ML12275A513

From kanterella
Jump to navigation Jump to search
Exhibit 11 to ROI, Case No. 4-2011-024 - Transcript of Interview
ML12275A513
Person / Time
Site: San Onofre  Southern California Edison icon.png
Issue date: 09/29/2011
From:
NRC/OI
To:
References
FOIA/PA-2012-0185, 4-2011-024
Download: ML12275A513 (40)


Text

Ic- 1 1 UNITED STATES OF AMERICA 2 NUCLEAR REGULATORY COMMISSION

+ + ++-I-3 4 OFFICE OF INVESTIGATIONS 5 INTERVIEW 6 ------------------------------X 7 IN THE MATTER OF:

8 INTERVIEW OF 01 Case No.

9 C 1 :4-2011-024 10 (CLOSED) 11 -------------------------------

12 Thursday, September 29, 2011 13 14 San Onofre Nuclear Generating Station 15 San Clemente, California 16 17 The above-entitled interview was conducted 18 at 1:55 p.m.

19 BEFORE:

20 [enior Special Agent I(b)(7)(C)

I(b)(7)(C)

"~IL 21 Epecial Agent 22 23 lshd fo ~m~~i.. i..

24 EXHKTJ.L.A 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

A/CD (202) 234-4433 WASHINGTON, D.C. 20005-3701 www~nealrgross.com

2

-1t 1' APPEARANCES:

2 On Behalf of the Interviewee, Other Individuals 3 Involved in the Investigation and Southern California 4 Edison Company:

(b)(7)(C) 5 I(b)(7)(C) 6 7 of: Law Department 8 Southern California Edison Company (SCE) 9 2244 Walnut Grove Avenue 10 Rosemead, California 91770 ii (626) 302-1212 12 FAX -4393 13 14 15 16 17 18 19 20 21 22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com

3 1 P-R-O-C-E-E-D-I-N-G-S 2 1:55 p.m.

I(b)(7)(C) 3 [R. SPEC. AGENT 4 For the record, this is an interview of 5 (b)(7)(C) Iwho is employed by Southern 6 California Edison. Today's date is September 29th, 7 2011. The time is approximately 1:55 p.m.

8 This interview is being conducted as San 9 Onofre Nuclear Generating Station.

is I(b)(7)(C) 10 (b)(7)(C)

[ j I my name is[j I'm 11 a ýpecial Agent with the Office of Investigations,

((b)(7j(C) 13 also from Region IV. And is here 14 today acting as your attorney.

15 This interview is being recorded and a 16 transcript will be produced from this recording. Do 17 you have any recording devices on you?

i(b)(7)(c) 18 I No.

19 [R. SPEC. AGEN (b)(7)(C)

(b)(7)(C) 20 1 No.

21 [SR. SPEC. AGENTII(b)(T) C Okay. And the 22 purpose of this interview is to discuss allegations of 23 retaliation raised bybT))

((b)(7)(C) 24 1 Okay.

25 [SR. SPEC. AGENTZ1(b)(7)(C) Will you raise NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com

A.

-1 4

1 your right hand please.

2 Do you swear the information you are about 3 to provide will be the truth, the whole truth and 4 nothing but the truth so help you God?

(b)(7)(C)Yes 5

IYes.

ISR. SPEC. AGENT[(b)(7)(C)O Okay.

(b(7(C) 7 L 2C does your company require you to 8 have an attorney present during this interview?

(b)(7)(C) No.

9 10 I(b)(7)(C)

[SR. SPEC. AGENT acting as your attorney today?

Is I()(7)(C)

]1 11 (b)(7)(C)Yes.

12 13 rSR. SPEC. AGENTZb)(7)(c) Did you select 14 her or was she provided by the company?

15 I selected her?

16 ISR. SPEC. AGENTZ (b)(7)(C) Okay.

17 Were you threatened with any adverse 18 actions if you did not select an attorney to come in 19 here with you for this interview?

(b)(7)(C)NO 20 INo.

21 LER. SPEC. AGENT (b)( 7)(C Do you 22 understand you have the right to have an interview 23 with me without an attorney present?

(b)(7)(C) Y s 24 IYes.

25 (R. SPEC. AGENTc(b)(7)(¢) Okay.

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

r2021, 234-4433

  • mvmI .......

WASHINGTON, D.C. 20005-3701 www.nealrgross.com

,C.

5 1 IC could you introduce 2 yourself for the record?

3 (b)(7)(C) Yes, I(b)(7)(C) I 4 I 'm a I(bX7)(C) with the 5 Southern California Edison Law Department.

6 [SR. SPEC. AGENT (b)(7)(C) Okay.

7 (b)(7)(c) do you represent(b)(7)(c) 8 here today?

9 [~~(b)(7)(C) i do 9 f f ij 1 do.

10 [SR. SPEC. AGENT b)(7)(C) Do you 11 represent other employees of Southern California 12 Edison during this investigation?

(b()C) 13 [))CYes, I do.

14 [R. SPEC. AGENT (b)(7)(C) And do you 15 also represent Southern California Edison?

16 (b)(7)(c) - Yes.

17 SR. SPEC. AGENTI (b)(7)(c Okay.

18. Do you foresee a possible conflict of 19 interest?

(b)(7)(C) 20 I do not know of one at 21 this time.

22 @R. SPEC. AGENT (b)(7)(c)G Okay. And 23 what would happen if one would arise?

I(b)(7)(C)I 24 [7C If it did, I would inform 25 that I could no longer be his personal NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.neartgross.com

6 1 representative, but I would continue to represent SCE 2 and other witnesses in this matter, that he has the 3 choice of continuing the interview, terminating it or 4 requesting a postponement until he can find separate 5 representation of his own choice.

6 [SR. SPEC. AGENT 1(b)(7)(c) Okay. And, 7 (b)(7)(C) you understand [Ib)(7)(C) J is representing 8 Southern California Edison as well as other people in 9 this investigation?

(b)(7)(C-)

10 1 Yes.

11 VR. SPEC. AGENTIT And with that 12 understanding, you want her here for this interview?

13 (b)(7)(C)es.

14 VSR. SPEC. AGENTIcc Okay. Okay.

15 Igo over your background, 16 employment history here at SONGS.

(b)(7)(C) 17 18 19 20 21 22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www~nealrgross.com

7

"/c, (D)( f)(U) 1 2

3 4

5 6

7 8

9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 R. SPEC. AGENT 7(C E Okay. And NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., NW.

WASHINGTON, D.C. 20005-3701 www.nealrgross.com o 234-4433 (202)

1. what is your official title right now?

(b)(7)(C) 2 3 ýR. SPEC. AGENT r(7(C okay. 1 4 P)'()oyou know 5"7)() Yes.

6 [SR. SPEC. AGENTI (b))C) How do you 7 know I()7()::

8 1 I've known for a long, 9 long time. Back in, you know, essentially when I 10 first started working here, was in the

)(7)(C) 11 [ I So, we had people 12 (inaudible) work but my chief interface with him then I(b)(7)(C) 13 was outside of work.

(b7(7)(C) 14 15 So, our families knew each other. But mostly (b)(7)(C) 16 we saw each other for several years.

(b)(7)(C) 17 And then = became the I b()C 18 I don't remember the exact time frames here 19 but it was probably late '60s that he became the

[(b)(7)(C) Ib()C 20 The (b)(7)(C) at that 21 time was going through some significant turbulation (b)(7)(C) 22 and at one point web (b)(7)(C) 23 24 (b)(7)(c) I 25 IAnd he was NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com

9 1 put on in an excess capacity.

2 Based upon my personal relationship with 3 him and the fact that I'd always known him as a 4 professional employee we hired him into the b)(7)(C) I 5 C Iwhich I owned at the time because he had 6 some experience doing that on a (inaudible) basis. He 7 would just go over there for outages and function as 8 a And we took him into the b)(7)(c) And he did that through 9

10 2007 when I -- when I went to the (b)(7)(C) him with us because we needed a I(b)(7)(c) 11 i took (b)(7)(c) And at that time, had 12 13 started exhibiting some behaviors which weren't good 14 and so he stayed in the I(b)(7)(C) and I(b)(7)(c) 15 when we moved to the new 16 he came with me there as a I(b)(7)(C) 17 [SR. SPEC.. AGENTE In 2007 when 18 you moved over to the~ Ib)(7)(c) -- ou took him 19 with you To the (b)(7)(C) the 20 7)(C)

(b)(

21 22 [SR. SPEC. AGENTI b)7)C Okay. Did he 23 request to go with you or did you ask him to come with 24 you?

We asked him to come.

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

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com

10

  • ,'r)(7(C) 1 [SR. SPEC. AGENT Was that a 2 mutual agreement, did he want to go at that time?

No, I don't think he did but we 3

4 needed a person over there and he was the best fit for 5 it.

6 ýR. SPEC. AGENT')(7)(c) I Okay. And 7 does he work for you now?

Ic I He works for a supervisor that 8

9 works for me.

[SR. SPEC. AGENTIIb)(7)(c) Okay.

10 And how 11 long has he been I guess under your umbrella? How 12 long has he been working for you continuously from now 13 until back in --

(b)(7)(C) 14 I'd have to go see when he was 15 removed from theI(b)(7)(c) C position but I guess 16 it was back in the mid-early -- had to be in I~)7)(C) I ~'7(C) 17

((j so had to be back to I don't 18 remember the exact date.

AGENT So,Ic 19 [SR. SPEC.

20 b7)Z he been under you in some manner?

(b)7)(C)Ys 21 I . I]e. (b()

22 [SR. SPEC. AGENTIc Okay. what 23 type of employee do you conside r! to beto I)(7)(C) - He does good work. He's very 24 25 intelligent. He works hard. He does his job. His NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.neairgross.com

-7 11 1 performance as al(b)(7)(c) has never been or as 2 a I(b)(7)(c) has never been questioned.

3 [R. SPEC. AGENT[(7)(C) Back up a 4 little bit about what you said just now in 2007 he 5 started exhibiting signs or T guess characteristics 6 that were uncharacteristic of him. What do you mean 7 by that?

(b)(7)(C)

E Disrupting meetings, using foul 9 language, inappropriately challenging people.

10 SR. SPEC. AGENTI (b)(7)(c) Was this all 11 in your presence? Some of this was in your presence?

(b)(7)(C) 12 [ Some of it and some was reported 13 to me by others.

14 [SR. SPEC. AGENT[ b)(7)(c) Okay.

is ISo, it was reported to me by my 16 manager at the time that in one of the all-hands 17 meetings that he was abusive to the start -- at the 18 time. So, some of that was reported to me but a lot 19 of times it was I directly observed it. A good 20 example of that is we were doing safety training and 21 I had our whole organization in there, you know. We 22 had been trained and we were passing on the training 23 then, (inaudible) behaviors. And he disrupted that 24 class and was using foul language and had to ask him 25 at that time to step out and cool down and that's not NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON. D.C. 20005-3701 www.neairgross.com v

-7c, 12 1 the way we should approach those things.

2 ER. SPEC. AGENT (b)(7)(C) Okay. You 3 said earlier that you've known him for a number of 4 years and I guess you guys (b)(7)(C) Jtogether 5 and hadI(b)(7)(C) 6 and then in 2007 he started exhibiting these traits.

7 Do you know of anything that happened in his personal 8 or professional life that could have had him other 9 than he really didn't want to go to that group in 2007 10 that could have forced him to start acting this way?

I(b)(7)(C) 11 He had issues. Ever since he 12 leftJZ(b)(7)(c) he had issues with how they do business 13 and he was elevating those concerns up the chain of 14 command and I don't think he got an adequate response.

15 And he not only translated that to me but he 16 translated that to all of the management at San 17 Onofre. And -- and so he was vehemently against 18 pretty much all forms of management. So, that's the 19 only thing that I can relate to that's why his 20 behaviors changed.

21 SR. SPEC. AGENTJ (b)(7)(C) Did you see an 22 increase in the time he got I)(7)(c) -

23 (b)(7)(c) ntil, not an increase in the way he 24 handled himself?

25 ((C) He didn't initially. I mean, NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

12021 234-4433 WASHINGTON. D.C. 20005-3701 www.nealrgross.com v

-7c 13 M )

1 initially when he came to the 2 he was thankful that we, you know, got him -- kept him 3 employed, 4 [SR. SPEC. AGENTI(bc)_ I And that was 5 in--

(b)(7)(C) 6 No, it was in the mid-'90s.

7 [SR. SPEC. AGENTZ I Okay.

8 (b)(7)(C) So, there was a long period in 9 there where he was fine. He enjoyed the job in the 10 (b)(7)(C) and -- and was doing fine.

(b)(7)(C) 11 As far as the Igoes, 12 one of the things he got cross-wise of me was he like the way the I(b)X7)(C) 13 didn't 14 carried out their business. The specific incident 15 that him and I disagreed and that he still holds 16 against me is a (b)(7)(C) I had 17 instructed some of the craft workers that were working 18 for him in regards to some safety issue. And he told 19 the people it was none of their business for them 20 to be telling his craft how to do business, even 21 though it was a safety work issue. And I explained to 22 him at the time that our standard at the station is 23 that everybody is responsible for everybody else's 24 safety and we're responsible to coach and if we see 25 somebody doing something unsafe, that's what we do.

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

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com

CA 14 1 And his -- and he didn't agree with that.

2 We also started an effort to work the into the I(b)(7)(c) 3 ()(7)(C) 4 which I'm sure you can imagine have to (b)(7)(C) 5 work closely together during to 6 work better together and he didn't appreciate that 7 effort. When we reported out his solution, reported 8 out his solution was your only solution is to fireE 9 (b)(7)(CE I (phonetic) andEI(b(7)(C) (phonetic) who 10 was the head of the division at the time. And that's 11 not going to happen. Those guys are excellent 12 employees and you just need to learn to work together.

13 And so that's when his statements to me were pretty 14 much well, all you can do is fire them.

15 SR. SPEC. AGENT - J At this time 16 was he supervising that crew at that time in the (b)(7)(C) 17 (b()(C) 18 Yes.

19 SR. SPEC. AGENTZb)(7)(C) Okay. So, did 20 he feel he was -- his boundaries were being stepped 21 on?

I(b)(7)(c) 22 1 I -- I don't think it was that.

23 I just think -- well, some of that but I think the 24 clear issue was he just didn't think anybody should be 25 giving his people any guidance. And, again, that's NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON. D.C. 20005-3701 www.nealrgross.com

-7 15 1 contrary to our expectations at the station, 2 especially regarding industrial safety.

3 SR. SPEC. AGENT (b)(7)(C) okay. And 4 from that time has there been some breakdown in 5 communication between you and he?

I(b)(7)(C) 6 I don't think there's a 7 breakdown of communication. I think I communicate 8 with him very well. I'm very professional to him. I 9 treat him the same as any other employee that we have 10 working for us. I listen to his concerns and if it's, 11 you know, and address it to the best of my ability.

12 So, I just don't agree with. And I have told him that 13 on occasion.

14 [SR. SPEC. AGENT (b)(7)(C)I Didl)(7)(C) 15 ever raise safety concerns to you?

16 No. He related -- back when he (b)(7)(C) 17 had issues with he related issues that he 18 was having with to me, to the level where I 19 could -- I'd step over the safeguards information and 20 that's when I arranged meetings with him and senior 21 management so that he could express his concerns at 22 the right level.

23 ýR. SPEC. AGENT J Okay. But no 24 other concern s that you can think of?

I(b)17)(C) 25 Not that I know of.

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

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgrcss.com

16

  • R. SPEC. AGENTI (b(7)(C Okay. Didj7C)1 1

2 ever raise the issue or concern with you 3 regarding [the placing of a non-qualified non-4 supervisory employee in charge in the supervisor's absence, namely, 5

6 He did not raise it directly to 7 me. He raised it through his supervisor, L I

((7)(C) 8 at the time and then he also wrote a 9 notification regarding the issue.

10 [SR. SPEC. AGENT EI)7)(c) Right. I'm 11 looking at the notification for the record 12 (b)(7)(C) lif you can review that and tell me if 13 this is the same notification that he wrote.

(b)(7)(C) 14 Yes.

15 [SR. SPEC. AGENTII Okay. What 16 was your level of involvement regarding this 17 particular incident? Once you were aware that he had 18 raised this notification or drafted this notification, 19 what was your level of involvement?

20 Well, my only involvement in at the time,I(b)(7)(c) 21 that was to relay to my boss 22 that it had been written and that it was probably more 23 appropriate for him to do the investigation.

24 [SR. SPEC. AGENTI (b)(7)(C) Okay. Did you 25 regarding the investigation I just want to ask you one NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com

7cr 17 1 more thing -- a couple of other things.

I ]works for you, correct?

2

[(b)(7)(C) He did.

3 4 [R. SPEC. AGENT(b)( 7)(c) He did. Okay.

5 And during this time frame?

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

6 7 [SR. SPEC. AGENTI(b)7)(c) - When he would 8 go on leave or not be available, how were his fill-ins 9 selected? Was that done by a coordination between you 10 and him or him or how was that done?

1. [bj) J IWell, at times it was done, he 12 did it on his own. In this particular occasion, I 13 encouraged him to ask to be the single-point of 14 contact while he was gone because she hadn't done it 15 yet.

16 PR. SPEC. AGENT (b)(T)c) Okay.

(b)(7)(C) And she needed some development 17 18 in that area.

19 SR. SPEC. AGENTII((7)(c) Okay. Was you wanteiZ(Z)(7) 20 there any other particular reason why

(

21 to do this?

b)b)7)CC 22 No.

23 [R. SPEC. AGENT Did people 24 that were interested in doing fill-in supervisory work 25 did they put their name on a list or did they say I'd NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com

18 1 like to do this? Call it to his level or your level, 2 how would that work?

(b)(7)(C}

3 It was very informal. Jobs 4 typically rotated around the group to try to give 5 everybody the opportunity to feel the pain of what 6 it's like to be a supervisory.

7 *9R. SPEC. AGENTr )(7c)(C Right. Were 8 there any particular within your group, any particular 9 qualifications necessary to fill in for (b(7(C) 10 when he wasn't available?

11 (b)(7)(C) The only -- if -- well, 12 also reviewed I(b)(7)(c) I what we call cognizant 13 supervisor and that takes a qualification on what we 14 call signature authorization list. So, if you're --

15 if you were going to do all of[ jduties including 16 that, then you had to have that qual.

17 SR. SPEC. AGENT 7 o(b)(7)()

okay.

(b)(7)(C) 18 7 C At this particular time, we 19 recognized7 didn't have that qualification (b)7)(C) 20 and nor was she really capable of doing I[I 21 (b)(7)(C) So, we clearly delineated that 22 she was a single-point of contact as a coordination I(b)(7)(C) 23 standpoint and that [ who was a qualified on the (inaudible) did the I(b)(7)(C) 24 supervisor 25 (b)(7)(C)

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

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com

19 1 [R. SPEC. AGENT (7XC) Okay.

2 Whenever (b)(7)(C) went on leave or was not 3 available, keep saying went on leave. Was not 4 available to be supervisor, did he often put out an 5 email to the rest of the people saying, you know, Joe 6 Smith is in charge, but any sign-off issues would go 7 to Did he normally delineate 8 responsibilities like that?

9 bI don't know. I don't know that 10 we did it consistently or if we did it inconsistently.

11 [SR. SPEC. AGENT(D(7)(C) Or he would 12 put someone likeb)(7)(c) Iin charge with the common 13 knowledge that he was able to handle everything?

(b)(7)(C) 14 Right. We either did it, you 15 know, sometimes it could have been done in a morning 16 meeting because we have a morning meeting every day 17 where would say, I'm leaving, in charge or 18 [ i is in charge.

19 PR. SPEC. AGENTIc) Okay. Do you 20 know if[ requested to be in J)(7)(c) charge at any 21 point in time?

I(b)(7)(C) 22 1 1 know initially she said -- she 23 said she didn't want to do it but then she thought 24 about it some more and said, you know, wants me 25 to do this and it's an opportunity to learn. So, then NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.neairgross.com

20 1 she agreed do it.

2 [SR. SPEC. AGENTIC) Back in July 3 of 2010 when this occurred was this the first time to 4 your knowledge she had been left in charge of this 5 group?

6 [~~(b)(7)(C) I Y s 6 Yes.

7 FR. SPEC. AGENTI (b)(7)(c) Okay. Did 8 anybody other thanO(b )(7)(c) aise issues with her 9 being in this position that you're aware of?

10 (b)(7)(c) Not aware of it.

II [R. SPEC. AGENT (b)(7)(C) Do you know to 12 what level he raised the issue? I know he wrote a 13 notification but do you know what his reaction was to 14 [(b)(7)(c) jwhen he found outj (b)(7)(c) was going 15 to be in charge?

(b)(7)(C)I 16 1 Not first-hand. I only know 17 that said that he -- told me that he 18 initially said he was not going to take direction from 19 al)(7)C) And that explained to him that 20 he had to because that's what his direction was.

21 [SR. SPEC. AGENTEI Okay. And do 22 you know was response was to that?

23 (b)(7)(C) (Inaudible).

24 [SR. SPEC. AGENT1()(7)(c) Okay.

25 1(b)(7)(C) Ias suspended back in September 2010. What NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com

1c. 21 1 involvement did you have in his suspension? I know 2 that[ b)(7)(C) and yourself were pretty much the 3 catalysts to that suspension? What was your --

(b)(7)(C) 4 We were directed to suspend him 5 byl (b)(7)(c) at the time. We were made aware of m(C 6 behaviors thatb was demonstrating at the time and 7 some of his statements he made toIb)(7c) Is part 8 of (looking into this.

9 SR. SPEC. AGENT (b)(c) C Directed by I(b)(7)(C)I 10 1 mean was he aware of the situation or 11 was he just told, you know, information by you andF 1I(b)(7)(C) ]E 121

?b)(7)(C) And 7C) 13 tSR. SPEC. AGENTI'cb)(7)(C) And (b)(7)(c) 14 15 about what was going on with --

(b)(7)(C) 16 . 7I Correct. And he was given all 17 the facts and circumstances and he was the one that 18 directed us to do one-week suspension.

19 ýR. SPEC. AGENTZI(b)(7)(C) Okay. How was 20 the suspension handled? I mean, what was done at the 21 time of the suspension?

(b)(7)(C) 22 Iand ° 23 myself went up to L50 which is outside of the control 24 area. There was a security guard available. We then 25 made a phone call to at this desk and asked NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com

-7c. 22 1 him to bring his personal belongings and come to L50.

2 He came up to the L50. explained the reasoning 3 behind the suspension to him and that he was being 4 given five days off without pay and that he was to 5 return whatever date it was over to this central 6 processing facility and that r7 and 7 would meet him there when he returned.

8 FR. SPEC. AGENTI b)7)C Okay. So, you 9 were present during -

I0 J~~(b)(7)(C) J R g t 10 Right.

11 R.SPEC.

J~b)(7)7C)C) AGENTIJ Okay. When he 12 left, told him why he was being 13 suspended?

14 7 Correct.

15 iR. SPEC. AGENTJ (b)(7)(c) Do you recall 16 what reasons he gave for his suspension?

(b)(7){C) 17 It was violation of company 18 policy. I can't remember the number but there's a 19 company policy on professional conduct and that he had 20 demonstrated behaviors contrary to that policy with 21 his dealings with other employees, management and J(b)(7)(C) 22 specific derogatory comments made to as part (b)(7)(C) 23 of this -- the issue.

24 ER. SPEC. AGENT Okay. The (b(7(C)J 25 comments that he made regarding you said NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com

'-7 23 1 that was a big part of why he was suspended?

l(b)(7)(C) 2 It wasn't a big part. It was 3 just part of it. It was, you know, he was, you know, 4 from 2007 until 2011 he kind of rode this roller-5 coaster of unprofessional behavior. And this kind of 6 put the cap on it and it was time to take action and 7 send a message that it's got to stop. It's got to be 8 sustainable.

9 (SR. SPEC. AGENT c1)(7)(C) You were there 10 when he was suspended. Were there any specific 11 examples, the example, of why he was being 12 suspended?

13 No, I don't. No, he was just --

14 it was -- he was given a generality of the violation, 15 the company policy for unprofessional conduct and the 16 way he -- the way he demonstrated behaviors and 17 comments to other employees in an unprofessional 18 manner.

19 [R. SPEC. AGENTI(b)(7)(C) I And who worked 20 up the violations for him?

2& 1,(b)(7)(C) 22 ER. SPEC. AGENT jcOkay. So, 23 when he worked up the violations, he had specific J(b)(7)(C) 24 examples but he just gave generalities?

I(b)(7)(C) 25 ) Yes, at this meeting, yes.

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

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com

7r, 24

  • . AGENT )(7)(C) 1 SR. SPEC. AGENT I Okay. Was his 2 performance -- had any bearing on his suspension?

(b)(7)(c) 3 Performance as far as doing his 4 job?

5 SR. SPEC. AGENT O(b))C) Yes.

6 1~x)c No.

7 [SR. SPEC. AGENTE(b)(7)(C) Okay. So, the 8 fact that he had a bad mid-year or a bad mid-year 2007 9 performance appraisal, bad mid-year in 2010, did that 10 ever factor into his suspension?

ii ~ ~(b)(7)(C)IY s 11 Yes.

12 [R. SPEC. AGENTI (b)(7)() would you 13 explain that to me.

(b)(7)(C) 14 E It was a roller-coaster. He 15 would -- he would get a bad performance appraisal.

16 His typical mode was he would go into the silent mode 17 and he would just be quiet until he got a satisfactory 18 performance appraisal and then he would start 19 demonstrating these behaviors over again. And that 20 was a factor in that we needed to not only send the

21. message that the behaviors were unacceptable but it 22 had to be sustained going forward because we couldn't 23 -- couldn't be on this roller-coaster.

24 SR. SPEC. AGENTI (b)(7)() -I Okay. The 25 2007 mid-year, for instance, was I think referred to NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www neairgross.com v

%*v--/ .....

-7c,. 25 1 at one point during disbar, factored into his 2 suspension. Is that correct?

3 1c Correct.

4 ýR. SPEC. AGENT Did you have 5 any hand in preparing his mid-year 2007 performance 6 appraisal?

7 Only in that I reviewed what his 8 supervisor had done and agreed with it.

[SR. SPEC. AGENI Now, you said 10 that was clear about his performance appraisal. The 11 part of the appraisal where he needed, I guess, was 12 needs improvement, were any of those areas 13 performance-wise or just the way he dealt with 14 management?

. (b)(7)(C) 15 It was not just with management.

16 It was with -- it was how he dealt with other 17 employees in other divisions and management at that 18 point. But none, to answer your question, none of it 19 was related to performance.

20 (R. SPEC. AGENT 1(1)7)(C) Okay. So, 21 I've got the -- your 2006 and I guess performance plan 22 of 2007. 2007 would have been the one that you --

(b)(7)(C) 23 Correct.

  • l~b)(7)(C) 24 SR SPEC. AGENT -- reviewed?

25 Okay.

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

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.neairgross.com

-7c- 26 1 (b)(7)(C) It's the one that was done by 2 I(b)()(c) ]I believe.

3 [SR. SPEC. AGENT (b)(7)(C) Right. Did 4 you have any input into his appraisal or just reviewed 5 it?

6 (b)(7)(c) Just reviewed it.

7 [SR. SPEC. AGENTI (b)(7](c) Actually the 8 one I'm looking at is planning year 2007. It was (b)(7)(C) 9 signed bybI Iphonetic). [ J Do you 10 recall if you reviewed this one, sir, planning year 11 2007?

2(b(7)(C) 12 [ j Yes.

13 (R. SPEC. AGENT(b)(7)(c) Okay.

(b)(7)(c) 14 This was the year end. Make 15 sure I'm looking at the right one. Got confusing 16 because at year end we had mid-year about the same --

17 [SR. SPEC. AGENTE (b)(7)[c) I've got the (b(7(C) 18 one signed by7 but everything in 2006 was 19 Met. There was no Needs Improvement that I can --

(b)(7)(C) 20 The 2006, the only thing 21 negative was the one -- the overall evaluation.

22 [SR. SPEC. AGENT((7)(c) Yes, the mid-23 year for 2007.

(b)(7)(C) 24 Right.

1(b)(7)(C) 25 SR. SPEC. AGENT Okay. So, the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

f202) 234-4433 WASHINGTON. D.C. 20005-3701 www.nealrgross.com

27 1 ones that he scored Unmet in were ones that were not -

2 - they were not performance-based, they were more 3 personnel-based?

4 (b)(7)(C) Correct. For example, on page -

5 - the third page where it says Role Modelling. It 6 says besides having a good relationship with most of 7 bosses and it appears he models negative behavior by 8 disrupting meetings and training sessions. He has 9 clearly made his point. He can't stop despite i0 coaching that was provided to him.

11 [SR. SPEC. AGENT [(b)(TC)Okay. And 12 then again you said you on the scene when this 13 actually occurred?

(b)(7)(C) 14 Correct.

15 *R. SPEC. AGENTIE(b)(7) C Okay. At his 16 mid-year, I guess, it's 2007 mid-year, he was shown 17 this document and at that point what steps were-taken 1i for him to try and improve his performance in the mid-19 year?

I(b)(7)(C) 20 Back then we did not have a --

21 I think we had initiated the performance improvement 22 process, so it was just coaching one-on-one with his 23 supervisor. Subsequent to that we've gone into a 24 formal program where if you get an Unmet -- overall 25 Unmet in one or two categories, either one of the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-"33 . WASHINGTON, D.C. 20005-3701 www.nealrgross.com

28 1 categories, there is a written Performance Improvement 2 Plan and the employee meets periodically with the 3 supervisor for status that per the improvement plan.

4 And when it times out, then we make a judgment whether 5 he's -- whether the employee has adequately improved.

6 SR. SPEC. AGENT 1(b7)(C) Okay.

7 So, back at this time there 8 wasn't a formal process in place at the time.

9 iR. SPEC. AGENT[)(z)(C) Again, on the 10 one-on-one coaching, was there any documentation or 11 anyway to judge his performance or improvement at that 12 time other than what his supervisor said about him?

FIbb)(7)(C))

13 1I don't know whethellZ had --

14 this was his supervisor, whether he has 15 a lot of documentation or not.

16 SR. SPEC. AGENTE Okay. In 2010 17 I guess is the most recent one prior to this issue, do 18 you have any -- did you assist in the preparation of 19 2010?

1(b)i7)(C) 20 No. Again, I just reviewed it 21 after it was completed.

22 [SR. SPEC. AGENTL Okay. Was 23 that done completely byj(b)(7)(c) 24 That's correct.

I- . ()7)(C)~

25 LSR. SPEC. AGENT J Okay. Only NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202)

,___, 234-4433

_ WASHINGTON, D.C. 20005-3701 www.nealrgross.com

29 1 now in 2010 he was provided a Performance Improvement 2 Plan. Is that correct?

I(b)(7)(C) 3 17(C I believe this was his mid-year 4 that he got the PIP. I have to look.

5 [SR. SPEC. AGENT 11b)(7)(C) That's all 6 right.

L7 (b)(7)(C) He had his mid-year.

8 [SR. SPEC. AGENTEI id The one I'm 9 looking at is the performance --

(b)(7)(C) 10 This is the mid-year.

11 SR. SPEC. AGENT 1(b)(7)(C) Right?

(b)(7)(C) 12 That's correct.

13 [SR. SPEC. AGENTEI(b)(7)(C) And he's got 14 several Needs Improvement on this also?

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

16 ',R.SPEC. AGENTZI Okay. Again, 17 based on this appraisal, most of the Needs Improvement 18 were not on his performance?

(b)(7)(C) 19 That's correct.

20 SR. SPEC. AGENT(C) In 2007 to 21 2010 - -

I(b)(7)(c) 22 I just want to note that 23 overall in the mid-year rating Mr. (inaudible) is 24 saying he got an NI in values competency (inaudible).

(~b)(7)(c) 25 So, that's essentially behaviors NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com

'C. 30 1 and that the goal results are his (inaudible) 2 performances.

3 [SR. SPEC. AGENTI (b)(7)(c) What does C 4 represent?

5 b)(7)(C) ICommendable.

6 LR. SPEC. AGENT (J In 2007 to 7 2010 you said it was like a roller-coaster effect.

8 Did you see a steady decline or was it up and down or 9 was it something that, you know, something in 10 particular that would set him off that you're aware 11 of?

12 (b)(7)(C) The behavior was, we'd give him 13 the NI and he's go into kind of a silent mode where 14 he's just go do his job, stay at his desk. He would 15 not talk at meetings and then he once he got the 16 commendable after a short period of time you'd start 17 to see the same behaviors come back. We'd give him an 18 NI and eventually we got him on a Performance 19 Improvement Plan and he's get better. And he'd start 20 participating and, again, kind of going to the silent 21 mode.

22 At his most recent PIP he was given the 23 clear direction that that is no longer acceptable.

24 Going into the silent mode you just can't do that.

25 You not only need to be, you know, demonstrate the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-.433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com

31 1 behavior but you got to start participating on being 2 proactive and positive and have it be sustainable, 3 that this was no longer an acceptable roller-coaster 4 behavior.

5 [SR. SPEC. AGENTI (b)(7)(c) He's currently 6 on a PIP?

7 ((~b)(7)(c ) No 8 ýR. SPEC. AGENTT(b)Jc) Did he work 9 himself off?

10 1(b)(7)(C) Yes . b()C i1 SR. SPEC. AGENTIZ Okay. When 12 did that happen, do you know?

13 It's not too long. I'can't 14 remember the exact date. It was -- it was after the 15 mid-year this year. He was given a commendable, 16 commendable and the PIP was closed at his mid-year of 17 this year.

18 [SR. SPEC. AGENT I(b)7)(C) What's his 19 work performance been like so far in 2011?

20 (b)(C) I In terms of?

21 [SR. SPEC. AGENT[ b)(7)(c) What he had 22 deficiencies in the past.

(b)(7)(C) 23 It was good up until this here 24 just a couple of days ago. He had a confrontation 25 with his new boss and demonstrated some unprofessional NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com

32

--7 IC-1 behavior.

2 [SR. SPEC. AGENT (b)(7)(C) Unprofessional 3 in what way?

4 1J(b)(7)(C) JWell, he said the (inaudible) 5 was all F'd up and incompetent. He didn't use the F, 6 the real word and he was agitated. He was -- his new 7 supervisor solicited -- tried to solicit solutions to 8 problems from him and he wouldn't provide any so 9 that's the first time that behavior -- also, had two 10 employees come to me in the last week, one asking me -

11 - telling me that (b)(7)(C) iand one other individual 12 in the organization, two of most bitter individuals 13 he's ever seen in his entire career. And then I got 14 another employee report to me that after one of the 15 meetings he said that the meetings we had were a waste 16 of time and wasn't very supportive. Didn't come and 17 ask all that to me or the other supervisors that were 18 in the meeting.

19 [SR. SPEC. AGENTJc When you say 20 you had complaints or there were comments made about 21 were they made by management or supervisors 22 or peers?

23 (b)(7)(C) Peers.

24 SR. SPEC. AGENT 1(b)(7)(c) Okay.

Jb)(7)(C) 25 [ Well, the one -- the two peers NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com

-1 33

. were the ones that came and talked to me, but also the 2 confrontation was with his new supervisor.

3 ER. SPEC. AGENTIE(b7)() I Okay. I just 4 want to back up a little bit to the suspension of what 5 your memory was. Was there any work group violation 6 that was mentioned during his --

7 J(b)(7)(c) There was violation of company 8 policy, unprofessional conduct.

9 [SR. SPEC. AGENT I(b)()(C) Okay. And (b)(7)(C) 10 that was given by and some just --

11 Just in general his negative behaviors were mentioned.

  • I(b)(7)(c) 12 LSR. SPEC. AGENTZ All right.

13 And, again, what you're saying there was no 14 performance issues or work performance issues. There 15 were just issues of his contact with management and 16 supervision?

(b)(7)(C) 17 1 And peers.

18 [SR. SPEC. AGENT1 (b)(7)(c) And peers? M 19 That's correct.

20 SR. SPEC. AGENT I(b)(7)(c) Was .there 21 anybody else in (b)(7)(c) group that was suspended 22 for the same reasons that you can remember?

(b)(7)(C) 23 No.

24 ISR. SPEC. AGENTIc()(7)(c) Okay. And how 25 long would you say the process was until he finally NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com

34 1 got suspended?

(b)(7)(C) 2 [ Well, the behaviors had been 3 acknowledged since 2007. The process of actually from 4 the time I was directed to suspend him until he was 5 suspended was probably a month.

6 SR. SPEC. AGENT II Okay. And did 7 you work with HR during this time frame also? HR?

8 Yes.

9 [SR. SPEC. AGENT IC Okay. Did 10 they provide direction to you about the proper 11 process?

I(b)(7)(C) I 12 [ Correct.

13 [SR. SPEC. AGENT I I Okay.' Was 14 there an investigation prior to the suspension and his 15 behavior into the ultimate suspension or an inquiry?

16 1(b)(T)c) There was no inquiry into the 17 overall behaviors over time because they were 18 documented and we had those on his performance 19 evaluations. (b))conducted an investigation of l(b)(7)(C) b()C 20 the [ incident and also I did an 21 independent review of the entire (b)(7)(C) 22 (b)T)C) by a qualified person,(b)(7)(C) 23 (phonetic) who did interviews -- extensive interviews 24 of all the employees to get the overall, how does the 25 group function and whether we did not have a safety NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com

-C, 35 1 conscious work environment.

2 ER. SPEC. AGENT))c As part of the 3 investigation that[I(b)(7)(c) conducted, he conducted ofI(b)(7)(C) 4 interviews regarding the issue 5(b)(c) Yes, I believe so.

6IR SPEC. AGENT 1()7()Do you know 7 who he spoke with?

[(b)(7)(C) 8 No. I know he talked -- I know 9 he spoke wIthl(b)(7)(c) I don't know whether he ever 10 talked tol [ j but I think he more relied on i F (b)(7)(C) 11 the investigation by of the entire 12 organization.

13 ER. SPEC. AGENTI (b)(7)(C) Okay. Bu H(C7J 14 Lb) c"id an investigation over the whole --

15 I(b)(7)(C) Correct. He did not -- he would 16 not specifically --

17 iR. SPEC. AGENT (b)(7)(c) A specific 18 inquiry into L(b)(T)(C) j incident. (b)(7)(C) did 19 that, correct, as is required by Southern California I(b)(7)(C) 20 Edison or SONGS, I had to be talked to about 21 the issue. Is that correct?

22 1(b)(7)(c) I I don't know that that's a 23 specific policy but I know they talked to him.

24 [SR. SPEC. AGENTE1(b)(7)(C) Did you review 25 the fact-finding summary that was conducted with*Z NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.neaIrgross.com

.1* ~

7lc 36 I Have you ever seen the --

2 (b)b)(7)(C1J No.

3 [SR. SPEC. AGENT Okay. I just 4 wanted -- said all witnesses and parties including the 5 affected individual being interviewed and statements 6 taken and "yes" is marked and (b)(7)(c) Iname is 7 written right here or listed of people interviewed.

8 Correct?

9 1([(7( J Yes.

10 [SR. SPEC. AGENT (b)(7)C) Also 11 interviewed you during the process of this?

J(b)(7)(c) 12 It says that, yes.

13 [SR. SPEC. AGENT TZII)(7I( Okay. You byI (b)(7)(C)G 14 were talked to, you were interviewed (b(7(C) 15 Yes.

16 *R. SPEC. AGENT J(b)(7)(c) Okay. And do 17 you know if was interviewed or 18 conducted -- I'm talking aboutI(b)(7)(c) You said

{(b)(7)(C) (b(7 19 was interviewed and it was conducted by 20 )( you saidb had interviewed.

21 He did the interview with --

22 well, I know he talked -- I don't know whether he did talked t (b)(7)(C) 23 that document but I know he 24 [SR. SPECIAL AGENT )(7) Okay.

O Do 25 you know if (b)(7)(C) talked to about NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202)

  • o 234-4433 WASHINGTON, D.C. 20005-3701 www.neairgross.com

I.

  • 37 1 this?

2 1~~(b)(7)(C) I Y s 2 Yes.

3 [SR. SPEC. AGENTI (b)(7)(c) Okay. Part of 4 the official investigation?

(b)(7)(C) 5 . 7I)I wasn't there. I don't know 6 exactly what was said to him so I don't know.

7 SR. SPEC. AGENT[ Zc All right.

8 Do you know of any letters of reprimand 9 that were given to (b)(7)(C)

I(b)(7)(C) 10 1 No.

ii . R. SPEC. AGENT 1(l)(7)(c) Under your 12 direction?

13 No.

14 [R. SPEC. AGENTE(b(7)(c) Okay. And 15 when (b)(7)(C) returned from the suspension did you 16 speak with him, I mean as his entrance back into the 17 facility?

I(b)(7)(c) 18 1 No.

19 [SR. SPEC. AGENT (b)(7)(C)Who conducted 20 that interview?

. (b)(7)(c)I 21 know did.

11)iI I 22 think he hadl)(7)(c) with him.

23 [R. SPEC. AGENT 1(b)(7)(c) Okay. Do you 24 know what was discussed?

(b)(7)(c) 25 I seen this reinstatement letter NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com

" 11 .

"<pc 38 1 that he was provided so I wasn't there for the 2 conversation. My assumption is that he was-- that 3 they went over the reinstatement letter with him.

4 SR. SPEC. AGENT II Okay. And do 5 you know when he came back to work at that time was he 6 told again why he was suspended initially?

7 J(b)(7)(C) That's in the reinstatement 8 letter.

9 R. SPEC. AGEN Okay. The Jb)(7)(C)I 10 actions taken against [ his suspension and 11 the 2010 mid-year performance, were any of those 12 events done because he raised safety concerns 13 r I(b)(7){C) )being in charge?

I(b)(7)(C) 14 1 No.

15 SR. SPEC. AGENTI (b)7)(C)O Okay. Have treated(b)(7)(C) 16 you treated in a different manner since he's 17 been back to work here?

18 J~(b)(7)(C) N .

18 No.

19 FR. SPEC. AGENT 1(b)(7)(c) And, again, 20 you said his performance had improved recently --

21 (inaudible) ?

22 Correct.

23 [R. SPEC. AGENTI (b)(7)(c) Okay. Do you 24 have questions you want to ask, 25 PPECIAL AGENTbc) No.

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

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com v

, 1 39 E

  • R. SPEC. AGENT 111)(7)(C) Okay. Do you 2 have any follow-up questions?

(b)(7)(c) 3 No, I don't.

4 SR. SPEC. AGENT11b)(7)(c) Okay.

5 I(b)(I)(C) just a few more questions and 6 I'll be done.

7 Have I or any other NRC employee 8 threatened you or punished you in return for your 9 testimony here today?

i0 I~(b)(7)(C) NO 10 No.

11 [SR. SPEC. AGENTIIb)(7)(c) Have you given 12 this statement freely and voluntarily?

13 I(b)(7)(C) Yes.

14 PR. SPEC. AGENT (b)(7)(c) Okay. We're 15 about to go off the record. Is there anything I 16 haven't asked you you think is important about this 17 interview?

18 No.

19 [sR. SPEC. AGENTI (bc)C) Okay. This 20 interview is concluded at approximately 2:36 p.m. on 21 September 29th, 2011.

22 (Whereupon, the above matter was concluded 23 at 2:36 p.m.)

24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com

CERTIFICATE This is to certify that the attached proceedings before the United States Nuclear Regulatory Commission in the matter of:

Name of Proceeding: Interview of (b)(7)(C)

Docket Number: 4-2011-024 Location: San Clemente, California were held as herein appears, and that this is the original transcript thereof for the file of the United States Nuclear Regulatory Commission taken by me and, thereafter reduced to typewriting by me or under the direction of the court reporting company, and that the transcript is a true and accurate record of the foregoing proceedings as recorded on tape(s) provided by the NRC.

(b)(7)(C)

LLf iciaT TtanscribeT Neal R. Gross & Co., Inc.

R 2 IOEALR.GROSS H__ - --

COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W, (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com