ML12320A420
| ML12320A420 | |
| Person / Time | |
|---|---|
| Site: | San Onofre  |
| Issue date: | 01/12/2012 |
| From: | NRC/OI/RGN-III/FO |
| To: | |
| References | |
| 4-2011-059, FOIA/PA-2012-0238 | |
| Download: ML12320A420 (15) | |
Text
EXHIBIT 22 Case No. 4-2011-059 EXHIBIT 22
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9 i0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFFICE OF INVESTIGATIONS INTERVIEW X
IN THE MATTER OF:
INTERVIEW OF (b)(7)(C)
- 01 Case No.
- 4-2011-059 (CLOSED)
X Thursday, January 12, 2012 (b)(7)(C) o f e
if fice San Onofre Nuclear Generating Station 5000 Pacific Coast Highway near San Clemente, California The above-entitled interview was conducted at 11:50 a.m.
BEFORE:
(b)(7)(C)
,f*rmition in this record was deoted i accordance wvththe Freedom of IomaE T
ct, exemptions 167 PAGE,_
.OFL PA(
OWA-.
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APPEARANCES:
On Behalf of the Interviewee, Other Individuals Involved in the Investigation and Southern California Edison Company:
of:
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PROCEEDINGS 2
(b)(7)(C)
We're on the 3
record.
This is an interview o (b)(7)(C)
Today's 4
date is January 12, 2012.
It is approximately 11:50 5
a.m.
6 The location of this interview is in (C) 7(b)(7)(C) ffice at the San Onofre Nuclear Generating 8
Station in San Clemente, California.
Present at this 9
interview are (b)(7)(C)
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(b)(7)(C) 11 This interview involves an allegation of 12 discrimination against a former employee at SONGS for 13 reporting nuclear safety concerns to the NRC as 14 reported under 01 Case No. 4-2011-059.
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(b)(7)(C) iI (b)(7)(C) epresenting 16 you personally in regard to this investigation?
17 (b)(7)(C)
J Yes.
18 (b)(7)(C)
Do you understand 19 the purpose of her presence here today?
20(b)(7)(C)
Yes.
21 (b)(7)(C)
Do you understand 22 that (b)(7)(C) lso represents the Company and 23 other individuals?
24 (b)(7)(C)
Yes.
25 (b)(7)(C)
Would your NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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testimony in this matter be in any way inhibited by 2
the attorney's presence?
3 (b)(7)(C) i No.
4 (b)(7)(C)
Do you understand 5
that you have a right to a private interview with me 6
at your convenience?
7 (b)(7)(C)
Yes.
8 (b)(7)(C)
With that 9
understanding, do you still want C) resent 10 as your representative today?
11 (b)(7)(C)
Yes.
12 (b)(7)(C)
Thank you.
13 (b)(7)(C) for the record, would you 14 please your full name, your firm and the scope of your 15 representation please?
16 (b)(7)
(b)(7)(C) with the 17 Southern California Edison Company Law Department.
18 And I'm here representing E
(b)(7)(C) and others in 19 this matter.
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(b)(7)(C)
Do you anticipate 21 a
conflict of interest with respect to your 22 representation of (b)(7)(C) an individual and your 23 concurrent representation of Southern California 24 Edison?
25 (b)(7)(C)
No, I do not.
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9 10 11 12 13 14 15 16 27 18 19 20 21 22 23 24 25 (b)(7)(C)
In the event that a conflict was to arise during the course of this interview, what action would you take?
(b)()(c)
Ii would inform 1
(b)(7(C) that I could no longer represent him, that I would continue to represent the company.
I would also inform him that he could continue with this interview voluntarily without representation or he could ask for a postponement and seek new representation of his own choosing.
(b)(7)(C)
I Thank you.
(b)(7)(C) the NRC 0I protocol includes a swearing in of witnesses.
Do you have any objection to being sworn in this morning?
(b)(7)(c)
No, that's fine.
I (b)(7)(C)
I Can you raise your hand, sir? Right hand please.
Do you swear that the information you're about to give is the truth, the whole truth and nothing but the truth so help you God?
S (b)( 7)(C)ý Yes.
S(b)(7)(C)
I Thank you, sir.
Can you give for the record your full name please?
(b)(7)(C)
(b)(7)(C)
(b)(7)(C)
And what's your current position, sir?
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(b)(7)(
(b)(7)(C)
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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (b)(7)(C)
SONGS I
(b)(7)(C)
And who are you employed by?
(b)(7)(C)
South4 (b)(7)(C) ern Ci ern California Edison.
How long have you t SONGS?
(b)(7)(C) been the position I(b)(7)(C) here a (b)(7)(C)
Since (b)(7)(C)
And what was your Last year would be I
(D),}{U)I Thank you.
And what was your position before you became (b)(7)(C)
(be(7c(C3II And how long were you (b)(7)(C)
I (b)(7)(C)
-1 L
(b)(7)(C)
IDo you have any other experience in the nuclear industry?
I(b)(7)(c) es (b(nwwYes.
(b)(7)(C) lAnd what would that be, sir?
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M 2
(b)(7)(C)
United States _(b)(7)(c) *even years, 2
3 (b)(T)C)
Thank you very 4
much.
When we were off the record, I was telling you 5
about the focus of my investigation and how it 6
involves that allegations brought by a(b)(7)(C) a 7
former employee here at SONGS.
When (b)(7)(C) j was 8
employed here, he was here for (b)(7)(C) 9 (b)(7)(C) 10 11 (b)(7)(C) iposition.
12 How much interaction, if
- any, personal 13 interaction, did you have with (b)(7)(C) h 14 (b)(7)(0)
No personal interaction.
I 15 would see him at meeting occasionally, things like the 16 Corrective Action Review Board whereE 17 E
as the (b)(7)(C)
I a couple of 18 F
(b)(7)(C) meetings where he would present 19 something to the team.
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(b)(7)(C)
What did you know S (b)(7)(C) 21 about (hen he was working here?
In other 22 words, what was his reputation?
23 (b)(7(c)
I I didn't have any data points 24 on his reputation until I came into this position.
25 And I got reports throug (b
7
)(C) his manager, and NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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i(b)(7)(C) his director, on job performance issues that they were having with him.
And I'm having a hard time placing the time frame for those reports.
They were all verbal to me.
And they were things like him not taking basically direction, doing what he wanted to do, in terms of job assignments and even reporting times to work and not supporting the management team.
(b)(7)(C)
I With all the feedback that you were receiving about, (b)(7)(C)
Iwas it all performance related?
(b)(7)(C)
Yes,
(b)7)(C)
-Did you ever hear any complaints from.
(b)7)C)
J about (b)(7)(C3 complaining about fellow managers or subordinates who report to him?
iJ Where he complained about fellow managers, yes?
No.
(b)(7)iC)
Were you aware of any type of concern tha (b)(7)(C) ight have raised to management or to the ECP here on site?
(b)(7)(C No.
When you asked about complaining about fellow managers, I had to think about that because I remember one instance that was reported to me by eitherLas when we were NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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in the
)
7 )(C)
I believe it would have been the ()
F (b)(7)(C) or maybe even the SI (b)(7)(C)
I can't -- i'm naving a nard time putting a time frame on it.
He did -- He took some sort of action with another manager's employees, either gave out an award or gave time off without letting that manager know or affected the call-in schedule or something.
And that was a problem in the department.
So he may have had a problem with that manager.
And I never became aware of any more detail other than that.
I(b)(7)(C)
- Well, if that issue reached your office, it must have been a
significant situation.
Correct?
(b)(7)(C)
I don't know that it was that significant all by itself.
I believe it was part of an overall pattern with his job performance.
(b)(7)(C)
Okay.
Did you ever participate in any discussions with I about terminatin (b)(7)(C)
Ir giving him some sort of disciplinary action?
- ormance issues and ultimate termination.
I (b)(7)(C)
I All right.
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was this a circumstance where the decision was made to 2
terminateL (b)(I)(C) nd you merely concurred with it?
3 Or was it something where you made a recommendation to 4
Z(b)(7)(c) nd (b)(7)(c) about terminating L (b(7)(C) 5 (b)(7)(C)
I concurred with the 6
termination.
I didn't direct it.
7 (b)(7)(C)
Okay.
It was 8
something that you signed off on.
9 (b)(7)(C)
I didn't sign any paper.
In 10
- fact, the termination was handled I believe at the i1 director level.
Although I've gor to be careful.
The 12 inner workings of our HR process there at the time I'm 13 not sure if the actual termination signature was made 14 by his manager,I (b)(7)(C)
I or b (b)(7)(C)
But I 15 did concur with the termination after a discussion 16 around his performance and ensuring that Human 17 Resources I believe also concurred with it.
18 (b)(7)(C)
I don't want to 19 parse words or anything, but I just want to make sure 20 I understand your testimony.
When you say you concur, 21 does that mean that there is a -- just to throw out an 22 example --
form that you sign saying 'I concur with 23 the termination o (b)(7)(C)
Or is it one of those -
24 Is it a situation where you say "All right.
That's 25 fine.
You guys made a decision to terminate him.
I'm NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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fine.
I'm not getting in the way of it.
I concur."
2 You
- know, there's a
difference here.
3 There's a distinction if you if I'm asking you 4
clearly enough.
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I believe you are.
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Just ask him what his role 7
was.
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I believe it's 9
(b)(7)(C)
I I did and you 10 said you concurred.
And what I'm asking is did you ii stay out away or did you sign?
Was it as formal a 12 process as you signing a form saying I concur?
13 (b)(7)(C)
I never signed a form.
When 14 I say I concur what that means is following their 15 discussion on intent to terminate him if I would have 16
- said, "No, don't do that.
.Let's do this, this and 17 this" they would have stopped.
78 When I say I concur that means I was in 19 agreement with the termination based on what they 20 presented to me.
But I was not directly part of the 21 termination process.
However as the (b)(7)(C) 22 (b)(7)(C)
I could have said if I thought something 23 needed further analysis or review I could have said, 24 "No, don't do that."
25 (b)(7)(C)
Is it fair to say NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12 that you were the final decision maker in the process to terminatel-(b)(7)(C)
((
No, other than from a
negative poll standpoint if I would have said, "No, don't do it."
I (b)(7)(C)
Okay.
During this process, did you ever become aware of any managers -- well, specifically in this case it would bel (b)()(C) an I
!:(7-c
- having other factors involved in their decision to terminatI (b)(7)(C)
I In other words, was there more than just his work performance that led them to decide that he should be terminated performanc O
l(No, I believe it was all work e.
(b)(7)(C)
Did you have any reason to believe whatsoever that they were trying to retaliate a-ains (b)(7)(C) or any reason?
I (b)(7)(C) ]
No, I don't believe there was any retaliation.
(b)(7)(C)
I Okay.
Did you ever feel that the decision to terminate (b)(7)(C) as personal in nature?
(b)(7)(C)
No.
(b)(7)(C)
Okay.
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- Counsel, do you have any follow-up quest ions?
(b)(7)()
I don' t.
(b)(7)(C)
(b)(7)(C)___I appreciate you answering my questions this morning, (b)(7)(C)
I there anything that you want to add for the record before we conclude here this morning?
(b)(7)(C) t No.
I'm fine.
Thank you.
(b)(7)(C)
Okay.
(b)(7)(C)
) have I
or any other NRC representative threatened you in any manner or offered you any rewards in return for this statement?
(b)(7)(C)
[No.
(b)(7)(C)
"WMITM r
- .LA
%..].v 1, JL '.t
- .L V *.U.a.J this statement freely and voluntarily?
(b)(7)(C)
Yes.
r (b)(7)(C)
-At this time, the interview will be concluded.
The time is approximately 12:00 noon.
Off the record.
(Whereupon, at 12:00 noon, the above-entitled matter was concluded.)
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I-I 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:
4-2011-059 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)
SOf5Ucial Transcriber Neal R.
Gross & Co.,
Inc.
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