ML20135H839

Direct Testimony of Cj Overton Re Undercover Drug Operation at Facility.Related Correspondence

ML20135H839
Person / Time
Site:	Harris
Issue date:	09/23/1985
From:	Overton C NORTH CAROLINA, STATE OF
To:
Shared Package
ML20135H824	List: ML20135H823 ML20135H832 ML20135H837 ML20135H839 ML20135H840
References
OL, NUDOCS 8509240284
Download: ML20135H839 (6)

Text

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'!S$Mc UNITED STATES OF AMERICA '85 saa p3 470 d4 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOAkb#

gETrnG s, S5py ,[ C# SECR BRANCu" In the Matter of CAROLINA POWER & LIGHT COMPANY )

and NORTH CAROLINA EASTERN )

MUNICIPAL POWBR AGENCY ) Docke t No . 50-400 OL

)

(Shearon Harris Nuclear )

Power Plant) )

DIRECT TESTIMONY OF C. J. OVERTON, III.

1 ' O. Please state your name and business address.

2 A. My name is C. J. Over ton , III.and my 3 business address in 3320 Old Garner 4 Road,- Post Of fice Box 29500, Raleigh 5 North Carolina, 27626-0500.

6 Q. -What is your present position?

7 A. I am employed by the North Carolina 8 State Bureau of Investigation, De par tmen t 9 of Justice (SBI) as-a Supervising Agent.

10 0 -How long have you been in that position?

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- 1 A. Approximately eight years.

2 0 Nbuld you briefly summarize your law 3 enforcement experience?

4 A. I have been with the SBI approximately 5 fif teen years, almost all of which has 6 been in drug investigations. In my 7 capacity as an SBI agent, I have 8 supervised two state-wide task forces 9 aimed at drug smugglers and clandestine 10 lab operators. I have personally been 11 in charge of two inter-agency narcotic 12 squads. I have worked extensively as

, 13 an undercover agent and have directed 14 numerous undercover operations.

15 Currently, I supervise for the SBI 16 sixty drug agents throughout the s ta te .

l 17 Q. Turning your attention to the undercover 18 drug operation at Carolina Power & Light 19 Company's (CP&L) Shearon Harris nuclear H2O power plant conducted by the SBI and the 21 Wake County Sherif f's Department (WCSD);

22 did you attend a meeting on October 17, 23 1984 at the request of the WCSD?

24 A. Yes. Also attending the meeting were Agent 25 S. L. Burch o f the SBI, Sherif f John Baker 26 and Major T. Lanier of the WCSD, 27 and Mike King and Glen Joyner of CP&L.

1 Q. What took place at this meeting?

2 A. Mike King stated that CP&L had discovered

, 3 a substantial drug problem at the Harris 4 plant. It was my understanding that 5 CP&L was getting pressure from the 6 NRC to remedy the situation.

7 King stated that they needed to look 8 into the problem and to do some thing .

! 9 King further requested assistance from the 10 WCSD by the placement of an undercover

~

11 agent inside the plant.

12 Sheriff Baker had requested that 1

13 I attend the meeting. He stated that 14 he did not have an experienced 15 undercover agent available and he 16 reouested that the SBI also assign 17 an undercover agent to the operation. I 18 informed Sherif f Baker that I would 19 comply with his request.

20 During the meeting, there was 21 discussion concerning drug purchases 22 and the identity of drug users. King 23 stated that any employee identified as 24 using drugs would be fired at the 25 end of the operation.

4_

1 Q. Did you attend a second meeting 2 during the undercover operation at the 3 request of the Sherif f's Department?

4 A. Yes. Also attending this meeting were 5 Sheriff Baker, Major Lanier and 6 Lieutenant Self of the WCSD; and 7 Mike King of CP&L.

8 0 Wha t took place at this meeting?

9 A. There was discussion concerning the 10 movement o f the undercover opera tion 11 to the second shif t. Also, I in fo rmed 12 King that I was making arrangements to 13 replace the SBI. undercover agent with 14 another agent in an attempt to make some 15 more drug buys.

16 Sheriff Baker stated that he had been 17 informed that CP&L was going to bring drug 18 dogs into the plant and that CP&L planned a 19 major lay-o f f o f employees. These two factors 20 could cause problems with the operation. King 21 stated that he had no choice with the drug 22 dogs because CP&L was under a contract to use 23 them. Both Sherif f Baker and I expressed 24 concern over the use of the drug dogs to 25 King. We believed that the operation 26 could be more successful by changing s

1 shifts and by bringing in a second agent.

. 2 However, bringing drug dogs in to the i i

3 plant would severely hamper the undercover 4 o pera t ion . Again King responded that there 5 was nothing that he could do.

6 Sheriff Baker stated tha t he was no t go ing 7 to leave his agent inside the plant if the 8 drug dogs were used by CP&L. Sheriff Baker 9 asked me what the SBI would do and I agreed 10 that the use of the drug dogs was an unnecessary 11 risk to the undercover agents that I. was not 12 willing to take . Therefore, we began talking 13 to King about the plan to make arrests at 14 the plant.

15 O. Who made the decision to terminate the i

16 undercover operation?

17 A. I did and Sherif f Baker did.

18 0 Why was it terminated?

19 A. The operation ended because of CP&L's l

20 insistence ~ on the use of the drug dogs 21 over the objections. of the SBI and the .WCSD.

! 22 0 . In your opinion , had CP&L brought drug dogs 1

23 on site during the undercover operation, would 24 it have endangered the undercover agents?

25 A. Ye s . There wa,s a distinct ' possibility and i

1 the risk was too grea t. In addition , CP&L 2 gave no valid reason for the use o f the drug 3 dogs at this stage o f the operation .

4 O. In your opinion was the termina tion o f the 5 undercover operation premature?

6 A. Yes. It never got a chance to get started.

7 It would not be unusual for an operation of 8 this nature to have lasted for six mon ths .

9 0 In your opinion, was the operation a success?

10 A. No , no t from the SRI's standpo int .

11 O. Does this complete your direct te st imon y?

12 A. Yes.