ML20198R136

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Transcript of 970304 OI Interview of DF Johnson in Two Rivers,Wi Re NRC Investigation Case 3-97-008.Pp 1-37
ML20198R136
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Site: Point Beach  NextEra Energy icon.png
Issue date: 03/04/1997
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NRC OFFICE OF INVESTIGATIONS (OI)
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NUDOCS 9711130166
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{{#Wiki_filter:_ __________y 1 ~ UNITED CTATES OF AMERICA e -2 NUCLEAR REGUIATORY COMMISSION b -3 +++++ t 3 4 OFFICE OF INVESTIGATIONS ? 5 INTERVIEW 6

x 7

IN THE MATTER OF: 8 INTERVIEW OF Docket No. 9 DOUGIAS F. JOHNSON (not assigned) 10 's 11 ............................ x 12 Tuesday, March 4, 1997 13 C. 14 Point Beach Nuclear Plant 15 Site Boundary Control Center 16 Two Rivers, Wisconsin 17 18 19 The above-entitled interview was conducted at 20 3 :3 0 p.in. 21 BEFORE: 22 RICHARD L. DEVITTO Investigator 23 24 '25 9711130166 971112 NEAL R. gross EXHIBli PDR ADOCK 05000266 COURT REPORTERS AND TRANSCRSERS O PDR 132: RHODE ISLAND AVE., N.W. PAGE / OF 39 PA3E(S) 9l7 0 08 4 l see sumas' =AssmaTON. o.c. saasmi m es w as 90EE 3 )

y ~ 2 - g. 1 ALSO PRESENTa l:g 2 3-TONY MCMURTRAY, l 4 Point Beach U.S. Nuclear Regulatory Commission l - 5 Senior Resident Inspector 6 ~ 801 Warrenville Road -7 Lisle, Illinois 60532-4351 8 a 9 ~ 10 UOHN H. O'NEILL, UR. - ~ 11 Shaw Pittman Potts & Trowbridge 12 2300 N Street, N.W. 13 Washington, D.C. 20037-1128 14 (202) 43-8148 15 16 17 ~ 18 T 19 20 21 22 23 24 25 D NEAL R. GROSS COURTREPOMRS ANDTRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (20ig 234 4433 WASHINGTON, D.C. 20006WD1 (202) 234 4433 ~ ~ ~ ~~ ~

1 g 2 WITNESS: m .t 1 3-DOUGIAS JOHNSON 1-4 -Examination by Mr. DeVitto 5 -t 5 Examination by Mr.'McMurtray 32 6 7 P 8 9 10 i 11 3 12 13 EXHIBITS IDENTIFIED Cs'. 14 A 9 15 B 24 16 17 18 19 20 21 22 e 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRISERS f / 1323 M.uODE ISLAND AVE., N.W. 4MIE) 234 4433 WASHINGTON, D.C. SDDDH701 M E844433 ~.- - - -- -. - - _ _.. ~ } 'T e L

---__---------y------ l-{ 1 P-R-O-C-E-E-D-I-N-G-S lt' 2 (3:30 p.m.) 3-INVESTIGATOR DEVITTO:- Good afternoon. For i / l-4 the record, this is an interview of Douglas F. Johnson who 5 is currently employed by Wisconsin Electric at the Point 6 Beach Nuclear Plant, Two Rivers,-Wisconsin, as the Manager 7 of Regulatory service and Licensing. The location of the 8 interview is at the site Boundary Center at the Point 9 Beach Nuclear Plant, Two Rivers, Wisconsin. 10 Present at this interview and representing the 11 U.S. Nuclear Regulatory Commission is Special Agent 12 Richard L. DeVitto of the Office of Investigations, 13 Chicago Field Office and Point Beach Nuclear Regulatory 14 Commission Senior Resident Inspector Tony McMurtray. 35 Repr senting Wisconsin Electric is John H. 16 O'Neill of the law firm Shaw Pittman Trowbridge & Potts of 17 Washington D.C. As agreed, this interview is 18 electronically recorded by Ron LeGrand Sr., of LeGrand 19 Services and will later be transcribed. 20 The subject inatter of this interview concerns 21 Wisconsin Electric's-February 20, 1997 written request to 22 the NRC requesting enforcement discretion regarding 23 service water and component cooling water requirements at 24 the Point Beach Nuclear Plants units 1 and 2. 25 Mr. Johnson, would you please stand and raise NEAL R. GROSS court REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234 4433 4ASHINGTON, D.C. 200053701 $102) 2344433

g g I / 1 your right hand? 2 Whereupon, ,O. j 3 'I)OUGLAS F. JOHNSON, 4 called as a witness herein, af ter having been first. duly 4 5 sworn, was examined and testified as follows: I 6 INVESTIGATOR DEVITTO: Mr. O'Neill, would you 7 please state the nature of your representation here today? 8 MR. O'NEILL:.And just to correct the record, 9 the firm is Shaw Pittman Potts & Trowbridge, and I'm 10 representing Mr. Johnson and also Wisconsin Electric. 11 INVESTIGATOR DEVITTO: Okay. And Mr. Johnson, 12 do you feel comfortable in your representation in that Mr. 13 O'Neill represents Wisconsin Elect'ric and you personally? 14 MR. JOHNSON: Yes, sir, I do. 15 INVESTIGATOR'DEVITTO: Okay. Thank you. 16 EXAMINATION 17 INVESTIGATOR DEVITTO: Would you please state la your name and spell it for the record? 19 MR. JOHNSON: My na ne is Douglas F. Johnson, 20 D-o-u-g-1-a-a, middle initial F, Johnson, J-o-h-n-e-o-n. 21 INVESTIGATOR DEVITTO: And what is your date 22 of birth, sir? 23 MR. JOHNSON: 24 INVESTIGATOR DEVITTO: And your Social 25 Security Number? NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE :SLAND AVE., N.W. 9 02) 234 4433 WASHINGTON, D.C. 200U6 3701 @ 02) 234-4433 ~ =-

-__-_---------y--- 1 MR. JORNSON: 2 INVESTIGATOR DEVITTO: And we'd like to just l 3 add for the record that Mr. Johnson is having some medical 4 problems currently, c7d may in fact have to leave this i 5 interview from. time to time and as we stated, he is l i 6 welcome tte do that at any time. 7 MR. JOHNSON: Thank you. 8 INVESTIGATOR DEVITTO: Would you please give 9 us your home address please? l 10 MR. JOHNSON: My home address is M. That is spelled, 11 12 and that is 13 INVESTIGATOR DEVITTO: And is there a phone C 14 number there, Mr. Johnson? 15 MR. OHNSON: Area cod 16 INVESTIGATOR DEVITTO: And would you give us 17 for the record any formal education or professional 18 training that you may have? J.9 MR. JOHNSON: My formal education includes a 20 Masters of Radiation Realth Physics from the University of 21 Pittsburgh, which I received in and I also have a 22 Masters degree of Business Administration that I received 23 from Marquette University in I have been employed 24 in the nuclear industry since 19.79, and specifically I fh 25 have been employed at Wisconsin Electric since 1981. NEAL R. GROSS court REPORTERS ANDTRANSCRIBERS 1323 RHODE SLAND AVE., N.W. $m2) 2344433

  • WASHlHGToN, D.C. 2000M701 (202) 2344433

j j 6 i 1 INVESTIGATOR DEVITTO: You'vo indic0ted y u 3 have been employed by Wisconsin Electric since 1981. Did .C,I 3 you start off in the Licensing Section or -- 4 MR. JOHNSON: No, sir, :: did not. My actual 5 education is in radiation health physics, so probably the 6 first five or six years of my career were exclusive to 7 supporting the radiation protection programs here at Point 8 Beach Nuclear Plant. 9 INVESTIGATOR DEVITTO: Okay. Your current 10 position in again, what? 11 MR. JOHNSON: My job title is Manager of 12 Regulatory Services and Licensing. 13 INVESTIGATOR DEVITTO: And how long have you I 14 been in that position? 15 MR. JOHNSON: I was appointed to this position 16 very early this year, approximately the first week in 17 January of 1997. 18 INVESTIGATOR DEVITTO: Okay. Was that a 19 promotion for you, Mr. Johnson? 20 MR. JOHHSON: Yes, sir, it was. 21 INVESTIGATOR DEVITTO: Okay. Who do you 22 currently report to in the management chain? 23 MR. JOHNSON: My immediate supervisor is Scott 24 Patulski. 25 INVESTIGATOR DEVITTO: And his job title? -NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE IStAND AVE., N.W. @!Ct2) 234 4433 WASHINGTON, D.C. 20005J101 (202) 2344433

v 1 MR. JOHNSON: ' Ccott Pstulcki 10 th3 Cito i 2 manager for Nuclear Operations. I'm sorry. Let me ) .h# l, 3 clarify that please. 4 Mr. Patulski is the Site Vice President of 5 Nuclear Operations. 6 INVESTIGATOR DEVITTO: Okay. 7 MR. JOHNSON: Site Vice President. 8 INVESTIGATOR DEVITTO: Can you give us a 9 description of your current duties, what your responsible 10 areas area? 3 11 MR. JOHNSON: I am responsible for all issues 12 associated with regulatory compliance. Specifically, I am 13 responsible for assuring that Point Beach Plant is ( / 14 operating in accordance with our contract, which includes our licensing b[ sis, our tech specs and our FSAR 15 16 documents. 17 INVESTIGATOR DEVITTO: Okay. Do you have a 18 staff? 19 MR. JOHNSON: Yes, sir, I do. 20 INVESTIGATOR DEVITTO: How many people do you 21 have reporting to you? 22 MR. JOHNSON: I have a support staff in 23 Milwaukee that currently includes approximately four 24 Wisconsin Electric employess, and I have a support staff 25 here at the site that I believe tota?.s some seven or eight NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. QC2) 234-4433 -WASHINGTON, D.C. 20005 3701 QO2) 234 4433 . :- ~

1 Wicennoin Electric cmpicyoco, 2 INVESTIGATOR DEVITTO: Does Mr. Malanowski 3 report to you? 4 MR. JOHNSON: Yes, sir, he does. 5 INVESTIGATOR DEVITTO: Okay. Can you explain 6 exactly how much time that you spent at the plant, how 7 much time do you spend at' corporate, how do you divide a your time? 9 MR. JOHNSON: Most of my time has been spent 10 at Point Beach. In fact, I just completed, in the -i. 11 capacity as the site manager for the steam generator 12 replacement project, that caused me to be here at the 13 plant virtually every week day through 1995 and 1996. C. 14 Since I've assumed my new responsibility as manager of 15 Regulatory Services and Licensing, I believe I have worked 16 here at the plant essentially every day, with the possible 17 exception.of k few brief trips to our Mi3waukee offices to 18 attend meetings, i 19 INVESTIGATOR DEVITTO: So you have offices in 20 both sites, I take it? 21 MR. JOHNSON: Yes,: sir, I do. 22 (Whereupon, Jtxhibit A was marked 23 .for identification.) 24 INVESTIGATOR DEVITTO: Okay. Calling your j 25 attention to a document I have marked as Exhibit A, would NEAL R. GROSS Q CnURT ftEPoRTERS AND TRANSCfil8ERS 1823 MHCDE ELAND AVE., N.W. (302) 2344433 WASHINGTON, D.C. 3000H701 4102) 2344433 ~ 1 a

5 i *, 1-you pictco examina it, Mr. Jchn:on? Tc.ko whatcvar tima l i I 2 you n30d. (lO, 3 (Pause.) 4 Have you seen that document before? 5 MR. JOHNSON: This appears to be the document 6 that I signed on February 20th. 7 INVESTIGATOR DEVITTO: Okay. 8 MR. JOHNSON: And it appears to.be the 9 document that I was the primary reviewer and approver of. 10 INVESTIGATOR DEVITTO: Okay. And what does 11 tt.at document deal with specifically,JMr. Johnson? 12 MR. JOHNSON: This document formally requests 13 from the NRC, enforcement discretion that allowed the 14 Point Beach Nuclear Plant Unit No. 1 to remain in a hot 15 shut down condition beyond the period of time that was 16 allocated by our technical specifications. 17 INVESTIGATOR DEVITTO: It indicates in this 18 document that it was prepared on February 20th. Is that 19 the day that you signed that dccument, if you could 20 recall? 21 MR. JOHNSON: I signed the enforcement 22 discretion letter on the afternoon of Thursday, February 23 20, 1997. 24 INVESTIGATOR DEVITTO: Would you recall 25 approximately what tims of the day that was? NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (EX2) 2344433 WASHINGTON, D.C. 200064701 9 02) 2344433 w.-.-.. 6

o e, 11 1 MR. JOHNSON: I Cign;d th3 n3 tic 3 Cf l 2 enforcement. discretion letter at approximately 3:30 p.m. 3 on that afternoon. 4 7NVESTIGATOR DEVITTO: You indicated that you 4 5 were Lne lead person on this enforcement discretion, is 6 that correct? 7 MR. JOHNSON: Well,.I need to clarify. The 8 original draft was written by Tom Malanowski, who draf ted 9 the letter durir.g the evening of February 19, 1997. I f 10 assumed responsibility and accountability for the letter ~ 11 on the morning of Februar) a 0, 1997. 12 INVESTIGATOR DEVnTO: Is that document the 13 same document that was presented to you by Mr. Malanowski 14 in dratt form? 15 MR. JOHNSON: No, it is not. 16 INVESTIGATOR DEVITTO: Were there changes made 17 to that document? 18 MR. JOHNSON: Yes, there were. 19 INVESTIGATOR DEVITTO: Do you have copies.of 4 20 the original draft? 21 MR. JOHNSON: -7 do not believe that I do, no 22 sir. 23 INVESTIGATOR DEVITTO: You wouldn't have those 24 on a computer by chance? 25 MR. JOHNSON: I can't answer that. They may NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHoDE ISLAND AVE., N.W. (302) 234 4433 WASHINGTON, D.C. 30006 3701 (202) 2344433

I cxict in our coigputer cyctcm,-but this eftcrnoon I c n't - 11 2 - en wer that quaction.. 3 ' INVESTIGATOR DEVITTO: Can I ask you to take a -4 look and advise me if that's the case, that there may be i l-5 something available? 6 MR. JOHNSON: Yes, sir, I can do that. { 7 TNVESTIGATOR DEVITTO: Do you know offhand if i j a there are any major differences to this document 'as to-i_ 9 when it was presented to you, do you recall? l Ii-10 -MR. JOHNSON: I would not. consider that there 1 f 11 were substantial different.as made to the letter. { 12 Pc3sibly, if you don't mind, I can expliain how the letter i 13 was reviewed and approved on the day of February 20th. i ~ { 14 INVESTIGATOR DEVITTO: Yes, why don't you do 15 that please? 16 MR. JOHNSON: As I stated, Mr. Malanowski 17 completed a draft on the evening of February 19th. He 18 loaded'his draft on our wide area network and his draft 19 was extracted via the computer system, early Thursday 20 morning, February 20th, by Fritzy Flentje. Fritzy Flentje 21 is a member of my staff here at the plant..Ehe's been a 22 quality specialist in our regulatory services group for 23 several years. 24 Fritzy worked on the, draft for approximately 25 two to three hours that morning. I had asked her to do NEAL R. GROSS \\ COURT REPORTERS AND TRANSCRIBERS tast RHODE ISLAND AVE N.W. pag) 3344433 -WASHINGTON, D.C. 3000H701 904sB4445 ~ _ _ _ _,. _.... _.. _ _..,. _ -... _ _.. _ _. -..., _ ~.

.i 13 1 th2t becauco ch3 had parcicipated in tha conforcnco call i 2 that we made to the NRC staff on the afternoon of February 3 19th, and she had also participated in the manager 4 supervisory staff meeting that we conducted also on the 5 afternoon of February 19th. 6 So I thought that she could provide the 7 service of assuring that the letter accurhtely 8 cbuacterized the statements that had been said during 9 those meetings and conference calls, ano to accurately 10 validate that the content of the letter was in fact what 11 we had agreed upon with the NRC. 12 At approximately 10:00 on the morning of 13 February 20th, I entered the plant site and I began to 14 review the draft that Fritzy had worked on that morning. 15 I did a very quick read of the document, and at that time 16 decided that it would be prudent to have additional staff 17 members pe-form a review of the document. 18 I asked Fritzy to fax a copy of the draft 19 letter to our Milwtukee engineering staff. She 20 essentially did that immediately,-and it was faxed down to 21 tha 1tttention of Art Reimer,-who is our -engineering 22 manager at our Milwaukee corporate offices. Mr. Reimer 23 distributed the letter to about three or four people 24 within his organization. Specifically, he distributed the 25 lett er to individuals that had b an involved with this -NEAL R. GROSS COURT REPORTERS AND TRANSCRIDERS 1323 RHODE ISLAND AVE.. N.W. (202) 234-4433 -M/ASHINGTON. D.C. 20005 3701 (202) 234 4433 m ee w -

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(. 'l iccua during th3 previous day. And wa ccked Mr. Roim3r to k 2 cck hio ctoff to previda un commento by noontime en I 3 1 3 February 20th. ? 4 At approximately noontime, we did receive y 5 comments from Ed Me'rcier, Scott Hogit, and received 6 confirmation from Paul Katere that he had reviewed the 7 letter but had no comments. In addition to that review, I 8 also shared the letter with John Jaeckle. John was at the S Point Beach site on the morning of February 20th,- and I 10 spent a good 45 to 60 minutes working hand in hand v'.ch 11 John to review the letter. John was of considerabla value 12 because he had essentially the previous day, helped us i 13 formulate the safety basis justification for the 14 enforcement discretion letter. 2 2 -15 Those inputs were received, like I say, by 16 approximately noontime or 12:30 p.m., and from about 12:30 17 to 1330 hours, I worked to incorporate those comments into ~ 18 the-letter, sometime around 1330, I did one final l' 19 proofread of the letter, and determined that it was in a - 20 condition that would be acceptable for Mr. Cayia's review. 21 So I-walked the document into Mr. Cayla's of fice. He was 22 not in his office, so I laid the letter on his chair with 4 23 a note asking him to review it.

24 Approximately a half hour later, maybe 45 25 minutes later, Mr. Cayia returned to the work stati E NEAL R. GkOSS count REPOMRS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

$103) 234 4433 WASHINGTON, D.C. 30006-3701 (204) 234 4433 Y-4

{ 1 whe.ro I wao and provid:d me o handful cf cditorial 2 comments to :he Intter and added a specific paragraph that 'h 3 addressed the issues ast.ociated with the potential 4 4 degraded good voltage that existed -- the northeastuen 1 5 part of the state. Mr. Cayla and I probably spent 20 to 6 30 minutes at that time, discussing the letter. He than 7 departed sno ( vorked with Fritzy Flentje to incorporate 8 his comments in the letter. 9 I then recall taking it back to Mr. Cayia for 10 one, Tinal review, and at that time, he apparently decided 4 11 to allow Mr. Terry Sullivan a chance to review the letter. 12 Mr. Sullivan is currently a spe,cial assistant to Dick 13 Gragon, our Chief Nuclear Officer. Mr. Sullivan is a le special assistant to Mr. Gragon on nuclear issues. 15 Approximately 15 or 20 minutes later, Fred came back with 16 a few additional editorial comments that Mr. Sullivan had. 17 provided him, and again, I worked with Fritzy Flentje to 18 incorporate those coimnents into the draf t letter. 19 That all took until about 1500 hours on that 20 afternoon, and between 1500 hours and 1530 hours, I 21 completed one final detailed proofread of the document, 22 and at approximately 1530 on that afternoon, J in fact 23 signed the letter. 24 INVESTIGATOR DEVITTO. That was the 20th 25 you're talking about? -NEAL R. GROSS O CoVRT REPORTERS AND TRANSCRIBERS 1323 RHOUC ISLAND AVE., N.W. 902) 2kA433 -WASHINGTON. D.c. 200054701 4202) 234 4433 1

q 'p ? MR. JOHNSON: All of th3 CctivitiO3 th3t I f l 2 just described over the last three or five minutes, took ,i l3 3 place on February 20, 1997. l-8 j 4 Af ter I signed the letter, it was-then 5' immediately faxed to WRC Region III, NRR project offices, 6 and I believe a copy-was hand _ delivered to the NRC 7 resident. inspectors. And that was all accomplished by 8 1600 hours as we had promised. 9 INVESTIGATOR DEVIT'to: Mr. Johnson, do you 10 recall the first date that you became involved with this 11 document, when it was even in a discussion phase? 12 MR. JOHNSON: Can you repeat.the question 13-please? C' 14 INVESTIGATOR DEVITTO: Yes. The first date 15 that you became aware of this enforcement discretion, even 16 before being drafted, say in a discussion stage, can you .17 recall? 18 MR. JOHNSON: Probably Point Beach staff -19 members began to assess the desirability of seeking out 20 enforcement discretion some time on Tuesday, February 18, 21 1997. 22 INVESTIGATOR DEVITTO: How was that brought to 23 - your attention? 24 MR. JOHNSON: To the best of my recollection, 25 at 10:00 a.m. on Tuesday morning, February 18, 1997, there -NEAL R. GROSS cOUM REPORTERS AND TRANSCRIBDtB 1323 3HODE BLAND AVE., N.W.

9 02) 3s4 4433 WASHINGTON, D.C. 3D005 arm 1 902) 33M433 I

,i ip 1-wac c mesting conycn:d in th3 plcnt'a tcchnical cupport !-i 2 center with many of the plant inanagers, to discuss the - 1-3 process that would be used to repair the.CCW pumps and the 4 service water pumps. To the best of my recollection, an t 5 outcome of-that meeting was a discussion, a very brief .6 discussion I should point out, of the staff's desire to 7 consider enforcement discretion. 8 INVESTIGATOR'DEVITTO: They were desiring 9 enforcenient discretion on what particular issue at that 10 time? Or were there many? 11 MR. JOHNSON: No, I think there has only been,. 12 there was only one discussion regarding enforcement 13 discussion. I'm sorry, enforcement discretion. And that 14 was always very specific to the operability of. the-CCW 15 pump. 16 INVESTIGATOR DEVITTO: And.that took place on 17 the leth, you're saying, the 18th of February? 18 MR. JOHNSON: Well, I've lost track of what 19 exactly your precise question is. 20 INVESTIGATOR DEVITTO: That discussion 21-relative to the pumps. You said there was a discussion on 22 the 18th? 23 MR. JOHNSON: There were many discussions that 24 took place on the 28th, regarding the condition of the 25 pump, the technical specification requirements that NEAL R. GROSS COURT REPORTERS AND TRANSCIUSEAS 1sta RHODE ISLAND AVE., N.W. gene) 3344433 ' WASHINGTON, D.C. 20006 3701 -(IDe) 234 44m I \\ l

'I -s l' cyplicd to thoso pump 3,' cnd th:re wero cavoral diccu cieno j that took place regarding the_ possibility of seeking-2 3 enforcement discretion. 4 INVESTIGATOR DEVITTO: So there were many. 5 issues discussed on the leth? 6 MR. JOHNSON: There were many issues 7 discussed. 8-INVESTIGATOR DEVITTO: Where did this take 9 place, this discussion, Mr. Johnson? 10 MR. JOHNSON: A lot of those' discussions 11 primarily took place in our front office conference s. 12 building. Some of them took place in Mr. Cayin's office. 13 Some of them prnbably took place, to the best of my 14 recollection, in'our front office conference room. Some 15 of them may have very well taken place in the hallways. 16 But the point I'm trying to make sir, is that on-the day 17 of the 18th,-the resolution and' disposition of this ~ 18 particular plant configuration was of the highest priority 19 to all of our senior staff managers, and virtually any 20 contact that I personally had with a plant manager, 21 involved some sort of discussion associated with this 22. particular plant configuration. 23 INVESTIGATOR DEVITTO: Okay., Were you present 24 on February 19th when this was discussed in a 25 teleconference with the NRC? NEALR. GROSS COURT REPORTER $ AND1MANCCRIBERS 13E3 RHODE ISLAND AVE., N.W. i 4ss)2344433 WASHINGTON, D.C. 33006 3701 902) 2b44433

( 1 MR. DOHNSONa-Can you be more prGcios 00 to .-2 what teleconference you are referring to? i s (I-3 INVESTIGATOR DEVITTO: Relative to this NOED, [ 4 there was-a teleconference that took place. Do you recall 5 being party to it? 6 MR. JOHNSON: Yes, sir. I can tell you that I 7 participated in a teleconference with the Nuclear 8 Regulatory Commission at appros:imately 1600 hours on the 9 afternoon of February 19, 1997. 10 INVESTIGATOR DEVITTO: Do you know who was 11 present at that teleconference from Wisconsin Electric? 12 MR. JOHNSON: I do not know for certain, but I 13 will try to the best of my recollection to point out to 14 you who I thought was in attendance. It was me, -- cayia, -15 Jaeckle, Gray, Guay, Ms. Fritzy FlenG4, and I believe 16 Brad Fromm, but I can't say with as much certainty as the 17 others. Also participating in that call from Milwaukee 18 via conference call, was Tom Malanowski, But again, I 19 simply can't tell you with great confidence this 20 afternoon, who precisely was there. That is the best of 21 my recollection. 22 TNVESTIGATOR DEVITTO: Do you recall the 23 length of that call, how long you were involved in the 24 discussion? 25 MR. JOHNSON: That conference call probably 14EAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1823 RHoDE ISLAND AVE., N.W. (302) 334 4433

  • WASHINGTON, D.C. 20006 4701 0102) 334-4433

20 j( 1 100tGd betweIn 30 to 45 vinutoo. ll 2 INVESTIGATOR DEVITTO: Can you recall the r 1 3 substance of that conversation? 4 MR. JOHNSON: We had determined at:a meeting 5 at 1400 hours that af ternoon, that we 4tanted to make 6 contact.with the NRC and explore the NRC's receptiveness T for our request for a notice of enforcement discretion. a so the 1600 hours conference call on tho-afternoon of-9 February 19th, was intended to explore the NRC's 10 receptiveness-to our potential desire for enforcement 11 discretion. 12 INVESTIGATOR DEVITTO: During that discussion, 13 that teleconference, was there any discussion relative to-C 14 the cross connect between Unit 1 and Unit 2 in the 15 component cooling water systems? 16 MR. JOHNSON: To the best of my recollection, 17 yes, there was. The discussion was driven by a review of 18 potential compensatory measures that we could,-excuse me, 19 I need to take a break. That we could apply to support 20 the enforcement discretion. 21 MR. O'NEILL: Off the record. 22 INVESTIGATOR DEVITTO: Do you want to take a 23 break? 24 MR. JOHNSON: Yeah. 25 (Whereupon, a short break was NEAL R. GROSS COURT REPomRS AND TRANSCNBERS 13t3 RHOCE ISLAND AVE., N.W. . (2010 334 4433 WASHINGTON D.c. 30006 3701 (202) 234 4433 L_ -- =......

g - 1 toktn.) V 2 21tVESTIGATOR DEVITTO: Mr. Johnson, let me ask l 3 you, that teleconference on the 19th, who was the lead 4 person on that particular teleconference? Was it yourself i 5 or was it the plant manager, or were you taking turns as 6 far as discussions? 7 MR. JOHNSON: Mr. Cayle had the lead in that 8 discussion, and I cannot recall substantial input in that i 9 conference call by other members of the Point Beach staff. 10 Mr. Cayia explained the current plant conditions and he 11 explained the potential safety basis for the enforcement I i 12 discretion and then the discussion essentially included a 13 review of the NRC technical guidance that is used for 14 enforcement discretion options. And what I observed } j 15 during that teleconference, is the fact that many of.the t l 16 acceptance criteria that the NRC utilizes to approve i 2 17 enforcement discretion, were systematically being reviewed j. 18 one by one by the NRC staff and our Point Beach staff i 19 going to teleconference. 20 Jn fact, it was m' fairly uncomfortable I 21 position to be in because the NRC staff members were 22 actually.lreding the discussion through those 11 or 12 1 23 enforcement discretion acceptance criteria. So during ' 24 that teleconference, we were actually following in my - 25. mind, as I observed, the discussion that the-NRC was 'NEAL R. GROSS /, COURT REPORTERS AND TRANSCRISERS 1323 RHODE ISLAND AVE., N.W. (11012) 384 4433 WASHINGTON, D.C. 5100H701 4I02) 334 4433 ~v w-

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[ l' purcuing rcgnrding thoso 11 or 12 cnicrc: ment dicerotion-I 2 acceptance criteria.- And Mr. Ceyla was responding to the 3 best of his ability, two inquiries " rom the NRC staff that 1 4 were directly' associated with those 11 or 12 acceptance 5 criteria. 6 INVESTIGhTOR DEVITIO: Do you recall if Mr. 7 cayla made any kind of commitments relative to the e condition of the cross connect between the Unit 1 and Unit 9 2 component water cooling system? 10 MR. JOHNSON: To the best of my recollection, 11 Mr. Cayia did state that the plant would consider as a 12 compensatory: measure, the plant's capability to cross ~ 13 connect the CCW systems. And I believe Mr. Cayia's 14 response was made in response to an inquiry staff member 15 that asked him whether that capability existed, and I 16 believe Mr. Cayia responded affirmatively, that-yes, that 17 capability does in fact exist at Point Beach, and that we -18 were potentially considering it as a comphosatory measure. 19 ' INVESTIGATOR DEVITTO: Did he make any 20 comments relative to the conditions of the valves? 21 MR. JOHNSON: During that telephone discussion, there was no discussion whatsoever regarding 22 23 the condition of the CCW cross connech. valves. 24 INVESTIGATOR DEVITTO: I asked you this 25 question when I--called you initially, Mr. Johnson, NEAL R. GROSS cousneromans Anot wmensens taas nHo0E ISLAND AVE., N.W. 90E) 334 4433 WASHINGTON, D.C. s000H701 9 02) 334 4433 ~

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CIONATURt.: - v'h DATE: 'd / A 7 t( v

l dJ t I ralctiva to any concurrent paga, cnd you indic;tcd that 1 2 there wasn't. Is tnat still the case, that there's no way l l0 3 of determining who in fact concurred specifically on this 4 enforcement discretion? { 5 MR. JOHNSON:

  • ('m sorry, I'm not quite cure I 6

understand your -- 7 I!NESTIGATOR DEVITTO: Is there any formalized 8 way to determine who in fact concurred or signed off on 9 this particular document? Is there any audit trail? 10 MR. JOIDiSON: I am the only person who signed 11 of on thie doc ament. 12 I!NESTICATOR DEVITTO: So the drafters of the 13 documents, for example, you mentioned a Fritzy Flentje, 14 there would be no concurrence or no signing by her 15 officially that she had input into this document? 16 MR. JOHNSONi That is a fact. 17 INVESTIGATOR DEVI'ITO: So there's no way, 18 other than your recollection, to determine who in fact 19 contributed to this document? 20 HR. JOHNSON: To the best of my knowledge, the 21 working notes that were Provided te either me or Fritzy 22 Flentje from the teviewers, have been destroyed.

Meaning, 23 they were.not saved.

They were probably put in the 24 recycle bin as we worked to draft the letter on February 25 20th. NEAL R. GROSS coVRT REPORTERS AND TTTANSCR!BERS 1323 RHODE 8%AND AVE., N.W. (202) 2344 433 WASHINGTON D.C. 20005 3701 (202) 2344433 =

1 INVESTIGAMR DEVITTO: 20 that O prcctiC3 Ot 2 Point Beach, to destroy the documents? g 3 MR. JOHNSON: That's a very open ended i 4 question. What kind of documents? 5 INVESTIGATOR DEVITTO: The draft documents 6 that were used to come up with this particular enforcement 7 discretion. For example, Ms. Flentje's notes. s MR. JOHNSON: Let as point out that it is very 9 infrequent that such a letter is drafted requesting 10 enforcement discretion, and we.have no policy to the best =-- 11 of my knowledge, that requires us to maintain working 12 drafts of any document. Our procedures'only specifically 13 require us to maintain as a permanent record, the final 14 draft version. 15 (Nhereupon, E:ehibit 3 was marked 16 for identification.) 17 INVESTIGATOR DEVITTO: I'm calling your 18 attention to what I have marked as Exhibit 3, Mr. Johnson. 19 If you would examine that document please? 20 .Mave you seen this document previously? .21 MR. JOHNSON: Yes, I have. 22 IhMIGAMR DEVITTO: Can you tell me when? 23 MR. JOHNSON: This document was arought to my 24 attention sometime in the early. afternoon on Friday, 25 February 21, 1997. NEAL R. GROSS CoVRT REPORNRS AND TRANSCNSERS 13r1 RHODE ISLAND AVE., N.W. 904 3844433 4 WASHINGTON, D.C. 3DD0H7C1 9D8)3844433 A n~~.,...__.

g t 1 INVESTIGATOR DEVITTO: And wh3 brought it to 2 your attention? O 3 MR. JOlDISON: It was available to me at a 4 staff meeting that was conducted at 1300 hours on Friday 5 afternoon, February 21st, to the best of ny recollection. 6 INVESTJGATOR DEVITIO: Can you recall the 7 presenter of the document, the identity of that O individual? 9 MR. JOHNSON: To the best of my recollection, 10 there really was not a presenter. We conducted a 11 manager's supervisory staff meeting at 130C hours and a 12 component of the discussion that occurred during that 13 staff meeting was associated with issues dealing with the C, 14 emerging issues identified in this condition report. So I 15 don't believe I can tell you with certainty that a 16 specific individual brought it to my attention -- 17 INVESTIGATOR DEVITTO: Did you have a -- 18 MR. JOHNSON: -- or as you pointed out, 19 present.ed it to me. 20 INVESTIGATOR DEVITTCt Did you have any 21 discussions with Mr. cayla, eubsequent to that? 22 MR. JOHNSON: Subsequent to what? 23 INVESTIGATOR DEVITTO: The date it was 24 prasented to you on the 21st. 25 MR. JOHNSON: I had considerable discussions HEAL R. GROSS COURT REPORTERS NID TRANSCRIBERS 1323 RHoDE SL/.ND AVE., N.W. (202) 2344433

  • WASHINGTON,0.c. 200063701 (202) 2H4433 i

g { 1 with Mr. Caylo that of tornoon. As o mattOr of fCet, I !I 2 spent most of the afternoon with him, on February 21st. 3 INVESTIGATOR DEVITTO:. What did you df.scuss at t 4 that time? t 5 Mit. 00HNSON: Well, I think I can go through a 6 sequence of events, -if you don't 1 mind. 7 TNVESTIGATOR DEVITT0: Certainly. 8 90t. JOHNSON: At 1300 hours, the manager 9 supervisory staff convened in the front office conference 10 room. This staff meeting was essentially a routine t 11 meeting to update the staff on the status of the Unit 2 ~ 12 refueling outage. That meeting however, quickly emerged 13 as a discussion of the condition of the competsent cooling C 14 water pump and the service water pump, and a discussion of 15 whether we would have the capability of repairing those 16 pumps prior to the 2400 hours enforcement discretion titne 17 limit. 18 This Atem was also. discussed during that 4 19 meeting and the staff engaged in a brief discussion 20 regarding whether the enforcement discretion was continued 21 to be valid and-whether because of this issue, it would 22 prudent to even consider approaching the NRC to request 23 for an extension of the enforcement discretion beyond the l 2,4 2400 hour time limit that had been agreed to previous 1 25 Because we had committed to teleconferencing NEALR. GROSS count MeromRS AND TRMSCNSERS t tags RHoDElbLAND AVE N.W. 3 - pop ans.cas JwAsHustoN,0.c. anoos.s701 pas)ans.44as m

l 2i lt !{ 1 with th3 NRC Ct 1400 houro, we probably CD o Otoff, did 2 not have satisfactory time to fully address this emerging iO 3 issue prior to the 1400 hour conference call. At 1400 + 4 hours, Mr. Cayla, Mr. Fromm, and myself went to Mr. 5 Cayia's office and we participated in a brief 6 teleconference with NRC staff members. The primary 7 objectivu ?M thnt conference call was to update the NRC 8 regarding the status of the repairs to those pumps. 9 At that, excuse me, during that 10 teleconference, this issue was discussed and we 11 immediately realized that at the time of 1400 hour 12 conference call, the Point Beach staff had not had 13 satisfactory time to determine what remedies if any were 14 needed, or whether it would continue to be prudent and 15 warranted to ask for an extension of the enforcement 16 discretion time limit. 17 That teleconference ended at about 20 after 18 two or 2:30 p.m. and the manger supervisory staff 19 reconvened at about 1345. Excuse me, I left out a detail. 20 At the and of the 1400 hour teleconference with the NRC, 21 we advised the NRC that we would call them back at 1530 to 22 discuss the issue further. The manager staff reconvened 23 at 15, I'm sorry. The manager supervisory staff 24 reconvened at akproximately 1445, and for the following 45 25 minutes, most of our discussion was relevant to the issues NEAL R. GROS 5 coum'nEromnS ANDTRANSCNSERS 1333 RHoDE ISLAND AVE., N.W. tace) 334443. wAsHWGToN, D.C. EDOOHM1 SEM) 234 4433

I that wero id:ntificd in thic c:ndition rcport. 2 The staff, after what I thought was a very 0 3 challenging and aggressive discussion, concluded that 4 although we could not speak confidently that the CCW cross 5 connect valves were operable, the staff determined that 6 because the CCW pumps were merely offered up as a 7 compensatory measure, that the original safety basis 8 justification that was contained in our February 20th 9 letter, remained unchanged and continued to properly 10 characterize our inanager supervisory staff beliefs 11 regarding the desirability of staying in a hot shut down 12 condition. 13 MR. O'NEILL: Off the record for a second. N. 14 You mis-spoko. 15 (Nhereupon, an off the record 16 diecussion was had.) 17 MR. O'NEILL: Back on the record. 18 INVESTIGATOR DEVITTO: Okay. 19 MR. JOHNSON: What I intended to say 20 obviously, was the ccW cross connect capability as a 21 compensatory measure. Thank you for that. clarification. 22 The manager supervisory staff endorsed a 23 position that would cause us to withdraw that issue, I'm 24 sorry. Would cause us to withdraw the ccW cross connect 25 capability as a compensatory measure, but still pursue NEALR. GROSS t c00RT REPORTERS AND TRANSCRISERS ists RHODC ISLAND AVE., N.W. (202) 334 4433 4 WASHINGTON, D.c. 3000H701 9 02) 234 4433

c I with th3 NRC, an CxtCncien to th3 cnfere: ment durcticn, 2 the enforcement discretion duration time limit. O l 3 Based upon the manager supervisory staff 4 recommendation, we did in fact then have an additional 5 teleconference with the NRC staff at.1530, and during that s teleconference, we advised the staff that we would like a 7 36 hour duration extension to the enforcement discretion. 4 That teleconference probably lasted less than three to 9 five minutes,1md the NRC advised us that they would 10, consider our request-and respond te us inter that 11 afternoon or evening. 12 INVESTIGATOR DEVITTO: Okay. Prior to that 13 21st of February date at which titne you became aware of CI 14 this condition report, were you aware at any time prior to 15 that, that those particular cross connect valves had been 16 overtorqued? 17 MR. JOHNSON: I had no knowledge of those 18 valves potentially being overtorqued. Prior to actukily 19 seeing this condition report and prior to discussing the issue at the 1300 hours manager supervisory stuff meeting 20 21 on February 21, 1997. 22 INVESTIGATOR DEVITIO: Were you present at any 23 of the morning staff meetings that had taken place on the 24 19th or 20th, 6:45 I believe, a..m., staff meetings? 25 MR. JOHNSON: Can you clarify which staff NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 13EB rho 0E ISLAND AVE., N.W. 900)3S44433 --WASHINGTON, D.C. 30006 4701 (sIE) 3S44433

1 me ting y;u'rc tolking cbout? 2 INVESTIGATOR DEVITTO: I don't know if it has l i 3 a specific name. 4 MR. MCMURTRAY: I think it's spt.cifically the 5 daily plan meeting, the update meeting. 6 MR. JOHNSON: 'I can say with certainty, that I 7 did not attend the 6:45 a.m. daily plan update staff a meetings that occured either on February 19th, 20th or 9 21st. 10 INVESTIGATOR DEVITTO: Is that the type of 11 meeting that you generally would not attend? 12 MR. JOHNSON: I send my representative to that 13 meeting. My representative at that meeting is Mr. Terry 14 Guay. And I can't recall having attended those 6:45 15 meetings on a regular basis within the last month. I used 16 to attend them routinely while I was managing the steam 17 generator replacement project, but during the last month 18 or so, I have not routinely attended them. 19 INVESTIGATOR DEVITTO: Did you ever have 20 occasionito talk to Eric Ziller during that time period? 21 MR. JOHNSON: Can you define which time period 22 you're talking aboat? 23 TNVESTIGATOR DEVITT0: The 18th, 19th, 20th or 24 21st of February. He's the shift outage coordinator. 25 MR. JOHNSON: I can't say with great HEAL R. GROSS COURT REPoRTUtB AND TMNSCRIBERS 1323 RHODE ISLAND AVE., N.W. 9 02) 2344433 .wAsHWGToN, D.C. 2000H701 M 2344433 .i si

1 In 1 cartcinty, but I belicvo it eso probably cith:r en tho 2 18th or the 19th of February, that I asked Mr. Eiller for 3 his advice. As we were considering the possibility of an 4 enforcement discretion, I thought that Mr. Eiller would 5 provide a good input to that decision and I can vaguely 6 recall that I may have asked Mr. Ziller what he thought 7 would be the safest position for us to keep the plant in. 8 And I believe Mr. Ziller's response was that he supported 9 keeping the plant in a hot shut down condition, and again, 10 to the best of my recollection,.I believe such a brief 11 discussion occurred on February 18th. 12 INVESTIGATOR DEVITIO: Did he ever mention that he felt that the position of those valves, that they 13 C-14 were overtorqued? 15 MR. JOHNSON: He did not, in any capacity, 16 describe to me his potential concern regarding the 17 condition of the CCW cross connect valves during any 18 discussions I had with him prior tc. February 20th of last 19

week, 20 INVESTIGATOR DEVITTO:

What about any 21 discussions with Mr. Robert Harvey, relative to that 22 situation, specifically this condition report I have 23 marked as Exhibit B? 24 MR. JOHNSON: I don't recall have any personal 25 direct discussions with Mr. Jiarvey any time during the NEAL R. GROSS . COURT REPORTERS AND TRANSCNBERS 1323 RHODE ISLAND AVE., N.W. 9 02) 234 4433 WASHINGTON, D.C. 30006 3701 (202) 2344433 ~~~' - ~~

7._ _ _ _. 32

)

1 we k of F bru ry 17,.1997. !i 2 g 2NVESTIGATOR DEVITTO: Okay. Hr. McMurtray? J 3 MR. MCMURTRAY: I just have two questions. i 4 EXAMINATION l 5 MR. MC34URTRAY: The first one was, you met 6 through the time line of the review pretty much, that had j 4 7 took place on the 20th of February. There was no other e individuals of manager supervisory staff that reviewed that do'c'ument,at all, other than, well Mr. Cayin you 9 'j 10 mentioned, and Terry sullivan looked at that. J 11 MR. JOHNSON: Yes, sir, that is a fact. The j 12 individuals that I described earliers to the best of my i i 13 recollection, were the only ones to review and comment on i C/ 14 the draft letter. 15 MR. MCMURTRAY: Okay. And my second question i 16 fs, did Mr. Cayla at any time during any of his taviews 17 that he had on the 20th, mention at all this issue about 18 the condition report of the CCW cross connect issue at 19 all? 20 MR. JOHNSON: No, mir, he did not. 21 MR. NCMURTRAY: -Okay. That's all I've got. 22 MR. O'NEILL: One question if I could. 23 Mhat was the deadline for the February 2?.h-24 letter that is Exhibit A? 25 MR. JOHNSON: The deadline, John, I believe NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1313 2400E #8 LAND AVE., N.W. + (l20E) 8344433 4WASHNGTON, D.C.1000H701 (BCE) 3344433 gie & 2.Or M*uum h -w ,-+v-w w ,y-- + ,.-e--,,,e-,, -,,..,,, -. -, --..e-.,y_.--., .--mm.,,w w r,,w w m .v.w. -w ..__i,,y-, ,,v w.---

1 th3 NRC policy requiros th:t th3 lotter be pr vid:d to tho i 2 NRC within 24 hours upon receiving verbal approval of the O 3 enforcem2nt discretion. However, during the 4 teleconference we had with the NRC staff on the evening of 5 February 19th, we committed to having that letter to them 6 by 1600 hours on February 20, 1997. So that is the 7 deadline that I working to. 8 MR. O'NEILLt That's all. i 9 INVESTIGATOR DEVITTO: Okay. Mr. Johnson, 10 have I or any other NRC representative here threatened you 41 in any manner or offered you any rewards for this 12 statement? 13 MR. JOHNSON: No, sir. 14 INVESTIGATOR DEVITTO: Have you given thin 15 statement freely and voluntarily? 16 MR. JOHNSON: Ye::. sir. 17 INVESTIGATOR DEVITTO: la there anything 18 further you care to add for the record? 19 MR. JOHNSON: No, sir. 20 INVESTIGATOR DEVITTO: Okay. Thank you for 21 your time and we certainly hope you feel better, Mr. 22 Johnson. 23 (Whereupon the hearing concluded at 4:30 p.m.) 24 25 NEAL R. GROSS / CouRTREPoRTERS ANDTRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. 902) M 4433 WASHINGTON D.C. 200053701 9 02) 234 4433 - ~. -. -..

} 'Q. CERTIFICATE This is to certify that the attached Proceedings before the United States Nuclear Regulatory Commission in the matter ofa Name of Proceeding

  • INTERVIEW OF DOUGIAS F. JOHNSON Docket Numbert N/A t

Place of Proceeding TWO RIVERS, WISCONSIN were' held as.herein appears, and that this is the original transcript thereof for the file of the United states Nuclear j Regulatory commission taken by me and, thereafter reduced to i typewriting by me or under the direction of the court reporting company, and that the transcript is a true and l accurate record of the foregoing proceedings. RON ImGNANT l Official Reporter Neal R. Gross and Co., Inc. i-NEAL R. GROSS couararmnas AwoTaAnscamcas 1333 aHODE N!AND AVENUF,NW 9 02)334 4433 WAEMNO7oN,DA 20003 0 02)234 4433 --,,*c- --m. ,.,.6. .ve,---.,.--+c-,.,-r,- ,-,...-e-.-, ,.,,---,-,-,-,w.,--,s.v---,y-.,.--w,.. ,-,r.-.,e,,-

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