ML20199D101
| ML20199D101 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 01/21/1997 |
| From: | Teator J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | |
| Shared Package | |
| ML20199C790 | List: |
| References | |
| FOIA-97-365 NUDOCS 9801300141 | |
| Download: ML20199D101 (3) | |
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C c EXHIBIT 43 9801300141 980128 PDR FOIA HICKEY 97-365 PDR Inictmaticn in this re:cM was dW!cd in accordance whit the FrerJom at inicrniation
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1 Case No. 1 96 005
, Exhibit 43 67@j OCDl L! {
.L INTERVIEW REPORT 0F C- DAVID HOUDE On January 21, 1997. HOUDE was interviewed by the reporting agent. The interview was conducted under oath at the Govemor Hunt House, Vermont Yankee Nuclear Power Plant (VY), Vernon W. HOUDE was represented during the interview b) J. Patrick HICKEY, Esquire, Shaw, Pitman, Potts & Trowbridge, 2300 N Street N.W., Washington, D.C.
20037 1128. HICKEY's office teletone ntaber is (202) 663 8103. HICKEY stated that he represented HOUDE and (Y during the interview. HOUDE stated that it was his choice to have HICKEY represent him, end he tmderstood that HICKEY represented other parties involved in the ir;vestigation. HOUDE stated that he was not under any pressure from VY management to have HICKEY represent him. HOUDE provided the followi infonnation regarding an allegation that former VY employee James ( was discriminated a design change for the VY AdvanceOff (gainst because Gas System he had raised concerns wW e (ADGS).
AGENT'S NOTE: HOLEE is mentioned by Pat CORBETT (MASSEY's supervisor) in MASSEY's " Written Notification of Una table Job Performance,"
dated Wovember 15,19W(attached). criticized MASSEY in the memorandum for failing to manage contractors (HOUDE) assigned to the project.
HOUDE was
( el at t His Social Secur a
His offi t 5602. His drivers cense identification number i
! HOUDE had been loyed by Merctry Company of Norwood, Inc. (Mercury), for thirty years, reximately three years ago, Mercury was w rchased by Fischbat.h Power rvices. Inc., and he has worked,for Fisctach since then. ' -
- He hds been employed as a contractor at VY on and off since 1974. He has been -
a full time employee at VY since June 1994. He is currentl Engineer. His supervisor is Fischbach VY Project Manager, y a SeniorRichard .
KLEIN.
HOVDE stated that Michael TROELEY (who at the time was his supervisor) assigned him to write the mechanical engineering mrtion of.the -Installation and Testing Procedure (I&T) for the ADGS design ciange project. He did not
~ have any resmnsibility for the electrical engineering portion of:the I&T or -
-- des 113n. HOUE stated that before he was able to begin working on his portion of tu I&T, TROWLEY told him to stop his work on the I&T because~the A0GS .
design was not approved, and that the funding for the project had 1Gn out. He did not have any discussion with Pat CORBETT about the I&T procedure or the ADGS design change.
HOUDE said that he did not engage in any conwrsaticas with MASSEY, Fischbach contractor Rick ROUTHIER, or Yankee Atomic Enc Company (YAEC) Engineer Lou
.( CA%Y about any problems or work being performed on it. blaints that the had with the project or the did not tel him that he felt that he had been harassed or discriminated against for raising concerns with the A0GS EXHlBIT N CRNO. 1-96-005' 7[ PAGE / _OF_$._PAGE(S)
design change.
HOUDE said that un until the date (nfi) when the project was canceled. he said '
that he still had' time to procure the required materials to successfully complete his part of the I&T. He added that the A0GS design change project was not the only project that he was assi d during the 1995 refuel outage that was cancelled. 9 Repor x I~ ~ '
0 Jeffrny A'. Teator, Special Agent
- Offied of Investigatiets Field Office, Region I
Attachment:
As stated
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C W Case No. 1 96 005 2 EXHIBIT Yb
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VERMONT YANKEE ,t NUCLEAR POWER CORPORATION O
. Ferry Road, Brattleboro. VT 05301 7002 ,
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(OC2) 257 5271 November 1,1996 1
Dear Jim:
This letter is to follow up on my letter to you of October 22,1996. In that letter I asked you once again to sign and retum the form necessary to determine your employment C~ status. I advised 900 to retum the form by October 31,1996, or face termin-stion of your employment. I also spoke with you on October 25 an : in spite of my urging, you repeatedly stated that you would not retum the form, t<
Jim, I very much regret that you have chosen not to respond to Vermont Yankee's inquiries about your employment status. As I have stated many times before, I am sympathetic to your problems and hope you can recover.,However, that doesn't change , ,
the fact that the company cannot indefinite y maintain on its payroll an employee who _
has refused to comply with minimal company leave requirements. Therefore, as I advised you in my last letter, your employment is terminated effective today, November :
1,1996. I am sorry it has come to this.
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The remainder of this letter contains information about the termination of your benefits.
I wish you success in solving your problems and if you have any fuither questions about __
the termination of your employment, I encourage you to contact the Human Resources Department. Your persona! items, if any, will be boxed and sent to you. U .
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As of November 1,1996 the medical and dental coverage provided by Vermont Yankee ends. You will receive separate notification within fourteen days from Employee Benefit Plan Administration, Inc. of your option to continue the cbverage for up to 18 months by paying the full cost plus an administrative chargs.
G Your group term life insuranco and disability coverage also terminate on November 1, 1996. If you wish to convert your group term life insurance to an individual life policy EXHlBlT N cetE. 1-96-005' 7c,ggyhg pges / _OF Y PAGE(S)
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Youuost Yami:. Ni rt. Eau Pow tu Conrow grun
( E. James Massey November 1,1996 Page Two 775-7189 within 30 days. Disability coverage .
) may no You may maintain your WM=%n in the 401(k) pian until retirement you may not make any additional m hutions to the plan. Altematively, you ,
to withdraw the funds. A rollover into an individual IRA o is permitted withdrawal. I am enclosing information and forms from Vanguard shou roll over any or all of your account balance into an IRA. Any question Vanguard account may be directed to their Participant Sedes Re i 523-1188. 'All for~ms should be retumed to Vermont Yankee.
Your accrued benefit from the Pension Plan will be calculated sarly in concerning' then, retirement please contact sent to Susan Holenquist.' you. If you would like to begin receiving pay More detailed information on the termination of your benefits can be Summary Plan Descriptions. Again, if you have questions you may also Resources.
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5 ely, Jon Orris Director of Human Resources
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. . VERMONT YANKEE NUCLEAR POWER CORPORATION 1
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) Ferry Road. Brattlecoro. VT 05301 7002 l .
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(802) 257 5271 October 22,1996 s
Dear Jim:
I am writing you in yet another attempt to secure your compliance with Vermont Yankee's lea.e procedures. .I don't understand your refusal to sign and return a routine release and yc: r refusal even to respond directly to my letters. I sincerely hope that you reconsider ye' r approach.
As you know, we have been attempting to get you to comply with Vermont Yankee C es MsincelastJune_
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. . . .- onsequent:y.
.y ; e: . : te. . . , ex - . . e c rien . . . s . . -t letter, I again gd you to sigrt_
the release form which was enclosed. I received no reply from you.
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After hearing nothing from you, I wrots to you again on July 16. In that letter, i plained again that you could not be paid unless you signed the form. I emphasized the need for ycu ic communicate with us in some fashion. Still, you failed to reply. Therefore, I wrote you again by letter dated July 23. By that time, I thought that, based on your failure to contact Verment Yankee, you were no longer interested in returning tc ' work, and explained your separaticn benefits.
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E. James Massey Octccer 22,1996 Page 2
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Shcrtly thereafter I received a call from your atte'mey. I did repeat to him that ycu only needed to sign the form and retum it to me. Your attamey indicated that you would de so. However i your attomey later submitted a form which you altered in such a way as to nullify the effect of the release. When this alteratien was pointed out to your attomey, he promised to secure an unaltered release from you. That promise remains unfulfilled.
After hearing nothing from you for many weeks, you have recently communicated with Jay Thayer. I encouraged Jay to meet with you in hope that the situation coulo be resolved.
Despite several discussions between you and Jay, par situation has not been clarified. In fact. K ycu further confused your st sb submittin another release which was altered to While I 'il f I s mpathetic to your problems, your situatio m t e clarified.
convenience, I have enclosed an additicaa .crm you.
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Because of your repeated refusals to sign the routine form, your employment status has been uncertain. Simply signing tne form will enable us to G(f dete;Tnine your status. You have until October 31,1996 to sign and retum the forrt, without alteration. Failure to comply with this request will result in your termination.
Jim, I'm so ' 's coming down to this. b You have b in com our precedures in hope -
you would come around.
Sincerely, Jon Orris -j
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Enclosure C
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VERA10NT YANKEE , _ _ . - -
NUCLEAR POWER CORPORATION Ferry Road, Brattfecoro. VT 05301 7002 y .
(te2) 257 s271 August 7,1996
Dear Tun,
I am in receipt of David Gibson's August 6,1996 letter to cur anorney. On physician (s) supporting the contention that you have b 21, 1996 Accordin: to Mr. Gibson's leuer, you are seeing several physicians all of whom .
provide included with the my informatir, Augtut . described on the weekly disability income claim form. N 1996 correspondence. Another one accompanies this letter as well.
{ To determine your status for pay and/or employment purposes, Vermon d:saoility income claim form which containt a release of information authorizat your physician (s) as to your condition. Completion of this form allows Verm that you have successfully completed allh recommended by your various e car providers completion and that you are indeed fit to return to work. Included here is informati ofyo I have stated several times in earlier t
. to any discussion of your return to work. correspondence, this mformanon i In addition, I want to point require to release madimi out that yot should provide your care providers w
- n. You sent me, via copied portion of a re!
attorney, what appears to be a photo g I am returning this to you as it is not our property, and as such, is no .
Jim, as we cannot pay you at this point, not even determine if you are an emploiec w M information
. soon as possible. we have been requesting, ! ask you to please complete the forms and ge
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Again, if you br.ve any questiam on what to do or how to do it, give me a call.
ly. ,
M Jon Orris Director of Human Resources EXHIBIT
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! VERMONT YANKEE
. NtJCLEAR POWER CORPORATION l
. Ferry Road, Brattleboro.VT 053017002 V, .
(802) 2s7 s271 August 1,1996 Mr. E. Janas Massey
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Dear Jun,
I received a copy of your disability claim form today. However, the form has not been completed by your attending physician. It a!so appears that your physician will be unable to provide the requested information since the authorization section has apparently been lined out. .
Obviously this disability claim form is worthless since it contains no medical information.
(' As I stated in my letters to you on July 16 and July 23, we require medical evidence from your physician (s that have beenunable to work s' 21,1996. Disabili claim forms were I
4 nt ou I repeatedly asked you to comp ete them. This did not happen. tocay you ve not rentrned to work, explained why you have not returned to work, made any contact with me, explained why you have not contacted me, or provided any proof of your medical situation. I therefore have no basis for determining that you remen an employee.
Without the re ted medical evidence, do not e to receive any sick p l If you have any questions about this correspondence you should util. Since Vermont Yankee does not deal with employees' anorneys on normal day-to-day work issues, I again ask that you contact me directly. Also, enclosed is another disability claim form. I encourage youJacomplete _
the form without alterations. - 7 e
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- Sincere -
o on Orris
( Director of Human Resources EX IBIT
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. . Vis,RMONT YANKEE *
. NUCLEAR POWER CORPORATION Ci. '
Ferry Road, Branleboro, VT 05301-7002 V -
(802) 257 5271 July 16,1996 -
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Wr. E. James 5dasse
Dear Jim,
I am addressing this letter but a enpy is being sent to your hcme as well.
{. We are aware you went nor responded to two letters requesting medical information, we do not know your whereaoouts.
-June 21rbut since-you have not contacted us As you know, the monthly payroll period ended on July 15. Your supervisor, Pat Corbett, has submi a times went t on your behalf dowing that you were at work June 17-21. He knows you q(,
n June 21, but cannot account for your time since then. We would like to pay you for the time you have not been at work, but without some evidence that you are under treatment by a physician for a medical condition that keeps you from working, we cannot do so.
We need you and your physician to complete the disability claim form mailed to you in hne.
Alternauvely, you may have your doctor call me or write to me.
Please contact me immMintely and let me know your intentions so diat your regular pay check issued July 25 will not be affected. -
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j Sincerely, ;
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W Jon Orris .
Director of Human Resources G
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. VERMONT YANKEE
. N CLEAR POWER CORPORATION Ferry Road, Brattleboro, VT 05301-7002 (802) 2r 5271 June 25,1996
Dear Ttm,
I hope you are feeling better.
His letter will confirm our conversation and the events of last week as well as speci*y the
( Conspany's expectations regarding yourl ecovery. I am setting it in wTiting to
\. avoid misunderstanding. If anything remdns at the end of the letter, please contact me by telephone immediataly.
As you discussed with me and others, your health, your job performance and your general well-being have suffered greatly in recent months. Because we do not want anything to impede your abili trantmant and recover, Vermont Yankee will pay for the entire cost of your stay t subjecting you io the limits that wodld ordinani be
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. msurance.
C Jim, as I said when we net last week, your health is of pnmary importance to all of us.
Vermont Yankee is willing to support you in whatever way it can to help you through this crisis,
{ but we need an equal commitment from you.
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u.x,.o.si u s u.i.. w a..sa P os i.a c o.w o in,,,
If I can answer any questions or be of any other assistance to you, please do nct hesitate to co
. Wi61n 6e next few days we will be requesting an assesstr.entg@ 7 g
(. so we need you to sign 6e necessary release.
o' y, Jon Orris
- Director of Hoaan Resources 9
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