO:

I understand that.

r.,

13 But let's get back to the question was which we're 14 going off track here.

15 MR.

1111111 Right.

16 SPECIAL AGENT ROMERO:

And that is:

When 17 you went -- you got this information from Mr. &zc)c 18 That's what I'm trying to go forth with.

You got this 19 information from Mr.

Yb(oCuc YOU went to Mr.

20

( b)(70)c And what I felt that you were going to say 21

's that you were going to take this information and 22 give it to Mr.

(7C)c but you haven' t told me that 23 yet in this interview.

24 MR.

b)(7C)c Oh, yes.

I did give --

25 SPECIAL AGENT ROMERO:

Okay.

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MR.

b)(7C)c Mr.

b)(70)c the 2

information.

3 SPECIAL AGENT ROMERO:.

Okay.

Now, tell me 4

about *that specifically.

What did you tell Mr.

5 Ib)(7C)c 6

MR.

b)(Tc)c I

told him that b)(7C)c 77 had come to me and told me he was afraid the 8

whole crew was going to get in trouble because b)(7C)c 9

(

was having difficulty staying alert.

And 10 I told him thaqf!Jas constantly hollering at him, 11 you know -- not constantly, but would holler at him 12 every once in a while, "Are you groggy back there?"

13 and this type thing.

14 And I

related some of this other 15 information that I started to -- into.

And he said, 16 "I'm glad you came to me and told me this.

I need to 17 know those things."

18 SPECIAL AGENT ROMERO:

Okay.

That's what 19 Mr. b(Cc told you?

20 MR.

Yes.

21 SPECIAL AGENT ROMERO:

Okay.

22 MR.

And he also told me 23 that he would go talk to the crew and investigate it 24 farther and get back with me.

25 SPECIAL AGENT ROMERO:

Okay.

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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20 MR.

b)(7C)c And that was pretty much the end of that conversation.

I have the utmost respect for 70)c

, and I trusted him to do what he told me he was going to do.

SPECIAL AGENT ROMERO:

Okay.

So did he go and do an investigation that you know of, Mr.

b)(7Clc.

MR.

b)(7C)c I don't know what he did.

He came back to me the last part of July --

SPECIAL AGENT ROMERO:

July 2005?

MR.

ýb)(7C)c

2005, and it would've been either the last week of July or the first week of August.

It was just prior to the refuel.

SPECIAL AGENT ROMERO:

Okay.

So it would've been July --

the last part of July or the early part of August of the year 2005?

MR.

[

J I: Yes.

SPECIAL AGENT ROMERO:

Okay.

So he came back to you.

And what did he tell you?

MR.

ýb)(7C)c He told me that he had spoke with the crew.

And what he told me he was going to take b)(7C)c off shift at the beginning of the year, and he told me that he didn't have anybody to take his place right then, that day or that NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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timeframe.

2 SPECIAL AGENT ROMERO:

So the beginning of 3

year would've been what timeframe?

4 MR..[IZ January of '06.

5 SPECIAL AGENT ROMERO:

So January 2006 is 6

when Mr.

b)(7C)c told you he would be taking him off 7

the shift because of what was alleged that he was 8

doing, which was, unable to stay alert in the control 9

room?

10 MR.

ýb)(7C)c That's correct.

11 SPECIAL AGENT ROMERO:

And that was the 12 end of it?

13 MR. b)(7C)c Yes.

14 SPECIAL AGENT ROMERO:

I mean, as far as 15 that conversation, sir.

16 MR.

b)(7c)c Yes.

And I trusted him 17 to do what he said he was going to do.

I knew we were 18 short on shift managers and that --

I just took it 19 that he was doing the best he could do by getting him 20 off at the first of the year.

21 SPECIAL AGENT ROMERO:

Did he seem -- when 22 you gave he this information --

and I'm asking your 23

opinion, sir when you gave him this information, 24 was he really concerned about this happening on that 25 in the control room?

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MR.

b)(7C)c He seemed genuinely 2

concerned to me when I gave him the information.

3 SPECIAL AGENT ROMERO:

And you got that 4

how?

Because of how he was talking to you and --

5 MR. b)(7C)c He was very interested, 6

and the way that he talked to me relayed that I felt 7

he was very concerned about the situation.

Yes.

8 SPECIAL AGENT ROMERO:

And then, he made 9

you feel like he was going to do something about it?

10 MR.

ýb)(7)c Yes.

11 SPECIAL AGENT ROMERO:

Okay.

Now, did he 12 do anything about it?

13 MR.

b)(7C)c I recently I found

  • (b)(7C) 14 this out here later that he had never talked tc Z

15 b)(7C)c in that timeframe.

16 SPECIAL AGENT ROMERO:

And how did you 17 find out he didn't talk to Mr.

b)(7C)c 18 MR.

[b)(7C)c 19 20 21 22 23 24 25 b)(7C)c SPECIAL AGENT ROMERO:

This year would've been what timeframe, sir?

MR.

b)(7c)c May.

Well,

'06.

it was May; 24th, 25th, 26th of May of '06.

SPECIAL AGENT ROMERO:

Okay.

So we can say approximately May of 2006?

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MR.

Yes.

2 SPECIAL AGENT ROMERO:

Okay.

And that's

  • b)(7C)c 3

when Mr.

b)(7C)c told you that Mr..

never 4

came to talk to him?

5 MR.

[b)(7C)c Yes.

And that 6

surprised me, that--

I really expected him to talk to 7

the whole crew.

And evidently, maybe he only talked 8

to the management folks on the crew.

I don't know.

9 SPECIAL AGENT ROMERO:

Okay.

So you don't 10 know?

11 MR.

No.

12 SPECIAL AGENT ROMERO:

So when he told you 13 that he was going to do --

that he was going to take 14 that action, which was replace Mr.b(7C)c in the

.15 beginning of 2006, January 2006 timeframe, that he was 16 going to get back with you -- didn't he also say that 17 to you, that he was going to get back with you?

18 MR.

b)(7C)c He didn't tell me he 19 was going to get back with me on the second 20 conversation.

That was the first one..

21 SPECIAL AGENT ROMERO:

Okay.

That was the 22 first conversation. Okay.

Now, you had this meeting 23 with Mr.

in August --

I mean,

July, late 24 July, early August 2005.

How long do you wait before 25 you do do you do anything else,

sir, with this NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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2 3

4 5

6 7

8 9

10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 information?

Or do you --

MR.

zib)(7C)c

Well, I

felt my obligation as a7 j h had been taken care of.

I didn't see this as a fitness for duty issue, and that may have been a mistake on my part.

SPECIAL AGENT ROMERO:

Why didn't you see it as a fitness for duty?

MR.

b)(7C)c I thought the guy was having trouble at home and needed to get some I

felt that b)(7c)c had went to him and chewed him out, said, "Get your stuff together."

And it did get better, because I

asked the crew later.

I followed up with the b)(7C)c I said, "How isdoing?"

SPECIAL AGENT ROMERO:

When did this take place, when you checked?

MR.

b)(7C)c That was during the refuel.

September, October.

SPECIAL AGENT ROMERO:

Of 2005?

MR.

b)(7C)c 2005.

SPECIAL AGENT ROMERO:

So you went and talked to --

who did you go talk to?

MR.

b)(7C)c I talked specifically to b)(7)c SPECIAL AGENT ROMERO:

(b)(7C)c NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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MR.

b)(7C)c again.

2 SPECIAL AGENT ROMERO:

And who else?

3 MR. b)(7)c b(7C)c was 4

also on that crew.

And I think I talked to him --

I 5

can't remember when I talked to him.

But I asked, you 6

know, how things were going.

7 SPECIAL AGENT ROMERO:

And what did they rb)(7C)

I 8

tell you?

What did Mr.

[

am I pronouncing 9

his name right? Mr.

b)(7C)c 1 0 MR.

b)(7C)cb)Cc 1

[b)(7C)c 12 SPECIAL AGENT ROMERO:

What did Mr.

13 ib)(7C)c

,ell you?

14 MR.

told 15 me that things had gotten better.

16 SPECIAL AGENT ROMERO:

Okay.

Better.

17 MR.

Ib)(C)c And had said they 18 had gotten better.

19 SPECIAL AGENT ROMERO:

And what do you 20 mean by "better," sir?

Does that mean that Mr.

21 b)(7C)c wasn't having trouble being alert?

22 MR.

b)(7C)c

Well, he was on day 23 shift for the first part of the outage, so that may 24 have played into it, also.

And he was --

he wasn't 25 having trouble staying alert in the control room at NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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that time, the way I understand it.

2 SPECIAL AGENT ROMERO:

Okay.

Did you ever 3

provide this information to anyone else concerning b)(7C)c 4

what Mr.

(

told you?

5 MR.

ýb)(7C)c About the improvement?

6 SPECIAL AGENT ROMERO:

No.

About Mr.

Sb)(7C)c having trouble staying alert.

8 MR.

)(7 t

Yes.

I talked to 9

(b)(7C)c 7about it.

10 SPECIAL AGENT ROMERO:

When did you talk 11 to Mr.

b)(7C)c about it?

12 MR.

7b)(jC)c j

I couldn' t remember for 13 sure.

14 SPECIAL AGENT ROMERO: Approximately, sir.

15 MR.

Ib)(7C)cI He actually approached 16 me about it, which really surprised me.

We were in 17 training.

18 SPECIAL AGENT ROMERO:

Okay.

So Mr.

19 b)(7C)c approached you ab Mr.

being 20 alert in the control room?

21 MR.

Yeah.

He had --

and he

.22 approached me about my conversation with 23 b)(7C)c

, and it really surprised me because I had 24 left him out of it.

I went around him to r

25 b)(7C)c because that's where I

thought the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W..

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3 4

5 6

7 8

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 information needed to go.

SPECIAL AGENT ROMERO:

So when did Mr.

b)(7C)C approach you? Approximately, sir.

You don't have to give me the exact date.

You can give me a month and the year.

MR. ýb)(7C)c It probably was July of

'06.

SPECIAL AGENT ROMERO:

July 2006.

MR.

b)(7c)c It was a training week.

training, and I don't remember when that We were in was.

SPECIAL AGENT ROMERO:

So July 2006, not 2005?

MR. ýb)(7C)c 2005.

SPECIAL AGENT ROMERO:

Okay.

MR.

b)(7c)c June.

It was this week in June right here (indicating).

SPECIAL AGENT ROMERO:

Okay.

So it would've been June --

approximately June of 2005 --

MR. b)(7C)c Yes.

SPECIAL AGENT ROMERO:

that Mr.

b)(7C)c would've approached you?

MR.

b)(7c)c The last week of June.

That's correct.

I SPECIAL AGENT ROMERO:

Okay.

So he NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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28 1

approached you.

And what did Mr.

b)(7C)c tell you?

2 MR. ýb(CcHe said that 3

")CI I

had talked to him about our conversation, 4

and he asked me details about it.

And I told him 5

exactly what I just told you.

I told him the same 6

thing I told b)(7C)c 7

SPECIAL AGENT ROMERO:

So you told him, 8

everything that. Mr.

b)(7C)c ad told you, you had told 9

Mr. b)(7C)c 10 MR.

b)(7C)c Yes.

11 SPECIAL AGENT ROMERO:

And everything.that 12 you had told Mr.

b)(7C)c you told him?

13 MR. r)(7Cic That's correct.

14 SPECIAL AGENT ROMERO:

Okay.

And the 15 bottom line was that Mr.

was -- what was it 16 you told both Mr.

b)(7C)c and what Mr.

b)(7C)c had 17 told you?

18 MR.

b)(7C)c He was struggling to 19 stay alert in the control room and that -- I discussed 20 the rumors also that really aren't part of this, but 21 everyone thought that that may have been a 'factor.

22 SPECIAL AGENT ROMERO:

And those other two 23 things would've been the [b)(7c)c 24 b)(7C)c that he may have had, that was rumored that may 25 have appened NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 29 MR.

tb)(TC)c That's correct.

SPECIAL AGENT ROMERO:

and the other rumor that he was having some type an b)(7C)c

ýb)(7C)c MR.

(b)(7C)c That's correct.

SPECIAL AGENT ROMERO:

Correct?

All right.

Now, what did Mr.

-)(7C)c tell you he was going to do with that information?

MR.

ýb)(7C)c He didn't tell me anything 'that he was going to do with it because he was --

it was like I was getting him up to speed.

He really caught me off guard when he asked me about it.

So I gave him that information, and I know that he went and talked to b)(7C)c later, but I don't know if that was his intent.

SPECIAL AGENT ROMERO:

Okay.

Well, let's concentrate still on this meeting where Mr. b)(7c)c:

comes to you.

So Mr.

(cZIIJc I just want to get this straight for the record.

Mr.(7Crc told you that he had already heard about Mr.

b)(7C)c from Mr.

b)(7C)c MR. 'b(CcYes.

SPECIAL AGENT ROMERO:

And that he was pretty much telling, you what you had -already told Mr.

b)(7C)c NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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MR. ý bC0 Yes 2

SPECIAL AGENT ROMERO:

He was telling you.

3 And you had just confirmed with him that that was 4

true, all of those facts?

5 MR.

b)(7C)c Yes.

6 SPECIAL AGENT ROMERO:

And the facts were 7

that you had reported Mr.

based on Mr.

8 b)(7C)c information, that he was having trouble 9

staying alert in the control room?

10 MR.

ýb)(7c)c Yes.

11 SPECIAL AGENT ROMERO:

Okay.

I just 12 wanted to make that straight.

I 13 MR. b)(70)c Okay.

I have a little 14 rambling problem, so --

15 SPECIAL AGENT ROMERO:

Okay.

No problem.

16 No problem.

We'll take you through that.

Okay.

So 17 now we're done with that conversation.

Now, 'you had 18 made mention here earlier, sir, that you knew that Mr.

19 b)(7C)c I mean, Mr.

strike that.

That Mr.

20 b)(7C)c had gone to Mr. b)(7C)c nd talked to him 21 again about that issue.

22 MR.

Ib)(

I~c Z Yes.

23 SPECIAL AGENT ROMERO:

Okay.

Can you give 24 me timeframes?

I need a

timeframe on

this, 25 approximately.

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3 4

5 6

7 8

9 10 1i 12 13 14 15 16 17 18 19 20 21 22 23 24 25 31 b)(7C)c MR.

The outage was it was --

it had to have been in August -- July, August.

SPECIAL AGENT ROMERO:

Okay.

So we can only say this, sir.

You don't have to --

I'm not going to take you to the exact date.

MR.

Okay.

SPECIAL AGENT ROMERO:

When you're not 100 percent sure on that but you know approximately, just say approximately --

MR.

b)(IC)c Okay.

SPECIAL AGENT ROMERO:

or sometime

around, either one of those will work.

MR.

Approximately in the July, August timeframe.

SPECIAL AGENT ROMERO:

Of what year, sir?

MR.

Of '05.

SPECIAL AGENT ROMERO:

Of 2005.

Okay.

Now, you know that Mr.

b)(7c)cl went to Mr.

b)(C~c because Mr.

told you that?

MR.ý )7~

Yes.

SPECIAL AGENT ROMERO:

Okay.

When would he have told you that he had gone to see Mr.

b)(7c)c]

MR.

O(*A)4C I'm tninKing that would've probably been around the first of the outage, NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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5 6

7 8

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 32 right before the outage, which would've been right the beginning of August.

SPECIAL AGENT ROMERO:

Of August 2005?

MR.

ýb)(7C)c Yes.

SPECIAL AGENT ROMERO:

Okay.

Did he tell you what he talked to Mr. (b)(7C)c about?.

MR.

He didn't really give me any details.

I don't remember.

He said the discussion was about gettingb)c off shift.

I don't remember what he said.

I had the first of the year stuck in mymind because that's what ( b)(7c)c had told me was going to happen.

And there was some discussion about bringing )7 O)con shift.

SPECIAL AGENT ROMERO:

Who is b)(7c)c lb)(7C)c MR. ýb)(ZC c Iwas --

is was our only extra shift manager at the time.

He was a shift manager that could have taken c

spot on his crew.

But it would've --

it may have messed something else up.

I don't know why that decision wasn't made.

SPECIAL AGENT ROMERO:

So Mr.

tells you he went and talked to Mr.

b)(7C) getting Mr.

b)7c)c off the shift.

anything else?

about Did he say NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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33 b)(7C)c 1

MR.

Not that I can recall.

2 SPECIAL AGENT ROMERO:

Okay.

Did he tell 3

you what Mr.

b)(7C)c had told him in that 4

conversation?

5 MR.

b)(7C)c No.

I don't recall.

6 SPECIAL AGENT ROMERO:

Okay.

Now, when --

b)(7CC~c 7

did he tell you --

did Mr.L I7C ftell you when 8

this conversation between he and Mr.

b)(7Cc 9

would've taken place?

10.

MR.

b)(7c)c Like I said, I don't 11 know if it was around the first of the outage or if it 12 was later in the outage.

It was 13 SPECIAL AGENT ROMERO:

I know.

But my 14 question, sir:

Did he.tell you when he went to talk 15 to Mr.

b)(7C)c 16 MR.

b)(7C)c I don't have an exact 17 date.

But like I said, I have to assume it was around 18 19 SPECIAL AGENT ROMERO:

Okay.

So we're 20 just assuming.

But you don't recall him telling you, b)(7C)c 21 "On this date I went and talked to Mr.

2b)(7C)c 22 MR.

Other than --

he told 23 me he talked to b)(7C)c this week in June, and I 24 don't when the second conversation took place, whether 25 that was July or August.

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34 1

SPECIAL AGENT ROMERO:

Okay.

So he

ýb)(C c

2 would've talked to M b)(C)c, before he came to 3

talk to you, of course, because he wouldn't have had 4

that conversation. Correct?

5 MR.

zb)(iC)c Right.

6 SPECIAL AGENT ROMERO:

So that's why 7

you're assuming that it would've been prior to him 8

coming to talk to you. Correct?

9 MR-. b)(7C)c That's correct.

10 SPECIAL AGENT ROMERO:

Okay.

So we're 11 just trying to nail a little timeframe in there.

12 MR.

b77c)c 7

Okay.

,$13 SPECIAL AGENT ROMERO:

And did he tell you

-$14 that Mr.

said that he was going to

well,

.r15 did he tell you what Mr.

b)(7C)c said what he was 16 going to do with Mr.

b)(7C)c 17 MR.,

b)(7c No.

He'didn't tell me.

18 SPECIAL AGENT ROMERO:

Nothing?

19 MR.

.b)(7C)c

!Like I said, I had the 20 information that he was going to come off shift at the 21 first of the year, and I assumed, you know --

22 SPECIAL AGENT ROMERO:

Right.

And I

23 understand what you said, sir, but I'm saying, did Mr.

El 24 b)(70)c tell you anything that what Mr.

(7 j

25 had told him what he was going to do with Mr.

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35 b)(7C)c 1

or if he was going to do anything with Mr.

2 b)(7C)c 3

MR. b)(7C)c He didn't say that he 4

was going to do anything with Mr.

b)(7C)c And 5

there again, I took the statement that he was going to 6

come off shift at the beginning of the year was --

7 SPECIAL AGENT ROMERO:

Right.

8 MR.

ýb)(7C)c first opportunity.

9 SPECIAL AGENT ROMERO:

And hat was based b)(7G)c 10 on your conversation with Mr.

11 MR.

b)(7C)c Yes.

12 SPECIAL AGENT ROMERO:

That's the one I'm 13 talking about right now, sir.

14 MR.

ýb)(7C)C And I don't know what 15 was 16 SPECIAL AGENT ROMERO:,

Right.

(b)(7C)c 17 MR.

said with(7C)UTland 18 b)(7C)c 19 SPECIAL AGENT ROMERO:

Okay, sir.
Now, 20 let's go forward. Let's go forward from that, sir.

21 What takes place after that, after that second 22 after you're talking --

Mr.

Ib)(7C)c

-- oming in and 23 talking to you that he had conversation with Mr.

24 b)(7C)c 25 MR.

ýb)<7C Well, we got started in NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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1 2

3 4

5 6

7 8

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 36 the refueling outage, and I was working on a different crew.

And we were all split up as far as days and nights.

And wasn't really anything that I knew of during the outage.

SPECIAL AGENT ROMERO:

Okay.

MR. i i

Like I said, b)Cc

_)(7C)c

  • was working day shift; I worked nights for the outage.

There was a couple of statements made that he was having trouble in meetings on days.

SPECIAL AGENT ROMERO:

This would've been after this timeframe of August 2005?

[b)(7C)c]

MR.

That would've been in during the outage, September, October.

SPECIAL AGENT ROMERO:

Of 2005?

MR.

Of 2005.

SPECIAL AGENT ROMERO:

That he was having trouble staying awake in meetings?

MR.

b)(7C)c Yes.

SPECIAL AGENT ROMERO:

And these meetings were held outside the control room?

MR.

b)(7C)c Yes.

SPECIAL AGENT ROMERO:

Okay.

MR.

tb)(7C)c Job

briefs, prep training.

It was stuff outside the control room.

SPECIAL AGENT ROMERO:

Okay.

Who told you NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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7 8

9 10 11 12 13 14 15 16 17 18 19 20 21 [

22 23 24 25 37 this information?

MR.

b)(7C)c It was b)(7C)c b)(7C)c b)(7C)c SPECIAL AGENT ROMERO:

told you?

MR.

b)(7C)c Yeah.

He had heard bI make a

statement about c)c

  • )(7c)c.

[alling asleep at a job brief.

SPECIAL AGENT ROMERO:

Who is MR.(7C7Cc (b

b)(7C)c n

b)(7C)c Irew.

But during the refuel he was not a

b)(7C)c b)(7C)c he was a b)(70)c SPECIAL AGENT ROMERO:

Okay.

So Mr.

7C)c is telling you about a rumor he heard, or is he telling you that he had had a conversation with Mr.4

- what was his name again?

MR.

b)(7C)cb)Cc SPECIAL AGENT ROMERO:

Ib)(TC)cI Mr.

b)(7C)c MR.

b)(7C)c SPECIAL AGENT ROMERO:

b)(7C c MR.

F)(7C)c I think is how you spell it.

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SPECIAL AGENT ROMERO:

b)(7C)c Okay.

2 b)(TC)C Mr.'

o does he --

did he tell you 3

that he had a conversation with Mr. b)(IC)c r did 4

Mr.

b)(7c)c came and told of the rumor that Mr.

5 b)(7C)c was falling asleep outside the control room 6

in at briefings or meetings?

7 MR. [b)(7C)c I I'm pretty sure he told 8

me that it was a statement that b)(TC)c ad made I

I 9

to (b)(7C)c when (b)(7C)c asked him 10 hownthe brief went.

And"I7ýretty much made a 11 statement about only person was paying attention, 12 b)(7C)c fel'l asleep, and it was --

I don' t know the 13 details, but it was something along those lines.

14 SPECIAL AGENT ROMERO:

So this is all 15 based on third-hand information.

Mr. [b)(7C)c Isaid 16 that he had heard that he had gotten a statement from 17 Mr.

and he gave you this information, "Hey, 18 1 heard Mr.

telling me --

Mr.

'made a 19 statement that Mr.

b)(7C)c was not alert."

Right?

20 MR.

b)(7C)c Yes.

21 SPECIAL AGENT ROMERO:

Was he asleep or 22 was he alert or not alert?

23 MR.

b)(C)cI Well, he fell asleep in 24 that one.

25 SPECIAL AGENT ROMERO:

He fell asleep.

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3 4

5 6

7 8

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 39 Okay.

He fell asleep in this conference room or --

where is this room located at, sir, for the sake of this interview?

MR.

b)(1C)c 1

I'm not sure where the job brief was. Normally, the job briefs are across the hall from the control room in the field office.

And it's a --

it's a room about this size with a big table for doing job briefs.

SPECIAL AGENT ROMERO:

But in there there's no controls or anything to the plant itself, inside this room?

MR.

Ib)(7C)c That's correct.

SPECIAL AGENT ROMERO:

Right.

That 's what I'm saying.

MR.

b)(7C)c There's no controls.

SPECIAL AGENT ROMERO:

No controls in there.

There's nothing in there that's vital for the plant to stay safe. That's what I'm asking.-

MR.

b)(7C)c No.

SPECIAL AGENT ROMERO:

Okay.

All right, sir.

And he would've fallen asleep in this meeting based on what Mr. IOb)(7c old Mr.

b)(7C)c And this would've occurred when? When did this occur, this MR.

ct wa NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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40 1

refueling outage.

2 SPECIAL AGENT ROMERO:

Which would've been 3

September of 2005, approximately?

b)(7C)c 4

MR.

Approximately 5

September, maybe the first of October, somewhere in 6

there.

7 SPECIAL AGENT ROMERO:

Okay.

So he 8

provided you with this information that, "Hey, Iheard 9

this guy --

this b

told me that 'Hey, he was 10 falling asleep and he fell asleep in this meeting.'"

11 Okay.

So what's what transpired from that?

12 MR.

))c I switched --

whenever 13 I changed schedules, I looked up b)(7C)c 14 which would've been the end of October.

15 SPECIAL AGENT ROMERO:

End of October 16 2005?

b)(7C)c 17 MR.

Yes.

18 SPECIAL AGENT ROMERO:

Okay.

Go ahead.

19 MR.

ýb)(7C)c jAnd talked to him a or\\

20 little bit, asked him about if b)(7C)c was still 21 coming off shift at the beginning of the year.

And he 22 indicated to me that that was still going to happen.

23 SPECIAL AGENT ROMERO:

He indicated.

And 24 how did he indicate, sir?

Did he make a statement, 25 "He's coming off at the shift," or how did you NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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3 4

5 6

7 8

9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 41 know, because indicated is a word that doesn't mean that he's going to follow through with this --

MR.

Best I can remember what he said was, "I'm still planning to take off shift at the beginning of the year."

SPECIAL AGENT ROMERO:

Okay.

That's what I wanted to hear.

MR.

b)(7C)c Which would be January of '06.

SPECIAL AGENT ROMERO:

I mean, I wanted to hear what he said. That's what I wanted to hear.

MR.

b)(7C)c Okay.

SPECIAL AGENT ROMERO:

Okay.

Okay.

So you have this-meeting, and that's all he tells you?

MR.

ýb)(C)c

]Yeah.

I asked--I asked about a statement that b)(70)c had made in this meeting.

SPECIAL AGENT ROMERO:

Okay.

Who is b)(7C)c is who, sir?

MR.

is the b)(7C)c

/

SPECIAL AGENT ROMERO:

Okay.

MR.

7b7(TC7c]

And he had made a

statement about --

and I heard this from b)(7C)C and lso confirmed that had made this NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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statement about b)(7c)c being the model 2

shift manager early; this was before this incident 3

that I had brought up in June.

It was earlier in the 4

year.

I can't remember the timeframe because I don't 5

know when it was said to them.

6 SPECIAL AGENT ROMERO:

But this would've 7

been like the earlier part of 2005?

8 MR "1Cb)(TC)c Yes.

9 SPECIAL AGENT ROMERO:

Prior to the Jtane 10 prior to Mr.

b)(7C)c coming and talking to you?

11 MR.*b)(7C)c Yes.

And it was in 12 conversation it came up that b)(7C)c -

had made the 13 statement that b)(7C)c should be the model 14 shift

manager, "You guys need to follow in his -- his 15 model."

And it bugged me.

It really bothered me after 16 all this in-between had occurred.

17 So I

-- the reason I went and looked 18 up and'asked him those questions is because I 19 him, I said --

I said, "Why.does.

think that

)(7C)c 20 is our best b)(7C)c I said, "I don't think 21 anybody else thinks that."

And,,

aid, "No.

He's 22 not our best[b)(7C)c And he said, "Don't 23 look," and he got on the computerand he pulled up the 24 crews, something he has on the computer.

And he said, 25 "Definitely b§j isn't our best b)(7C)c NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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And he was looking at the --

some data 2

that told him who was.

And I said, "Well, in my mind" 3

I told him that I b)(7C)c I thought, and 4

were our two bes t shift managers.

And he 5

didn't come out and agree with that, but he said that 6

there's nobody on site that he would rather have in 7

the control room if something was going on than b 8

b,)(7C)c

])because 9

SPECIAL AGENT ROMERO:

That's what Mr.

10 b)(7c)c said?

11 MR.

b)(7c)c That's what he said.

".12 SPECIAL AGENT ROMERO:

Okay.

13 MR.

ýb)(7C)c And that's that was

.14 in late October of

'05, and he made that statement (b)(7C)c

.,.15 when I brought up this other question about what 16 had said.

17 SPECIAL AGENT ROMERO:

Okay.

All right.

18 So we're in October 2005?

19 MR.

b)(7C)c ah.

20 SPECIAL AGENT ROMERO:

And what happens 21 next?

22 MR.

b The next thing was, 23 right after the

outage, November I

guess it 24 would've probably been the week of Thanksgiving or the 25 following

week, whenever we came off the outage NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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schedule.

We got our crews back.

We were working, I 2

thought nights.

Maybe it it was probably the first 3

week of December when we all got back on crew 4

together.

We were working night shift.

And one of 5

ther7D ame to me.

6 SPECIAL AGENT ROMERO: Ej7Ii s what, for the 7

record?

8 MR.

b)(7C)c b

9 And b)(7C)c s his name And he came to me 10 and said, "Hey, what's going on with )(7C)c And 11 said that he had seen him and thought that he was 12 inattentive in the shift manager's office.

13 SPECIAL AGENT ROMERO:

Inattentive.

Can 14 you -- for the record, sir, can you tell me what does.

15 he mean by "inattentive"?

16 MR. Ib)(7c)c His back was turned but 17 he was at the computer, and his head was down.

I 18 don't know whether it was looking at paperwork.

I 19 don't know the situation, but 7

said he you 20

know, "Something needs to be done.

If he's having 21 trouble, he needs to be taken off shift."

And --

22 SPECIAL AGENT ROMERO:.

Did he say falling 23 asleep?

24 MR.

b)(7C)c:

He did not say that to 25 me, that he had fell asleep.

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45 i

SPECIAL AGENT ROMERO:

Okay.

Or he looked 2

like he was falling asleep; he didn't say that?

3 MR.

[b)(7C)c No.

4 SPECIAL AGENT ROMERO:

Okay.

5 MR.

b(7C)c And I told him then, I 6

said that b)(7C)c had told me that he was 7

coming off shift at the beginning of the year and that 8

something was being done about it.

And I

still 9

believed at that time that that was still going to 10 happen.

And, you
know, I

had just had that 11 conversation with b)(7C)c in October.

12 SPECIAL AGENT ROMERO:

And this is b)(7C)c 13 November 2005 when this Mr./

came to you 14 15 MRb)(c)c Late November of 2005.

16 SPECIAL AGENT ROMERO:

Late November.

17 Okay.

All right.

18

  • MR.

ID)(7C)c I didn't blow him off 19 and --- you know, because he came to me as a 20 And I said, "Well, I think it's being taken care of."

21 I said, "We'll see what happens."

And that's kind of 22 where I left it.

23 SPECIAL AGENT ROMERO:

Okay.

All right.

24 What happens after that, sir?

25 MR. Ib)(7C)c In 2006, the first week NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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of January, it would've been January the 5th, I worked 2

overtime on b)(7C)c crew.

3 SPECIAL AGENT ROMERO:

Okay.

4 MR.

b)(7C)c And that was the second 5

time I'd worked with them in a year's timeframe.

And, 6

you know, I asked the crew that night how things were 7

going.

And the crew just -- they said, "As long as he 8

stays in his office we're fine."

They preferred not 9

to even talk to him if they could help it.

I thought 10 that was very unhealthy.

11 I watched him real close.

I did not see 12 any problems all night with him not being alert.

He 13 did leave the control room several times to go on 14 tours of the plant in that night shift that I was 15 there.

16 SPECIAL AGENT ROMERO:

What do you mean by 17 "tours"?

18 MR.

b)(7C)c Well, he either went to 19 the service building or he went and toured the plant.

20 Shift managers are required to do building tours --

21 SPECIAL AGENT ROMERO:

Oh, okay.

22 MR. [b)(7C)c during their 23 watches.

Usually.,

it's on night watches.

So I'm 24 assuming that --

25 SPECIAL AGENT ROMERO:

But you don't know NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.,

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47 1

this for sure; you just know he left?

2 MR.

b)(7C)c I

know he left the 3

control room--

4 SPECIAL AGENT ROMERO:

That' s all you 5

know?

6 MR.

b)(7C)c is all I *know for 7

sure.

8 SPECIAL AGENT ROMERO:

Okay.

We need to 9

talk about the facts, just what you know.

10 MR.

b)(7C)c Okay.

11 SPECIAL AGENT ROMERO:

Okay.

12 MR.

b)(7cic Sorry.

And I worked --

13 I came into work that night at 10:30 and I worked the 14 last of the night shift, and then I worked the day 15 shift, also.

And I remember that date specifically 16 because I'd worked that double shift.

I went and 17 talked to b)(7c)c that day.

18 SPECIAL AGENT ROMERO:

Okay.

19 MR.

b)(7c)c And it was the first of 20 the year.

And I said --

I asked him, I said, '"I know 21 you know what's going on and I kno as talked to 22 you.1" Becaus was on vacation at the time; I 23 couldn't find him.

I said, "Why isn't is b)(70)c 24 b)(7c coming off'.shift?

What's going on with 25 that?"

And he told'me that the earliest they could NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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get him off shift now was June of '06.

2 And at that point I felt like I had been 3

lied to, and I was very upset.

And it was --

I didn't 4

-- actually, I thought about it for a week.

And I 5

gave time to get back with me because he said he 6

was going to go interview the crew and see-if there 7

were any problems.

So.he went, and I think the only 8

person --

and this is hearsay or whatever --

9 SPECIAL AGENT ROMERO:

You don't know this 10 for sure?

Ib)(7c)c 11 MR.

I don't know for sure.

12 I know he did not talk to the b)(7C)c 13 SPECIAL AGENT ROMERO:

And how do you know 14 that, sir?

.b)(7C)c 15 MR.

Because they told me he 16 didn't.

I asked them.

17 SPECIAL AGENT ROMERO:

And who are the 18 b)(7C)c that he should've talked to and he 19 didn't talk to?

20 MR.

b)(7C)c (b)(7C)c and 21 b)(7C)c 22 SPECIAL AGENT ROMERO:

Okay.

23 MR. b)(7C)c-were the b)(7C)c 24 b)(7C)c And I specifically asked them iL fe ad 25 talked to them because of what had happened -- or I NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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49 1

thought had happened in this past six months.

And I 2

-so ot back to me on the 12th or the 13th of 3

January, and he told me that he had talked to 4

  • b)(7C)c 5

SPECIAL AGENT ROMERO:

Who is this, sir?

6 MR.

b)(7C)c He is afb(

n.

7 b)(7C)c s crew.

8 SPECIAL AGENT ROMERO:

What's a[lli sir?

9 MR.

b)(7C)c b)(7C)c 10 b(7C)c 11 SPECIAL AGENT ROMERO:

-Okay.

12 MR.

b)(7C)c Sorry.

And b)(Tc)c 13 b)(7C)c ad just become the n7C)c n

  • 14 that crew the middle of December.

He had only been on

Ž15 the crew three or four weeks.

And I don't know if 16 that's the only person he talked to, but he gave me 17 his name thati)7-had talked to him.

And the feedback 18 cad got from was that he did not see 19 anything like that going on, and that he didn't have 20 any concerns with b)(7C)c ability to stay alert on 21 shift.

22 SPECIAL AGENT ROMERO:

Okay.

23 MR.

b)(7C)c

And, so there again, 24 that when he got back to me, that's when he said 25 again that it would be the first of June before they NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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would be able to get him off shift, anyway.

And I was 2

very upset still because that's not what 3

b)(7C)c had told me was going to happen.

And so, 4

I went back to the control room and I was upset, so I 5

told (b)(7C)c and I think one of the other 6

may have heard it also.

7 SPECIAL AGENT ROMERO:

Who would've been 8

the other Dthat would heard?

9 MR.

b)(7C)c b)(C, 10 SPECIAL AGENT ROMERO:

)7c 11 MR. ý(7C-b)(7C)--on-12 of those two.

13 SPECIAL AGENT ROMERO:

Okay.

And so then, 14 you went back and told let's talk about Mr.

15 b)(7C)c What did you tell Mr. b)(7C)c.

16 MR.

b)(7C)c obviously, I was upset.

17 And I talked to him, I said that they were they 18 just told me that they were not going to take b)(7C)c 19 b)(7C)c off shift like they had said they would.

20 "They" being b(7C)c tb)(7C)c 21 And I told him, I said, "I don't know what to do.

22 There's" you know, I didn't --

I really didn't know 23 what to do.

I was trying to figure that out.

And it 24 was about two weeks later I got called into Employee 25 Concerns.

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SPECIAL AGENT ROMERO:

Okay.

So this 2

conversation with Mr.

b)(7C)c nd these other two 3

b)(7C)c ight?

4 MR. ýPO( IIIXI b)777 (7C)c 5

SPECIAL AGENT ROMERO:

b)(TC)c 6

b)(7C)c and who were the other 7

that 8

MR.

Ib)(7c I

don't remember if 9

they heard any of it or not because 10 SPECIAL AGENT ROMERO:

Okay.

11 MR.

b)(7c)c I don't 12 SPECIAL AGENT ROMERO:

When did this 13 conversation take place, approximately?

14 MR.

ýb)(7C)c The second week of 15 January.

16 SPECIAL AGENT ROMERO:

Second week of 17 January, approximately.

18 MR.

b)(7C)c Of '06.

19 SPECIAL AGENT ROMERO:

Of 2006.

So then, 20 you talked to Mr.

b)(7C)c What did Mr.

b)(7C)c 21 say to you?

Did he say he was going to do something 22 about it or what? What did he say?

Anything?

23 MR.

eb)(7C)c He didn't indicate to 24 me that he was going to do anything about it.

Like I 25 said, all I remember was the 26th of January I got NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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called into Employee Concerns to give them a

2 statement.

3 SPECIAL AGENT ROMERO:

Okay.

So you get 4

called in.

And what did they ask you, Employee 5

Concerns?

And who at Employee Concerns asked you?

6 MR.

Dave Hollabaugh 7

SPECIAL AGENT ROMERO:

Dave Hollabaugh.

8 MR.

b)(7C)C is the 9

superintendent of Employee Concerns, and he is the one 10 who interviewed me.

11 SPECIAL AGENT ROMERO:

This would've been 12 January late January of 2006?

13 MR.

Correct.

14 SPECIAL AGENT ROMERO:

You said 25th or 15 26th?

(b)(7C)c 16 MR.

I think it was a

17 Thursday.

It would've been the 26th.

That's just 18 because I think it was a Thursday.

19 SPECIAL AGENT ROMERO:

Okay.

So we'll say 20 approximately around the 26th of January --

21 MR.

b)(7C)c Correct.

22 SPECIAL AGENT ROMERO:

2006.

So you 23 talked to Mr. Hollabaugh because you were summonsed to 24 ECP?

  • b)(7C)c 25 MR.

EC, Employee NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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SPECIAL AGENT ROMERO:

The Employee 2

Concerns Program.

You were summonsed there to talk to 3

they called you to talk to them?

4 MR.

b)(7C)c Yes.

5 SPECIAL AGENT ROMERO:

Okay.

Now, what 6

did they talk to you about?

7 MR. (b)(70)c They asked me basically 8

everything that we've just discussed about b)(7C)c 9

b)(7C)c having a problem staying alert.

And it 10 took about 30 minutes to go through the sequence of 11 events, which are just exactly how I laid them out to 12 you and I laid them out to him.

I probably didn't --

13 I may have left a couple conversations out, but the 14 big timeframe picture was there.

15 SPECIAL AGENT ROMERO:

Did you tell them 16 that you had spoke with Mr.

b)(7C)c nitially back 17 in June of 2005?

18 MR.

Yes.

Yes.

19 SPECIAL AGENT ROMERO:

And you told them 20 you had spoken with Mr.

. in what was it?

21 January?

22 MR.

b)(7C)c January of '06.

23 SPECIAL AGENT ROMERO:

2006.

You told 24 them that you had gone to those managers?

25 MR.

b)(7C)c That's correct.

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SPECIAL AGENT ROMERO:

Okay.

And did they 2

give you any feedback at that time?

3 MR.(b)( 7C)c

Well, no.

He asked me 4

a question at the end off-the-record, so to speak.

5 SPECIAL AGENT ROMERO:

What is 2

6 off-the-record?

7 MR.

He didn't take any 8

notes about my reply, but he asked me specifically, he 9

said, "Well, how bad do you think this would be for 10 Callaway if a b)(7C)c wasn't alert in the 11 control, room or had fallen asleep?"

And I said it 12 would be very serious and that it was everybody 13 remembers the information about the Peach Bottom --

I 14 think it's Peach Bottom incident, where they had 1'5 people falling asleep there and took pictures and that 16 type of thing.

And I said, "It would be very bad for 17 us."

And that's really all I said.

18 SPECIAL AGENT ROMERO:

Okay.

So what 19 happened after that, sir, after that January late 20 January meeting with the ECP?

21 MR.

b)(7C)c That would've been 22 sometime in February, the first or second week of, 23 February.

b)(7C)c as taken off shift.

.24 SPECIAL AGENT ROMERO:

Okay.

So sometime 25 in February 2006 Mr. b(7C)c came off the shift.

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Do you know why he came off the shift?

2 MR.

b)(7C)c Yeah.

It was because 3

he was having trouble staying alert in the control 4

room, is what I had heard.

5 SPECIAL AGENT ROMERO:

Where did you hear 6

that from?

7 MR.

i can't remember.

It 8

may have been (7C)c because the 9

SPECIAL AGENT ROMERO:

But you don't know 10 for sure, sir?

11 MR.

Ib)(7c)c I don't know for sure.

12 SPECIAL AGENT ROMERO:

Can you recall who 13 told you that information?

14 MR. ýb)(7C)c I heard about 15 an SS meeting, a shift manager meeting, where they put 16 this information out to, like, four or five of the 17 shift managers, and they told them why he had come 18 off.

And I just heard it back from there.

It wasn't 19 when they put it out to us, it was just, b)(7C)c 20 b)(7C)c has been taken off shift."

It was an 21 e-mail sent out.

22 SPECIAL AGENT ROMERO:

So that was all?

23 Nobody --

you don't have any firsthand knowledge why 24 he was taken off shift?

That's what I'm saying.

I 25 mean, you can assume.. Assuming is one thing.

But you NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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56 1

don't have no firsthand knowledge based on an e-mail 2

or an individual telling you specifically that 3

information?

b)(7C)c 4

MR.

No.

I do not.

5 SPECIAL AGENT ROMERO:

And what you're 6

doing is you're just assuming that he came off based 7

upon that investigation that was done by ECP?

8 MR.

b)(7C)c Correct.

9 SPECIAL AGENT ROMERO:

Right?

10 MR.

ýb)(7C)c

Yes, sir.

11 SPECIAL AGENT ROMERO:

Okay.

I just want 12 to make sure that for the record.

There's a little 13 difference between assuming and knowing for sure.

14 MR.

ýb)(7C)c Yeah.

I'm --

I guess 15 I'm assuming too much sometimes.

16 SPECIAL AGENT ROMERO:

Okay.

Now, was 17 there anything after that, sir, before I get into some 18 other questioning, s'ir?

19 MR. [b)(7C)c No. Not that I that 20 was pretty much it.

Everybody was pretty relieved.

21 SPECIAL AGENT ROMERO:

Okay.

When you say 22 "everybody" who is who are you talking about 23 specifically,

sir, that's relieved about him being 24 taken off shift?

25 MR.

b)(7C)c The entire ops NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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department.

2 SPECIAL AGENT ROMERO:

So you could I

3 could name every person that's listed on the 4

operations department and they'd all be relieved?

5 MR.

b)(7C)c Probably.

6 SPECIAL AGENT ROMERO:

But you're 7

assuming.

Right?

8 MR.

ýb)(7C)c Right.

I don't have 9

specifics. b)(7C)c 10 b)(7C)c were relieved that that action had been 11 taken.

And I'm talking about the union members; the 12 ~)7~

13 SPECIAL AGENT ROMERO:

Okay.

All right, b)(7C)c 14 sir.

Did Mr.

ever tell you that he had 15 voiced concern to Mr. b)(7C)c "Hey, you got to take 16 this guy off because he's in you know, he's not 17 being attentive. Mr.

b)(7C)c s not being attentive 18 in the control room"?

19 MR.

b)(7C)c Yeah.

He told me that 20 he had told b)(7C)c that several times.

21 SPECIAL AGENT ROMERO:

When did he tell b*)(7C')c..

.. q 22 you that he told Mr.

b l*

<c that?

23 MR. b)(7C)c I think it was December 24 of 25 SPECIAL AGENT ROMERO:

Of 2005?

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58 1

MR.

fb)(TC)c]

2005.

He told me 2

that he had had a couple of different conversations 3

during the refuel with b)(7C)c about taking him --

4 that he needed to take him off shift.

5 SPECIAL AGENT ROMERO:

Okay.

And that 6

would've been approximately when, for the record, sir?

7 The outage, sir.

8 MR.

b)(7C)c The outage was 9

September --

middle of September until the middle of 10 November.

11 SPECIAL AGENT ROMERO:

Okay.

So Mr.

12 b)(7C)c came to you in December 2005 and told you 13 during the time period of the outage, which would've 14 been September, October 2005, that he had a couple of

  • )(c~c
  • ab)(7C)c 15 conversations with Mr.

about Mr.

b)(7C)c 16 not being attentive in the control room?

17 MR. (b)(7C)c Yes.

18 SPECIAL AGENT ROMERO:

Okay.

Did he tell 19 you in these conversations that he had with you about 20 his conversation with Mr.

did he say that 21 he felt that Mr.

b)(7C)c was going to take care of 22 it and was going to deal with it?

23 MR.

b)(7C)c:

You know, he never said 24 that.

He didn't -- now that I-think about it, I don't 25 recall him saying that he thoughtfb(c was going to NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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take care of it 2

SPE 3

b)(7C)c

-4 conversation w:

5 (b)(7C)c du:

6 talking to you 7

disappointed wi 8

taken by Mr.

9 MR.

10 that I'm referr 11 SPE 12 he was upset?

CIAL AGENT ROMERO:

Okay.

Was Mr.

ind I'm asking you because you had a ith him in December 2005.

Did Mr.

ring this conversation that he was did he seem like he was upset or

.th what the actions that were being 7c)c l

[b)(7C) c The one conversation ing to he did seem upset.

CIAL AGENT ROMERO:

And why do you say

~b)(7C)c 13 14 15 16 17 18 K 19 20 21 22 23 24 25 MR.

doesn't really get upset, but he talks a little louder and just a little faster when he is.

And that's that's the only reason I got that feeling that he was a little upset.

SPECIAL AGENT ROMERO:

And that's why you got that impression?

M R b)(7C lc MR.

b)(7Impression.

Yes.

SPECIAL AGENT ROMERO:

Okay.

Did you have any further conversation with him after that December 2005 conversation where he had come to you and told you that he was upset at Mr.

)r Mr.*"7C)c or anyone else?

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MR.

b)(7C)c He never pulled me b)(7C)c 2

aside and said, "I'rm upset with("

He 3

didn't pull me aside just to tell me that.

4 SPECIAL AGENT ROMERO:

Okay.

Did he ever 5

tell you he was going to the ECP program to report 6

this problem with Mr.

(b)(7C)c 7

MR.,)(70)c He told me after I had 8

been interviewed that he had went to them because of 9

the circumstances.

10 SPECIAL AGENT ROMERO:

So when would he 11 have told you this?

12 MR. b)C:

Well, let's see.

I 13 think it was that would've probably been late 14 February.

15 SPECIAL AGENT ROMERO:

Okay.

16 Approximately in late February 2005 Mr.

b)(7c)c 17 comes to you and tells

you, "Hey, I went to the ECP 18 and gave this allegation.

My allegation was that Mr.

19 b)(7C)c he had had information that Mr.

20

'was inattentive in the control room.

21 MR.

b)(7CO)c Yes.

22 SPECIAL AGENT ROMERO:

That's what he told 23 you?

I'm not putting words --

I want to know what he 24 told you.

25 MR.

b)(7C)c Well, I forget when we NEAL R. GROSS' COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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61 1

talked about it.

And I -- what I told him was --

2 b)(7C)c had come and talk to me the day that they 3

took off shift.

And I'm pretty 4

sure he thought that I had been the one that went to 5

Employee Concerns, because he was saying,"I know that 6

I told you this and I told you that.

And I just 7

wanted to" -- he said, "I just want you to know that" 8

I can't even remember what he said now.

9 But he talked to me the day that 10 b)(7G)c was taken off shift.

And I

got the 11 impression that he thought I was the one that had went 12 to Employee Concerns.

And 13 SPECIAL AGENT ROMERO:

Well, the --

but 14 the

see, now, I'm a little this record is 15 reflecting something different, because earlier you b)(7C)c

-)

16 said that Mr.

J had come to you and told you 17 that he had gone to the ECP and reported this 18 allegation.

19 MR.

That was late February.

20 I didn't --

21 SPECIAL AGENT ROMERO:

Okay.

Late 22 February he told you that he had reported it?

23 MR.

b)(7C)c Correct.

24 SPECIAL AGENT ROMERO:

But you're saying 25 that prior to that late February 2006 conversation you NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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1 2

3 4

5 6

7 8

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 62 had with Mr.

)(7C)c that Mr.

had had a previous conversation' with you earlier than that timeframe and told you that he felt that you were the one that had gone to the ECP.

oR.

b)(7C)c b)(7C)c SPECIAL AGENT ROMERO:

oh,b)7c b)(7C)c MR.

E I'm sorry.

I must have said the wrong name.

SPECIAL AGENT ROMERO:

Okay.

All right.

Then Mr.

b)(7C)c So when Mr.

_- youIre saying that when Mr.

b)(7C)c had been taken off shift and on that same day herd come down and talked to you, Mr.

)had come down and talked to you. Correct?

MR.

c Yes.

SPECIAL AGENT ROMERO:

And that you felt that he thought you were the one that had gone to ECP?

MR.

CYes.

SPECIAL AGENT ROMERO:

And how --

why did you get that feeling, sir?

MR.

=b)(0)c Just because he had --

he mentioned something about explaining he was trying to explain why -- he didn't really tell me why anything didn't happen.

It was more like, "I don't --

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63 1

this up."

He said something like that.

And --

2 SPECIAL AGENT ROMERO:

And you didn't say 3

to him, "Why are you telling me that?"

M b)(7C)c 4

MR.

I told him, I said, "I 5

don't know why it came up, either.

I didn't go to 6

them."

I said, "It wasn't any union people that went 7

to them,"

is what I told him that day.

8 SPECIAL AGENT ROMERO:

And why did you 9

make sure and tell him that day that?

10 MR. (b)(70)c I was concerned about 11

myself, I guess.

I 12 SPECIAL AGENT ROMERO:

I mean.

That's 13 what I'm asking you on the record, sir.

14.

MR.

b)(7C)c I

didn't I didn't 15 want him thinking that I went to them, although that's 16 where I was probably going to go if I hadn't been 17 called in and interviewed by them..

I was running that 18 over in my head.

That was the only place I knew --

I 19 thought that was my next stop, and then they called me 20 for an interview.

21 SPECIAL AGENT ROMERO:

Okay.

So you were 22

now, for the record, this is a different line of 23 questioning, sir.

So you were contemplating going to 24 the Employees Concerns Program about Mr.

b(C 25 being inattentive in the control room if nothing had NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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64 1

happened like it did in January 2005 when you were 2

called in.

Correct?

3 MR.

b)Gc 1

That's correct.

4 SPECIAL AGENT ROMERO:

January 2006.

I'm 5

sorry.

6 MR.

)(7C)c Yes.

'06.

7 SPECIAL AGENT ROMERO:

So you were already 8

thinking about that?

9 MR.

Yb)(C)c Yeah.

There was a 10 two-week block there I didn't know what to do.

I 11 really didn't know, and I was thinking that --

I was 12 thinking that was the only place I had to go.

13 SPECIAL AGENT ROMERO:

Okay.

All right.

  • 14 So let ' s move on to Mr.

b)(7C)c now.

So Mr.

15 omes down and tells you in February, late 16 February 2006 that, hey, that he had gone to the ECP 17 and reported this allegation to the ECP.

Correct?

18 MR.

Yes.

19 SPECIAL AGENT ROMERO:

Did he say anything 20 further after -- about that?

Did he say, "Hey, I'm 21 concerned about management" or anything like that?

22 MR.

(7C)1 I'm trying to think 23 when it

-- well, I know that told 24 7c)c sometime in February or

March, 25 whenever they were doing their bonuses,

'05 that -- he NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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65 1

told

)(7C)c that he was the one that went to 2

ECP.

3 SPECIAL AGENT ROMERO:

Oh, he told b)(7c 5

MR.

Yes.

6 SPECIAL AGENT ROMERO:

That 's what Mr.

7 b)(7C)c told you?

8 MR.

b)(7C)c Yeah.

9 SPECIAL AGENT ROMERO:

Okay.

10 MR.

1".....

And this came up 11 because b)(7C)c was very upset because he had not

, 12 gotten his bonus or a pay raise that everyone else had

.13 gotten in

'05 for 2005.

I don't know how their 14 bonuses and raises work.

It's different than the 15 union's.

But it's

-- the first part of the next year 16 is when they get their bonuses for the previous year 17 and raises for the next year.

18 SPECIAL AGENT ROMERO:

Okay.

So you just b)(7C)c 19 got information based on what Mr.

told you?

20 MR.

Vb(7C~c That's correct.

21 SPECIAL AGENT ROMERO:

Do you know if Mr.

22 b)(7C)c was ever promised a certain amount of a 23 bonus?

24 MR.

tb)(TC)c I don't know that he 25 was ever promised a certain amount.

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66 1

SPECIAL AGENT ROMERO:

Okay.

You wouldn't 2

have that information or you wouldn't know that 3

information?

by(7C~c 4

MR.

No.

Not in 5

SPECIAL AGENT ROMERO:

Okay.

That's what 6

I need.

Do you know if Mr.

(7C)c was 7

discriminated against because he brought that 8

allegation to the ECP, that he suffered any type of 9

discrimination?

Any adverse action against him?

10 MR.

b)(7C)c I

don't have any 11

concrete, in writing that it happened.

But it's 12 pretty obvious to me that something went on.

13 SPECIAL AGENT ROMERO:

Why do you say it 's

" 14 pretty obvious, sir?

MR.

b)(7C)c The main reason is 16 because b)(7C)c.crew, has the best 17 performance record of any crew for the last two years.

18 SPECIAL AGENT ROMERO:

And how do you know 19 that, sir?

How do you know that, sir?

20b)(7C)c I've got that 21 information to give you here.

22.

SPECIAL AGENT ROMERO:

Okay.

23 MR. F)(7I~c):

After --

or when you're 24 ready to receive it.

25 SPECIAL AGENT ROMERO:

Okay.

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67 1

MR.

b)(7C)c It's I don't have 2

all of it.

I have what I had access to.

But it's 3

graphs of crew performance, training performance, and 4

it's if you go through the CARS, Callaway Action 5

Reports or Corrective Action Report System at 6

Callaway, there's a trail there.

7 And like I said, there used to be a

8 document or there's -)(7c had access to 9

a program, and he had it tracked by crew.

And he 10 looked at it that'one night in October and said, "No.

11 crew -- " or, "He is not the worst 12 b

or, b)(7C)c wasn't the best He 13 had that information in front of him.

14 And the way I understand it and this is 15 something I heard from b)()c was he had 16 to he had got very upset when he found out he 17 didn't get a bonus for 2005, and he --

18 SPECIAL AGENT ROMERO:

So he didn't get 19 one at all?

20 MR.

b)(7C)c I don't know.

I don't 21 know.

22 SPECIAL AGENT ROMERO:

Okay.

23 MR. (b)(7C)c He did not get --

24 SPEC A-L-7MENT--C MERO:

I mean, you just 25 said the statement, sir, that he didn't get a bonus in NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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68 1

2005.

2 MR.

b)(7C)c And I'm basing that on 3

the fact --

I don't know if it was didn't get all of 4

it or didn't get any of it or got part of it.

I'm not 5

sure.

6 SPECIAL AGENT ROMERO:

Okay.

7 0 MR.

(b)(7C)c

b)(C)c only said that 8

it was b(7c)c was the figure that he threw out, 9

that by not getting a raise and not getting whatever 10 bonus he didn't get, whether it was part or all.

11 SPECIAL AGENT ROMERO:

So this was all 12 based on what Mr.

b)(7C)c told you?

13 MR.

b)(7C)c Yes.

14 SPECIAL AGENT ROMERO:

Not based on 15 information you may have obtained from some other 16 source?

17 MR.

b)(7C)c That's correct.

18 SPECIAL AGENT ROMERO:

And, I
mean, 19 another source would've been his supervisor or upper 20 management.

21 MR. b)(7C)c The-- yeah.

I did not 22 get that information from upper management.

23 SPECIAL AGENT ROMERO:

Okay.

Or some 24 official Callaway memorandum or e-mail or something to 25 that effect?

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3 4

5 6

7 8

9 10 11 12

  • 13

{ 14 15 16 17 18 19 20 21 22 23 24 25 69 MR.

b)(7C)c No.

They don't put that information out.-

SPECIAL AGENT ROMERO:

Okay.

That's what I'm saying.

I'm just saying, you just got from Mr.

.b)(TC) told you.

MR.

b)(7C That's correct.

SPECIAL AGENT ROMERO:

Okay.

And he felt that he he threw out the figure that he was out b)(7C)c whatever it sorry.

MR.

b)(7C)c That's correct.

SPECIAL AGENT ROMERO:

Or based on is.

Okay.

Do you know go ahead.

I'm b)(7C)c

]

MR.

And he said that during one of these meetings with b)(7C)c that)(Cc didn't even know that "C)C ad the best performance for the last two years.

Because b). (7C)c entioned that to him, and then he went and looked and said, "Yeah, you're right.

You guys do have the best performance for the last two years of any of the crews."

So it bothers me that that information wasn't known before they assigned bonus or gratuities for the 2005.

SPECIAL AGENT ROMERO:

Well,, you' re saying that based on what b)(7C)c is telling you or by what Mr. b)(7c)c is telling you?

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70 b(C b)(7C)c 1

MR.

That ' s what 2

told me.

3 SPECIAL AGENT ROMERO:

Okay.

But 4

MR.

b)(7C)c That he didn't know 5

before that day.

6 SPECIAL AGENT ROMERO:

That Mr.

(7C)c 7

didn't know that that. information that he had given 8

you prior to that conversation by Mr.

Ib)(7C)c Is 9

that what you're saying, sir?

10 MR. b(CcNo.

b)(7C)c

11.

gave me the information that b(0cdid not 12 know that b erformance was that good before 5" 13 that day that they were having this discussion, and he 14 had already not got his bonus for '05.

15 SPECIAL AGENT ROMERO:

And this is what 16 Mr.bC)c told you?

_b)([67C)c 17 MR.

b That's correct.

18 SPECIAL AGENT ROMERO:

And no other 19 source?

20b)(7C)c No other source.

21 SPECIAL AGENT ROMERO:

Okay.

Now, do you 22 know if Mr.

so you're saying that you feel that he 23 did get adverse actions based on not getting what Mr.

24.

b(7C)c claimed that he didn't get the bonus he 25 should've received?

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71 1

MR.

(b)(7C)c Yeah.

I don't think 2

there's any reason for that., other than he was a big 3

pain in the -butt trying to get them to do something 4

aboutb)7)c And maybe that was inappropriate to 5

say, 6

SPECIAL AGENT ROMERO:

No.

But, sir, but 7

you really didn't know that he was that he had 8

reported up to ECP, so how would you know that --

9 MR.

Well, the fact that he 10 kept talking --

he talked to b)(7C)c couple times 11

saying, "Hey, you need to do something about this."

12 That's the only reason I see for it.

I don't --

13 SPECIAL AGENT ROMERO:

So you characterize

  • 14 him going to b)(70)c being a pain in the butt?

15 MR.

b)(7C)c Yeah.

I think so.

16 SPECIAL AGENT ROMERO:

Okay.

All right.

'17 MR.

b)(7C)c And I don't believe 18 0)(7C)6 was trying to be a pain in the butt.

He was 19 trying to get the right thing done.

20 SPECIAL AGENT ROMERO:

Right.

But, I

21

mean, you characterized by him going to his upper 22 manager that that's

-- to going and telling him about 23 that is being a pain in the butt.

I don't understand 24 that.

25 MR.

b)(7C)c It's just I guess NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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72 1

it's my management, my ops management, t

1 § 2

and b)(jC)c they don't like to deal with 7

3 things like that.

4 SPECIAL AGENT ROMERO:

Did they tell you 5

that?

6 MR.

(b)(7C)cI No.

It's just a

7 perception that not --

8 SPECIAL AGENT ROMERO:

It's-your opinion, 9

your perception?

10 MR. f My opinion.

Yes.

11 SPECIAL AGENT ROMERO:

Okay.

So Mr.

12)b)(7Cc b)(77C)c 12 r Mr.

ever told you, "Hey, 13 "b)(7C)c

--is a pain in the butt because he keeps 14 coming in here with this allegation"?

15 MR. !!)(7)c That's correct.

They 16 never said that.

17 SPECIAL AGENT ROMERO:

Okay.

And you 18 never got information from another individual that may 19 have heard Mr.Lor Mr.

b)(70)c say that?

20 MR.

b)(70)c Let me look real quick.

21 This was later. I had to start writing things down 22 because I didn't trust them.

23 SPECIAL AGENT ROMERO:

Let's go ahead and 24 get off-the-record. We're going off-the-record at 5:13 25 p.m. on the interview of Mr.

b)(7C)c NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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73 1

(WHEREIN; a

discussion was held 2

off-the-record.)

3 SPECIAL AGENT ROMERO:

Okay.

Back on the 4

record.

And the time is 5:19 p.m.

The interview of 5

Mr.

b)(7)c.

J Mr.

,b)(7C)c we were talking 6

about Mr.,b)(7c)c He had told you that he didn't 7

-- we're going back over this, sir.

That he felt that 8

he was slighted in some way of in bonus money 9

that he should have received for his performance in 10 2005.

Correct, sir?

11 MR.

b)(7C)c hat's correct.

12 SPECIAL AGENT ROMERO:

And you felt that 13 it's an adverse action based upon his job performance 14 that he had done and his crew had done.

Correct?

Ib)(TC)c 15 MR.

I didn't feel that that 16 was warranted for our crew performance, I guess would 17 be the better way to say that.

18 SPECIAL AGENT ROMERO:

Okay.

Okay.

[b)(TC)c 19 MR.

It was a result of his 20 performance appraisal.

He was rated as b)(7c)c 21 b)(70)c on his performance appraisal at the end 22 of the year, or the final.

And if you're rated -- and 23 this was a corporate decision that if you're rated 24

[b)(7C)c that you would not get bonus or 25 raise for '06.

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SPECIAL AGENT ROMERO:

Okay.

Sir, does 2

this appraisal, does it have more than -- does it have 3

more than one category of where a person is evaluated?

4 So was it just one category that he was 7

or was it the entire evaluation?

Do you 6

understand where I'm coming from, sir?

7 MR.

ib)(7C)c I understand where 8

you're coming from, and I don't know because I haven't 9

seen their form.

I don't know if it looks like the 10 ones that they show me for my appraisal, if it's 11 different.

There's usually like four areas on mine --

12 SPECIAL AGENT ROMERO:

Okay.

13 MR.

O)(7c)c where they rate you.

14 SPECIAL AGENT ROMERO:

So you Mr.

15 b)(7C)c never showed you his appraisal?

16 MR.

b)(7C)c That's correct.

I 17 never saw it.

18 SPECIAL AGENT ROMERO:

Okay.

Mr.

b)(7C)c 19 just told you about his appraisal?

20 IMR.

b)(7c)c Yes.

21 SPECIAL AGENT ROMERO:

And when did Mr.

22 b)(7C)c tell you about his appraisal?

23 MR. b)(7c)c It was either February, 24 March timeframe of '06.

25 SPECIAL AGENT ROMERO:

Okay.

And he told NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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75 1

you, he said, "Hey" I don't know if he addresses 2

you b_

b)(7C)c-or --

I don't know how he addresses you.

3 But did he say, "Hey, this is what I got.

I 4

got b)(7C)c on my evaluation"?

5-MR.

b)(7C)c He calls me FfZ)7O)cfhen 6

he talks to me.

7 SPECIAL AGENT ROMERO:

Okay.

8 MR.

b)(7C)c But it was not--

he 9

didn't catch my attention just to tell me that.

He 10 was telling (ph) 11 SPECIAL AGENT ROMERO:

Who is b)(7C)c 12 b)(7C~c 13 MR.

b)(7C)c tb)(7C)c

,:*!* 14 b)(

is my otherb)(7c)c 15 Ib)(1C)c 11 He was telling us as a group what had 16 happened because the week that he got the appraisal 17 and the information that he wasn't going to get his 18 bonus or his money, whatever, that he wasn't on shift 19 with us for three days.

20 They didn't allow him to stand watch 21 because he was upset.

And when he came back the next 22 week or Friday, whenever it

was, then he shared with 23 us what had happened to explain why he was gone, and 24 that's part of what he told us.

25 SPECIAL AGENT ROMERO:

All right'.

So let NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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76 1

me just put this in perspective, sir.

So with the 2

managers at Callaway, they -- their bonuses is somehow 3

derived from their evaluation, their job performance 4

evaluation?

5 MR.

b)(7C)c That's correct.

6 SPECIAL AGENT ROMERO:

So if they do a 7

certain --

if they get to a certain level, then that 8

will give them a certain level of bonus?

9 MR.

b)(7C)c I assume so.

10 SPECIAL AGENT ROMERO:

Okay.

You're 11 assuming.

You don't know, sir?

12 MR.

[b)(7C)c I don't know exactly.

13 But performance appraisal is related to bonus.

14 SPECIAL AGENT ROMERO:

And you know this 15 how, sir?

How do you know this?

16 MR.

b)(7C)c Because when I was --

17 I recently did an INPO ENA at Callaway.

In one of the 18

meetings, our plant manager, which is Thibault 19 Ludwig Thibault is his name -- he made mention of he 20 wanted to broadcast that as a strength to the info 21 evaluation team.

22 SPECIAL AGENT ROMERO:

What's INPO, for 23 the record, sir?

24 MR.=b)(c)c Institute of Nuclear 25 Power Operations, I believe.

But he wanted to propose NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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77 1

that as a strength, their job performance evaluation 2

process.

And I spoke up at that meeting and said that 3

I wouldn't do that if I were you because everyone at

/

the plant won't support that as a strength for 5

Callaway, because a lot of folks didn't get raises and 6

bonuses as a direct result of the change in that 7

program.

So that's how I know it's related to pay, 8

but I don't know how they come up with that.

9 SPECIAL AGENT ROMERO:

Okay.

So you --

in 10 your opinion, sir

-- this is now, I'm asking your 11 opinion, sir.

12 MR.

b)(7C)cOkay.

{ 13 SPECIAL AGENT ROMERO:

In your opinion, 14 Mr.

)(7C)cid suffer adverse actions based on him

.15 not receiving a bonus and the lower job performance?

16 MR.

tb)(7C)c That's my opinion, yes.

17 SPECIAL, AGENT ROMERO:

For bringing up the 18 allegation -- or bringing forth the information to the 19 ECP and to their and to his managers about Mr.

20 b)(7c)c being i attentive in the control room?

21 MR.

)(7C)c I believe it is the 22 latter part of what you just said.

23 SPECIAl AGENT ROMERO:

Okay.

Tell me 24 correct me for theirecord, sir.

25 MR.

b)(7c)c For the record, i

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78 1

believe it is for bringing up the concerns with b)(7C)c b)(7C) c 2

prior to. going to ECP.

Because I don't 3

remember the exact timeframe, but b)7C)c id 4

not find out for sure that b)(7C)c went to 5

ECP until that week that he was given the information 6

about his bonus.

Does that make sense?

7 SPECIAL AGENT ROMERO:

Yes, sir.

It does.

8 MR.

b)(7C)c Okay.

9 SPECIAL AGENT ROMERO:

Okay.

Was there

10.

any other adVerse actions that you know of that 11 occurred to Mr.

)(7C)c 12 MR.

b The performance b)(TC)c

13 appraisal process, he was rated as 14 And he was telling us later and they get a

15 quarterly performance appraisal now --

and that he 16 said I believe he said that he was still being 17 scrutinized for little things in his performance 18 appraisal.

19 An example that he gave was he missed a 20 phone call Sunday morning.

He was three minutes late 21 for a bridge line call to the managers.

And when he 22 got his performance appraisal for that quarter, it 23 showed up on his performance appraisal and went in his 24 "B"

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79 1

some kind of wording, is what he shared with us that 2

that had happened.

Ib)(7C)c 3

SPECIAL AGENT ROMERO:

That Mr.

4 felt that he was being scrutinized?

5 MR. ýb)(7C)c Yes.

6 SPECIAL AGENT ROMERO:

Based on what had 7

happened to him, that he had missed -- he was late on 8

a call three minutes and that he had been written, up 9

for that and it had been placed in his personnel file?

[b)(7C)c 10 MR.

That's correct.

And I 11 know for a fact my current shift manager has missed 12 that call, been late for that call twice in since 13 August.

And I would -- I don't know, but I would bet

f.

14 that he has not had a "B" file

-- or a letter put in 15 his file for that.

16 SPECIAL AGENT ROMERO:

And who is your 17 manager?

18 MR. rb)(7C)c (ph).

19 SPECIAL AGENT ROMERO:

And you're sure 20 that Mr.

J

.c issed that --

was late to that call 21 also, the exact same call that Mr.

))c was 22 written up for?

23 MR. (b)(7C)c Yeah.

And we started 24 setting timers for him, to help him --

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80 1

bridge line call.

2 SPECIAL AGENT ROMERO:

Okay.

Ib)(7c)c i

3 MR.

And I don't know if 4

I'm sure other shift managers have been late, and I 5

don't know if they've been scrutinized for that or 6

not.

But in this instance, I do --

I do think that --

7 I know that b(7C)c was because he had a letter put in 8

his file, and I would bet that was not --

does 9

not have a letter in his file for missing that.

10 SPECIAL AGENT ROMERO:

And you know he has 11 a letter in his file because Mr.

b)(7C)c told you?

12 MR. r

.That's correct.

13 SPECIAL AGENT ROMERO:

And when did Mr.

14 b)(7C)c ell you this?

15 MR.

b)(

April, May timeframe.

16 SPECIAL AGENT ROMERO:

April, May 2006?

17 MR. b(7C)cj Yes.

18 SPECIAL AGENT ROMERO:

Okay.

And this 19 call would've been when, that he was three minutes 20 late?

21 MR.

b)(7C)c April, May 2006.

22 SPECIAL AGENT ROMERO:

2006.

23 MR. [b)(7C)c Somewhere in there.

24 SPECIAL AGENT ROMERO:

Okay.

Is there 25 anything else, ýsir, you can think of?

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1 2

3 4

5 6

7 8

9 10 11

%,;.: 12 13 j*

14 15 16 17 18 19 20 21 22 23 24 25 81 MR b)(7C)c MR.

No.

I don't --

I can't think of anything else.

I've got this stuff to give you, but I don't know if it will help.

SPECIAL AGENT ROMERO:

All right.

Sir, have you ever reported a safety concern to management?

Not just this one, but any of them.

Have you reported one in the past before?

MR.

ýb)(7C)c I've brought up concerns before, whether it be safety or just a general concern.

And I've always had those taken care of.

SPECIAL AGENT ROMERO:

Okay.

So what I'm asking you is:

Is management open to employees bringing safety concerns to them?

MR. b)(7C)c Yes.

SPECIAL AGENT ROMERO:

Okay.

Not personnel.

I'm talking about --

for the NRC, the NRC, what we do is regulate the industry, but we want to make sure that the plant is run safely.

That's where we're at, is the --

we're not as far as we don't handle personnel.

That's the Department of Labor.

We handle more the making sure that the plant is run safely.

Now, if someone is being told not to report a certain thing we want to know.

So what I'm asking you:

Is there a chilled effect out there at Callaway?

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82 b)(7C)c 1

MR.

There may be.

2 SPECIAL AGENT ROMERO:

Why do you say 3

that, sir?

4 MR.

b)(7C)c Because there was a

5 operations safety culture survey done in March of '06 6

by Employee Concerns, Dave Hollabaugh.

And rb)7c)c1 7

b)(7C)c decided that they needed to do the survey.

8 And Employee Concerns sent out the survey, and it was 9

a two-or three-page report.

And we all filled out --

10 or about 80 percent of the people filled out these 11 surveys and sent them back to Employee Concerns.

V12 And in August, the last week of August in 13

'06, we had a week of training, and they; Dave 14 Hollabaugh, bpresented

{ 15 a PowerPoint on the safety culture survey.

And my 16 opinion is there was a whole lot of negative comments 17 in there about operations management, which leads me 18 to believe there could be a chilled effect on bringing 19 up--

20 SPECIAL AGENT ROMERO:

There could be, but 21 you don't know if one is if there --

22 MR.

b)(7C)c I don't know that for 23 a fact.

That's true.

24 SPECIAL AGENT ROMERO:

But I mean, do you 25 feel that you can go and bring up a safety concern to NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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management?

. b)(7C)c I

2 MR.

I Ido.

3 SPECIAL AGENT ROMERO:

And you would be --

4 there wouldn't be no repercussions?

5 MR.

b)(IC)c That's correct.

6 SPECIAL AGENT ROMERO:

Okay.

So that's 7

not a chilled effect.

8 MR.

ýb)(7C)c I don't have a chilled 9

effect.

10 SPECIAL AGENT ROMERO:

Okay.

You're not 11 chilled.

Does anybody in your work area that you talk 12 to come up and told you, "Hey, I feel like I can't go 13 and report safety concerns and, you know, I'm afraid 14 to do it"?

15 MR.

b)7~

I kno-b)

(7 C) c 16 is very concerned about bringing anything up because 17 he's afraid of being picked on or scrutinized more 18 closely.

19 SPECIAL AGENT ROMERO:

He's afraid?

He's V

20 told you this?

21 MR. ýb)(TC)c He hasn't told me that 22 he's afraid.

23 SPECIAL AGENT ROMERO:

Okay.

24 MR.

b)(7C)c But he has made mention 25 of not wanting to bring things up.

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SPECIAL AGENT ROMERO:

Well, we want at 2

the NRC we want everybody to bring up any safety 3

concerns because that. plant is number one --

Ib)(7Cc 4

MR.

I Understand.

5 SPECIAL AGENT ROMERO:

as far as 6

safety.

We don't want anything to go wrong with that 7

plant.

Zero.

Anything that could be stopped humanly 8

possible.

9 MR.

b)(7C)c Right.

10 SPECIAL AGENT ROMERO:

And that is our 11 number one goal is the safety of that plant and, of

%. 12

course, its workers.

The workers are the ones that 13 make it run.

14 MR.

Right.

15 SPECIAL AGENT ROMERO:

All right, sir.

Is 16 there anything else you'd like to elaborate on, sir, 17 that we may have missed?

I'll go over these 18 documents,

sir, after the --

we're done with the --

19 we've terminated this interview, unless you think it's 20 very important and we need to put it on the record, we 21 will.

Is there anything else,

sir, you'd like to 22 elaborate on that we've talked about today?

23 MR.

b)(7C)c No.

I can't think of 24 anything.

25 SPECIAL AGENT'ROMERO:

Okay.

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sir.

Have I or any other NRC representative here 2

which would be me threatened you in any way or 3

promised to give you any type of reward for the --

for

4.

your interview given today?

5 MR. b)(7C)c No, sir.

6 SPECIAL AGENT ROMERO:

Have you given this 7

interview voluntarily?

8 MR.

b)(7C)i

Yes, sir.

9 SPECIAL AGENT ROMERO:

Okay.

And is there 10 anything else you care to add to the record, sir?

11 MR.

b)(7c)c No.

I can't think of 12 anything.

13 SPECIAL AGENT ROMERO:

All right, sir.

14 Just for the record, I want to let you know, thank you 15 for talking to us.

We appreciate that, and we welcome 16 the chance to hear you in helping us with this 17 investigation.

All right. Thank you, sir.

18 MR.b)(7C)c I

I Thank you.

19 SPECIAL AGENT ROMERO:

This interview is 20 concluded, and the time is 5:32 p.m.

21 (The interview was concluded at 5:32 p.m.)

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