ML13296A710
| ML13296A710 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 09/09/2012 |
| From: | Division of Operating Reactor Licensing |
| To: | |
| Shared Package | |
| ML13198A110 | List: |
| References | |
| 2.206, NRC-1724 | |
| Download: ML13296A710 (36) | |
Text
Official Transcript of Proceedings NUCLEAR REGULATORY COMMISSION
Title:
10 CFR 2.206 PETITION RE: TURKEY POINT Docket Number:
N/A Location:
Date:
Work Order No.:
CONFERENCE CALL Monday, July 9, 2012 NRC-1724 NEAL R GROSS AND CO., INC.
Court Reporters and Transcribers 1323 Rhode Island Avenue, N.W.
Washington, D.C. 20005 (202) 234-4433 Pages 1-36
1 1
UNITED STATES OF AMERICA 2
NUCLEAR REGULATORY COMMISSION 3
+ + + + +
4 10 CFR 2.206 PETITION REVIEW BOARD (PRB) 5 CONFERENCE CALL 6
RE:
7 TURKEY POINT NUCLEAR GENERATING STATION AND 8
ST. LUCIE NUCLEAR POWER PLANT 9
+ + + + +
10 MONDAY 11 JULY 9, 2012 12
+ + + + +
13 The conference call was
- held, Melanie 14 Galloway, Chairperson of the Petition Review Board, 15 presiding.
1 17 PETITIONER: THOMAS KING 18 1
PETITION REVIEW BOARD MEMBERS:
20 MELANIE GALLOWAY, Chairman, Petition Review 21 Board 22 JASON
- PAIGE, Petition Manager, Turkey Point 23 Petition Manager 24 25 NEAL R. GROSS (202) 234-4433 COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISlAND AVE., N.W.
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NRC HEADQUARTERS STAFF:
2 MERRILEE BANIC 3
8 NRC REGIONAL STAFF:
9 MELANIE CHECKLE, Region II 10 OSCAR DEMIRANDA, Region II 11 DAN RICH, Region II 12 BOB RZEPKA, Region II 13 14 15 16 17 18 19 20 21 22 23 24 25 2
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P R 0 C E E 0 I N G S 2
1:39 p.m.
3 MR. PAIGE:
Let's go ahead and get started.
4 Okay.
I'd like to thank everybody for attending this 5
meeting.
My name is Jason Paige, and I am the Turkey 6
Point project manager.
We're here today to allow the 7
Petitioner, Thomas King, to address the Petition Review 8
Board, regarding his 2206 petition dated April 23rd, 9
2012.
10 I am the petition manager for this petition.
11 The Petition Review Board Chairman is Melanie Galloway.
12 As part of the Petition Review Board or PRB's review of 13 this
- petition, Thomas King has requested this 14 opportunity to address the PRB.
15 This meeting is scheduled from 1:30 to 2:30 16 p.m. Eastern Time, and I believe we can extend the line 17 30 minutes.
All right, okay, and the meeting is being 18 recorded by the NRC Operations Center and will be 1
transcribed by a court reporter.
The transcript will 20 become a supplement to the petition.
The transcript 21 will also be made publicly available.
22 I'd like to open this meeting with 23 introductions.
As we go around the room, please be sure 24 to clearly state your name, your position and office that 25 you work for within the NRC for the record.
I'll start (202) 234-4433 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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off.
My name is Jason Paige.
I work for the Nuclear 2
Regulatory Commission in the Office of Nuclear Reactor 3
Regulation, and I am the project manager for Turkey 4
Point.
5 CHAIRMAN GALLOWAY:
My name is Melanie 6
Galloway.
I'm the Deputy Director of the Division of 7
License Renewal in the Office of Nuclear Reactor 8
Regulation here at the NRC.
9 MS.
JEHLE:
I am Patricia Jehle in the 10 Office of the General Counsel, Division of Material 11 Litigation and Enforcement.
12 MR. PELTON:
I am David Pelton.
13 MR. KING:
Hello?
What is Patricia's last 14 name?
15 MS. JEHLE:
J-E-H-L-E, and it's pronounced 1
jay-lee.
17 MR. KING:
Jehle, okay.
18 MS. JEHLE:
But just not spelled like that.
19 MR.
PELTON:
Okay.
David Pelton, Office 20 of Nuclear Reactor Regulation.
I am the branch chief 21 responsible for 2.206 process.
22 MS. BANIC:
Lee Banic, Office of Nuclear 23 Reactor Regulation, 2.206 Coordinator.
24 25 please?
(202) 234-4433 MR.
KING:
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MS. BANIC:
Lee Banic.
That's B-A-N-I-C.
2 MR. KING:
That's good, thank you.
3 MR.
PAIGE:
Sure, okay.
We've completed 4
introductions at the NRC headquarters.
At this time, 5
are there any NRC participants from headquarters on the 6
phone?
7 MS. JAMES:
Yes.
My name is Lois James.
8 I'm the Senior Office Allegation Coordinator in NRR.
9 MR. KING:
Again, can you repeat your name 10 please?
11 MS. JAMES:
Lois, L-0-I-S.
Last name is 12 James, J-A-M-E-S.
13 MR. KING:
That's good.
Thank you.
14 MR. PAIGE:
Are there any NRC participants 15 from the regional office on the phone?
16 MR. DeMIRANDA:
Yes, Region II.
My name is 17 Oscar DeMiranda.
I'm the Senior Allegation 18 Coordinator.
19 MS. CHECKLE:
Melanie Checkle, Allegation 20 Coordinator.
21 MR. RICH:
This is Dan Rich, NRC Region II, 22 Division of Reactor Projects, Branch 3.
23 24 25 (202) 234-4433 MR. RZEPKA:
This is Bob Rzepka, NRC
, Region II, MR.
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from the region.
Okay, Mr. Thomas King, would you please 2
introduce yourself for the record?
3 MR.
KING:
My name is Thomas
- King, 4
Petitioner.
5 MR. PAIGE:
All right.
It is not required 6
for members of the public to introduce themselves for 7
this call.
However, if there are any members of the 8
public on the phone that wish to do so at this time, please state your name for the record.
10 (No response.)
11 MR. PAIGE:
Okay.
Is the court reporter on 12 the line?
13 COURT REPORTER:
Yes, I am.
14 MR.
PAIGE:
Okay.
All right, thank you.
15 I'd like to emphasize that we each need to speak clearly 16 and loudly to make sure that the court reporter can 17 accurately transcribe this meeting.
If you do have 18 something that you would like to say~ please first state 1
your name for the record.
20 For those dialing into the meeting, please 21 remember to mute your phones to minimize any background 22 noise or distractions.
If you do not have a mute button, 23 this can be done by pressing the key *6.
To unmute the 24 phone, press the *6 keys again.
Thank you.
At this 25 time, I'll turn it over to the PRB chairman, Melanie (202) 234-4433 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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Galloway.
2 CHAIRMAN GALLOWAY:
Thank you, Jason and 3
good afternoon everyone.
Welcome to this meeting 4
regarding the 2.206 Petition submitted by Mr. Thomas 5
King.
First of all, I'd like to share some background 6
on our process.
7 Section 2.206 of Title X of the Code of 8
Federal Regulations describes the petition process, the 9
primary mechanism for the public to request enforcement 10 by the NRC in a public process.
This process permits 11 anyone to petition the NRC to take enforcement-type 12 action related to NRC licensees or license activities.
13 Depending on the results of its evaluation, 14 NRC could modify, suspend or revoke an NRC-issued 15 license, or take any other appropriate enforcement 1
action to resolve a problem.
The NRC staff guidance for 17 the disposition of 2. 206 petition requests is in 18 Management Directive 8. 11, which is publicly available.
19 The purpose of today' s meeting, then, is to 20 give the Petitioner, Mr. Thomas King, an opportunity to 21 provide any additional explanation or support for the 22 petition that he has before the Petition Review Board's 23 initial consideration and recommendation.
24 There are a few points to note.
This 25 meeting is not a hearing, nor is it an opportunity for (202) 234-4433 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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the Petitioner to question or examine the Petition Review 2
Board on the merits or the issues presented in the 3
petition request. No decision regarding the merits of 4
this petition will be made at this meeting.
5 Following this meeting, the Petition Review 6
Board will conduct its internal deliberations.
The 7
outcome of this internal meeting will be discussed with 8
the Petitioner.
The Petition Review Board typically 9
consists of a chairman, usually a manager at the Senior 10 Executive level of the NRC.
It has a petition manager 11 and a PRB coordinator.
12 Other members of the Board are determined 13 by the NRC staff, based on the content of the information 14 in the petition request.
At this time, I would like to 15 introduce the Board.
I am Melanie Galloway, the 16 Petition Review Board chairman.
Jason Paige is the 17 petition manager for the petition under discussion 18 today.
Merrilee Banic is the Office of Petition Review 19 Board coordinator.
20 Other technical staff includes Bob Rzepka, 21 Dan Rich and Oscar DeMiranda, and Melanie Checkle from 22 Region II.
Doug Broaddus is the Turkey Point and St.
23 Lucie branch chief in the Division of Operator Reactor 24 Licensing, but he is not able to participate with us 25 today.
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David Pel ton is a branch chief in the 2
Division of Policy and Rulemaking, with responsibility 3
for the 2. 2 0 6 petition process, and we also obtain advice 4
as necessary from our Office of General Counsel, 5
represented at this meeting by Patricia Jehle.
6 I'm describing a process.
The NRC staff 7
may ask clarifying questions of Mr. Thomas King during 8
this meeting, in order to better understand his 9
presentation, and to reach a reasoned decision whether 10 to accept or reject his request for review under 2.206.
11 I would like to summarize now the scope of 12 the petition that is under consideration, and the NRC 13 activities to date on it.
On April 23rd, 2012, Mr.
14 Thomas King submitted to the NRC a petition under 2.206 15 regarding Turkey Point and St. Lucie.
16 In his petition
- request, Mr.
King 17 identified the following areas of concern.
First, Mr.
18 King requests that the NRC take immediate action to shut 19 down or not let the nuclear plants St. Lucie or Turkey 20 Point start up until criminal investigation of the Ames 21 Group, LLC is complete, and everything has been verified 22 safe.
2 3 As a basis for this request, Mr. King makes 24 accusations of falsification of records by Ames Group, 25 LLC.
He states that Ames Group submitted forged or (202) 234-4433 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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falsified training documents to Florida Power and Light, 2
stating personnel had attended an Ames advanced 3
motor-operated valve diagnostic training class.
4 So now the NRC activities to date.
On June 5
14th, the petition manager contacted Mr. King, to notify 6
him of the PRB' s decision regarding his request for 7
immediate action, discussed the 10 C.F.R. 2.206 process, 8
and to offer him an opportunity to address the PRB by 9
phone or in person.
10 Mr. King requested to address the PRB by 11 phone prior to its internal meeting, to make the initial 12 recommendation to accept or reject the petition for 13 review.
On May 22nd, the PRB met internally to discuss 14 the request for immediate action.
15 The PRB denied the request for immediate 16 action on the basis that the NRC staff does not have 17 sufficient information at this time to support an action 18 to shut down or prohibit the start-up of St. Lucie or 1
Turkey Point.
20 Mr. King was informed on June 14th of the 21 PRB' s decision to deny his request for immediate action.
22 As a reminder for the phone participants, please identify 23 yourself if you make any remarks, as this will help us 24 in the preparation of the meeting transcript that will 25 be made publicly available.
Thank you for noting that.
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Mr. King, I'll turn it over to you at this 2
time, to allow you to provide the additional information 3
that you believe the PRB should consider as part of this 4
petition.
Mr. King.
5 MR. KING:
Yes ma'am, okay.
This is Thomas 6
King speaking, and I don't exactly know what more 7
information you want, in that the NRC is already in 8
possession of a falsified training document from Ames 9
upper management, including myself and about myself.
10 I am a senior MOV diagnostic engineer, and 11 I've been in the nuclear field 26 years.
So in the 12 nuclear field for 26 years, your number one priority is 13 safety, and with the assumption of safety, you never 14 assume.
What more do they need than one falsified 15 document in hand.
1 Now I could verify on dates that Ames said 17 I attended trainings, but I was not employed by Ames or 18 at those trainings on the said document that is in 19 question.
Everything else at this one point, you never 20 proceed in the face of uncertainty.
This questions 21 Ames' whole training department, because it came from 22 office management, and it was presented to FP&L willfully 23 with the intent to defraud my training qualifications.
24 What reason, if as Ames stated, why would 25 you backdate a training document to 1999 or 2009, okay.
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And also, for the times that I worked at FP&L since then, 2
where is the document for my qualifications at those 3
times, when I was employed at St. Lucie in 2010 and 2011?
4 I am just one person.
The company is huge and it's upper 5
management that's doing the falsification of the 6
documents.
7 No work that Ames has done any 8
safety-related equipment should be trusted, period.
9 Now I could read a quote from you guys from a response 10 to a concern regarding the Ames individuals.
It says 11 that, and let me get my cheaters on here, "The assumption 12 that all available records are complete and accurate,"
13 okay.
14 Since when does the NRC put public safety 15 at risk over the assumption of training records being 1
accurate, when they are already in possession of a 17 falsified one that was willfully given to FP&L.
I'm open 18 for any questions on dates, signings or anything else 19 that you would have.
20 But I mean you never, ever, ever in the 21 nuclear industry proceed in the face of uncertainty.
If 22 you'd like the document information that came out of to 23 read for yourself, I can give you that.
But it was a 24 conclusion to Response to Concern 1 of 2011, A-197.
25 (202) 234-4433 CHAIRMAN GALLOWAY:
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indicated 2
MR. KING:
I can't believe that-- it would 3
be the last paragraph of that document, if you have that 4
document available.
5 CHAIRMAN GALLOWAY:
Now I just want to ask 6
a clarifying question.
When you mentioned upper 7
management is falsifying training records, were you 8
referring to the upper management of FPL?
9 MR. KING:
Of Ames.
10 CHAIRMAN GALLOWAY:
Okay.
11 MR. KING:
Which according to the training 12 document was
, and then down a line from him to 13 the supervisor that handed it to me.
With all 14 this that's under investigation with
, I don' t 'even 15 know if these documents are supposed to be given out to 1
these people, and why isn't he in on this meeting, when 17 he is the one who's holding the paper work on his hand 18 that is falsified?
19 20 21 22 23 24 25 MR. PAIGE:
Mr. King, this is Jason Paige.
MR. KING:
Hello Jason.
MR. PAIGE:
Who is
?
MR.
KING:
He's the assigned to these cases.
MR. RZEPKA:
Just let me interrupt for a second.
This is Bob Rzepka is (202) 234-4433 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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in the room with me in Region II.
He is here.
2 MR. KING:
So why wasn't he announced that 3
he was here on the roll call?
4 MR. RZEPKA:
He just got in here.
5 MR. KING:
Oh, okay.
6 CHAIRMAN GALLOWAY:
Has anybody else been 7
added to the call since we did the roll call?
8 (No response.)
9 CHAIRMAN GALLOWAY:
Okay.
10 MR. KING:
He would be able to substantiate 11 everything that I just said.
12 The issue is still open as 13 an investigation.
14 MR. KING:
I understand that, and when a 15 Criminal Level 1 investigation, I'm correct?
Is that 1
not the categorization of this offense, a Level 1 17 investigation?
18 It's a
standard 19 investigation that we would perform.
20 MR. KING:
Now I'm reading off your web page 21 of your listings of qualifications, as per -- let's see.
22 Hold on a second, I' 11 get it here, and they're 23 classified.
24 What is the level of this classification?
25 According to what I'm looking at, it would be a Level 1 (202) 234-4433 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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with willful intent being the most severe investigation 2
that the NRC performs, is that not correct?
3 I'm unfamiliar with that 4
terminology.
5 MR.
KING:
You are unfamiliar with that 6
terminology.
Well, I'm getting that information right 7
from your web page.
Hold on.
That would be under the 8
NRC's "General Statement of Policy and Procedure for NRC 9
Enforcement Actions."
10 CHAIRMAN GALLOWAY:
Mr. King, can I ask you 11 another clarifying question?
12 MR. KING:
You most certainly can.
13 CHAIRMAN GALLOWAY:
Okay.
You mentioned 14 that you're aware that Ames falsified training that it 15 had attributed to you.
1 MR. KING:
Correct.
17 CHAIRMAN GALLOWAY:
Are you aware of any 18 other individuals whose training has been falsified by 1
Ames?
20 MR. KING:
No, but does itneedtohavemore 21 than one to stop work on nuclear safety-related 22 equipment?
23 CHAIRMAN GALLOWAY:
No.
I was just --
24 MR. KING:
Once again, as per
, this is 25 still under investigation, so I can neither confirm nor (202) 234-4433 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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deny those questions, you know.
I couldn't even answer 2
that.
3 CHAIRMAN GALLOWAY:
Well, I was just trying 4
to find out the extent of what knowledge you might have 5
available to you regarding the breadth of the problem?
6 MR. KING:
Just from rumors of other people 7
that have talked to me, that have been directed to speak 8
to
, and I don't think,
, I should gives names 9
of people; correct?
10 CHAIRMAN GALLOWAY:
Well, have you given 11 names of people to in other forums, Mr. King?
12 MR.
KING:
I'm still waiting for him to 13 answer that question.
14 CHAIRMAN GALLOWAY:
, do you want to 15 know any names in this call?
1 MR. KING:
I'm not talking about I'm 17 talking about answering your question with the names of 18 what I know.
1 CHAIRMAN GALLOWAY:
I know.
20 MR.
KING:
That's still under 21 investigation, and you still haven't answered my 22 question of the level and severity of this investigation.
23 24 25 CHAIRMAN GALLOWAY:
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MR. KING:
Oh, I have met with 2
several times.
is very deep into this 3
investigation, I would assume.
4 MR. RZEPKA:
This is Bob Rzepka again.
I 5
don't think this would be the proper forum to vet names 7
MR. KING:
I don't either, but then I cannot 8
answer their questions at the time.
9 MR. RZEPKA:
We do have names from you, Mr.
10 King, and a witness list.
11 MR. KING:
And like I said, I'm not the one 12 asking; she was.
13 MR. RZEPKA:
Right.
14 MR. KING:
So you know, you need to rephrase 15 some questions that are leading into what's going on with 1
this investigation.
Also, for information, I want to 17 state that today, I did retain a law firm to represent 18 me against this case, and I did not get to talk to my 19 lawyer before this meeting, on whether or not this should 2 0 even happen without him being present, since he has been 21 retained in this situation.
22 So at any time I might feel uncomfortable 23 or I'm getting alluded to or not getting questions 24 answered, you know, I think at that point we would have 25 to reschedule with my attorney the rest of this meeting.
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CHAIRMAN GALLOWAY:
Well just to be clear, 2
you know, what we want to do in this meeting is make sure 3
that you have the opportunity to share with us all the 4
information that you have, in order to ensure that we have 5
as much information as possible, in order to make the best 6
possible decision regarding this 2.206 petition.
7 MR.
KING:
Once again, that would be 8
involving me giving out information that's still under 9
the criminal investigation, which is ongoing, which I'm 10 still waiting for a classification on.
You see what I'm 11 saying?
So I'm at a rock and a hard place.
12 I mean you should internally know between 13 your organizations what information.
You should have 14 all documents in front of you, as far as the TPE document, 15 the letter from from Ames stating that it's 1
acceptable that they do this, and other documents.
That 17 should all be in front of you guys.
18 CHAIRMAN GALLOWAY:
Yes, and I believe we 1
have that.
So really what we're trying to find out here 20 is if there is additional information that you might be 21 aware of or have become aware of that we don't already 22 have.
2 3 So what I think I hear you saying, Mr. King, 24 is that you believe we have everything that you're aware 25 of, and that at this point, you wouldn't have anything (202) 234-4433 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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to add that would help us in our decision-making?
2 MR. KING:
Well, I will add to the fact that 3
the dates on the said false document of 8/18/09 and 4
8/29/09, if you would look at those dates, and then refer 5
to the letter from
, which was an Ames project 6
supervisor, in response to what he said about that 7
training.
8 CHAIRMAN GALLOWAY:
What were those dates, 9
Mr. King?
10 MR. KING:
8/18/09 and 8/29/09.
11 CHAIRMAN GALLOWAY:
And just for 12 everybody's information on the call, Doug Broaddus has 13 just joined us.
He's a 14 MR.
BROADDUS:
A branch chief with 15 responsibility for Turkey Point and St. Lucie licensing.
1 CHAIRMAN GALLOWAY:
Right.
17 MR. BROADDUS:
I apologize for being late.
18 I had another meeting that went late.
19 CHAIRMAN GALLOWAY:
Okay.
So you're 20 giving those two dates, August 18th and August 29th of 21 2009?
22 MR. KING:
Which are the dates on said form 23 in question.
Now, if you go back to the letter from 24 which would be titled here "Event Report, 25 11/18/11."
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CHAIRMAN GALLOWAY:
Were you looking 2
something up, Mr.
King?
3 MR. KING:
No.
I was waiting to see that 4
you people had in front of you so you know what I'm talking 5
about.
It would be a letter from to 6
7 CHAIRMAN GALLOWAY:
I'm assuming that 8
and have that information?
9 Yes.
This is 10 11 MR. KING:
Great.
I would like to share 12 that whole last paragraph with the Board.
I would like 13 to make sure that everybody has that in front of them at 14 one point in time, to see that the willful and misleading, 15 and the intent to defraud from Ames just is prevalent 16 everywhere.
17 I don't know if you'd like to read that to 18 me, if you could fax stuff or email it to everybody right 19 quick.
I don't know how everything's set up.
20 MR. RZEPKA:
This is Bob Rzepka again.
21 22 23 MR. KING:
I do think it's prudent, because 24 as I said, then this investigation is not a true hearing, 25 because they asked me about more evidence, and I want to (202) 234-4433 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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give them something, and now you're telling me that you 2
don't think it's okay.
Therefore, I cannot express 3
myself to the Board.
4 CHAIRMAN GALLOWAY:
- Bob, isn't that 5
something that you can give us at another time?
I mean 6
we don't have it here obviously, but isn't that something 7
you can give us?
8 MR. RZEPKA:
Yes.
I wonder if he has any 9
additional information, other than what we have already.
10 We can take that in another forum.
11 CHAIRMAN GALLOWAY:
Right.
12 MR. KING:
When you read this paragraph, 13 I' 11 give you my additional information.
If you want to 14 go ahead and just read the last paragraph of that.
15 That's all.
That would be fine, so they will know what 1
I'm talking about.
Or we could get all the information 17 to everybody, and we could reschedule another call, and 18 I will have time to talk to my attorney also.
Whichever 1
you guys prefer.
2 0 I just feel very uncomfortable with the fact 21 that the NRC is really (voice fading) when there's such 22 a willful neglect from corporate management, which I can 23 find nowhere in 10 C.F.R. 50 what to do with the 24 untrustworthiness of a corporation.
There's plenty of 25 reasons for an individual, but what deems a company (202) 234-4433 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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untrustworthy for 10 C.F.R. Part 50.
2 CHAIRMAN GALLOWAY:
Yes.
Bob, would it be 3
appropriate to read that last paragraph out loud to us 4
during this call?
5 MR. RZEPKA:
I don't have the document at 6
my disposal.
Mr. King is asking us to read it.
I don't 7
have it my disposal.
Once again, I don't think it would 8
be a good idea to discuss it in this forum when it's under 9
investigation.
10 MR. KING:
Okay.
Well, what I have to say 11 to that is until you get the documents to the Board and 12 I can respond directly to Ames' statement, then I think 13 that this meeting is at a standstill.
14 MS. JEHLE:
Excuse me, Mr. King.
This is 15 Patricia Jehle, and I'd like to address my comments to 1
everyone, but especially Bob and to you.
There are two 17 separate proceedings going on here.
One, which we're 18 dealing with today, is the petition, 2.206 petition, 1
which you provided, and maybe Bob can describe that there 20 is a separate investigation going on, which is not part 21 of the 2.206 proceeding.
22 MR. KING:
That investigation was involved 23 about the other investigation.
It really is.
24 25 (202) 234-4433 MS. JEHLE:
Excuse me?
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answer her questions without using information from the 2
other investigation.
This is the third time I've stated 3
that.
4 MS. JEHLE:
Right, and I --
5 MR. KING:
Why do you keep asking me?
We need to figure out how you guys get the paper work amongst 7
yourselves, because I have it all right here in front of 8
me.
9 MS. JEHLE:
Yes.
Well I do think that Mr.
10 King raises a point, in that the two processes, the issues 11 between them are related, and it does make it difficult 12 to understand how we can process the 2. 206 in the absence 13 of knowing where we are on the other issue.
But that's 14 something we'll have to grapple with internally.
15 MR. KING:
Good.
16 MS. JEHLE:
So what I would suggest is that 17 if there's not additional information, Mr. King, that you 18 can provide at this time that isn't already wrapped up 1
into the investigation going by our IG, our OI, that we 20 just go ahead and we discuss this internally.
We figure 21 out what we need to do, and then we can get back to you 22 if need be.
23 MR.
KING:
No, no.
Once again, if you 24 refer back to the thing, you are all assuming, okay.
2 Once again, I'm in possession of all these documents.
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You're assuming you have a Level 1 investigation with 2
willful intent, do you not, and nobody has answered that 3
question, which I've asked three times as per the general 4
statement of enforcing actions.
5 What categorization is the investigation?
6 You haven't answered that.
You're skating the question.
7 No, I cannot answer her questions correctly and give you 8
the information that you need to review and make your 9
correct decision without involving incidents 10 specifically related to the other case.
11 CHAIRMAN GALLOWAY:
Do we know how to 12 categorize this investigation, or is the investigation 13 categorized as we get information and as it comes to its 14 closure?
I mean do we know 15 MR. RZEPKA:
He might be referring to the 1
I'm not familiar with levels of our 17 investigation.
That's not a term that we use.
18 CHAIRMAN GALLOWAY:
- Yeah, and I think 19 you're right, Bob.
What that means, Mr. King, is that 20 we just, we investigate issues, you know.
We don't 21 categorize the investigation, but we 22 MR. KING:
Yes, you do.
There's severity 23 levels of investigation, or else you wouldn't have 24 working on it. It would be like somebody, a little guy 25 in an office somewhere writing you a letter saying oh, (202) 234-4433 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISlAND AVE., N.W.
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we looked at it.
It would have been -- it wouldn't be 2
up to the level of investigation to have doing what 3
he's doing.
4 CHAIRMAN GALLOWAY:
We do make 5
determinations when our, you know, when the and the 6
of the world need to get involved, yes.
7 MR. KING:
Okay.
8 MR.
BROADDUS:
Mr.
King, this is Doug 9
Broaddus again.
We have the enforcement process, and 10 part of that enforcement process is making the 11 determination of the safety significance, and it 12 generally is the safety significance of the violation.
13 Those are, like a Level 1 violation or Level 2, you know.
14 I believe that's what you're referring to.
15 When an investigation, you know, of potential wrongdoing 1
is established, it is just to determine that.
Once that 17 is completed, then if there is any violations associated 18 with
- that, then the safety significance or the 1
significance of that violation, you know, with taking 2 0 into account the results of that investigation, would be 21 determined at that point.
There is no determination --
22 MR. KING:
Yeah, and I already think that's 23 been determined by, you know, already, because 24 bottom line is they asked me to sign a document from 2009.
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of Cape Cod, wasn't even employed by them, okay.
2 has that information.
How much more 3
do you need it to be than that?
They falsified it; their 4
upper management sent it out, and you're looking at it 5
like it's nothing.
If it was an individual that did 6
something like this and falsified something per 10 7
C.F.R. 56 Access Authorization Programs, okay, they 8
would have been run off site and deemed untrustworthy 9
immediately.
10 Because it's a company and the money that 11 was involved in shutting this thing down, y'all don't 12 know how to handle it.
But it was definitely wrong, it's 13 definitely fact, and you guys definitely have the paper 14 work in your possession.
15 You're putting the public at risk by letting 16 this company continue to work on safety-related 17 equipment until their whole training purpose, program 18 has been evaluated for every single person, because mine 1
dates back to 2002, okay.
That's the bottom line.
20 The dates they say I was sitting in a 21 classroom, I was sitting on a beach, okay.
They should 22 have attendance rosters, they should have all that.
23 They don't.
They can't provide anything.
Where were my 24 training documents for my three outages that I worked in 25 in 2010 and 2011?
They can't provide that.
They don't (202) 234-4433 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISlAND AVE., N.W.
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have it. It's not right, and that's it.
2 Once again, I feel like I cannot answer the 3
questions that you asked me without involving the other 4
case.
So I don't know if we can really go any further.
5 CHAIRMAN GALLOWAY:
Yeah.
So what I would 6
suggest at this point is that we talk internally, to gain 7
a better understanding amongst ourselves, and based on 8
sharing that information internally, then we would know 9
whether or not there would be a benefit in speaking to 10 you again, Mr. King, and getting any further additional 11 information at that point.
12 MR. KING:
And I say once again that's what 13 you'll have to do, but I don't know if I agree to that 14 being the proper action, due to the urgency of this.
I 15 mean in nuclear power, you never go ahead and assume 1
anything, never, ever do you assume anything in nuclear 17 power.
18 You know that.
But yet you guys, in your 19 answer to Concern 1, said that you're assuming that these 20 documents are correct.
Why are you assuming they're 21 correct, when you're already in possession of one that's 22 been blatantly and willfully falsified and submitted?
23 Why are you assuming the other ones are correct?
That 24 was open to anybody.
25 (202) 234-4433 MR.
RZEPKA:
This is Bob Rzepka again.
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From my understanding, our staff here, our technical 2
staff, has reviewed part of this issue and looked at 3
certain documents at the site.
I think Dan Rich can 4
comment on that.
5 MR.
KING:
Yeah.
You're looking at 6
documents prepared by the same company that gave the 7
documents that I -- in my rights legally did not sign, 8
but most of the people out there probably would of, 9
because they're scared of losing their jobs, exactly.
10 You have the document.
What more do you 11 need?
All of the documentation from them should be 12 assumed false until proven verified.
You don't ever 13 assume anything's verified safe and continue with 14 safety-related public work and oh, we'll check into it 15 later, when you're already in possession.
16 I'm telling you.
They said I'm in a 17 training class.
I'm sitting on a beach in Cape Cod, 18 okay.
They can back whatever they want with paper work, 1
which they can't, and I'm telling you where I was in 20 person on those dates.
21 How hard is that?
What do you guys not see?
22 They gave falsified documents with willful intent.
23 That's the most severe investigation that the NRC will 24
- perform, as per their general statement of policy 25 enforcement off of the website.
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CHAIRMAN GALLOWAY:
Yeah.
Mr.
- King, I
2 think it would be very beneficial for the Petition Review 3
Board to interface more with our Office of 4
Investigations, with and with
, which we have not 5
had the opportunity to do over the last several weeks.
6 MR. KING:
Then when I-- okay, that's fine.
7 That's fine.
What you need to do, okay.
Go ahead.
8 I'll just stop.
Go ahead.
9 CHAIRMAN GALLOWAY:
Yeah, yeah.
We're in 10 two different locations and we all have a lot of things 11 on our plate.
But we do need to catch up and get a better 12 understanding of how these two issues relate, and we will 13 do that as part of our internal discussion specifically 14 associated with this 2.206 petition that you have before 15 us.
16 In doing that, if we believe that there's 17 an opportunity for you to provide more information that 18 may be useful to us, we will pursue that and we will set 1
something up with you again.
20 But at this point, it doesn't seem that 21 there's going to be any further benefit from continuing 22 this dialogue, given the fact that NRC has to do a little 23 bit more leg work.
24 MR.
KING:
- Well, once
- again, I
will 25 disagree with that, because I do not feel like I concluded (202) 234-4433 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISlAND AVE., N.W.
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this meeting with what I have to say.
So go ahead.
Once 2
again, I feel like I was shut down by you guys, and that's 3
going to terms on which we'll solve this, and from now 4
on, whatever you gotta do.
For the record, I feel like 5
I've been denied what I need to say.
6 CHAIRMAN GALLOWAY:
And what is that that 7
you've been denied the need to say?
8 MR.
KING:
Once again, we're going 9
you're chasing your tail.
It's what I can't say because 10 of the other investigation.
11 CHAIRMAN GALLOWAY:
Okay.
So in other 12 words, you feel 13 MR. KING:
In other words, I can't give you 14 the statements on what I want to do until you decide on 15 what you're going to do.
I feel that I have been denied 16 my, you know, the meeting is not right.
You weren't 17 ready for it. It seems you don't know what's happening, 18 we need to schedule a new meeting.
19 CHAIRMAN GALLOWAY:
Well, I just want to --
20 MR.
KING:
You need to schedule a new 21 meeting.
22 CHAIRMAN GALLOWAY:
I just want to clarify, 23 because I think what you feel you haven't had the 24 opportunity to state --
25 (202) 234-4433 MR. KING:
Once again, you're assuming, and NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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we all know what assume means, and you guys seem to do 2
that a lot.
You don't know what I have to say.
3 CHAIRMAN GALLOWAY:
Mr. King, I believe 4
MR. KING:
Okay.
At this point in time, I 5
feel like I'm not-- I don't feel like this meeting has 6
been held properly.
You don't have the information you 7
need to properly address this meeting.
So I think at 8
this time, this meeting needs to be postponed, until you 9
guys collaborate and you get your stuff together.
10 CHAIRMAN GALLOWAY:
Well, the only thing 11 that I heard that you felt you weren't able to provide 12 was --
13 MR. KING:
Once again, you can't hear it 14 because I can't say it.
15 CHAIRMAN GALLOWAY:
Well, I'm trying to get 1
clarity --
17 MR. KING:
That's not very hard to explain.
18 I'm getting tired of repeating it.
1 CHAIRMAN GALLOWAY:
Okay, okay.
Mr. King, 20 I'm just trying to get clarity on what it is that you felt 21 you weren't able to say, and the only thing that I heard 22 that you felt you weren't able to say is the names of other 23 potential individuals who had falsified training.
24 25 be one.
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matter.
I can't say what I want to say because of your 2
policies.
3 CHAIRMAN GALLOWAY:
Well, I just want to 4
make it clear --
5 MR. KING:
So once again, at this point I'm 6
stating I don't feel that you guys were ready for this 7
meeting yet, and we need to postpone it.
8 CHAIRMAN GALLOWAY:
Mr. King, you need to 9
stop cutting me off.
10 MR.
KING:
And now you're getting 11 aggressive with me.
12 CHAIRMAN GALLOWAY:
Because you keep 13 cutting me off.
14 MR. KING:
You know, we need somebody else 15 to step in here.
I don't feel comfortable with the way 16 this meeting has been set up on your behalf for me to 17 present all relevant information, period.
18 So if somebody else can handle it, and if 1
you feel you want to say it's over and done and hang up, 20 that's fine.
But I definitely do not agree with that one 21 bit.
So you guys figure it out.
22 MR.
PAIGE:
This is Jason Paige.
Like 23 Melanie stated, we're going to meet internally, and I 24 will contact you in the future on how we plan on 25 proceeding.
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MR. KING:
All right.
Well, that's fine, 2
and do not expect a decision made after your internal 3
meeting without talking to me for other evidence.
And 4
also from Jason, I need information from you on so-called 5
co-petitioner that you wanted me to take control of and 6
what he had to say.
There's a lot more to this that 7
wasn't presented to me to begin with.
8 CHAIRMAN GALLOWAY:
And I don't --
9 MR. KING:
--and you figure out and you get 10 back to me.
11 CHAIRMAN GALLOWAY:
I just want to go on the 12 record that we did ask you if you had any additional 13 information, and you did not provide anything.
The only 14 reason --
15 MR. KING:
Wait, wait, wait.
No, no, no.
1 For the record, you asked me 17 CHAIRMAN GALLOWAY:
The only reason you 18 volunteered those additional names you had available was 1
because of a question I asked you.
So I was seeking out 20 from you additional information, and trying to assist you 21 in providing additional information to us.
So you did 22 not volunteer anything else.
2 3 Now we are going to go back, and we are going 24 to validate 25 (202) 234-4433 MR.
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yelling?
Why are you yelling at me lady?
Why are you 2
yelling at me?
3 CHAIRMAN GALLOWAY:
I'm not yelling at you.
4 I'm trying to speak--
5 MR. KING:
Yes, you are.
6 CHAIRMAN GALLOWAY:
--loud enough so that 7
you don't continue to cut me off.
All's I'm saying is 8
we are going to continue to pursue this.
We are going to do the best we can with the information we have 10 available, and should we need to speak to you again under 11 the determination that there may be additional 12 information you can provide us, we will be back in touch 13 with you, because we do think this is important, and we 14 are trying to get to the bottom of it.
We will be back 15 in touch.
Does anybody else --
16 MR. KING:
And once again, for the record, 17 I want to state that I do not feel that I've been able 18 to properly address your questions today, because of the 19 litigation going on in the other case.
20 CHAIRMAN GALLOWAY:
And we understand 21 that.
22 MR. KING:
So however you make-- that's all 23 I want to say.
So go ahead.
I'm done arguing with you.
24 CHAIRMAN GALLOWAY:
Thank you very much.
25 We'll be back in touch.
Have a good day, Mr. King.
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MR. KING:
Yeah, you too.
Hey.
Fucking 2
jerks.
3 (Whereupon, at 2:21p.m., the meeting was 4
adjourned. )
5 6
7 8
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