ML20078L717
| ML20078L717 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 06/27/1983 |
| From: | Bell G DUKE POWER CO. |
| To: | |
| Shared Package | |
| ML20078L617 | List: |
| References | |
| FOIA-83-434 NUDOCS 8310240043 | |
| Download: ML20078L717 (75) | |
Text
f 8
i I
U NIT ED STATES OF A M ERIC A NUCLEAR REGULATORY C O MMIS SIO N BEFORE THE A T O MIC SAFETY AND LI C E N S IN G BOARD In t h e Matter of:
)
)
DUKE POWER C O M PA N Y, et M.)
Docket No s.
50-413
)
50 414 (Catawba Nuclea r S tation,
)
U nit s 1 and 2)
)
I l
l l
l 1
D E POSITION OF:
GLENN H.
BELL t
i 1
e 434 pgp Evelyn u.qer Associates STENOTYPE REPORTING SERVICE P. O. BOX 19444
f L
1 A PPEA R A N CES:
2 ROBERT GUILD, ESQ.
C olumbia, S.
C.
3 C oun s el on S a hall of Int e rveno r, Palmetto 4
A llia nc e Corporation 5
RONALD L. GIBSON, ESO.
C ha rlo tt e, N.
C.
6 C.o un s el oa
- i e h a lf of A p pli c ant, Duke Power 7
Company 8
Also Pr e s e n t:
9 George W.
Grier Duke Power C om pa n y 10 Roger Quellette 11 Duke Power C ompany 12 Mic ha el F.
Lowe Palmetto Allia n c e 13 Phil Jos 14 Palmetto Allia nc e 15 Betsy Levita s C a r olina Invironmental 16 Study Group l
l 17 I N D E X 18 l
W IT N ES S DIR E C T CROSS 19 l
Glenn d.
S e ll 3
73 l
I 20 21 22 23 v-24 l
25 l
evetva esnoen 4:sociarus. srsworves aeroarina suavies. cuantorra. nonm canouma
B oll Direct 3
-O 1
The D e po sition of Glenn H.
D ell is taken 2
at the corporate o ffic e s of Duke Power Company, 3
C ha rlo tt e, North C a rolina, o n. this the 2 7 t' h d a y of 4
- June, 1983, in the presence of Robert G uil d,
Attorney 5
fo r the Intervenor; and Ronald L.
- Gibson, A ttorne y 6
for the A p plic a n t.
7 A ll f o rmalitie s as to c a p ti o n,
c e r tific at e 8
and tr ans mi s s io n are waived.
It is agreed that af 9
Lyne B.
iila m, N o ta ry P ubli c in and for the State 10 N o rth C a r olina, may take said D e po si tio n in machine 11 s ho rthand and transcribe the same to ty p e w ritin g.
12 S aid D e po sitio n is taken subject alone to 13 te s timony for co mpe tenc y, relevancy and mat e riality; 14 and all obj e ction s, save as to the f or m. of que s tion s 15
- asked, are reserved until the H e arin g, i
l 16 l
l 17 GLENN H.
- BELL, 18 having b e e n fi r s t duly sworn to tell the truth, was l
19 e x a mi n e d and te s tifie d as f ollo w s :
20 21 D IR E C T EX A MIN ATION M
BY MR.
GUILD:
23 C
Before we begin, Mr.
B ell, would you stat e
your full na me and your business address for the 24 3
R e c o rd, plea s e ?
EVELYN SERGER ASSOCIATES. STENOTYPE REPORTING SERVICE. CMARLOTTE. NORTH CAROUNA
4 Direcc D oll 1
A My name is Glenn H.
B e ll.-
.k y address is 2
P.
O.
Cox 33179, C ha r lo tt e, 27242.
3 C
You work here in.the corporate of fic e ?
4 A
T ha t's correct.
5 MR.
CIBSON:
- Counsel, I b eli e v e we 6
have s tated in correspon'dence to continue 7
the previous stipulations wit h respect to 8
the
.t a ki n g of this D e po sition.
9 Fefore we be gin can we identify the 10 other persons in the room?
V ith rega rd to 11 que s tion s,
all o bj e c tio n s are deemed pre.
12 served except objections to the form of tha t
13 que s tion s.
14 MR.
GUILD:
That is fi n e.
15
- 4 R.
GISSON:
Here on behalf of the c o m pany, R o n a ld Gibson, Counsel for Duke 16 i
17 Power; George G ri e r and Robert Ou elle tt e l
18 as involve d in Lic en sin g from the Nuclear 19 P ro du c tio n De pa rtment, j
20 id R.
G UILD:
P hili p Jos, Michael l
21 Lowe with P a l m e t't o A l li r. n c e.
My na me is 22
o b e r t G uild.
l 23 V, e have served N o tic e of M r.
George l
I 24 l
Orier that hia D ep o s ition will be t a 'e e n U
later this week, and as a person who is tc l
l systvN ennoun Associates, sTENOTYPE REPOfmMG SERVICE. CHAMLOTTE. NORTH CAROUNA
5 1
be deposed, we w o ul d ask that he be excuse d 2
f rom the D e po sitio n of those who are also 3
being qu e s tion ed on the same subject matte r; 4
that is Cuality A s surance and welding 5
matters at C a tawb a.
6 MR.
GIBSON:
Consistent with our 7
comments during the D e po sition o f Mr.
8
- VanDoorn, the company takes the p o s iti o n 9
that it is entitled to a mana geme nt repre-10 s entativ e at each D e po sition sinc e each of 11 the management r e pre s entative s would be 12 a ppea rin g.
13 That includes Mr.
G rie r, Henry and 14 D avis on, We feel we are e n ti tl e d to have 15 one of them; and we have proposed some 16 sort of a m e n di n g of the schedule to have 17 D e po s ition s taken e a rlie r to ac c o mmo d a t e 18 both of our po sitio n s,
which conflict.
19 We r e c o g ni z e your po sitio n, but we 20 in si s t on ha vin g Mr.
Grier present.
2' MR.
G UILD :
We take the position, o f 22
- course, that Mr.
G rie r's t e s timo n y will 23 therefore not be spontaneous but may be 24 effected in terms of its s ub s ta nc e by the 3
answers which he is now able to hear f ro m EVELYN SERGER ASSOCIATES. STENOTTPE REPORTING SERvlCE. CHARLOTTE. NORTM CAROUNA
Ball Direct 6
1 M r.
Bell and
'o t h e r Mitnesses who will p r e- -
2 cede him in D e po s ition s.
3 That same principle will apply with 4
the te s timony of others whom you have 5
insisted on being present.
6 We, of course, adhere to the princi-7 pie that s eque s t ra tion of %itnesses is 8
appropriate on a matter of c ommon subject s; 9
and we put you on notic e that we would 10 intend to ask the Licensing Board to note 11 Mr.
G ri e r 's presence and to weigh his 12 t e s timony as eff ected by having heard the 13 te s timony of others.
14 MR.
GIBSON:
That is an issue of 15 c r e dibility to be resolved by the Licensing 16 Board; and as I say, I think we have both 17 adequately stated our p o sitio ns,
so let's 18 proceed with Mr.
Bell.
19
( % he r eupo n, the D epo s ition of 20 Mr.
B e ll resumed at 8 : 51 a. m. )
21 22 BY MR.
CUILD:
23 Q
M r.
E e 11, would you state your title with 24 Duke Power Com pany ?
25 A
Senbr CA S p ec ialis t.
EVELYN SERGER ASSOCIATES. STENOTYPE REPORTING SERVICE. CHARLOTTE. NORTM CAROUNA i
e Bell birect 7
1 Q
D e s c rib e ydur du ti e s in that po sitio n, sir.
2 A
My dutie s in that po sitio n is that I r e vie w 3
' purchase r.e qui s i ti o n s for.q u a li t y r e q u i r e 'm e n t s,
I 4
interface with design through s u r veillanc e programs 5
to see ~ th at our procedures are being adhered to.
6 O!
A ll ri ght, the fi r s t one you spoke o f, did 7
that have to do with e s s entially vendor q u ali t y 8
assurance?
9 A
- Yes, it has to do with the r e qui s i tio n s 10 where we procure m ate rial f ro m ou r vendors.
11 O
You are aware that Palmet to A llianc e has 12 been a d mi tt e d as an Intervenor in the Lic en sin g 13 procedure for the Catawba Plant; ~ and that the Nuclear 14 R e g ula to r y Commis sion has admitted f o r litig a tio n,
15 Palmetto A lli a n c e Contention Six whic h qu e s tion s the 16 C u a lit y Assurance at the Catawba Plant?
17 A
T ha t 's right.
18 C
Are you f amiliar with Contention Six; have l
19 you seen the text of it ?
20 3
y,,,
21 C
Let me show you a copy of it real q uic k 22 (indic atin g).
I'm going to show you a document that 23 is dated December 31st,
- 1982, entitled, " A p plic ant's R e s pons e s to P a l m e tto A llia n c e 's First Set of 24 1
25 Interrogatories,"
etc.,
and I ask you if you recogniz e EVELYN BERGER ASSOCIATES. STENOTYPE REPORTING SERVICE. CHARLOTTE. NORTN CAROUNA
.B o ll
. Direct 8
I that document ?
2 Have you seen that before?
3 A
Yes.
4 O
S ki p a couple pages through there, and I 5
think the text of Contention Six appears on Page 6
Three.
7 Do you see th a t, sir ?
8 A
Yes.
9 Q
Take a minute and look at that to refresh 10 your r e c olle c tio n as to the text of Contention Six.
4 11 MR.
GIBSON:
W hil e he is doing that, 12 Ai r.
- Guild, I might note that Contention 13 Six has been narrowed in accordance with 14 the Board's latest order dated June 20 or 15 21s t; and we intend to limit the scope of 16 the De po si ti on s as the C o n t e nti o n has been 17 narrowed in accordance with the Board's 18 order.
19 20 BY MR.
G UILD :
21 O
Mr.
- Bell, you have seen that and had a 22 chance to read it just no w ?
U A
Yes.
24 O
I b e li e v e it is fair to say you have been 25 made r e s pon sible for a s sis ting in the p re pa ra tion of EVELYN BERGER ASSOCIATES. STENOTYPE REPOftTING SERVICE. CHARLOTTE. NORTH CAROUNA
B oll Diroct 9.
1 the c o m pa ny 's R e s po n s'e s ?
2 A
W ould yo u repeat that?
3 O
You have been asked to assist in p r e pa rin g 4
the company's R e s pons e s to Palmetto A lli a n c e 's 5
Discovery Request on Contention Six ?
6 A
I coor dina ted with legal on.s ome of the 7
inf o rmation prepared for use in these Inte r ro gato rie s.
8 O
G e ne r ally s pe a kin g.
I' m not barking up the 9
wrong tree?
You did assist in part as far as pre-10 paring the Answers?
11 A
As f ar as pr e pa rin g the Answers, them-12 selves, no.
13 O
A ll right, sir; w e ll, that is a surprise.
14 Let me show you a document attached to the back of 1
15 that Answer (indicating).
i l
16 Is t h at your A ffidavit with your signature 17 under oath ?
18 A
- Yes, sir.
19 Q
A ll right, sir; would you read--it is only N
two paragraphs--for the Record, the text of that 21 A ffidavit ?
22 A
"I, Glenn H.
- Bell, b ein g duly sworn, here-.
23 by state that Iam employed by Duke Power Company 24 as a Senior Quality A s surance S p e ciali s t, Q u a li t y M
A s s urance D e pa r tm ent.
...<,..........or.---...-.-...--.
i
Diroct 10 Boll 1
I have been r espo n sible for f ur ni s hin g the 2
basic inf o rmatio n used in responding to those I$s t e r r o g a t o r i e s on_ P alme tto Allianc e, C o nt e ntio n Six 3
4 by which my initials appear.
Those Responses are 5
true and correct to the best of my knowledge and 6
b eli e f. "
7 Q
A ll right, sir; thank you.
Now when you 8
say that you did not answer those Int e r ro gato rie s,
9 are there any of the Inte r ro gat o rie s that you did to
- answer, M r.
B ell ?
11 A
No, sir.
12 O
W ho did answer the In te r r o g a to ri e s,
if you 13 didn't?
14 A
It was a jointed venture of my manage ment.
15 Q
Who is your management, sir?
W ho do you l
16 mean by that term?
l 17 A
G.
M.
- Grier, M.
O.
Henry.
18 Q
The same Mr.
G rie r who is in the room l
I 19 now?
20 A
T ha t 's correct.
)
l 21 Q
I'm sorry, W.
O.
Henry?
22 A
Yes.
23 C
Who is that?
l 24 A
T he QA Manager that I wo rk unde r.
25 O
A ll ri gh t, sir; what is his title ?
EVELYN SERGER ASSOCIATES, STENOTYPE RSPORTING SERVICE. CHARLOTTE NORTM CARCUNA
Ball Diroct 11 1
A QA Manager, T e chnic al Services.
2 O
And I will let you know Mr. Henry has also 3
been asked to appear for his D e p o s itio n later this 4
- week, if you didn' t know.
5 Who els e ?
6 A
L.
R.
D avi s o n.
7 Q
Who is Mr. Davi son ?
8 A
CA Manager of P r oj e c t s at Catawba.
9 O
All ri ght, sir; is that his title to the best to of your knowled ge ?
11 g
y,,,
12 O
And Mr. D avi s on,
- also, Mr.
B ela, has been 13 asked to appear for his D e po sition in this case.
14 A
(The Witnes s nodded his head affirmatively.)
15 Also the a s sis tanc e of legal.
16 g
n,ggg7 17 A
Correct.
18 O
Who would that be?
19 A
A.
V.
Carr and Ron Gibson.
20 Q
A nybo dy else answer those Inte rr og ato rie s ?
21 A
Not to my knowledge.
e2 O
Did you participate in answe ring thos e l
I o3 Inte rrogatorie s ?
~
l i
24 l
A I coordinated with le gal in that I gave them l
25 the inf o rm a tio n s u p pli e d by our ma na g e me nt.
EVELYN SERGER ASSOCIATES. STENOTYPE REPORTING SERV 4CE. CMARLOTTE. NORTM CAROUNA
l Bell Direct 12 1
Q A ll right, w h a t. does that mean?
Explain 2
what you mean by "gave them the i n f o r m a tio n s u p p li e d 3
by mana ge ment ? "
4 A
I wa s a central point in that I was there 5
when th e y f o rmulated the Answers for Int e r ro ga to rie s 6
and I put everything to ge th e r and sent it ove r to 7
legal.
8 O
T ell me how you did that.
9 A
W ell, we might work on C ont entio n Six 10 Interrogatories Two,
- Eight, and Ten; and I kept trac k 11 of wha t we intended to send to legal as far as 12 formulatin g our Responses, the Inte rrogat orie s.
13 o
now 'did you do that?
14 A
W ell, I don't understand the question.
15 O
I am t r yin g to understand your answer, I
16 guess, Mr.
Bell, if you would elucidate a little bit i
17
- more, "you ke pt track."
18 W ha t do you mean by that?
19 A
I kept up to see that we had all the 20 R e s po n s e s necessary to assist legal in c o m ple tin g the 21 Responses to Int er rogato rie s.
I 22 O
T ell me how you did that job, sir?
23 A
I sit in when the Responses are being 24 fo r mula t e d f or the Answers.
M Q
- Yes, what els e did you do?
EVELYN BEROER ASSOCIATES. STENCTYPE REPORTING SERVICE. CHARLOTTE. NO8tTH CAROUNA
Boll Direct 13 1
A C olle c t e d th e inf o r m a tio n and saw that it 2
came to legal.
3 C
How did you collec t the inf o rmation ?
4.
A T oo k Eg te s.
5 o
y
,7 6
A A nd f o r mulat e d it into a response that lega l 7
could read.
8 O
I' m sorry, I don't mean to inte r rupt you.
9 If you had s o m e thi n g to say, fini s h your answer.
You took notes and did you draf t the proposed answer s?
10 11 Did you writ e a text?
12 A
No, sir.
13 O
What do you mean by "f o rmula t e d it so tha n 14 legal could read it ? "
15 A
I wrote it in a manner that they could get 16 the inf o r ma tion in order to f o r mula t e the a n s we r s.
~
,7 C
What did you write ?
18 A
Our Response.
19 Q
So you did write a draf t of the Response?
oo A
I do n't know whether you would consider it 21 a draf t of the Response.
I gave them inf o r ma tio n 22 s uppli ed by th e QA Department to be used in our 93 R e s pons e s.
24 O
What was your r e s po n s ibility with respect 25 to ide n tif yin g documents in Discovery with regard to EVELYN BERGER ASSOCIATES. STENOTYPE REPORTING SERVICE. CHARLOTTE. NORTM CAROUNA
E oll Dir e c t 14 1
C o n t e ntion Six, Mr.
- Sell, if any?
2 A
C ould you repeat the que s tion ?
3 Q
Sure.
% hat was y ou r. r e s pon s ibilit y 4
re gardin g the id en tific a tion and p r o vi sio n of do c um e nt s 5
on Contention Six ?
6 A
Vihen legal requested a document, I was 7
assigned the r e s po n sibility of seeing that they got the 8
inf o rm a tio n.
9 O
For finding the document and p ro du cin g it?
10 A
I went to the appropriate management and 11 got the information.
12 O
Got the documents ?
13 A
Correct.
14 O
Mr.
- Bell, have you discus s ed your te s timo ny 15 here today with anyone ?
16 A
We m et to discuss what was going to be 17 required this mo rning, as far as what a D e po sition 18 was and that sort of thing.
19 O
W ho did you meet with ?
20 A
Legal.
21 g
- 3. g o 7 22 A
R on G ib s o n.
23 Q
When did you do that?
24 MR.
CIESON:
Mr. G u il d,
I think you 25 are w e ll aware you may be treading on EVELYN SERGER ASSOCIATES. STENOTYPE REPORTING SERVICE. CHARLOTTE. NORTH CAROUNA
S c11
. Direct 13 1
A tto r n e y-Cli e nt p rivile g e.
2 If the r e is a s p e cific que s tion, let's 3-see where we can go; but I.did have meetir.g s I 4
with each Duke e m plo y e e who was goi n g to 5
be deposed to prepare for his D e po si tio n.
6 The context of thos e m e e tin g s is 7
protected by A tto r ne y-Clie nt p rivile g e.
Is s p e c ific we can get to?
8 there a 9
10 BY M R.
C UI L D :
11 Q
'li h a t did Mr.
Gibson tell you about your 12 te s timony ?
13 A
To tell the truth.
14 O
Is that all he s aid ?
15 MR.
CIBSON:
I will in s t ru c t hi m not 16 to answer unless we know where you are 17 g oin g, if th e r e is s o methin g s p e cific you 18 want.
19 MR.
GUILD:
M r.
- Gibson, of course 20 we dis cu s s e d before the De po sition took 21
- place, not only is the Board Chairman 22 inavailable to resolve matt e r s in dispute 23 regarding this D e po s itio n; but I have been 24 inf o r me d by the Board C hai r m a n's Legal M
A s sis tant in his absence there is no one EVELYN SERGER ASSOCIATES. STENOTYPE REPORTING SERVICE. CHARLOTTE. NORTM CAROUNA
16
)
1 who can r e s olve these potential disputes j
2 during this Discovery process.
3 The other Board me mb e r s a'r e not 4
a vaila bl e to rule, and no one has been 5
delegated the re s pon sibility to rule.
6 He, of course, will be absent until 7-the lith of Tuly, we are inf o r m e d.
So I' m 8
faced with the d ifi c ult y of when you instruc t 9
y o u r 7/ i t n e s s not to answer the question, 10 of not being able to seek r elief by way of 11 a djour n m e nt and r uli n g.
12 Therefore, I ask you, sir, to pe r mi t 13 the Witnes s to answer the qu e s tio n.
14 MR.
GIBSON:
B o b, are you s a yin g 15 this Wit ne s s ou ght to t e ll everything he 16 disc u s s ed with his C ou n s el in preparation 17 for the D e po sition ?
18 The broadnese of the question 19 in f ri n g e s on that.
If there is a s pe cific M
- area, we can see if that can be resolved; 21 but I will not let him sit here and go 22 through a list of thin g s we discussed.
23 I think the A tt o r n e y-C li en t p r i vile g e 24 protects that.
If th e r e is s o me thin g 25 s pe cific you want, we will see if he can EVELYN SERGER ASSOCIATES. STENOTYPE REPORTING SERvlCE. CHARLOTTE. NORTH CAROUNA
c 17 I
answer that;' but he will not answer the 2
other que s tion.
3 1 understand your position with re ga rc; 4
to the B o a r d.,
but.I suggest you eit he r 5
rephrase the qu e s tio n and make it more 6
dir e c t and s p e cific or move on to another 7
question because h e ' will not answer. that.
8 MR.
GUILD:
My po sition is to th e 9
extent that the Witne s s ' te s tim ony is that to all reflec tion of in s t ru ctio n s received, 11 includin g you,
- sir, the A tt o rn e y-Clie nt 12 p rivile g e does not shield that; and his 13 sworn t e s timo n y ought to r efle ct what 14 in s t ru c t i o n ti his t e stimon y is responsive 15 to f rom you, his mana ge ment, or anyone 16 elac.
17 And the que s tio n pending was designed 18 expressly and very s p e cific ally to elicit l
19 his response with respect to what i
20 in s t r uction s he has had regarding his 21 te s timony, and it stands, i
22 MR. GIBSON:
And he is not going to 23 answer it, so I suggest you ask another f
que s tion, a more s p ecific qu e s tio n; or t e ll 24 me more about where you are going.
i 25 l
swatyn announ Assoc Arms. sTswotype meronrima sanvoca. CMAnLOTTs. NOnTH CAnOUNA
Boll Diroct 18 1
That does infringe on A tto r ne y-Client 2
r ela ti on s hip.
MR.
G UILD :
A ll right, sir.
3 4
5 BY MR.
G UI LD :
6 Q
Were you instructed with respect to the 7
responses of any of th e qu e s tio n s I've asked you so 8
- far, Mr.
B e ll ?
9 MR.
GIBSON:
Repeat that.
I don't to understand the qu e s tio n.
11 12 BY MR.
G UILD :
13 Q
W er e you in structed with respect to 14
. e s pons e of any of the qu e s tion s so far?
15 A
I don't understand the que s tion.
16 Q
Did you discuss documents and how to 17 answer que s tio n s with regard to documents ?
18 A
No, sir.
19 C
Did you discuss the subject of your role in 20 f o rmula tin g answers to Palmetto A lli an c e 's Discovery 21 R eque st ?
22 A
- Yes, sir.
M Q
What did you dis cu s s ?
24 A
I told Mr.
Gibson that I didn't think my 3
D eposition would take very long in that the only thing EVELYN SERGER ASSOCIATES. STENOTYPE REPORTING SERVICE. CMARLOTTE. NORTM CAROUNA
B ell Diroct 19 1
I did was coordinate b etwe en - Q A and le g al in the 2
transfer of paperwork.
3 O
All ri ght, sir; anything else ?
4 MR.
GIBSON:
Nothing else t h a t' we 5
will put on the R e c ord in response to your 6
que s tion, which I think is obj e ction able.
7 MR.
GUILD:
I would a sk that he be 8
responsive fully to the que s tion asked, and 9
that his. response not be limited to the 10 ruling on any such qu e s tion.
11 12 BY M R..
GUILD:
13 O
How many m e e tin g s did you have on the 14 subject of r e s po ndin g to P alme tto 's Discovery R eque s t, 15 M r.
B ell ?
16 MR.
GIBSON:
You are limi tin g that 17 to m e eting s involving preparation of this l
l 18 D e po s ition or Discovery R eque st ?
19 MR.
GUILD:
T he que stion wa s broade r 20 than preparing for this D e po sitio n.
l 21 MR.
GIBSON:
W o uld you make it M
- clearer, Mr.
Guild ?
23 MR.
GUILD:
I think it was clear, bu t l
l 24 I will try to restate it.
25 l
EVELYN BERGER ASSOCIATES. STENOTYPE REPORTING SERVICE. CHARLOTTE. NORTH CAROUNA l
l
B oll Direct 20 1
BY MR.
G UI L D :
2 O
How many m e e ti n'g s di d you have with regar d 3
to preparing Discovery R equ e s t s with regard to 4
C on te ntion Six ?
5 A
I cannot say how many.
6 O
- One, two, more than two?
7 A
More than two, I can't remember the e x a'c t 8
a mo unt.
9 O
In one of the Answers to In te r ro ga to rie s, 10 there are de s c ribe d a nu mb e r o f me etin g s r e g a r di n g 11 this subject.
12 L e t 's see if I can 1et you refresh your 13 r e c oll e c tio n.
14 A
All ri ght, sir.
15 O
I show you a document dated F eb rua ry 2 8, 16 1983; and it is e ntitl e d,
" A pplica nt's Supplemental 17 R e s po ns e s, " etc.
18 Have you seen this before, and I will put 19 my fin g e r to that spot that I will direct your 20 atte ntion to (indic ati n g ) ?
21 First tell me if you have seen the documen t 22
- before, Mr.
B ell ?
23 3
y,,,
,ty, 24 O
A ll right, sir; the page identified, that is 3
Page--
EVELYN SERGER ASSOCIATES. STENCTY'S REPORTING SSRWCE. CHARLOTTE. NORTH CAROUNA
l B oll Direct 2l 1
A Page 12.
2 O
Does it say,
" C on t e n tio n Six" at the top?
3 A
- Yes, sir.
4 O
Page 12 sets out, there ar e s everal pages 5
that describe documents for which your Lawyers h av e 6
asserted an A t t o r n e y - C li e n t related p rivil e g e ; b ut I 7
am not a s kin g you about those documents.
8 What I want to know is if you look at those 9
- pages, see if they refresh your r ec olle c tio n concerni ng to m e e tin g s.
11 Most of these de s c riptio n s of documents 12 relate to me etin g s, and I would lik e to know the 13 me etin g s and the ones you were present at, sir.
14 A
On Page Seven, on Page F o u r t e e_n - -
15 Q
That is Paragraph Number Seven; is that 16 right, it is a number ed paragraph?
17 A
C or re ct.
18 Q
All right, sir.
19 A
9 /16 /82, I attended a me etin g the re.
N Q
A ll right, sir; does that text r efle c t that you we re in attendance at that matte r ?
21 22 A
T ha t 's cor re ct.
Paragraph Number Eight 23 has reference to the s a me m e e tin g, that was my note, 24 It looks like the only date that I can see was the 25 9 /16/82.
EVELYN SERGER ASSOCIATES STENOTYPE REPORTING SERvtCE. CHARLOTTE. NOsrTM CAROuMA
B ell Direct 22 1
Q Was that the only m e e tin g that you p a r tici-2 pated in with respect to responding to Palmetto 3
A lli a n c e 's Responses on Contention Six ?
4 A
No, sir.
5
'O You don't r e c a ll any others at this ti m e ?
6 A
I can't r e c all the dates; no, sir.
7 Q
A ll right,
- sir, if you would pass that back 8
to me, thank you.
Now take a look, fir s t I'm going t o 9
s ho w you again the December 31st Response by Duke 10 power C o mp an y.
11 You have pr eviously id entified it.
Take a 12 look at that again about p a g e --I' m afraid I don't have 13 page references.
14 L et 's look here at R e s pons e s to 15 Intorrogatory Number Six, w hic h be gin s at Page 16 F ou rt e e n, M r.
- Bell, and fli p through there,
- sir, and 17 tell me if your initi al s,
what are your initials, sir ?
18 A
G-H-3 19 Q
T ell me if the i ni ti al s G-H-B indic a tin g 20 Glenn H.
B e ll are in di c a t e d behind the company's 21 R e s pons e s to any of thes e s p e cific Inte r r o g a t o ri e s on 22 C ontention Six, and let me see if I can speed up the 23 process.
24 Take a lo o k at Interrogatory Three.
M A
Correct.
EVELYN BEleGER ASSOCIATES. STSNOTYPE REPORTING SERWCE. CMARLOTTE. NORTM CAROWNA
m Diroet 23 Boil 1
Q Eig ht ?
2 A
Correct.
3 Q
Nine?
4 A
Correct, yes; as w e ll as the i n i t i a l R - V. - O,
5
'O' Who is R-W-O?
6 A
R oger Q u e ll e tt e.
7 O
Is Mr.
Du e 11e t t e present in the room hereP 8
A (The Witne s s nodded his head affirma tively,
)
9 O
I want to be inf o r ma l, M r.
3 ell, but pleas e 10 say yes o r no.
11 A
Yes.
12 Q
Sa on Nine it is Glenn H.
B e ll and R oger 13 Ou elle tt e ?
14 A
Yes.
15 O
How about 14 7 16 A
Yes.
17 Q
All right, 16 ?
18 A
Yes.
19 O
Seventeen?
20 A
Yes.
21 Q
Eight e en ?
22 A
Yes.
23 O
Twenty?
24 A
Y e s.
M Q
Twenty-three and twenty-five ?
EVELYN BERGER ASSOCIATES. STENOTYPE RFPORTING SERVICE. CHARLOTTE. NORTM CAROUNA
3 o11 Direct 24 1
A Yes.
2 C
All right, and 24 I b e li e v e 24 is out of 3
order?
It f ollow s that a n s we r th e r e (ladicating).
4 A
Yes.
5 Q
All the ones you said yes to are ones in 6
which you participated in answering as you e a rlie r 7
described which was your role as you just t e s ti fi e d 8
under oath ?
9 A
Yes.
10 0
.s il those are ones in whi c h your initials 11 appear af ter the an s w. r s ; carrect?
12 A
T ha t's correct.
13 O
Turn to Num bers 12 and 13.
Do the initials 14 R-%-O appear after those answers?
15 A
T we lv e, T hi r t e e n; yes.
16 C
How about Twenty-one ?
l 17 A
R - Vi - O as well; that's correct.
l 18 C
And R-%-O, those initials stand for Roger 19 O uelle tt e 7 20
-3 y,,,
21 C
T urn to Page 41 of that s a me R e spons e.
22 if you would, Mr.
Dell.
Does th e r e at 41 in pa r t 23 appear the company's Response to P almetto Allianc e 's
!~
24 Interrogatories 23 and 25 on C ontention 6 7 25 A
Would you repeat your que s tion ?
EVELYN BERGER ASSOCIATES. STENOTYPE REPORTING SERVICE. CHARLOTTE. NORTH CAROUNA
Bell Direct 25 1
O
- Sure, does part of your answer to 23 and 2
25 appear on that page?
3 A
Yes.
4 O
A ll right, sir; let me hold one second, 5
M r.
Bell.
All right, sir; read the I r. s t paragraph 6
appearing on that page and going to the next, don't 7
you represent that this list is complete, that 8
A pplic an t s are c on tinuing their search to determine 9
whether there are additional documents within the 10 scope of 23 and 25, and if so, those additional 11 documents will b e i d e n tifi e d to Palmetto Allian c e and 12 will be made available to Palmetto A llian c e for 13 in s p ec tion in accordance with the C3 above?
14 What does it mean there?
Let me ask you 15 fi r s t, do your initials appear there?
i 16 A
C or re c t.
I 17 C
W ha t does it mean by " c o n tinuing their 18 search?"
19 A
At the time I produced these documents for l
l 20 legal we were not sure we had all the documents that 21 pertained to those two Inte rroga toria s.
22 O
Did you p a r tic i p a t e in producing those 23 documents for legal as you s aid ?
24 A
1 went back through our management who 25 went to diff e r ent p e o pl e to get these do cum en ts,
yes.
l EVELYN BERGER ASSOCIATES. STENOTYPE REPORTING SERVICE. CHARLOTTE. NORTM CAROUNA
B ell Direct E6 1
Q D es cribe what you did in connection with 2
id e n tif ying those documents and preparing that answer,
3 sir.
4 A
T he only thing I did was f or wa rd these 5
documents over to legal.
At the time these were 6
forwarded over, I told legal we were not sure we had e v e r y thi n g, and we were in the process of Zoing back 7
8 to our s up e r vi s o r s to find out if we had e v e r y t h i n'g.
9 Q
First I want to direct your attention to 10 the process that arrived at the Response that has your initials ~ by it th e r e; and then i want to direct 11 12 fi r s t to what occurred leading up to the R e s pons o I3 that has your name b y it.
Mr. Sell, and then go 14 f o rwa rd.
15 D e s c rib e if you wonld.
M r.
B ell.
your role 16 in preparing that Rosponse.
17 A
1 sent a list of these docume nt s over to l
18 18 E al.
Q
% here did the list come f rom that you goti 19 i
l 20 A
F rom the va rio us people who sent me the s e 91 documents, f e eling t h e.. e documents represented
~
j 22 R es pons e s to 13 and 25.
23 Q
% ho fait that?
24 A
It came from diff e r ent s up ervision.
25 O
All right, so w ha t was your role in g e ttin g EVELYN SERGER ASSOCIATES. STENOTYPE RSPORTING $5RVICE. CMARLOTTE. NORTH CAROLINA
Direct.
27 a all 1
the documents id e n ti fi e d by those s uper vision ?
A My role was that everything was sent throu gh 2
3 the supervision to me.
4 O
How
'd i d. t h e y d o that, ho w did th ey come to 5
do that, si r.
nell?
6 A
I would expect it came through the chain 7
of command.
8 Q
How did they k no w they were to do tit a t ?
9 How did they receive their in s t ru ctio n s to c ompile 10 these documents or send those documents to you?
11 A
The dif f e r e nt managers knew I wa s 12 coordinating this m a t e ria l, and they got the material 13 and got it to me.
14 O
How did they know they were to do that, 15 s i r, if you know?
16 A
We had had various m e e tin g s c o nc e r nin g l
17 what things we needed to be pulling together, what 18 d oc um ent s.
19 C
S pe cific ally on this subj e c t, Interrogatoria s 20 23 and 25, is your t e s timony that the in s t ru c tion s 21 to your management or the management people you have M
identified. I b elie ve M r.
G rie r, Da ris on an d H enry, told me a c tu all y 23 both are the three p e o pl e you 24 answered thes e thing s ?
M 1.
C or re ct.
EVELYN SERGER ASSOCIATES. STENOTYPE REPORTING SERVICE. CHARLOTTE NORTH CAROUNA
B ell Direct 23 t
1 Q
That is what you m e an when you'are talkin g 2
about your management on the s e thing s ?
3 A
T ha t 's correct.
4-Q Is it your t e s timony M r.
Grier. D a vi si o n 5
and Henry got their in s t z uc tio n s on,these documents 6
at a me eting ?
I 7
A We had a meeting on the Int e r r og at o rie s.
8 It might, b e that I came from legal when we received 9
those things and said we need to get all the N C I's 10 that repte s ent ed dis put es or wha t e v e r and get them 11 to g e th e r.
12 At that time I might have told him befo re 13 we had th e me e tin g that we needed to get this kind 14 of inf orma tion together.
15 Q
Might have told whom ?
16 A
Either W ayn e Henry or George G rie r.
I 17 Q
Or Larry D a vi s o n ?
18 A
11he had been with us, yes.
19 Q
But either Mr.
G rier or Mr.
Ii e n r y ?
20 A
Yes, they worked in the Charlotte o f fic e.
21 and I saw them lo c ally.
22 O
So you may have passed on i nf o r m a ti on from 23 le gal to get the s e documents tog ether ?
24 A
I might have.
M Q
Did you s end a note to Mr. G rie r saying EVELYN SERGER ASSOCIATES. STENOTYPE REPORTING SERveCE CHARLOTTE. NORTM CAROUNA
E cll Direct 1
g et these documents to ge ther ?
2 A
I don't remember.
3 Q
Might you hhve?
4 A
I might.
'5 O
Had you c ommunic ated in writin g with Mr.
6 G rier,
D a vi s o n or Henry or anyone.else with tospect 7
to R e s ponding to Inte r ro g a to rie s 23 and 25?
8 A
No, most of it was inf o r mal.
L 9
Q Not in writing ?
10 A
T ha t's correct.
11 O
You passed on mes sa ge s o r ally to Mr.
Grier ?
12 A
T ha t's cor rect.
13 Q
Is that what you did in this case 7 14 A
I can't r e me mb e r wh eth e r I wrote a nythin g 15
-on this or not; but I don't think I did.
16 Q
M r.
B ell, did you bring your file s with you here th at would r e fl e c t whether or not you had a 17 18 memo randum or note or anything in writin g with 19 regard to an sw e rin g this Inte rr o g at o ry ?
M A
No, sir.
21 Q
Do you have file s ?
~
22 A
I have a correspondence file.
23 Q
Would that include any notes or memoranda 24 that you issued or sent to M r.
G ri c t,
H enry or 25 D avis on with r e s pe ct to answering thle Interrogatory?
EVELYN SERGER ASSOCIATES. STENOTYPE REPORTING SERVICE. CHARLOTTE. NORTM CAROUNA
f l
S oll D i r o e't 30 1
A There are occasions whi c h I m ight ha ve 2
wrote a memo and it was signed by my manager.
3 Q
You would have a copy in your file of that 4
if you wrote it ?
5~
A
- Yes, sir.
6 Q
Did you bring tho s e things with you today ?
7 A
No sir.
e 8
Q
.I want to get you to identify the N o ti c e.
9 You appeared here today at this D e po si tio n pursuant to to a Notic e of t a ki ng Depositions that was served on 11 the company; did you not?
12 A
Yes.
13 MR.
GIBSON:
We will s tipula te all 14 of the m say the same thing, if you want to 15 hand him any one of th e m.
16 MR.
GUILD:
His happens to be on tho 17 bottom of the list.
18 19 BY MR.
G UI LD :
20 Q
Can you id e ntif y that document, Mr.
Sell?
21 A
Yes.
22 O
Is that Notice of taking D e po sitio n that was M
served on you requiring your attendance here today?
24 A
Yes.
3 Q
All right, sir; would you read the second EVELYN BERGER ASSOCIATES. STENOTYPE MEPORTING SERVICE. CHARLOTTE. NORTH OAROUNA
- ~ ~
a
31 S oll Diroet I
paragraph there for the Record?
2 A
"You are required to attend and may be 3 repre sented by C oun s el and are required to b rin g ' with you any and a ll documents in your possession or
~
4 s ubj e c t to your control r e fle c tin g your knowledge of 5
the above described matter s upon which you will be 6
7 e ra mine d. "
8 Q
A ll right, sir; did you read that before 8
today?
10 3
y,,,
11 MR. GIBSON:
I need to interject.
12 We read the Board's Order r ulin g on 13 s an c tio n s, and the Board's Order s et tin g o r i
14 allo win g these D e po s itio ns to be taken as
(
15 overriding a general request for documents l
as indicated in the D e po sition.
16 17
.Ni r.
B e ll has brought a ll documents relating to QC or QA in welding at C at awbn.
18 Obviously we take th e po sition that any I8 notes of m ee tin g s held with Counsel 20 concerning p ulli n g together items would be
- 1
~
p rivile g e d as r e fle c tin g some of the 22 1
03 strategy and discussions with Couns el.
I b elieve as we read th e Order and 94 as we interpret the No tic e of D e p o s itio n l
EvrLvN etRoER ASSOCIATES. STENOTYPE REPORTING SERylCE. CHARLOTTE. NORTM CAROUNA l
l
B all Diroet 32 1
a s being li mit e d oy those Orders, all of 2
the documents have been produced.
MR.
G UILD :
I would like the W it ne s s 3
4 to answer th e qu e s tio n.
5 MR.
GIBSON:
I am in s t ruc tin g hi m 6
to answer that que stion consis tent with 7
what I've said; that is we have produced 8
all the do cu me nt s relevant to the scope of 9
th e s e D e po s ition s.
10 MR.
GUILD:
I would li k e the Witne s si 11 to answer the que s tion.
THE W IT N E S S :
W o uld you repeat the 12 13 qu e s tion ?
14 15 BY MR.
G UILD:
16 O
Yes.
Why didn't you bring those documents 17 that you have now identified, your documents r e fl e c ti ag l
18 in s t ru c tion s that you may have given to Mr.
G rie r l
l 19 and others ?
l 20 Why didn't you b ri n g those, sir?
21
.Nf R.
GIBSON:
His answer is we have 22 produced those documents; and if you have U
another que s tion, I suggest you ask it.
24 VR.
G UILD :
Of course, you under-l 25 stand I am u n a.ble to get a r uli n g from th e EVELYN BERt.ER ASSOCIATES. STENOTYPE REPORTING SERVICE. CHARLOTTE. NORTM CAROUNA
S oll Diroct 33 1
Judge.
2 MR.
GIB S O N:
I unde r s tand that, and 3
you can note the p o s itio n of this r uli n g in 4
t h e 't a p e,
and we can ask the Court 5
R epor te r to note it if you deem it nece s sar y 6
to get a ruling; but I am in s t r uc tin g hi m 7
not to answer beyond that, and I suggest 8
we move on.
9 10 BY MR.
GUILD:
11 Q
M r.
- Bell, did you search for any document o, 12 you r s elf, in R e s po ndin g to these Interrogatories 23 13 and 257 14 A
N o, sir.
15 Q
Did you p articipate in re viewing any docu-16 ments that were id e ntifie d ?
17 A
I might have read them when they came 18 through my of fi c e.
19 Q
And for wha t pu r po s e might you have read 20 th e m, Mr.
B ell ?
21 A
Just for my own info r m a tio n.
22 Q
Curio sity ?
23 A
y.,
24 O
Was it not part of your r e s pon sibility for 25 the company or in your participa tion in R e s ponding
.mv.......ociar....r ~ome a===rma su avice. ca.m.orr.. ao= c^aoua^
S oll Direct 34 1
to t hi s Inte r ro ga to ry ?
2 A
No, sir.
3 O
D e s c r ib e a g'a i n.
I want to understand very 4
clearly f or the Record, Mr. Bell, what was your role 5
in all this?
6 A
My role was a very li mi t e d role in that I 7
put together all the documents that came through my 8
of fi c e and interfaced with legal to see that they got 9
those documents.
10 Q
Did you do anything more than physically 11 take documents that were given to you and carry them 12 to someone els e ?
13 A
N o, sir.
14 Q
W ould you agree with me, Mr.
B ell, we f
i 15 have gone through all of the A ns we r s to Interro gato ri es 16 that were contained in the December 31st Response?
17 That is what is in f ro nt of you, isn't it?
18 A
D e c e mbe r 3'I s t,
- yes, sir.
19 Q
Does Mr.
G rier, M r.
Henry or M r.
D a vi s on ' a 3
initials appear af ter any of those answers, sir ?
21 A
No, sir; the y do n' t.
22 C
O nl y your initials or the initials of Roger 23 O uelle tt e ?
l 24 A
T ha t 's c orr ec t.
1 25 O
B ut, in fact, it was G rier, Henry and 6
EVELYN BERGER ASSOCIATES. STENOTYPE REPORTING SERvlCE. CMARLOTTE. NORTH CAROUNA
B oil Direct
.35 1
D avis on that answered those Interrogatories and not 2
you?
3 A
T ha t 's correct.
4 Q
Or Mr.
Quelle tte ?
5 A
I think Mr. Quellette had. s ome inte rf ac e 6
with some of the Inter ro ga to rie s.iden tifie d.
He did 7
answer some or pr ovided inf o rm a tion for some of 8
them.
~
9 Q
But didn't--
10 A
I saw that the Jegal Department got tho s e 11 documents.
I did not have r e s p o n s ib ili ty of preparin g 12 the documents.
13 Q
All right, sir.
- Now, ist me tu rn your 14 attention to that answe r that was provided at Page 41, 15 Do you want to go back to Page 41 a g ain ?
16 30 you have that in f r o nt of you ?
17 A
Yes.
18 O
A ll right, sir; describe the search th at is 19 ref e renced thers in the answer that said in part that 20 A pplicants are c ontinuing their search for do cum e nt s l
21 responsive to thos e two Inter ro gato rie s.
l l
22
'hhat do you know about the search?
23 A
It is my und e r s tan ding we went back to the 24 p e o ple and asked if there were any other documents l
M that had not been turned over in their po s s e s sion.
EbELYN SERGER ASSOCIATES. STEMOTYPE REPC$RTING SERVICE. CMARLOTTE. NORTH CAROUNA
D1roet 36 B oll I
O What people are you speaking of?
2 A
The persons at C a tawba.
3-Q
- W ho.a t C a ta wb a, sir ?
4 A
Those persons in the Q A /CC.Depa rtment.
5 C
Be a little more s p e cific.
W ho are you 6
talkin g about?
7 A
I did not pe r s on ally go down on this 8
p a r tic ula r trip when they went down to express what 9
they were looking for.
10 C
Who is "they" as a general ma tte r, M r.
l B ell ?
You andI may be able to get about who "they" f
11 i
12 mean or who they are.
13 If you can help for clarity sake--for some-.
I4 one who is a total stranger who has not lived through 15 this experience has to r ead this D e po sitio n--wh e n you 16 say " the y" or "we",
identify those people.
II O
Our management went down. I think M r.
18 Crier and M r.
H enry and the L e g al D e pa rtm ent went 19 down to the site.
Q Catawba ?
91 A
That's right, and asked those persons in
~
92 this department if there were any other documents.
23 Q
Who do you mean by "those persons in this o4 d e pa rtm ent" ?
l
~
25 A
I knew the y met with the QC D e pa rt ment EVELTPe BERCEW ASSOCIATES. STENOTYPE REPORTINd SERWCE. CHARLOTTE. NORTM CAROUNA
C ell -Direct 37 1
down there.
I was not there so I don't know who was 2
there.
3 Q
You ju~st don't know?
4 A
T hat's r ig ht.
5 Q
And your unde r s ta nding comes from where?
6 A
F ro m Wayne Henry, he told me he was 7
going.
8 Q
He told you he went after he did ?
9 A
Yes.
10 Q
Did he tell you who he met wit h ?
11 A
Not s pe cific ally, no.
12 Q
A ll right, sir; I show you a document I 13 think you may have identified this one already 14 (indicating); this is th e 2/28 Response.
15 D o yo.u re c o gnize that, sir?
16 A
y,g, 17 Q
Look at Page 28; do your initials appear 18 following an answer on Page 287 19 A
I b e li e v e it is Number 22 Interrogatory 20 22.
21 Q
Do you see that ?
22 A
My initials appear on Page 29.
Q Let's see Paga 28 a second--yes, I' m 23 24 sorry; you are ri ght.- P a ge 29 in Response as 25 participating in answering Int e r r o g a to r y 22; is that EVELYN SERGER ASSOCIATES. STENOTYPE RSPORTING JEMICE. CMARLOTTE, NORTN CAROUNA
Direct 38 L oil I
right?
2 A
T ha t's correct.
3 C
Did you participate in answe rin g Inte r ro ga-4 tory 227 5
A I provided l e~g al with the list of employee s E 6
yes.
7 O
And where did the li s t come from that you p r o v'id e d 'l e g al ?
8 9
A It came from our A dmini s t r ativ e S e rvic e s to Division.
11 Q
A ll right, sir; did you procure the list 12 from A d mini s t r a tive Services?
13 A
- Yes, I asked for the list.
14 Q
What did you ask for and how. did you do l
15 that?
16 A
I asked for the na me s, titl e s,
addresses l
l 17 and phone numbe r s and date of employment for a ll persons at the f acility in CA/QC, and to de s c rib e in 18 19 d e t ail the circumstances of t e r min ation.
20 C
You did not do that, did you?
21 A
T ha t is what I asked for.
22 C
A ll right, cir; hold that a second, please.
c ou pl e documents now sud ask if you
'23 I show you a recognize tho s o do cument s as the R e s ponse that was 24 25 provided ?
l EVELYN BERGER ASSOCIATES. STENOTYPE REPOM1NG SERVICE. CMARLOTTE. NORTM CAROLINA
a all Direct 3 -)
1 The do cument s, the li s t s that were p r o vi d ad 2
in that R e s ponse, that has your initials by it.
Mr.
3 B ell ?
4 A
Yes, I r e <: o g ni z e the documents.
5 O
Are those the li s t s pr ovid ed ?
6 A
- Yes, sir.
7 O
Were any other lis ts pro vided or are those 8
the m ?
9 A
T hi s is it.
10 C
D e s c r ib e, if you would, g e n e r a ll y what it 11 is we have here?
That was the li s t s that were 12 pr o vid e d ?
13 A
A list of te rmin a tion s,
transfers and 14 current employ ee s at C atawba.
15 Q
The current employees at C a ta wb a,
that is 16 the c o m put e r list; correct?
17 A
Correct.
18 C
Is it a fair cha ra cte risation to say that is 19 the f o rm that A d mini st rative' Se rvic e s keeps the list 20 of e mploy ee s in the CA Department at C atawba ?
21 A
T hi s is what they p r o vid e d me.
Whether o:r 22 not it is provided for the list of A d mini s t r ative 23
- Services, I cannot say.
24 Q
The other lists are typewritten lis t s ?
25 One says transfers and one says termination s ?
EVELYN SERGER ASSOCIATES. STENOTYPE REPORTING $$RVICE. CHARLOTTE. NORTM CAROUNA
s a o11 Oirect.
43 1
A.
(The Witne s s nodded his head a f fi r m a ti v ely, )
2 Q
On the trans f e r lis t, does it tell us where 3
the e m ploye e s transferred to ?
4 A
No, sir.
5 Q
W ha t information does that t rans f e r lis t 6
haye on it ?
7 A
- Name, address and telephone number.
~
8 Excuse me, on some of the m it indicates telephone 9
numbe r.
10 Some do not have a telephone numb e r.
11 C
What does the cla s s ifi c a tio n mean, if you 12 knoy7 13 A
W ha t does the cla s sification me an ?
14 g
y..,
15 A
I don't unde r s ta nd the qu e s tion.
16 Q
W ha t is the inf ormation provided under the 17 title "cla s sifica tio ns " ?
18 A
It lists their job title.
19 C
What job title ?
8 A
I suppo se that th e y held.
21 Q
The job title they held before they were M
transferred?
4 23 A
I would a s sume.
I don't know t h e. t to be a 24 fact.
25 Q
Does it li s t the job title s held af te r they igELYN SERGER ASSOCIATES. STENOTYPE REPORTING SERVICE. CHARLOTTE, NORTH CAROUNA 1
Direct 41 Bell 1
were transf err ed ?
2 A.
N o, sir.
3' O
How about th e address and telephone numba r, 4
what address and t elephone number is li s t a d there.
5 if you know?
6 A
It appears to be home addresses.
7 O
A re those the home addresses?
Where do 8
these addresses and telephone number s come f ro m, 3
if you know, Mr.
13 e117 10 A
I don't have any idea.
11 O
You got them from A d minis trative S e rvic e s; 12 is that correct?
13 A
Right.
14 Q
W hat did you a sk them for?
15 A
I a s ked them for what the Interrogatory 16 ask3 f o r.
17 C
Did you s end the m a copy of the 18 gag,,,,g,g,77 7 19 A
I don't know; I could have taken it down an d
20 read it to them and they took notes.
I don't remember 21 whether they made a copy of it or what.
22 O
You don't know the source of the address 23 and telephone number a s it appears thero?
24 3
gg,
,g,,
25 O
And you don't know whether the cla s sific a tio n EVELYN BERGER ASSOCIATES. STENOTYPE REPORTING SERvtCE. CHARLOTTE. NORTM CAROLJNA
' irec t 42 3 o11 D
~
1 is the one h eld ~ a t Catawhs or af ter they were trans-2 ferred?
We are looking at the third list, M r.
B ell, 3
the termination list.
4 A
Yes.
5 O
What in fo r m a tion appears there?
6 A
- Name, address, telephone number, elassie 7
fi c a ti o n,
date employed, date of termination.
8 Q
All right, do you know what the add re s s 9
and telephone number appearing on there indicates ?
10 Do you know wher e tho s e addresses and telephone 11 numb e r s came from ?
12 A
It ccme from the A d mini s t ra tiv e Services:
13 I don't know where they got th e m.
14 Q
You don't know whether they are current or 15 most current known t,o Duke?
16 A
I don't know.
17 Q
Now the c la s sific a tio n, do you know what 18 the informatien is that appears under that title ?
19 A
Thera a g al n, I a m a s suming, I would a s sume 20 thos e are c l ass i fi c a ti o n s which e m pl oy e d --
21 O
You don't know?
22 A
1 don't know.
23 Q
You did not prepare th e lis t ?
24 A
Correct.
25 O
Your initials appear.
EVELYN BERGER ASAOC.ATES. STENOTYPE REPORTING SERvlC3. CHARLOTTE. NORTM CAmouMA
e l 's Direct 43 O nly because I was the one that brought 1
2 the in f o r ma tio n to legal.
3 C
Someone in the A dmini s t r a tiv e Services 4
s u p pli e d th'e information for that a n s w ea r ?
5 A
They s u p pli e d the information, yes.
6 Q
Do you know who in A d mini s t r a tive Service a 7
answered that In t e r r o g at o r y ?
8 A
I got the in fo rm ation f rom the Supervisor 9
of A dministrative Services.
10 Q
Who is that?
11 A
V ale rie S pe a rm a n.
12 C
Do you know what Mrs.
Spearman's title 13 1,7 14 A
Not e x s e tly, no.
15 Q
A ll right, sir; give me a rough idea.
16 A
She is a Supervisor in the 'ersonnel 17 S e c tio n.
18 Q
As far as you know, is she the person who is responsible in A d mini strative Se rvic e s for 19 a n s w e rin g the Inte rro gatory ?
21 A
'S h e reports to a Manager f rom A dminis tra tive 72
- Services, C.
N.
Alexander.
23 O
Is that the Mr.
Alexander we will talk to 24 g,g,,
,,7 A
T ha t 's correct.
EVELYN EERGER ASSOCLATES, STENOTYPE REPORTING SERVtCE. CMARLOTTE, NORTH CAROUNA
Olrect 44 2 011 1
Q A ll ri gh t, sir; I'll take those li s t s back.
2 T ha nk you.
Were further do cu me nt s identified as a a
r e s ult of the search that we've talked about on 4
Interrogatories 23 and 257 5
A I don't remember.
6 Q
!all let me see if I can refresh your 7
r e c oll e c tio n.
L e t 's look at the 2/28 Response 8
beginning on Page 28; and tell me whether o r not that 9
r ef re s he s. your r ec olle c tion.
10 Take a look there (indic a tin g).
11 A
The que s tio n is were further documents 12 id en tifie d ?
13 Q
What In te rr o gato rie s are you identif yin g ?
14 A
T we nty-thr e e and Twenty-five.
15 MR.
GIBSON:
He is looking at the 16 wrong one.
17 MR.
G UILD :
Turn to Page 43 I think 18 that is the end of that answer.
19 THE W IT N E S S :
Yes further document s
s I
20 were id e n tifie d.
I l
21 22 BY h' R. G UILD :
l
[
23 O
Do your initials G-H-B appear at the end i
24 o f tha t rather lengthy Besponse?
l 25 A
7as.
evetm manaan as.ociates, srswo es aerontmo senwes. cuantons. nonrw camouma l
Dirset 4;
J ail I
O A ll rig h t, sir; did you p a r ticip a t e in 2
responding to that f urthe r Roapon se to those 3
Inte rr ogatorie s ?
4 A
I forwarded the documents referenced here 5
- over, yes.
6 C
A re there other initials that appear with yours at the end of that answer?
7 8
A Yes.
9 C
What are those initials ?
10 A
D-A and M-L-C.
11 Q
h ho is D-A and M-L-C?
12 A
I don't know.
13 MR.
GUILD:
C ouns el, could you help 14 ene?
I have no idea who D-A and M-L-C are: and in the absence of this Witne s s '
15 16 knowledge--
17 MR.
GIBSON:
W e 'll put :u r.
Grier on in wha teve r tim e he comes up, as I 18 18 und e r s tand i t,
- e r.
Carr s ent you eithe r one or two A f fid a vit s at a later tim e.
20 21 g,m not c o r tain whether it was in response to this s p e cific qu e s tion or not.
-~
because the signed A f fid a vit or A f fida vit s 23 had not been received as of the time they 24 25 were fil e d.
I c an ' t represent it was or d
EVELYN SERGER ASSOCIATES. STENOTYPE REPORTING SERveCE. CMARLOTTE. NORTH CAROUNA
46 d oll ir:c:
1 was not.
2 MR.
GUILD:
I c a n 't remember either s 3
c a ri someone h el p so we can expedite this?
4 Doe s 's ome on e know who D-A and M-L-C ar e?
5 THE W IT N E S S :
I think that M-L-C is 6
Mike Child r e s s t but I' m not sure.
7 MR.
GIBSON:
We b e li e v e that D a vid 8
A be rnathy i_ s probably the D-A.
I think he 9
was involved in searching for do cu me nt s,
10 a nd M-L-C was Mike Child r e s s, who had 11 been involved in e a rli e r De po sitio n s from 12 the D e si gn E n gin e e rin g aspect.
13 14 BY M R.
GUILD:
15 Q
Do you know, Mr.
B ell, whether Mike 16 C hild r e s s and Da vid A b e r nathy pa rticipa ted in 17 R e s pondin g to that Interrogatory?
18 A
I don't know.
19 C
What is Mr.
A be rnathy's job, if you know?
20 A
I do n' t k n ow.
21 Q
Do you know Mr.
A b er na thy ?
22 3
33, 23 Q
How about M ik e Childr e s s ?
24 A
I know of hi m, I don't know what hi s job 13 EVELYN SERGER ASSOCIATES. STENOT'TPE REPORTING SERvtCE. CHARLOTTE. NORTM CAROUNA
nati Dir e c t 47 1
O You didn't work with those two 3 e n t l e m e n, 2
in the searching for these docum ent s ?
3 A
No, sir.
4 O
T ell me how these documents, the ones 5
id en ti fi e d in 29 through 43, how did tho s e document s 6
come to you, sir ?
7 A
I don't know on each one how they came.
8 It was af ter' our R e s po ns e back in looking f or f urthe r 9
documents they c ame to me, but I don't remember eac h
to
- one, how it came.
11 Q
I' m not asking you for each one.
Give me 12 a general de s c ription of what the process was and 13 what your involvement was.
14 A
As I say, we asked those persons involved 15 at Catawba if ther e were any other d oc umen ts.
16 Q
Yes?
17 A
A nd those do c u m ent s here, they forwarded 18 to us.
19 Q
To you?
20 A
They came to me eventually.
I d on't know 21 whether they were sent directly to me.
22 O
That is what I'm trying to understand.
Hew 23 did they come to you?
O nly t e ll me what you know, 24 Mr.
Eell?
25 A
I can't remember each document, how they EVELYN SERGER ASSOCIATES. ETENOTYPE REPORTING SERVICE. CMARLDTTE. NORTH CAROUNA
S ell
. _..i r a c t 48
~
1 came.
It could have been through my bos s, V/ :. y n a 2
- denry, or s traight f rom the field to me; I don't 3
r ememb er.
4 Q
W o uld your fli e s that you did not bring 5
with you refresh you r re colle c tion ?
.iould the y 6
c on tain a me mo, a cover memo, to M r.
Henry or fro m 7
M r.
Henry to
.% r.
Sell, for examplo, here are a 8
bunch of documents ?
9 A
No.
10 Q
Are you sure about that?
II A
I would have to look in my file to be I2 a b s olu t e'l y sure.
I don't think I do, no.
13 Q
D ut you don't know for sure?
14 3
3,,
,g,,
15 Q
And you didn't bring.those file memos with 16 you?
17 A
N o, sir.
18 Q
Is ycur office here in the corporate head-19 quarters of Duke Power Company ?
20 A
Yes, it is.
21
.b R.
CUILD:
C ouns el, le t's take a 22 r eces s and det Mr.
Ball to get his file.
93 MR.
GISSON:
Our ea rlie r dis cu s sion
~
24 of this stasds.
If you have further 25 que s tion s of Mr.
E e ll, ask him.
EVELYN BERGER ASSOCIATES. STENOT"PE REPORTING SERVICE. CHARLOTTE. NORTM CAROUNA
49 1
As part of our c o ntinuin g eff ort, we 2
will che ck a gain, and if thors is a d oc um e nt 3
we will make that Ih n o wn ; but as Iindicated.
4 to the best of our knowledge we have pro-5 duced everything and we will not recess to 6
get him to check those file s now.
7 M 2.
C I'I L D :
F r a nkly, you have waste d a
a good bit of ti m e,
all of our ti m e.
Mr.
9 E ell, contrary to his sworn A f. f i d a vi t,
10 suggests o r t ells us and tells the Nuclear 11 R e gula to ry C ommis sion that he an swered 12 those Interrogatories.
13 His t e s timo ny today is that he did not,
14 and o ther s, in fact, did the s ub s ta ntive 15 answering of tho s e In te r r o g a t o rie s.
16 We have to fi g u r e out *vhat kind of 17 s an c tion s will be sought because of a total ly 18 unresponsive answer.
I 19 I will ask you to h elp ball us out to 1
l 20 have this Witness get the documents we puu
(
21 him on n o tic e to get.
22 Now I am a sking that we recess this 1
D e p o s ition right now and Mr.
Bell go down 23 24 the hall and get the file s to refresh his 25 r e c oll e c ti o n so he can answer t h e.t he did EVELYN SERGER ASSOCIATES. STENOTYPE REPORTING SERvCE. CMARLOTTE. NORTM CAROUNA
50 1
not know, no twith s ta n din g that access to 1
2 doc um en t s.
~
3 MR.
GISDOM:
Mr.
C ulld, I am not 4
going to go through and respond to each a nc; 5
overy one of the statement s made in your 6
speech.
7 S e ll has indicated his role, that 8
is in c o o r dinatin g, pulling together the 9
inf o r ma tio n used in responding to these 10 Interrogatorios.
11
,shere he has not provid ed tha t infor-12 m a ti o n, he told you the individuals who 13 p r o vid e d tha t.
14 I have indicated e a rli e r based on our 15 reading of the Board's Order and your 16 N 3 tic e of De po sition.
.V r.
?. ell has pr o vid e d you with the inf ormation needed; and if wo 17 18 discover any additional document r e s po n s iv e
l 19 to tho s e requests, we will make those 20 a v alia bl e to you.
If you have some other qu e s tion s,
I 21 sug;ost fou move on.
I will not respond 22 to each and every statement in your speech, 23 24 e= cept to say we totally disagree.
25 MR.
CUILO:
You d e clin e to ask M r.
EVELYN BERGEM 41SOCIATES. STENOTYPE REPOpmMG SERV CE CHARLO1TE. NOffrH CARGu'aA
4 51 1
' ell to 3.e t the fil e s reque s ted in his Notic e
~
2 of D o po sitio n ?
3 MR.
GIGSON:
V' e have reviewed th e 4
documents, they have been made available 5
to'the extent they are re s pon sive to the 6
Interrogatories and to his N o ti c e of 7
D e po s ition as we read it, consistent with 8
the narrowin g impo s ad by the Board.
9 Now if you want us to go through the 10 charade we have been through before: that 11 is to have him go ph y s i c ally look again and 12 wa s te time that way, we will do that if 13 that i s what you are asking us to do in thi s 14 reCe35.
15 MR.
GUILD:
I a m a sking you to get 16 his fil e s as he was requested to do in his 17 N o tic e of Do po sition.
18 MR.
CIBSON:
I am s ayin g we will no t 19 ask him to get each and every d o c um e nt.
l 20 W e have produced what we b e li e v e to be 21 r e sp o n s ive to the Discovery.
22 If you wa nt us to recese and go through 23 the steps again, we will do th a t; but that 24 is at your request.
25 MR.
GUILD:
It is my request Mr.
EVELYN SERGER ASSOCIATES. STENOTY!*E REPCRTING SERVICE. CHARLOTTE. NORTM CAROLINA I
51 1
i s11 to get th e fil e s reque s ted in his Notic s 2
of D e po sition ?
M R.- CI?FON:
V' e have reviewed the 3
4 docum ent s,
they have been. made available 5
to the extent they are re spon sive to the 6
Interrogatories and to his N o ti c e of 7
D epo s ition as we read it.
consistent with 8
the narrowing impo s ed by the Board.
9 Now if you want us to go through the 10 charade we have been through before; that 11 is to have him go ph y s ic all y look again and 12 waste ti m e that way, we will do that if 13 that is what you are asking us to do in thi s 14 receas.
15 MR.
GUILD:
I a m a s king you to get 16 his fil o s as he was requested to do in his 17 N o tic e of D o po sition.
18 MR.
CIBSON:
I am s a yin g we will no t i
19 Isk him to get each and every d o c u tn e n t.
20
'" o h a v e produced what we b e li e v e to be 21 r e sp on sive to th e Discovery.
22 If you wa nt us to recess and go t h r o u,g h 23 the steps a g ain, we will do that; but that 24 is at your request.
25 h! R.
CUILD:
It is my request Mr.
EVELYN SERGER ASSOCIATES. STENGTYPE RSPORTING SERVICE. CHARLOTTE. NORTM CARouMA
31 1
' ell :s get th e filo s r eque s ted in his Notic s 2
of D a po sition ?
3 MR.
G ! 2.F O ?I:
V' 3 have r e vi e w e d the 4
do cum ent s,
they have been made available 5
to the e ::t e n t they are responsive to the 6
!sterrogatories and to his N o ti c e of 7
C apo sition as we read it, consistest with 8
the narrow nq impos ed by the Board.
8 9
Mow if you want us to go through the 10 charade we have been through befors', that 11 is to have him go ph y s ic ally look again and 12 wa ste time that wa y, we will do that if 13 that is what you are a skin g us to do in thi s 14
- e e a s 3, 15 N:R.
C t:I L D :
I a m a s king you to get 16 his fil a s as he wts rsquested to do in his 17
?' o t i c e af O,po si tio n.
18 it R.
CI3 SON:
I am s aying we will no t 19 ask him to get each and every d o c um e n t.
20
?? e have produced what we b e li e v e to be 21 r e sp o n s ive to the Discovery.
M If you want us to recess and go through 23 the steps a g ain, we will do th a t; but th at 24
!s at your request.
25 MR.
GUII D:
It is my r equ e s t Mr.
s EVELYN BERGER ASSOCIAT19. STENOTYPE REPCRTING SERVICE. CNARLOTTE. NORTM CAROUNA
32 1
Bell get the documents he was requested to 2
b rin g.
3
'iR.
G I 3 S O.M :
We will recess and go 4
to Mr.
B e ll's o f fi c e and we will r e tu rn 5
as soon as we go through the s e steps a gain 6
MR.
G UI LD :
That would be a help; 7
I would appreciate it.
8
( V! h e r e u p o n,
the D e po sition 9
adjourned at 9:51 a.m.,
and reconvenod to at 10:45 a.m )
11 MR.
CIBSON:
Mr.
Guild, as you 12 requested prior to this recess, we have 13 r eviewed the file of notes held by Mr.
14 Bell that he described; and we repeat our 15 e a r li e r po s itio n.
16 It does not reveal any items which 17 we think should be turned over to Daimetto 18 A lli a n c e consistent with th e Bo a rd's Order, 19 d e s pit e th e very broad language in your 20 N otic e of D e po sitions.
21 V'ith respect to e a rli e r comments 22 concerning Sir.
E ell's involvement in we take serious 23 ans we ring Int e rro gatorie s, 24 issue with you r d e s c ripti on that the 25 A p plic a n t s have been dishonest and su gge s':
EVELYN SERGER ASSOCIATES. STENOTYPE REPORTING SERWCE. CHARLOTTE. NORTM CAROUNA
L ell Direct 32 1
r a t h'e r than u.s c o n ti n u e to make s tate ment s 2
about th a t,
if you feel there is a level of 3
dishonesty, that you without any h e s i t a t i.o n, 4
take that to the Board and have the Board 5
resolve those issues.
6 MR.
GUILD:
.Of course, as we know, 7
the Board is not a v aila ble to review any 8
requests for s a n c tio n s ; s o we find our s elvei, 9
M r.
- Bc11, back with you, to 11 BY MR.
GUILD:
12 Q
That did you do in the last hour that we 13 have been waitin g on in r e vi e win g,
Mr.
B ell ?
14 A
I went over to my o f fi c e, pulled the 15 correspondence fil e that I maintain, and Ron and I 16 looked at documents that we had.
17 Q
Did you find any d o c um ent s in there ?
18 A
It is full of documents.
19 Q
Did you find any d o c ume nt s r e g a r di ng your p a r ti c ip a ti o n in r e s pon ding to Int e r ro g a to ri e s 23 and 20 21 257 22 A
33,
- 3ty, 23 O
None whatsoever?
24 A
There were some d ocu ment s that I provide 1
a status report to my supe rvision lis tin g th e documents 25 EVELYN BERGER ASSOCIATES. STENOTYPE REPCRTih3 SERvlCE. CMARLOTTE, NORTM CAROUNA
v-Dirset 54 3 311 I
that had been provided for 'mayb e possibly 22 and 25.
2 Q
T we nt y-th r e o and T w enty -fi ve ?
3 A
T we nt y-thr e e an d T went y-five.
4 O
Did you b rin g that document with you?
5 A
N o, sir; nothing other than the status report which you have obtained.
6 7
Q What is that status report da te d ?
8 A
I don't know.
9 Q
Did your r e vi e w of tho s e document s, 10 including the status report or other memorandum.
U refresh your r e c olle c tion concerning your involvemen3 12 in r e vie win g or searching for additional d o c ume nt s 13 beyond thos e identified in the D e c e mb e r 31st Rsspons os 14 to Interrogatorie s ?
15 A
W ould you repeat the du e s tio n ?
16 C
Yes, sir; you just r e view e d your file s; 17 c o y,,cg 7 18 A
T ha t's correct.
19 C
You spent an hour doing that a pp ro xi ma t e ly?
A I didn't look at my watch when we walked 20 91 over.
22 C
You made a thorough r evie w, didn't you?
23 A
We looked at the m.
24 C
T ho r o ughly ?
A
- Yes, sir.
EVELTN SERGER ASSOCIATES. STENOTYPE REPORTING SERVICE. CHARLOTTE. NORTH CAROUNA
ell
- irect
~~>
4 1
G On the basis of thoroughly r e vi e win g your 2
- file, has your r e c olle c tio n buon ref r a ahod in searchin g 3
for documencs b eyond tho s e identified in your initial 4
R e s pons e on C ont e ntio n S ir.: 7 5
A les.
6 Q
Having refreshed your r e c o ll e c ti o n, descrlh e 7
your inv olv e m e n t in that search for documents.
8 A
A gain.' m y inv olv e m e nt was that I c oo rdin a t ed 9
between legal and CA all those documents brought fort h 10 in c onas e tio n with In te r r og a t o rie s 23 and 23, and 11 brought them to legal.
12 Q
Your e a rlie r answer was that you could not 13 r e c all whether or not you communicated with any 14 other Duke e mplo y e e s in order to obtain f u rthe r 15 documen ts ?
16 Can you r e c all now whethe r you did or not ?
17 MR.
GI3 SON:
O bj e c tio n to the f o rm; 18 I think he in di c a t e d he could not r e c all in 19 w ri tin g.
20 I think he t e s tifi ed he did work with 21 o the r e mplo y e e s, but he could not give you oo a li s t of tho s e.
~~
23 Q
Can you answer the que s tion ?
24 A
As Mr.
Gibson said--
25
' :R.
C I 3 '! O N :
D ob, I'm obj e c tin g to EVELYN BERGER ASSOCIATES. STENOTYPE REPORTING SERVICE. CMARLOTTE. r40RTH CAROUNA
- ~ -
56 S oll Direct 1
the form not as being correct, I think he 2
was unable to id entify writin g s ; but your 3
que stion is more broad than that, your 4
paraphrase of his e a rli e r te s timony.
5 MR.
GUILD:
Can you answer the 6
que s tion ?
7 MR.
GIBSON:
He will answer it with 8
the caveat I have included or you can re-9 phra s e it.
10 11 3Y MR.
G UI L D :
Q You are under oath now.
12 13 A
When I searched my flie s I looked to see 14 if there was documented evidence where I correspond ed 15 with other people, and I did not find any of that.
16 Q
Having searched your file, did it refresh I
17 your r ecolle ction as to your involve ment ?
18 A
Yes.
19 Q
D e s crib e that involvement.
N A
I coordinated between QA and le g al the i
21 documents that were brought to me or sent to me.
22 C
Did you make an oral request for d o c u m e ~n t s ? -
1 23 A
I pe r s o nally did not make the request. I 24 talked wi t h Wayne Henry, G.
W.
G rie r, L.
R.
25 D avis on.
EVELYN SERGER ASSOC'ATES. STENOTYPE REPORTING SERVICE CHARLOTTE. NORTH CAROUNA
Direct 37 Bell 1
C A nd they did <vhatever was done?
2 A-
- Yea, air.
3 Q
A nd we are back to where we were before 4
the break.
You p ro vid e d those documents to legal?
5 A
T ha t's corrsct.
6 Q
How did they come to you?
Did you refresh 7
you r r ecolle c tion to that que s tion ?
8 A
I cannot go back and tell you each documsnt.
9 Q
Now that you have refreshed your r e c o 11 e c -
10 tion and looked at your ill e close to an hour, I don't mean document by do cum ent, sir; I want to kn ow, 11 just the qu e s tion g e n e r ally, how did these documents 12 13 come to you?
14 A
F ro m either Wayne Henry, George G rie r or i..
R.
D a vi s on, to the best of my knowledge.
15 16 O
None ca me to you from persons other than 17 those thr e e ?
18 A
Not' that I can r e me mb e r.
[
(
Q Were you re spon sible for r e vie wing those 19 documents before you paa sed them on?
20 4
l 21 A
N o, sir; I was not r e spon sible fo r reviewing 22 th e m, although most documents I road.
U Q
Only out of curiosity; it wa s n't pa rt of you r 24 r e s po n sibility ?
l A
It was not my r e s po ns ibilit y to read th em.
25 kWELYN SERGER ASSOCIATES. STENOTYPE R4 PORTING SERVICE. CHARLOTTE. NORTM CAROUNA
\\
B ell Direct 58 1
Q You just passed on the ones that came to 2
you?
3 A
T hat's correct.
4 Q
A ll right, sir; I will show you another 5
document.
This is da te d' 'M a r c h 25, and it is an 6
A pplicant's Re sponse to Palmetto Alliance F ollow Up 7
Interrogatories.
8 Do you recognise that document, sir?
9 A
- Yes, sir.
10 Q
Did you assist in preparing Responses to t
11 that Int e r r o ga to r y c o nt aine d la that doc ument ?
12 A
Yea, I did.
13 Q
A ll right, sir; which answer did you assis t
14 in preparing or have any role in preparing?
15 A
I supe rvi s ed the d o c u m e n t's f rom which
~
l 16 Number Six--
l 17 Q
Contention Number Six or Ques tion Number 18 g g,9 19 A
Que stion Number Six on C o nt e n tion Six.
20 Q
All right, sir; what page does that appecr 21 on?
22 A
On Pa ge 19.
l 23 Q
Do your initials appear at the end of that 24 response or anywhere on that document ?
t 25 A
I don't know. I have not searched that enti re l
EVELYN SERGER ASSOCIATES. STENOTTPE REPORTING SERVICE. CHARLOTTE. NORTH CARouNA I
I
Direct 59 B ell 1
document.
It does not appear behind Interrogatory 2
Six though.
l 3
c.
Your te stimony is that you did participate 4
in preparing t h a t. r e sp o n s e ?
5 A
I s u p pli e d them the inf o rma tio n f or that.
6 Q
Did your role change any with respect to 7
the ea rli e r que s tion s ?
8 A
N o, it does not.
9 Q
Same role?
10 A
Same role.
11 Q
Are t.h e r e any other answers in which you 12 had a role in that d oc um en t ?
13 A
Number Eight.
14 Q
Give me a page re fe r e nc e, if you will, M r.
15 Bell.
16 A
Page 21, it starts.
17 Q
Are you indicated as having pa r tici pa t e d in 18 responding to that Interrogatory?
Do your initials l
19 l
appear before that a r.s w e r ?
20 A
My initials do not appear; there is a G-A-H,
21 typogra phical error.
possibly a
t 22 Q
Your initials are G-H-B.
so th at is possibly 23 typographical error?
a 24 A
T ha t 's correct.
25 EVELYN SERGER ASSOCIATES. STENOTYPE REPORTING SERVICE. CHARLOTTE. NORTM C ARouMA l
.t
i Diroct 60 D oll I
c A ny o the r s ?
2 A
Number Nine.
l 3
Q Your initials appear at that answer?
4 A
No.
5 Q
Do anybody's initials appear at that answer ?
l 6
3 go, l
f 7
Q All right, sir; are there any other s ?
8 A
C onte ntio n Six was all I was involved with, 9
Q Thank you, let me see that, ple a s e.
A ll
- right, sir; Number Nine c all s for, ge ner ally s peakin g to id e n tific atio n and productio n of d o c ume nt s as d e s c rib d II on Pa8e Twenty-two of this Response g e n e r a lly relatidg 12 to the subject of Catawba Welding Ins pe c to r complainus.
I3 W elding Ins pec tor Ta sk F.o r c e ; is that right ?
I4 l
15 3
y,,,
Q What is the answe r that is set f o rth there "
is t
A "Documen ts responsive to this Interro gato ry II will be identified and made available fo r in s p e c tion I8 I8 and c o p yin g by March 31st,
'83."
Q A ll right, sir; d e s c rib e your involvement 20 l'
91 in identifying thos e document s and making the m
~
j i
22 a vail a bl e.
A If the re were any other do cu me nt s availabl e, 23 l
I was to send them ove r.
That was my involvement.
~
o4
~
25 l
Q You served simply as a courie r ?
l EVELYN SERGER ASSOCIATES. STENOTYPE REPOff71NG SERVICE. CHARLOTTE. NORTH CARouga
s Direct 61 B oll 1
A T ha t's correct.
2 Q
Were there other documents that were
~
3 identifie d ?
4 A
I don't. re call.
5 Q
Who was responsible for the sub s ta ntiv e 6
answer to Interrogatory Number Nine?
7 A'
Le gal worked out the final response.
8 Q
Who was responsible for actually id e n tif yin g 9
and producing thos e documents other than pe rf ormin g to the clerical performance that you have identified that 11 you pe rformed ?
12 A
W ould you repeat your que s tion ?
i 13 Q
- Sure, who a c tu ally did what was de s c ribe d 14 in that toeponse?
15 A
There again, it went back through our 16 management to find out if there were any other 17 documents.
18 O
Who did it?
19 A
It went back through Wayne Henry, George M
G rier and L.
R.
D avi s on down through the chain.
21 O
Do you know of any other persons who werer 22 responsible fo r answering that In t'e r r o g a t o r y ?
23 A
O th e r than those three gentlemen and legal,
24 no.
25 Q
- Now, sir, work from that que s tion ba ck.
EVELYN SERGER ASSOCIATES. STENOTYPE REPORTING SERVICE. CHARLOTTE. NORTH CAROUN4
B ell - Diroct 62 1
I want you to tell me any documents, describe any 2
documents that came to your attention, 'Mr.
B ell, 3
that were not produced in R e spons e to 't h e Int e r ro ga to rieg 4
on C o nt entio n Six that called for the p r o d uc ti on of 5
documents.
D o you f ollow me ?
6 MR.
GIUSON:
Excuse me, are you 7
limiting that que s tion as li mit e d by the 8
B oa rd 's
- Order, or are you saying broadly 9
on C o nt e n tion Six?
10 MR.
G UIL D :
Let's unde r s tand what 11 Mr.
B ell's knowledge is fi r s t, C ouns el.
12 o f d o c u m e.n t s that were identified that were 13 responsive to the Int e r ro ga to rie s as asked l
14 that were not produced.
15 MR.
GIBSON:
I will allow hi m to answer, but I will object as to anythin g 16 17 not within the Contention as it is now 18 narrowed by the Board.
1 19 THE W IT N E S S :
C an you repeat the que s tion ?
21 22 BY MR.
GUILD:
Q D e s c rib e the documents identified to you.
23 24 sir.
Iam interested in the documents that were 25 id en tifie d but not produced.
What document s came to l
.mra.
.....ociar....r.~om. awo.mmo avic.. cuaatorr.. onra c4=ou=4
n 6
Direct 63 B ell 1
your attention, Mr. Bell, in response fir s t to the 2
Interrogatory Nine and F ollow Up Interro gatorie s ?
3 A
If the documents came to me, th e y were 4
reproduced and sent to legal.
5 Q
My que stion is wh a t" d o c u m e n t's were 6
identified but not produced for Palmetto Allianc e ?
7 A
I don't know of any.
8 Q
Y ou just don't know?
9 MR.
GIBSON:
I think his response 10 was "I d on ' t know of any."
11 12 BY MR.
G UI LD :
13 Q
Is your answer there were none or that 14 you don't know of any?
15 A
There were none brought to my a tt e n tio n 16 that we r e discard ed, no.
17 Q
Speak cleare r; I think I understand your 1
18 answer, but so I don't misinterpret it, are you sayin g 19 there were no documents brought to your a t t e ntion 20 that were not made available to Palmetto Allianc e ?
21 A
T ha t's correct.
22 O
Now let's go back, a n t! I would like to ask 23 the same gene ral que stion with respect to the other 24 Interrogatorier that we have talked about that 25 id e n ti fie d documents.
I EvstvN acRoan associaTas. sTENOTTPE REPOKMNO SERVICE. CMARLOTTM. NORTH CAROUNA l
3 o,1 1 Direct 66 1
L e t 's turn to I show you again the 2
February 28 R e s po'n s e there be ginnin g at Page 29, 3
w hi c h is a Response to Int e r ro gato rie s 23 and
- 2. 5,
4 Mr.
Bell.
5 It e x t s n' d s through Page 43.
T ell me, air o 6
are there any documents made known to you but to 7
your kn o wle d g e were not produced for in s pe c tion by 8
Palme tto Allia nc e ?
9 MR.
GIBSON:
Are you s a yi ng other 10 than what is lis t e d there as objected to ?
11 I am t r yin g to understand the s.c o p e of m
12 your qu e s tion, Mr.
G uild.
13 MR.
GUILD:
I will repeat it, if you 14 would li k e.
The que s tion is in the same 15 fashion as the way he answered the fi r s t 16 Interrogatory, are there any d oc um ent s l
l 17 i d e n ti fi e d to you, M r.
3 ell, that w e r'e not i
18 produced for ins pe c tio n a' n d copying by l
19 Palme tto Allia nc e ?
20 THE W IT N E S S :
No.
l l
21 l
GY MR.
G UI L D :
23 Q
Now, sir, I show you the D e c e mb er 31st 24
- answer, and if you will direct your a t t e n tion to the M
answer to In te r r o g a t orie s 23 and 25 that appear at EVELYN MERGER ASSOCIATES. STENOTYPE REPORTING SERVICE. CMARLOTTE. NORTM CARGLifwA
o d oll Diroct 63 1
Page 41
,o r thereabouts, and if you would answer the 2
same qu e s tion, Mr.
B ell ?
3 A
No.
4 C
All right, sir; thank you.
How long have 5
you been in your present p o s ition w i t h D u k e P o w ~e r,
6 M r.
O ell ?
7 A
As a Senior QA S pe cialis t.
I have been 8
since la s t November; but I am s till in the s a me job 9
I have been in since June of 1980, 10 Q
A side f rom your role in t ran s mit ting docu-11
- ments, have you had any in volv e m e nt in the s o - callect 12 C atawba Welding Inspector incident s ?
13
.1 No, sir.
14 C
Have you performed any f u nc tio n in 15 in v e s tig atin g d eficie ncie s in C u ali t y Assurance at 16 C atawha ?
17 A
No, sir.
18 Q
Who do you work for, Mr.
D ell ?
19 A
I report dir ec tly to T.
C.
R obe r ta,
who 20 in turn re po rt s to O.
Henry.
21 Q
What is M r.
Roberts' job?
22 A
CA Supervisor, Design S e c tio n.
23 C
W ha t did you do before you were a QA 24 S pe cialia t ?
25 A
I worked in the Guality A s suranc e Vendor EVELYN SERGER ASSOCIATES. STENoTYPE REPORTING SERVICE. CHARLOTTE. NORTH CAROUNA
e a
Direct 65 u ell
'l Division e valuatin g vendors.
2 C
Before that?
3' A
I worked in Retail O p e r a tio n s.
4 O
Before that?
5 A
I worked with Strobel Oil C o m p a n y.
6 Q
W hen did you join Duke Power Company?
7 A
- February, 1971.
8 Q.
Have you ever worked at the Catawba 9
S ta tio n ?
10 A
No.
11 O
Where are the documents thst you have 12, Jd entified and produc ed in Response to Palmetto 13 A lli a n c e Inte r ro ga to rie s and R e s pon s e s on Contention 14 31x now maintained ?
15 A
They are over here on this cart 16 (indicating).
17 Q
They are in this room today ?
18 A
y,,,
l 19 Q
Where are they maintained other than for 1
20 purposes of this D e po sition ?
Where are they kept ?
21 A
I possibly have a copy of e v e r ythin g that 22 came over here in my of fic e.
23 Q
The s p e cifi c set of co pie s th a t are here 24 to da y, where are they no rm ally kept?
25 A
Dif f e r ent lo c a tio n s.
EVELYN BENGEA ASSOCIATES. STENOTYPE REPORTING SERVICE CMAEILOTTE NORTN CAROUNA l
r --
s e
D oll Direct 67 P
1 Q
Vhere will chsy be returned afte.r today's 2
D e po sition ?
% he re did the cart come f rom and where 3
is it going back to ?
4 A
in Ron Gibson's of fic e.
h'a va a b o u t two minute s 5
C a ll right, sir; let me 6
hers.
Li t.
- TJell, I am interested, at s ome point, in 7
g e t tin g a cisa r idea c.;, f who reports to whom and how 8
the Q u a lit y a s su ranc e Department and Program for 8
Duke Power Company as it relates to Duke Power is 10 organized.
II You wo rk with the Quality Assurance Depar t.
19 ment; do you sot?
~
I3 A
T ha t's correct.
I4 Q
Are you f a milia r with the o r g a ni c a tio nal 15 structure in the G u ali t y in s a u r a n c e Department ?
16 3
7,,,
17 C
I want to go very quic kly through the list 18 of peopts who have been n o tifie d for th e t a kin g of I9 their D e po si tio n s ; and I would li k e, if you can, to tr y oo to help me unde r s ta nd who is in this structure.
21 MR.
GIDSON:
Mr.
- Guild, I object I
on because I think this is basic Di=covery and 93 not co n te m pla t e d by the Board's Order.
~
94 I will e.11 o w hi m to answer, b ut we 25 have noted our obj ec tio n.
EbELYN SERGER ASSOCIATES. STENOTYPE REPORTING SERvlCE. CHARLOTTE. NORTH CAROUNA e
c B oll Diroct 68 1
MR.* GUILD:
A ll right, 2
3 BY MR.
GUILD:
4 Q
T hi s was the. schedule prepare.d by your 5
C oun s el or someone else.
T ell' me who reports to 6
whom and how the department is structured.
7 You are fir s t on the list, and you have 8
told me who you report to.
Next on the li s t is whom ?
9 A
G ail A d di s.
10 Q
Does Miss A ddis work in the Q u a li t y 11 Assurance Department?
12 A
N o.
13 Q
W ho is af ter her on the li s t ?
14 A
J.
C.
Rogers.
15 Q
Is he the former Project Manager at 16 C atawba ?
17 A
He is the Project Manager at C atawb a.
18 Q
Pre s ently ?
i l
19 A
Right.
1 l
20 j
Q A nd next?
l 21 A
D.
G.
Beam.
22 Q
Former Proj ec t Mana ge r at Catawba ?
23 A
Yee.
i l
~
24 Q
Next?
l D
A David A be rnathy.
EVELYN SERGER ASSOCIATES.16TENOTYPE REPorrtNG SERvtCE, CHARLOTTE. NORTM CAROUNA
., - -, - ~. _,,. -
T e
Diroot 69 C ell 1,
O Who is he?
2 A
I don't know him, he doe s n't work in the 3
QA Department.
4 Q
Next to hi m is a name that han been 5
scratched out.
6 A
G.
E.
Gordon.
I think: I don't know him 7
p e r s o nally.
I think he works in C on s t ruc tion.
8 Q
Next on the li s t ?
9 A
C.
N.
Alexander.
s 10 Q
Who is he?
11 A
QA Manager of A d minis tr ative S e rvic e s,
12 He reports to G.
W.
G ri e r.
13 Q
W ho is Mr. Grie r ?
14 A
C o r po r a t e.QA Mana ger.
15 Q
Next on the list ?
16 A
R.
L.
Dick.
17 O
M r.
Dick works in Quality A s sur anc e ?
18 A
No, sir.
19 Q
la he in C on s t ru ction ?
M A
- Yes, sir.
21 Q
Vice Pr e sident ?
22 A
y...
M Q
Next on the lis t ?
24 A
W.
O.
- Henry, QA Mana ger, T e chnic al 3
S e r vic e s : reports to G.
W.
G rie r.
EVELYN SERGER AWA.IATUS. STSNOTYPE REPORTING SERVICE. CHARLOTTE. NORTM CAROLINA l
1
Direct 70 a all 1
O He and Mr. Alexander are on the same leve l
~
on the organizational chart, if we we re to chart their 2
3 reporting, both di r e c tly 'un d e r M r.
G ri e r ?
4 A
- Yes, s i'r.
l 5
Q
'Next on the li s t ?
6 A
A.
E.
Allum.
I don't know who he reports 7
to.
He is Site P e r s onnel.
8 O
Is he in the Quality A s s uranc e D epar tment ?
9 A
I think he is, yes.
10 Q
He works at Catawba ?
11 A
Yes.
12 O
He is in charge of per so nn el at the site ?
13 A
I cannot tell you his job.
14 O
He does some work in the personnel area 15 of Quality A ssurance at the site ?
16 A
1 don't know, sir.
17 Q
C.
R.
B ald win, who is he?
18 A
1 don't know his job ti tl e.
19 Q
Is he in the Quality Asrurance D e pa r tment l
N as far as you know?
21 A
Yes.
I i.
22 Q
Next?
l 23 A
L.
R D a vi s on.
i I
24 O
Who is Mr. Davison?
25 A
CA Manager of P roj a ct.
.mv....
noci.1....r.~onn===~o n ac.. c~4=m. ~oam ciaou~a I
~
B oll Diroct 71 1
o who doe s he report to ?
2 A
He re po rt s to G.
W.
G rie r.
3 Q
A ll right, if we we re.goin g to ' chart him 4
o r g anisa ti on ally, would he be on the same o r ga ni-5 sational level as Mr.
Henry and M r.
Alexander ?
6 A
(The Witne s s nodded his head a f fi r ma tiv ely.
)
7 Q
Y ou r answer was Mr.
D a vi s o n is on the 8
same level a s M r.
Henry and. Alexander, reporting to 9
Mr.
G rier ?
10 A
T hat 's right.
11 Q
A nd next?
12 3
y,,
g,g,,,
13 Q
C or po ra te Quality A s suranc e Manager ?
14 A
C o r r e c t.
15 Q
C on tinue.
16 A
J.
C.
Shropshire, he works in the Q ua lit y 17 Assurance Department also.
18 Q
W ha t is his job?
19 A
I don't know his exact titie.
8 O
Is he at C a tawba S ta tion ?
9~1 A
Yes.
Q Next on the list?
23 A
W.
H.
B r adle y.
94 Q
Who is Mr.
B ra dle y ?
~
25 3
g, m not sure of his exact title, he re po rt s EveLYN BERGER ASSOCIATES. BTENOTYPE REPORTING SERVICE. CHARLOTTE. NORTM CAROUNA
3 o11 D i r 'o c t 72 i~
I to Mr.
G.
W.
G ri g r' a l s o.
2 O
W ha t does he do if you don't know his 3
ei gg. 7 4
A He was formerly the QA M anager of 5
A d mini s t r a tiv e S e r vi c e s,
but I think he is Staff with 6
M r.
C ri a r.
7 Q
An assistant to M r.
G rie r perhaps?
8 A
I don't know his exact job title.
9 Q
Next ?
10 A
W.
H.
Owen.
11 Q
What is M r.
Owen's job ?
12 A
Senior Executive Vice Pre sid e n t.
13 Q
Not for Quality A s suranc e, he is not in th e 14 QA Department ?
15 A
No.
16 O
N e.i t on the li s t ?
17 A
R.
A.
M o rg an.
18 Q
W ho is Mr.
M or ga n ?
19 A
Senior QA E n gin ee r, C a tawb a site.
20 Q
Who would M r.
Morgan report to, if you 21 know?
U A
He re po rt s t o L.
R.
D avis on.
93
~
Q A ll right, sir; next?
4 A
W.
S.
Lee.
Q M r.
Lee is C h *l rma n of Duke Powar?
EVE (TM EERGER ASSOCIATES. STENOTYPE REPORTING SERWCE. CHARLOTTE. NORTM CAROUNA
2 6
D oll Direct.
C r os s 73 1
A Yes.
~
2 Q
Who is the Senior QA person at the C a' t a w b a 3
. site, if you.know ?
4 A
L..
R.
D avis on.
5 Q
Is Mr.
D a vi s o n pr e s e n tly responsible for 6
work othe r than at the C at awba site?
7 A
I don't know his s pe cific r e s po n s ibili ti e s.
8 MR.
GUILD:
A ll right, Mr.
Eell; 9.
thank you very much.
That is all the 10 qu e s tion s I have.
11 MR.
GIBSON:
I have one qu e sti o n, 12 Mr.
Bell.
13 14 CROSS E X A MIN A TIO N 15 BY MR.
GIBSON:
16 Q
Are you aware of a nythin g that would caus o 17 you concern, that wo uld cause you to que stion whethe r
18 the C atawba Plant is safely bu ilt ?
l l
19 A
N o, sir.
20 MR.
GIBSON:
A nyt hing further, Mr.
21 Guild ?
22 MR.
G UILD :
That is all for Mr.
B ell 23 at this tim e.
We are reserving our rights l
24 under the disputed que s tion s that we have.
25 EVELYN SERGER ASSOCIATES, STENOTYPE REPORTING SERVICE. CHARLOTTE. NORTM CAROUNA
74 1
I, Glenn H.
- Bell, he reby certif y that 2
I
- h. re read and understand'the f o re goin g trans c ript 3
and beleve it to be a true, accurate and complete 4
transcript of my testimony.
5 6
7 Glenn H.
B ell 8
9 This D e po s itio n was signed in my 10 presence by Glenn H.
Bell on the day of July, 11 j
'1983.
12 13
^
14 Notary P u blic 15 C E R T I T I C A T E l
17 STATE OF NORTH C AR O LIN A 1
18 COUNTY OF M EC K LE N BU RG 19 1
Lynn 3 G illia m, do hereby c e rtif y 20 that the proceedings were by me reduced to machine 21 s ho rtha nd in the presence of the Witne s s, af t e r wa rd s 22 transcribed upon a typewriter under my dir ec tio n 23 and that the foregoing is a true and correct transcript l
24 of the proceedings.
25 I further c e r tif y that these proceedia:Is l
l evatva sanoen assocarcs. stauorven nerontmo senvics. cx*=torra. uontw caaouun l.-
~,.,
75 I
were 't a k e n at the time and pla c e in the foregoing 2
c a p tio n s p e cifie d.
3 I further certify that I am not a 4
r ela ti ve.
C oun s el or Attorney for either Party or 5
othe r wis e interested in the outcome of this a c ti on.
6 IN. WIT NES S WHEREOF. I have here-7 unto set rn y hand at C ha rlo tt e, North C a r olina, on 8
this the
. day of July, 1983.
9
~
10 11 LYNN D.
GIL LIA M 12 Court Reporter r
13 14 15 16 17 18 19 20 21 22 23 24 My C o m mi s s io n ex pire s May 12 1988.
25 EVELYN SERGER ASSOCIATES. STENOTYPE REPORTING SERV 1CE. CHARLOTTE. NORTM CAROUNA