ML20198J707
| ML20198J707 | |
| Person / Time | |
|---|---|
| Site: | Braidwood  |
| Issue date: | 01/28/1986 |
| From: | Hunter R BESTCO, INC. |
| To: | |
| References | |
| CON-#286-360 OL, NUDOCS 8606030186 | |
| Download: ML20198J707 (74) | |
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UNITED STATES OF AMERICA
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NUCLEAR REGULATORY COMMISSION 7
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BEFORE THE ATOMIC SAFETY & LICENSING BOAR j 77 Q Mtvic7j.!?a a
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6 In the matter of:
Docket Nos. 50-456 7
COMMONWEALTH EDISON COMPANY 50-457 8
[Braidwood Nuclear Power Station, 9
Units 1 and 2) 10
- - - - - - - - - - - - - - - - - -x 11 Braidwood Nuclear Power Station 12 Division Street, Route 53 lJ 13 Braceville, Illinois 14 Tuesday, January 28, 1986 15 16 Deposition of:
R.
DOYNE HUNTER 17 called for examination by Counsel for the Applicant, 18 Commonwealth Edison, pursuant to notice, taken before Garrett 19 J. Walsh, a Notary Public in and for the Commonwealth of 20 21 ANN RILEY & ASSOCIATES, LTD.
22 1625 I Street, N.W.
293-3950 Washington, D.C.
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e606030186 86012e 0
PDR ADOCK 050004S6 1
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Virginia, when were present on behalf of the respective 2
parties:
3 4
APPEARANCES:
5 For the Licensee Commonwealth Edison Company 6
ELENA Z. KEZELIS, ESQ.
7 Isham, Lincoln & Beale 8
Three First National Plaza 9
Chicago, Illinois 60602 10 11 For the Intervenors BPI, et al.:
s 1
12 ROBERT GUILD, ESQ.
(
13 109 North
Dearborn,
Suite 1300 14 Chicago, Illinois 60602 15 16 Also Present:
17 G. GIESEKER 18 19 20 21 22
!O
3 1
C0NTENTS
()
2 3
Witness:
Examination by:
Page:
4 R.
DOYNE HUNTER Ms. Kazelis 4
5 6
7 8
EXHIBTS Page:
9 Exhibit No. 2:
12 10 Memorandum on Comstock letterhead, dated 11 April 15, 1985 R. D. Hunter File from I.
- DeWald, 12
Subject:
Verbal Warning
-13 14 Exhibit No. 3:
20 15 Attachment B to Braidwood Prehearing 16 Conference Order, dated August 1, 1985, entitled 17 "QC Inspector Harassment Contention."
18 regarding cross-training.
19 20 21 22 O
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--,.-,--.m
4 1
PROCEEDINGS 2
(1:50 p.m.]
3 Whereupon, 4
R. DOYNE HUNTER 5
was called as a witness and, having been first duly sworn, was 6
examined and testified as follows:
7 EXAMINATION 8
BY MS. KEZELIS:
9 Q
Would you state your name, please, and spell it for 10 the record?
11 A
Robert Doyne Hunter.
12 Q
And that's H-u-n-t-e-r?
}
13 A
Right.
14 MR. GUILD:
I'm sorry. I missed your middle name, 15 Mr. Hunter.
i6 WITNESS:
Doyne, D-o-y-n-e.
17 MR. GUILD:
Thank you.
18 BY MS. KEZELIS:
19 Q
Mr. Hunter, my name is Elena Kezelis.
I am one of 20 the attorneys for commonwealth Edison Company, the Applicant 21 in the Braidwood licensing proceeding.
22 I am going to be asking you a number of questions.
O
5 1
A You are going to have to speak a little bit
()
2 louder. I am hard of hearing in this ear --
3 Q
Okay.
4 A
-- and especially in my right ear.
I can probably 5
hear this young man.
6 Q
Mr. Hunter, I was explaining to you who I am and who 7
I represent.
8 A
That's true.
9 Q
Have you ever given a deposition before?
10 A
Yes.
11 Q
All right. So you understand that you have to answer 12 yes or no --
13 A
Yes.
14 Q
-- rather than nodding or shaking your head?
15 A
Right.
16 Q
All right. If at any time you don't understand a 17 question I ask you, or if you don't hear me, please let me 18 know and I will repeat it.
Okay.
19 All right.
Can you tell me your residence address, 20 please?
21 A
My residence address?
22 Q
Yes, sir.
I i
i lO V
l l
6 1
A Yes.
228, I believe it's Borger down here at
()
2 Braceville.
Borger, I believe it is.
3 REPORTER:
What was that, please, sir?
4 WITNESS:
228 Borger, I believe it is, at 5
Braceville.
6 MR. GUILD:
How do you spell the name of that 7
street, Mr. Hunter?
8 WITNESS:
B-o-r-g-e-r, I believe it is.
9 BY MS. KEZELIS:
10 Q
And, when were you born, sir?
11 A
1931.
12 Q
Okay. By whom are you employed?
A Right now by BESTCO.
)
13 14 Q
Okay.
And in what capacity are you employed?
15 A
As a QC Level 2 inspector.
16 Q
Okay.
How long have you been employed by BESTCO in 17 that capacity?
l 18 A
I believe BESTCO come on this job July the 23rd, if 19 I'm not mistaken.
l 20 Q
Of 19 --
21 A
'85.
22 Q
Thank you.
And prior to that time, by whom were you l
l O
7 1
employed?
O 2
A Comstock Engineering, Incorporated.
3 Q
Okay.
And in what capacity were you employed?
4 A
As a Level 2 weld inspector.
1 5
Q And how long had you been with Comstock Engineering?
6 A
Since October the 31st, 1983.
7 Q
And when you became employed by Comstock on October 8
31st, 1983 were you then employed as a Level 2?
I 9
A Yes.
10 Q
Where were you employed prior to that-time?
11 A
Project Construction Corporation at Evanston, 4
12 Wyoming.
()
13 Q
And how long were you there?
1 j
14 A
Approximately thirteen months if I'm not mistaken.
l 15 Thirteen months.
16 Q
Okay. Mr. Hunter, I'm handing to you what has been 17 identified as Hunter Deposition Exhibit Number 1 and ask you 18 if you have seen a copy of that document before?
19 The record can reflect that that is a subpoena 20 directed to Mr. Hunter which reflects that he was served on 21 November 29th, 1985.
1 22 A
Yes, I've seen this.
O f
~
8
~
1 Q
All right. And were you served on that date, 2
Mr. Hunter, with a copy of that subpoena?
3 A-I believe it was on the 29th.
4 Q
All right.
Now, let ne direct your atten ion to'the 5
last page of this exhibib,'which'is a schedule of doedments to 6
be produced at the deposition.
7 A
Yes.
8 Q
Do you have any documents i'n your possession which 9
are responsive to that request?
10 A
I have them but they are in my room.
11 Q
Where is your room?
12 A
Braceville.
13 Q
Okay.
What I may ask you'to do, Mr. Hunter, is when 14 we break at the end of your deposition today is ask you to go 15 and get them, if you can, and bring them back or make 16 arrangements for them to be made available to me.
17 Can you tell me what th*4 documents are' if you 18 recall?
19 A
Not right offhand.
20 Q
Okay.
Let's just take them very briefly one by 21 ene.
Do you recall whetherfyou have any documents relating to 22 your employment by L. K. Comstock at Braidwood?
l
9 1
A Yes, I do.
)
2 Q
All right. And those may be documents in your room?
3 A
Yes.
4 Q
Do you know whether you have any documents relating 5
to discussion or correspondence involving Braidwood and BPI or 6
Business and Professional People for the Public Interest?
7 A
I have a letter or two, yes.
8 Q
All right.
Do you recall from whom those letters 9
are?
10 A
No, I don't offhand.
11 Q
Okay. Do you have anything from BPI other than a 12 letter or two?
(-
13 A
No, that's all.
14 Q
Do you recall when you received those letters?
1,5 A
Probably in November '85.
16 Q
Do you have any documents in your possession 17 relating to claims of harassment, intimidation, retaliation or 18 discrimination by any Comstock supervisor?
19 A
only one letter.
20 Q
All right.
And what is the nature of that letter?
21 A
It was put in my file -- the date I can't recall --
22 but said that I was observed reading a newspaper on Company O
10 1
time.
)
~2 Q
Was it an employee warning perhaps?
3 A
Yes.
4 Q
All right. We will come back to that in just a 5
minute.
6 A
All right.
i 7
Q Do you have any. documents in your possession at your 8
temporary residence, or your permanent residence, regarding 9
claims of inadequate quality or safety concerns?
10 A
None.
11 Q
Other than the letter or two that you have from BPI, 12 have you ever received any other documents from BPI?
13 A
No.
4 14 Q
Have you ever spoken by telephone since you received 15 this subpoena to a man by the name of Mr. Bob Guild?
16 A
Not that I know of.
17 Q
Okay. Have you ever spoken to a man by the name of j
18 Doug Cassel from BPI?
l.
19 A
I spoke to one fellow.
And, like I say, I can't I.
20 recall his name.
I 21 Q
All right.
It could be Doug Cassel?
22 A
It could be.
l O
I N
11 1
Q Could it be Tim Wright?
l 2
A' It doesn't seem like Wright.
1 3
Q Okay.
4 A
I have that down in my file at home, but I don't 5
know who it is offhand.
t 6-Q Okay.
Did you take notes of that telephone 7
conversation?
8 A
No more than normal.
9 Q
Okay.
And you have that as well --
10 A
Yes.
-11 Q
-- in your possession?
12 A
Yes.
13 Q
All right.
Do you recall what this person said to 14 you or what you said to that person on the phone?
^
15 A
Very few words were exchanged.
He just told me that 16 there would be a deposition hearing at the plant site.
I 17 believe at that time it would have been in December.
18 Q
Okay.
That's the date that your deposition was 19 first set for?
20 A
Yes.
21 Q
Is that correct?
22 A
Right.
I l
l l
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12 1
Q Do you recall how long this conversation lasted?
2 A
Probably a minute and a half or two minutes.
3 Q
Okay.
Do you recall anything that you said to that 4
person on the telephone?
5 A'
Not offhand, no.
6 Q
Okay.
Do you recall the general subject matter of 7
what was discussed by you?
8 A
By myself?
None.
i 9
MS. KEZELIS:
Let's have this marked for 10 identification as Hunter Deposition Exhibit Number 2.
i-11 For the record, that is a document with stamp number 12
-- I can't read it but the last four numbers are 1717.
And
()
13 it's a memorandum on Comstock' Engineering letterhead, dated i
14 April 15th, 1985 to R. D. Hunter File from I. DeWald, 15
Subject:
Verbal Warning.
'16 (The document is marked as 17 Hunter Deposition Exhibit 18 Number 2 for identification.]
19 BY MS. KEZELIS:
20 Q
Mr. Hunter, I'm going to ask you to take a look at 21' that a21d tell me whether that is the letter that you mentioned 22 to me that you have in your possession at home?
O
d 13 1
A That is.
(
2 Q
All right.
Now, when I asked you about that you 3
testified that that was a document in response to Item Number 4
3 on the schedule of documents to be produced by you.
5 Is that correct?
6 A
I believe that is correct.
7 Q
All right.
Let me ask you about the events which 8
appear to be reflected in this Deposition Exhibit Number 2.
9 It states that you were observed reading the 10 newspaper some time I suppose in April of 1985; is that 11 correct?
12 A
That's correct.
13 Q
All right.
Were you, in fact, reading a newspaper 14 some time in April of 1985 and were you observed doing so?
15 A
I'm sure I was.
16 Q
Okay.
Did Mr. DeWald speak to you about that?
17 A
No, I wasn't called in until a day later.
18 Q
All right.
And who called you in?
19 A
Irv called me in.
20 Q
And what did Mr. DeWald say to you then?
3.
21 A
Well, he just said that, you know, was setting a bad 22 example and asked me what I was doing and I said I was O
,...a_
14 I
standing at the table reading the paper when the young man,
. ()
2 Mr. Tony Simbley, walked by.
He asked me, did Tony say 3
anything and I said:
No, he didn't.
4 So one thing led to another, and I think Mr. DeWald 5
knows that I am always here early to read my paper.
I do read 6
a paper everyday.
And I told him, I said:
I was only waiting 7
for a fellow to go to the next elevation, 463, or whatever it 8
was.
9 Q
And did Mr. DeWald say anything else to you about 10 that?
11 A
No, not really.
I 12 Q
Did you say anything else to him about it?
}
13 A
Oh, yes.
14 Q
What else did you say to him?
15 A
I informed him that he probably seen me when I come 16 in every morning, that I'm usually sitting at my desk or my area reading my newspaper.
And he said yes, he realized that 17 18 I always got there an hour early to read my paper and 19 everything.
I j
20 And I told him, I said:
Irv, now if I wanted to i
_21 kill time I could kill time out here.
I don't smoke, I don't l
22 fool around a lot of time or anything like that.
O
~.. _ -
15 1
I said:
I can kill time as well as the next fellow O
2 if that's what you want me to do.
Oh, no, no.
So that was 3
pretty well the end of it.
4 Q
All right.
Did you ever talk to Mr. Simbley about 5
that?
6 A
No, not too much.
7 Q
Okay. Can you tell me what Mr. Simbley's position 8
was at that time?
9 A
Yes, he was a Level 3 weld inspector.
10 Q
Did you ever make any reference to him about that 11 event or not?
12 A
No.
()
13 Q
Did he ever say anything about it to you?
14 A
No.
15 Q
Has Mr. DeWald ever brought it up again?
16 A
No.
17 Q
Did you feel harassed or intimidated because of that 18 memo?
l 19 A
Well, when I was talking to Irv I probably did tell l
20 him that if the man was going to be a man he would have come 1
21 and told me, hey, we don't read newspapers or something like 1
1 22 that.
This was during our conversation when Mr. Simbley was O
l t
i l
16 1
sitting at the table like, across the table from us.
2 And I made it known to him that I realized 3
Mr. Simbley was my boss or my supervisor, but if he was going 4
to be a supervisor I wanted him to be a supervisor and not go 5
behind my back and do something.
6 Q
Do you know whether Mr. Simbley was aware of your 7
practice of coming in an hour early to read your newspaper?
8 A
No, I have no idea.
9 Q
So, it may very well be that he did not know that at 10 that time?
11 A
It could have been.
12 Q
Okay.
Is that the only warning or memorandum of --
13 A
As far as --
14 Q
-- that type that you've ever received at Comstock?
15 A
As far as I know, yes.
16 Q
Is it a general practice when something is put in 17 written form, so far as you know, that the employee also gets 18 a copy of it, or is shown it, if you know?
19 A
Not that I know of.
I'm not the only one that had a 20 letter in their file and they didn't know about it.
)
21 Q
When did you receive this --
22 A
I didn't receive --
- O
17 1
Q
-- what has been marked as an exhibit?
I)
L
\\--
2 A
I didn't receive this until I got the package from 3
4 MR. GUILD:
Mr. Guild.
5 WITNESS:
Yes.
I don't know what -- November-6 probably, wasn't it?
November of '85.
7 BY MS.,KEZELIS:
8 Q
So, you received what has been marked for 9
identification as Exhibit 2 from Mr. Guild or Mr. Cassel --
10 A
'That's the first I knowed about it.
That's the 11 first I had seen it.
12 Q
Okay.
()
~
13 A
It was in the package of material that they pulled.
14 Q
Was there more than just a couple of pieces of 15 correspondence in Deposition Exhibit Number 2 that BPI had 16 sent to you in this package?
17 A
I wouldn't say how many sheets.
Probably a dozen 18 sheets altogether of different things.
19 Q
Did you keep all of the --
20 A
Yes, I have it all.
21 MS. KEZELIS:
All right.
In the event that 22 something may come up that would prevent me from otherwise O
18 1
obtaining that material, Mr. Guild, I'm asking you officially
- [q_j 2
to produce to me anything that BPI has that will reflect a 3
copy of whatever was sent to Mr. Hunter.
4 MR. GUILD:
It was just whatever the Company 5
produced in discovery that was from Mr. Hunter's file.
6 MS. KEZELIS:
All right.
7 MR. GUILD:
It's whatever the Company already has.
8 MS. KEZELIS:
Well, I'm still asking you to provide 9
me with a copy of what you sent to Mr. Hunter together with 10 any correspondence to him.
11 I don't think we have that in our files.
12 BY MS. KEZELIS:
13 Q
All right.
I identified a few people from BPI and 14 asked you, Mr. Hunter, whether you had ever spoken to any of 15 them, either by telephone or perhaps in person.
16 Have you ever spoken to a woman by the name of 17 Bea Gomez who is from BPI that you know?
18 A
In a phone conversation?
j 19 Q
Yes.
l 20 A
Not that I know of.
21 Q
Okay.
22 A
Not that I know of.
O l
l
19
^
1 Q
Okay.
How about in person?
2 A
No.
3 Q
Okay.
How about a woman by the name of Billie Garde 4
from GAP?
5 A
Not that I know of.
6 Q
Okay.
Have you ever heard of that woman?
7 A
I've heard of Billie.
8 Q
All right. And you've heard of GAP before?
9 A
I think so, yes.
10 Q
Okay.
Can you tell me the circumstances in which 11 you've heard of her or of GAP?
12 A
Probably in one of the letters that I received from 13 14 Q
From BPI?
15 A
Right.
16 Q
Okay.
And that's part of what you have back in your 17 room?
18 A
Right.
19 Q
Okay.
Have you heard of Billie Garde or GAP in any 20 context that you can recall other than perhaps some 21 correspondence from BPI?
22 A
only in the newspaper or something like that.
O
n 20 1
Q Okay.
The Chicago Tribune or Joliet newspaper, O)
\\m, 2
something like that?
3 A
I read The Tribune every morning.
4 MS. KEZELIS:
I would like this marked for 5
identification as Hunter Deposition Exhibit Number 3.
6 And I will state for the record that it is a copy of 7
Attachment B to Braidwood Prehearing Conference Order, dated 8
August lat, 1985, and it's entitled "QC Inspector Harassment
.9 Contention."
10 (The document is marked as Hunter 11 Deposition Exhibit Number 3 for 12 identification.]
13 BY MS. KEZELIS:
)
14 Q
And, Mr. Hunter, I will ask you to take a look at 15 this document and tell me whether you have ever seen it or a 16 copy of something similar to it before?
17 (The witness is looking at the document.]
18 A
I've seen a copy someplace.
19 Q
Okay. Do you recall when you saw a copy of it?
20 A
Not offhand, I don't.
21 Q
Okay. Do you recall who may have provided you with a 22 copy of it?
O
21 1
A I don't think I had a copy of my own.
If I did
()
I'm not for sure that I had one.
2 3
Q okay.
4 A
Unless this is in that package, and I don't -- it 5
may be in that package.
6 Q
Okay.
So, you have read this document before?
7 A
I have read it, yes.
8 Q
okay. All right, sir.
okay.
We will come back to 9
this momentarily.
10 In what areas are you certified as a Level 2 11 inspector, Mr. Hunter?
12 A
Receipts and welding.
13 Q
That's material receipts --
14 A
Yes.
15 Q
-- in welding?
16 A
Yes.
17 Q
okay.
Can you tell me when you became certified in l
18 material receipts, if you recall?
i 19 A
Probably in December of '84.
20 Q
And can --
21 A
It might have been sooner.
I wouldn't swear to 22 that.
O
22 1
Q Okay.
And can you tell me, if you recall, when you o
(k /)
2 became certified as a Level 2 QC inspector in welding?
3 A
Yes.
I'm sure it was in November or early December 4
of
'83.
5 Q
Shortly after you began your employment on the --
6 A
Right.
7 Q
-- site for Comstock?
8 A
Right.
9 Q
Okay.
Let me return to -- oh, to whom do you report 10 directly currently?
11 A
You mean my --
12 Q
Who is your immediate supervisor?
( )
13 A
You mean my lead?
14 Q
Your lead supervisor?
15 A
Well, my lead right now is a boy by the name of 16 Brian Murphy.
j 17 Q
And who was your lead prior to Mr. Murphy?
18 A
Larry Perryman, I guess.
19 Q
Larry --
20 A
Larry Perryman.
P-e-r-r-y-m-a-n.
21 Q
Okay.
And do you recall who might have been your 22 lead prior to Mr. Perryman?
23 1
A Probably Mike Mustard.
2 Q
And caa you recall who may have been your lead prior 3
to that time?
4 A
Yeah.
Let's see, when I was working pans, it must 5
have been Mike Blake.
Mike's in charge of --
6 Q
And was Mike Blake your first lead after you were 7
certified?
8 A
No.
I'm sure that Mark Klachkal was my first lead I
9 back in
'83.
A Cjb 10 Q
Is that K-1-a-c-h-k-a-l?
11 A
I believe it is.
12 Q
Okay.
When you became certified in material 13 receipts in December or towards the and of the year of 1984, 14 did the amount of inar.tions that you performed in welding 15 change or the percentage switch at all in light of your 16 additional certification?
17 A
I would say no.
The only really -- the only 18 inspection that welder receipts do is material that comes into 19 the warehouse --
20 Q
Uh-huh.
21 A
-- and you might work down there in the warehouse 22 one or two days a week, you know, and stuff like that.
Other O
,_c,__,_-_-
s 24 1
than that, why, it wasn't more than anything else.
2 Q
Okay.
And are you in the process of attempting 3
currently to achieve any additional certifications in any 4
areas?
5 A
Do what, ma'am?
6 Q
I'm sorry.
Are you in the process of attempting to 7
receive any additional certifications --
8 A
I'm in no training whatsoever.
9 Q
Okay.
Is that by your choice, sir?
10 A
No.
11 Q
All right.
Can you explain to me the reasons, if 12 you know them, why you are not currently in any training?
13 A
All right.
Let's go back almost two years.
A 14 little deal come up about configuration.
Okay.
I had a 15 hanger on Containment One that didn't meet all the criteria so 16 everybody was using it to do their --
17 Q
Training?
18 A
No, to do their field in-process tests, you know.
19 MR. GUILD:
Practical.
20 WITNESS:
Practical, right.
Thank you.
- Anyway, 21 when I got ready to do my practical, I went out and did my 22 practical and they said Hey, you didn't have -- about a week O
25 1
before this -- and I had been working a different area.
But 2
about a week before this, they decided that the fellows were 3
not to do his practicals that had a supervisor with him.
4 BY MS. KEZELIS:
5 Q
Yes.
6 A
So, they wouldn't count my practical.
I had already 7
took all my training, took all my tests and everything like 8
that.
9 And I said:
If you don't have any more faith in my 10 integrity than this, just forget it.
11 So they forgot it.
12 Q
And you have made no efforts to take another 13 practical --
14 A
No.
15 Q
-- in order to achieve a certification in 16 configurations?
17 A
No.
No, I haven't.
le Q
Are you aware of whether or not at around that time 19 period Comstock procedures may have changed to require the 20 presence of a supervisor during a practical?
21 A
I wasn't aware of it when I took my practical.
I 22 wasn't aware of it when I took my test.
O
26 1
Q Okay..Do you know what comstock procedures are
(
2 2
today regarding practicals in the presence of supervisors or 3
not?
4 A
I believe some different certifications, they do
?
5 require you to have a supervisor with you.
6 Q
Okay.
But you weren't aware of that requirement --
i t
7 A
On that date, no.
8 Q
-- at that time?
l 9
A No.
i 10 Q
And did somebody advise you to go out into the field 11 and do your practical on a particular date?
l 12 A
Oh, yes.
i Q
Who was it?
)
13 14 A
I don't remember.
But I was told:
Hey, why don't 15 you do your practical?
So I went out and did my practical.
r 16 Q
Okay.
I 17 A
They said:
Did you have a supervisor with you?
And i
18 I said:
No, I didn't have a supervisor with me.
19 Q
Have you complained to anybody about this?
i 20 A
Oh, yes.
There's some menos and they will be l
21 produced when I bring the package in --
t 22 Q
Okay.
1
.!O i
27 1
A
-- showing that I had asked for additional training O
\\s,/
2 in different certs.
3 Q
And since that time --
4 A
oh, yes.
5 Q
-- you have asked for additional training?
6 A
Yes.
7 Q
And to whom have your requests been directed?
8 A
Most of them, well, everything from Bob Marino on 9
down to Irv DeWald.
10 Q
And has there been any response to your requests?
11 A
Yes.
I have one or two memos signed.
At the time 12 that the project guy was on they couldn't spara the manpower
(
}
13 to let me train in some other cert.
14 Q
okay. And do you recall how long ago that was?
15 A
Probably a year ago.
It might even have been 16 eighteen months.
17 Q
okay.
Have you made any requests since that time?
18 A
No.
19 Q
okay.
Have you talked to anybody else about it?
20 A
Yes, I've talked to Irv a time or two about it.
21 Q
okay.
And what did Mr. DeWald say to you?
22 A
We are going to get straightened out just as quick i
!O l
1
28 1
1 as we get some more people on the job.
(
2 Q
And how long ago did he say that to you?
I 3
A Probably a year.
4
)
4 Q
Okay.
Have you ever reminded him --
5 A
No, I haven't.
i 1
6 Q
Is it because you haven't bothered to remind him of 4
7 it, or is there some other reason why you haven't brought it i
8 up again?
I j
9 A
No, no reason.
No reason.
10 Q
All right.
Let's return now to Hunter Deposition 11 Exhibit Number 3 for identification and please take a few 12 moments, Mr. Hunter, to review that, if you will.
13 (The witness is looking at the document.)
2 14 A
Okay.
15 Q
Mr. Hunter, you have had an opportunity to look at 16 what has been marked as Hunter Exhibit Number 3 for 17 identification?
18 A
Yes.
I I
19 Q
All right.
Do you ever recall speaking to Mr. Guild 20 or Mr. Cassel about either that document or the substance of 21 what that document says?
22 A
No, I don't believe the substance was ever brought i
lO i
I.
4
--.w--,--..,
m.,.
e-+-emer
,,-y-------,w--,,
-.wm-g,ww,,,-m.,
,,-,m,ww,,-s--~rw-w_
m-
29 1
up --
2 Q
Okay.
3 A
-- whoever I talked to.
I don't know the man.
4 Q
okay. Whoever it may have been.
Somebody from BPI?
5 A
Right.
6 Q
Okay. Do you recall discussing that document itself?
7 A
No, not to any length or anything, no.
8 Q
Can you be at all specific about what you do recall 9
your conversation or conversations may have been with BPI 10 about that document?
11 A
The only thing, I might have been asked, did I know 12 Mr. Worley Puckett and --
13 Q
okay.
And what --
14 A
-- I said:
Yes, I knowed Mr. Worley Puckett.
15 Q
okay.
And you knew Mr. Puckett while he was 16 employed for the three months or so in 1984 by Comstock?
17 A
Right.
18 Q
And did you know him on a social basis, or did you 19 know him because you may have worked with him?
20 A
No.
This is the first time I ever run across 21 Mr. Worley Puckett.
22 Q
okay.
And what was the nature of your dealings with O
30 1
Mr. Puckett?
2 A
What was the what?
3 Q
What was the nature of your dealings with 4
Mr. Puckett?
5 A
Well, he come in as a Level 3 to check the 6
certifications for weld inspectors and the procedures that 7
they were welding with here on the job site.
8 Q
Okay. Do you know for a fact whether he was 9
certified as a Level 3 by Comstock?
10 A
No.
I do not know that he was ever certified as a 11 Level 3, no.
12 Q
okay.
Did he ever have cause to examine your work 13 while he was employed here or to discuss your work with you?
14 A
No.
15 Q
Did you ever have cause to discuss with him comstock 16 welding procedures?
17 A
No more than normal day-to-day, no.
18 Q
Okay.
19 A
Procedure talk.
20 Q
okay.
Were those in the nature of your asking him 21 questions or him asking you questions about Comstock 22 procedures?
31 1
A Usually I was asking him about certain procedures.
2 Q
Okay.
And was he generally able to give you 3
answers?
4 A
Yes.
5' Q
Okay.
All right, I believe you just told me that 6
Mr. Puckett was the only item in Exhibit Number 3 that you may 7
have discussed with Mr. Guild and Mr. Cassel; is that correct?
8 A
Yes.
9 Q
All right.
You do not recall discussing Mr. Seeders 10 at all with Mr. Cassel --
t 11 A
No.
12 Q
-- or with Mr. Guild?
i
(
}
13 A
No.
14 Q
All right. Do you recall discussing the visit by 15 twenty or so Comstock QC inspectors to the resident NRC 16 inspector in March of 19857 17 A
No substance conversation at all.
i l
18 Q
Okay.
Did you confirm with Mr. Guild or Mr. Cassel 19 by telephone that you were --
20 A
Yes.
21 Q
-- one of the inspectors who visited with --
22 A
Yes, yes.
I'm sure I did.
I'm sure I did.
l.
32 1
Q Okay.
And do you recall what you told whoever at 2
BPI about your visit to the NRC?
3 A
I'm sure I did.
4 Q
Okay.
And what did you tell them about your visit?
5 A
I just said that there are a few people in 6
management or supervision that actually used a form of 7
harassment to, maybe not right out and say, you know, but it 8
was harassment, period.
9 Q
Okay.
What does the word " harassment" mean to you, 10 Mr. Hunter?
11 A
Harassment means something that they are trying to 12 get to you.
In othar words, I don't know what Webster is
(
13 going to say, but harassment is something that they are trying 14 to put over on you or trying to make you do things that under 15 ordinary circumstances you wouldn't do.
l 16 Q
And what does the word " intimidation" mean to you?
17 A
Intimidation is -- a form of intimidation is almost 18 a threat.
In other words, if you don't do this, why, we will 19 do that.
20 Q
Did you feel that you were harassed or intimidated 21 by Comstock supervisors, as you just used those terms?
22 A
As far as I would allow myself to be.
O
33 1
Q And what do you mean when you say that?
()
2 A
Do what, ma'am?
3 Q
What do you mean when you say that, as far as you 4
would allow yourself to be?
5 A
Well, you -- if you will notice in this, they said 6
they would give you special projects or duties that they 7
didn't want you to have.
8 If you will read right there.
9 Q
I've got a copy.
10 A
That was some of the things that I put up with.
11 Q
In other words, are you saying that you were i
12 assigned special projects or were asked to perform burdensome 13 tasks?
14 A
That's true.
15 Q
All right.
Were you asked, in your opinion, to do 16 those because of any expressions that you may have made of 17 quality or safety concerns?
4 18 A
No, I wouldn't say that.
19 Q
Can you tell me which Comstock f:upervisors assigned 20 you special projects or burdensome tasks?
21 A
Well, before Saklak left -- that's R. M. Saklak --
22 some of that went on.
I l
34 1
Q Are you'saying that Mr. Saklak assigned you to do O
2 special --
3 A
Yes.
4 Q
-- projects?
5 A
Yes.
6 Q
Okay.
Can you identify for me what those projects 7
were?
8 A
Areas to work in.
9 Q
And which areas might those be?
10 A
463.
11 Q
And can you tell me what 463 is?
12 A
That's where it's hard for an old fat man to get
()
13 around.
14 (Laughter.]
15 MS. KEZELIS:
Well, I would like the record to 16 reflect that I don't think you are all that much of either, 17 Mr. Hunter.
18 BY MS. KEZELIS:
t 19 Q
What precisely is 4637 20 A
Do what, ma'am?
21 Q
What precisely is 463?
22 A
That is the area above the control room where most O
fb r g ra 1
all of the -- what is it called, shredder room --
()
2 MR. GUILD:
The upper cable spreading room.
3 WITNESS:
Yeah, upper cable spreading room is what 4
it is, yeah.
5 BY MS. KEZELIS:
6 Q
Okay. Mr. Saklak asked you to perform some work in 7
the cable spreading room?
8 A
Yes.
Well, I mean, naturally everyone works there 9
but --
10 Q
So you weren't the only one who was asked to perform 11 some work in that area?
12 A
Oh, no, no.
s i
13 Q
Okay.
Did you feel that Mr. Saklak was picking you 14 out particularly to work in that area?
f 15 A
Well, I wouldn't say it was particularly but --
16 Q
Me asked you to do some work there?
17 A
Yes.
18 Q
All right.
Did you tell him tnat you didn't wish to 19 work in the area?
20 A
Oh, no, no.
I've never turned down a job anyplace.
21 Q
Okay.
Did you feel that Mr. Saklak was assigning 22 you work there for some reason of his own?
,....-.v..
36 1
~
A No, I wouldn't say that it was even for a reason of bd 2
,his own, but he probably thought it was a lot of fun to see a 3
fat man climb the ladder.
4 (Laughter.]
5 Q
Is that the only area that Comstock had you work in 6
that required you to climb ladders?
7 A
Oh, no, no.
8 Q
Okay.
Is that the only area to which you have ever
-9
.been assigned that requires you to climb ladders?
10 A
Oh, no.
1've worked the whola plant.
11 Q
Okay. 'Did you ever complain tio anybody about 12' working in area --
13 A
No.
I --
14 Q
-- 463?
15 A
No.
I made no complaints.
That was just --
16.
Q Okay.
Did Mk. Saklak assign you with any other 17 burdensome or other special project which you did not feel you 18 should have been assigned to?.
19 A
No.
l 20 Q
Okay.
Did you consider the work that you were doing 21 there menial or special or unnecessary in any regard?
22 A
No.
It was necessary.
O V
~
o.
37 1
Q Okay.
And how long did you work in that area?
2 A
Probably for six months.
3 Q
And during that six months' period, you were not the 4
only Comstock QC --
5 A
Oh, no.
6 Q
-- inspector working there, were you?
7 A
Oh, no.
No, no.
8 Q
Could you tell me, do you recall who else was 9
working in that area?
10 A
ch, probably Danny Holley, Vince Wickham.
Let's see 11 who all worked up there with mr.
Vince Wickham, Danny Holley, 21 vs3 4 12 Danny /6smoss.
13 Inese are weld inspectors I'm talking about now.
U 14 Q
Okay.
And do you recall approximately when that six 15 month period was?
16 A
Yes.
It was approximately March or April of '84 17 through to November probably of '84.
18 Q
Okay.
Did any of those other individuals complain 19 to you about working in that area?
20 A
Well, no one likes to work that area.
I will be 21 honest with you.
No one likes to work the area, which is just 22 one of those things you have to do.
O
38 1
Q Are there other areas in the plant that nobody likes
)
2 to work in?
3 A
Well, I would say no more than normal, no.
4 Q
Okay.
It's more along the lines of, it's a job that 5
has to be done and --
6 A
Right.
7 Q
-- somebody has to do it?
8 A
Right.
9 Q
Okay.
That's a fair characterization?
10 A
Right.
11 Q
Okay.
Let's turn back to Exhibit Number 3 for 12 identification.
13 Mr. Hunter, are you aware of any pressure ever 14 having been placed on you to approve deficient work by any 15 Comstock supervisor?
16 A
No.
I have never had a supervisor come up and say:
17 Hey, we've got to get this approved.
18 I've never had that happen to me.
19 Q
Okay.
Have you ever heard of that ever happening to 20 anybody?
y.o a 21 A
Well, yes, it's happened.
22 Q
All right.
And who was the supervisor involved, if O
39 1
you recall?
2 A
Well, Mr. Saklak was bad about that, but he's gone, l
3 of course.
i 4
Q Okay.
Are you perhaps speaking of the Rick 5
Snyder/Saklak incident?
6 A
Right. That was one of them.
7 Q
You said that was one of them.
Are you aware of any 8
others?
9 A
Just a moment.
I wouldn't say that they actually 10 put it to you:
Let's accept this inspection; or, let's don't 11 accept this inspection.
12 But what they do, I'll be honest with you, they will 13 let you look at this when you review it. If you don't accept 14 it, well maybe they will take it down to the next inspector 15 and let him look at it and see if he will buy it.
In other 16 words, it may make three or four stops before they either get 17 it bought or don't get it bought.
18 Q
Okay.
Before we continue with this, Mr. Hunter, I 19 would like the record to reflect that you are reviewing some 20 notes in a little notebook.
i 21 And I would like to ask you, are those your personal l
22-notes?
l l
40 1
A These are my notes, yes, that I just jotted down.
2 I'm looking for something here.
3 Q
okay.
Can you tell me when you made those notes?
4 A
These were made -- this little booklet just was used 5
yesterday and today.
So they are actually just new notes, 6
some of the things that you just got through asking me on, I 7
thought I had.
8 Q
Are these notes based on conversations you may have 9
had with other Comstock QC inspectors?
10 A
Do what, ma'am?
11 Q
Are the notes that you are looking at based on 12 conversations with other Comstock QC inspectors?
13 A
No.
These are notes that I worked on, the things 14 that I'm doing right today as far as inspection.
15 And you asked me whether anyone put any pressure on 16 me to accept anything or reject anything.
17 Q
Okay.
And are those notes that you are holding, are 18 they notes that you make yourself everyday about what you have 19 to --
4 20 A
Right.
21 Q
-- do that day?
22 A
What I'm doing.
O
-y
1 '
41 4
1 Q
Okay.
Sort of a personal' diary?
(
2 A
Up'until six months ago, I could have told you 3
everything I did each and every day because I had it wrote 4
down in a log.
I throwed the log away six months ago whenever 5
we -- whenever I left Comstock Engineering and went to 6
BESTCO I destroyed all my notes.
7 Q
As of July 1985?
t 8
A Right.
I had everything that I had ever did on this 9
job, up until that day.
10 Q
Okay.
And did you also record those notes, 11 conversations that you had with other inspectors about working 12
.at Comstock?
13 A
Certain things, yes.
14 Q
Okay.
For example, was the Saklak/Snyder incident l
15 reflected in those notes?
16 A
It was in there, in the notes.
17 Q
okay.
When did you destroy those notes?
18 A
On July the 23rd or whenever I become an employee of 19 BESTCO.
20 Q
Okay. And how did you destroy them, by throwing them 21 away?
22 A
Yes, they were shredded.
O
42 1
Q Do you know whether anybody has any copies of those 2
notes?
l 3
A No, no copies made whatsoever.
4 Q
Okay.
Do you recall ever showing those notes to 5
anybody?
6 A
Some others -- some people -- some other inspectors 7
have read my notes, yes.
8 Q
Okay.
Can you tell me who they are?
9 A
Oh, yes.
Even some of management, Irv DeWald, Larry 10 Seese, all of them has read my notes besides regular 11 inspectors.
12 Q
Okay.
Which inspectors may have reviewed your 1
j 13 notes?
14 A
Well, John Minor has probably read my notes because 15 when I worked the fab shop, naturally everything I did in the l
16 fab shop John was there.
l 17 Q
Okay.
John worked you --
18 A
Yes.
19 Q
-- in that area?
20 A
Right.
21 Q
And when you se.y fab shop, you mean fabrication?
22 A
Right.
I O
43 1
Q Okay.
)
2 A
And were there particular incidents that you had 3
memorialized in your notes that you wanted him to see?
l 4
A No.
Usually the notes were kept to make sure that I 5
knowed what had happened the day before, or the week before, 6
or the month before.
7 Q
Okay.
And was that in terms of work that you 8
personally performed?
9 A
Right.
10 Q
Okay.
What else did you keep in that notebook?
11 A
Well, normally the incidents like the Rick Saklak 12 and Snyder incident, something like that.
13 Q
Okay.
Did you observe the Rick Saklak/ Rick Snyder
)
14 incident?
15 A
No, I wasn't present.
16 Q
So, any information you may have had or know about 17 would have been based only on what you heard from other people 18 about it?
I l
19 A
When I was -- I was in the area.
I was in the area, 20 as far as that goes.
l 21 Q
Could you see them?
22 A
I do know what happened, yes.
O
44 1
Q
- Okay, could you see them?
(
2 A
Oh, yes.
3 Q
All right.
Could you hear what they were saying to 4
each other?
5 A
Well, couldn't hardly keep from hearing Mr. Saklak.
6 Q
Okay.
And do you recall when this was?
7 A
No.
8 Q
Do you recall what Mr. Saklak said to Mr. Snyder?
9 A
What was that, ma'am?
10 Q
Do you recall what Mr. Saklak said to Mr. Snyder 11 when you were there?
12 A
Well, in effect, no.
I mean, I know what he said 13 but word-for-word I couldn't tell you right now what he said.
14 Q
Okay.
Had you written down in your notes what he 15 said word-for-word?
16 A
Oh, yes.
17 Q
Okay.
And was that a contemporaneous writing down 18 of the --
19 A
Yes.
20 Q
Okay.
Do you recall what you heard or what you had 21 written down that you heard?
i 22 A
No.
i O
l i
45 1
Q Okay.
And do you recall what Mr. Snyder said to 2
Mr. Saklak?
3 A
No, I don't.
4 Q
Okay.
Do you recall discussing the incident with 5
anybody else?
6 A
No.
7 Q
Okay.
You never discussed it with another Comstock 8
employee?
9 A
Oh, I'm sure.I did.
But I mean I don't recall it.
10 Q
Okay.
You don't recall with whom?
11 A
Right.
12 Q
Okay.
Did you discuss it with any Comstock 13 supervisors?
14 A
No.
15 Q
Okay.
Do you recall the specifics at all of what
.6 was said between Mr. Saklak and Mr. Snyder?
1 17 A
Did I do what, ma'am?
18 Q
Recall the specifics at all of what was said between 19 Mr. Saklak and Mr. Snyder?
H2 O A
Well, I believe it was all over -- no.
21 Q
Okay.
Now, you have just recently apparently 22 started another notebook; is that correct?
O
46 1
A No, no.
I don't keep -- I don't keep daily notes
()
2 anymore.
This is just stuff, you know, I happened to write 3
down.
4 Everyone carries -- all the inspectors carry one of 5
these little books to write down different things, different 6
hangers, different locations.
7 Q
That they are going out to?
8 A
Yes, right.
4 9
MR. GUILD:
I think he was in the middle of 10 responding to your first question, counsel, which was were 11 there any other incidents --
i 12 MS. KEZELIS:
Thank you.
I do appreciate your 13 guidance, Mr. Guild.
14 BY MS. KEZELIS:
15 Q
Mr. Hunter, when I asked you a question about the 16 Saklak/Snyder incident, you said yes, that was one of them.
17 Did you have in mind any other incidents regarding 18 Mr. Saklak when you made that statement?
i 19 A
Other than a young man that just -- other than just 20 being a young man that wanted everybody to think that he was 21 the boss, or know that he was the boss, no.
22 He was just that type of personality, you know, just O
47 1
clash with most people.
('
2 Q
You are talking about Mr. Saklak?
1 3
A Mr. Saklak, right.
4 Q
Okay.
He was generally known to have a personality 5
that clashed with other people?
6 A
That's true.
7 Q
All right.
And the inspectors that you. worked with 8
took that as a given about Mr. Saklak, about his personality?
9 A
Yes.
Yes.
10 Q
All right.
So, was he the kind of person that you 11-took with a grain of salt?
12 A
Right, that's true.
il ()
13 Q
Okay.
Did you have any other specific incidents in 14 mind regarding Mr. Saklak?
15 A
No.
16 Q
Okay.
Can you recall any others?
17 A
No, not offhand.
18 Q
Okay.
Did Mr. Saklak ever threaten you in any 19 respect?
20 A
No.
I don't think so.
l 21 Q
Okay.
And when you say you --
22 A
I used to get on to him every morning and tell him
. O l
i
4 1
48 1
to tie his shoes and. things like that before he come to work, O(,j 2
and all that, you know.
3 But other than that, no.
4 Q
You used to tease Mr. Saklak?
5 A
Oh, yes.
6 Q
And you used to egg him on a little bit?
7 A
Well, I used to tell him he ought to get up about 8
thirty minutes earlier and that way he could get dressed 9
before he come to work.
10 Q
Were his shoelaces generally untied when he showed 11 up?
12 A
Yes.
When I first come here, I couldn't believe it.
13 Q
Were you the only person who used to tease 14 Mr. Saklak?
15 A
Oh, no, no.
No.
16 Q
Did the Comstock inspectors sometimes enjoy teasing 17 him?
18 A
I'm sure they did.
I'm sure they did.
19 Q
And they knew that he would react in some fashion?
20 A
Yes, that's true.
l 21 Q
Okay.
So, intentional egging on?
22 A
I'm sure it was.
I O
49 1
Q Okay.
Who else do you recall teasing him?
()
2 A
Ch, Bill Nocker.
Bill Nocker is not here any 3
longer.
Bill used to think that was really something, him 4
being the supervisor and yet he couldn't come to work, you 5
know, half-dressed.
6 Q
Did you tease Mr. Saklak about anything other than 7
his shoelaces or --
8 A
No.
9 Q
Okay.
And how did he generally react?
10 A
Oh, he usually took it pretty good natured, because 11 he would know that they was going to get him every morning he 12 come up the stairs and didn't have his shoes tied.
13 Q
Did he ever react in an unfavorable or --
14 A
Oh, no.
No.
15 Q
-- unhappy fashion?
^
16 A
No, I don't think so.
17 Q
Okay.
Not that you saw?
18 A
No.
19 Q
Can you describe to me any other incidents that you 20 can recall regarding Mr. Saklak?
21 A
No, not offhand.
22 Q
Do you recall discussing the Saklak/Snyder incident i
i
50 1
with Mr. Snyder?
()
2 A
No, no more than just normal talk like me and you '
3 are talking now, no.
4 Q
Okay.
Do you recall what you may have said to him 5
or what he may have said to you?
6 A
No.
7 Q
Do you know anything -- or, are you aware of 8
anything, or have you observed anything that would lead you to 9
believe that Mr. Snyder's performance of his inspection work 10 was at all effected by the incident with Mr. Saklak?
11 A
No, not offhand.
I believe he was in calibrations 12 whenever he and Mr. Saklak got into it to start with.
And I 13 think he's still in calibrations.
14 Q
Okay.
Have you ever had an occasion to review or to 15 watch Mr. Snyder's inspections?
16 A
No.
17 Q
Okay.
And you don't do any calibration work 18 yourself?
i 19 A
No, not on this job site.
20 Q
Okay.
Have you done calibrations work elsewhere?
21 A
Yes.
22 Q
Where was that?
l
51 1
A I've worked for Shell Oil Company and also for Amoco 2
or Standard of Indiana before.
I was senior inspector on the 3
job.
4 Q
Are you aware of any pressure by Comstock 5
supervisors to sacrifice quality for production and cost 6
considerations?
7 A
Would you please state that again?
8 Q
Okay.
Were you ever pressured, or are you aware of 9
any pressuring by any Comstock supervisor, against Comstock QC 10 inspectors to sacrifica quality for production and cost 11 considerations?
12 A
You asked me to start with to answer yes or no.
I'm
( )
13 going to answer this a little bit different.
14 Q
That's fine.
15 A
All right.
Today I told you I was doing review up 16 there, document review.
i 17 Q
Okay.
18 A
Inspection document review.
All right.
This is 19 what's going on right today.
l l
20 Comstock or Coned or someone is trying to get the 21 old Ernst inspections bought off.
That was prior to 1980; is i
22 that correct?
Okay.
The traceability and the documentation O
52 1
on a lot of that stuff to me is beyond hope.
)
In other words, maybe I just can't see it.
But I 2
3 can't see any way of tracing all of it, and I can't see the 4
documentation on a lot of it.
5 That's why I say they pass it around from one 6
inspector to the next inspector to someone else.
7 Q
Okay.
Stop right there for a minute.
8 A
All right.
9 Q
Have you personally observed any supervisor passing 10 an inspection from inspector to inspector to inspector?
11 A
It happens everyday.
h[
d#
r 9Y' h
W mr>< < y Q 12 Q
All right.
Can you give me an example?
\\
13 A
Just like you said, if you don't buy it --if you 14 don't buy it, if you are sitting here and you are doing the 15 general resiew on it and you don't buy it, tomorrow it's going 16 to be to somebody else.
17 Q
Okay.
And can you tell me who engages in that type 18 of practice?
19 A
No.
I don't know who makes the decision to do 20 that.
That I don't know.
i 21 Q
All right.
And what makes you say that you know 22 that that happens everyday?
i llO I
53 1
On what do you base that?
2 A
I've got the same inspections back two or three 3
times to see if I can match it up with a certain piece of 4
paper, to see if I can match the documents with a certain 5
piece of paper.
And maybe I get that twice.
And maybe the 6
fellow sitting next to me, maybe he gets it once or twice.
7 Q
Have you ever dicussed this with --
8 A
Yes, we have.
9 Q
-- any other inspectors?
10 A
Yes, we have.
We have.
11 Q
All right.
And with whom have you discussed this?
12 A
Okay.
First off, with my lead, which is Brian 13 Murphy.
14 Q
Okay.
{
15 A
Next with Tom -- a young man, I can't even recall 16 his last name.
17
[ Pause.)
18 I can't --
19 Q
That's okay.
-20 A
-- even think of their names now and I sit next to 21 them.
22 Q
That's okay, can you recall anybody else that you O
54 1
had discussed this with?
)
2 A
Yes, Larry Seese.
I asked Larry about it.
3 Q
And what did he --
4 A
Larry Seese is the assistant QC manager.
5 Q
Okay.
And what did Mr. Seese say to you?
6 A
Well, he said:
We are going to try to see if we can 7
get the papers to match.
8 Q
And what did that mean to you?
9 A
That means that they was going to try to cut 10 paperwork on something.
11 Q
All right.
12 A
I'm not saying that the work is not good.
I'm just 13 saying that they are trying to match paper, that there's no 14 way to trace what it goes to.
.15 Q
Okay.
Well, when did Mr. Seese tell you that they 16 would try to get papers to match?
17 A
Oh, within the last two weeks, since I've left on 18 this job.
19 Q
Okay.
And what did Mr. Murphy say to you when you 20 talked to him about it?
21 A
Well, Murphy said:
If it's no way for you to match 22 a hanger with one of your inspection reports, don't do it.
i!O i
55 1
Q Okay.
And has anybody told you or given you any
()
2 instructions contrary to those?
3 A
No.
4 Q
Has Mr. Seese given you any instructions contrary to-5 that?
6 A
No.
7 Q
Okay.
So, so far as you understand it the effort is 8
an attempt to match documentation.
9 Have you ever been given any instructions, or are 10 you aware of anybody else who has been given any instructions, 11 to match them without really being confident --
12 A
No.
)
Q
-- they match?
13
{
14 A
No, I don't think that's ever happened.
15 Q
Okay.
Has anybody given you any instructions or 16 anybody else so far as you are aware has falsified any of the 17 documentation?
18 A
No, No.
19 Q
Okay.
So, as you understand it, it's an ongoing 20 massive effort to match documentation?
21 A
Right.
That's what it is.
22 Q
Okay.
And Ernst is a former contractor on this O
l
56 l
1 site?
2 A
That's true.
3 Q
And do you recall when Ernst left the site?
4 A
1980, I would say.
It might even have been '79.
5 Q
Okay.
6 A
It might have been '79.
d 7
Q Okay.
This is an ongoing special project that --
8 A
Right.
9 Q
-- you and several other inspectors --
10 A
Right.
11 Q
-- are involved in?
12 A
Yes.
{
}
13 Q
Does it have an official title?
Is it a document 14 review?
15 A
Document review.
16 Q
Okay.
And do you know --
r
(
17 A
Inspection document review.
18 Q
And do you recall when that project commenced?
19 A
No, I couldn't tell you when this -- we have several 20 special projects.
But I couldn't tell you when this one was 21 started.
22 Q
Okay.
When did you start working on it?
O
57 1
A I've probably been up at least sixty days, might 2
even have been ninety days.
3 Q
Okay.
Has all of your working time been occupied 4
with this special project?
5 A
Yes.
6 Q
Okay.
And who else was involved in it?
7 A
Oh, there's -- I would say there's seven men in our 8
group.
Seven people.
9 Q
Okay.
10 A
That's just this one special project.
11 Q
Okay.
And when you said that papers were passed 12 around from one inspector to another inspector to another
()
13 inspector, this is during the course of this ongoing effort to 14 see if documentation matches?
15 A
That's true.
That's true.
16 Q
It is not -- and correct me if I'm wrong, it is not 17 a request for, or an attempt, to have one inspector okay 18 something that another inspector may have rejected, is it?
19 A
I'm sure it's not.
20 Q
Okay.
As long as we are clear on that.
Okay.
And 21 did you tell me that you had talked to Mr. DeWald about this 22 as well or not?
O
58 1
A No.
)
2 Q
So, the only people that you recall talking to about 3
this ongoing special project is Mr. Murphy and Mr. Seese?
4 A
Yes.
5 Q
And there may be a few other people; you just don't 6
remember them right now?
7 A
Right.
8 Q
And can you tell me --
9 A
Well --
10 Q
-- physically what it is that you are in the process 11 of doing?
You are trying to get what kind of documents traced 12 back to what other documents?
13 A
Okay.
What we are trying to do, if we have a Form 14 91 which was considered the weld inspection form that Ernst 15 used, a PTL overview inspection sheet, or a -- I believe they 16 called it a hanger insulation report at that time, all these, 17 they have to match the units that we are supposed to be 18 looking at.
19 In other words, this is at a hanger of some type.
20 Q
Uh-huh.
21 A
Okay.
If all these papers don't match, then we have 22 no way of tracing the welds that was made or who made them or O
59 1
how many or anything like that.
(/
)
q_
2 So, that's the biggest problem on Ernst reports.
3 Q
Right.
Okay.
Do you know what NCR this is all in 4
response to, that the special project commenced in response 5
to?
6 A
I wish you hadn't asked me that.
I don't recall it 7
offhand.
8 Q
Okay.
You don't recall which NCR it is?
9 A
No, I don't.
10 Q
Okay.
And do you recall ever seeing the NCR?
11 A
Yes, I'm sure I have.
12 Q
Okay.
Do you recall when the NCR was issued?
i'~'g 13 A
The issue date I can't tell you.
I don't recall 14 offhand.
15 Q
Okay.
Okay.
And is it Mr. Seese who is in charge 16 of this project?
17 A
It's my understanding that Mr. Seese is in charge of 18 most of the special projects, yes.
19 Q
Okay.
Now, the question that I think I had asked 20 you was whether you were aware of any pressures to sacrifice 21 quality for production and cost considerations.
22 Are you aware of, or have you ever been pressured, O
60 1
to sacrifice quality for production and cost considerations by 2
any Comstock supervisor?
3 A
No, I haven't.
4 Q
Are you aware of any pressure by any supervisor 5
against any other Comstock inspector, QC inspector, to 6
sacrifice quality for production and cost considerations?
f Q
b
__,,,j d j. 7
(
W j) /
7 A
No, I'm not.
8 Q
All right.
Either with respect to this ongoing 9
project that we've just been talking about -- strike that.
10 Have you ever been pressured by any Comstock 11 supervisor to knowingly violate established quality 12 procedures?
13 A
No.
14 Q
All right.
Has anything that Mr. Murphy or 15 Mr. Seese or any other individual said to you about this 16 special project led you to believe that they were asking you 17 to violate either Comstock procedures or any NRC regulations?
18 A
No.
19 Q
Okay.
20 A
None whatsoever.
21 Q
Okay.
There is no question about that in your mind?
22 A
No, there is no question about that.
l l
l l
61 1
Q Okay.
Mr. Hunter, have you ever been threatened
()
2 with violence because of any expression of quality or safety 3
concern you may have made?
4 A
No, no, I haven't.
5 Q
I believe, Mr. Hunter, I'm going to ask you a few 6
more questions --
7 A
All right.
8 Q
-- and we will continue this deposition and we won't 9
be finished with it just yet because we have other things we 10 have to do unfortunately.
11 And I'm sorry we started late with you.
12 A
All right.
13 Q
I want to ask you one more question before I stop.
14 A
All right.
15 Q
That is with respect to BESTCO.
You said that when 16 you became an employee of BESTCO you threw out the notebook 17 that you had been keeping.
18 A
That's true.
j 19 Q
Was there any particular motivation in your mind for 20 doing that?
21 A
No, no motivation.
22 Q
Okay.
i i O
1 62 1
A I just figured that they lost two years of my record
()
2 because I could go each and every day and tell them just 3
exactly what I inspected.
4 Q
Uh-huh.
5 A
You probably know something about our vault. Or, you 6
didn't want to get into that.
7 0
When --
8 A
Like all vaults, or like all filing systems, why, 9
some days you. find it and some days you don't.
10 Q
All right.
Did you just say something to the effect 11 that they lost two years of your records?
12 A
As far as my records, yeah, i
13 Q
And who were you referring to?
i j
V"T j
14 A
Anyone that wanted to know what I did on a certain 15 day.
16 Q
Okay.
Are you just meaning that because of the 17 transition of --
l 18 A
No.
What I'm referring to la that a lot of the l
19 fellows come along and they say:
Hunter, what day did you 20 inspect, you know, certain areas on?
Le >
21 You know, and I could take and flip open my month 22 and my day and tell them just exactly when it had been O
......---.---.,...~c---,-.
63 1
inspected and when it had been weld inspected, whatever had
)
2 been done to it.
3 Q
Okay.
Are you aware of anything that would lead you 4
to believe that records do not exist at comstock that could 5
trace back what you did, or your inspection reports?
6 A
No.
I'm sure -- no, no.
I'm sure they have it all 7
on file.
8 Q
Okay.
You just felt it was no longer necessary --
9 A
Right.
10 Q
-- for you to keep your own reports because --
11 A
Right, true.
12 Q
-- the -- or, your own notes about what you had 13 done?
14 A
That's true.
15 Q
You were moving over to a new employer; is that 16 correct?
17 A
That in correct.
i 18 Q
All right.
No other motivation involved?
l 19 A
No other motivation.
20 Q
All right.
We will stop your deposition at this 21 time.
And before we do that, I'm going to ask you to make 22 arrangements to bring the documents that you have or that O
i I
64
'l 1
we've been talking about to Mr. Gieseker so that I can look 2
at them and make a copy for Mr. Guild, and than we will be discussing t'ose when we resume your deposition, okay?
3 h
4 A
All right.
5 Q
Okay.
6 A
What time do you want them?
7 Q
Oh, the documents?
8 A
I don't know.
We can go off the record for that.
9 (Whereupon, at 3:02 p.m.,
the deposition was 10 recessed to reconvene sine dia.]
11 12 13 14 15 16 1
17 18 19 20 21 22 s
F l'
[
65 1
CERTIFICA7E OF DEPONENT 2
3 I, R. DOYNE HUNTER, do hereby certify that I have read 4
the foregoing transcript of my deposition testimony, 5
and, with the exception of additions and corrections, if any, 6
hereto, find it to be a true and accurate transcription 7
thereof.
8 9
7.
M y
/'
10 R.
DOYNE HUNTER 11 b~)9-12
_ 13 DATE 14 15 CERTIFICATE OF NOTARY PUBLIC 16 Sworn and subscribed to before me, this the M[
17 day of NM 19 18 19 20
<?<
21 NOTARY PUBLIC IN AND FOR 22 My commission expires:
8'/0 k O'
66 1
CERTIFICATE OF NOTARY PUBLIC 2
3 I, GARRETT J. WALSH, the officer before whom the 4
foregoing deposition was taken, do hereby certify that the 5
witness whose testimony appears in the foregoing deposition 6
was duly sworn by me; that the testimony of said witness was 7
taken by me and thereafter reduced to typewriting by me or 8
under my direction; that said deposition is a true record of 9
the testimony given by the witness; that I am neither counsel 10 for, related to, nor employed by any of the parties to the 11 action in which this deposition was taken; and further,- that I 12 am not a relative or employee of any attorney or counsel
(
}
13 employed by the parties hereto, nor financially or otherwise 14 interested in the outcome of the action.
15 16 A'
gr 17 GARRETT J. WALSH 18 Notary Public in and for the 19 Commonwealth of Virginia 20 21 My Commission expires January 9, 1989.
22 O
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tC NUCLEAR REGULATORY COSBilSSION 0
In the matter of:
COMMONWEALTH EDISON COMPANY 50-456 (Braidwood Station, Units 1 and 2) > DOCKET NO.
50-457 TO Robert D.
Hunter Route 4, Box 141 Centralia, Missouri 65240 YOU ARE HEREBY CO501ANDED to appear.............t the Braidwood a
N u c 1 e a r P,9,yg,z,,,s,,t,g,tj, pp,,,,,,,,,,,,,,,,,,,,,
in the city, of......Brai..d.w..o..o..d,........I..l..l..i...n..o..i..s......................................................................
o n the....l.@.t,b...... day o f....DS.9.e.F).b,ey,,,,,,,,,,,,19.U.......a t......S.:.00........ 0*clo ek A.31.
v to testifyxo:x habalf< ak.......b,e,,,,ds,p,g,gg,g,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.......,,
in the above entitled action and bring with you the docurnent(s) or object (s) described in the attached schedule.
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06-BY ORDER OF T!F ATOMIC SAFETY AND LICENSING BOARD
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BY,
Herbert Grossman, Chairman, Administrative Judge l
Cmd ElsFa."fauer,enwealth Edison Ccrpany
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1snam, Lincoln & Beale Inree First National Plaza Qucaao, Illinois 60602 TEMONE(3;g 330 ovy A
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P 10 C1.R. 2.120 (t) p,eadint offeer or. sf he is un'*!**le. th*
l On monen made promotly, and an any twnr Communen may (1) quash or modsfy the sub-et or before the nme tooexfied in the asbooeng peane if it it unreasonable or requsret essdence for comolunte by the person to unem one sub-not retennt to any n.etter in issue. or I:) con-poens is directed and on notsee to one parry at dtnan densat of tse morson on suit sne ressonable
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RETURN ON SERVICE
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Received this subpoena at../c/da eo1 -........................t....
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sen ed it on the within named..[f.#d.C..d.f'.c/.r&&..............................
by delivering a copy to h.t.w and tendering to h.
the f for o day's
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s'ttendance and the mileage allowed by law.J
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Senice Fees Tra vel........................ S Senices..................... S To ta........................ S Subscri to before m a..
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' NOTE - Affidavit required only if senice is made bf a person other than a L*nited States Marshal or his deputy.
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l y,,,,,4 mgge,ge nere not se tenderest to one wetness usan sernce of e aabroena isa,ed se senstf of the unstre States or an officer or egency enereof.
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V SCHEDULE OF DOCUMENTS TO BE PRODUCED AT DEPOSITION 1.
Any and all documents related to your em-ploynent by L. K. Comstock at the Braidwood Power Station.
2.
Any and all documents related to discussions or correspondence involving Braidwood Station and Inter-venors Bridget Little Rorem, et al.,
agents and employees of Business and Professional People for the Public Interest, or employees of the Nuclear Regulatory Commission.
3.
Any and all documents related to claims of harassment, intimidation, retaliation, or discrimination by any L.
K. Comstock employee or manager including Irv DeWald, Robert Seltmann, Larry Seese, Bob Marino, and Richard Saklak.
4 4.
Any and all documents related to claims of inadequate quality or of safety concerns at Braidwood Sta-tion.
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/brdeAL D 5x. #L U< W~~
Comstock Engineering, Inc.
Memorandum To:
R.
D. Hunter File Office: Braidwood From:
I.
DeWald
Subject:
Verbal Warnine Date: 04/15/85 Mr. Hunter was observed by the General QC Supervisor in the Aux Building, elevation 451, reading a newspaper.
Mr. Hunter was sumoned to the QC Manager's office, with the presence of A. Simile at 5:00 p.m.
and the situation of being observed reading the newspaper was discussed.
The fact was explained to him that other people (craft) have been dis-charged for similar action at,4 that we (QC Management) do not want to discharge anyone for this.
It also does not look good to others when an inspector is seen reading a newspaper. He indicated he understood, t
JM I. F. DeMald O
Quality Control Manager y
IFD/1f O
.i3'Of D' 717
~
( AUGU51 1, 1983)
QC INSPECTOR HARASSMENT CONTENTION
/8/#/f% he/o[
a of 10 Contrary to Criterion I, " Organization C.F.R. Part 50, Appendix B, and 10 C.F.R. Section 50.7, Commonwealth Edison Company and its electrical
(')T
\\m contractor, L.K. Comstock Engineering Company have failed to provide sufficient authority and organiza-tional freedom and independence from cost and sche-dule as opposed to safety considerations to permit the effective identification of and correction of quality and safety significant deficiencies.
l Systematic and widespread harassment, intimidation, retaliation and other discrimination has been direc-ted against Comstock QC inspectors and other employ-ees who express safety and quality concerns by Comstock management.
Such misconduct discourages the identification and correction of deficiencies in safety related components and systems at the Braidwood Station.
Instances of harassment and intimidation include at least the following:
1.
At various times since at least August 1984,
~
including in March 1985, more than twenty five (25)
Comstock QC inspectors have complained to the NRC l
about harassment and intimidation by Comstock super-a visors.
Such harassment and intimidation has been carried out or participated in by QC Manager Irv l
(_
_DeWald, Assistant QC Manager Larry Seese, QA Manager Bob Seltman and QC Supervisor R.M. Sakalac.
Such harassment included widespread pressure to approve deficient work, to sacrifice quality for production and cost considerations and to knowingly violate established quality procedures.
Harassment and retaliatory treatment included threats of violence, verbal abuse, termination of employment, transfer to undesirable jobs or work in areas where quality deficiencies could not be noted, assignments to perform burdensome or menial "special projects" and other adverse treatment.
Such discriminatory action was taken because of the victim's expression of quality or safety concerns.
Former Level II QC inspector John D. Seeders has knowledge of these widespread instances of harassment.
By letter of 17, 1984, Seeders complained to the NRC, August Edison and Comstock management regarding instances of harassment directed against him.
Subsequently, Mr.
Seeders was involuntarily transferred to the position of Engineering Clerk in retaliation for his I
expression of quality concerns.
Such assignment was intended by Comstock to keep Mr. Seeders away from sensitive work areas.
Although QC Supervisor R.M.
i d
ATTACHMENT B PAGE 2 l*,
Sakalac was finally terminated in 1985 for his -mis-treatment of QC inspectors and other alsconduct, the
'rs effects of his harassment remain uncorrected and systematic harassment continues at Comstock to the present.
The existence of widespread harassment i
impugns the integrity and effectiveness of on-going l
corrective action programs designed only to address other widespread-QA failures at Comstock.
2.
Comstock management, including QC Manager Irv DeWald and Corporate QA Manager Bob Marino harassed, discriminated and retaliated against, and ultimately terminated Level III QC Inspector Worley O. Puckett because Mr. Puckett made numerous complaints about safety and quality deficiencies which he identified i~n the course of his duties at Braidwood.
Mr. Puckett was hired by Comstock in May 1984 in i
the newly created position of Level III QC Inspector
~
whose duties included conducting a review of Comstock
, procedures, tests requirements for the more than 50 Level II QC. Inspectors, rev_iew of the Level II's inspection work, and the resolution. of inspection disputes.
Mr. Puckett was highly. qualified with 20 years' nuclear Navy and nine years' nuclear power O.
experience.
See, Resume,' Exhibit B.
During the course of his employment with Comstock Mr. Puckett was shocked by the widespread deficiencies in procedures, qualifications and workmanship.
He identified numerous instances of improper construc-tion procedures, improper qualification of welders, and material traceability deficiencies.
He ultimate-ly recommended a complete stop work order for all welding activity to permit effectiva corrective l
action.
See, Memos of August 10 and August 17, 1984, j
Exhibits C and D.
Finally, he warned QC Manager Irv DeWald.that "we are approaching a complete breakdown in our QC program."
August 22, 1984 Memo, Exhibit E.
Puckett was subjected to harassment and retaliation because he raised these safety and quality concerns and was terminated on August 27, 1984 by DeWald on the pretext that he should have scored higher than his 865 on a qualification test.
He filed a complaint with the U.S. Department of Labor, alleging violation of the employee protection provisions of the Energy Reorganization Act, 42 USC 5851.
Letter, September 5,
1984, Exhibit F.
The U.S. Department of Labor O
Area Director sustained Mr. Puckett's complaint finding unlawful discrimination by Comstock against f.
..]
ATTACl#iENT B PAGE 3
- c Puckett and ordered re11et.
Notes of Decision, November 6, 1984, Exhibit G.
Mr. Puckett presented his case at a hearing before an Administrative Law
- O Judge on Comstock's appeal.
See, Complainants' Pre-Hearing Exchange, Exhibit H.
Comstock settled Mr.
Puckett's claim before putting on its case.
The terms of settlement are subject to a non-disclosure agreement between Comstock and Mr. Puckett.
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