ML073200695
| ML073200695 | |
| Person / Time | |
|---|---|
| Site: | Callaway  |
| Issue date: | 11/02/2006 |
| From: | NRC/OI |
| To: | |
| References | |
| 4-2006-035, FOIA/PA-2007-0335, NRC-1313 | |
| Download: ML073200695 (45) | |
Text
Official. Transcript of Proceedings NUCLEAR REGULATORY COMMISSION Interview ofJ(b)(7C)c
Title:
Docket Number:
4-2006-035 Location:
Fulton, Missouri Date:
Thursday, November 2, 2006 Work Order No.:
NRC-1313 Pages 1-24 NEAL R. GROSS AND CO., INC.
Court Reporters and Transcribers 1323 Rhode Island Avenue, N.W.
Washington, D.C. 20005 (202) 234-4433
~N~I anformaion in this record was deleted In accordance with the Freedom of Informaion Act.
Exemptions FOINPA
1 1
UNITED STATES OF AMERICA 2
NUCLEAR REGULATORY COMMISSION 3
4 OFFICE OF INVESTIGATIONS 5
INTERVIEW 6
x 7
INTERVIEW OF 8 (b)(7C)c CASE NO.
04-2006-35 9
(CLOSED) 10 x
11 Thursday, November 2, 2006 12 Callaway Nuclear Plant 13 Fulton, Missouri 14 2 15 The above-entitled interview was conducted at 8:00 A.M.
16 BEFORE:
17 Special Agent, STEVE ROMERO 18 FOR THE CALLAWAY NUCLEAR PLANT:
19 PILLSBURY,
- WINTHROP, SHAW,
- PITTMAN, LLP 20 2300 N.
Street, NW 21 Washington, DC 20037 22 202-663-8000 23 By: Mr.
J.
Patrick Hickey 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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MR.
ROMERO:
For the record, this is an 2
interview of Mr.l-*IJmiddle initialI last name 3
b)(7C)0 1who is employed at Callaway Nuclear Power 4
Plant.
The date is November 2nd, 2006, and the time is 5
approximately 8:04 a.m.
6 Mr. \\J'_Q
, could you please state and 7
spell your full name for the 'record?
8MR.
(b)(7C)c 9 b7C 10 MR.
ROMERO:
Sir, what is your current 11 job title?
12 MR. 1b)(7C)c (b)(7C)c 13 (b)(7C)c 14 MR.
ROMERO:
Okay.
Present at this 15 interview are Special Agent Steve Romero from the 16 Nuclear Regulatory Commission's Office of 17 Investigation, Region 4, Arlington, Texas.
Also 18 present are Mr.
is Mr. (b)(7C)c lwho is being 19 interviewed and Mr.
Patrick Hickey, who is an attorney 20 that is representing Mr.
Hickey (sic).
Also present is 21 court reporter Lisa Banks.
This interview is being 22 tape recorded and will be transcribed by Ms.
Banks 23 and/or Neal Gross and Associates.
24 The purpose of this interview is to 25 ascertain facts concerning an allegation regarding NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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discrimination against aj(b)(7C)c for raising safety concerns.
Mr.
J)D could you please stand and raise your right hand?
(Witness sworn.)
MR.
ROMERO:
Does your employer require you to have an attorney present when you talk to the NRC?
MR. I(b)(7C)cI:
No.
MR.
ROMERO:
Is Mr. Hickey acting as your personal representative today?
MR.
Yes.
He is.
MR.
ROMERO:
Did you select him or did the company select him for you?
MR. J(b)(7C)c:
I selected him.
MR.
ROMERO:
Okay.
On that question --
MR. J(b)(7C)c:
I guess.
Is that the right answer?
MR.
ROMERO:
Okay.
I'll make it more clear for the record, sir.
That the company offered him to you and then you agreed to take --
MR.
L Yes.
MR.
ROMERO:
to have him.
Right?
MR.b 7c Yes, sir.
MR.
ROMERO:
These are questions for NEAL R.GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N,W.
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Mr. Hickey.
Mr.
Hickey, who is your employer?
2 MR.
HICKEY:
I'm with the firm 3
Pillsbury, Winthrop, Shaw, Pittman, in Washington D.C.
4 And I represent Mr.jI(
Z here today as well as 5
AmerenUE and other witnesses in this investigation.
6 MR.
ROMERO:
Sir, do you believe that a 7
conflict may arise during the course of this interview?
8 MR.
HICKEY:
I do not.
And if that were 9
to happen, I would address that with Mr. l(b)(7C)cl and we 10 would resolve it.
11 MR.
ROMERO:
Okay.
All right.
12 Mr. (b)(7C)c do you understand that Mr. Hickey
_13 represents other parties associated here at Callaway 14 that are involved in this investigation?
15 MR. J(b)(7C)c 1: Yes.
16 MR.
ROMERO:
Okay.
With that 17 understanding, do you still want Mr. Hickey as your 18 representative today?
19 MR. I(b)(70)c:
Yes.
20 MR.
ROMERO:
Okay.
Thank you.
21 DIRECT EXAMINATION BY MR.
ROMERO:
22 Q.
Mr.
b()(7C)Cc will you please tell us for 23 the record what your educational background is?
24 A.
Are you talking formal education?
25 Q.
- Yes, sir.
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A.
(b)(7C)c 2\\
3 Q.
Okay.
And you obtained that degree 4
when, sir?
Approximately, sir.
5 A.
December I think.
6 Q.
Okay.
An. what --
from what university 7
or college?
8 A.
University o[b1)(7C) c 9
Q.
Okay.
And you also have received 10 training here at Callaway pertaining to your job, sir?
11 A.
Yes.
I'm ai(b)(7C)c 12
[(b)(7C)c I was licensed Xb)(7C)C
- 13,b)(7C~c.
I Or excuse me. (b)(7CFc 14 F"ý 15 MR. HICKEY:
Did you say (b)(7C)c 16 THE WITNESS:
b)(7C)c 17 BY MR.
ROMERO:
18 Q.
Okay.
So you've received quite a bit of 19 training pertaining to your job?
20 A.
That's correct.
21 Q.
Okay.
All right, sir.
Can you just 22 tell me for the past ten years,
- sir, what your 23 employment background is?
If it goes back further, you 24 can just tell me when you started here.
25 A.
I started here inK(
, worked in NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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kw;L ),I.JI.
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10 Q.
Okay.
11 A.
That's a bit of my life story.
12 Q.
All right, sir.
All right.
Sir, do you 13 know an individual by the name of (b)(7C)c si 14 A.
Yes.
I do.
15 Q.
And how do you know him, sir?
16 A.
Through operations department, from the 17 time he hired on here at Callaway to the present.
18 Q.
And that would've been when?
When was 19 the first time that you had met him?
20 A.
When he first hired on, approximately 21
- 1985, somewhere in there.
That's just a guess.
22 Q.
So you've known him for approximately 20 23 years or more?
24 A.
That's correct.
25 Q.
And you've known him through the job 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 here at Callaway?
A.
That's correct.
Q.
Okay.
A.
I have not interfaced with him outside of work.
Q.
Okay.
And have you ever been his supervisor, sir?
A.
Yes.
Q.
Oh, you have.
Can you tell me on what occasions you've been his supervisor?
A.
The period that I was theb)TZ (b)(7C)c I had direct supervision of the shift --
well, actually, all of b(CcSo 7~
would've been his direct supervisor.
Q.
You were his direct supervisor.
He would've reported directly to you?
A.
Correct.
Q.
Okay.
And then after 2001, would you have still been in his chain of management that he reported to?
A.
No.
I was in the b)(7c)c rb)(7C)c I1 b)(7C)c Q.
Okay.
And then afte I A.
I came back to operations NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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(202) 234-4433
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and then he was indirect under me.
2 Q.
That means there would've been a 3
supervisor between you and him?
4 A.
That's correct.
5 Q.
So you would've been his second line 6
supervisor?
7 A.
I was al(b)(7C)c There was a 8
second line supervisor between myself andl(b)(7C)c 9
Q.
Okay.
He would\\'ve reported --
just for 10 the record,
- sir, can you tell me who those individuals ii would've been from --
you said from June 2002 to --
12 what was the last date, sir?
13 MR.
HICKEY!
2003.
14 THE WITNESS:
The way we were structured 15 back then, it would've been myself as a(b)(7C)c 16 (b)(7C)C ras the1('b)(7C)C and then 17 1j I
ould've reported to(
7 That changed in 18 sometime early in 2004.
I don't remember exactly when.
19 (b)(7C)c Icame over to be the (b)(7C)c 20 (b)(7C)c and (b)(7C)C was the 21 1(b)(7C)c Ituff.
Okay.
So that changed in 22 early 2004 sometime.
I can't tell you when.
23 BY MR.
ROMERO:
24 Q.
So in early 2004 when it
- changed, sir, 25 it would've been Mr. (b)(7C)c would've reported t NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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Mr. (b)(7C)c Correct?
2 A.
Correct.
3 Q.
And then, Mr. (b)(7C)c
ýwould've 4
reported to you.
Correct?
5 A.
That's correct.
6 Q.
And then, sir, who do you who did you 7
start reporting to from early 2004 on?
8 A.
Who did I start --
9 Q.
Yeah.
Who did you report to?
10 A.
In 2004, I reported to -- at that time 11 it was a person name d(b)(7C)c 12(b)(7C)c 13 Q.
Okay.
14 A.
And then, there was an organization 15 change.
And in November 2004, Chris Younie came here 16 from another facility and. reported to Chris Younie, 17 and he was the operations manager.
18 Q.
So from early 2004 to the present you 19 still hold the same position, sir?
20 A.
Essentially.
My title changed and I 21 gained more responsibility in December 2005.
22 Q.
Okay.
23 A.
Let me explain that a little bit better.
24 Okay?
25 Q.
Okay.
Go ahead.
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 A.
From June of o Decemberj I
was the)(b)(7C)c I I just had (b)(7C)c under me.
In December I was made the b)(7C)c and I kept I(b)(7C)c
[F I(b)(7C)c
ýnd thel(b)(7C)c were added under my scope of responsibility.
Q.
Okay.
A.
Okay.
Q.
That's clear, sir.
MR.
HICKEY:
I think you got one year wrong.
You said from June I o December V you were b)(7C)c I think you meant December of THE WITNESS:
December You are correct.
December MR.
HICKEY:
And then, in December of
- you also addedl(b)(7C)c THE WITNESS:
That's correct.
BY MR.
ROMERO:
Q.
But as far as from --
let'sjust use the year of 2004 until, I would say, March of 2006, you've been that second -- the second manager for Mr. (b)(7C)c Mr. 1(b)(7C)c would've reported to Mr.
and Mr. I 1would've reported to yoiu?
A.
Say that time frame again, please.
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9 10 11 12 13 14 I! 15 16 17 18 19 20 21 22 23 24 25 11 Q.
From 2004, starting January 1st, 2004 A.
Somewhere early 2004.
I don't know if it was January 1st.
Q.
Okay.
All right.
- Well, let's just say sometime --
I mean, the early part of 2004 A.
Right.
Q.
until the present.
A.
Let me think about this answer just a second.
Q.
that important you until when March 2006.
Okay.
Let's back up, because it's not for the whole -- I'm just trying to get Mr. 1(b)(7C)c I would've been --
March --
A.
The roles are not real clear.
It would be easier to say from December 2005 -- that line was real clear in December of 2005.
Before that, it was not a defined --
real defined role.
I --
it's hard to explain to you.
But I'm trying to remember iflb7 I
don't remember exactly how we were set up.
Q.
Okay.
MR.
HICKEY:
But the key point is you're interested in the spring of 2006, and he clearly was --
THE WITNESS:
In the spring of 2006, it was myself, (b)(7C)C I can s that with confidence.
ay NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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BY MR.
ROMERO:
2 Q.
All right.
Let's move on, sir.
- Sir, 3
did you ever receive --
did Mr. J(b)(7C)c lever come to 4
you and make an allegation about Mr. (b)( 7C being 5
inattentive in the >(control rooný or struggling to stay 6
awake?
7 A.
I don't recall ever coming directly 8
to me.
I got information secondhand from another 1Q 9 (b)(7C)c 10 Q.
Can you tell me who that person's name 11 is?
12 A.
Yeah.
It was (b)(7C)
His name is 13 (b)(7C)c I And it was in our refuel, during Refuel 14 14, so it would've been September/October/November time 15 frame of 2005.
I don't remember exactly where in the 16 refuel that occurred.
jiG.just told me i-7 was ver 17 upset about something.
He wouldn't tell me what.
He 18 said I had to talk to N.
So I went and talked to 19 I
and j voiced his concern about (b)(7C)c 20 attentiveness.
21 Q.
Did Mr. (b)(7C)c ever in 2005 --
and I'm 22 just trying to tie this up to the time frame.
Maybe it 23 will job your memory in any way.
Where he was 24 attending some training class and then he ended up 25 coming to you and that he gave you that allegation at NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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that time.
2 A.
I don't remember 3
Q.
Okay.
That's fine.
4 A.
anything like that.
5 Q.
Did you ever tell Mr. I(b)(7C)c that you 6
had been given that information, that you had received 7
information that Mr. (b)(7C)c Jwas having trouble 8
struggling to stay alert?
9 A.
I don't understand the question.
10 Q.
Did you ever tell Mr. J(b)(7C)C6 that you 11 had received information from another individual that 12 Mr. (b)(7C)c :was having trouble staying alert?
13 A.
I don't remember the conversation we had 14 in that refuel, if that's what you're asking.
15 Q.
I don't know if it was that refuel or 16 another conversation, sir.
17 A.
I don't recall tellingJ anything 18 like that.
19 Q.
Did you have several conversations with 20 Mr.
other than this one, during this
- refuel, 21 concerning Mr. (b)(70)c Istaying alert in the control 22 room?
23 A.
The only one I remember was that one in 24 the [control room1 during the refuel.
25 Q.
That was the only time that you had a NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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A.
That I remember.
MR.
HICKEY:
With Mr. (b)(7C)c MR. ROMERO:
Mr. (b)(7C)c BY MR.
ROMERO Q.
A.
Q.
A.
Q.
A.
Q.
conversation A.
Q.
A.
Q.
A.
Q.
A.
remember.
So Q.
A.
him or someon attentiveness We're talking about Mr.(b)(7C)c Yeah.
told you --
I don't recall any other conversation.
Did Mr. 1(b)(7C)c
ýver come to you?
Uh-huh.
Would that have been before this that took place in I believe the time frame of it was.
September/October of 2005?
I believe it was.
And when was that conversation, sir?
It
-was before the refuel.
That's all I July/August 2005 time frame.
And what did Mr.
ib)j 7 C)Cj tell you?
He said --
I don't remember if it was e else had a concern withh And I went and talked to his NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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supervisors to ask if there were any issues and they 2
said there were not any issues.
And I asked the 3
supervisors to be alert for this and fill me in if 4
there's any issues.
5 Q.
When did you tell these supervisors 6
this?
7 A.
Just right after I talked to l(b)(7C)c 8
Q.
And this would've been prior to the 9
outage --
10 A.
That's correct.
11 Q.
September/October 2005?
12 A.
Right.
13 Q.
And which supervisors did you talk to?
14 A.
J(b)(7C)c 15 Q.
(b)(7C)c you said?
16 A.
Yeah. (b)(7C)c 17 Q.
Okay.
What did you tell them?
18 A.
I told them about the concern, that 19 (b)(7C)c
ýhad.
And I said, "I have not seen 20 this, but I am not there all the.time.
I need you guys 21 to keep your eyes open and let me know if there's any 22 issues."
23 Q.
Did Mr.( (b)(7C)c tell you that it was 24 his concern or it was o her people on the shift that 25 had the concern?
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If I remember right --
now, I'm going from memory here I believe [-i*ii] said it was other people.
Because I don't even thinkI
(. lwas on that crew.
I think other people --
either he overheard a conversation or somebody came to him.
I think it was other people's concerns, not [(b)(7C)Co if I remember right.
Q.
Did J),1
- ever tell you that he had spoke to Mr. (b)(7C)c about that allegation?
A.
No.
Not that I recall.
Q.
All right.
Did you ever tell Mr. (b )(7C)c that you would --
you were going to look into the matter as far as that allegation?
A.
When he talked about (b)(7C)c Q.
Yes.
A.
The only time I remember talking to and I'm not saying I didn't talk to him before or other times -- the only time I remember was during that outage whenK(b 7 C)C came to me and said he had a concern.
I don't recall talking to about this any other time.
Q.
Okay.
You never told Mr..(b)(7C)c "Well, I'm going to look into this matter and I'll get him off the shift"?
I'm talking about you talking to Mr. (b)(7C)c NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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A.
Not that I remember.
We were -- well, 2
no.
Let me repackage this a little bit.
We were 3
planning on taking off shift for other reasons, not 4
because of attentiveness.
5 Q.
What were the other reasons?
6 A.
c had a hard time making a crew gel as 7
a crew.
I'm going to package it just as leadership.
8 Okay.
And [b)7C a better project guy than a leader 9
type of guy.
So and I looked --
when(7C~c came ove 10 to operations, we looked hard at each individual on 11 shift and what's their attributes, where do they 12 belong, and we decided that c)c would be better off 13 coming off shift and doing project-type work.
So we 14 were taking him off because of that, when we got a 15 replacement.
It wasn't an urgent thing that he come 16
- off, just 17 Q.
But it had nothing to do with that 18 allegation?
19 A.
No.
20 Q.
That's I'm asking you to answer that.
21 A.
No.
No.
22 Q.
Okay.
All right.
Did you have why b)(7C)c 23 didn't Mr.
deal with it instead of you?
24 A.
And that goes back to the roles and 25 responsibilities.
I was the fb)(7C)c 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 18 b)(C)c was brought over as a -- really a performance improvement guy to help work with the crews and improve.
So that's what I tried to say before.
I don't think(F*(c* Ilwas in their direct chain until December 2004 --
5 --
2005.
So during this period, C
was kind of involved, but on paper he wasn't their.
direct supervisor.
He was working with them from a performance improvement standpoint, but I don't recall him being in that direct chain.
Okay.
Q.
Did --
A.
Although he filled that role most of the time.
Q.
Did you ever --
did you do that because you had a personal relationship with Mr:
(TC)c A.
Do what?
Q.
Dealing with him as far when you were talking with Mr. b)(7c)c that you dealt with Mr.
because you had a prior working relationship (b)(7C)c A.
Are you talking about dealing with or b)(7C)c now?
b)(7C)c Q.
Mr.
A.
Did I do that because I have a personal relationship?
No.
Q.
Or because you had had a working
]
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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 relationship?
A.
We were on crew back in 1990 --
in the
'90s, but there was no personal relationship as far as favoritism or anything, whatever you're trying to say.
Q.
No.
I didn't even mention that word, sir.
A.
Okay.
No.
Are you saying that I dealt with it because of personal relationship?
No.
Q.
- Well, how about a working relationship, because you had dealt with him in the past?
A.
Well, possibly because of a working relationship.
Q.
- Well, it's either yes or no, sir.
Yes.
MR.
HICKEY:
- Well, no.
Wait a minute.
It's not a yes or no.
You've asked him a question that I think is really fairly vague.
If you want to ask him the question again, he will try to answer it.
But he can't answer them all yes or no, even if you'd like that.
BY MR.
ROMERO:
Q.
The question is:
In dealing with Mr. (b)(7O)c right, we've already set up that you were thei5b)(IC)cI I
Correct?
A.
Uh-huh.
Q.
And the assistant was Mr.
j(D)(C)G 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 20 Correct?
A.
Uh-huh.
Q.
And when you were looking into the I
issues of reassigning Mr. (5)(70) C why didn't Mr. (dbe(7C)deal with it?
MR.
HICKEY:
He's answered that.
He said he was the MR.
ROMERO:
You can answer it
- again, sir, and then we'll move on from there.
THE WITNESS:
Why didn't Mr.1 N
\\
bdeal with it?
MR.
HICKEY:
Yeah.
I mean, if you've forgotten, he said he was thel(b)(7C)C Mr.
was performance improvement THE WITNESS:
Yeah.
I don't MR.
HICKEY:
and he.wasn't on the direct chain until December of '05.
MR.
ROMERO:
Oh, I'd like for Mr.
t(b)(oC)c to answer that.
THE WITNESS:
Why didnti(b)(7C)C deal with it?
MR.
HICKEY:
Tell him what you told him before, and then we'll see if he wants to ask something else.
THE WITNESS:
I was thel(b)(7,C)c NEAL R.GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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21 1
and I dealt wi-th it with b7C)c was th (b)(7C)c 2
b)(7C)c A lot of times he filled that 3
role, as the go-to guy.
And I don't recall why I dealt 4
with it instead of It could've been timing.
It 5
could've been availability.
I just don't know.
6 MR.
ROMERO:
Okay.
7 BY MR.
ROMERO:
8 Q.
Did you get interviewed when Employee 9
Concerns Program investigation was conducted 10 concerning -- were you interviewed by ECP concerning 11 Mr.
5(b)(7C)c 12 A.
Yes.
13 Q.
You were?
14 A.
Yes.
15 Q.
Okay.
All right.
And do you recall 16 what the findings on that investigation were?
17 A.
I don't know that I've ever seen any 18 final findings from that investigation.
19 Q.
Okay.
If you haven't seen it, that's 20 fine.
21 A.
The concern was raised.
It was then 22 apparent the concern was more prevalent than what 23 either r I had known.
We took Mr.l1i)51C3IJýoff 24 shift as a result of that, pending the investigation, 25 which is still going on.
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Q.
It'sstill open?
2 A.
From your office standpoint.
3 Q.
No. I'm talking about ECP.
The ECP --
4 A.
No.
I don't --
I can't tell you if it's 5
closed or open.
I don't know what the status of that 6
is.
7 Q.
Do you know who reported that allegation 8
to ECP?
9 A.
Do I know now --
10 Q.
Yeah.
11 A.
-- or did I know then?
12 Q.
Did you know then?
13 A.
No.
14 Q.
Prior to March 2006?
15 A.
No.
16 Q.
Do you know now?
17 A.
Yes.
18 Q.
Who was it?
19 A.
20 Q.
Because he told you or someone told you?
21 A.
He told me on March 9th.
22 Q.
On March 9th he told you?
23 A.
Uh-huh.
24 Q.
What 25 A.
I was in a discussion with him about his 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 23 performance appraisal, and iq
- said, "I guess you've figured out by now that I'm the one that" --
I don't remember his words, "filed the allegation" or the concern or whatever.
I just said, "No,jl~ J1 I had no idea it was you, and I wish you hadn't have told me that."
That was March 9th.
Q.
Okay.
Let's go to the -- talk about Mr. (b(Cc evaluation for the year 2005, which would've been given to him in the early part of 2006.
Correct?
A.
Q.
would've been A.
Q.
A.
Q.
Correct.
Who would've been the person that rating him on his evaluation?
(b)(7C)c Uh-huh.
Because that was his direct supervisor.
Correct?
A.
Q.
A.
Q.
A.
Q.
A.
Uh-huh.
Is that a yes?
Yes.
But it is,
- sir, is it I
For the record, sir I got you.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
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Q.
for the record, they record what's --
2 what the conversation is, and you have to 3
A.
Yes.
I understand.
4 Q.
All right.
Do you recall what 5
Mr. ýb)(7C)c evaluation rating was?
6 A.
The final one?
7 Q.
- Yes, sir.
The overall.
8 A.'
(b)(7C)c 9
Q kb (7C c Okay.
And for the 10
- record, sir and I want you to correct me if I'm 11 stating this wrong -- there are several categories on 12 there.
Correct?
On what is rated and there's, like, 13 five categories from outstanding to needs improvement.
14 I don't know what the exact -- you can probably tell me 15 what they are on the record.
Right, sir?
I think the 16 middle is meets expectations.
17 A.
Meets expectations.
Correct.
18 Q.
Right?
19 A.
Correct.
20 Q.
And below it is needs improvement.
21 A.
Correct.
22 Q.
Right?
And so, what happens for a 23 person to get the needs improvement is it would have 24 more of the --
there are several categories on there.
25 They would've had more needs improvement to get the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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overall score of needs improvement, even if they 2
would've had some meetý expectations or whatever the 3
next ranking above that was.
Correct?
4 A.
That's true.
You can have marked needs 5
improvement, meets expectations, or exceeds 6
expectations and still be needs improvement.
7 Q.
- Yes, sir.
I just wanted to get that 8
straight for the record.
9 A.
Okay.
10 Q.
And do you recall, sir and I'm not 11 just asking you this from your memory now --
do you 12 recall what some of the categories were that 13 Mr. (b)(7C)c on?
14 A.
No.
No.
15 Q.
Okay.
16 A.
I could take a guess, but I best not do 17 that.
18 Q.
Okay.
That's fine.
19 A.
If I had a form in front of me, I could 20 probably tell you.
But I don't remember the exact 21 titles.
22 Q.
Okay.
Did you have discussions with 23 Mr.
en he submitted --
I don't, know how this 24 works.
Does he submit it to you to review?
25 A.
Yes.
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2 3
4 5
6 7
8 9
10 Ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q.
A.
Did you have discussions?
Yes.
Q.
And do you recall what the discussions were about Mr.
1Kb)(TC)cjrating?
A.
The way that did the performance appraisal for the [shift manager]s, he put together a summary sheet of their overall strengths, weaknesses, improvement opportunities that were observed in the last year.
And he took that and rolled that into the performance marks and the narrative.
Okay.
Q.
Okay.
A.
I did see the summary before we had our calibration meeting and reviewed not just *b1Q all of them, just looking through them because he wanted input, and I gave.him some input on some of my thoughts.
And he wrote the performance appraisals from that.
Q.
rating that A.
Q.
A.
Q.
personally, A.
Did Mr. (b)(7C)c have a problem with the he received?
Do you recall?
The final one?
- Yes, sir.
Yes.
He did.
And you know that because he told you or because Mr.(b)(7C)C told you?
No.
Because we had a very lengthy NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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27 1
conversation on --
early March.
If I saw a calendar, I 2
could tell you what the date was.
It was early in 3
March, within the first ten days of March, I would say.
4 After the appraisal I might have it here.
After the 5
appraisal was presented to (b)(7C)c and I had a very 6
lengthy conversation about the performance appraisal.
7 It was on March 9th, the same day that he told me 8
the --
9 Q.
March 9th 10 A.
that he was alleging --
11 Q.
2006?
12 A.
March 9th, 2006.
13 Q.
And this was prior to him getting the 14 evaluation from Mr.
from --
15 A.
No.
No.
No.
No.
had already 16 discussed the performance appraisal with 17 Q.
Okay.
18 A.
And this was an after the performance 19 appraisal discussion thatl\\O1C
- nd I had this 20 discussion.
21 Q.
And he was upset?
22 A.
Yes.
23 Q.
What did he say?
24 A.
You're talking a several hour 25 conversation here.
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Q.
Oh, is it?
Can you summarize, you know, 2
just the high points?
I mean, he was --
he didn't 3
think he deserved the rating because he was a good 4
worker or he felt that --
5 A.
Sir, I really can't remember the words 6
he used.
He didn't feel --
I'll sum it up for you.
7 And this is what sticks in my mind about that 8
conversation.
9
,(b)(7C)c although he's not a good 10 leader, does some things well.
And in a meeting, 11 (b)(7C)c ave (b)(7C)c 1credit for some things he was 12 doing with his shift, some things that we expect him to 13 do and he was doing well.
I do remember Cb)(-4) saying, 14 "Well, you're holding me up to(b)(7C)c Jas the 15 standard," and he said he doesn't feel he's a standard 16 model to be a 1(b)(7C)c
- (b)(7C)c 17 I remember that part of it.
So he was 18 comparing himself to l*[and didn't have any'respect at 19 all for,cbXC),and he thought, how can he b 20 Fb) 7Cc)
It was a lengthy conversation.
I don't 21 remember everything that took place.
22 Q.
But did he say to you that he felt that 23 he was getting that rating because he had submitted 24 that allegation to ECP about. Mr. J(b)(7C)c being 25 inattentive?
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A.
Towards the end of it, I got that 2
feeling.
I don't know if he ever came out and said 3
that.
Okay.
But that came out towards the end of this 4
discussion.
It got to be pretty heated.
It was a 5
pretty heated -- I've never had a heated discussion 6
with b)@R)Jbefore this.
It got to be a pretty heated 7
discussion.
And I guess, yeah, I guess he was making 8
the link between the allegation and the performance 9
appraisal at that time.
10 Q.
But you didn't know about it until March 11 9th, 2006?
12 A.
Until he told me.
13 Q.
Nobody had ever told you?
14 A.
No.
15 Q.
Okay.
16 A.
As a matter of fact, I thought it was 17 probably anJý because hadn' 0
come to me and my 18 thought was ank~a s talking to (b)L-cjotherwise, why 19 would be talking to me, because he's the (T-)
20 So my logic said it was anb1that made the allegation.
- 21.
I never had a clue that it was al(b)(7C)C I let alone 22 (b)(7C)cI 23 Q.
But K(bi(2t)ad brought that to your 24 attention back in September/October time frame of 2005?
25 A.
Yeah.
But I have to characterize that, 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 30 bringing to my attention, he didn't bring it directly 7
to me.
It came to me through a third party.
- Now, I
talked to*
O J To me, it wasn't a crisis in (b)(7C)c mind at that time.
I just. didn't -- maybe I read it wrong, but I did not take it as a crisis.
I took it as a question in X%' mind.
I didn't take it as a crisis.
So, you know, there's different ways I can tell you I have a concern, and if I don't act concerned, I'm not going to take it as a real strong concern.
And during that time, it just so happens that I was on shift with (b)(7Cc a lot during the outage.
And I had ample opportunity to watch him and did not see that behavior any time I was around him.
Q.
Did Mr.
-- based on what you know,
- sir, and your conversations with Mr.
did Mr.
know that Mr.
had brought --
A.
No.
Q.
an allegation to ECP concerning all this?
A.
No.
He didn't.
As matter of fact, I
finally told [
about two weeks after I learned about it.
Q.
So that would've been after the March 9th, 2006 date?
- NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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31 1
A.
Yeah.
It was a week or two later that I 2
mentioned it to 3
Q.
Did Mr. J(b)(7C)ýtate that he didn't know 4
that Mr.
5 A.
Right.
He had no idea.
Neither of us 6
did.
7 Q.
Okay.
So,
- sir, no adverse actions were 8
taken against Mr. j(b)(7C)o because he brought that 9
allegation to ECP because you-didn't know about?
10 A.
Yeah.
We had no clue.
11 Q.
Yourself and Mr. (P)*7*
based on what 12 Mr.
_has told you?
13 A.
Correct.
14 Q.
Or any other managers.
15 A.
The only person that would've had 16 knowledge of that was Dave Hollabaugh, and Dave 17 Hollabaugh holds his cards very close to his chest and 18 does not divulge that information.
19 Q.
For the record, sir, Mr.
Dave Hollabaugh 20 is
- who, sir?
21 A.
He's the Employee Concerns 22 superintendent.
23 Q.
Sir, let's talk about the bonus.
Isn't 24 there like a KPI bonus 25 A.
Yeah.
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32 1
Q.
that's given here at Callaway?
2 A.
If we earn it.
3 Q.
- Yes, sir.
And do you know if 4
Mr. (b)(7C)c as ever promised a certain amount or a 5
certain percentage that he was to receive KPI bonus for 6
his work in 2005?
7 A.
Promised?
I don't like using that word.
8 We were all told, you know, as a company if we meet 9
certain earnings per share goals, certain nuclear 10 function goals, certain department goals, and certain 11, individual goals that we will be paid a bonus based on 12 that performance.
So we were all told that.
13 Q.
Right.
Let me get more specific.
Do 14 you know if anybody sent him --
anybody specifically 15 sent them an e-mail or some document saying, "You will 16 receive a certain amount or a certain percentage based 17 on your" 18 A.
No.
19 Q.
"based on your 2005 performance?"
20 A.
Once the year has ended and the company 21 has declared earnings per share and we've determined if 22 we met our nuclear function goals, we determined if we 23 met our department goals, and then we look at 24 individual performance as far as their goals.
You 25 can -- yeah, you --
we send information out saying, NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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"Here's where we are as a company, as a function, as a 2
department.
And then you need to figure out for 3
yourself where you are as an individual," even though 4
we have that information.
And you can determine pretty 5
close what your bonus should be.
6 MR.
HICKEY:
But I think your question 7
was specifically did a manager or a company supervisor 8
ever send Mr.
or anybody else a memo that 9
- says, "Mr. J(b)(7C)O _based on your performance and the 10 KPI goals, you will receive "X" dollars."
11 THE WITNESS:
To
- 1j individually?
12 MR.
ROMERO:
Yes.
13 THE WITNESS:
Not that I would know of.
14 No.
I don't --
15 BY MR.
ROMERO:
16 Q.
Based on what you know?
17 A.
No.
18 Q.
Okay.
These --
the way that --
what I'm 19 understanding,
- sir, is that based on all this criteria 20 you just mentioned that if you were to meet all these 21 criteria, then there may be an expectation that this 22 may be the amount you may get.
23 A.
That's correct.
24 Q.
Right?
It's all --
25 A.
It's all at risk.
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34 1
Q.
Right.
All at risk.
But I'm saying, 2
there is nobody here that is promised a certain amount 3
until the managers sit down and evaluate all this 4
criteria.
Correct?
5 A.
'Correct.
6 Q.
That's what I'm trying to get at.
7 A.
It's just like you working for the 8
government.
They may have a wage increase freeze.
9 You're not guaranteed you're going to get a salary' 10 adjustment.
11 Q.
Right.
12 A.
It's the same principle.
13 Q.
And when you hire on here at Callaway, 14 none of the managers are told, "You will receive a 15 bonus every year"?
16 A.
No.
17 Q.
Okay.
That's 18 A.
There is a potential there.
19 Q.
Right.
And that's the question.
That 20 question I do want a yes or no.
So there's no 21 expectation.
There is no 100 percent guarantee you're 22 going to receive one?
23 A.
Absolutely not.
24 Q.
All right.
- Now, let's talk about the --
25 when Mr. (b)(7C)c received this (b)(7C)c did 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 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 he have an expectation to receive a bonus or did he not?
A.
On the date that 7 sat down with O7c the understanding was bonus was not going to be affected.
Q.
And that date would've been what date,
- sir, if you can recall?
A.
If I remember correctly, it was January 19th when discussed the performance appraisal with b)(7C)c Q.
Okay.
Let's say approximately.
A.
Approximately January 19th.
Q.
2006.
A.
That's correct.
Q.
Okay.
MR.
HICKEY:
was signed --
was signed by MR.
MR.
THE MR.
ROMERO:
HICKEY:
WITNESS:
HICKEY:
Actually, I think the form 16th.
on February 16th.
It Oh, you're right.
Mr.
D)(7C)c
- n February 16th.
rb)(7C)c MR.
I wrote down some dates look.
here.
Let me NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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36 1
MR.
ROMERO:
Go ahead.
2 MR.
Lb)(7C)c Let me look and make sure 3
I got the dates right.
Pat, you're probably right 4
here.
January 19th.
5 MR.
HICKEY:
January 19th is when b)(7C)c 6
Mr.
signed it.
7 THE WITNESS:
Oh, you're right.
8 February February 16th, b)(7C)c iscussed the 9
performance appraisal withb(7)c February 16th.
10
- Thanks, Pat.
11 BY MR.
ROMERO:
12 Q.
Okay.
So that's the date that he --
Mr.
13 b)(7C)c yat down with Mr.
b)(7C)c 14 A.
That's correct.
15 Q.
All right.
And told him that he was of 16 the belief of the belief he didn't tell him that 17 he knew for sure, but he was of the belief that the 18 bonus wouldn't be affected?
19 A.
It was our belief at that time the bonus 20 would not be affected.
Yes.
21 Q.
Based on the information that either you 22 or Mr.
b)(7C)c ad at the time?
23 A.
That's correct.
24 Q.
Okay.
Then what happened after that to 25 where it did affect the amount of payout?
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A.
On approximately February 27th, a 2
decision was made by senior leadership that people 3
evaluated as (b)(7C)C Lould not receive the I
4 entire bonus potential.
And two things happened.
5 People markedl(b)(7C)c did not get a salary 6
adjustment, so in other words their salary remained the 7
same for 2006; and the corporate portion of the 8
performance bonus was withheld from those individuals.
9 That was February 27th.
10 Q.
Okay.
And that was a decision that was 11 made with managers above you.
- Correct, sir?
12 A.
Yes.
That's correct.
13 Q.
Okay.
14 A.
It was the vice president level.
15 Q.
All right.
Did Mr. b1)Q t
ever tell you 16 that he had --
and I believe you had made mention 17 earlier to where he went to a meeting with the senior 18 management and he had received feedback concerning 19 managers as' far as their evaluations.
Did Mr. (b)(7C)c 20 ever tell you about that?
That he had attended --
21 maybe I'm not phrasing this question correctly.
22 A.
Yeah.
I want to make sure I understand 23 what you're asking.
24 Q.
Let me rephrase this question again, 25 sir.
Did Mr.
Z Q
ever tell you that he had attended NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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38 1
a meeting with senior level management and also his 2
peers to discuss how they were going to, you know, give 3
the ratings for 2005?
4 A.
Oh, yes.
You're talking about 5
calibration meetings, performance appraisal calibration 6
meetings.
7 Q.
- Yes, sir.
8-A.
We're changing to a pay performance 9
- model, and everybody 10 MR.
HICKEY:
Pay for performance?
11 THE WITNESS:
Pay for performance.
12 MR.
HICKEY:
Pay for performance.
13 THE WITNESS:
And that --
everybody on 14 site went through the management.
All management
.15 people on site were evaluated by the next level above 16 them for overall performance and where they fell in the 17 performance appraisal line.
And the one where the 18 shift supervisor was done, the second line supervisors 19 was done by department heads --
managers and VPs, 20 whoever was there that day.
Ye.
So there was' a 21 meeting held to look at all second line supervisors, 22 which includes the 4hift manageri group.
23 BY MR.
ROMERO:
24 Q.
Okay.
And did Mr. ~b C.
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39 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 A.
all ý(b)(7C)c Uh-huh.
Yeah.
Not just him.
It was Q.
Right.
And I understand there was other --
but I'm saying, he did receive feedback --
A.
That's correct.
Q.
concerning Mr. (b)(7C)c MR.
HICKEY:
Were you at this meeting?
THE WITNESS:
No.
MR.
HICKEY:
All right.
So you're talking about what you understand happened at the meeting?
THE WITNESS:
I was at the one for the department heads the week before, so I understand the process.
MR.
ROMERO:
Okay.
THE WITNESS:
I wasn't there.
I was on vacation that week.
BY MR.
ROMERO:
Q.
But Mr..
yy*)]did tell you -- and that's what I keep referring to, what Mr. 1(b)(7C)Clc1d you.
A.
Q.
A.
Q.
Yes.
Yes.
And that he had received the feedback?
(Witness nodded.)
Do'you recall what that feedback was, 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 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 sir?
A.
Yes.
We' talked when I got back from vacation, 4 l--
I asked
[how it went and how they were looked at.
And three (b(70 12 came out as Ob70 c
out of that calibration meeting.
Q.
And one of them was Mr. I(b)(7C)c I
A.
That's correct.
Q.
Okay.
And it was based upon not just Mr. d(b)(7C)cI observation, but observations of other managers?
A.
That's correct.
MR.
ROMERO:
Mr. Hickey, can I see that information that you provided me yesterday?
BY MR.
ROMERO:
Q.
Had you --
have you ever seen these,
- sir, these meeting notes, I guess they're called?
A.
Yes.
Yes.
I've got those.
Q.
With Mr.
if you could turn to the page where Mr. (b)(7C)c is listed there.
Okay.
Are these some of the things that you recall that Mr.
lold you that he indicated had been given feedback about Mr. (b)(7C)c A.
Yeah.
I reviewed this when I got back from vacation and talked about each of these three individuals.
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41 1
Q.
Okay.
Can you say for the record, sir, 2
what --
first of all, you're reading off the minutes 3
from a meeting that occurred between senior leadership.
4 It's called a calibration meeting, you said, sir?
5 A.
That's correct.
6 Q.
And what is the title of this?
7 A.
This is "Second Line Supervisor 8
Performance Appraisal Calibration Meeting on January 9
10th, 2006.'
10 Q.
Okay.
And what does it say about 11 Mr.
b)(7C)c 11 Mr.
12 A.
It has him rated overall as a 13 b)(7C)c And the b)(7C)c category was 14 broken down into plus, minus and neutral.
And ffb)(7C)c was 15 on the high side of the b)(70)c b)(7C)c/i"1 16 17 7c 18 And some comments that were taken out of 19 this discussion were
]
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3 4
Q.
And this is all this was
- again, 5
this was feedback from other managers that were giving 6
it to Mr.
Correct?
7 A.
That's correct.
And VPs.
Managers to 8
vice presidents.
9 Q.
Okay.
Thank you, sir.
All right, sir.
10 A.
Let me add one more thing.
11 Q.
Go ahead.
12 A.
It was managers, vice presidents and 13 other department heads, also.
Okay.
14 Q.
And again, for the record, there were 15 other people that were ratedl(b)(7C)C not 16 just Mr. (b)(7C) i 17 A.
That's correct.
There were on that 18 list there werel(b)(7C)C 19 Q.
That are his peers?
That are 20 Mr. J(b)(7C)c s peers?
21 A.
Yes.
Yes.
22 Q.
So Mr. (b)(7C)C wasn't the only one that 23 was being per se picked on.
There was nobody being 24 picked on; they were rated on their merit, and this is 25 where he fell, and this NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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A.
Yes.
2 Q.
was the opinion of management?
3 A.
They were evaluated based on 4
performance.
5 Q.
All right, sir.
Just a few more 6
questions.
Sir, again, you know --
do you know if any 7
adverse actions were taken against Mr. ý(b)(7C)c for 8
bringing forth the allegation about Mr.
D(b)(7C)C.J 9
A.
No.
There were no adverse actions taken 10 because we had no idea it was him.
This is just the 11 way the process worked out in moving to a pay for 12 performance model at Callaway.
13 Q.
Okay.
And you know of no other person 14 taking adverse actions against Mr. (b)(7C 15 A.
No.
16 Q.
All right, sir.
A few closing 17 questions.
Mr. (b)(7C)c have I or any other NRC 18 representative threatened you in any way or offered you 19 any rewards in return for the statement you've given 20 today?
21 A.
No.
22 Q.
Have you given this statement freely and 23 voluntarily?
24 A.
Yes.
25 Q.
Is there anything further you care to NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
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3 4
5 6
7 8
9 10 Ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 add to the A.
Q.
at 8:49 a.m 44 record?
No.
Okay.
MR.
ROMERO:
This-interview is concluded
- n. on November 2nd, 2006.
THE WITNESS:
Okay.
MR.
ROMERO:
Thank you, sir.
(WHEREIN; the interview was concluded at 8:49 a.m. )
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