ML12275A515
| ML12275A515 | |
| Person / Time | |
|---|---|
| Site: | San Onofre  |
| Issue date: | 09/29/2011 |
| From: | NRC/OI |
| To: | |
| References | |
| FOIA/PA-2012-0185, 4-2011-024 | |
| Download: ML12275A515 (47) | |
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t 1
UNITED STATES OF AMERICA 2
NUCLEAR REGULATORY COMMISSION 3
4 OFFICE OF INVESTIGATIONS 5 INTERVIEW 6 - ------ x 7 IN THE MATTER OF:
8 INTERVIEW OF 01 Case No.
(b)(7)(C) 9 4-2011-024 10 (CLOSED)
- 12. ----------- x 12 13 Thursday, September 29, 2011 14 15 San Onofre Nuclear Generating Station 16 San Clemente, California 17 18 The above-entitled interview was conducted 19 at 11:06 a.m.
20 21 BEFORE:
)(7)(C) 22 [enior Special Agent n t(b)(7)(c) 23 Special Agent 24 25 4-20i11- 24__
hin NEAL R. GROSS ---.... S COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
FOAMA QaW (202) '234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com
2 7c.,
1 APPEARANCES:
2 On Behalf of the Interviewee, Other Individuals 3 Involved in the Investigation and Southern 4 California Edison Company:
I(b)(7)(C) 5 (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.
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-'7C3 3 1 P-R-O- C- E-E-D- I-N-G-S 2 11:06 a.m.
3 AGENT For the
[R. SPEC.
4 record, this is an interview of (b)(7)(C) who is employed by Southern California 5
6 Edison.
7 Today's date is September 29, 2011. The 8 time is approximately 11:06 a.m.
9 This interview is being conducted at San 10 Onofre Nuclear Generating Station.
(b)(7) C i! Imy name is I(b)(7)(C) 12 I'm a tenior Special Agents with the Office of 13 Investigations out of Region IV.
14 Also present is [pecial Agent T 15 Region IV.
I )(7)(C) 16 And with us today is ....
I 17 who is acting as your attorney.
18 This interview is being recorded. I need 19 to ask you if you have any recording devices on you?
(b(7(C) 20 No, I don't.
21 @R. SPEC. AGENT 1(b)(7)(C) Okay.
(b)(7)(C) 22 23 )7()No, I do not.
24 &R. SPEC. AGENT J Okay. The 25 purpose of this interview is to discussion allegations NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., NW.
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4 1 raised by I regarding possible 2 retaliation against him.
3 Would you raise your right hand, please?
4 Do you swear that the information yQu are 5 about to provide is the truth, the whole truth and 6 nothing but the truth, so help you, God?
7 (b)(7)(C)
ZIZZ Ido.
8 ýR. SPEC. AGENT Ib)j(C Okay. (C) 9 b)(7)(C) Idoes your company require you to have an 10 attorney present during this interview?
7)C) INO. They don't require 11 12 it.
Okay. Is UiI 13 [SR. SPEC. AGENT(b)(7)(C) b7)(C) acting as your attorney today?
14 (b)(7)(C) Yes.
15 16 [R. SPEC. AGENT (b)(7) C (inaudible) 17 was she provided by the company?
I(b)(7)(C)I 18 I7C She was provided by the 19 company, yes.
20 ER. SPEC. AGENT (b)(7)(c) Okay. Were 21 you threatened with any adverse actions if you did not 22 request an attorney for this interview?
23 (7)(CNo.
24 ESR. SPEC. AGENTI (b)(7)(c) Okay. Do you 25 understand you have the right to have a personal NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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-7c 5 1 interview without an attorney present?
2 (b)(7)(C) es.
3 [SR. SPEC. AGENT (b)(7)(C) Okay.
4 could you identify yourself for the record?
(b)(7)(C)
.5 (b)(7)(C) 6 I'm with the Southern California Edison 7 Company law department.
8 PR. SPEC. AGENn (b)(7)(c) Okay. And are 9 you representing ()today?
(b)(7)(C) 10 [ Yes, I am.
11 LSR. SPEC. AGENT [b)(7)(c) Are you 12 representing other folks in this investigation?
('6(7)(c) 13 [ Yes, I am and the company.
14 ISR. SPEC. AGENT1(b)(7)(c)G Okay. Do you 15 need to go off the record?
(b)()(C)I 16 No. Sorry.
17 [SR. SPEC. AGENT(b)(7)(C) - Okay. Let's 18 see. Do you foresee any conflict of interest here?
I(b)(7)(C) 19 No, I do not.
20 SýR. SPEC. AGENTý()()C) Okay. what if 21 one arises?
'(b)(7)(C) 22 If one were to arise, I 23 would inform 7that she has the right to 24 terminate the interview, continue it or ask for a 25 postponement until she can find representation of her NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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6 1 own choosing and that I would continue to represent 2 the company and other witnesses.
3 AGENT (bXC)
SR. SPEC. AGENTb Okay. And(C) 4 L) 1 you understand that 5 represents other people as well as the company in this 6 investigation?
(b)(7)(C) 7 Yes.
8 [SR. SPEC. AGENT I And with that 9 knowledge, you still want her present for the 10 interview?
(b)(7)(C)I 11 Yes.
12 [SR. SPEC. AGENT Okay. What's 13 your employment history with Southern California 14 Edison?
(b)(7)(C) 15 16 17 18 19 1 .SPEC. AGENT IT(b)(7)(C) IOkay. And you 20 21 work at the corporate headquarters?
22 (b)(7)(C) I do work at the corporate (b)(7)(C) 23 headquarters So up until 24 then, I was done here at SONGS four or five days a 25 week.
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7
-7c,
[SR. SPEC. AGENT 1 Okay. All 2 right.
3 And do you know [b)(7)(c) 4 b Personally? No. I know 5 of him.
6 ýR. SPEC. AGENTI""')(c) Okay. How do 7 you know of him then?
Ib)(7)(C) 8 j Interactions and 9 information I've received from his management.
10 [SR. SPEC. AGENT 1(I)(7)(C) Okay. And 11 what can you tell me about (7)(C) regarding your 12 interactions with management?
13 E(b)7)(C) Management has had some 14 issues with him as it relates to his behavior. Some 15 performance but mainly behavior. So I've been working 16 with his management team on trying to help7)(c) 1 17 improve some of the behavior deficiencies.
- . A ENT (b)(7)(C) 18 R. SPEC. A GEN TI Okay. And are 19 you aware of any of the issues that (b)(7)(c)d over 20 here regarding his objection to someone who was 21 filling in as fill-in supervisor while his supervisor 22 was gone?
(b)(7)(C) 23 Yes.
24 [SR. SPEC. AGENT (b)(7)(C)kay.
25 I I was aware of that.
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-3 8 1 [SR. SPEC. AGENTIr7c) I_ And what do 2 you know about that issue?
[(b)(7)(C) 3 He was concerned that the 4 -- the concern as I understand it was presented to me 5 was that he was concerned [that the person who was 6 filling in while his supervisorI(b)(C) lwas 7 out was not qualified to be a supervisor in his 8 opinionl 9LSR. SPEC. AGENTE()7)C Okay. And do (b)(7)(C)I "
10 you know ifh has any requirements for 11 fill-in supervisors here at SONGS?
(b)(7)(c) 12 No, we don't.
13 [SR. SPEC. AGENTIcbT)(c) 1 Okay. Do any 14 of the divisions have it -- not just operations?
15 (b)(7)(C) There' s minimum 16 qualifications you should meet. But as far as filling 17 in for somebody, what -- whether or not there's a 18 requirement down here at SONGS, I wouldn't be aware of 19 it. But I know there isn't a -- you know -- if your 20 supervisor's out, anybody can fill in that has 21 experience or those skills to do it.
22 SR. SPEC. AGENTErb)7c)(C Okay. So no 23 special training required that you're aware of?
I~)7)(C)I 24 Not that I'm aware of.
25 JR. SPEC. AGENT E7)(C) Okay.
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9 1 Regarding I(b)(7)(C) suspension from work, I 2 understand that you were heavily involved in that 3 process?
Cb)C7)(c)I 4 Yes.
5 [SR. SPEC. AGENT 11)(7)(c) Okay. From an 6 ()perspective, what did you do? What is your process 7 for that?
8 1(b)(7)(c) So in EY(b)(7)(C) specific 9 situation, it was just getting to the bottom of what 10 occurred. So talking to -- so the information that 11 came to us was that he was continuing to behave 12 unprofessionally. And so, in -- so it was a 13 conversation that took place with him to get his side 14 of the story -- people that were possible witnesses 15 and get their side of the story. And then the 16 decision was made based on that information.
17 [SR. SPEC. AGENTZb7)(C) I Okay. The 18 information that you provided regarding the way he was 19 interacting with coworkers, who provided it to you?
I~)7)(C)I 20 His management.
21 (R. SPEC. AGEN TII And who in 22 particular was that?
23 I(b)(7)(C) 24 R. SPEC. AGENT b jcOkay. Was 25 anybody else involved in the conversation with you?
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7c- 10
_b)(7C) Yes (was also (bs[)(7)(c) 2 involved. He's Imanager.
3 ýR. SPEC. AGENTI b)(7)(c) And if you 4 recall, what specifically were you told about his 5 performance -- not performance, but the way he 6 interacted with folks?
(b)(7)(C) 7 So generally -- I'll just 8 describe general behavior. Very closed off, not --
9 doesn't interact, doesn't engage with the team, very 10 negative and sometimes based on his tone and the --
11 his behavior during meetings, he shuts down meetings 12 where other people want to participate. So that 13 general -- has been an ongoing issue with him.
14 Recently, with that specific situation was 15 the manner in which he was addressing management 16 and/or raising his issues. So it wasn't that he was 17 raising issues, it was the manner in which he was he 18 was raising those issues.
19 [SR. SPEC. AGENT O1)(C) Okay.
20 b)(7)(C) Just questioning and -- in 21 an inappropriate way.
22 &R. SPEC. AGENT[b)(7)c) So prior to 23 you said (b)(c) I you worked here?
24 (b)(7)(C) IYes.
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'C-11 (b(7(C) 1 to the suspension, did you meet with[)c to 2 discuss the issues --
l(b)(7)(C)
No.
4 [SR. SPEC. AGENTZ()(7)(c) So all your 5 contact was through his management and in the hearing?
l(b)(7)(C) -
6 1 Yes.
7 SPEC. AGENT[b Okay. And 8 were you providing information or were you providing 9 advice to management on how to handle the situation 10 before he was suspended?
(D)(7)(C) 11 Yes.
12 PR. SPEC. AGENTIb What were you 13 telling them to do as far as what jM olves? This 14 is what we need to do to see that he follows up the 15 right path.
(b)(7)(C) 16 1 1 Right. It was just to ib)(7)(C) 17 talk to[ and get his side of the story before 18 we did anything.
19 [SR. SPEC. AGENT[ b)(7)(C) Okay. And 20 that was done through management?
l(b)(7)(C) 21 1 Yes.
22 [SR. SPEC. AGENTIE(b)(7)(c) Okay. So you 23 never directly talked to him to get his side of the 24 story?
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76~1 12 1 employee, no.
2 (SR. SPEC. AGENTE11)(7)(C) Okay.
(b)(7)ýC) 3 [Most of the time, we don't 4 do that.
5 ISR. SPEC. AGENT 1b1)(7)c) Is that pretty 6 much your --
I(b)(7)(C) 7 [ Standard practice, yes.
8 SR. SPEC. AGENT (b)(7)(C) Okay. All 9 right. I don't know if 'any of these --
10 1(b)(7)(C) Unless there's a conflict 11 between the manager where I feel like the manager is 12 being also inappropriate or I don't feel like he would 13 handle it appropriately, then I would get involved.
14 But that's very rare.
15 R.SPEC. AGENT IIb)7)CAnd you didn't 16 have that feeling with [ J and [.j 17 No. No.
18 ISR. SPEC. AGENT (b)(7)(C) i Okay. The 19 feedback you received from his management, was it he's 20 improving, he's not improving, we're talking to him?
21 What was their general feel?
22 1(b)(7)(C) I So previous -- before the 23 suspension, the feedback was that his behavior had 24 improved for a short-term period. Like they would 25 talk to him, his behavior would improve and then he NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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'C. 13 1 would go back to his old behaviors. And so, that was 2 the conversation up until the suspension.
3 Prior to the suspension, it seemed like 4 his behavior had deteriorated quite a bit.
5 (SR. SPEC. AGENT (b)(7)(c) When they 6 asked you about possibly suspending him or drafting 7 suspension for him, had there been thresholds met to B where they said he's not improving or he's at the 9 point now where you need to suspend him and what's 10 policy on that?
11 (b)(7)(C) It depends on the severity 12 of the situation as to the impact that it would have 13 on either management or the rest of the team. 3ut I 14 know that he as given a letter of reprimand for his 15 behavior and was ,also on a performance improvement 16 plan. And so the expectations were pretty clear as to 17 what management expects as it relates to behavior in 18 the workplace. And he had not met that. And if 19 anything, it had gotten worse. So suspension was 20 warranted.
21 [SR. SPEC. AGENTEI ()7C okay. Do you 22 know when the letter of reprimand was provided to him?
(b)(7)(C)J 23 [ I don't have the exact 24 date. I have a copy of it.
25 SR. SPEC. AGENTI(b)(7)(c) I If you have a NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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J.*p 14 1 copy of it, I'd like to see it.
(b)(7)(C) - I t'll take me a minute.
2 3 [SR. SPEC. AGENT)(c No problem.
(b)(7)(C) You know what? I may not 4
5 have a -- the versions that I have are my edits. I 6 don't think I have a signed copy. But I can get that 7 for you.
8 1hR. SPEC. AG'ENTI()()C) - Okay. Are 9 those placed in his personnel file where he gets the 10 letter of reprimand?
7b)(C) Yes.
11 12 [SR. SPEC. AGENT (b)(7)(c) 7 Okay. When I 13 reviewed his file, I remember seeing one from 1998, I 14 believe. But I don't remember seeing a recent one 15 unless I overlooked it.
e --
h)(7)(C) so sometimes 16 17 management is not as fast at sending the paperwork 18 down.
19 [SR. SPEC. AGENT[ (b)(7)(C Okay.
20 I So it -- so it's not out 21 of the ordinary that it may not be in his personnel 22 file.
23 Yes, I may have to get back to you on 24 that.
25 [SR. SPEC. AGENT 7)(c) Okay. The NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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'7c 15 1 letter of reprimand was for his attitude basically?
2 Am I phrasing that wrong or --
3 rb(7(C) IFor his behavior--
4 [SR. SPEC. AGENT!' His behavior?
5b)(7)(C)-- in the workplace, yes.
6 Unprofessional behavior.
(b(7)(C) 7 [SR. SPEC. AGENT r Okay.
8 I(b)(7)() I Yes. And I don't remember 9 if it was a letter or a memo to file. I -- I would 10 have to check my records.
11 1(b) Can we go off the record 12 a moment?
Jb(7)(C) 13 [SR. SPEC. AGENTE Sure. We're 14 go off the record here at 11:16.
15 (Whereupon, at 11:16 a.m., off the record 16 until 11:20 a.m.)
17 [SR. SPEC. AGENT It's about 18 11:20. We're back on the record.
j(b)(7)(C)j 19 you said that we were 20 looking for a letter of reprimand.
(b)(7)(C)e 21 Yes.
22 LR. SPEC. AGENT r(7c) And you said 23 it possibly could have been one that was given to him 24 several years ago?
(b)(7)(C) 25 Yes.
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-7 16 1 ER. SPEC. AGENT (bX)(7c) 7 Okay. I don't 2 think I have this one. Okay.
3 The suspension, I guess the (inaudible) 4 suspension, to recap it you were provided information S by the management team saying his mannerisms weren't 6 improving or his performance. You're saying 7 (inaudible) behavior were looking at that performance 8 -
[(7)(C) 9 C I Yes.
10 [SR. SPEC. AGENTT7)(C -) was not 11 improving. So it got to the point to where we're 12 going to suspend him or (inaudible) to suspend him?
13 (b)(7)(C)I Yes.
14 [SR. SPEC. AGENT (b)(7)(c) Okay. What 15 happened at that point when you were asked how do we 16 draft the suspension for him or whatever role is 17 in suspending him?
18 b7 1 So normally, again going 19 back and looking at history, so that's the history 20 that I remember seeing a letter of reprimand. Went 21 back and looked at history. This is not just a new 22 problem so we -- because I wanted to make sure that 23 this -- we're not just going to suspend somebody just 24 because maybe they're having a bad half of a year or 25 whatever. But because there was past history, I felt NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.
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17 1 like you know what, this seems like it's been an 2 ongoing issue. It keeps happening. If anything, it 3 keeps getting worse. So it was -- my role was to look 4 at big picture, look at history, look at big picture, 5 look at currently what's going on and just ensure that 6 management has done their due diligence in speaking to 7 him and getting his side of the story before 8 implementing the suspension.
9 Prior to the suspension, we'd go up to our 10 review board. And at the review board, we -- the 11 board decides whether or not there's going to be a 12 negative impact on a safety conscious work 13 environment. And then the discipline is implemented.
14 SR. SPEC. AGENT [ j Okay.
(D)(7)(C) 15 [ The letter is drafted 16 after and given to the employee after he comes back 17 from suspension.
- I~b)(7)(C) 18 ER. SPEC. AGENT [ j Prior to 19 suspension, you said there's a review board. Is there 20 any documentation or record of that review board what 21 was discussed during that board?
1(b)(7)(C) 22 Yes. There's paperwork 23 that's completed.
24 rsR ISPEC. AGENTI (bT)(c) Okay. Do you 25 have that paperwork?
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18 1 E)I7I do.
2 ER. SPEC. AGENTI(b)(7)(C) Who normally 3 sits on these boards?
4 II (b)(7)(C)
In order for there to be 5 a quorum, it normally consists of employer relations, 6 somebody from the law department, representation from 7 nuclear safety concerns or employee concerns program 8 and the line manager.
9 ýR. SPEC. AGENTI (b)(7)ýC) Okay.
10 [jI And then any other person 11 that wants to be involved from the line.
12 ER. SPEC. AGENT I(b)(7)C) ] Okay.
13 (inaudible) mitigation plan. It's just a standard 14 form that's used in the process?
I(b)(7)(C) 15 Yes.
16 [SR. SPEC. AGENTb On the fact-17 finding summary form, I've got a copy of it also.
18 I Okay.
19 IR. SPEC. AGENýI(b)(Zc) I Was there any 20 process that you were personally involved in for this 21 form -- this fact-finding form -- or the information 22 on the fact-finding form? In other words, did you 23 conduct any interviews that you personally meet with 24 people (inaudible) his behavior?
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19 1 team.
2 PSR. SPEC. AGENT r )(7)(C) Okay. And the 3 person that initiated this would have been) or b)(7)(C) I 4
(b)(7)(C) 5 6 ER. SPEC. AGENTZ b) Okay. Now 7 when the decision was made to go in and suspend him, 8 you said it was behavior-related problems. Were there 9 any other issues that -- performance, or any violation 10 of a work rule violation?
(b(7(C) 11 177 There were some -- some 12 mention of performance as it relates to him not 13 sending theaI b)(7)(c) t(b)(7)(C) because he 14 felt like fi Idoesn't -- is not qualified 15 or is not skilled enough to review the Ib)(7)(c) that 16 he already has reviewed.
17 ýR. SPEC. AGENT Okay.
)(C) I So -- but again to me that 18 19 was a performance issue. But I think the expectation "7)(c)1C) 20 was that by hat it's nice that you 21 have an opinion about my qualifications but you still 22 have to send the7 down.
[b)(7)(c).
23 LR. SPEC. AGENT[ So it wasn't 24 the quality of or the timeliness of his work, it was 25 not following the procedures or processing issues?
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.-c , 20 1 (b)(7)(c) Not following process.
2 And again not being engaged with management.
3 (SR. SPEC. AGENT 77(ci okay. Was 4 there any mention of previous mid-year appraisals --
5 2007-2008 appraisals that came out during the 6 discussions with management?
( )(7*C) 7 f f ij Yes. As we were looking 8 at his past history -- again going back to that letter 9 and everything else -- it was just reviewing the 10 personnel files to see what has been written in his 11 past performance development plans. And those issues 12 came up. But it wasn't like this -- it wasn't 13 discussed in great detail.
14 IR. SPEC. AGENT r)[)c Would that 15 normally be an issue that you'd look at -- some 16 appraisal from a mid-year from three to four, five 17 years ago to discuss in order to decide a suspension?
18 Normally we try to stick 19 to the current -- like maybe the last two years. But 20 if I feel like it's -- because a suspension is a 21 pretty big deal, so I -- you know -- we want to make 22 sure that again, this is not somebody's who's having 23 just a bad time.
24 [R. SPEC. AGENTZI(7)(C) Right.
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-7 r 21 1 ongoing issue. And that's -- so we -- we did go back 2 and look at the personnel file and saw that again, he 3 makes improvements and goes back to old behaviors and 4 so--
5 (R. SPEC. AGENT1 b)(7)(C) Okay.
I(b)(7)(C) Yes.
7 SR. SPEC. AGENTZ( Are there any 8 restrictions from the(c) side of the house that said E(b)(7) 9 you can't go back so far as to look at his 10 performance? Can you go back to the day he started?
11 Or is there any type of restrictions as far as how far 12 you can go?
13 1(b)(7)(C)i wouldn't say there's 14 restrictions. But I'd say -- you know -- you want to i5 stick to the current time frame.
16 [R. SPEC. AGENTE I Okay.
17 (b)(7)(C) I es. But again, if it's 18 relevant to what's going on now -- something that's 19 happened before -- it's important to have that history 20 to review.
21 [SR. SPEC. AGENTbC) Okay. So it 22 wouldn't be uncommon to go back three, four, five 23 years and look at someone's performance appraisal?
I(b(7)(c) 24 It would not be uncommon 25 if it's relevant to the current issue.
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22 1 *R. SPEC. AGENT (b)(7)(C) Okay. And 2 again, besides his behavior, were there any work rule 3 violations that were mentioned in particular?
4 b)(7)(C) Not that I'm aware of.
5 ýR. SPEC. AGENT (7) i Degrading 6 another employee, not just disrupting the group, but 7 just degrading someone and was there a personal attack 8 on someone? Was that ever mentioned?
I(b)(7)(C) 9 [ I do remember -- yes, him 10 -- he -- what I recall is him speaking that way to the 11 supervisor that was taking (b)(7)(C) Iplace, 12 and the manner in which he was -- in which he either 13 spoke about her. I don't remember if he spoke 14 directly to her in a degrading manner but -- or he 15 spoke about her that was overheard. I don't recall 16 that piece. But I do remember there being an 17 incident.
18 PR. SPEC. AGENTI (b)(7)(o) Okay. And 19 again, other than the fact-finding summary, was there 20 any other documentation provided before his -- not to 21 him but to'ito review or for the team to review?
I(b)(7)(C)I 22 Just emails about here's 23 what I talked to about, here's what he said.
24 [SR. SPEC. AGENTI (b)(7)(c) Do you have 25 copies of those emails by any chance?
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C. 23 7)(C) 1 I may.
2 [SR. SPEC. AETI(b)(7)(C) Okay. I'm 3 glad you came with the file by the way. You have some 4 of the information that we're looking for.
5 1(b)(7)(c) 1I have -- I have this 6 which I think is relevant -- a one on one (inaudible)
(b)(7)(c) 7 I'll give you a copy.
8 [b)(7)(C)C) IR. SPEC. AGENTI 7 okay. Wa~Z 9 [(j advised to have someone else in the room 20 by(b_)(_7_) (b)(7 3(cCthi 10 by tsL* when he spoke with IC Iabout his 12! performance or about his behavior?
12 1~~(b)(7)(c) I Y s 121es 13 [SR. SPEC. AGENT Okay. And did 14 he adhere to that to your knowledge?
15 I b)(7)(C) From what I understand, he 16 did. I think in the beginning he was having just one-17 on-ones with him by himself. And then after he came 18 to me and asked me for advice, I said it's -- it's a 19 good idea to have somebody else in the room generally.
20 Some of the -- some of his responses are 21 funny.
7(b)(7)(C 22 (inaudible).
J(b,(7,(C)J 23 Oh, okay. I think this is 24 your copy.
25 [SR. SPEC. AGENT (b)(7)(C) Were any of NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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24 1 these meetings recorded or just by memory or by notes?
)(7)(C) 2 [ By notes. We generally 3 don't record meetings.
4 ISR. SPEC. AGENTTII)(7)(C) Okay.
5 ](b)(7)(C) Everything else is just 6 kind of similar summaries related -- (inaudible).
7 R. SPEC. AGENT Now these were 8 all meetings to discuss his behavior?
(b)(7)(C) 9 Yes.
10 fR. SPEC. AGENTI (b)(7)(c) Okay. Just 11 for the record, providing emails and i7)(c)is (b)(7)(c) 12 documents from meetings withZ 13 Okay, All these were held after his 14 suspension. Were any of them prior to his suspension 15 that you have?
16 Do you have -- do you have 17 the date of the suspension?
18 ýR. SPEC. AGENT Yes.
19 September 20th through September 24th of 2010.
(b)(7)(c) 20 Here's one.
21 [SR. SPEC. AGENT This is 2011.
22 So --
23 I'm sorry. You said 2010?
Yes. 2010.
24 bR. SPEC. AGENT[
25 September of 2010.
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25 I(b)(7)(C)I 1 Oh. Gosh. I'm in the 2 wrong year.
3 Do you have this stuff?
I(b)(7)(C)I 4 [ He doesn't have this one.
5 No.
6 Okay.
7 ýR. SPEC. AGENT Okay.
8 (b)(7)(C) This is just a -- just the 9 amount of -- when he filed a focus on resolution and 10 then decided to withdraw it. (inaudible).
I(b)(7)(C)I 11 [j (inaudible). I gave you 12 the performance improvement plan from September 2009.
13 ýR. SPEC. AGENT(b)(7)(c) I Okay. Was any 14 of the bodies or any other people in group 15 ever suspended either in the general time frame of 16 2009 to 2011?
17(b7)(c) Not that I recall. 'There 18 were -- there were people in his group who were also 19 given performance improvement plans, but not 20 suspended.
21 IR. SPEC. AGENT (b)(7)(C)I Same type of 22 behaviors or for performance?
(lb)(7)(C)I 23 ( Not -- similar to -- there 24 was a couple with the same type of behavior. There 25 was a couple also for performance.
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26 1 [SR. SPEC. AGENTbc) Okay. The 2 investigation was (inaudible) fact-finding center was 3 an investigation conducted.
4 Yes.
5 [SR. SPEC. AGENT 1 And this was 6 provided by ,(jis that correct?
7 [~~b)(7)(C) J Y s 7 1 Yes.
8 ER. SPEC. AGENT J(b)(7)(c)
Okay. In the 9 information on here was also provided by (bnomt(C) o 10 You don't know what took place regarding 11 this fact-finding summary. Particularly, do you know 12 if he was ever interviewed regarding these issues 13 relative to his suspension?
b)7(C) 14 Yes. The expectation was 15 forl to interview17bC - And it 16 was my understanding that that took place.
17 [SR. SPEC. AGENTZc Okay.
18 Again, his side of the 19 story as to did you or did you not make these 20 comments.
21 [SR. SPEC. AGENTT7)c) And that would 22 have been per (inaudible) suspension leading up to the 23 suspension, we're doing an investigation to find out 24 what happened?
Ib(7)(C) 25 I Yes.
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-9 Ci 27 1 [SR. SPEC. AGENT (b)(7)(c) And we need 2 the interview as part of this investigation?
3 (b)(7)(c) Yes.
I R. SPEC. AGENT()(7)(c Didlc(b)(7)(c) 4 5 know there was an investigation being conducted 6 regarding his performance or his activities?
7 So I'm not sure if he 8 would have known that if there was an investigation 9 per se or that specific word would have been used.
10 But his manager would have sat down with him and said 11 I'm looking into what occurred and some comments that 12 you made so I need to ask you and get your side of the 13 story.
- AGEN TII)z)c 14 [SR. SPEC. (b)(7)(C) Okay. That 15 would have been specifically told to him that this is 16 why we're asking you these questions?
17 I~)()Yes.
17b)(7)(C) 18 [SR. SPEC. AGENT )"_7 Okay.
19 _ I don't know if I I 20 (bv)((c) fused the word investigation.
21 PR. SPEC. AGE NTII Okay.
I(b)(7)(C) 22 And that -- I don't even 23 know about it would beonecessary to do that.
24 ISR. SPEC. AGEN TIII Well, I guess 25 what I'm asking you is other than normal conversation NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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-7cr 28 1 with his supervisor, he would have known that they're 2 performing a specific inquiry --
3 (b)(7)(c) I Right.
4 [9R. SPEC. AGENTI (b)7c) -- into this 5 matter?
)(C) 6 b7 Yes.
7 SR. SPEC. AGENT 1(b)(7)C) And we're 8 asking you questions about this inquiry?
9 7 Yes. Absolutely.
10 [SR. SPEC. AGENTE b()() - Okay. And to your knowledge, that was known byJI(b)(7)(C) 11 12 (b)T)(C) Yes.
13 PR. SPEC. AGENTI (b)7)(C) Okay. Would 14 you have asked[ 7)(C) if that was done to him?
15 f fj No.
16 [SR. SPEC. AGENT rrC) or ask if he 17 was interviewed?
18 No.
19 [SR. SPEC. AGENTII(b)(7)(C) Were there any 20 notes or documentation turned into you by 21 jabout the information he gathered or- notes 22 taken during the interviews?
23 I don't recall. I don't 24 have any here. I would have handed them to you. But 25 I can check my emails and see if I remember him NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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29 1 sending me an email.
2 (R. SPEC. AGENT 11117)(C) Would he have 3 those? Would he be required to maintain those if he 4 took notes?
(b)(7)(C)
S I Yes.
6 [R. SPEC. AGENT [) J Okay. And 7 I've already asked you and you said you'd never met 8 with in--
9 1 haven't.
10 *R. SPEC. AGENTE --- before, 1I during or after his suspension.
I(b)(7)(C)I 12 1No.
13 FR. SPEC. AGENTI (b)(7)(c) Okay. And the 14 performance improvement plan, what is [j role in 15 that? Is advice sought from people to do that or did 16 you do it on your own -- the performance improvement 17 plans?
I(b)(7)(C) I 18 f f i j Mostly we did them 19 (inaudible). Usually there's -- the requirement is 20 that they run it by employee relations before it's 21 implemented and executed with the employee.
22 [SR. SPEC. AGENT Okay.
23 (inaudible) policy guidance I guess fromEEL nd I just 24 wanted to go over it a little bit with you --
2 5 ~~(b)(7)(C) Oky 25 [j Okay.
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~1 30 1 [SR. SPEC. AGENT 1-b)(7)(C) to make 2 sure that we're talking about the same thing.
3 (!b)(7)(C) I Sure.
4 ER. SPEC. AGENTEb(7)(C) Performance 5 measure, would that be the improvement plan or the 6 performance -- overall performance -- this document 7 here?
8o IPerformance measure would 9 just be overall performance. A performance 10 improvement plan would be a part of this.
11' R. SPEC. AGENT [b)(7)(C) Okay. Is 12 there a particular --
13 .(b)(7)(c) I don't think there's any 14 mention of it.
15 [SR. SPEC. AGENTI (b)(7)(c) It's not being 16 mentioned? Okay.
17 So the performance improvement plan would 18 be a supervisor's --
19 Ib)(7(C1 Discretion.
20 SR. SPEC. AGENTE){7)(c) -- whatever he 21 wanted to 22 (b)(7)(C) Or a tool.
23 [SR. SPEC. AGENT[ If he decided 24 he needed it, that would be blessed by1basically?
I(b)(7)(C) 25 Yes.
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'CD 31 1 [R. SPEC. AGENTIc()(7)(C) Okay. And the 2 corrective action -- this regards the suspension I'm 3 assuming?
4 ) I It's the __ yes.
5 [SR. SPEC. AGENTI )(7)(C) The guidance 6 for the suspension?
7 I(b)(7)(c) Yes. And the steps _. how 8 -- how do you get to a suspension.
9 FR. SPEC. AGENTZ b)(7)(c) Okay. And to 10 your knowledge, the steps were appropriately followed I! in this case?
(b)(7)(C)I 12 Ij I Ibelieve so, yes. And 13 then there's times where you don't have to follow --
14 you know -- every single step there. You can skip a 15 step -- skip a step based on the severity of the 16 issue. Yes.
17 PR. SPEC. AGENT II Okay. And the 18 written reprimand I see here, like I said the one I 19 saw was in '98.
20 (bb)(7)(C) IYes.
21 ýR. SPEC. AGENT You said you 22 don't know if there's a newer one written.
I(b)(7)(C) I Yes .
23 24 tR. SPEC. AGENTcI(b)(7)(c) If they wrote 25 one in '98 and the same problems were persisting since NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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-9 32 1 '98 off and on, could they refer back to that 2 reprimand letter or do they have to write a new one 3 saying just we're looking at this issue now so we want 4 to write a letter of reprimand?
I(b)(7)(C) 5 '98 would be a long time.
6 I would say that hopefully there is some other 7 documentation like a performance improvement plan and 8 the expectations that in that performance improvement 9 would be sufficient enough to say we can skip a 10 written warning and go straight to suspension because 11 he's been given something in writing as to what 12 management expectations are.
13 ýR. SPEC. AGENT (b)(7)(C) Okay. And the 14 performance improvement plan discussed with 1Iis 15 managed by the manager's himself --
16 16 ~ ~ -
(b)(7)(C) IYs Yes.
17 tR. SPEC. AGENT I--)7)C or the 18 supervisor himself. So you guys have no day-to-day 19 contact with them?
20 J~(b)(7)(C) No 20 1No.
21 SR. SPEC. AGENT[ J Okay. And 22 performance appraisals -- I'm assuming this also goes 23 to performance appraisals and the way that they're 24 managed and ffected? Does(b)(7have any input to 25 -- the performance appraisals?
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33 i
I(b)(7)(c) Sometimes we do. If it's 2 -- if it's a problem employee or a manager says hey, 3 before I give this, can you just give it a review.
4 Sometimes we do, but we're not required to check every 5 single one.
6 [SR. SPEC. AGENT 1(b)(7)(C) And do you 7 ever recall reviewing anything for I-- an 8 appraisal for 1 _7t 9 I Yes. I recall seeing it, I
10 and I also recallE) (phonetic) also was 11 involved in it.
I(b)(7)(C) 12 So my role is as a I (b)(7)(C) is I
to deal with more disciplinary 13 issues --
14 day-to-day things like a review of a PDP would be done 15 by the Ib)(7)(C) here.
16 [SR. SPEC. AGEN T I Okay.
17 ()7()ISo I know Z was 18 involved in reviewing it. But I do remember also 19 seeing it just kind of making sure that if there's 20 something that he'd been pinged for of getting any NI 21 (phonetic) that there's good documentation in there 22 about why he's getting it.
23 [SR. SPEC. AGENTE (b)(7(C) Okay. And any 24 NI he might have received or any bad remark, was there 25 appropriate documentation or an appropriate reason in NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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34 1 for it in your opinion whenever you reviewed his 2 performance appraisal?
(b)(7)(C) 3 I believe so, yes.
4 [SR. SPEC. AGENT I(b)(7)(C" Okay. And 5 prior to him being suspended and working with 6 was there any other problems that you were 7 aware of that he was having -- not personal but 8 performance-based or -- I know he's had -- maybe the 9 only reason he was suspended was for peer problems.
10 Were there any other professional issues he was 11 dealing with that you're aware of?
((b)(7)(C) 12 i 1fNot that I'm aware of.
13 ýR. SPEC. AGENT Okay.
14 do you have any questions for her?
15 PECIAL AGENT No.
16 ýR. SPEC. AGENT I Do you have 17 anything to follow up on?
18 Yes. When you say that he 19 (inaudible) wasn't dealing with his peer-to-peer 20 behavior, were you including in that his behavior with 21 his supervisor and manager?
22 (b>(7XC) Just his general behavior 23 in the office, yes. So peer-to-peer, peer to -- him 24 with his supervision, him with his management. Yes.
25 what Wbx7xC) were the issues with NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N-W.
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35 1 his supervision and management?
2 fb7( Borderline insubordination 3 or just insubordination was one of them, just 4 unprofessional conduct, inappropriate behavior as far 5 as the way he would communicate to management, just 6 very disrespectful. Again closed off, not engaged.
(b)(7)(C) 7 Do you recall any specific 8 incident?
b)7(C) 9 [j I remember the first time (b)(7)(C) 10 came -- came to my office. He said, 11 "I have a difficult employee. I need your help. I 12 don't know what to do." And he mentioned to me that 13 it wasl 7)(C And I had heard of 14 just previous issues with his behavior. And so, we 15 talked about it, and he - - I remember 16 saying He's just such a difficult person to get along 17 with. I don't -- I need some tools. I need some help 18 on how to deal with a difficult person because I don't 19 think he respects me. He doesn't act like he respects 20 me. So there was a big discussion about that.
21 So as far as specifics, it would take me 22 a minute to think of a specific incident because 23 there's just so many.
24 Then -- so after that conversation -- that (b)(7)(C) 25 was the first time I met After that NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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C, 36 1 initial conversation, he and I talked periodically --
2 I -- I'd say at least one a week whether it was on 3 email or -- or like calling to how to deal with 4 somebody like him.
5 [SR. SPEC. AGENT Ii6")i7)(c) Do you recall 6 when that was when he first approached you about 7
b(b)(7)(7 8 It was in 2010, and it was 9 some time after -- it had to have been some time after 10 mid-year assessments in 2010. So after -- some time 12 after June or July.
12 FR. SPEC. AGENTIZ(bT)(c) C Okay.
I(b)(7)(c)"I And kind of saw me and 13 14 passed me and he said what do you do for a living?
15 SR. SPEC. AGENTZI(bX)(c) Who asked you 16 that?
(b)(7)(C) 17 ( IHe said what does (b)(7)(C) 18 do. And I -- so after we :- I'd 19 explained to him, he said oh my gosh, I have this 20 issue I need your help with.
21 FR. SPEC. AGENTZIb)(7)(c) And other than 22 supervisors or managers of[ b)(T)(C) I did any peer 23 approach you with a problem that they were having with 24 him?
25 b')(7)(C)
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37 (b . SPEC. AGENT (b)(7)(C) Yes.
(b)(7)(C) 2 No.
3 SR. SPEC. AGENTZI(7)(C) Okay.
(b)(7)(C) 4 I think we have a date on 5 the document that the issue from (inaudible) is one of 6 being upgraded happened in July. But the suspension 7 wasn't until September of 2010. What happened in the 8 interim?
9 1(b)(7)(C) IThere -- so if an incident 10 occurs and a month and a half or two months go by 11 before the person is suspended, I -- I'd say not 12 specific incident -- it was getting information, 13 talking and trying to verify that he was -- 7 he'd 14 behaved unprofessionally speaking with7 and 15 getting his side of the story. A lot of conversations 16 would have taken place and -- and interactions with me 17 in (b)(7)(C) I-- here' s what he said or here' s 18 what she said, and then talking about next steps.
19 (b)(7)(C) When you were talking 20 about how an investigation should be conducted, you 21 talked about tha su should gebc 22 started this (inaudible) which (inaudible). Did it (b)(7)(C) 23 have to be to start the procedure 24 requirement that it be (inaudible) supervisor?
I(b)(7)(c)I 25 There's no requirement.
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38 1 It's preferred that it's the immediate supervisor.
2 But a (inaudible) level can do the same thing.
l(b)(7)(C) Y u(b)(7)(c) 3 You know who 4 is?
I(b)(7)(c)I 5 11 Yes.
(b)(7)(C) 6 1 1 Okay. And what was his 7 relationship to at a(b)(7)(C) the time?
8 r[ think I7)C)1 [I was 9 trying to secure a job in (b)(7)(C) division.
10 Do you recall(b)(7)(c) ii being involved in the decision to suspend E77ll I(b))(7)c) 12 [ 1 don't remember.
13 (inaudible), I don't remember.
(b)(7)(C) 14 I'm showing her an email 15 dated August 19, 2010 from where 16 l is one of the people who [ j would 17 have sent the email.
(b)(7)(C) 18 [ Yes, I remember that.
(b)(7)(C) 19 Okay. So in the beginning 20 of the email, it says "I met withI b)(7)(c) today."
21 And do you recall having a discussion withI)(7)(c) 22 about the issue of being upgraded -- it's 23 his supervisor -- fill in while (b)(c) was 24 gone?
25 _ I do remember having that NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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39 1 conversation with him.
(b)(7)(C) 2 What did you learn from 3
4 I(b)(7)(c) Just a comment thatZC 5 had made about her and there was also another -- an 6 inappropriate comment.
7 Okay.
(b)(7)(C) 8 I don't remember 9 specifically.
10 When you say her, are you I(b)(7)(C)I 11 referring to (b)(7)(C)
I(b)(7)(C) 12 I.Yes.
(b)(7)(C) 13 Okay.
14 (b)(7)(C) ffiJ IS r y Sorry.
(b)7)() I SO was it your 15 16 understanding thattIZ(b)(7)(c) tol(b)(7)(C) that he 17 felt tha was not an appropriate fill-in f rr)(7)()
18 19 Fb()(C) = Yes, that was what 20 happened.
21 And then you said he said (b)(7)(C) 22 something else inappropriate about [
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'C, 40 1 because of the way she dresses and the red lipstick 2 that she wears -- something to that effect.
I(b)(7)(c ) I 3 [ And did that become part 4 of the reason for the suspension?
5 (b)(7)(C) That was considered as 6 part of the reason, yes.
7 [
(b)(7)(C)
Would that conversation Sthat Ib)(7(c) lhad withl (b)(7c) be considered an 9 investigative (inaudible)?
10 (b)(7)(C) ThatI (b)(7)(c) ad with 11 ~ 7( )Yes.
12 And could that even be the 13 basis of the discipline?
(b)(7)(C) 14 It would be part of the is fact-finding that [would -- yes -- be given 16 and -- and yes, and that fact-finding was shared with 17 me.
- R. SPEC. AGENT 11)(7)(C) Whethe l(CjI 18 19 b)(7)(c) 10(b)(7)(C)" or whoever spoke with j 20 it would have been incumbent upon him to tell 21 him that you're being interviewed because of an 22 inquiry we' re conducting for a possible suspension, is 23 that right?
24 I wouldn't -- they 25 wouldn't say for a possible suspension.
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- -7 dl' 41 1 ISR. SPEC. AGENT Ib)(7)(C) Oh, they 2 wouldn't let him know up front that we' re looking into 3 this because of what you said or because --
4 1 Yes.
5 PR. SPEC. AGEN (b)c)4 I -- of possible 6 disciplinary action -- whatever it could be?
b)(7)(C)]
8 guidance that I gave to was just --
9 you know -- sit down with him and let him say hey, 10 there's something that was brought to my attention 11 that I need to talk to you about and just get your 12 side of the story again, give you the -- you know --
13 [SR. SPEC. AGENT [)j So "as an 14 employee at SONGS or at Southern California Edison, if 15 some sits down with me and talks with me, would I 16 leave that meeting knowing this was an -- well, not an 17 investigation but an inquiry into a matter they're 18 looking into, correct?
(b,(7)(C) 19 Absolutely, yes.
20 [SR. SPEC. AGENT[()(7)(C) Okay. So when (b)(7)(C) 21 left that meeting, there should have been no 22 doubt in his mind that they're looking at this issue?
(b(7)(C) 23 I don't think so. There 24 -- there shouldn't be any doubt in his mind. Yes.
25 *R. SPEC. AGENT7c Whether (b)(7)
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¢ 42 C.4)(b)(7)(C) l!j in the interview or not?
2 (b)(7)(c) I Right.
3 SR. SPEC. AGENT (bl7(X(C) Okay.
(b)(7)(C) 4 Have you had situations 5 where the employee after having such a conversation 6 told you that they did not understand it to be an 7 investigation?
(b)(7)(C) 8 I've had that happen. But 9 -- you know -- and I'll tell you, the word 10 investigation is such a -- I think strong word. And 11 especially down here at SONGS, it's -- if you can 12 avoid using that word, I'd rather -- so I'd rather a 13 -- a manager say I'm here because I'm doing a fact-14 finding to gather facts and find out what happened 15 versus saying I'm here to do an investigation because 16 it puts people -- right away they tense up and they 17 get defensive. And unless it's a formal investigation 18 that's being conducted into specific -- you kfiow --
19 policy or ethics and compliance issues, it's -- I 20 don't know -- my --
21 ýR. SPEC. AGENT Z()(7)(C) I thought of 22 the word investigation because that's all I do is 23 investigate.
24 (b)(7)(C) Right.
25 SR. SPEC. AGENTIbZc It rolls off NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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'C-.
43 1 my tongue like anything else.
(b)(7)(C) 2 Yes.
3 *R. SPEC. AGENTI (bT)7C) But inquiries 4 or fact-finding mission or we're conducting whatever 5 we're conducting some type of --
I(b)(7)(c)I 6 I'm looking -- I'm looking 7 into a situation that's been brought to my attention.
8 I need to sit down with you and as you're involved in 9 it and so I need to get your side of the story as to 10 what occurred. That would be appropriate without 11 saying that it's an actual investigation because again 12 that puts people in a really defensive and -- and then 13 they go up going -- leaving the office thinking oh my 14 God, I'm being investigated which starts impacting 15 their work because they can't really focus.
16 So if we can avoid the word investigation 17 in a -- in an informal or -- or in a formal inquiry 18 discussion, then we try to do that.
19 [R. SPEC. AGENT NTII)(C) Okay. But 20 when an employee leaves the room, it is I guess 21 preference that there's not doubt in their mind that 22 this issue is being looked into?
I(b)(7)(C) 23 [ Right. There is --
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.I044 1 management is looking into it, and I'm being asked 2 about what my behavior or what my performance is.
3 There's no doubt -- there should be no doubt in the 4 employee's mind about that.
5 ER. SPEC. AGENTrIcb)(c) C Okay.
(b)(7)(C) 6 Yes.
7 (( If there is a doubt in an 8 employee's mind, does that change the outcome of the 9 discipline?
10 1(b)(7)(C) I t does not. But I'm 11 hoping that if there's doubt in an employee's mind he 12 can either go back and ask his management about it or 13 say hey, what was that that we just had. Was that --
14 was that a disciplinary discussion or -- but I -- but 15 -- you know -- also employees most of the time will 16 ask well, what does that mean. Am I going to get 17 disciplined? Is something going to happen? And the 18 manager will normally say I'm not sure. I'm doing a 19 fact-finding right now to see. Yes.
20 ER. SPEC. AGENT I(b)(7)(C Okay.
(b)(7)(C) 21 Were you (inaudible) the 22 suspension meeting?
.23 No.
I(b)(7)() NI 24 f f ij Did you get involved in 25 preparing management for the suspension?
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' .. t. a 45 1 j)()() Yes.-
(b)(7)(C) 2 [(j Okay. Tell us a little 3 bit about what you did.
I(b)(7)(C) 4 j We talked about what the 5 meeting would -- would be -- what -- what we would 6 anticipate as far as reaction from l and how 7 to -- you know -- kind of role playing and what do you 8 say. And as you know, there's a -- you know -- we 9 looked into the situation that was brought to our 10 attention. We talked to you about it. And as a 11 result we feel your behavior was unprofessional. And 12 as a result of that, you're being placed on a five-day 13 suspension. That's -- that's the standard kind of a 14 talking point that I give to managers.
I(b)(7)(C)I 15 At any point in your 16 discussions between the time that the incident 17 occurred in July until the suspension, were you aware 18 that written a (inaudible) notification?
(b)(7)(C) 19 No.
(b)(7)(C) 20 Did the fact that he had 21 complained about the Eecision to upgrade I(bG)(7) 22 was that ever the issuel 23 Tb)(c) hat he complained'about 24 it? No. It was the manner in which he was addressing 25 it.
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i.,. .. V 46 1 [SR. SPEC. AGENT (b)(7)(c) I Anything else?
2 I(b)(7)(C) No.
3 ýR. SPEC. AGENT (b)(7)(c) Do you have 4 anything?
5 1 have a few other questions then we'll be 6 done.
7 I(b)(7)(C) Okay.
8 [SR. SPEC. AGENT (b)(7)(C) 9 have I or any other NRC employee threatened you or 10 promised you anything in return for your testimony 12 here today?
(b)(7)(C) 12 No.
13 [SR. SPEC. AGENTIG3b)(7)(c) Have you given 14 your statement freely and voluntarily?
(b)(7)(C) 1.5 Yes.
16 [SR. SPEC. AGENT (b)(7)(C) l Before we 17 close out, is there anything I haven't asked you that 18 you think is important about this matter?
19 ~~(b)(7)(C) NO 19No 20 [SR. SPEC. AGENTI b()C) Okay. This 21 interview is concluded. It's approximately 11:54 a.m.
22 on September 29, 2011.
23 (Whereupon, at 11:54 a.m., the interview 24 was concluded.)
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4 t~-~ J~
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 I(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.
Pzricia+/- 'i'r-an Lscriner-l leal R. Gross & Co., Inc.
EXH!ETJ.
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