ML20199L652

Transcript of 950227 Interview of AC Taylor in Hancocks Bridge,Nj.Pp 1-14

ML20199L652
Person / Time
Issue date:	02/27/1995
From:	NRC OFFICE OF INVESTIGATIONS (OI)
To:
Shared Package
ML20199L462	List: ML20199L503 ML20199L634 ML20199L652 ML20199L695 ML20202D054 ML20202D097 ML20202D128 ML20202D133 ML20202D149 ML20202D169 ML20202D175
References
FOIA-97-325 NUDOCS 9712020079
Download: ML20199L652 (16)

Text

'

] l 1 UNITED STATES OF AMERICA l 2 NUCLEAR REGULATORY COMMISSION 3 +++++

4 OFFICE OF INVESTIGATIONS 5 INTERVIEW 6 ---------------------------------~x 7 In the Matter of:

8 INTERVIEW OF  : Docket No.

9 A. CAROLYN TAYLOR  : (not assigned) 10 ----------------------------~~~---x 11 Monday, February 27, 1995 12 13 Second Floor 14 Administration Building 15 Nuclear Business Unit 16 Public Service Electric & Gas 17 Company 18 19 Hancocks Bridge, New Jersey 20

& E O' 21 The above-entitled interview was conducted 5

• " 22 at 2:27 p.m.

s<,

N I @g 23 BEFORE: ,

I W u.

O N 24 KEITH LOGAN, Esquire 65 25 4

NEAL R. GROSS COURT PEPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE. N W

. (202) 2344433 ' WASHINGTON. D C. 20005 (202) 2344433 071309W'h,' is W

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

3 i

1 APPEARANCES:

l I

3 KEITH LOGAN, Investigator  !

4 KRISTIN MONROE, Investigator 5 United States Nuclear Regulatory Commission 6 Office of Investigations '

7 475 Alle'ndale Road B King a! Prussia, Pennsylvania 19406 9

10 MARK J. WETTERP.AHN, Esquire 11 KATHRYN M. KALOWSKY, Esquire 12 W4.nston & Strawn 13 1400 L. Street N.W.

14 Washington, D.C. 20005 15 16 17 18 19 20

-21

-22 23 24 25 NEAL R. GROSS COURT 1 PORTERS AND TRANS0*BERS -

1323 RHODE ISLAND AVENUE. N W.

- QO2) 2344433 WASHINGTON. O C. 20005 QO2) 2344433

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

. p 1 PROCEEDINGS l l

2 2:27 p.m.  !

i 3 Whereupon, 4 A. CAROLYN TAYLOR ,

5 having been first duly sworn, was called as a witness  !

6- herein, and was examined and testified as follows:

7 MR. LOGdN: Miss Taylor, my name is Keith  !

8 Logan and I am an investigator with.the U.S. Nuclear 9 Regulat.ory Commission, King of Prussia, Pennsylvania.

10 With me Today is Ms. Monroe.

11 MS. MONROE: I am Kris Monroe, I am also an 12 Investigator with the Office of Investigations, NRC.

13 MR. LOGAN: Thank you. Ms. Taylor, would you i 14 please state your full name for the record, spelling your 15 last name?

16 THE WITNESS: A. Carolyn, C-a-r-o-1-y-n, 17 Taylor, T-a-y-1-o-r.

18 MR. LOGAN: And you are appearing today with 19 counsel?

20 THE WITNESS: Yes, I am.

21 MR. LOGAN: Mr. Wetterhahn?

22 MR. WEYTERHAHN: Good afternoon, my name is 23 Mark J. Wetterhahn with the firm of Winston & Strawn, 1400 24 L. Street, Washington, D.C. 20005.

25 With me is Kathryn Kalowsky, also with the NEAL R. GROSS CCr>RT REPORTERS AND TRANSCMIBERS '

1323 RHODE ISLAND AVENUE. N W.

(207) 234 4433 W ASHrNOTON, O C. P000$ (202) 234 4433

4 l

t 1 firm. As you know, we reprocont Public Service Electric &

2 Gas Company, Ms. Taylor and a number of other of the 3 individuals whom you have interviewed regarding the matter 4 of Mr. Lashkari.

5 MR. LOGAN: Ms. Taylor, you are aware the Mr.

6 Wetterhahn does represent other individuals as well the

? Corporation in this matter?

8 THE WITNESS: Yes.

9 MR. LOGAN: And it is still your desire to 10 have him here today as your attorney?

11 THE WITNESS: Yes, and Kathryn.

12 MR. LOGAN: Thank you.

13 BY MR. LOGAN:

24 O I would like to first, if we can, wha is your 15 position with PSE&G?

16 A Off Site Safety Review Engineer.

17 O What is an Off Site Safety Review Enginecr?

38 A I am group head of the Off Site Safety Review.

'19 We are tasked w3*.h the Tech Spec requirement of doing 20 independent verification of U.S. Review determinations, 21 evaluations, investigations.

22 Q And who do you report to?

23 A The Manager of Nuclear Safet.y Review.

24 Q And who is that?

25 A Bruce Hall.

NEAL R. GROSS {

COURT Rf PORTERS AND TRANSCRIDLAS 1323 RHCOE ISLAND AVENUE. N W (202) 234 4433 WASHINGTON D C 2000$ (702) 2344433

I 1 Q Who do3c Mr. Hall rcport. to?

2 A Jeff Benjamin, Director, QA and SR.

3 Q Are you f amiliar with an individual name# 4

,A 4 Charles Chandra Lashkari?

5 A Yes.

6 0 When did you first become aware of who Mr.

7 Lashkari was?

8 A About a year ago, 9 Q What brought to you attention Mr. Lashkari's k

10 name?

11 A He gave me a phone call.

12 Q About what?

13 A I was HPES Engineer at the time.

14 Q I'm sorry, HP --?

15 A ES, INPO's Human Performance Enhancement 16 , System Program.

17 Q Okay.

18 A He called me for information.

19 Q About?

20 A About an evaluation I performed about a NUCON 21 Insulation problem on a pressurizer 22 0 What was he asking with regard to information 23 about that item?

24 A What the results of my investigation were and 25 what recommendations I made.

NEAL R. GROSS

. COURT REPORTERS AND TRANSCRIBERS 1323 RHOCE ISLAND AVENUE. N W.

(202) 254M33 WASH:NGTOri. D C. 20005 (202) 234 4 33

r l

1 0 What did you tell him?

2 A I promised to send him a copy, and I did -- of 3 the report.

4 0 What timeframe was this?

5 A About a year ago.

6 0 Does that report have a number, or caption, or 7 title?

8 A I can't recall the report number offhand.

9 Q Does it have a title?

10 A HPES evaluation of a NUCON problem. That is a 11 simple title.

12 0 When was the next time you talked to Mr.

13 Lashkari or heard about Mr. Lashkari, or had contact 14 regarding Mr. Lashkari?

15 A Through Jeff Benjamin.

16 0 What happened?

17 A Jeff provided me a copy of correspondence that 18 Charlie Lashkari sent to the Chairman, NRC.

19 0 What did Mr. Benjamin say to you?

20 A He asked me to take a look at it and 21 investigate the allegations and develop a scope proposal.

22 0 Did you do that?

23 A Yes.

24 0 You developed a scope proposal. What is a 25 scope proposal?

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N W (202) 2344433 WASHINGTON. O C 20005 (202) 234 4433

. T 1 A An outline of how I was going to conduct the 2 investigation.

3 Q Do you recall what it was that you were going 4 to investiga';e?

5 A About 30 different allegations, some in the 6 Management issue area, some in th.e Technical issue area.

7 Q Did any of those allegations concern 8 discrimination against Mr. Lashkari?

\ 9 A Yes.

10 Q Do you have a copy of your proposal with you?

11 A No.

j 12 MR. LOGAN: Mr. Wetterhahn, can we have a copy 13 of that?

14 MR. WETTERHAHN: I'll have to review it. As I 15 mentioned before we went on the record, the investigation,

< 16 as I understand it, at the behest of Mr. Benjamin, was in 17 turn at the request of the Legal Department of Public 18 Service Electric & Gas Company in preparation for a 19 parallel proceeding filed by Mr. Lashkari before the 20 Department of Labor involving his claims that he was 21 discriminated against and as such, that would be 22 attorney / client work -- that would be attorney work 23 product. .

24 But I will review it to determine whether it 25 is indeed work, product.

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N W (202) 234 4433 WASH!NGTON. D C 20005 (202) 2344433

I 1 MR. LOGAN: So Ms. Taylor, whct you are ocying 2 is that you were working for Mr. Benjamin and Mr.

3 Wetterhahn, what you are indicating is that Mr. Benjamin 4 was, in fact, working for one of the er.corneys with PSE&G?

5 MR. WETTERHAHN: That is my understanding 6 MR. LOGAN: Do you know which attorney that 7 was?

8 MR. WETTERHAHN: It would be either Mr.

9 Richard Fryling or Henry Sangiacomo.

10 MR. LOGAN: Now are you claiming work product 11 with regard to all of the work that Ms. Taylor has done 12 then?

13 MR. WETTERHAHN: At this point, I would have 14 to go on a question and answer basis, but probably most of 15 the work would be turning work product, yes. As is my 16 understanding, that is correct during the pendency of the 17 proceeding.

18 MR. LOGAN: So you are claiming 19 attorney / client work product privilege with regard to Ms.

20 Taylor's work including the analysis that she has prepared 21 regarding the allegations made by Mr. Lashkari?

22 MR. WETTERHAHN: That is correct.

23 MR. LOGAN: So that would include anything 24 that she has done with regard to Mr. Lashkari's 25 allegations? I am just trying to understand the scope of NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N W (202) 234 4433 WASHINGTON. D C 20005 (207) 2344433 i

5' i 1 your --

)

2 MR. LOGAN: As far as -- that is correct, as 3 far as the substance, that is correct.

4 BY MR. LOGAN:

5 Q Was it your understanding that you were 6 working as the agent of one of the attorneys for th6 7 Corporation?

8 A Yes.

9 BY MS. MONROE:

10 0 At what point did you have that understanding 11 that you were working for one of the lawyers?

12 A When Jeff Benjamin made the assignment. He 13 told me who his client wau.

14 BY MR. LOGAN:

15 0 Who did he tell you his client was?

16 A Dick Fryling.

17 0 Is it normal that you work for the attorneye, 18 or that Mr. Benjamin works for the attorneys in this case?

19 BY MR. WETTERHAHN:

20 0 Can you tell what is nocmal or net --

have you 21 ever worked for an attorney in the same client framework?

22 A No.

23 EY MR. LOGAN:

24 0 And you are working with regard to the 25 Department of Labor matter that these attorneys were NEAL R. GROSS COURT REPORTERS AND TRANSC3ERS 1373 RHOOE ISI AND AVENUE, N W (20?) 2344433 WASHINOTON. D C 2000*> (202) 734 4433

. 10 -

t =1 working on; is that what I understend?

2 A I am reylewing all of the allegations; 3 . technical, management, including the Department of Labor 4' .and EEOC, all of the allegations.

5 Q I guess I am trying to understand.

6 MR. LOGAN: Mr. Wetterhahn, would you sAy that 7 that is because Mr. Benjamin was tasked by Mr. Fryling to 8 look into Mr. Lashkari's allegations, tnat all of the work 9 that Mr. Benjamin is. doing is then attorney / client -- is 10 work product?

11 MR. WETTERHAHN: Yes, it is requested. All 12 those related to the -- a pending proceeding and while the 13 proceeding, as I understand.it, is still pending before 14 'the Department of Labor PSE&G makes that claim.

15 MR. WETTERHAHN: And to your knowledge, this 16 is,till a pending matter with the Department of Labor?

17 MR. WETTERHAHN: That is correct. As I may 18' have mentioned to you that there are some settlement 19 proceedings ongoing, but they have not resulted in a 20 settlement of this proceeding.

21 BY MR. LOGAN:

22 O And the analysis, Ms. Taylor, that you are 23 doing is related to Mr. Lashkari's Department of Labor 24 claim in that it is work product in preparation of 25 litigation?

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHOOE ISLAND AVENUE. N W.

(202)1344433 WASHINGTON, D.C 20005 (202) 234 4433

1]

1 A Yoo.

1 2 BY MR. WETTERHAHN:

3 Q Is that your understanding?

4 A That is my understanding.

5 BY MS. MONROE: .,

G Q May I just -- I am a little confused here, I 7 thought when Carolyit got the request from Mr. Benjamin, a 8 letter came from Mr. Lashkari to the Chairman of the NRC; 9 is that right, is that how it started?

10 A The first report started that I was asked to 11 review.

12 O When did Mt. Lashkari go to the Department of 13 Labor and when would that have started? I mean was there 14 a time lapse between when Mr. Lashkari wrote to the 15 Chairman and when Mr. Lashkari wrote to the Department of 16 Labor?

17 A That is correct.

18  ; So --

19 BY MR. WETTERHAHN:

20 0 What is that timeframe, Ms. Taylor, do you 21 recall when he .ield with the Department of Labor?

22 A If I recall, I believe the letter went to the 23 Chairman of the NRC in August and the Department of Labor 24 in October, 25 BY MS. MONROE:

NEAL R. GROdS

. COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUC, N W (202) 2344433 WASHINGTON. D C 20005 (202) 234 4433

1:

1 Q And you cpoko to Mr. Bcnjcmin when?

2 A January 5th when I received the assignment.

3 O Okay, you got the assignment January 5th of 4 '95?

5 A That is correct.

6 Q Okay, I wasn't clear when you got the 7 assignment. Okay, t' hanks.

8 MR. LOGAN: Well, then we would still make the 9 request for your scope and your proposal and your outline 10 as to what you were investigating and I'll put that on the 11 record, Mr. Wetterhahn.

12 MR. WETTERHAHN: Are you making formal 13 request?

14 MR. LOGAN: I am making formal request.

15 MR. WETTERHAHN: As soon as I get back to the 16 office and discuss with Mr. Fryling a response, we will 17 respond formally by letter.

la MR. LOGAN: Okay. Then obviously, it is our 19 desire to discuss that with you.

20 MR. WETTERHAHN: Okay.

21 MR. LOGAN: Based on what you have said on 22 behalf of the Corporation, Mr. Wetterhahn, you are 23 invoking attorney / client privilege and it is rather 24 difficult for us to -- attorney / client work product?

25 MR. WETTERHAHN: Slash / work product, yes.

NEAL R. GROSS COUAT .4EPORTERS AND TRANSCRIBERS 1323 RHOOE ISLAND AVENUE, N W l (202) 234 4433 WASHINGTON. O C 20CM (202) 2344433 l

!. 1:

1- MR. LOGAN: So it 10 rath3r difficult or 2 nearly impossible for us to continue with these questions 3 on that basir.. I think you have cloaked everything at 4 this point.

5 MR. WETTERHAHN: Well, I don't know what you 6 were going to ask, but --

7 MR. LOG $N: I was going to ask about Mr.

8 Lashkari's claims, the substance of them, the preliminary 9 conclusions, several technical issues that you have looked 10 into and if all of those issuea are such that --

11 MR. WETTERHAHN: Okay. Given your proffer, I 12 would agree that it appears that questions related to the 13 investigation, preliminary conclusions, how it was 14 conducted, what she was told during the investigation, 15 would fall within the attorney / client --

16 MR. LOGAN: What she was told, what her 17 directions were and so furth as they would relate to what 18 Mr. Fryling has told Mr. Benjamin, and what Mr.

19 Benjamin,in fact, told her.

i 20 MR. LOGAN: I would agree, that would full 21 within the privilege.

22 MR. LOGAN: That is what you are claiming?

23 MR. WETTERHAHN: ,That is what I am claiming 24 and will respond to your request formally as soon as we 25 can. ,

NEAL R. GROSS COURT REPORTER $ AND TRANSCRCERS 1323 RHOOE ISLAND AVENUE, N W (202) 2h4433 WASHINGTON. O C 70005 (202) 234-4433 l

14 -

-1 MR.; LOGAN: Wall, I gusso this-.was a very -

(

2 short interview .

3 MR . - WETTERHANN : We may see you again. ,

-4 MR. LOGAN: Hopefully soon.

5 THE WITNESS: All right. ,

6 MR. LOGAN: Thank you.

7 (Whereup'on, at 2:41 p.m., the interview was 8 concluded.)

9 l 10 11 _

12 13 14 15 16 17 18 19 e

20 1

21 22 23 ,

1 24 25.

_ NEAL R. GROSS' COURT REPORTERS AND THANSCR$ERf.

1323 NCOE ISLAND AVENUC, N W

- (202) 23 % WASH 4NGTON. D.C. 20005 (202) 23W33 i

--, - - - - , - - - - s-m e -- ,-.w.,, - . . - , - . . , - .,--:,+--.. - - - - - , -

OERTIFICAT0 Tnis is to certify that the attached i

proceedings before the United States Nuclear Regulatory Commission in the matter of:

Name of Proceeding: INTERVIEW OF A. CAROLYN TAYIAR Docket Number: , (NOT ASSIGNED)

Place of Proceeding: HANCOCKS BRIDGE, NJ were held as herein appears, and that this is the original transcript thereof for the file of the United States Nuclear Regulatory Commission taken by me and, thereafter reduced to typewriting by me or under the direction of the court

• reporting company, and that the transcript is a true and accurate record of the foregoing proceedings.

W BARBARA BURKE official Reporter Neal K. Gross and Co., Inc.

NEAL R. GROSS COURT REPORTERS

• ND TRANSCHIBERS 1323 RHODE ISLAND AVENUE. N W (202) 2344433 WASHINGTON, D C. 20005 (202) 234 4433

. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - _ _ - - .