ML20040D419

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Transcript of Util Testimony by Rf Locke on 811228 in San Francisco,Ca.Pp 448-455
ML20040D419
Person / Time
Site: Diablo Canyon  
Issue date: 12/28/1981
From: Locke R
PACIFIC GAS & ELECTRIC CO.
To:
Shared Package
ML17083A976 List:
References
NUDOCS 8202010276
Download: ML20040D419 (7)


Text

T 1

UNITED' STATES OF AMERICA ~

2' NUCLEAR REGULATORY COMMISSION 3

INVESTIGATION OF 4

DIABLO CANYON UNITS 1 & 2 5

INTERVIEW OF 6

RICHARD F. LOCKE 7

8 Pacific Gas & Electric Headquarters Offices 9

Law Department Conference Room 77 Beale Street 10 San Frncisco, California 11

Monday, December 28, 1981 12 13

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The above-entitled matter came on for hearing, 14 pursuant to notice at 5:48 p.m.

15 APPEARANCES:

16 On behalf of the NRC staff:

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17 18 i-OWEN SHACKLETON, JR., Moderator j

19 B. H.

FAULKENBERRY

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8202010276 820127 448-PDRADOCK.05000g{g n

ERRATA SHEET Interview of Richard F. Locke, December 28, 1981

-The following corrections should be made:

Page'451, Line 13 - Change pelase to please.

Page 452 Line 10 - Change arounf to around.

Page 452, Line 13 - Change pr-cisely to precisely.

Page 455, Line 17 - Change trnsmittal-to transmittal.

The above corrections were identified by Richard F. Locke and Bobby H. Faulkenberry.

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1 PgQgEEQlggg 5:48 p.m.

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.D' MR. SHACKLETON:

On the record.

It is December 28, 3

1981.

The time is now 5:48 p.m..This is an interview of 4

4 Mr. Richard F.

Locke, senior counsel for the law department of 5

Pacific Gas and Electric Company.

This interview is.taking 6

place in room 3101 of the corporate headquarters of-the Pacific 7

Gas and Electric Company, at 77 Beale Street, San Francisco, 8

California.

The purpose of this interview of Mr. Locke is g

part of the ivestigation being conducted by the U.S.

Nuclear 10 Regulatory Commission to develop the facts and happenings g

surrounding the present reverification program of the seismic 12 design of the Diablo Canyon nuclear power plant.

13 e9 In addition to Mr. Locke being present, present from

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i4 the U.S. Nuclear Regulatory Commission, Region 5, is Mr. Bobby H. Faulkenberry, Chief of Reactor Construction Projects Branch.

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My name is Owen C.

Shackleton, Jr.,

and I am the senior in-vestigator assigned to Region 5.

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i 19 I

with you our procedure and advised you that you have the right g

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f to have personal legal counsel present.

Do you waive that 21 right, sir?

22 MR. LOCKE:

Yes, I do.

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MR. SHACKLETON:

All right.

Would you please stand

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for the oath.

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i-Whereupon, 2

RICHARD F. LOCKE, k, -

3 having been furst duly sworn, was called as a witness herein and was examined and testified as follows:

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MR. SHACKLETON: ~ Please be seated.

I would remind y u again, Mr. Locke, that we have requested, on the.part of 6

the Commission, each member of PG&E who is being interviewed 7

to keep the testimony that you are about to give here confiden-8 tial.

Is that understood?

9 MR. LOCKE:

-Yes, it is.

10 MR. SHACKLETON:

Thank you.

Mr. Paulkenberry?

jj MR. FAULKENBERRY:

Mr..Locke, for the record, would 12 you pelase state your position with the Pacific Gas.& Electric 13 Company?

- 34 MR, LOCKE:

Yes, I am senior counsel in the law depart-15 men acific Gas & Electric Company.

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MR. FA5aKENBERRY:

Mr. Locke, did you attend both the j

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October 9th and the November 3rd, 1981 meetings with the NRC at 18 Bethesda, Maryland?

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MR. LOCKE:

Yes, I did.

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MR. FAULKENBERRY :

Mr. Locke, it has been determined i

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E that four separate draft reports of Dr. Cloud's work were submitted to PGLE.

These draft reports were submitted to PG&E on the approximate dates of October 21st, October 26st, November 6th and November 12th, 1981.

Now my question is, s

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I prior to November 3rd, 1981, were you aware that PG&E had 2

received the October 21st and October 26st draft reports from

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3 Dr. Cloud?.

4 MR. LOCKE:

No, I wasn't.

5 MR. FAULKENBERRY:

Have you since been made aware of 6

the fact that the October 21 and October 26th draft reports 7

have been received by PG&E?

8 MR. LOCKE:

Yes.

As part of this investigation I was 9

notified -- I am trying to remember the date -- that these two 10 drafts existed, and I believe it was arounf the tenth or eleventh or twelfth of December, whatever the Monday following, ti 12 I believe, some sort of a message was received by the company 13 asking for certain information.

I am not sure pr-cisely when

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that date was.

4 MR. FAULKENBERRY:

If I understand you correctly, 15 Mr. Locke, you had not seen either of these two draf ts, the 1

n; priortoaroundtheDecembelr j

37 October 21st or October 26th draft, 2

ng 10th time period?

,I MR. LOCKE:

That's correct, yes.

j 19 MR. FAULKENBERRY:

Mr. Locke, while you were in 20 attendance at the Novcmber 3rd meeting, did.you hear the 21 i

statements that were made by Mr. Maneatis, Mr. Norton and E

22 Dr. Cloud, as regarding Dr. Cloud's draft reports, as contained 23 n Pages 215 through 218 of the transcript of the November 3rd 24 k

meeting, as I am showing you here?

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-452-

1 MR. LOCKE:

I have read the transcript from pages 2

215 to 218, yes.

3 MR. FAULKENBERRY:Mr. Locke,_the question is, while 4

in attendance at the meeting, dk) you recall hearing the state-5-ments made by Mr. Maneatis, Mr. Norton and Dr. Cloud?

MR. LOCKE:- I_believe I recollect, yes, hearing the 6-7 statements.

8 MR. FAULKENBERRY:

When you heard these statements 9

at the meeting, were you aware at the time that these statement s

could have possibly been erroneous or misleading to the NRC?

to MR. LOCKE:

No, I was not.

11 MR. FAULKENBERRY:

Mr. Locke, did you attend any of 12 the meetings held by_PG&E personnel on Sunday, October 31st --

13

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14 excuse me, Saturday, October the 31st, Sunday, November 1st, r Monday, November 2nd, which were the pre-November 3rd 15 meetings?

16 MR. LOCKE:

Yes, I attended all of them, to-the best h.

17 of my recollection.

l u3 MR. FAULKENBERRY:

While in attendance at these j

g) a I

m etings, did you hear any conversations regarding the. draft 20 a

t reports that Dr. Cloud submitted to PG&E?

21 I

F MR. LOCKE:

The only thing I heard was a presenta-22 tion by Dr. Cloud of his testimony, as he was going to give 23 it, the next -- whenever the meeting was.

I did not hear any 24

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discussion about the existence of a draft document, which I 25

-453-J J

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have come to understand as being the October 21 and October 2

26 drafts.

3 MR. FAULKENBERRY:

Okay, Mr. Locke, as a result of 4

the conversations that took place at these meetings, was 5

there any conversation that you heard that would lead you to 6

believe that there were draft reports in existence that had 7

been submitted to PG&E7 i

8 MR. LOCKE:

Not at that time, no.

I was listening, 9

like everybody else, to the presentation of Mr. Cloud -- Dr.

10 Cloud -- as to what he was going to be presenting to the staff at that meeting, which had been called by the Commission staff 11 I think about four or five days prior to that time, 12 l

13 MR. FAULKENBERRY:

Mr. Locke, at any-time during tha

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November 3rd meeting, including during the lunch period, did i

you hear any conversations by PG&E personnel or anyone else, 15 regarding the draft reports that Dr. Cloud had submitted to 16 e

j j7 PG&E?

2 MR. LOCKE:

No, I did not.

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I MR. FAULKENBERRY
Mr..Locke, that..is the extent of the j

19 Ji questions that I have.

Owen, do you have anything to add?

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f MR. SHACKLETON:

No, I have no questions.

Mr. Locke, 21 is.there anything that you would like to readdress or any 22 i

.f additional comments you would like to make for tre record?

23 MR. LOCKE:

The only other comment I would like to 24

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make for the record is that I was aware of a draft program 25

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1 plan _ prior to tha Noven?ber 3rd menting, which document I 2

signed off on by way of a transmittal letter, to the NRC staff,

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3 and I believe that that document was hand delivered that morning.

4 I recall signing it about three-thirty in the morning, still 5

during our meeting.

That is the only document that I am aware 6

of that existed prior to November 3rd meeting, and I believe 7

I had seen that document several days before in some sort of 8

draft form, and then it was ultimately filed with the Commissio n s

9 staff on that date.

I believe I signed off and gave it to I 10. believe Mr. Lew, and he made arrangements to have it carried 11 over to the NRC staff.

12 MR. FAULKENBERRY:

Okay, just for the record, I l

13 believe that what you are referring to is the draft program P an that was dated October 26th, which was submitted to the l

1-4 NRC from PG&E.

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MR. LOCKE:

I think that -- I am not sure of the 16 2

date but it was a trnsmittal letter.

I have it in my files.

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17 It shows that it was actually transmitted to the Commission 18 i

staff on November 3rd, 1981, and I believe it was hand carried j

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that same day, the date of the letter itself.

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MR. FAULKENBERRY:

Okay, thank you, Mr. Locke.

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Z MR SHACKLETON:

Thank you, mr. Locke.

Of f the record:.

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