ML20112G004

Affidavit of Kp Richardson Re Review of Allegations by Rd Parks Filed W/Dept of Labor Against Bechtel

ML20112G004
Person / Time
Site:	Three Mile Island
Issue date:	11/09/1984
From:	Richardson K GENERAL PUBLIC UTILITIES CORP., THELEN, MARRIN, JOHNSON & BRIDGES
To:
Shared Package
ML20112F999	List: ML20112F995 ML20112G004
References
NUDOCS 8501160143
Download: ML20112G004 (9)

Text

_ _ _ _ _ _ - - _ _ _ _ _

0

%+ ' h , .- % ,

COUNTY OF ALAMEDA, )

) ss STATE OF CALIFORNIA )

AFFIDAVIT OF KENNEDY P. RICHARDSON I, Kennedy P. Richardson, being duly sworn under. oath, do depose and state: 3

1. I am a member of the law firm of Thelen, Marrin, Johnson & Bridges headquartered in San Francisco, California.

My firm represented Bechtel North American Power Corporation (hereinafter "Bechtel") in the administrative action filed by

, Richard D. Parks before the United States Department of Labor against Bechtel under section 201 of-the Energy Reorganization Act,-42 U.S.C. section 5851, which action was captioned In re Richard D. Parks v. Bechtel Northern American Power Corporation (Case No. 83-ERA-8). In his complaint, Mr. Pa ks alleged that Bechtel threatened or took adverse employment actions against Jhim because of his having-voiced technical objections or=

J -questions in cont.ection with his employment by Bechtel as a start-up and test engineer at Three Mile Island ("TMI").

2-1 k

$h?0 F ~ .PDR

, . . . s

2. Along with my partners William F. Hoefs and Philip R. Placier, I was primarily responsible for investigating Mr. Parks' allegations. Our assignment was to interview all available witnesses, review all relevant docu-ments, analyze the assembled facts and report to senior Bechtel management so that a determination could be made.whether there was merit to Mr. Parks' allegations. The timing and extent of our investigation will be generally desc- oed in the remainder of this affidavit. The description Yihich follows is based on my personal review of our files relating to our investigation ,

of Mr. Parks' allegations and our attorney time records.

3. Our investigation commenced shortly after Mr.

Parks publicly announced his allegations at a press conference -

on March 23, 1983. Mr. Hoefs, alone or jointly with Mr.

Placier or myself, interviewed the following witnesses during the time period of March 29, 1983 to April 12, 1983: Bahman y Kanga, Director of TMI-2; James Thiesing, Manager of Recovery Programs; Andy Wheeler, Chief Start-up Engineer for the '

Gaithersburg Division of Bechtel Power Corporation; Edward Kitler, Start-up and Test Supervisor: Joseph Chwastyk, acting Site Operations Director; C. W. Sandford, Deputy. Division I Manager, Gaithersburg Division; Richard Gallagher, au nineer in the Site Engineering Group; Mark Kobi, an engineer in the Reactor Disassembly and Defueling Group; and Blaine Ballard,

Manager of TMI-Quality Assurance Modifications / Operations.

Except for Messrs. Sandford and Wheeler, who were interviewed at-Bechtel's Gaithersburg offices, all of the foregoing interviews were conducted at TMI. And except for one follow-up

' interview conducted over the telephone, all of the interviews were in person. .

4. Mr. Placier personally interviewed Lee Hoffman, a Bechtel internal auditor, in San Francisco on April 14, 1983.

5. The foregoing interviews were in addition to preliminary meetings which Messrs. Hoefs, Placier and I had ,

with various project engineers and managers in late March and early April, 1983, concerning the history and technical background of Mr. Parks' allegations. - -

6. During the period of April 18 to June 21, 1983, I

~

conducted initial or further interviews of the following witnesses: Bahman Kanga; Ronald Freemerman, Deputy Manager, Recovery Programs; Tom Morris, an engineer in the Site Engineering Group; Robert Rider, Manager, Design Engineering in *

~

Gaithersburg;-Dwight Walker, an engineer in the Site Engineer ing Group; Charles Hansen, Recovery Programs Regulator Coordinator;' Richard Gallagher: Robert Metzger, Manager, Reactor Disassembly and Defueling; Edward Kitler; James z

Thiesing; Mike Radbill, an engineer-in the Recovery Operations Group; David Lake, Manager, Recovery Operations; Mark Kobi; m . .. .

_ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ . _ _ . _ _ _ _ _ _ _ _ _. _ _ . _ _ _ _ _ _ _ _ ________________________J

Herbert Bruner, Manager of Project Operations, Domestic, LGaithersburg Division; Larry Santee, Manager, Program Controls;

, Rick Jackson, an engineer in the Design Engineering Group; C..W. Sandford; Joseph Buell, a Gaithersburg procurement y supervisor; Darrell Blizzard,-a Gaithersburg procurement representative; George Kunder, Manager, Safety Review Group; Joseph Chwastyk; Bubba Marshall, an engineer in the Site Operations Department; Richard Jubin, a Bechtel engineer working at a Florida project: Rose Rittle.Pavalonis, a secretary in the Site Engineering Group; Blaine Ballard; Joe ,

, Marsden, a Quality Assurance Engineer; John Fornicola, a

. Quality Assurance Engineer; and Gordon Clements, Senior Engineer with United Engineers and Construction. All of these -

g. interviews were conducted in person, except for the interviews

~

of Messrs. Kunder and Jubin which were by telephone. And all' '

-of.the face to face interviews were conducted at TMI except for those of Mess,rs. Sandford and Buell which took place at Bechtel's Gaithersburg offices.

I

7. Some of the interviews listed in the preceding paragraph were conducted in conjunction with the independent investigation undertaken by Edward Stier:on behalf of GPU Nuclear. corporation ("GPUN"). In these instances, I participated in the interviews of the witnesses with Mr.'Stier.

or one of his associates.- These joint interviews were in l '

\

addition to separate interviews which I had previously conducted of the witnesses.

8. Although we requested an opportunity to interview Mr. Parks concerning his allegations, Mr. Parks ultimately declined the interview. Instead, Mr. Parks acceded to an interview by GPUN's investigator, Edward Stier,.in which Mr.

Placier was only permitted to observe and take notes. (This interview was never completed because Mr. Parks refused to continue the interview beyond the first session, which took place on May 10, 1983.)

s-

9. Apart from the aborted interview of Mr. Parks which was tape recorded by Mr. Stier with Mr. Parks' consent, none of the witnesses interviewed by Messrs. Hoefs, Placier or -

I were asked to sign written statements or affidavits.

Consistent with our normal practice, we prepared typewritten and handwritten memoranda and notes of the interviews which memorialized ,the relevant substance of the interviews.

10. In addition to interviewing witnesses, Messrs.

}

Hoefs, Pl" acier, and I examined a large number of documents during the late March to June, 1983 time period. These documents were gathered and evaluated with the assistance of project personnel. The documents fell within the following Primary categories: correspondence to and from Mr. Parks; minutes of project group meetings; engineering and

. - - - ~ ..__. _ _. _ .

administrative documents relating to the polar crane test program and other projects in which Mr. Parks was engaged or which he criticized; transcripts of Mr. Parks' public statements; Mr. Parks' personnel file; the investigative notes and memoranda of non-legal personnel relating to Mr. Parks' involvement with Quiltec, Inc., and the depositi.ons and statements obtained by GPUN from the persons who Mr. Parks alleged were the sources of the " mystery man" allegations in his Department of Labor complaint. l

11. On the basis of our contemporaneous time records, I estimate that Messrs. Hoefs and Placier and I spent well in excess of three hundred hours in conducting the investigative activities described in the preceding paragraphs. Substantial -

additional time was spent by our defense team in other trial preparation activities.

12. I participated in and am familiar with the written report concerning Mr. Parks' allegations which Bechtel submitted to GPUN on or about October 11, 1984. Because of

• time cons'traints, references were made in the report to the 1 deposition testimony obtained in the investigation conducted by Edward Stier. All of the significant facts established by the referenced deposition transcripts were already well known to

-the Thelen, Marrin attorneys as a result of our own investiga-tion which began before and continued into the early phases of 7

Mr. Stier's investigation. In preparing the aforementioned report, it was more efficient to cite the existing deposition transcripts rather than prepare affidavits for all the witnesses. Insofar as pertinent factual matters were not covered by the Stier depositions, we obtained affidavits from the witnesses in question to establish facts which we had initially ascertained during our earlier investigation.

(Rather than base the report on our 1983 interview memoranda and notes, we concluded that it was more appropriate to rely on deposition transcripts or affidavits which the. #witnesses themselves had affirmed under oath.)

The foregoing is within my personal knowledge. If called as.a witness, I can and will competently testify to.the

• same.

/

/A e .r= , s K(nniedy P. Richardson -

STalTE OFHA WAII '

> ss:

, County ofKauai On this -- 1O _dayof hO A.D.19W, before me personally appeared twdn h. .Atkotk%

7

. to me known to be the person -- described in and who executed g instrument and the for acknowledged that -

executed the same as - Y% free act and .

deed.

My commisssion expires U \,N U um W . hwd

&tary Mlie, Fifth Judicial Cir< uit, State ofHaeunil

.~

• TnIELEN. MAM3tN. tJOHNSON & BMIDGED ATTORNEYS At LAW A E

' 8],s Two EMB ARC ADERO CENTER NEwpo fWCA H. C A 92e00

1. 2us e2i-ooOO SAN FR ANCISCO. CA 94HI s7:4,esee2OO TELEM so-4e79 CABLE THEMAN LSA 94151 392*6320 -

TELECO8HER 82138 423-4742 ALMAOm e m WANO TELEM 34-090s C ASLE THEMAN

, - e O ..E . . . .., . 2.- ,0. . *':0:::;.

' O.sE K AsSER PLAZ A -

$UITE teSO e3OO TEMAS A.eERIC AN GANn SLOG OAaLAseO CA 94482 HOUSTON. TEM AS 77002

,ma'0"*.'O'.O.. """

December 26, 1984 VIA FEDERAL EXPRESS Mr. Phillip R. Clark President GPU Nuclear Corporation 100 Interpace Parkway Parsippany, New Jersey 07054 '

Dear Mr. Clark:

On November 9, 1984, I signed an affidavit concerning the timing and extent of the investigation conducted by this firm in 1983 with respect to the

-complaint which Richard J. Parks filed with the Department of Labor under section 210 of the Energy Reorganization Act against our client Bechtel North American Power Corporation. I am writing to clarify paragraph 7 of that affidavit which refers to interviews which were conducted in'Edwin Stier's investigation and in which I participated. Since the interviews in question were of Bechtel employees, Mr. Stier arranged the interviews through me as Bechtel's attorney. For the sake of economy and convenience I chose to coordinate the interviews with the informational needs of my own investigation. There

was no collaboration between Mr. Stier and myself with respect to the scope of these joint interviews or the

r w; e M 4 4 Mr. Phillip R. Clark December. 18,11984 Page Two-

-use of the information obtained from the interviews. My role:of representing Bechtel's interests in these interviews-was entirely separate'and divorced from Mr.

Stier's investigation over which I had no direct or indirect control.

I also wish'to note that this same paragraph

.contains an error with respect-to Mr. Stier's name. His Ifirst name is Edwin;-not Edward.

I trust the foregoing will dispell any erroneous interpretations of the paragraph in question.

3 Very t ul yours-ennedy P. Richardson

' STATE OF CALIFORNIA )

) SS.

COUNTY OF ALAMEDA _)

Subscribed to-and sworn before me, Rosalie D.Hegarty , the undersigned Notary.

December Public,:on this the 26 = day of , 1984, by a Kennedy.P. Richardson who personally appeared before me, and' proved to me_on the basis of' satisfactory evidence that he is the person whose name is subscribed to the within-instrument,"and acknowledged that he' executed'it.

WITNESS my hand and official seal.

DC$A > Y Notarys Signature L/ktti U /

A05AUE 0. HEGARTY. -

WWP

@ %wedesmygg,3gIB' h coum,seue C4Nonnut L .-