ML20205C318

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Transcript of 860806 Hearing in Joliet,Il.Pp 9,809-9,978
ML20205C318
Person / Time
Site: Braidwood  Constellation icon.png
Issue date: 08/06/1986
From:
Atomic Safety and Licensing Board Panel
To:
References
CON-#386-326 OL, NUDOCS 8608120306
Download: ML20205C318 (169)


Text


l OR GWAL UN11EU STATES O

NUCLEAR REGULATORY COMMISSION IN THE MATTER OF:

DOCKET NO:

BRAIDWOOD STATION 50-456/457-OL UNITS 1 8 2 COMMONWEALTH EDIS0N COMPANY O

LOCATION:

JOLIET, ILLIN0IS PAGES:

9809 - 9978 DATE:

WEDNESDAY, AUGUST 6, 1986 1

0,I i

1 ACE-FEDERAL REPORTERS, INC.

0 OfficialReporters

(

444 North Capitol Street Washington, D.C. 20001 (202)347 3700 ee,oe 1 aogg,[ (k(f)

M ADOCi 6

NATIONWIDE COVERACE

9809 7'SC2'.l?

1 UNITED STATES OF AMERICA 2

NUCLEAR REGULATORY COMMISSION 3

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 4

i

2
;;12
2221
1 2x 5

In the Matter of:

6

Docket No. 50-456 OL COMMONWEALTH EDISON COMPANY 50-457 OL 7

(Braidwood Station, Units 1 8

and 2)

L 2.2 : ::::: 2x 9

j i

10 Pages 9809 - 9978 11 College of St. Francis 500 North Wilcox Street l

12 Joliet, Illinois 60435 I

i 13 Wednesday, August 6, 1986.

i l

14 The hearing in the above-entitled matter reconvened 15 at 9:00 A.

M.

16 17 BEFORE:

18 JUDGE HERBERT GROSSMAN, Chai rman Atomic Saf ety and Licensing Board 19 U.

S. Nuclear Regulatory Commission i

Washington, D.

C.

20 JUDGE RICH ARD F. COLE, Member, 21 Atomic Safety and Licensing Board U. S Nuclear Regulatory Commission 22 Washington, D.

C.

i t

23 JUDGE A. DIXON CALLIH AN, Member, Atomic Safety and Licensing Board 24 U. S. Nuclear Regulatory Commission

, ()

Washington, D.

C.

25 APPEARANCES:

Sonntag Reporting Service, Ltd.

4 Geneva, Illinois 60134

.. 312)- 23 2-0 26 2.

( -

9810 0

1 On behalf of the Applicant:

2 MICH AEL I.

MILL ER, ESQ.

3 EL EN A Z. KEZ EL IS, ESQ.

Isham, Lincoln & Beale 4

Three First National P1az a Chicago, Illinois 60602 5

On behalf of the Nuclear Regulatory 6

Commission Staf f :

7 EL AINE I.

CHAN, ESQ.

GREGORY AL AN BERRY, ESQ.

8 U.

S.

Nuclear Regulatory Commission 7335 Old Georgetown Road 9

Bethesda, Maryland 20014 10 On behalf of the Intervenors:

11 RT ERT GUILD, ESQ.

1 0 12 13 14 15 16 17 18 19 20 l

21 22 23 24 O

25

~

Sonntag Reporting Service, Ltd.

Geneva, Illinoi s 60134 (312) 232-0262

9811

(

1 TESTIMONY OF LARRY K.

BOSSONG

)

2 DIRECT EXAMINATION BY MR. GUILD:

9817 3

CROSS EXAMINATION 4

BY MR. MILLER :

9875 5

CROSS EXAMINATION BY MS. CH AN :

9949 BOARD EXAMINATION 7

BY JUDGE COLE:

9953 8

BOARD EXAMINATION BY JUDGE CALLIHAN:

9955 9

REDIRECT EXAMINATION 10 BY MR. GUILD:

9958 i

11 RECROSS EXAMINATION O

BY MR. MILLER:

9973 12 13 14 15 16 17 18 19 20 21 22 23

()

I 25 Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 UWU 9VL%W

9812

)

O 1

JUDG E GROSSMAN :

We might as well start with 2

preliminary matters.

The hearing is reconvened.

This 3

is the 49 th day of hearing.

We haye some preliminary 4

matters.

5 First we have that investigatory matter that was j

6 brought up yesterday.

I don' t know whether you have i

7 checked y et, Mr. Ber ry, to see if the field 8

investigation has already been completed on that matter.

j 9

MR. BERRY:

Yes.

We inquired to that this i

10 morning and we are inf ormed that the field investigation j

11 has already been completed and there are inspectors in i

O 12 the grocess of drafting the report.

13 JUDG E GROSSMAN :

The Bonrd's f eeling, then, 14 is that this matter does not seem to be significant to i

15 us, but, nevertheless, we want to give counsel as much 16 lead time as possible if they want to bring up this 17 matter.

18 Theref ore, we ought to disclose this matter to Mr.

19 Miller and Mr. Guild with the understanding that they l

20 won' t disclose it to anyone f urther until they get the 21 completed report, which we expect within about a week.

l 22 MR. BERRY:

Yes.

23 JUDG E GROSSMAN :

If it drags I think then we 24 will have to modify our order and allcw them to consult O

25 with others.

How ev er, they may think it's not Sonntag Reporting Service, Ltd.

i Genev a, Illinoi s c ul.54 (312) 232-0262

i 9813 lO l

necessary, depending on how they evaluate the 2

significance of that report.

3 So we will hand it over right now with that 4

understanding.

5 Is that your agreenent, Mr. Guild, that you will 6

not disclose it to anyone?

7 MR. GUILD:

Yes, sir, that certainly is, with 8

respect to that iten.

9 I might say, though, that I read Mr. Berry's i

10 transmittal letter, his August 4 th letter, to sw eep ov er 11 it more broadly than j ust seeking protection f or that 12 particular item.

13 It -- it states at Page 3 that, "The enclosed 14 documents are being produced under the same conditions l

15 applicable to Staf f's J anuary 10, 1986, di sclosur e. "

l 16 In other words, these documents are being made 17 available to you in discovery based on the understanding 18 they are confidential as that term is used in the 19 Board's December 6,1985, protective order.

20 There is obviously lots of inf ormation in this j

21 stack of paper that can' t under any circumstances be i

22 deemed confidential. and there is John Seeders' 4

3 23 material, which has never been treated as confidential, 24 and Mr. Seeders has never sought confidentiality, for O

25 one.

Sonntaa Reportino Service, Ltd.

Geneva, Illinois 60134 L

.. _ _._.- - - - _. _ _ _, ( 312 ) _. _ _ 2 3 2- 0 2 6 2

9814 O

1 I certainly don' t want to be understood as taking 2

this material only subj ect to an agreement that it's f or 3

some unasserted reason to be kept confidential.

That 4

hampers our use of the material and our ability to 5

pr epa re f rom it.

We certainly would resist an overbroad 6

protective order covering all of this material.

7 JUDG E G ROSSMAN :

I did not intend to include 8

anything in this protective order other than the one 9

investigation that I reviewed overnight that the Board 10 review ed, and I j ust wanted to get your assent to the 11 agr eement, Mr. Miller.

O 12 I take it you agree a1so that you wi11 not eiscio,e 13 it to any one?

14 MR. MILLER :

As 11mited to that investigatory 15 material. yes.

16 JUDG E GROSSMAN :

Okay.

Fi ne.

17 With regard to the other matters, I think perhaps 18 the -- I am going to hand this report over.

19 (Indicating. )

20 MR. BERRY:

Mr. Chai rman, I think I gave you 21

-- that was my copy and I have copies f or the other 22 pa rties.

23 JUDG E GROSSMAN :

Oh, okay.

24 MR. BERRY:

(Indicating. )

O 25 JUDG E GROSSMAN :

You have two complete Sonntag Reporting Service, Ltd.

Genev a, Illinois 60134 (312) 232-0262

9815

()

1 copies?

2 MR. BERRY:

Yes.

3 JUDG E GROSSMAN :

Okay.

That is fine.

4 Mr. Miller, I' m handing you one and I am handing 5

Mr. Guild the other one.

l 6

(Indi cating. )

t 7

MR. GUILD:

Thank you, Mr. Chai rman.

8 JUDG E G ROSSMAN :

With regard to the other 9

items listed in this letter, I think counsel ought to 10 meet on that and decide what it is that requires 11 confidentiality; and if there is a disagreement, the

()

12 Board will then step in and make its ruling on that.

13 MR. BERRY:

That is fine, your Honor.

14 JUDG E GROSSMAN :

Is there any other 15 preliminary matter?

16 Mr. Ber ry.

17 MR. BERRY:

Yes.

18 Mr. Chairman, in the Board's July 23, 1986, 19 memorandum order denying Intervenors' late-fil ed 20 contention on overstress of structural columns, the 21 Board indicated on Page 6, Paragraph 2, of this order, 22

" Staff directed to make an initial review of the t

23 anonymous allegations determined if they have-any substan' e and to report its conclusions to the Board. "

24 c

O 25 I have j ust been inf ormed that the Staf f has Sonntag Reportina Service, Ltd.

Genev a, Illinois 60134 (312) 232-0262

9816 (2) l completed an investigation of that allegation and the 2

results of its investigation are reported in Inspection 3

Report 50-456/86035;50-457/86027.

A copy of that 4

inspection Report has been transnitted both to the 5

Int erv enor, the Applicants and to the Board.

6 JUDG E GROSSMAN :

That is fine, th en.

So the 7

Board doesn' t have to take any further action on that.

l 8

Are there any other preliminary matters?

j 9

MR. GUILD:

Mr. Berry, meaning that they 10 mailed us a copy; is that the understanding?

11 MR. BERRY:

I j ust have one copy.

I could

()

12 have copies made and distribute it.

13 MR. GUILD:

That would 'be helpf ul.

Thank 14 you.

15 JUDG E GROSSMAN :

I guess we can call our next 16 witness, Mr. Guil d.

17 MR. GUILD:

Thank you, Mr. Chai rman.

18 At this time Intervenor would call Mr. Larry 19 Bossong. to the stand, pl ease.

20 Mr. Bossong.

21 JUDG E G ROSSMAN :

Mr. Bossong, would you 22 please stand and raise your right hand?

23 (The witness was thereupon duly sworn.)

24 JUDG E GROSSMAN :

Please be seated.

O 25 Mr. Guild?

Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

i 9817 O

1 MR. GUILD:

Mr. Bossong, my name is Bob Guild 2

and I am counsel for the Intervenor in the licensing 3

proceeding.

At the middle table here are the laryers 4

for Commonwealth Edison Company and at the f ar table the f

5 representatives and counsel for the NRC Staf f.

This is 2

6 the Licensing Board in the case.

7 LARRY K.

BOSSCNG 8

called as a witness by the Intervenor herein, having been 9

first duly sworn, was examined and testified as f ollows:

10 DIRECT EXAMINATION 11 BY MR. GUILD:

O 12 Q

Wou1d you state your fu11 name and your work address f or 13 the r ecor d, pl ease ?

14 A

Lar ry K.

Bos song, Inspector, Level II, Braidwood plant.

15 Q

Do you work under the supervision of the L.

K.

Comstock 16 Company of Braidwood?

17 A

Indirectly, yeah.

18 Q

You work doing quality control inspections within 19 Comstock's scope of work as the electrical contractor?

20 A

Right.

Yes.

21 JUDG E G ROSSMAN :

Excuse me, Mr. Bossong.

22 Would you please put that microphone on as a --

23 hook it there.

24 Thank you.

O 25 BY MR. GUILD:

Sonntaa Reporting Service, Ltd.

Genev a, Illinois 60134

. (312) 23 2-026 2.

.~

4 9818 O

1 Q

When did you come to B raidwood under Comstock?

2 A

Janua ry 2,1984.

3 Q

Was Braidwood the first quality control work that you 4

had done, Mr. Bossong?

5 A

I worked at LaSalle for seven, eight y ears.

6 MR. GUILD:

You have to keep your voice up a 7

little bit so that the people on the other side of the 8

room can hear you, pl ease.

i 9

BY MR. GUILD:

10 Q

In what capacity did you work at LaSalle?

11 A

Plate fitter, fitter foreman and the last two or three

()

12 years in quality control.

13 Q

By whom were you enployed at LaSalle?

14 A

Morrison Construction out of Hammond, Indiana.

15 Q

Wer e they the mechanical contractor ?

16 A

Yes.

17 Q

Did basically piping work?

18 A

Yes.

19 Q

What is your area of work at Braidwood under Comstock?

20 A

My certification area, you mean?

21 Q

First of all, what do you spend most of your time doing 22 at Comstock?

23 A

I am a steward out there and I also do weld inspections,'

24 JB inspections,

()

25 0

Junction box?

Sonntag Reporting Service, Ltd.

Genev a, Illinoi s bu134 (312) 232-0262

9819 0

1 A

Junction box; equipnent, conf igurations, calibrations.

2 0

I take it those are the areas in which you have 3

certifications --

4 A

Right.

1 5

Q

-- those designations?

6 So you are a steward f or the Local Union 3067 7

A Right; on days.

8 Q

On the day shif t?

9 Have you been -- held that position since the' union 10 contract was ratified in July of 1985?

11 A

Yes.

12 Q

Can you tell me what positions you have held with 13 Comstock since you were hired on in January of 19847 14 A

I was Lead Inspector over welding configs in the upper 15 aux area f or approximately, six months probably.

]

16 I become Lead in the cable pulling the last two or 17 three months bef ore I gave it up.

18 Q

When did you give up the Lead in cable pulling?

i 19 A

Febr ua ry or March probably of ' 85.

20 Q

So in July of 1985 the union contract was ratified and 21 you took your position as day steward; correct?

1 22 A

Cor r ect.

23 Q

Have you held the Lead position since you have had your 24 steward j ob?

O 25 A

N o.

Sonntaa Reporting Servi ~ce, Ltd.

Genev a, Illinois 60134 (312) 232-0262

9820 O

1 Q

You were doing union business, I take it, under the 2

contract in part and also perf orming line quality 3

control inspections?

4 A

Yes.

5 Q

Mr. Bossong, did you ever have occasion to work under 6

Mr. Rick Saklak's supervision?

7 A

A certain period of time.

8 Q

Hw short a period of time, approximately ?

9 A

Well, when, I was cable pulling Lead maybe a month, a 10 month and a half.

11 Q

Was that the only period of time that you worked O

12 direce1y for nr. Sak1ax2 13 A

Yes.

14 Q

How did you come to pass to -- how did it come to pass 15 that you 1ef t the position of cable pulling Lead under 16 Mr. Saklak?

17 A

I gave up the Lead j ob because I wasn' t f unctioning as a 18 Lead in the cable pulling area.

I was doing more 19 NCR/ICR work with welding configs than the area I come 20 out of.

I was the only guy on the days that was doing 21 cable pulling.

22 Most of the cable pulling I took was done in the 23 evening or second shif t, so as long as I was j ust doing 24 the welding, I j ust went back in the welding area.

O 25 0

You were -- you had the title of Lead and cable pulling, i

i Sonntag Reporting Service, Ltd.

Genev a, Illinois 60134 i

(312) 232-0262

o 9821 O

1 but you weren' t actually perf orming the duties, in your 2

opinion?

3 A

Not f ully.

4 0

Instead they had you doing work in the other areas you 5

just identified?

6 A

U h-huh.

Yes.

7 Q

Did you bring that concern to the attention of your 8

supervisor ?

9 A

My direct supervisor ?

10 Q

Well, to anybody in supervision.

11 A

N o.

I wrote a memo there to Mr. dew ald.

()

12 Q

What was the substance of what you wrote to Mr. dew ald?

13 A

I wasn' t f unctioning as a Lead in that area.

I reclined 14 from being cable pulling Lead.

15 Q

You resigned the position?

16 A

Yes.

17 Q

Was your resignation at all prompted by your concerns 18 about working under Mr. Saklak?

19 A

Not completely.

20 0

I' m sor ry ?

21 A

Not completely.

22 Q

Did Mr. Saklak's -- did Mr. Saklak's supervisory talents 23 or perf ormance have any part in your request to be 24 relieved of the cable pull Lead?

O 25 A

N o, not directly.

Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9822

)

1 Q

Let me show you a memo and see if I can get you to 2

translate it a little bit f or me.

3 When did you resign your Lead position in cable l

l 4

pulling, do you recall generally the time period?

5 A

Early '85.

6 Q

In your deposition counsel showed you a copy of a memo, 7

Mr. Bossong, and it's a very poor copy.

8 Do y ou r emember ?

9 (Indicating. )

10 A

Yeah.

11 Q

I think the lawyers asked you at the time if you could

()

12 translate it f or us f or the record, and I am going to 13 ask you to do the same now for the Board and parties.

14 What I am showing you is what has been marked as 15 Bossong Deposition Exhibit 6.

It's a multi page Read 16 and Reply Memo.

It appears to be dated March 27, 1985.

17 (Indi ca ting. )

18 Is that the memo that you wrote to Mr. DeWald and 19 others essentially resigning your Lead position?

20 A

It appears to be that, yeah.

21 Q

If you would look it over a minute, I have the 22 deposition transcript and I am not sure -- I think the 23 copy you have in f ront of you may be a worse copy than 24 the one you were looking at at the time of your O

25 depo sition, but I am going to f ollow along with the Sonntag Reporting Service, Ltd.

Genev a, Illinoi s bu134 (312) 232-0262

9823 O

1 tr anscript, 231, where you -- you read it f or the record 2

the first time at your deposition and I ask if you would 3

do so now.

l 4

Looking at the document, would you read that for 5

the r ecor d, pl ease ?

6 A

It's f olded on a cr ease.

7 Q

If you would like, just pull it apart, if you can.

8 Give it a shot now, please.

)

9 (Indi ca ting. )

10 A

"During my last two and a half months as cable pull I 11 have been doing weld inspections" -

0 12 o

xeeg your voice ug, g1 ease.

13 A

" configurations CEA's, J box and equipnent, as-buil t 14 verif ica tions. "

'15 It's kind of black there.

16 0

And cable pull Lead?

17 A

"And as cable pull Lead. "

18

" Haven' t had time to do my duties, as stated in 19 412."

\\

t 20 Q

Procedure 412?

21 A

Yeah.

22 "Procedur e 412, Section 122.

Supervisor directs 23 work to Level II Inspectors directly by' passing Lead.

I 24 was f orced to leave welding by Mr. Simil e.

No options.

O 25 Either way I had to leave welding department.

4 Sonntaq Reporting Service, ~Ltd.

Geneva, Illinois 60134 (312) 232-0262

9824 O

1 "I f eel that I am given ICR's/NCR's a closeout f or 2

the reason of trying to get me to make a mistake for 3

reasons to w rite me up, time off or for the purpose f or 4

me and other inspectors to quit.

I was f orced into 5

taking cable pull Lead.

6 "I f eel I haven' t been utiliz ed as a Lead f or the 7

above-mentioned procedures.

.T am tired of being treated 8

if you don' t produce or get along with the program and 9

don' t get any overtime.

Help people working overtime. "

10 Q

New people?

11 A

"New people working overtime that are not f amiliar with

()

12 the procedures and practices of memos to do a thorough 13 inspection as f ar as the elevations, work points, 14 general notes and tolerances.

15 "Thi rd, discrimination against the older inspectors 16 because they feel they will write ICR's and NCR's and 17 IM's they can' t sign off by new, experienced inspectors 18 on ICR/NCR closeouts that a new inspector might buy of f 19 because he don' t research everything, This is why I am 20 resigning my Lead position. "

21 Q

All right, si r.

22 That is the text of a memo that you author ed on the 23 27 th of March,1985, and sent to Mr. DeWald; correct?

24 A

Cor r ect.

O 25 0

In addition, you sent a copy to Mr. Simile and to Mr.

Sonntag Reporting Service, Ltd.

Genev a, Illinois 60134 (312) 232-0262

9825 O

1 Tuite; correct?

2 A

One to DeWald.

That was in the chain of command, two to 3

Simile and DeWald, that chain, three-part letter.

4 0

What response, if any, did you get back f rom your 5

supervision?

6 A

They accepted it.

7 0

They accepted your resignation?

8 A

U h-huh.

9 Q

Had your -- your work, Mr. Bossong, as a supervisor or i

10 as a Lead in that position been evaluated by your 11 supervision prior to the time you resigned?

()

12 A

I think by Mr. Simil e.

13 Q

What was the general character of Mr. Simil e' s 14 evaluation of your work?

15 Was it good, bad, indif f er ent?

16 A

Probably a good evaluation.

17 JUDG E COL E:

I' m sor ry.

I didn' t hear that, 18 si r.

19 THE WITNESS:

Probably a good evaluation.

I 20 had seen the report up to the hearing.

21 BY MR. GUILD:

22 Q

Do you recall being shown at your deposition of December 23 31, 1984, an evaluation by Mr. Simile?

24 A

Yeah.

25 Q

Was that the evaluation Mr. Simile made of your work?

Sonntag Reporting Service, Ltd.

Geneva,. Illinois 60134 (312) 232-0262

._,-y w

9826 O

1 A

Yeah.

I normally wouldn' t see it but I did see it at 2

the deposition.

3 0

You didn' t see it at the time?

4 A

No.

5 Q

I am going to publish this f or the record.

6 Mr. Simil e -- ov er Mr. Simile's signature, "Mr.

7 Larry Bossong, whose been under my Eupervision since 8

Sept ember, 1984.

In these few months Larry has played a 9

very important role in the inspection changes that took 10 place in the welding / configurations area.

11

" Larry was very supportive of the new program that O

12 was img1.ented.

Larry took charge of the upper aux.,

13

'A-U-X, period, area and completed an enormous amount of 14 required inspections.

15

" Larry's leadership ability has shown in completing 16 this task in a very timely and prof essional manner.

17 Larry is very cognizant of a Lead position's 18 responsibility and handles the j ob well.

Larry is an 19 important member of our inspection group and helps 20 maintain a high-quality standard of inspection and a 21 prof essional attitude of the inspectors. "

22 Signe d, A.

T.

Simil e, 12/31/84.

23 Below in this same document there appears to be a 24 note f rom Mr. DeWal d.

O 25 Does that appear to be Mr. DeWald's signature --

I' Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9827 O

1 (Indica ting. )

2 A

Yes.

3 Q

-- dated April 3, 19857 I

4 "Q C manager's comments, " colon, quote, "L.

Bossong 5

resigned f rom his Lead position and he has been put back 6

into the Inspection group. "

7 Does that reflect Mr. DeWald's acceptance of your 8

resignation on the 27th of March?

9 A

The copy I got back f rom the memo I think stated 10 acceptance on the bottom.

11 What they are is a three-part memo, Speed Letters.

O 12 Q

Mu1ti-cogy2 13 A

U h-huh.

4 14 Q

You received a response back with Mr. DeWald's 15 acceptance of your resignation?

16 A

Yes.

17 Q

Several days af ter you authored the Read and Reply Memo 18 that I have asked you to read f or the record, there was 19 a meeting with the Nuclear Regulatory Commission 20 Resident Inspector.

21 Did you attend that meeting on the 29th of March, 22 1985?

23 A

The 29th?

24 Q

Yes.

O 25 A

Yes.

Sonntaa Reportinc Service, Ltd.

Genev a, Illinois 60134 (312) 232-0262

9828 O

1 Q

Did you go over first thing in the morning?

2 A

I believe so.

3 Q

Did you subsequently go over about the noon hour with 4

others?

5 A

Yes.

6 Q

The first group, five or six in number, including 7

yourself?

8 A

Yeah, I believe that's correct.

9 Q

The second group around the noon hour, a total of 10 approximately 24 inspectors?

11 A

Pretty -- yeah, I would say about that amount.

()

12 Q

Do you recall at the -- at that meeting, the March 29th 13 meeting with the NRC, raising in substance to the NRC 14 your concerns that you stated in your March 27th memo?

15 A

Wer e they raised?

16 Q

Yes.

17 Did you raise any of those concerns?

18 A

No.

19 Q

Were those subj ects raised at the March 29th meeting?

20 A

Yes.

21 Q

Particularly do you recall concerns being raised about 22 new inspectors signing off ICR's and NCR's?

23 A

The subj ect was brought up, yeah.

24 Q

Whether you raised that concern or not, did you agree O

25 with the concern at the time it was raised?

Sonntag Reporting Service, Ltd.

Genev a, Illinoi s 60134 (312) 232-0262

9829

(

1 A

At the time, yeah.

I was concerned about it.

I think 2

everybody at that meeting was concerned on them points.

3 Q

On the points about the new inspectors?

4 A

Yes.

5 Q

What was the nature of the concern that you had and 6

others had on new inspectors being brought onto --

7 A

That the ECN's and the general notes and procedures were 8

being changed quite rapidly.

A new inspector probably 9

wasn' t quite f amiliar with all that -- the general note 10 tolerance criteria and everything that was involved in 11 that since most of that stuff has been reinspected, but

()

12 at the particular time this was going on a lot of us

~

13 were concerned about it.

14 Q

All right.

15 Looking at -- at an NRC memo that is dated March 16 29, 1985, Mr. Bossong, Int erv enors' Exhibit 42, it 17 appears f rom the record to be summaries of statements 18 made at that March 29th meeting.

19 JUDG E GROSSMAN :

42-A or 42 ?

20 MR. GUILD:

42, Judge.

It's the March 29th 21 memo.

22 JUDGE GROSSMAN:

Okay.

23 BY MR. GUILD 24 Q

Mr. Bossong, on the third un-numbered page of that memo O

25 there is a summary -- begin the second un-numbered page, Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232- 0262 g

9830 0

1 last paragraph.

It's simply attributed to another 2

individual without any name.

j 3

I quote.

"They got Leads now, new Leads; and I 4

could walk up to them except f or two guys and ask them a 5

question in their area and they cannot answer it.

6 "They are getting in a bunch of new people and 7

making the Leads, NRC.

Why is is that?

8 "Because they will do what they are told to do, 9

sign what needs to be signed and get the NCR's or ICR's 10 cleared away.

This is because the new peopie are under 11 a 90-day period of surveillance and could get fired at O

12 the present time.

2 hey want to keep their 3 3.

Who 13 doesn' t?

14 "These people are closing out NCR's and they don' t 15 even know what the hell they mean.

They have no iden 16 that there is a disposition needed on them and they are 17 just signing them of f.

18 "Our Leads were more or less told in a meeting last 19 Friday that as long as our numbers stay down,"

20 parentheses, "the numbers of NCR's or ICR's they 21 generate, they, " pa ren, "the inspector, " close paren, 22 "w on' t be evalua ted.

If you don' t keep them down to a 23 fair level then you will go back to eight hours.

You 24 will lose your overtime and they will j ump all over your 25 ass."

~

Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9831

(:)

1 Did you concur with -- with the substance of that 2

concern expressed at the March 29th meeting?

3 A

I was concerned about it, yeah, some of the questions 4

that were raised.

j 5

Q Do you recall who made that specific --

6 A

N o.

7 Q

-- comment?

8 I' m sorry I interrupted you.

l l

9 Wer e you going to say something?

l 10 A

No.

11 Q

How did you come to attend the March 29, 1985, meeting,

()

12 Mr. Bossong, at the NRC?

13 A

We were more concerned about what Mr. Saklak had said to 14 Mr. Greg Snyder and some of the other stuff that come up 15 when we were there.

That was our main concern.

16 Q

The Saklak matter was the main concern?

17 A

With respect to the Inspector, yes.

18 Q

How did that incident, that threat by Saklak to Snyder, 19 come to your attention?

20 A

I think Rick had said something to me that morning about 21 it.

22 Q

Rick Snyder?

23 A

Yes.

24 Q

Did Mr. Snyder in substance inf orm you that he intended O

25 to go to the NRC?

Sonntaa Reportina Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262-

i 9832 i

4 i O 1

A No, not at that particular time.

2 Q

Why don' t you tell me how it happened.

3 Haw did you learn f rom Snyder that -- of the 4

Saklak/Snyder encounter?

5 A

W ell, I guess they got with a bunch of other people and 6

decided to go over to the.NRC and said this is not the 7

first time Rick had done that.

8 Q

Rick Saklak?

9 A

Saklak.

10 Q

Okay.

j 11 A

I guess they got together and decided to go over and see O

12 if they cou1dn., try to get it reso1 ed, secause they 13 tried it before and nothing ever happened with Comstock 14 1ev el.

He continued on threatening people and --

15 Q

"He, " Sakl ak?

16 A

-- and intimidating them;. yes.

I 17 Q

How did you learn that a number of people had gotten 18 together and decided to go to the NRC that day?

l!

19 A

Apparently they were out in the field and decided that 20 they were going and I j ust walked along with them.

21 Q

You were invited to come with them, I take it?

22 A

Yes.

23 0

Can you recall who it was aside f rom Mr. Snyder that 24 inf ormed you that they intended to go over to the NRC?

O 25 A

No.

4 Sonntag Reporting Service, Ltd.

Geneva, Ill inois c ul.s e (312) 232-0262

9833 O

1 Q

I take it that you personally did not witness the 2

Saklak/Snyder encounter the day bef ore?

3 A

No.

4 Q

You learned of it in the way you j ust described f rom Mr.

5 Snyder; right?

6 A

Yes.

7 0

Were you aware generally that there had been prior 8

instances where Saklak had been threatening or abusive 9

toward inspectors?

10 A

It was a pret47 ongoing thing out there.

People talked 11 about it quite a bit.

()

12 0

There was a general discussion among QC inspectors about 13 Saklak's behavior; is that right?

14 A

Yeah.

Way bef ore I even got there there was talk on it.

j 15 Q

So when you arrived on the site, you became aware that 16 there had been previous talk about Saklak and his 17 behavior ?

18 A

Not right away, because I was working in another area, 19 it didn' t really pertain to me at the time; but I became 20 aware of it af ter working there for a while.

21 Q

I take it that even though you weren' t working directly 22 for Mr. Saklak, except f or the limited period you 23 described as the cable pull Lead, you had occasion to 24 observe Mr. Saklak -- you worked in the same office, I O

25 take it, didn' t y ou?

1 Sonntaa Reportina Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

i i

I 9834

)

($)

1 A

The offices are all split.

I wasn' t really around Rick.

2 I was in the welding config site, three sides to the 3

building; not directly with Saklak, no.

You would see l

4 him once in a while, but that was about it.

5 Q

Otherwise your opinion about Mr. Saklak was f ounded on 6

what you heard f rom other inspectors; right?

7 A

B asically.

r 8

Q Did you have occasion to learn of other encounters j

9 between Saklak and inspectors aside from the Snyder 10 incident on the 28th of March?

11 A

Two or three cases, not directly, just a lot of hearsay.

()

12 O

Bearsay in the sense that you didn' t witness them 13 directly yourself, but you observed other -- you heard 14 other people describe incidents?

15 A

Right.

16 Q

You mentioned Mr. Snyder's description to you of what

]

17 occurred between him and Saklak on the 28th and Snyder 18 told you the morning of the 29th; is that right?

19 A

I would say that was probably correct.

That is hard to 20 remember dates.

I 21 Q

Did an encounter between Mr. Saklak and Mr. Mike 22 Mustered come to your attention?

j 23 A

Mike brought that to the attention.

They were running a 24 401 field of fice and that took place, I believe.

O 25 0

What did Mr. -- what in substance did Mr. Mustered tell l

Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 i

(312) 232-0262

9835

(

1 you about his run-in with Saklak?

i 2

MR. MILLER:

Your Honor, I obj ect.

Excuse 3

' me, Mr. Bos song.

4 Mr. Mustered has come and testified directly about 5

it.

Mr. Bossong has now testified that he didn' t 6

witness it, all he did was hear about it.

It is 7

accumulative or. irrelevant at this point.

8 JUDGE GROSSMAN:

I take it there is no 9

dispute as to the -- what Mr. Mustered has said about 10 that?

I 11 MR. MILL ER :

No, sir.

,()

12 MR. GUILD:

All right.

That is fine.

13 JUDGE GROSSMAN:

Sustained then.

14 BY MR. GUILD:

15 Q

You understood there had been an encounter between 16 Mustered and Saklak f rom Mr. Mustered describing it to 17 you?

18 A

Yeah.

19 Q

Do you know whether other inspectors were aware of an 20 encounter between Mustered and Saklak?

21 A

There may have been, because the field office is 22 probably f ull of guys so --

l 23 Q

Did an incident involving Mr. Saklak and Mr. Joe Hii 24 come to your attention?

O 25 A

Directly I don' t know.

I might have heard it in j ust i

Sonntaa ReDortina Service, L td.

Geneva, Illinois 60134 (312) 232-0262

9836 O

1 pas sing.

2 Q

Did you ever talk to Mr. Hii about it?

3 A

No.

4 Q

Did you ever discuss the subj ect with an QC Inspector 5

named Larry Perryman?

6 A

I may have.

I can' t remember.

He was working in the 7

same group that I was.

That is why he might have been 8

talking about it.

)

9 Q

"H e, " Lar ry Per ryman w as ?

10 A

Weld config site; yeah.

11 Q

So Mr. Perryman would have accounted to you what he knew O

12 of an incident invo1 1ng B11 and Sak1ak2 13 A

Yeah.

He might have been working there when I was, I i

14 wasn' t.

15 0

I understand you weren' t a direct witness yourse1f.

16 How about an encounter between Janet Lobue and Mr.

17 Saklak?

18 A

I had heard a rumor about that one but that was bef ore 19 my time also.

l 20 Q

That was bef ore you arrived on the site?

21 A

Yeah.

22 Q

Was that source of your understanding about that 23 encounter general discussion among the QC Inspectors?

24 A

That is the general impression of the current events 25 leading up to the Rick Snyder case, because he had been Sonntag Reporting Service, Ltd.

Genev a, Illinois 60134 (312) 232-0262

9837 O

1 doing this bef ore.

2 Q

Exa ctly.

3 Did Ms. Lobue tell you about her encounter with 4

Saklak?

5 A

I don' t know if it was her directly or somebody else.

6 Q

But one way or another you heard of such a --

7 A

I don' t know completely what happened but I j ust heard 8

that she had had a run-in with him.

9 Q

But these instances, I take it, were a part of your 10 understanding at the point where you decided to go along 11 to the NRC on the 29th of March?

()

12 A

I was concerned deeply.

It could happen to any 13 inspector out there if you want to intimidate the hell 14 out of them.

)

i 15 Q

I take it that at the time of the March 29, 1985, 16 meeting with the NRC, you were a member of Local Union 17 306, a supporter of the union, were you not?

18 A

I wasn' t a member, no.

19 Q

Wer e you a supporter of the union at the time?

j 20 A

I belonged to the UA local out of Kankakee at the time.

21 0

The r ecord r eflects, Mr. Bossong that, of course, th e --

22 there had been a previous election in November of 1984, 23 where the union was voted in, but that the contract was 24 not at that time ratified and not ratified until July of O

25 1985 so there wasn't a bargaining unit officially at the Sonntaa Reportino Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9838 O

1 time?

2 A

No.

The letter of certification didn' t come down until 3

April 26, 1985.

4 Q

You were a union supporter, though, at the time you went 5

to the NRC, I take it?

6 A

I was working f or Comstock, yes.

7 Q

Did the union or the union supporters plan to go to the 8

NRC and raise these concerns that you have testified to?

9 A

No.

10 0

Was this inspired by the local union as a way to get 11 back at management?

O 12 A

No.

13 Q

Why did you go to the NRC?

14 A

We were concerned about Rick Saklak and Rick Snyder, 15 because he could threaten anybody out there.

He is a 16 pretty good sized boy and a lot of us were concerned 17 about that particular incident.

18 Q

All right, si r.

19 Did you ever have occasion to have management 20 inquire of you regarding the productivity of an 21 inspector ?

22 A

I was Herschel's Lead at the time and there was some 23 question on it.

24 Q

How did you learn that there was some question on it, 25 Mr. Bossong?

Sonntag Reporting Service, Ltd.

Geneva, Illinois 6U134 (312) 232-0262

9839 0

1 A

I think f rom Herschel Stout, citer they wrote him up; 2

not directly with the management, it come back through 3

the inspector.

4 Q

What in substance did Mr. Stout say to you about the 5

subj ect ?

6 A

He said he got wrote up f or doing a one-point-some 7

inspections a day but he had been on vacation, had some 8

time off and he missed time, absenteeism, and all them 9

times accumulated in days.

It wasn' t a f air evaluation 10 as f ar as I was concerned.

11 Q

It was not a f air evaluation?

O 12 i

He come out of one groug and was gue in another eroug.

13 I don' t knw what g'roup it was.

He come out of welding i

14 or he was working in some group and put back in welding.

15 He wasn' t f amiliar with the area so there has to be a 16 time f rame there to get ref amiliariz ed with the 17 procedures to do an adequate inspection.

18 Q

Has Mr. Stout doing j unction box inspections at the 19 time ?

20 A

I don' t knw if he was doing JB's or welding config up 21 for me.

22 Q

You j ust can' t recall at this time?

23 A

No.

It seemed like he was doing junction boxes but I 24 can' t say for sure.

O 25 Q

Were you satisfied or dissatisfied with the work being Sonntag Reporting Service, Ltd.

Genev a, Illinois 60134 (312) 232-0262

-wv.

w-

9840 O

i 1

perf ormed by Mr. Stout under your supervision?

2 A

He was doing a good j ob f or me and he was doing 3

in-process, and if the craf t don' t put the stuff in to 4

inspect, we can' t inspect it.

5 Q

Was Mr. Stout keeping up with the craf t?

6 A

Yes, he was.

I would go check with the f orenan.

I had 7

no problem in my area about. inspectors not being there 8

to perf orm the inspection when craf t got their 9

installation done.

10 Q

Including Mr. Stout?

11 A

Yes.

O 12 Q

o1d management ever seek out your opinion about your 13 satisf action or dissatisf action with Mr. Stout's ' work 14 under your supervision?

15 A

Not to my knowledge.

I might have voiced my opinion l

16 once or twice but not -- nothing documented, I don' t i

17 believ e.

i 18 Q

Do you recall voicing your opinion about Stout's work 19 perf ormance ?

20 A

Not directly.

I j ust sometimes speak my piece and 21 forget -- you know?

22 O

In any event, do you recall management having sought 23 your opinion bef ore Mr. Stout inf ormed you that he had 24 received a warning f or productivity problems?

O 25 A

From management, no.

Warnings Mr. Stout inf ormed me of.

Sonntag Reporting Service, Ltd.

Genev a, Illinois 60134 (312) 232-0262

l 1

9841 O

1

.Q So if you expressed your opinion about Stout's 2

perf ormance, it was af ter you --

3 A

Probably af ter the f act.

4 Q

Af ter the f act.

5 Did it ever come to your attention that management 6

or supervision, Mr. Bossong, used the denial of overtime 7

as a means to discriminate or retaliate against 8

inspectors?

9 A

Indirectly I heard one time that a supervisor made a 10 statement to another inspector.

11 0

What supervisor was that, did you understand?

()

12 A

John Walters.

13 Q

Mr. Walters.

14 From whom did you learn that Walters had made a 15 threat regarding overtime or denial of overtime?

16 A

I don' t remember what Inspector it was but I remember 17 hearing about it.

18 0

Were you ever yourself asked to assist in identifying 19 inspectors who desired to work overtime?

20 A

To assist in --

21 Q

To make a list c; inspectors who wanted to work 22 ov ertime.

23 -

A Since the union got in this July, we went around with a 24 volunteer list.

O I

25 Q

Right.

Sonntaa Reporting Service, Ltd.

Genev a, Illinois 60134 s

(312) 232-0262

9842 O

1 A

And we made a volunteer list based on the Leads and 2

compiled a list and turned it in f or overtime for the 3

CECO approval.

4 Q

For?

5 I' m sor ry.

6 A

Comstock and CECO's approval for j ustifying the 7

man-hours spent f or --

8 Q

As a steward you assisted in preparing such a list of 9

those who volunteered f or overtime?

10 A

I gave them the volunteer list.

I didn' t pr epa re an 11 overtime list, no.

()

12 Q

You prepared a list of those who volunteered?

13 A

Who volunteered to work, 14 Q

Do you recall submitting such a list to Mr. Simil e?

15 A

That is who, di rectly --

16 Q

Pardon me?

17 A

Simile is the one who received them directly and then he 18 would make up the list with the names.

19 Q

It would be Simile's responsibility to take the list of 20 volunteers and designate who he recommended should work 21 ov ertime?

22 A

Basically that is the way it was working at the time.

23 3 06 ain' t happy about it, but that's the way it was 24 working.

O 25 MR. MILL ER :

May I have the answer re-read, Sonntag Reporting Service, Ltd.

G enev a, Illinois bu144 l

(312) 232-0262

9843 O

1 Mr. Bossong?

2 JUDG E GROSSMAN :

That is all right.

The 3

Reporter will repeat it.

4 (The answer was thereupon read by the 5

Repor ter. )

6 A

(Continuing. )

306, in other words, ain' t happy with the 7

way it's being run.

8 BY MR. GUILD:

9 f)

"Ain' t happy" is what you said?

10 A

Right.

11 JUDG E GROSSMAN :

Mr. Bossong, by the w ay --

()

12 A

(Continuing. )

Two or three weeks ago we were more 13 af filiated with the -- filling in the names.

They had 14 been wanting more people, we were a little more directly 15 involved with who works the overtime.

16 BY MR. GUILD:

17 Q

Now you are?

18 A

Yeah.

19 JUDGE GROSSMAN:

Mr. Bossong, could you wait 20 until Mr. Guild has completed his question bef ore you 21 answ er, because the Reporter has a problem taking down 22 two things at one time?

23 THE WITNESS:

Fine.

24 BY MR. GUILD:

O 25 0

At the time or earlier, though, you recall submitting a Sonntag Reporting Service, Ltd.

Genev a, Illinois 60134 (312) 232-0262

9844 O

1 list of names of volunteers to Mr. Simile and having Mr.

2 Simile designate persons f or overtime, none of whom were 3

on the list of volunteers that you submitted?

4 A

That would happen occasionally, yes.

5 Q

Did you f orm any opinion about the basis f or Mr.

6 Simile's action in not selecting any of the people that 7

you --

8 A

He selected some.

He j ust selected some that did 9

volunt eer.

You might say favorites.

10 Q

Mr. Simile:

Your understanding was he would select 11 favorites of his f or overtime?

h 12 A

Well, there are certain areas out there that need 13 special certified people or they have what they call 14 special procedure written f or a certain area of 15 overviewing maybe.

16 You must read these and semi-certify yourself.

It 17 means it's j ust an addendum to another procedure to work 18 in that area, and in some cases it's happened that way.

19 Q

It happened that Simile would do that?

20 A

We have what we call a red-line walkdown group, those S 21

& L group.

They -- special reading instructions or 22 special instructions, addendum to the procedure.

23 Actually it specifies what work - it's narrowed 24 right down to a science and that's specifically what you O

25 got to do.

There is a special training session that you Sonntag Reporting Service, Ltd.

Genev a, Illinois 60134 (312) 232-0262

9845 O

1 got to attend to do it.

2 Sometimes these areas that they draw people out of 3

had to do with them areas.

It might take two or three 4

houra to read the procedures to get you certified in 5

that area or updated in that area to do the inspection 6

perf ormance.

7 0

What is the connection, if any, between that and Mr.

8 Simile deciding who was going to be overtiming?

9 A

Most of the time it was in the high-impact area that 10 they needed extra people out of that.

We should have 11 went to them and asked them but Simile was doing it,

()

12 because we can' t keep accurate overtime books if -- I 13 don' t know if the guy was asked to work overtime or he 14 wasn' t, so it's hard to enf orce a contract to do 15 additional work rates and keep overtime, even if you 16 ain' t directly involved with it.

17 0

That is something that the union has been working out 18 with management, I take it?

19 A

Right.

20 Q

At the time, though, that you submitted a list of 21 volunteers f or overtime to simile -- this is some time 22 ago -- and Simile selected persons f or overtime that 23 were not on that list, did you f orm any opinion about 24 why Mr. Simile picked those he picked?

25 A

Other than f avoritism, I suppose, in some areas, Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9846

()

1 basically --

2 Q

Did you f orm any opinion about why Mr. Simile did not 3

select the persons who you had submitted as volunteers 4

for overtime?

l 5

A I don' t know what particular case you are talking about.

6 I don' t recall nothing so -- is there a particular case 7

that you are questioning on?

8 Q

Yes, if I can have a moment here, Mr. Chairman and Mr.

9 Bos song.

I am looking at your deposition transcr,ipt, 10 266.

11 266, Line 18, counsel asked the question, "Say

()

12 Saturdays ana you f orwarded that to Mr. Simile and it 13 just so happened that they needed five inspectors for 14 CEA's that Saturday and there were five on the list that 15 you provided to him.

16 "Can you recall any incidents where all five 17 individuals that were on the list that you provided were 18 not given the overtime, that they took somebody else?

19

" Answ er, I know an instance but it wasn' t 20 necessarily on a Saturday.

It was weekdays.

All right.

21 Well, weekday.

22

" Answ er, I ain' t got nothing to do with the 23 weekday.

24

" Question, you don' t. ave anything to do with O

25 weekdays?

Sonntag Reporting Service, Ltd.

Genev a, Illinois 60134 (312)

'232-0262

9847 O

1

" Answ er, they worked in an area during a day.

Tony 2

in the past has went to the Leads and had them take 3

volunteers f or that particular day, turn in a list to 4

him is the way it's presented to me.

Then he would go 5

through that list and pretty much choose who he wanted 6

to work or whatever.

7 That was your deposition testimony, 266 and 277.

8 Do you recall any specific instance there, Mr.

9 Bossong?

10 A

I know there was one time they wanted five CEA 11 inspe ctors.

They asked the Lead to turn in five, and O

12 one of those five I den. t se11 eve any of them were 13 pi cked.

That was between him and another Lead on the 14 weekday.

15 Q

It was between Mr. Simile and another Lead aside f rom 16 yourself?

I 17 A

Ri ght.

I think that Lead lost his Lead j ob or whatever.

18 Q

Can you recall who that was?

19 A

I think Dan Marschner was the Lead Inspector.

20 Q

You learned about this instance from Mr. Marschner?

21 A

Yes.

22 Q

You began in January of 1984, and did you become aware 23 thereaf ter that at a point in the past Mr. DeWald, who 24 is then and now the quality control manager at Comstock, O

25 had previously done weld inspection work as a Level II t

Sonntag Reporting Service, Ltd.

Genev a, Illinois 60134 (312) 232-0262

9848 O

1 Inspector at the site?

2 A

I had heard he had done weld inspections there, yeah.

3 He was an inspector prior to -- I think he lef t and come 4

back as a QC manager, yes.

5 Q

Did you ever have occasion to examine a weld inspection 6

checklist, a Form 19 that was completed by Mr. DeWald?

7 A

I think I reviewed one in the vault when I was going 8

through documentation f or PTL rej ections.

9 Q

Did you have occasion to observe a DeWald checklist that 10 documented the inspection of in excess of 1,000 welds?

11 A

I have seen it.

O 12 Q

What were the circumstances under which you saw that 13 checklist ?

14 A

We were reviewing weld inspection criteria in the vault l 15 of completed documentation f or PTL rej ections.

We got a 16 third party overview that does our weld inspections.

17 Q

PTL?

18 A

Yes.

4 19 Q

All right.

20 A

If they were not conf orming we were going through 21 picking out an area in the 451 control room, an area 22 that had to be ~ turned over, and completing all the 23 documentation in that area looking f or any nonconf orming 24 items f rom the PTL review.

C1 25 Q

At the time of Mr. DeWald's work he did the initial QC Sonntag Reporting Service, Ltd.

Genev a, Illinois 60134 (312) 232-0262

9849 j

O 1

Inspection of the weld work, then a PTL overview 2

inspector came behind him and looked at a percentage of 3

his work?

4 A

Third-party review, yeah.

5 Q

The results of the PTL overview were documented on a PTL 6

overview form, I take it, listing --

7 A

It's a form attached to the inspection checklist, yeah.

8 Q

What was the purpose, again, of your review of those 9

documents?

10 What were you looking f or?

11 A

We were looking f or nonconf orming weld inspections in

()

12 the area of 451 and they were getting rea@r to complete

' 13 the room and we wanted to complete all inspections prior i

14 to this being done and evegrthing turned overtime.

15 Q

What do you mean by nonconf orming welding inspections?

l 16 A

Something that might have been bought off and rej ected 17 by PTL, Jught off by our inspection, rej ected by PTL.

l 18 0

What was the purpose of identifying those nonconf orming 19 weld inspections, then?

20 A

That they are nonconf orming, they had to be reinspected 21 and acceptable criteria to meet PTL's requirements and 22 overview and then they could be turned over to --

23 Q

These may have been welds that were perf ormed years 24 bef or e, inspected years bef ore, and overviewed by PTL O

25 years bef ore, at which time PTL f ound some that were Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 l

(312) 232-0262

9850 O

1 rej ectable, but they had no subsequent reinspection?

2 A

No reinspection perf ormed at the time, no.

3 Q

Were you trying to identify those instances?

4 A

Right.

5 Q

In that work you came upon this checklist of Mr.

6 DeWald' s?

7 A

Yeah.

I reviewed it in the vault.

They were all 8

documentations.

All we were doing is putting them back 9

in and writing down what needed to be reinspected, that 10 is all we were doing, a punch list.

11 Q

This was in what location, Elevation what?

O 12 A

I would have no idea.

13 Q

Was this the eievation that you were just ref erring to 14 when you were doing this turnover review?

15 A

Documentations go by prints but hangers and the way the 16 vault was set up there was diff erent --

17 JUDG E GROSSMAN :

Didn' t you j ust say 451?

18 THE WITNESS:

451 is the elevation we were 19 turning over but we were looking - PTL rej ections 20 didn' t all pertain to 451.

They were in a bunch and 21 then they could pertain to anyplace in the plant.

22 BY MR. GUILD:

23 0

So you encountered the DeWald checklist in the course of 24 doing the Elevation 451 turnover review, but the O

25 checklist itself may or may not have ref erred to 4517 Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9851 1

A Right.

2 Q

Is it likely that it did re.f er to 451 if it was in the 3

documents?

4 A

Not likely; but I think it had to do with a lot of cable 5

pan hangers.

6 Q

Were there no cable pan hangers?

7 A

Cable pan hangers are either above or below the 451.

8 Q

451 is the control rom?

9 A

Yes.

10 0

So there is a cable spreading room above and below the 11 control room?

O 12 A

Yes.

13 Q

Mr. DeWald's checklist directly related to either above 14 or below the spreading room?

15 A

Not nocessarily; but I presule it's not the 451.

16 Q

No cable pan hangers there?

17 A

N o.

18 0

All right, si r.

I understand.

19 Were there any other inspectors present with you 20 when you encountered this DeWald checklist?

21 A

I think Janet Lobue and me were going through them for a 22 special proj ect of getting this turnover through.

23 Q

What, if anything, did you do or say when you 24 encountered the DeWald checklist?

25 A

There was a lot of welds f or eight hours.

Sonntac Reportino Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9852 i

i 1

Q Did you bring it to Ms. Lobue's attention?

2 A

I think she brought it to mine.

3 Q

She found it and brought it to your attention?

4 A

Right.

5 Q

Did you bring it to the attention of any other QC 6

inspectors?

7 A

No.

Things that happened prior to that, I don' t know 8

what procedures there were.

I really can' t say.

Her e 9

or there the procedure might have allowed you to do -- I

^

10 don' t know what the criteria was at the time.

11 Q

We are trying to figure that out, too, Mr. Bossong; but

()

12 the question is really :

Did you bring that checklist to 13 anyone else's attention, either by show'ing it to them or 14 telling them about it?

15 A

I might have mentioned it to somebody but I don' t 16 remember who it was.

17 Q

Why was there, in f act, discussion among the QC 18 Inspectors of Mr. DeWald's thousand-weld checklist, 19 either that you started or --

20 A

Yeah.

That was all prior to me even finding that 1

21 checklist.

Everybody knew about it.

22 Q

So you had heard about it bef ore you f ound it?

23 A

Right.

24 Q

You may have passed on that discovery to others, too?

O 25 A

It was all -- it happened way bef ore I was even going on Sonntag Reporting Service, Ltd.

G enev a, Illinois bu134 (312) 232-0262

9853 Q

l the j ob.

2 Q

Can you -- we are diligently trying to find this 3

checklist, Mr. Bossong.

4 Can you provide the Board and parties with any 5

further descript; ion of what the checklist looked like or 6

what location it covered?

7 A

Just the 419.

Other than that I don' t know where.

8 Q

Can you recall how many welds were listed on it?

9 A

Not -- over a thousand.

I don' t renember.

10 Q

You can' t remember the specific number but it was over a 11 thousand and it was signed by Irve DeWald?

O 12 A

Yeah.

13 Q

Did it bear one or more dates by Mr. DeWald's signature?

14 A

I couldn' t say.

I never studied it that close.

15 Q

Have you seen it -- that checklist. since you saw it on 16 that occasion?

17

.A That is the only time I have ever seen it.

18 0

Did it ever come to your attention that in past times 19 bef ore you arrived on the site, Mr. Bossong, there was a 20 practice of QC Inspectors lending their hammers?

21 A

H ea rsay.

I couldn' t prove it.

22 Q

What was the nature of the hearsay or understanding that 23 you had on that subj ect?

24 MR. MILLER :

Your Honor, excuse me.

O 25 A

Strictly hearsay.

Sonntaa ReDortina Service, Ltd.

Geneva', Illinois 60134 (312) 232-0262

9854 t

O 1

MR. MILLER:

The witness is now really 2

talking about a runor and speculation that occurred in x3 events prior to his coming here.

I obj ect to the 4

testimony on the grounds that it is hearsay.

5 MR. GUILD:

Mr. Chai rman, it's obviously not 6

something that can establish the f act of what 7

transpi red, although the f act of what transpired should 8

be of concern.

j 9

The issue really has to do with understanding and 10 perception as it bears on the ultimate question in this 4

11 case, and that is Comstock management's attitude tavard

()

12 quality, of course, the attitude over time.

That 13 obviously influences the perceptions and perf ormance we 14 believe of quality control inspectors.

We don' t mean --

15 JUDGE GROSSMAN:

I understand that with 16 regard to other matters that have been raised, but I 17 don' t see how a practice of lending an identification 18 hammer or whatever it is called, knowledge of that could 19 have in any way influenced what QC inspectors thought 20 about management's attitude bout quality.

21 MR. GUILD:

W ell, si r, I believe that if the 22 witness -- I would like to -- it's a previous line but I 23 would like to complete the line of questioning.

That 24 was simply a foundation question to establish that he 25 had recollection.

I believe that the line of Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9855

()

1 questioning will be short, but will in the end establish i

2 what his understanding is.

3 JUDGE GROSSMAN:

We will allow it to continue 4

with the understanding that this hearsay testimony will 5

not establish the truth of the contents of that 6

testimony.

7 MR. GUILD:

Indeed.

8 BY MR. GUILD:

i l

9 Q

You understood f rom other inspectors, Mr. Bossong, that i

10 in the past, in 1980 in particular, that time f rame, QC 11 inspectors had lent their hammers to craf t supervision?

()

12 A

I had heard it.

That is all hearssy, like I said.

13 Q

What is your understanding as to the -- why was -- why 14 would craf t supervision want QC Inspector hammers or 15 stamps, as you understand it?

16 A

I probably wouldn' t think they wanted them.

It was i

17 probably QC inspectors shortcutting his work on getting 18 out there in the field that particular day or whatever.

19 0

What is your understanding of -- to what use did the 20 craf t supervision put the QC Inspectors' hammers?

21 What did they do with them?

22 A

They probably stamped the weld that they put in for that 7

23 particular day.

I don' t know.

l 24 Q

If this is, in f act, the case, it would involve craf t

()

+

25 supervision stamping a weld to indicate the weld had 4

~

Sonntac Reportina Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

8 9856

(:)

1 been inspected, when, in f act, the weld either had not 2

been inspected or the Inspector did not place a stamp 3

himself ?

i 4

A They would probably reinspect it again anyway.

At that 5

particular time the supervisor might stamp it.

6 Q

Craf t supervisor?

7 A

But the Inspector still has to complete the paper work

.i 8

on it so he's still got -- the paper work still has to j

9 be completed on that individual weld that was put in.

10 Q

I take it that you don' t have any personal knowledge of 11 this, this is simply an understanding you had f rom O

12

rumor, j

13 A

No.

The procedure, you have to back it up with paper 14 work, it has to be inspected or on a checklist.

15 Q

It's got to be written up on a checklist?

16 A

Right.

17 0

But if, in f act, the QC Inspector didn' t look at the 18 weld himself and loaned his hammer to a craf t l

19 supervisor, who simply stamped the work af ter the craf t 20 completed it --

21 A

I don' t know if that was the particular -- I don' t know 22 if that was the particular case or not.

It could have 23 happened that way, it could not have.

24 0

That would be inconsistent with Comstock's QC program?

()

25 A

Most definitely, yeah.

I am talking procedure now.

At l

Sonntag Reporting Service, Ltd.

Geneva, Illinois 6U134 (312) 232-0262

9857 O

1 that particular time I would say it would be the same 2

way but I couldn' t say for sure.

3 Q

Indeed.

4 Are you aware that Comstock management during.y6ur 5

course of employment maintained status reports that j

6 reflected the daily production of individual inspectors?

7 A

Yeah.

They have had status reports ever since I think I 8

worked there.

9 Q

Do you have an opinion as to whether management ever 10 used those to monitor the production of individual 11 inspectors?

, ()

12 A

I would say they probably used it f o'r multipurpose.

I 13 would say yeah.

14 Q

Had you ever heard, Mr. Bossong, of talk that Comstock 15 was under risk or danger of losing the contract for the 16 electrical work because of the backlog of inspections 17 performed?

18 A

Hearsay only.

19 Q

Is that talk among the QC Inspectors to that ef fect?

20 A

Yeah.

21 Q

Did you ever hear any ref erences made to that concern or 22 risk on the part of management, for example?

23 A

We used to have weekly meetings.

There is a lot of 24 things said.

I don' t r emember.

We could have.

I can' t 25 directly say yeah.

Sonntaq Reporting Service, Ltd.

G enev a, Illinois 60134 (312) 232-0262

9858 O

1 Q

You don' t have specific recollection today, but DeWald 2

would speak at those weekly meetings?

3 A

Yeah.

It was management and inspectors.

It wasn' t 8

4 always DeWald.

It could have been any of the 5

supervision.

i 6

Q Mr. --

7 A

Saklak, simile, anybody.

8 Q

Do you know a QC Inspector named John Seeders?

9 A

Yeah.

10 Q

Did Mr. Seeders ever bring to your attention any l

11 encounters with Mr. Saklak?

O 12 A

1 think we had one with Sax 1ak.

1 think he showed me a 13 letter one time.

14 Q

Did Mr. Seeders show you a copy of a letter that's been

~

15 received in evidence in this case, dated September --

16 I' m sorry -- dated August 17, 19847 l

17 A

Yeah.

I think that is the one I read up there at the 18 hearings in Chicago, depositions, f

19 Q

Were you shown that at your deposition?

20 A

Deposition.

i 21 Q

You had seen it bef ore, then, about the time Mr. Seeders 22 wrote it, I take it?

l 23 A

There or thereaf ter, yeah, right in that area, time 24 frame.

( O 25 Q

Seeders showed it to you?

~

Sonntag Reporting Service, Ltd.

Genev a, Illinois 60134 312).

232-0262

(

9859 O

1 A

Seeders gave me a copy, I believe.

2 Q

Gave you a copy.

All right, sir.

3 Did you have occasion to accompany Mr. Seeders to 4

visit the Resident Inspector?

5 A

N o.

6 Q

Did you have occasion to be directed by supervision to 7

perf orm any work in the calibrations area?

1 8

A Did I do work in calibrations?

9 Q

I' m sor ry ?

10 A

Af ter -- I was certified af ter John Seeders was gone.

11 John Seeders was the only Calibration Inspector

()

12 certified during this whole deal, this transaction.

l 13 Q

Yes.

14 For a time John Seeders was the Calibrations 15 Inspector?

16 A

Right.

17 0

There may be others certified in the area, but he did 18 all the calibrations?

4 19 A

He done all the calibrations work.

20 Q

Saklak and Seeders had an encounter.

21 Seeders wrote this letter that he gave you a copy i

22 of ; correct?

23 A

I don' t know what time f rame.

Yeah.

He eventually did, 24 yeah.

O 25 0

Did you understand that subsequently Mr. Seeders was i

Sonntaa Renortina Service. Ltd.

Genev a',

Illinois 60134

.. ~

_ (312),_

232-0262

9860

O 1

tranaf erred out of QC and given an engineering clerk 2

po sition?

3 A

Yeah.

j 4

Q Did Mr. Seeders discuss the circumstances of his 5

encounter with Saklak and his tranaf er with you?

6 A

I think af ter the f act.

7 Q

Did Mr. Seeders express to you any opinion about the 8

cause for his tranaf er, why he was tranaf erred?

9 A

I think everybody knew it was directly related to the 4

l 10 calibrations inspections.

j 11 Q

What did Seeders lead you to understand?

12 What opinion did Mr. Seeders communicate to you 13 about the reason f or his tranaf er?

14 A

I f orget what the deal was on some rej ected torque 15 wrenches t. hat got to the field and were they were using j

16 them, and the full story of it I never did receive.

17 Whatever I would say would be hearsay, anyway.

i 18 Q

I want to ask you about the calibrations records in a 19 moment, but what, if anything, do you recall Seeders 20 telling you about why he believed he would have been 21 transf err ed?

22 A

I believe it was probably because of Saklak getting to 23 him.

He didn' t really want to go in Engineering but he 24 was concerned.

He wanted to stay a QC Inspector.

That 25 is what he was concerned -- or approached me with.

Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9861 O

1 Q

Was it your understanding that he was essentially told 2

that he would either accept tranaf er or be fired?

i 3

A I think that is the way it was put to me, yeah.

4 Q

At least as you understand it f rom Seeders?

5 A

Right.

6 Q

All right, si r.

7 Af ter Seeders' tranaf er I take it you -- you 8

received some assignment to review calibrations records?

9 A

Yes.

We were working on an NCR 3492 or 3419.

I f orget.

10 Q

3419.

t

]

11 For how long a period of dme did you participate O

12 in ca11brations record reviews under that NcR2 13 A

off and on probably for four to six weeks, maybe.

It 14 wasn' t a f ull-time deal.

We were doing it spot.

We 15 didn' t have nothing else going.

16 Q

Was that shortly af ter Mr. Seeders' tr ansf er ?

17 A

Yeah.

18 Q

The f all of ' 84 7 19 A

Yes.

20 Q

With whom were you working in that capacity? Who else 21 did the work with you?

I 22 A

I think Myra Sproull was helping me on it and various 23 inspectors whenever they had f ree time.

I 24 Q

Did you have occasion to observe the quality of the O

25 calibrations documentation that you were reviewing?

i i

i Sonntaa Reportina Service, Ltd.

~

Geneva, Illinois 60134 (312)

'232-0262

I 9862

, ()

1 A

We were looking f or traceability on torque wrenches 2

mainly, setting up some f orms in the vault and booking 3

evegrthing together for a complete package for each 1

4 individual item.

1 5

Q Each torque wrench?

6 A

Or wire strippers.

We was working particularly on i

7 torque wrenches when I worked on it.

1 i

8 Q

All right.

9 A

We would group them all together and put all the 10 perspective documents of that individual torque wrench 11 in a package, and there is a cover letter on there that

(])

12 say s,

" certified" -

" certification" -

" certified, date 13 received on site," if anything ever was wrong with it, 14 where they sent it, just an index type of letter in the i

15 front.

16 Q

For the torque wrench?

17 A

Right.

18 Q

I take it that there was a time that someone had 19 perf ormed calibrations inspections bef ore Mr. Seeders?

20 A

The last two that was prior to them, they were all three I

21

-- the training was almost identical.

l 22 Q

What was almost identical?

23 A

All the inspectors f orms. and stuff the way they were 24 completed were almost ident; cal.

To me that is telling 25 me that they were pretty much trained by all the same

~

Sonntag Reporting Service, Ltd.

Genev a, Illinois bu134 (312) 232-0262

9863 O

1 individual or trained equally.

2 Q

You didn' t notice any distinction between the way Mr.

3 Seeders maintained his documents and the way the two 4

preceding Calibrations Inspectors maintained theirs?

5 A

No.

I would probably say procedurally they were doing 6

them right.

That is the way the procedures wrote at the 7

time.

8 Q

That applied to Mr. Seeders' work, as well as the work 9

of the preceding inspectors?

10 A

As f ar as I could see in my own personal opinion, yeah.

11 Q

Did you have occasion to work a special proj ect called O

12 the cable pan hanger walkdown program?

13 A

Yes, I did.

14 0

You and several other inspectors were assigned to that 15 special proj ect and worked f or Mr. Simile in that 16 capacity ?

17 A

Yeah.

18 0

Who were the other inspectors that worked along with you 19 in the cable pan hanger walkdown program?

20 A

Probably B ruce Brown, Mickey Gerrish, nyself, Larry 21 Per ryman.

There was a number of people, Paul Schultz.

22 O

Do I understand correctly that this is the program where 23 there was this special work instruction that you 24 ref erred to earlier that provided f or how the cable pan 25 walkdown -- cable pan hanger walkdown inspections were Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9864 O

1 to be perf ormed?

1 2

A Red-line drawings, yeah.

That is basically what we are 3

talking about.

We were doing as-builts and you were out 1

4 verifying the actual installation.

5 Q

All right, sir.

6 A

Any remarks you put on, you red mark them out and change 7

them and then S & L would analyze them, review them, see i

8 if they are structurally sound and come back, "Yes, they 9

are acceptable"; or, "No, they have to be reworked. "

10 Q

In the course of doing this walkdown program, which has 11 been testified to by others in some detail, you would

()

12 identify discrepancies in the configuration of these 13 cable pan h' angers; correct?

14 A

Yes.

15 Q

All right.

16 Instead of initiating ICR's and NCR's f or the 17 discrepancy that you identified, you would simply note 1

18 the as-built condition, including the discrepancy on the 1

19 red-line drawing, the Rev. A -- or the Rev. O drawing?

20 A

Rev. O drawings, yes.

21 0

Then subsequently a Rev. A drawing would be prepared, 22 there would be a Sargent & Lundy review of the 23 acceptability of the as-built configuration, and 24 ultimately there would be a signoff of the acceptability

(:)-

25 of the configuration on a configuration inspection, Form 4

I i

Sonntag Reporting Service, Ltd.

Genev a, Illinois 60134 (312) 232-0262

9865 i

O 1

7?

2 A

Yeah.

The Rev. O was a nonapproved drawing.

We would 3

- I would go get an approved.

Rev. A would be an 4

approved drawing.

5 Q

But am I correct in my understanding that you wouldn' t 6

write ICR's and NCR's f or the discrepancies in 7

configuration that you observed?

8 A

Rev.

O, no.

9 Q

Now, I understand that when you went to the field and 10 observed the field condition and compared it to the j

11 specified configuration on the specified drawing on j

O j

12 deta11 and procedure, you wou1d o asked to comgiete the 13 configuration checklist, Form 7?

14 A

Correct.

15 Q.

But you wouldn' t be allowed to initiate ICR's or NCR's

'16 for discrepant conditions?

17 A

This is correct.

18 Q'

Did you or others in the group of QC Inspectors that j

19 perf ormed this walkdown express any concerns to your 20 supervision about the way this walkdown program was 21 being perf ormed?

22 A

Def initely.

23 Q

What was the nature of the concern that you expressed?

)

24 A

We didn' t like signing off a completed checklist of 0

1 25 acceptability to an unapproved drawing, Rev.

O.

Ronntaa Reoortina Serv ice. Ltd.

Genev a',

Illinois 60134

(

312) 232-0262-

~_

9866 O

1 Q

Why was that, Mr. Bossong?

2 A

It wasn' t structurally approved by S & L yet, and we 3

were completing the checklist saying the hanger wasn' t 4

structurally analyzed as being sound prior to our 5

signing off the Form 7.

6 0

Was it your concern that your signature on the 7

configuration checklist, the Form 7, might be taken as 8

documentation of the final acceptability of that 9

hanger's configuration?

10 A

Yes.

11 Q

When, in f act, it was not finally approved and still

(])

12 subj ect to a S & L evaluation, the Rev. A?

13 A

That is when it becomes structurally sound.

The 14 analysis had been done.

15 0

That had not been done at the time you were asked to 16 complete the Form 7?

17 A

N o.

18 0

To whom did you express concerns of this order?

19 A

O u-Lead, Tony Simile.

20 Q

What was your supervision's response to these concerns?

21 A

They said it wouldn' t necessarily be a complete signoff.

22 Af ter you completed a Form 7 and accepted everything 23 it's got to be a final inspection.

That is the way we 24 interpreted it.

There was an amount of doubt there that 25 that could have been used against us.

Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9867 O

1 Q

I understand that the Form 7, as other checklists and 2

other QC checklists, has a space for the inspectors to 3

sign and date and it also has a space for a so-called 4

Level II review; is that correct?

5 A

Yes.

6 Q

What was the practice as you understood it under the 7

walkdown program with respect to the QC Inspector 8

signing the form -- the checklist -- and the Level II 9

reviews being signed?

10 A

The procedure is usually to address anybody at Level II 11 is -- the paper work is merely all blanks are complete

()

12 fo'r f ormality, completeness, legibility.

13 Q

Does the Level II signature generally reflect that the 14 Level II Inspector -- Level II Review Inspectors 15 actually went out and looked at the installation and 16 confirmed the initial inspectors?

17 A

Are we talking on the red-line drawings here?

18 0

I am talking about generally, the general practice.

19 A

Oh, generally.

That is two dif f erent situations.

l 20 Q

Right.

Understood.

21 Generally speaking, though, do I understand 22 correctly the Rev. 2 only looks at the paper and reviews

~

23 it f or completeness and clarity?

24 A

Yeah.

Level II is usually the Lead, completes the paper

()

25 work, makes sure the blanks are all filled, all lines Sonntag Reporting Servigg, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9868 O

1 are filled, neatness and legibility and signs it.

2 Q

But the Level II doesn' t actually go out and look at the 3

installation all over again, does he?

5 4

A No, because Level II signs the other side.

The Level II 5

that initially signed it was responsible for the 6

checklist.

l 7

Q That is how the practice generally was applied with 8

respect to the Level II Review.

9 How was the practice applied under the cable pan 10 hanger walkdown program?

11 A

Nothing documented anywhere but they said that the guy

O 12

-- th at L ev e1 II, the paper work wou1d fina11 e review l

13 of the Rev. O in comparison with the Rev.

A, if he was 14 happy with the changes that were made and all the 15 dimensions were identical to the Rev. O, he would sign l

16 it and that he would be responsible.

Nowhere did it

{

17 reflect that.

i 18 Q

That was what you were told would be understood by the j

19 Level II Review under this program?

20 A

Yes.

I 21 Q

But it was never set down in writing?

l 22 A

The work construction didn' t cover that phase.

j 23 Q

Did you bring the concern about that problem to your 24 management's attention?

O i

25 A

Def initely.

i Sonntag Reporting Service, Ltd.

Genev a, Illinois 60134 (312) 232-0262

9869 1

Q Mr. Simile included?

2 A

Yeah.

l 3

0 What was his response to that?

)

4 A

He got quite irritated with it, said we were causing 5

trouble in the program, tqring to delay it.

He was f

6 upset with us.

7 0

When you say, " upset with us," was it more than j ust 8

you?

1 9

A Me and Larq( PerRyman.

Bruce Brown was involved.

We 10 were concerned about signing it and being held 11 responsible for it later.

()

12 Q

What action, if any, did you and the other walkdown 13 inspectors take in response to yodr concerns about the 14 way your completion of the checklist would be 15 understood?

16 A

Well, we all asked f or transf ers out of the special l

17 work.

18 0

You wanted to get transf erred back to your normal' 19 in-process work?

20 A

Yes.

21 Q

Did you make a request to your supervision for such a 22 transf er ?

1 23 A

I did.

24 0

What was the response?

O 25 A

I think I got denied.

Then later on they come in the Sonntaa Reoortina Service, Ltd.

Genev a, Illinois 60134 (312) 232-0262

b.

9870 O

1 trailer and said that they had accepted it, we were 2

going - I think Tony made the statanant we were going 5

to be tranaf erred out but we didn' t like -- or wouldn' t j

4 like where we were going.

5 Q

Tony Simile said this to you?

6 A

Yes.

7 Q

And Mr. Perryman, as well?

8 A

Yes.

9 Q

He said you wouldn' t like where you were going; and 10 where did it turn out that you were going?

i 11 A

second shif t.

O 12 Q

1s that what you had r.euested when you reauestea a 13 transfer?

14 A

No.

15 Q.

That is what you got?

16 A

Yes.

17.

Q Do I understand that at the point where Mr. Simile 18 granted your modified amended request f or transf er, the 19 procedures were changed to note the concerns that you l

20 had been expressing?

l 21 A

The procedures had changed almost that same day.

22 Q

That change affected a note in the remark section of the 23 checklist to note what the significance would be of the 24 QC signature and the Level II signature?

O 25 A

Yes.

It is what we had been wciting on bef ore, anyway.

I Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134

, (312).

232-0262

9871 O

1 We were still writing it on our remarks.

We were 2

unhappy with signing it and w. put a phrase on there :

3 cover our bottoms.

4 Q

So bef ore'the procedure was changed you had, in effer 5

been doing what this procedure later called f or, and 6

that was noting what limitations your signature carried 7

with it?

l 8

A Yes.

9 Q

All right, sir.

10 Had you also f or a time been holding back the 11 checklists?

'()

12 A

Yeah.

I think we held them but we come back.

13 Q

Were you holding t' hem back until the Rev. A/Rev. O 14 comparison could be made and you could confirm that the 15 final evaluation was acceptable?

16 A

I think we was holding it back pending a decision on 17 that.

18 Q

Pending decision on the Rev. A/Rev. O comparison?

19 A

Right.

20 Q

Then at that point the checklist would get its Level II 21 review signature?

22 A

Right.

23 O

And would be complete and handed in?

24 A

Cor r ect.

O 25 Q

Did your management learn of your practice of holding Sonntaq Reporting Service, Ltd.

Genev a, Illinois 60134 (312) 232-0262

9872 O

1 back the checklist for that purpose?

2 A

Yeah.

I think the Leads went to the supervisor and said 3

they weren' t handing them in, because we turned in 4

daily, you knos, the amount of what we had done --

5 Q

Right.

6 A'

-- and complete with the photocopies of the drawings.

a 7

Yeah, management got word.

8 Q

What response did you hear back f rom management about 9

that?

10 A

I think that is what prompted the meeting that -- you 11 know, Tony got irritated with us, a day or two bef ore O

12 the procedure was chaneed.

13 Q

A day or two bef ore you were transf erred to where you i

14 didn' t want to go?

15 A

Correct.

16 JUDG E GROSSMAN :

Why don' t we take ten 17 minutes.

18 MR. GUILD:

Fine, Mr. Chairman.

19 (WHEREUPON, a recess was had, af ter which 20 the proceedings were restuned as follows:)

21 JUDG E GROSSMAN :

We are back in session.

22 Mr. Guild?

23 MR. GUILD:

Mr. Chai rman.

24 BY MR. GUILD:

O 25 Q

Mr. Bossong, you testified about your request f or Sonntag Reporting Service, Ltd.

Genev a, Illinois 60134

__ 312)._ 232-0262 _ ____._,

(

i l

9873

(-)

1 transf er of f of the cable pan hanger walkdown program, 2

and I want to show you a document that's been identified 3

as Bossong Deposition Exhibit 7.

It appears to be dated 4

May 14, 1985; and is that a Read and Reply Memo that you 5

sent to supervision requesting a transf er off that 6

program.

7 (Indica ting. )

8 A

Yes.

)

9 Q

All right,. si r.

10 The language that you use in f ull says, "I would 11 like to be transf erred f rom the cable pan walkdown group

()

12 back to one of my certified areas f or personal reasons. "

13 When you use the term, " personal reasons," what is 14 the significance of saying that, Mr. Bossong?

15 A

I wasn' t happy with the -- ny signature going on Form 16 7's, the checklists, completed checklists.

17 Q

That is a shorthand f or the reasons that the new 18 management understood, because you had communicated to 19 them your concerns?

20 A

Right.

21 Q

Mr. DeWald responds and says, "Not practical at this 22 time to transf er you, denied the transf er"?

23 A

Cor r ect.

24 They were right in the middle of the program and O

25 they said it wasn' t practical at that time to train Sonntaa Reoortino Service, Ltd.

~

Geneva, Illinois 60134 (312) 232-0262

1 9874 (2) 1 somebody else f or that particular j ob.

2 Q

But, indeed, of course, you got the transf er to the 3

place you didn' t want to go, as you testified, a week 4

later?

5 A

Correct.

)

6 Q

Several weeks later, I guess, two weeks later would be 7

pr ecise.

8 MR. GUILD:

Mr. Chai rman, that completes my 9

examina tion.

Thank you, Mr. Bossong.

10 JUDG E GROSSMAN :

Mr. Miller?

11 MR. MILL ER :

Your Honor --

()

~

12 JUDGE GROSSMAN:

You want a f ew more minutes?

13 MR. MILL ER:

Mr. Simile's name has been 14 mentioned a number of times and there are a number of 15 events that --

16 JUDGE GROSSMAN:

If you want to take a f ew 17 minutes you certainly -- I hoped you would have done it 18 earlier, because I thought Mr. Guild was close to 19 concluding, but that is fine.

Take whatever time you 20 need now.

21 MR. MILL ER:

Thank you.

I promise I will be 22 quite ef ficient once I do start.

23 JUDG E GROSSMAN :

We are of f the record now.

24 (There followed a discussion outside the O

25 record. )

Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9875 1

JUDGE GROSSMAN:

Let's -- we are back in 2

session.

i 3

Mr. Miller, you are up now with cross-examination.

4 MR. MILLER:

Good morning, Mr. Bossong.

5 THE WITNESS:

Good morning.

6 MR. MILLER:

We have met before.

My name is 7

Mike Miller.

I am one of the attorneys for Commonwealth i

8 Edison Company.

9 CROSS EXAMINATION 10 BY MR. MILLER:

11 Q

Mr. Bossong, Mr. Guild just was asking you about the

()

12 circumstances invol.ving the cable pan hanger walkdown 13 program, and I would like to begin my examination on 14 that subject.

15 Your request for transfer was made on May 14, 1985, i

16 in writing to Mr. DeWald and Mr. Simile; correct?

i i

17 A

Yes.

j 18 Q

Mr. DeWald wrote you back the next day and said that 1

19 because it was a short-term project, your request was 20 being denied; correct?

21 A

I think that's right.

22 Q

Let me show you the document that was verified.

This 23 was Exhibit No. 9 in your deposition.

24 (Indicating.)

25 A

Correct.

I Sonntag Reporting Service, Ltd.

eeneva, 1111nols oulae (312) 232-0262

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1 0

The pe rsonal reasons, I think you stated, involved your 2

concern about signing off the Form 7's and perhaps 3

having that signoff be interpreted as a final QC 4

acceptance of these cable pan hangers that were the 5

subject of the special walkdown; correct?

6 A

Correct, unapproved drawings.

7 Q

I would like to show you, Mr. Bossong, a copy of a 8

document that has been received in evidence as 9

Applicant's Exhibit 106 and ask you whether you have 10 ever seen that document before.

11 (Indica ting. )

()

12 A

We worked two or three revs on this one, so I don't know 13 which -- it says, " Issue date, 3/8/85."

I should have 14 read this one prior to --

15 Q

Yes, sir.

I want to represent to you that what I have 16 shown you is Revision No. 2, which has a date of May 21, 17 1985.

18 A

Uh-huh.

19 Q

I would like to specifically turn to the Form 7 that is 20 attached as a sample to the instruction revision; and 21 first of all, having looked at that document -- and you 22 can take additional time if you require it -- do you 23 recall seeing that revision to the cable pan walkdown 24 inspection procedure on or shortly after May 21st?

25 A

I went nights so I wasn't affiliated with this directly.

Sonntag Reporting Service, Ltd.

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1 O

Well --

2 A

I've seen the forms after, but when I don't know.

3 Q

Do you recall that you and Mr. Perryman were transferred 4

on the very same day?

5 A

Yes.

6 Q

Mr. Perryman -- do you recall the exact date on which 7

you were transferred out of that program?

l 8

A No.

1 l

9 Q

Mr. Perryman has testified that the transfer took place 10 on May 31, 1985, and I simply make that representation i

11 to you to ask you whether you now recall that, in fact,

()

12 the Form 7 for use in that special cable pan hanger 13 walkdown inspection had, in fact, been modified to meet 14 the concerns that you and the other Inspectors had 15 expressed prior to the time that you were transferred 16 out of the program.

17 A

Prior to?

18 0

Yes, sir.

19 A

They were changed around the particular time that the 20 memo was written on the 14th or 15th.

I don't know if I 21 went directly into -- if he says the 31st, it must have 22 been the 31st.

I don't really recollect, but I know it 23 was in May.

24 Q

If it was on the 31st, can we agree that the procedure 25 had, in fact, been changed approximately ten days prior Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9878 OO 1

to the transfer to reflec't the concerns that you and the 2

other Inspectors had expressed about the sign-off of the 3

Form 7's?

4 A

That might have been the 31st.

We might have received 5

it eight or ten days after.

6 Q

Thank you, sir.

7 A

That's filled in on the procedure.

They got X amount of 8

days to implement.

9 0

I'm sorry.

I didn't catch the last answer.

10 A

They got so many days to implement the procedure after 11 it comes out.

()

12 0

Let me show you the document that's been received in 13 evidence as Applicant's Exhibit 107, which is yet i

14 another revision to the cable pan walkdown inspection 1

15 procedure.

16 (Indicating.)

17 A

Revision 37 18 Q

That's Revision 3 dated May 29, 1985.

19 Do you recall having seen that document before 20 today?

21 A

They all basically said the same thing, you know.

22 Q

Mr. Bossong --

23 A

I can't tell-you the truth for sure.

24 JUDGE GROSSMAN:

Mr. Bossong, we just want 25 you to testify from your recollection.

If this Sonntag Reporting Service, Ltd.

ueneva, Illinois ovise (312) 232-0262

9879

()

1 refreshes your recollection, that's fine; but you don't

)

1 2

have to assume that what's said here is correct and l

3 testify to that just from seeing it.

4 If it refreshes your recollection and you recall 5

it, that's fine, but --

6 THE WITNESS:

I don't recall.

7 JUDGE GROSSMAN:

-- but if not, don't say 1

8 anything to the effect that you accept these assumptions 9

here.

10 BY MR. MILLER:

J l

11 Q

Well, let's see if we can't do a little better than

(])

12 assumptions, Mr. Bossong.

13 I would like to show you the second page of 14 Applicant 's Exhibit 108, and that appears to be a 15 personnel instruction log.

16 Is that your signature that appears in the 17 left-hand column, the fourth name down?

18 (Indica ting. )

19 A

Yes.

20 0

Can we agree that that indicates that you received one 21 hour2.430556e-4 days <br />0.00583 hours <br />3.472222e-5 weeks <br />7.9905e-6 months <br /> of training in Revision 3 to the supplement on the 22 S & L hanger walkdown for CECO NCR --

23 A

Yeah.

That's the documentation they use, yeah.

24 Q

Can we also agree that Revision No. 3 is the document 25 that's been marked and received in evidence as Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9880 0

1 Applicant's Exhibit 107?

2 A

Yes, that's what the 101 reflects.

j 3

(Indicating.)

4 0

And finally can we also agree that just as with Revision 5

2, that the Form 7 attached to Revision 3 contains the 6

legend in the remarks column which was responsive to the 1

2 7

concerns that you and the other Inspectors had about 8

what your signature on the Form 7 would signify?

9 A

Yeah, th'ey are both the same.

i 10 (Indicating.)

11 Q

Now, Mr. Bossong, when you were transferred to the O

12 second shift -- let me strike that and ask a preliminary 13 question.

14 After your request for a transfer that was denied 15 by Mr. DeWald on May 15th, did you make a further oral 16 request to be transferred out of the program?

17 A

I believe I made one other. request, yeah.

18 Q

And ultimately the request was granted and you were 19 transferred to second shif t;.is that correct?

20 A

When we were transferred and put this way, I personally 21 declined, after the procedure was changed, to stay in 22 that group.

23 MR. MILLER:

I'm sorry.

Please let me have 24 the Reporter read back the answer.

I just didn't catch 25 it.

I apologize.

Sonntag Reporting Service, _ Ltd.

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1 (The answer was thereupon read by the l

2 Reporter.)

3 BY MR. MILLER:

4 0

In other words, even after the procedure was changed, 5

you declined to stay in the group?

j l

6 JUDGE GROSSMAN:

Which group are we talking j

7 about?

8 A

The cable pan walkdown group.

I went back in the next 9

morning and asked them to stay in that group, being it 10 was all changed.

11 MR. MILLER:

I see.

()

12 A

(Continuing.)

I did.

I don't think Larry did.

I 13 personally did.

14 BY MR. MILLER:

15 0

When you say " Larry," you are talking about Mr.

16 Perryman?

17 A

Yes.

18 0

So that the change in the procedure had satisfied your 19 concern and you were perpared to stay in the group, but 20 you were nonetheless transferred; correct?

]

21 A

Correct.

22 O

You were transferred to second shift in what inspection 23 discipline?

24 A

Weld configurations.

. f}

\\

25 0

That was your area of primary specialization as far Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

i 9882 f

(2) 1 as --

l 2

A Primary.

3 JUDGE GROSSMAN:

Excuse me.

4 Miss Reporter, if you have a problem hearing 5

something, interrupt and ask to have it repeated.

6 BY MR. MILLER:

7 Q

Now, at the time, Mr. Perryman, you felt that this 8

transfer was -- I'm sorry, Mr. Bossong; I beg your I

9 pardon -- you felt that this transfer was retaliatory 10 for having raised these concerns with management; 11 correct?

()

12 A

Somewhat, yes.

13 Q

Now, in your capacity as union steward, you have 14 occasion to perform functions that are akin to 15 management functions in terms of personnel assignments i

l 16 and attempting to match the right people with the jobs 17 and so on; isn't that right?

18 A

We are al.1 aware of management rights, yes.

19 Q

Since you have had that position as union steward, your 20 perception of whether or not your personal transfer was 21 retaliatory has changed a little bit, hasn't it?

22 A

Yeah.

Management -- if I was in their predicament, I 23 would want to keep people in the areas, yes.

I would 24 say if I was in their chair, I might do some of the 25 things they do the same way.

Sonntag Reporting Service, Ltd.

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9883 O

1 Q

That would include perhaps transferring you to weld and 2

configurations inspections on the second shift at the 3

time that that happened?

4 A

I might have handled it a little bit different, yes, but 5

basically we need people in that area with different 6

certifications.

That would be to their advantage to do 7

that, yes.

8 Q

So from the perspective that you now have, having served 9

as a union steward, it's your feeling that perhaps the 10 transfer was not retaliatory; right?

11 A

To a certain point, yes, I do.

()

12 O

Now, Mr. Guild asked you some questions about the status 13 reports that all the QC Inspectors turned in each day, 14 and I think you said that they were used to monitor 15 individual Inspector performance?

16 A

I said they could be.

I don't know what their purpose 17 was.

18 Q

Oh, I see.

19 A

They could be used for that purpose.

20 0

All right.

J 21 A

For multiple purposes they could use them.

I 22 (Indicating.)

i 23 Q

Did anyone in QC management or supervision at Comstock i

24 come to you and say, in effect, "Mr. Bossong, we've been 25 reviewing your status reports and you are just not doing Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262 l

9884 f~h V

1 enough inspections"?

2 A

No.

3 Q

Do you know if that happened to any other Inspector?

4 A

Herschel Stout is the only one.

If they use that basis, 5

I imagine that's the status reports they used to surmise 6

his status at the time.

7 Q

Did Comstock management or supervision ever refer to the 8

status reports in the weekly meetings that you described 9

that were held by Mr. DeWald and Mr. Simile and Mr.

10 Saklak?

11 A

They'd usually give a status report on the things that

(])

12 were completed and things that were incomplete.

As far 13 as an individual, I don't believe so.

14 They may have insinuated sometimes, but they never 15 came out directly and said it --

16 Q

Did you have --

17 A

-- to my knowledge.

18 Q

Excuse me?

19 A

To the best of my knowledge.

I can't remember all that 20 stuf f that far back.

21 Q

To the best of your knowledge, Mr. Bossong, was there 22 ever a number of inspections that you were expected to 23 perform in a given time period; a day or a week?

24 A

You mean me personally or the group?

25 0

You personally.

Sonntag Reporting Service, Ltd.

ueneva, 1111nois ou144 (312) 232-0262

9885 i

C:)

1 A

No, not me personally because I would have probably 2

spoken my mind on it.

You can't put quotas on QC.

3 Q

Did anyone ever try to put quotas on QC, as far as you 4

know?

5 A

Hearsay maybe but not to me personally, no.

6 0

In any event --

7 A

I can't --

8 0

-- no quota was ever communicated to you?

9 A

None to my knowledge.

That 's my own pe rsonal feelings.

10 The other groups -- you know, there's four or five 11 different areas of grouping out there.

l

(])

12 Q

When you refer to your group --

13 A

Welding and config area.

14 See, we got the electrical side.

We got welding.

15 We got JB's.

Groups are all pretty much isolated under 16 an individual supervisor.

He's pretty much responsible 17 for that area of inspections.

18 Q

Your supervisor was Mr. Simile?

19 A

He's the general supervisor.

20 0

All right.

21 Who is your supervisor?

22 A

At what particular time?

23 Q

Well, perhaps we ought to just trace that through from 24 the time you arrived, January of 1984, until the 25 present.

Sonntag Reporting Service, Ltd.

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\\

()

1 A

Janua ry,

'84, Bruce Brown was my immediate supervisor.

4 2

Then I worked for -- there was a time frame there 3

where Worley Puckett was there.

We didn't know if he 4

was a supervisor or Saklak was over.

Saklak was when I l

i 5

went to electrical side, Saklak.

Tony was a gerteral.

6 Sometimes we worked for Richard Whitehead or we might 7

have worked for Dick Bowers.

Different areas had 8

different supervisors.

9 Q

All right.

10 A

If you were working out of the vault for research, you 11 might work for vault supervisors.

It depends where you

()

12 work nights.

l 13 Q

Mr. Guild asked you some questions about rumors and l

14 hearsay about QC Inspectors lending their hammers to 15 craft supervisors in the 1980 time frame.

16 First of all, from whom did you hear these rumors, 17 if you recall?

18 A

QC was a tight-knit organization.

They just talk among 19 themselves; among the Inspectors, probably.

4 20 Q

You can't recall any specific individual?

21 A

No.

22 Q

In any of the rumors or hearsay that you are aware of on 23 this subject, was there any indication that Comstock 24 management or supervision encouraged their Inspectors to i

- ()

25 lend their hammers to craftsmen?

Sonntag Reporting Service, Ltd.

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9887 i

1 A

Procedures involved in that time I wouldn't know about.

2 Q

Well, apart from the procedures, did anyone say that 3

whoever it was who was the manager at that time either i

4 encouraged his Inspectors or didn't care about whether 5

his Inspectors lent their hamrers to the craft j

6 supe rvisors?

7 A

Conversation never did get none in depth, so --

i 8

Q Now, what effect, if any, did these rumors have on your 9

performance as a QC Inspector?

l 10 A

None.

11 Q

Just kind of idle talk around the --

(])

12 A

Basically just talk, conversation.

I do my work.

I'go 13 out there and do the best of my ability, and that's what 14 I document.

15 Q

Based on your observation of your fellow QC Inspectors, 16 do you believe that this rumor about QC Inspectors in 17 the 1980 time frame having lent their hammers to craft 18 supervision had any ef fect on other QC Inspectors' 19 performance?

20 A

I couldn't speak for the rest of them.

I --

21 Q

Then Mr. Guild asked you about Mr. DeWald's checklist 22 that he prepared when he was a QC Inspector in 1981 or 23 1982, and I believe you testified that you had 24 personally seen one where there were 1,000 welds 25 recorded-on one inspection checklist.

Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

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)

1 Mr. Bossong, did you understand that that 2

inspection checklist signified that Mr. DeWald had, in 3

fact, inspected 1,000 welds in one day?

I 4

A In one day?

5 0

Yes, sir.

6 A

The date that was on it was the day of the signing off 7

of how many welds he done.

I can't say in that 8

particular time frame.

9 He could have been out and checked it for three

]

10 days and anything prior.

I don't know what procedures 11 he had.

8

(])

12 Q

Did you ever hear any discussion of the procedure for j

13 weld inspections which was used in the 1981 '82 time i

14 frame in which Inspectors would record their inspections 15 in little personal notebooks that they kept and then 16 document a number of days' inspections on a single 17 checklist?

18 A

I don't know it was a known practice on this job, but 19 I've seen it done that way before.

1 j

20 JUDGE GROSSMAN:

Excuse me.

21 Could you repeat that, Miss Reporter, the answer?

1 22 (The answer was thereupon read by the i

23 Reporter.)

24 A

(Continuing.)

I've seen notes kept in books when they i

25 transfer them to the documents, you know.

I personally Sonntag Reporting Service, Ltd.

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232-0262

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~

1 keep a little book sometimes myself when I'm going 2

through counting welds, but I usually do all my 3

paperwork on the same day.

4 BY MR. MILLER:

5 Q

I see.

6 But it's just convenient for you to have a notebook 7

to keep track of what --

8 A

You carry procedures in your notebook with you and you 9

just write down.

If we count a lot of welds on a 10 particular hanger, like a cable pan hanger -- you got so 11 many details and so many hangers, you make sure the

(])

12 amount of the welds you checked is, in fact, the number 13 that goes on the checklist --

14 Q

I see.

15 A

-- for that particular --

16 Q

Mr. Bossong, when you saw this checklist that had been 17 filled out by Mr. DeWald that had 1,000 welds or more --

18 there was just a single date on the checklist -- did you 19 personally believe that Mr. DeWald had inspected 1,000 20 welds in one day?

l 21 A

No; damn near impossible.

A lot of things determined 22 than; lengths of welds.

23 Sometimes one weld can about go around this room.

24 It depends on how long the welds are.

There's a lot of

(

25 information that goes into that.

Sonntag Reporting Se rvice, Ltd.

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m 9890 o

O 1

Q How accessible the inspection is; that is, do you have 2

to get a scaffold and so on to get up there?

3 A

Scaffold, ladders; anyway you can get up there to see 4

them.

5 0

What effect, if any, did seeing this thousand-weld 6

checklist from Mr. DeWald have on the way in which you 7

conducted your inspection?

8 A

On the way I personally done mine?

9 Q

Nes, sir.

10 A

None.

No, I got my way of doing things.

He might have 11 had his way of doing his.

It's irrelevant to my

({}

12 inspection.

13 0'

In fact, this thousand-weld checklist was kind of a joke 14 among the QC Inspectors, wasn't it?

15 A

Well, a lot of people talked about it even prior to me 16 seeing it.

You know, we ran across it in the vault that 17 day reviewing PTL order receipts, and it just happened 18 to be there in the package we was working on, I. guess.

19 0

So, in fact, nobody really took this document seriously 20 as an indication of what Mr. DeWald was doing or not 21 doing at that particular point in time in his career?

22 MR. GUILD:

I'm going to object, Mr.

23 Chairman.

24 That is just beyond the pale of leading.

It's Mr.

25 Perryman's opinion.

He submits it for affirmation by Sonntag R porting Service, Ltd.

veneva,' illinois oulae (312) 232-0262

9891 O

1 the witness.

It's simply not acceptable testimony.

2 MR. MILLER:

Your Honor, I believe that I'm 3

entitled to lead the witness on this subject.

4 MR. GUILD:

There are limits, Mr. Chairman.

5 JUDGE GROSSMAN:

There are limits.

I don't 6

know that the witness is a hostile witness to you, Mr.

7 Mille r.

8 I mean, he was called by one side, but he is not 9

one side's witness.

I don't believe any of the QC 10 Inspectors that we've heard have been treated that way, 11 whether you called them or Mr. Guild called them, so I

(])

12 think you ought to rephrase the question.

13 I think he has admitted that they treated it 14 somewhat as a joke, and you can ask him certainly in 15 what sense, if that's the sense of your question.

16 MR. MILLER:

I'll adopt the Chairman's 17 formulation.

18 BY MR. MILLER:

19 0

In what sense was this thousand-weld checklist regarded 20 as a joke by you and some of the other QC Inspectors?

21 A

I can't speak for the rest.

I take it as a joke.

Final 22 acceptance as a Level III -- that's Comstock function 23 and CECO's function.

24 A Level II Inspector -- he either accepts or 25 rejects.

That's all they go out there for.

They can Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

l 9892

()

1 get over -- overviewed by a Level III if they want an 2

overview, so it's the individual's feelings at the time j

3 how he took it.

4 My personal thought -- I just thought it was a 5

joke.

I can't speak for the rest of them.

6 JUDGE GROSSMAN:

But in what sense did you 7

think it was a joke?

8 THE WITNESS:

That amount of welds done in 9

that length of time.

10 JUDGE GROSSMAN:

You thought it was 11 impossible to do all those welds; is that it?

()

12 THE WITNESS:

In eight hours, if that's what 13 they were done in, yds.

14 JUDGE GROSSMAN:

That's what you assumed it 15 meant, to see 1,000 or more welds?

16 THE WITNESS:

I don't know.

I don't know the 17 procedures at that time frace.

They could have done it 18 on a piece of paper and done it over' two or three days.

19 I don't -- I can't speak on that particular phase in the 20 time frame it happened.

21 JUDGE GROSSMAN:

But nevertheless you saif 22 you thought it was a joke, so you must have made some 23 assumption.

24 THE WITNESS:

If it was done in eight hours.

1 25 I can't prove it was done in eight hours.

I can't Sonntag Reporting Service, Ltd.

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~

9893 O

1 assume nothing on that criteria that far back.

2 JUDGE GROSSMAN:

Well, did you then --

1 3

THE WITNESS:

I personally didn't let it 4

bother my inspections.

That's what I'm telling you.

5 JUDGE GROSSMAN:

I understand that, but you 6

are saying you thought it was a joke, so you must have 7

assumed that the checklist was saying something that you 8

thought was ridiculous.

9 Is that what you mean?

10 THE WITNESS:

Right.

I'm saying I assume it 11 was done in eight hours, but I don't know if it was or

(])

12 wasn't.

13 That amount of welds in an eight-hour period 'is'in 14 excess, you know, of what I feel somebody could do.

15 JUDGE GROSSMAN:

Okay.

So you assume that 16 that's what it was saying and you thought that was 17 ridiculous, and that's what you summarize as being a 18 joke; is that right?

19 THE WITNESS:

Righ'; basically, yeah.

20 JUDGE GROSSMAN:

Okay.

21 BY MR. MILLER:

22 Q

Mr. Bossong, did you ever go to Mr. DeWald and ask him 23 whether.he had done 1,000 welds in eight hours?

24 A

No.

25 Q

Did you see inspection checklists that were filled out Sonntag Reporting Se rvice, Ltd.

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9894 1

by other Inspectors in the same time period that had 2

hundreds of welds, maybe some with 1,000 or more welds?

2 A

I had heard there was, but I never seen them.

4 0

When other Inspectors mentioned this to you, did they 5

also say words to the effect, "If all these welds were 6

inspected in eight hours, this is ridiculous or it must 7

be a joke"?

8 A

That was pretty much a standing agreement.

9 Q

Do you recall ever hearing from -- do you know a QC 10 Inspector named Rick Martin?

11 A

Rick Martin?

j

(])

12 Yes.

13 Q

Did Mr. Martin ever describe to you his inspection 14 procedures in 1981 and 1982?

l 15 A

Him personally?

16 No.

I just heard about it through the information 17 channels of the other Inspectors.

18 Q

Did you hear through those channels that Mr. Martin had 19 accumulated inspection results in a personal notebook 20 that documented them on a single checklist, the 21 conclusion of several days' work?

i i

22 A

No, I don't think so.

See, I was going through an 23 inspection reinspection program on Martin.

I think he 24 had already lost his certification in welding when I got

(

25 on site, so I was reviewing some of his inspections, is Sonntag Reporting Service, Ltd.

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all.

2 (Indicating.)

3 Q

Now, you earlier testified in response to some questions 4

from me that, to the best of your knowledge, there had 5

been no quotas set for Inspectors and the status reports 6

had ne: been used to monitor individual Inspector 7

pr crmance with the exception of Mr. Stout.

8 MR. GUILD:

That wasn't exactly his 9

testimony.

10 A

I said they could have been used.

11 BY MR. MILLER:

(}

12 Q

Could have been, but the only one that you knew of where 13 that was, in fact, used was with respect to Mr. Stout.

14 I think you said that you were never consulted 15 prior to the time the warning was issued to Mr. Stout 16 regarding the number of inspections but that you may 17 have expressed an opinion about this subject after the 18 fact?

19 A-I can't say for sure.

I may have.

Sometimes I'm 20 outspoken in some certain areas.

21 Q

Do you recall to whom you would have expressed that 22 opinion?

23 A

I don't recall who I was working for at the time.

24 Q

Now --

25 A

No, I can't.

I can't really say.

Sonntag Reporting Service, Ltd.

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0 I think you stated in response to a question by Mr.

2 Guild that it was your belief that in calculating the 3

number of inspections that Mr. Stout performed, that 4

Comstock management had included his vacation time?

5 A

And days-off time.

l 6

Q And days off.

7 At your deposition, Mr. Bossong, you were shown a 8

document that was an exhibit to Mr. Stout's deposition, 9

and it was, in fact, the written warning to Mr. Stout.

10 If you'll give me a minute, I would like to get the 11 numbe r.

It is a portion of Exhibit No. 2 of Mr. Stout's

()

12 deposition.

13 (Indicating.)

14 Do you recall having seen that at your deposition, 15 Mr. Bossong?

16 A

I may have.

I don't really recall.

I remember seeing 17 something on Herschel Stout.

I don't know if this was 18 it or not.

19 (Indica ting. )

20 0

And you'll see attached to the warning a listing of days 21 that Mr. Stout was absent, and then there was also a 22 calculation, in pages that follow, of the number of 23 inspections that Mr. Stout pe rf ormed.

24 (Indicating.)

25 A

I know he missed a lot of days.

Sonntag Reporting Service, Ltd.

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()

l 1

Q Yes.

In fact, given his absences and number of 2

inspections that he perf ormed, it's your personal 3

opinion, isn't it, that lue was performing an unusually 4

low number of inspections; is that right?

1 5

A I don't look at this as a low number.

If the craft 6

ain't putting any hangers in, we ain't got that much to 7

do out there.

8 Q

Let me represent to you that Mr. Stout was in junction 9

box inspection --

10 A

Okay.

11 0

-- at that point in time, and I believe the warnings so

(])

12 reflect.

13 Would you then agree --

14 A

I know.

I consider it. low, pe rsonally, but that 's my 15 own personal feelings.

16 0

In fact, an unusually low number; isn't that right?

17 A

Yes, it's low; but I have to consider all situations 18 involved.

19 Q

Did ycu personally observe --

20 A

You got the date when he went in the JB's.

It seems 21 like it might have been why he started missing time and 22 really.didn't care for JB's, I guess.

23 JUDGE COLE:

JB means " junction box"?

24 THE WITNESS:

Junction box and equipment.

25 BY MR. MILLER:

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1 Q

Written warnings -- I'll represent to you and the Board 2

that the written warning indicates that Mr. Stout had 3

been in junction box inspections from January 28, 1985.

4 The date of the warning was March 19, 1985.

5 In your judgment, would that be a sufficient time 6

frame to become acclimated?

7 A

It's possible, to refresh his memory, yes.

8 Q

Did you personally observe Mr. Stout was absent many 9

Mondays and many Fridays?

10 A

At the time, no, because he wasn't directly under my 11 direction.

(])

12 Q

Did you subsequently come to understand that he was 13 absent many Mondays and many Fridays?

14 A

It was brought to my attention later on after he got the 15 written warning.

He wasn't worse than average, and it 16 really didn't concern me at the time, because I didn't 17 really have no shortcomings in the area.

18 Q

Do you know whether or not Mr. Stout was, in. fact, 19 looking for another job-during almost the entire time 20 that he was employed at Braidwood?

21 A

Yeah; but that goes along with a lot of QC Inspectors.

22 The grass always looks greener on the other side.

The 23 money is better.

A lot of them are going.

24 Q

In fact, Mr. Stout took another job outside the nuclear 25 industry, as far as you know; correct?

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1 A

Correct.

2 Q

Mr. Guild asked you questions about the denial of 3

overtime as a means of discriminating against 4

Inspectors, and I wanted to ask you about that a little 5

bit, Mr. Bossong.

6 My notes indicate that the question was asked in 7

just those terms, that it was a means of discriminating 8

against Inspectors, and I wanted to ask you:

9 What discrimination were you referring to?

Why i

10 were they being discriminated against?

11 A

Not really discrimination.

I said they used a little

()

12 favoritism.

13 If they are certified in an area and they work in 14 that area all day long in excess of eight hours normal 15 shift, they could be asked to work an extension of that 16 shift rather than bring some new guy in that was 17 unfamiliar with the goings-on all that day.

)

18 So rather than do that, they try to keep the 19 Inspector that worked in that area for the first eight 20 hours2.314815e-4 days <br />0.00556 hours <br />3.306878e-5 weeks <br />7.61e-6 months <br /> to stay and complete the shift.

21 That would make sense.

You know, he's more 22 familiar with it.

He can get the job done quicker, 23 rather than pull somebody in completely that hasn't been 24 working in that area for a couple months and taking the

\\

25 time to refresh his memory or refamiliarize him with Sonntag Reporting Service, Ltd.

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1 general notes.

That would be an advantage to them --

2 Q

Mr. Bossong --

3 A

-- Comstock management.

4 Q

Perhaps my question wasn't as precise as it should have 5

been.

6 You said that you had heard about one instance 7

involving Mr. Walters and Mr. Landers and you couldn't 8

recall the Inspector involved?

9 A

I didn't say Landers, I don't think.

10 Q

Okay.

Well, do you remember -- was Mr. Walters an 11 individual who --

(])

12 A

Mr. Walters is supposedly the one that made the 13 statement.

14 The Inspector I don't know.

15 Q

What was your understanding of what the statement was?

16 A

If he didn't produce more, that he'd be taken of f the 17 overtime list, basically.

18 I don't know if that was the exact quote, but that i

19 was basically what the context was.

20 Q

Was the Inspector Mr. Bowman?

21 A

Yeah, I believe it was.

I'm not so sure.

22 JUDGE GROSSMAN:

The witness just raid, "I'm 23 not so sure."

24 A

(Continuing.)

I don't know if it was Therman or not.

! O 25 It could have been.

I'm not real sure.

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1 BY MR. MILLER:

2 0

In any event --

3 A

That's the only one I know about.

4 Q

Do you recall the approximate time frame in which this 5

occurred?

6 Was it before or af ter, for example, Mr. Saklak 7

left the site?

8 A

I think it must have been after.

I don't know if Mr.

9 Walters was c supervisor until Saklak left or not.

I 10 don't know what time frame he became a supervisor.

11 Q

N ow, I think you then described for Mr. Guild your

()

12 concerns about the way in which overtime was handled on 13 a more general basis; that is, that you were concerned 14 about the fact that you would compile a list of 15 volunteers for overtime and Mr. Simile might not choose 16 any of the individuals who volunteered; is that correct?

17 A

That's union and management there.

That goes on every 18 day.

I really don't think that's pertinent to this.

19 Q

Well, in other words, you regard that as a management 20 prerogative to decide --

21 A

That's a mutual agreement when it's done.

It wasn't 22 done that way, but it's going that way now.

But boy, it 23 wasn't -- but I understand management rights in their 24 key positions and special training and impact areas.

O 25 0

When you say you understand management rights with Sonntag Reporting Service, Ltd.

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9902 0

1 respect to special projects and impact areas, that is 2

that management has the right to select the individuals 3

they wish for those special projects and impact areas?

4 A

Not completely select but they should reach an agreement 5

with the union and use the agreement that they can't use 6

the same people all the time if they are going to 7

equalize everything, so it's a decision that's ongoing 8

through management and labor all along unless we sit 9

down and discuss it.

10 You know, any job I've ever been on we've had that.

11 I don't think it's pertinent to this particular case.

(])

12 O

In other words, you don't regard this situation, with 13 respect to overtime, as constituting harassment or 14 intimidation of QC Inspectors?

15 MR. GUILD:

What is "this situation"?

16 JUDGE GROSSMAN:

Yes.

Are we talking about l

17 the current one or the past one, Mr. Miller?

18 MR. MILLER:

The past one.

19 A

The past one I had problems with.

That's why we're all 20 getting together and sitting down now and deciding 21 numbers versus names, and we all -- it's a mutual 22 agreement when we are done, and we all sign it.

23 BY MR. MILLER:

)

24 Q

Right, but --

25 A

Prior to this I didn't fully agree with the say they H

Sonntag Reporting Service, Ltd.

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were doing it.

2 Q

Did you regard it as a way of harassing or intimidating l

3 QC Inspectors?

4 A

Somewhat to a point, then -- not completely.

It's a 5

type they can work people they want, you know, but with 6

the understanding that certain people are certified in 7

some areas in something, anyway.

8 Q

Well, did you understand that Inspectors were being 9

selected for overtime because they were less likely to 10 write up ICR's and NCR's?

11 A

My own personal feelings, perhaps.

I know I speak for

({J 12 myself.

It's somewhat, yes; not completely, because 13 some areas requi're'a little more finesse of an Inspector 14 as far as the write-ups and whatever.

15 They want certain people in certain areas doing 16 certain inspections, you might say, or a special project 17 type of work, and they'll set up these little groups.

18 The people that are more familiar with them -- they've 19 worked in the area longer.

20 See, we got 11 certifications out there, and 21 everybody don't work in the same one every day.

It's --

22 it's -- it's rough to equalize overtime when you got 11 23 certifications.

24 Q

And I --

s 25 A

So I understand we have a problem equalizing it daily or Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

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1 weekly, but we can equalize the hours, say, monthly or 2

qua rte rly.

That's what we shoot for, not daily.

It's 3

almost impossible to do something like that.

4 But a lot of people don't see it that way, and 5

there is friction out there because they think 6

management-is picking favorites to work in these areas 7

and depriving men of working overtime.

8 In three months' time, welding might pick up and 9

equalize the overtime and terminations might not be 10 working.

So you got to give it time to equalize, not 11 daily, so that's the area of my job.

(])

12 At that particular time I might have felt that way, 13 but I don't now, okay.

14 0

In other words, viewing it now, you don't believe --

i 15 A

No.

We can pretty much sit down and discuss it now of 16 how it's going to happen.

17 JUDGE GROSSMAN:

Excuse me.

Let's 18 distinguish here between your opinion now as to what 19 goes on now and your opinion now as to what went on 20 before.

21 Now, I understand that you've said your opinion in 22 the past, as to what went on in the past, was th t there 23 was favoritism; and your opinion now, as to what goes on 24 now, is that there is not?

25 THE WITNESS:

Right.

We're more union Sonntag Reporting Service, Ltd.

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1 involved in this situation.

2 JUDGE GROSSMAN:

Okay.

But the question that 3

Mr. Miller is asking you is:

What is your opinion now 4

as to what went on before?

5 Is it still that there was favoritism or is it your 6

opinion now that there wasn't favoritism in the past?

7 Now, which is it?

8 THE WITNESS:

I would say there's favoritism 9

in the past and not now --

10 JUDGE GROSSMAN:

Okay.

11 THE WITNESS:

-- to a point.

()

12 BY MR. MILLER:

13 Q

On what basis was the favoritism exercised?

14 I mean, was this based on personal friendship with 15 supervisors or management or some other basis?

16 A

My personal feeling is probably a personal relationship 17 with a supervicor.

18 Q

Now, it's a fact, is it not, Mr. Bossong, that at some 19 times it's pretty hard to get Inspectors to work 20 overtime?

21 A

Sometimes, not always.

We usually man the job.

We 22 don't have any problems.

23 0

Well, wasn't there at least one instance when the craft 24 had to be sent home on a Saturday because there were 25 insufficient QC Inspectors to work overtime?

Sonntag Reporting Service, Ltd.

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1 A

Not as far as our fault; Comstock's fault.

2 We had three cable pullers at night, and we 3

requested five.

They said they'd man it, but there was 4

only three on the job.

If they don't notify anybody to 5

get more Inspectors, we can't supply them.

It's 6

miscommunications, i

7 Q

Well, there was also a case of some perhaps 8

misinterpreted communications in a conversation that you 4

9 had with a QC Inspector named Lechner regarding 10 overtime; correct?

11 A

As far as me and him, there was no problem.

As far as a

(])

12 supe rvisor, maybe yes, he had a problem.

13 0

Well, in fact, you asked Mr. Lechner to work overtime 14 and he declined; is that correct?

15 A

He never works overtime.

16 0

Well --

17 A

But in my business I got to ask everybody.

18 Q

You had to ask everybody, and you say he never works 19 overtime <

20 A

He usually don't work overtime; very seldom.

21 Q

He turned you down, and you may have said something to 22 the effect --

23 MR. GUILD:

Objection.

24 You know, Mr. Miller is perfectly free to establish 25 what Mr. Bossong knows and feels about the Sonntag Reporting Service, Ltd.-

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1 administration of the overtime policy.

That's clearly 2

within the scope.

3 But, you know, there's -- he wants now to elicit 4

gratuitous testimony that is beyond the scope of the 5

witness ' direct examint.':lon.

6 I think he has an obligation to show relevance.

I 7

submit that his next question which he intends to put to 8

the witness is to recite what he understands the witness 9

said on occasion, and that has nothing to do with the 10 scope of direct examination.

11 MR. MILLER:

Well, your Honor --

()

12 MR. GUILD:

Overtime is simply an excuse to 13 get -- for Mr. Miller to read this statement, this 14 gratuitous statement.

15 MR. MILLER:

Why don't we excuse the witness.

16 JUDGE GROSSMAN:

So far I haven't heard 17 anything objectionable about the scopc.

18 I think we are going on a little dangerous ground 19 with leading here, but so far we've stayed within the 20 ambit of the direct examination.

21 So you can continue, Mr. Miller, but try not to 22 lead the witness.

23 MR. GUILD:

Mr. Chairman, I would suggest 24 that the witness be excused, and Mr. Miller -- I 25 anticipate his next question from the line of Sonntag Reporting Service, Ltd.

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examination in his deposition, and I would ask that the 2

Chair consider the appropriateness of the question he's 3

going to put outside of the hearing of the witness.

4 JUDGE GROSSMAN:

Mr. Bossong, would you 5

please step outside for a few moments, and we will call 6

you back.

7 (Witness excused.)

8 MR. MILLER:

Your Honor, the testimony that j

9 I'm about to or, hopefully, will elicit from the witness 10 and the fact that is reflected in his deposition 11 testimony is that he made a physical threat to Mr.

(])

12 Lechner in connection with this request to work 13 overtime.

14 He says tnat the threat was joking and Mr. Lechner 15 understood it'as such, but in view of -- and I intend to 16 ask him about that.

17 He was asked at his deposition as to whcther or not i

18 other Inspectors observed this and whether or not they 19 knew that this was a joke.

He said, I believe the 20 testimony is, that he can't be sure; he doesn't know 21 whether or not they took it as a joke.

22 In view of all the testimony that we've had here 23 about how Inspectors perceive what is going on and take 24 it to heart, I think that the fact that Mr. Bossong, in 25 his role as union steward, which is the function he was j

Sonntag Reporting Service, Ltd.

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1 performing here, may have made an inadvertent threat is 2

something that ought to be before the Board as a matter 3

of record.

4 JUDGE GROSSMAN:

Well, I don't see that 5

that's before the Board at all, Mr. Miller.

6 I mean, it seems to be along the usual technique l

7 that Applicant has adopted here of trying to find 8

anything in a witness' background, as unrelated to the 9

case as possible, with which to simply discredit the 10 witness.

I 11 Anything in the past, whether it's at Zimmer or

(}

12 something in the past record -- I don't see any 13 relationship.

Now,-what we've had before with regard to 4

14 the climate has to do with the attitude of management.

l 15 Now, what a person's past record on every aspect of 16 his lifc has to do with this case I don't see.

I think 17 it's intimidating, and I think it's just not within the l

1 18 scope of the hearing to do that.

j 19 MR. MILLER:

Your Honor, Mr. Guild raised, on I

20 direct examination of this witness, the question of how t

21 overtire was administered; and it is in connection with 22 the administration of overtime that this threat was 23 made.

a 24 JUDGE GROSSMAN:

Well, that's right.

12 you 25 want to establish the point that on at least one Sonntag Reporting Service, Ltd.

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9910

()

1 occasion Mr. Lechner refused overtime, you've already 2

established that point.

You've established more.

l 3

The witness has indicated that Mr. Lechner usually 1

i 4

didn't want to work overtime.

That's fine.

You've 5

established that.

We had no objection to that, and 6

that's within the scope of what was asked on direct.

7 Now, whether Mr. Bossong ever threatened anyone 8

else is just not within the scope of the hearing, and I 9

don't think we are going to subject the witnesses to all 1

i 10 that kind of searching in their background for any 11 peccadillo on their part that's unrelated to the case.

()

12 MR. MILLER:

Your Honor, it's not a 13 peccadillo that's unrelated to the case, in my judgment.

14 It was the fact that this threat was made to Mr. Lechner 15 in connection with overtime.

16 JUDGE GROSSMAN:

But the point you are trying 17 to make was that Mr. Lechner didn't want to work 18 overtime, and you've made that point.

19 We are not going to go any further on that, so 20 let's call the witness back in.

21 MR. MILLER:

I would like my representation l

22 as to what the witness would testify to the matter as an 23 offer of proof.

24 JUDGE GROSSMAN:

Okay.

That's fine.

You 25 made your offer of proof on that, and we have that in Sonntag Reporting Service, Ltd.

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()

1 the record now.

You can refer to the pages in the 2

deposition.

3 MR. MILLER:

Those are found at Pages 102 and 4

103 of Mr. Bossong's deposition.

5 JUDGE GROSSMAN:

That's fine.

6 BY MR. MILLER:

7 Q

Mr. Bossong, in response to an earlier question, I think l

8 you said that it appears that over time -- for a period 9

of time, the overtime evens out among inspection groups; 10 is that correct?

11 A

Yes, it can.

I won't say it will, but it can.

I ()

12 Q

In fact, didn't BESTCO, for the period of January to 13 June,1986, trend the amount of overtine that each 14 inspector had received for that -- for that time period?

15 A

A trend?

16 I wasn't aware of it.

17 Q

Or calculate it in such a way so one could determine 18 whether or not an Inspector or Inspectors had received 19 more or less overtine than their fellows?

20 MR. GUILD:

It's a matter of controversy.

21 It's simply beyond the scope of any conceivable relevant 22 testimony about overtime.

l 23 We've simply talked about a period of time that 24 occurred, by everyone's testimony, in the past; and even p)

(-

25 this witness' testimony is that he didn't have any

)

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()

1 gripes about the way it's done now.

2 I don't think we are in dispute of what's happening 3

now in 1986, so it may or may not be the case that 4

they've trended overtime records.

5 But it's really beyond any conceivable relevance.

6 JUDGE GROSSMAN:

Is your question in regard 7

to current-day practice?

8 MR. MILLER:

Your Honor, Mr. Guild's 9

questions to the witness, after he talked about the one 10 incident with Mr. Walters, was that he then went to --

11 after the union was certified, which is July of -- the

(])

12 end of July of 1985; and if, in fact, all of that is not 13 within the scope of the hearing, then I'll drop the 14 line.

But Mr. Guild --

15 MR. GUILD:

It is, and I was trying.to steer 16 the witness back to the time it was relevant, because he 17 raised a point of how things are now.

I said, in fact, 18 "No.

Let's talk about how things were in the past.'"

19 I really don't -- didn't mean to raise present 20 practices, and I don't have any problem with the witness 21 saying he is satisfied with present practices.

22 MR. MILLER:

Post union --

23 JUDGE GROSSMAN:

Mr. Guild, are you saying 24 that current practice is relevant but you didn't raise 25 it?

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1 MR. GUILD:

No, sir.

I'm saying it's not 2

relevant.

I raised prior practices.

i 3

MR. MILLER:

I'll drop the line altogether.

4 JUDGE GROSSMAN:

Okay, that's fine.

5 BY MR. MILLER:

6-Q I would like to -- I'd like to go now to the March 29, 7

1985, meeting that you attended with the two Resident 8

Inspectors from the NRC.

9 Mr. Bossong, it's correct, is it not, that you had i

10 earlier talked to both Mr. DeWald and Mr. Saklak 11 directly about their practice of criticizing Inspectors

(])

12 in public?

13 A

I remember talking to DeWald.

had mentioned it to i

j 14 him, yes.

15 0

All right.

i 16 A

I may have mentioned it to Rick, too.

I don't know, i

17 0

With respect to Mr. DeWald, how much prior to March 29, q

18 1985, was this conversation that you had with Mr. DeWald.

19 regarding his chastising of Inspectors publicly?

l 20 A

How long before?

I 21 Q

Yes.

n 22 A

I have no idea.

23 0

Well, was it a year earlier or some months earlier?

24 A

Probably some months earlier.

25 Q

Do you recall the occasion for your going to Mr. DeWald Sonntag Reporting Service, Ltd.

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(

l 1

and talking to him about this subject?

2 A

Do I recall the occasion?

3 0

Yes.

4 What was it that stimulated you to go and talk to i

5 Mr. DeWald?

6 A

We had group meetings.

We talked about it in-front of 7

groups.

8 In fact, there's a case come up where a couple 9

Inspectors wrote something up as a question, and they 10 come out -- and he chewed him out in front of CECO 11 people and six or eight or ten of our Inspectors.

(])

12 You know, what the situation was at the time I 13 don't know, but I told him it wasn't real good 14 management practices; if he had something to say to him, 15 take him outside and speak to him one on one.

16 0

What was Mr. DeWald's response to your comment?

17 A

He agreed with me that he should do that.

18 Q

Did you notice any difference in Mr. DeWald's dealings 19 with you pe rsonally after you had this conversation with 20 him?

21 A

It's hard to say whether -- he speaks to you sometimes; 22 he don't other times.

It's hard to'say.

23 Q

He's just not a very communicative individual sometimes; 24 correct?

25 A

Right.

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(

1 Q

I think you stated that -- well, first of all, do you i

2 ever recall having a similar conversation with Mr.

3 Saklak?

4 A

I talked to him once before and told him that -- I did 5

it one on one -- that if he was setting me up to do 6

something, you know, I'd just as soon he wouldn't get in 7

the middle of it and be upset with me.

8 On the cable pulling side, when I got transferred 9

in there -- because I was upset I had to go over there 10 and he was pushing this NCR and stuff on me and doing j

11 weld inspections -- I might have pushed him if there was j

12 a reason for it, why I wasn't doing cable pulling in

(])

13 that type of situation.

14 Q

I think you said, in response to a previous question, 15 that you were being set up for something.

16 What do you mean by that, sir?

17 A

I couldn't understand why I was taken out of welding and 18 put in cable pulling.

(

19 0

Well, had you, in fact, requested a transfer out of the 20 welding area?

21 A

No, not to my knowledge on that one.

22 The only time I think I wanted to be transferred is 23 the red line drawing and then when I resigned.

24 0

When you resigned as Lead in the cable pulling area, did

(

25 you ask for a transfer into --

Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9916 O

1 A

I just asked to be resigned and reassigned to my old 2

area.

3 0

Which was welding and configuration?

4 A

That's what he wrote on there.

5 I just asked to be transferred out -- not 6

transferred but resigned.

I think Irv put on the bottom 7

"in the old inspection group" or "back in inspection 8

group" or something he wrote.

9 Q

That was satisfactory to you; you wanted to be back in 10 welding and configuration; correct?

1 11 A

Correct.

(])

12 O

And the special cable pan walkdown inspection was, in 13 fact, a configuration inspection?

14 A

That was later; I think a month or so.

I don't know if 15 that was immediate or not.

16 0

Oh, I see.

17 In any event, after you resigned as Lead, you did 18 go into welding and configuration again?

19 A

Yeah, backlog, pulling stuff out of the vault and 20 reinspecting.

21 Q

Returning to your conversation with Mr. Saklak, Mr.

22 Bossong, you said you couldn't understand why you were 23 not doing cable pulling inspections?

24 A

Function as a cable pulling Lead.

)

25 0

What was Mr. Saklak's response?

Sonntag Reporting Service, Ltd.

ueneva, Illinois eulse (312) 232-0262

9917 l

O 1

A He wanted me working on this other stuff, I guess.

He'd 2

pull a guy out of another area and throw him in cable 3

pulling or checked cables or checked reel yard 4

temperatures.

Basically it's the Lead's duty to do 5

that, keep ambient temperature logs and cable yards.

6 Q

Did Mr. Saklak give you any explanation as to why you 7

weren't performing those functions and why he had 8

somebody else doing them?

9 A

No.

He just told me he was putting me on that other 10 area, NCR closeout, the red dots.

A red dot is a hot j

11 one they got to get.

" Priority zero" they call them.

({)

12 It's holding up some other type of inspection or 13 performing some other type of installation that you got 14 to go -- like if there's an NCR pending on a cable pull, i

15 it has to be closed out before they can pull the cable.

16 Q

Did you understand that was because you were one of the 17 most conscientious and talented Inspectors that Comstock 4

18 had?

j 19 A

No.

20 Q

You received an evaluation from Mr. Simile which 1

21 indicated he thought very highly of you?

22 A

I seen that after the fact, the first tire I seen that 23 up there.

24 Q

Nobody ever told you you were doing a good job?

25 A

No.

i Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134

.(312) 232-0262

9918 O

1 Q

You didn't, in fact --

2 A

It's irrelevant, anyway.

You do the best you can, 3

anyway.

It don't make no difference whether anybody 4

likes it or not.

You have to meet your own conscience 5

and satisfy your own conscience.

6 Q

Did you infer, from the types of assignments that you 7

were given -- for example, being put on the so-called 8

red dot NCR's -- that you were highly regarded as an 9

Inspector?

10 A

No.

11 0

So Mr. Saklak never really responded to your --

(]}

12 A

Not directly.

I don't think I'd worry about him not 13 answering directly, taking into consideration he may not 14 ever get back with an answer.

15 0

Was Mr. Saklak abusive to you?

16 A

No.

I'd just speak back to him.

That's what they 17 didn't like.

18 Somebody would listen to him.

He'd get 19 intimidated, maybe, but I didn't get intimidated that 20 easy.

That's my own personal feeling.

21 (Indica ting. )

22 JUDGE GROSSMAN:

I'm sorry.

Could the 23 Reporter read that whole answer back, please.

j 24 (The answer was thereupon read by the 25 Reporte r. )

Sonntag Reporting Service, Ltd.

ueneva, 1111nois oulae (312) 232-0262

l 9919 Ov 1

MS. CHAN:

Your Honor, I'm having trouble 2

hearing both the witness and the Reporter.

3 JUDGE GROSSMAN:

Could you read it back out 4

loud, please.

5 (The answer was thereupon read by the 6

Reporter.)

7 JUDGE GROSSMAN:

I still have problems with 8

the first sentence.

9 MS. CHAN:

I didn't hear the first sentence, 10 either.

11 JUDGE GROSSMAN:

Again, the first sentence.

()

12 (The answer was thereupon read by the 13 Reporter.)

14 BY MR. MILLER:

15 0

Mr. Bossong, did you speak back to Mr. Saklak in this 16 conversation that you've been testifying to when you 17 questioned him as to why you were not doing your cable 18 pulling Lead function?

19 A

It was in the form of a question.

You know, I can't 20 speak back to him.

It was a question to him.

21 Q

Did either of you raise your voice during this 22 conversation?

23 A

No.

24 MR. MILLER:

Did you get the answer?

25 THE NOTARY:

Yes.

Sonntag Reporting Service, Ltd.

Geneva, I:linois 60134 (312) 232-0262

9920 L O l

1 BY MR. MILLER:

2 Q

I think you stated that others may just listen to Mr.

3 Saklak and not respond and be intimidated.

4 Did you observe that occurring?

5 A

Did I observe it?

No.

6 Some of them said that he was that way -- that's i

1 1

7 hearsay again -- that he would intimidate Inspectors 8

until somebody signed it off.

9 I don't get intimidated that easy.

I make up my 10 mind.

I'll document it -- if he tells me to sign it 11 off, I'll document it and sign it off, but Rick Saklak l

((}

12 puts the monkey back on his back.

13 Q

Do you have any direct information -- hearsay or direct 14 information of an Inspector signing off a document at 15 Mr. Saklak's direction?

16 A

signing one off or trying to get him to sign off?

17 Q

Actually signing it off.

3 18 A

Not to my knowledge.

19 Q

Now, in fact, you understood that Mr. Saklak had tried 20 to get Mr. Snyder to sign off --

21 A

That's --

22 0

-- a document?

23 A

I wasn't there as a witness.

That's the way I 1

24 understood it to be.

)

25 0

And he had tried to get Mr. Mustered to sign off a J

{

Sonntag Reporting Service, Ltd.

ueneva, 1211nois oviae j

(312) 232-0262

9921 CE) 1 document?

2 A

That was the gist of his conversation.

3 0

I think you said you had no direct knowledge of any 4

conversation between Mr. Hii and Mr. Saklak but that you 5

may have heard about it from Mr. Perryman; is that 6

correct?

7 A

I don't know if it was Perryman that told me.

That was 8

all happening before I come on the job.

9 MR. MILLER:

May I have just a minute?

10 A

(Contin uing. )

Some of the Inspectors were talking 11 about it.

I don't know exactly when it happened, but

[]}

12 I'm pretty sure it was prior to me getting there.

13 BY MR. MILLER:

14 0

Well, I think that you stated that you were concerned --

15 that the reason you went over to the NRC was that you 16 were concerned that what happened to Mr. Snyder could 17 happen to any Inspector and could, in effect, intimidate 18 the hell out of them.

19 Did Mr. Perryman ever tell you of a conversation 20 that he had with Mr. Saklak where he observed Mr. Saklak 21 shaking his finger at Mr. Hii?

22 A

He may have.

I can' t -- don' t remembe r.

23 Q

He has testified that he told Mr. Saklak that if Mr.

24 Saklak ever shook his finger at him, he'd tear his

()

25 finger off and make him eat it.

l Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9922 i

i 1

Did you ever hear that before?

2 A

No.

I i

3 MR. MILLER:

Your Honor --

4 JUDGE GROSSMAN:

Excuse me.

5 What was the question; did he ever do that?

6 MR. MILLER:

No; did he ever tell Mr.

7 Bossong.

8 JUDGE GROSSMAN:

Oh.

9 MR. MILLER:

Mr. Saklak appeared to have all l

10 his fingers when he testified.

11 JUDGE GROSSMAN:

I believe so.

()

12 MR. MILLER:

This is a convenient time to 13 break, and I really am not going to have much more.

14 JUDGE GROSSMAN:

Fine.

We will take until 7

15 1:15.

16 (WHEREUPON, the hearing was continued to 17 the hour of 1:15 o' clock P. M.)

l 18 19 20 21 22 23 24

(

25 i

Sonntag Reporting Service, Ltd.

ueneva, Illinois eulae (312) 232-0262

9923

(

1 UNITED STATES OF AMERICA 2

NUCLEAR REGULATORY COMMISSION 3

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 4

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _x 5

In the Matter of:

6

Docket No. 50-456 OL COMMONWEALTH EDISON COMPANY 50-457 OL 7

(Braidwood Station, Units 1 8

and 2)

_.. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _x 9

10 Met pursuant to recess.

11 Wednesday, August 6, 1986.

1:12 P.

M.

13 14 JUDGE GROSSMAN:

We are ready to resume.

15 Mr. Miller, will you please continue.

i 16 MR. MILLER:

Thanks, Judge Grossman.

17 BY MR. MILLER :

18 0

Apparently we were discussing the March 29th -- I beg 19 your pardon.

That is the second time I did that.

20 Mr. Bossong, we were discussing the March 29, 1985, 21 meeting with yourself and other inspectors with the two 22 NRC Resident Inspectors before we broke for lunch, and I 23 would like to return to that subject.

24 I believe you testified, in response to a question 25 from Mr. Guild, that you heard about the incidence from Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

l w

1 9924 O

1 Mr. Snyder the morning of the meeting with the NRC 2

Inspector; is that correct?

l 3

A That morning or right around that particular time, yeah.

4 0

When you first heard about it, you didn't know that Mr.

5 Snyder or anyone else was going over to the NRC, but 6

they just kind of picked you up on the way over there; j

7 is that correct?

8 A

Correct.

9 0

You believe that it was Mr. Snyder's own idea to go to 10 the NRC Inspector?

11 A

I wouldn't have any idea.

i

(])

12 0

Well, isn't it a fact that it is your opinion that he 13 was semicoached as to whether or not to go to the NRC?

14 A

I don't think I can answer that, either.

I really don't 15 know.

16 Q

At your deposition, Mr. Bossong, you were asked this 17 question on Page 31 of the transcript:

18 "O

Do you recall whether it was Mr. Snyder's 19 idea to go to the NRC?

20 "A

He could have been semicoached, but I 21 think he would have gone anyway.

I was J

22 getting ready to go on vacation at that 23 particular time."

24 Do you recall giving that answer at your

-)

25 deposition?

4 Sonntaq Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9925 O

1 A

Yeah.

It was my own feeling.

2 0

Did you use the words --

3 A

I really don't know.

Those are my words.

Those are my 4

words there.

I don' t know if he really was or not.

He 5

could have been.

6 0

Well, what is it that leads you to believe that he could 7

have been semicoached?

8 A

Well, the past practice that Rick had with some of the l

9 inspectors.

They might have talked him into it, but I 10 really don't know if they did or not.

i 11 Q

Is that what you mean by "semicoached," that someone

()

12 else talked him into going to the NRC?

13 A

Yeah.

14 Q

Did you ever discuss with any of the other inspectors j

15 who went over to the NRC in the morning whether they 16 had, in fact, encouraged Mr. Snyder to go over to the 17 NRC?

18 A

No.

19 Q

So in other words, this was really --

20 A

That's my own personal feeling.

21 0

okay.

22 Now, the main reason, I think you testified, for 23 your going over to the NRC was that Mr. Saklak had made 24 a threat to Mr. Snyder.

You were aware of other threats 25 previously and there had been no action taken; and, in i

)

Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

1 9926 O

1 fact, you wanted to see Mr. Saklak disciplined, did you 2

not?

3 A

That was the basis of us going.

You know, if he is 4

going to go doing that, it should be stopped because you i

5 got enough problems with QC, We don't need outside 6

interference or threats or intimidation or anything like 7

that.

8 0

And March 29th was the last day you were on the site 9

prior to your vacation; correct?

10 A

Yeah, I believe so.

I don't know what day the 29th was 11 on.

, ()

12 Q

Well, do you know what happened to Mr. Saklak?

13 A

I come back and he was gone.

He no longer worked there.

14 He was offsite.

15 I don' t know if he wo.rked there or not.

He was off 16 the site.

17 0

You never saw him at the Braidwood site again?

18 A

No.

19 0

What, if anything, did that tell you, Mr. Bossong, about l

20 the effectiveness of bringing these complaints to the 21 Nuclear Regulatory Commission?

22 A

Somebody finally listened to the charges and finally 23 done something about it.

24 0

You had received training, had you not, about the

(

~

25 availability of the NRC as someone to whom -- or an l

t Sonntac Reportino Service, Ltd.

Geneva, Illinois 60134

. (312) 232- 0262

9927

(

1 agency to whom complaints of this nature could be made?

2 A

They had NRC, Quality First, you know, the chain of 3

command.

You usually take it to the contractor and then 4

you go to Quality First and try to get a result on the 5

site.

6 0

Prior to the timo that you went to the NRC on March 7

29th, do you know whether Mr. Snyder or any other QC 8

Inspector had gone to Comstock management to complain i

9 specifically about Mr. Snyder's being threatened by Mr.

10 Saklak?

11 A

On this Snyder. incident, I don't know.

I don't know.

()

12 I know they went to him before on some of the other 13 cases.

I don't know if Rick did or not.

I assumed he 14 did, but I didn't know.

15 0

which earlier incidents were you aware of in which i

16 complaints had been made directly to Comstock 17 management?

l 18 A

That is hearsay part, too.

The other complaints -- they l

19 had already went to Irv DeWald or somebody in 20 management, complaining that Rick had threatened them or 21 intimidated them or -- but I couldn't -- you know, 22 that's hearsay.

23 They said they did, but I can' t say one way or the 24 other.

O 25 Q

Mr. Guild showed you a portion of what's in evidence as Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9928 O

1 Intervenors' Exhibit 42, and it starts at the bottom of 2

the second page, unnumbered page, Par 5 graph -- it says, 3

"They got Leads now," and it goes on -f rom there.

4 Mr. Bossong, did you observe a Lead signing an 5

NCR/ICR to get it cleared away, as is related at the 6

bottom of Page 2, top of Page 3 of this document?

7 (Indicating.)

8 A

Did I observe a Lead?

9 0

Yes.

10 A

Not that I am aware of.

11 Q

Did you observe people closing out NCR's without even

(])

12 knowing what the hell they mean'?

13 A

I seen some being closed out without being field 14 verified, if that's what you mean.

It was going on the I

15 dispositions of the client.

16 Q

Well -- I'm sorry.

Maybe I ought to go back.

When you 17 said that you shared the concerns that are expressed in 18 this paragraph, perhaps I ought to ask:

19 What was the concern with respect to the manner in 20 which these new Leads were signing off ICR's or NCR's?

21 A

They had -- we had the new Leads that weren't familiar 22 with the program completely.

That's where my concerns 23 was, whether they signed off or not.

They ain' t fully 24 aware or fully trained or -

general notes, you know.

}

25 They give you tolerances.

I don' t know if they are Son Mac Reportina Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9929 G

V 1

fully aware of all the tolerances they got, if they had 2

any, you know.

Not working in the area and new off the 3

street, I don't know if that is fully qualified or fully 4

trained to function as a Lead.

5 Q

Were these Leads, in fact, certified as Level II Quality 6

Control Inspectors?

7 A

In all areas?

8 0

Well, in the areas in which you observed them 9

functioning?

10 A

I think mainly the concern was there were some Leads in 11 areas that they weren't certified in.

They were older

(])

12 people that they weren' t actually certified II in 13 certain groups.

14 0

Did you observe any of those Leads signing off NCE's or 15 ICR's in areas in which they were not certified?

i 16 A

Not a Lead; possibly a supervisor.

17 Saklak might have signed for somebody or something, 18 you know.

There were certain cases where it might 19 appear that a guy quit and he done the inspection and 20 Rick signed for him or something a couple days later.

21 0

Was that what you had reference to when you were talking

't 22 about people signing on -- or when this comment had 23 reference to people signing off NCR's or ICR's?

24 A

I don't know if I made that statement or not.

You mean 25 in reference to it?

~

Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9930

(

1 1

Q Mr. Bossong, you were, in fact, just until two days 2

prior to this meeting, a Lead Inspector, were you not?

3 A

Two days prior to?

4 0

March 29th.

5 A

Somewhere in that.

I don' t know exactly when I quit.

6 The 29th, I guess, is when I turned in my slip.

7 0

Yes.

It was established earlier it was actually dated 8

on the 27th of March.

9 There is a statement in here that -- in this 10 paragraph, "Our Leads were more or less told in a l

11 meeting last Friday that as long as our numbers stay

({)

12 down, the inspectors won't be evaluated."

\\

j 13 My question to you is:

14 Were you present at such a meeting?

I Q

15 A

I don't believe so.

16 O

Do you know whether such a meeting took place?

17 A

It could have.

Different supervisors had different Lead 18 meetings.

You know, electrical group might have had 19 their Lead meetings and welding might have had their

]

20 Lead meeting.

21 0

At that point in time you were in the electrical group 22 as part of the cable pull?

23 A

Correct.

24 0

And your supervisor was then Mr. Saklak; correct?

1 25 A

I didn't always attend the meetings.

I might have been 4

Sonntac Reportino Service, Ltd.

Geneva, Illinois 60134 j

(312) 232-0262

a4 --

9931 O

1 in the vault working on NCR 3419 or something.

I didn't 2

have any people under me.

3 0

But in any event, Mr. Saklak was your supervisor?

4 A

Yeah, indirectly at that time, yeah.

5 0

Now, this paragraph that we have been looking at has got 6

some similarities to the memorandum that you wrote -- I 7

apologize.

8 The first page of the memorandum had the date March 9

27th, and the second had the date March 29th.

That was 10 Bossong Deposition Exhibit 6.

11 You were kind enough to read it into the record i O 12 again this morning, and 1 am noe going to ask you to de 13 that again, certainly; but there are just a few matters 14 I want to ask you about.

15 All right.

There is a sentence in the memorandum 16 that reads -- this is your memorandum of March 27th --

17 "I feel I am given ICR's and NCR's to close for the 18 reason of trying to get me to make a mistake."

19 I would like to ask you if you can identify the 20 ICR's and NCR's that you believe you were given to try 21 to get you to make a mistake.

Not by number, but simply l

22 by the subject matter or the discipline to which you 23 were assigned.

24 A

Just -- I.was usually working welding and configuring.

25 I hadn't done JB's for a while.

I hadn't done CEA's for Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

. _. =

9932 O

1 1

a while.

I was used to doing welding.

They pulled me 2

out and put me in JB's.

I ain' t quite f amiliar, you 3

know.

That might have meant some changes that I didn't 4

comprehend at the time.

5 So that's my main concern there:

Was I familiar 6

enough to go out there and close these out?

7 0

Did you understand, Mr. Bossong, that if you felt you 8

were not familiar with an inspection area which you l

9 hadn't worked for sometime but which you were certified 10 in, you were f ree to ask for additional training?

11 A

Additional training?

O 12 0

Yes, sir.

4 13 A

You could ask for it.

You might not get it.

14 0

Well, when you got transferred into closing out these j

15 NCR's on junction boxes or cable pulling, did you ask 16 for training?

l 17 A

Cable pulling I did ask for a couple days, I believe.

j 18 0

Did you get it?

19 A

Yeah.

j 20 0

Did you ask for additional training on any of the other i

21 areas in which you were certified but in which you had i

22 not worked recently?

23 A

Did I ever?

24 0

Well, in this situation when you f elt that you were O

25 being given ICR's and NCR's to close but really they I'

Sonntaa Reportino Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9933 p),

(_.

1 were trying to get you to make a mistake.

2 A

I don't believe I asked.

I had to take my time and read 3

the disposition.

4 Q

The sentence in your memorandum goes on, "To make a 5

mistake and the reason f or a writeup or time of f. "

6 Were you ever written up f or improper closure of an 7

ICR or NCR?

8 A

I personally don't think I was.

I don't know.

9 Sometimes they done it and put it in a file and you 10 don't ever see.

I don't personally think I ever was.

11 0

Were you ever given time off for your performance on the C(m 12 job?

13 A

'No.

14 0

Pardon me?

15 A

No.

16 0

Then the sentence goes on, "For the purpose for me or 17 other inspectors to quit."

18 What made you think that Comstock wanted you to 19 quit?

20 A

We would bring questions up, and we felt that we were 21 getting procedures like the red-line drawing.

We felt a 22 little f riction between management and us.

23 0

Well, of course, the red-line drawing, you weren't 24 assigned to that until after?

O 25 A

At that time, no; but there was other situations, you Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

4 9934 O

1 know.

We don't feel -- we felt there was a little 2

friction there.

4 3

We would run across a problem from the field and 4

write it as a question, you know.

They would get upset 5

with us like we was second-class citizens or something.

6 They would get mad at you.

7 0

Who is the "they"?

8 A

The supervisors of Comstock.

Not necessarily one; quite 9

a few of them.

10 If you raise a question, they consider you a 11 troublemaker, basically.

That's whr.t we thought.

()

12 0

Were your questions answered?

13 A

Most of them.

14 0

Two sentences further down in your memorandum you say, 15 "I am tired of being treated that if you don't produce 16 or go along with the program, you won't work any 17 overtime."

18 This was in March of 1985.

Had you been denied 19 overtime prior to March of 1985?

20 A

Denied it?

21 0

Yes, sir.

22 A

I can' t think of no instances where I was.

I don't 23 know.

24 0

Then further on this ties in more directly to what was b'

25 in Intervenors' Exhibit 42.

Sonntao Reportino Service, Ltd.

Geneva, Illinois 60134

( 312))

23 2- 0 2@ 2

9935 O

1 You say, "I feel there is a discrimination against 2

the older inspector because they feel they will write 3

ICR's and NCR's on items they cannot sign off that they 4

can get signed off by new inexperienced inspectors, 5

ICR's and NCR's, closeouts that a new inspector might 6

write off if you don' t research everything. "

7 I take it that was a concern that you had?

8 A

What the old NCR's and ICR's we were working on at that 9

time frame was backlog inspocted under different 10 criteria.

Now new procedures come out with different 11 revs and if you didn't research everything that O

12 pertained to that particular substance or rejection --

13 or it could have been a proven procedure and disapproved 14 on general notes or something.

You had to fully 15 research it to understand the disposition of the NCR's.

16 0

I take it these ICR's and NCR's were ones that had been 17 graded even before you?

18 A

Yeah.

They were antiques.

19 0

Did you ever observe a new inspector not perf orming the j

20 appropriate research in order to close out these antique 21 ICR's or NCR's?

22 A

Basically what was going back was rejections from PTL 23 overviews, stuff like that on weld inspections.

I 24 Basically what I was working on at the time.

25 I personally didn't observe any, no.

Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312)___232-0262

9936 O

1 0

So you just felt that this might be the case because of 2

the number of rejections that were coming back f rom PTL?

3 A

They were relatively high for a while.

4 0

And did you regard the PTL rejections as an indication 5

of how thoroughly the OC Inspector was doing his job in 6

the first place?

7 A

Basically that's what it was designed to do.

It's an 8

overview.

That's all it is.

It's an overview.

9 0

Are you aware, Mr. Bossong, of any threat or comment by 10 Comstock supervision or management to these new 11 inspectors that if they didn' t sign of f ICR's or NCR's,

()

12 that they would be fired at the end of their 13 orobationary period?

14 A

I never heard no threat like that, no.

15 O

Did you ever hear anything that could be construed as 16 saying if they didn't sign off these ICR's or NCR's, 17 they wouldn' t get overtime?

18 A

Just that one statement by that one supervisor.

19 0

That is the one you testified to this morning?

20 A

Uh-huh.

21 0

I would like now to turn just briefly to your knowledge 22 of the circumstances under which Mr. Seeders was 23 transferred to Comstock Engineering.

24 I think you stated that you discussed the O

25 circumstances of Mr. Seeders' transfer with him after it Sonntac Reportino Service. Ltd.

Geneva, Illinois 60134 (312) 232-0262

9937 (3

LJ 1

had taken placer correct?

2 A

I don't know if it was af ter or right in that time f rame 3

when I went, but I knew he would like to stay as a QC 4

Inspector.

That's what he pressed on.

5 0

I believe your testimony this morning under examination 6

by Mr. Guild was that Mr. Seeders' transfer was related 7

to some torque wrenches that should have been rejected 8

but, in fact, were being used in the field; correct?

9 A

Basically what I understood it to be, yeah.

10 0

That is what Mr. Seeders told you?

11 A

I don't know if he told me or that's what was floating o(j 12 around on the situation.

13 0

I see.

1 14 A

I really can't say what he did tell me.

It was a long 15 time ago.

16 0

In any event, about the time that Mr. Seeders was being 17 transferred, it was your understanding that the transfer 18 was related to the situation with the torque wrenches?

19 A

Related to calibrations.

That's all I know.

20 0

Now, at that time, Mr. Bossong, did you know of any 21 Commonwealth Edison Company audit finding that had 22 occurred some months earlier regarding deficiencies in 23 calibration inspections?

24 A

I imagine that is what prompted it.

CECO wants an audit

\\

25 on just about everything there is.

That's their way Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9938 o

1 of --

2 0

You said you imagine that is what it was, but my 3

question was:

Were you aware, when Mr. Seeders was 4

transferred, that there had been an earlier Commonwealth 5

Edison Company --

6 A

Not at that time, no.

7 0

When Mr. Seeders was transf erred at that point in time, 8

did you know that he had been asked to make a review of 9

the calibration records himself?

10 A

No.

11 0

Now, you received your certification in calibrations at

()

12 approximately what time, sir, do you recall?

It was in 13 the fall of 1984?

14 A

I would imagine.

)

15 0

All right.

You, in fact, were trained by Mr. Snyder; 16 correct?

17 A

Yes.

18 0

During the course of your training, did Mr. Snyder make 19 any comment about the calibration records that Mr.

20 Seeders had been responsible for?

21 A

We just noticed that a useage log wasn't being used, and 22 I think that's when they got one imposed and they 23 brought it to their intention.

24 If you use a torque wrench, you write down what you 7s

(

)

25 used before and what drawing and what hanger.

That Sonntaa Reportino Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9939 O

1 wasn't being done before.

j 2

MR. GUILD:

Can I have that read back?

3 THE WITNESS:

Usesne log.

j 4

MR. GUILD:

Thank you.

Useage log.

5 BY MR. MILLER :

4 6

Q At some point subsequent to your certification as a 7

calibration inspector, you were involved in the closeout i

8 of NCR 3419; correct?

l l

9 A

No.

I was involved with the 3419; not closing it out.

1 10 I don't know if it's closed out yet.

11 0

But you participated in some of the research?

()

12 A

Some of the torque wrench research.

I j

13 Q

And I think that you stated in response to a question 1

14 from Mr. Guild that as far as you could tell, J

15 procedurally, everything was being done correctly; 16 correct?

j 17 A

Yeah.

All three were pretty much uniform in their t

18 paperwork, so I figured the procedure addressed it that i

19 way.

20 Q

You said all three of them?

2 1

21 A

It -- there was two others when I was going through the i

22 paper prior to John Seeders on the old paperwork.

23 0

Mr. Bossong, do you understand that the torque wrench --

1 24 I'm sorry -- the calibration inspection procedure

()

25 requires that if an out-of-calibration tool is 1

}

Sonntaq Reporting Service, Ltd.

Geneva, Illinois 60134 i

lDSSLER-0838

9940

)

O 1

discovered during inspection, that an ICR be initiated?

2 A

Yes.

3 0

In the course of your research on the torque wrenches, 4

did you have occasion to check on whether or not, in 5

fact, ICR's had been issued every time that an 6

out-of-torque -- out-of-calibration tool was discovered 7

during inspection?

8 A

If there were ICR's written?

There were some written.

9 I don't know if torque wrench had one written against I

10 it.

I 11 I don't know if that was the question.

()

12 0

Well, my question to you was:

i 13 Was part of your assignment in the closeout of the 14

-- partial closecut of 3419 to check to see whether 15 ICR's had been written for out-of-calibration tools?

16 A

Some might haver some might not have.

I don't know.

I 17 really can't say completely.

l 18 I do know it was procedurally addressed, yes.

19 0

I'm sorry.

20 A

I know it was procedurally addressed.

You are supposed j

21 to write an ICR if you find a dropped tool or damaged 22 tool, some damaged tool in the field.

There is supposed 23 to be an ICR written out.

24 Now, it is supposed to be locked up until it is O

25 determined whether it's damaged.

An ICR is written and i

Sonntaa Reportino Service, Ltd.

Geneva, Illinois 60134 312) 232-0262

(

9941 i O i

1 it is held there until that is determined.

l~

2 0

When you were doing your research on the NCR 3419, do i

3 you recall ever observing a situation in which a torque i

j 4

wrench or other tool was out of calibration according to

(

5 the records but no ICR had been initiated?

6 A

I noticed that, but that wasn't the purpose of me doing I

7 that.

I i

8 What I was doing was updating the form in the j

9 vault.

As far as researching if there is ICR's written, j

10 that wasn't part of my functions at that time.

11 0

Mr. Bossong, I think you stated a number of times in i O 12 response to questions that there was tension between the 13 QC Inspectors and management and supervision for a

]

14 period of time; is that correct?

15 A

I don' t think I put it that way.

j 16 MR. GUILD:

I didn't hear any such testimony

'l 17 myself.

Perhaps he should ask the question again.

1 18 MR. MILLER:

Yes, I will.

4 19 BY MR. MILLER:

20 0

You arrived in early 1984; and it is correct, is it not, i

j 21 that a union-organizing effort began in the summer of 22 1984?

23 A

Basically.

)

24 0

And I think in response to a question f rom Mr. Guild you 25 responded that you were, in fact, a supporter of the l

Sonntag Reporting Service, Ltd.

f Geneva, Illinois 60134

' ~ ~

(312) 232-0262

9942

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i 1

union; correct?

2 A

Yeah, I was a union member.

3 0

And did management resist the organizing effort?

4 A

Did they resist it?

5 0

Yes, sir.

6 A

They might have.

I'm not real, you know -- I would say 7

not that bad.

8 0

Well --

9 A

Somewhat.

You could f eel -- you knew there was feelings 10 there, but you couldn' t pinpoint.

11 0

When you say there were f eelings, the QC Inspectors were

()

12 on one side of the union-organizing issue and management 1

13 was on the other side; correct?

14 A

Yeah.

That is basically -- you got that throughout the 15 industry, management and union, yeah.

16 MR. GUILD:

Mr. Chai rman, I obj ect.

I object 17 to this line of questioning.

18 If Counsel seeks to contest whether or not the 19 witness is a union supporter, I think he has asked the 20 question directly and he got the answer.

21 If he asserts that there was tension and somehow 4

r 22 that is relevant, he asked that question and got that 23 answer.

24 The only point at which the issue came up in direct

()

25 examination was the question of whether or not the 1

t Sonntaa Reporting Service, Ltd.

Geneva, Illinois 60134

.(312) 232-0262

9943 O

I complaints about Saklak to the NRC in March were 2

union-inspired, and that question has been asked 3

directly.

4 If Counsel's line of questioning is a general line 5

of questioning about the union, I don't see that that is l

6 relevant at all to the proceeding.

1 7

JUDGE GROSSMAN:

Mr. Miller is not required to 8

accept that single answer.

He can probe further.

i 9

I will let him continue with the line of 10 questioning.

l 11 MR. GUILD:

.I guess my question, Judge, is:

()

12 What is the point, then?

I only ask him to accept 13 the direct testimony, and I believe certainly he can 14 seek to impeach this, but he can't impeach this witness 15 through his union sympathy or some general character --

16 JUDGE GROSSMAN:

I don't think we have to say 17 more, because the witness is here, and I will just -- I l

l 18 think we ought to let the questioning continue.

That is 19 overruled.

l 20 You can continue, Mr. Miller.

21 MR. MILLER:

Excuse me for just one second, 22 your Honor.

1 23 BY MR. MILLER:

24 0

Mr. Bossong, the election to determine whether the union

)

should represent the QC Inspectors was held in November, 25 i

i Sonntag Reporting Service, Ltd.

Geneva, 1111noin 60134 (312) 232-0262

9944 i O l

)

1 was it not?

}

2 A

Uh-huh, yes.

I 3

Q And a representative of Comstock management addressed 4

the QC Inspectors prior to the time that the election i

j 5

was held; is that correct?

I j

6 A

Correct.

i 7

Q And, again, did that cause a difference in feelings, as 8

you stated it, to be evident between the QC Inspectors 9

who favored the union and Comstock management?

10 A

Me personally or the group?

11 Q

Well, you personal 1y.

i O 12 A

1e didn't have that much eff ace on me.

13 O

Did you understand that it had an effect on the group?

l 14 A

Most of them hadn't been in the union before.

They --

1 15 it might have some effect on many of them.

16 Q

Does it make them somewhat more antagonistic toward i

17 management?

i

{

18 A

No.

We still had to do what was prescribed in our i

j 19 procedures and supervision.

I don't think that had j

20 bearing on it, no.

21 Q

After the election was held, the union was recognized as i

22 the bargaining agent, but were you aware that Comstock, i

23 the company, filed an appeal or asked for the NLRB to 24 review the election?

! O 25 A

Yes.

1 Sonntaa Reportina Service, Ltd.

l Geneva, Illinois 60134 I

. {3 1 2) 232-02 62

9945 O

1 Q

Did that add to the feelings, if you will, between the 2

QC Inspectors who had voted for the union and the 3

management on the other side?

4 A

For a length of time I suppose they got kind of worried 5

about it or short.

6 Q

When you say "short" --

7 A

Tempered.

They might have had a little influence on 8

them.

9 0

You might have?

10 A

I say they might have.

Not me personally, no.

11 Q

When you say tempers were short, that is, the working

()

12 relationships were getting a little --

13 A

There was a lot of things happening at that particular 14 time.

We had backlogs.

We had deadlines to meet.

CECO 15 was wanting out.

Red dots were coming into effect.

We 16 had plenty of work to do, and we was working extended 17 hours1.967593e-4 days <br />0.00472 hours <br />2.810847e-5 weeks <br />6.4685e-6 months <br />; so I don't know if that all had a bearing on it 18 or what.

I would think it would have.

The longer hours 19 would, also.

20 0

And the fact that t'here was this difference between 21 management, on the one hand, with respect to the union 22 election and the QC Inspectors, on the other, didn' t 23 help the situation, did it?

24 A

The total deal, I th' ink, on the whole deal was the O

25 money.

Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9946 O

1 Q

I see.

2 A

I don' t necessarily think it was the union.

We had guys 3

making $8 an hour.

We had guys making $10, $12, $16, 4

all doing the same work.

That was the main concern.

5 0

That was the main concern of the QC Inspectors?

6 A

Yes, unequal pay.

They couldn' t justify why they was 7

paying so and so $16 and another guy $10.

j 8

O And I assume that -- did you -- not "I assume. "

9 Did you understand that Comstock, in an effort to i

10 save money on wages, if you will, wanted to keep the 11 system that they had where they could pay these

()

12 different wage earners?

4 13 A

They could get work' done f or a cheaper rate.

14 0

In fact, in April of 1984, there had been an attempt at 15 putting everybody on the some salary basis, isn't that 16 right, $12 an hour plus 50 cents per certification?

17 A

They still hired a man later at $16 an hour.

That's 18 what the problem was.

19 0

That caused a lot of resentment between the QC 20 Inspectors who were making less money?

21 A

Sure.

Why wouldn't it?

l 22 0

Now, the election was held' in November, and I believe 2

1 23 you said it wasn't until April,1985, that the union was 1

24 finally recognized as the bargaining agent; is that O

25 correct?

l Sonntaa Reportina Service, Ltd.

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9947 O

1 A

It was recognized.

It was certified in April.

2 0

Certified in April.

3 Were you personally a little f rustrated at the 4

length of time it took between the election and the time 5

it took to get certified -- get the union certified as 6

the bargaining agent?

7 A

I don't know if I was frustrated.

It bothered me.,

8 little, but it all takes time.

9 When they appealed, it went all the way to 10 Washington, D.

C.,

you know.

It's time-consuming.

l 11 0

Did other inspectors express to you their frustration or

()

12 anger at the length of time it was taking?

13 A

I got that feeling.

I don' t know if they really 14 expressed it to me or not.

15 Q

Did you personally blame Comstock management for the 16 delay?

j 17 A

They appealed it.

Yeah, I suppose they blamed Comstock 18 for it.

They appealed it, but that's their right to do 19 that.

4 20 0

Was there a feeling that some members of Comstock 21 management were, oh, picking on inspectors because they 22 believed that these certain inspectors had been active 23 in the union-organizing of it?

24 A

There was that feeling.

I don't think that nothing was O

25 ever said or done, but you just had that feeling.

Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

l I

l 9948 I ()

1 I think they had their reasons other than the f act, 2

you know, that they were union-orientated.

3 Q

Well, isn't it a fact, Mr. Bossong, that you and Mr.

4 Perryman believed that your transfer out of the cable

]

5 pan walkdown inspection in May of 1985 was, in fact, 6

stimulated by Mr. Simile retaliating against you for l

7 your union activities?

j 8

A I don't think it was against the union activities.

I 9

think it was probably for bringing up questions on the 10 Rev. O drawing and the procedures and things.

)

11 We might have had that in the back of our mind, but O

i 12 it was 3use --

13 0

Well, Mr. Bossong, in your deposition, Page 71, you were j

14 asked this question:

15 "O

Did you form any opinion as to why Mr.

16 Simile might have acted only with respect a

17 to you and Mr. Perryman?

18 "A

We were f airly active in the union, 19 basically.

That was our own f eelings, 4

20 though."

21 A - Right; basically that is what I said, a possibility; but 22 there is -- it could have been f rom the Rev. O raising 23 questions on that.

We was affiliated in that union and 24 they won.

C) l 25 MR. MILLER :

I have no further questions.

i Sonntac Reportina Service, Ltd.

i Geneva, Illinois 60134

,_. _ (312), 232-0262_ _ _.. _ _ _ _ _ _. _ _ _ __

9949 O

1 JUDGE GROSSMAN:

Mr. Berry.

2 MR. BERRY:

Miss Chan --

3 JUDGE GROSSMAN:

I'm sorry.

Miss Chan.

4 MS. CH AN :

Good afternoon, Mr. Bossong.

5 THE WITNESS:

Good afternoon.

6 MS. CH AN :

My name is Elaine Chan.

I am one 7

of the attorneys for the NRC Staff.

l 8

CROSS EXAMINATION 9

BY MS. CH AN :

10 0

In your testimony today, you discussed your concern with 11 the new Leads, that they were not f amiliar -- that they

( ).

12 were not f amiliar with their area, and your concern that 13 they may be closing out ICR's and NCR's.

14 A

As Leads they wouldn't be normally closing them out.

If 15 they did, they could be directing people to that 16 wouldn' t fully -- they personally might or might not be 17 if they got people working under them.

18 0

But that was one of your concerns that they were either 19 directing people to close them out or closing them out 20 themselves?

21 A

At that time f rame, yes.

22 0

Did you in your interview with the NRC representative 23 Mr. Mendez -- did you communicate this concern to him at 24 that time?

O 25 A

With Mr. Mendez, I believe I addressed that.

Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9950 0

1 Q

When you say you addressed it, can you please elaborate 2

on that?

3 A

I had my concerns when I brought it up to him when I was 4

over there, yes.

1 5

0 You brought it up.

1 6

Did you tell him about it or --

7 A

I don't know if he brought it up or asked me a question, 8

but it was a subject topic during the conversation.

9 JoDGE GROSSMAN:

Excuse me.

Did you forget to 10 ask some questions?

11 MR. MILLER:

No.

O 12 aoDGE GRoSSMAN:

oxay.

1f you eid, 1 wi11 13 certainly let you do it now.

14 MR. MILLER:

No, sir, I didn't; but thank 15 you.

16 BY MS. CHAN:

17 Q

Earlier in your testimony you, had stated that you had 18 seen a checklist by Mr. DeWald which had over 1,000 weld 19 inspections on it.

20 Do you recall your testimony on that point?

21 A

Yes.

22 Q

Did you, in your interview with Mr. Mendez, bring up 23 that subject or speak to him about it?

24 A

I wouldn't know.

I really couldn't say if I did or 25 didn't.

Sonntaq Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9951 0

1 Q

You don't recall whether or not you did?

2 A

No.

1 3

Q Might you recall if you gave him any information about 4

how to find that checklist?

5 A

It was in the vault last time I saw it.

But you don' t specifically remember whether or not you 6

Q 7

told him more specifically where it was or that it was l

8 in the vault or the circumstances of your seeing it?

9 A

I don't remember if I did or didn't.

10 Q

With reference to your Read and Reply Memo in which you 11 resigned, do you know of any inspector who requested

()

12 ref resher training?

13 A

Any inspector that did?

14 0

Yes.

15 A

It seems like I heard somebody ask f or some, yeah.

16 Q

Do you know whether or not that request was ever 17 denied -- those requests were ever denied?

18 A

I just remember hearing something about it.

I don't 19 know if it was denied or not.

I believe it was, but I 20 couldn't say for sure.

21 Q

You believe it was?

22 A

I thought it was, but --

23 0

But you're not certain?

24 A

No.

(

25 Q

Do you recall who the inspector might have been who Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9952 O

1 requested the refresher training?

2 A

No.

3 0

You have testified that you are certified in 4

calibrations inspection.

5 A

Yes.

6 O

And you have discussed the writing of ICR's on l

7 out-of-calibration tools.

i 8

Do you know whether or not ICR's should be written 9

on damaged tools?

10 A

At what time f rame are we talking about, now?

11 It-could have been NCR's earlier.

It could be

]

O 12 1CR.s now.

It depends on what procedure is addressed.

13 0

This is at the time you were reviewing the calibrations 14 that Mr. Seeders had left behind.

15 A

I wasn't reviewing for NCR's.

I was reviewing the --

16 the Form 8 in the vault as f ar as indexing a torque 17 wrench, date it was purchased, calibration dates, 18 poundage; and I was reviewing the certifications of the 19 axle torque wrench itself and if it was, in fact, in 20 service or out of service.

i 21 0

I would like to establish a time frame.

22 This time frame when you were doing this review, do 23 you know if at that time ICR's were supposed to be 24 written on a damaged tool?

O 25 A

ICR's are normally written on damaged tools, yes.

Sonntac Reportino Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262 l

9953

()

1 Q

Do you know whether or not it would be satisf actory to 2

write a GIR on a damaged tool as opposed to an ICR?

3 A

Past practice; but the GIR's are recognized, yes.

It's 4

a General Inspection Report.

5 MS. CHAN:

I have no further questions at 6

this time.

7 Thank you, Mr. Bossong.

8 BOARD EXAMINATION 9

BY JUDGE COLE:

10 0

Just one or two questions, Mr. Bossong.

11 Earlier today you indicated that most of the cable

()

12 pulling was done at night.

13 Do you recall that, sir?

14 A

Yes.

That's -- they put a night shift on back about 15 that time f rame.

They was rotating inspectors on the 16 second shift to do that.

17 Q

Do you know why it is that most of the cable pulling is 18 done at night?

19 A

Why?

20 Q

Yes.

21 A

It's done at night because they got less interference, 22 less craft at night, less interference with the other 23 crafts.

24 Q

Do you have some idea as to the fraction of

()

25 cable-pulling operations that were done at night as Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9954 O

1 compared to the day shift?

2 A

The fractions?

3 0

Yes.

Say, two-thirds of it done at night and one-third 4

during the day or three-quarters of it done at night or 5

one-quarter during the day.

6 Do you have an estimate?

7 A

Not really; but I'm not working in that area here 8

lately, so --

9 Q

How do you know that more was done at night than day?

10 A

Most of the cable pullers are on second shift doing pull 11 cable.

()

12 Q

By "most,"_ is that three-quarters of them?

13 A

I would venture to say over 50 percent, 75 percent, i

14 yeah.

15 Q

More than 50 percent.

All right.

1 16 You listed your certifications earlier today, sir.

17 One of them is cable pulling and another is 18 configuration.

You are also certified in welding --

19 A

Yes.

20 0

-- inspections?

21 A

Yes.

22 0

With respect to this special program, the cable pan 23 hanger program, your participation in that was in 24 configurations or in configurations and welding?

()

25 A

Configurations and details.

Welding, we didn' t do a Sonntaq Reporting Service, Ltd.

Geneva, Illinois 60134

. (312) 232-0262

9955

()

1 Form 19 on that.

Form 19 is a weld inspection 1

2 checklist.

3 We were basically doing a Form 7 configuration 4

only, checking it for location and details.

5 Q

By " details," you mean size of the weld and the shape of 6

the hanger?

7 A

Not necessarily the welds.

The size of the plates used, 8

the component steel, dimensional elevations of the l

9 components.

10 Q

All right, sir, so that was dealing with the physical 11 structure of the hanger, then?

()

12 A

Mechanical, yeah, mostly.

13 Q

All right, sir.

14 Was a Form 19 ever completed on the Rev. O/Rev. A 15 final configurations or drawings, do you know, sir?

16 A

Was the Form 19 ever completed after that?

17 Q

Form 19, yes.

18 A

I think S & L was weld-mapping them when we was i

19 configurating them; and I think if we felt we needed 20 another size weld, we would flag it and they would have 21 somebody come out and look at the weld.

4 22 Most of the weld inspections should have been done 23 prior to this.

24 JUDGE COLE:

That is all I have.

Thank you.

()

I 4

25 BOARD EXAMINATION 4

Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134

__ 312)._232-0262,

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9956 O

1 BY JUDGE CALLIHAN:

2 Q

Mr. Bossong, we have heard over these weeks reports of 3

unhappiness by inspectors with management at Comstock, 4

supervision and so forth.

5 I say those things just to characterize my 6

interest, not with any intent of describing fully the 7

case.

8 In your capacity as a union official, would these 9

matters, these allegations, have come to your attention 10 on a regular basis?

11 A

Now, yes; back then there was no union there.

()

12 Q

How far back is "back then"?

' 13 A

I'm talking prior to July 24, 1985.

That's when the 14 union got on site.

15 Q

To your --

16 A

Prior to that, no.

17 0

I'm sorry.

18 To your knowledge were there, however, reports of 19 such occurrences prior to 1985 or the date you cited?

20 A

For them coming to me about it, no.

21 If it was anything reported and documented --

22 Q

Did they just -- were they documented anyplace, to your 23 knowledge?

24 A

They were documented, but it was hearsay, as far as I am O

25 concerned.

I thought I have heard about them, but I Sonntac Reportino Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9957 O

1 haven' t seen any documentation on it.

2 0

Was --

3 A

I know there was some f riction, but some f riction was 4

just caused by personality conflicts perhaps, you know.

5 0

Well, with that background, that introduction, I will 6

ask my question, although I am not sure you really have 7

the information to answer it, but let me ask it and you 8

do the best you can with it.

9 I am interested in the f requency over time of these 10 accusat: 2ns and allegations and so forth.

I wonder if 11 over, say, the two years or so that you have been there

()

12 if there are more instances of -- to use the words of 13 this proceedings -- intimidation and harassment.

1; Now, you have just said, I realize, that you would 15 not have officially been aware of those except over the l

16 last 14 months,13 months, something like that; but i

17 nonetheless, give me the best answer you can to my 18 questior., which is, I repeat, the number of such 19 instances, oh, per month, say, or a rate of occurrences 20 of this kind.

21 A

Prior to that date?

22 I probably wouldn't be aware of it.

I really 23 couldn't tell you.

24 JUDGE CALLAHAN:

I see.

(

25 Thank you.

That's all I have.

Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

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1 JUDGE GROSSMAN:

Mr. Guild.

2 REDIRECT EXAMINATION 3

BY MR. GUILD:

4 Q

Mr. Bossong, Mr. Miller for the Company was asking you 5

whether, in light of your more recent experience as a 6

union steward, you sort of put yourself in management's 7

shoes and understand management's burdens, if you will, 8

with respect to the assignment of inspectors.

9 The particular point of the question, I gather, had 10 to do with your understanding now and your understanding 11 then of the motive of management in reassigning you.

()

12 Do you remember Mr. Miller asking you about the 13 transfer and how you understood management's motives for 14 transferring you?

15 A

Yeah.

16 Q

Now, I think you said in response to him that in 17 retrospect, understanding where management is coming 18 from, having had to be involved in scheduling people 19 yourself as the union steward, you may reconsider your 20 characterization of the transf er of you by Mr. Simile 21 might have been retaliatory.

22 You have been a steward since July of 1985, and I 23 guess you had that experience of having to see things 24 f rom management's perspective at the time your 25 deposition was taken in this case in May of this year.

Sonntaa Reportina Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

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1 Do you remember being asked the question by Miss 2

Kezelis, the lawyer for Edison, whether or not you felt 3

your transf er was retaliatory?

4 A

That's a personal feeling thing there.

5 You know, by looking at management's rights and the 6

overall picture, you would have a tendency to go -- you 7

got to be in their shoes.

You might f eel that, okay, 8

this particular time is maybe the way you would do it or 9

it might not be the way you would make the decision.

10 It's a case-by-case situation.

11 Q

In May of 1986, May 14, 1986, Miss Kezelis asked you in

()

12 Transcript 151, "In your opinion, what was the reason 13 for Mr. Simile's transf er of you out of' the 14 configurations and welding area into the position of 1

15 cable pulling Lead?"

16 Your answer to that directly was, "I don't know."

17 She says, "You don't know," and you said, "No."

18 "O

Did you feel he was retaliating against 19 you in any respect?

20 "A

In that particular time, probably, yes."

21 You did at the time; right?

22 A

Yeah; but I would ask why, if I had a choice, and he 23 said no.

24 MR. MILLER:

your Honor, I would ask that Mr.

O 25 Guild read the next few questions, because I believe Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9960 1

that they are in order to get a complete picture of what 2

Mr. Bossong testified to in his deposition.

3 I can certainly do it on recross, but it seems to 4

me they are directly pertinent to the point of Mr.

5 Guild's examination.

6 MR. GUILD:

Perhaps Counsel should have asked 7

them when he had his nickel if they were pertinent, 8

because, of course, he didn't ask them; but just so we 9

can have a complete record, Ms. Kezelis asks, "Then 10 what, in your opinion, might he have been retaliating 11 against you for?

()

12 "A

I really don't know and feel nothing, so 13 I don't know.

14 "O

Okay.

Well, then --

15 "A

Just the fact they had problems in cable 16 pulling on days and that is when they 17 were starting another shift up,"

18 whatever that means, 19 Does that satisfy Counsel?

20 Mr. Miller, are you happy?

j 21 JUDGE GROSSMAN:

Okay.

That completes what I

22 you asked for; right?

23 MR. GUILD:

Is there more?

24 JUDGE GROSSMAN:

Mr. Guild, just continue with O

25 your questioning.

Sonntac Reportino Service, Ltd.

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9961 O

1 MR. GUILD:

I really don't know what he is 2

talking about, Judge, and I wanted to know where he 3

wanted me to stop.

I could read on for pages.

4 JUDGE GROSSMAN:

That is where he wants you to 5

stop, Mr. Guild.

That is fine.

6 BY MR. GUILD:

7 0

Now, the lawyer for the Company was asking you about 8

quotas and asked whether you understood they were 9

counting numbers of inspections per day, and I think you 10 responded that you knew of the case of Mr. Stout.

He 11 brought to your attention the fact that he got no

()

12 warning for too few inspections per day.

13 A

I think it was one instance.

It was absenteeism mainly.

14 0

They gave him a warning because he had been absent and 15 in the same warning they counted up his inspections?

16 A

They counted up his inspections.

17 0

They calculated how many per day he had actually done 18 based on counting f rom his status reports; right?

19 A

I think the intent of that writeup was absenteeism.

20 That is the way I interpreted it.

21 0

You interpreted it as primarily --

22 A

Absenteeism.

23 0

Absenteeism.

24 A

He made a statement on the bottom about attending O

25 Mondays and Fridays or something.

Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9962 O

1 0

And they counted his inspections and counted how many on 2

the average he was doing a day and they thought that was 3

too low; right?

4 A

That is management's right as far as the QC Inspector.

5 That is not my responsibility.

6 0

Again, did management ever ask you to evaluate the 7

complexity of the particular work that Mr. Stout was 8

doing at the time to evaluate whether the rate per day 9

was indeed inadequate or substandard?

l 10 A

I evaluated the people that worked for me when they was 11 working under my direction.

Stout -- I don' t know if

(])

12 Stout was one of them or not.

13 Q

Did management ever ask you at this time, bef ore issuing 1

14 the warning, to evaluate Stout's work to determine 15 whether or not his performance was adequate?

~

j 16 A

He wasn' t working f or me at that time.

17 0

So they didn' t?

l 18 A

No.

19 Q

Do you recall that understanding f rom talk among QC 20 Inspectors that management expected a certain number of i

21 inspections during a particular amount of time, say, l

22 number per hour or number per day?

1 23 A

Hearsay; nothing directly to me.

24 0

Do you recall understanding from such a source, talk

)

25 among inspectors, that they expected, say, one Sonntaa Reportino Service, Ltd.

Geneva, Illinois 60134 (312) 232 0262

9963 O

t 1

inspection per hour?

2 A

That's generally the rule of thumb, but it depends on a 3

lot of things, a lot of things taken into consideration.

4 Q

Lots of times you can' t achieve one an hour; right?-

5 A

Yeah.

We might have 36 welds on a detail, you know.

It i

6 takes time to --

7 JUDGE GROSSMAN:

Excuse me.

I am not sure we i

8 got a concise or complete answer on that question that 9

Mr. Guild asked you, whether it was your understanding 10 from talk among the QC Inspectors that you were expected 11 to inspect one -- what was that, one --

()

12 MR. GUILD:

One per hour.

13 Isn' t that your testimony?

14 THE WITNESS:

One what, hanger or one 15 checklist?

16 BY MR. GUILD:

17 0

Was your understanding that one per hour was the. rule of i

18 thumb?

19 A

One checklist per hour.

20 0

One checklist per hour.

21 The source of that understanding was' talk --

22 general talk among the inspectors, I take it?

23 A

That is basically what they were -- said.

That was 24 common knowledge.

They wanted about one an hour.

(

25 That's not a quota.

That's -- you might have one

]

Sonntag Reporting Service, Ltd.

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9964 i

()

1 out there with 89 welds.

It might take you all day to 2

do it.

3 It depends on the amount of details on the hanger, 4

the amount of welds, how many different elevations, how 5

many cross members on the braces.

There is a lot of 6

things to take into consideration on the hanger.

I

^

7 0

Your belief is it is inappropriate to have a standard 8

number?

9 A

You can't put a quota on that or on inspection.

10 0

The understanding you had about the rule of thumb of one i

11 per hour applied in the areas of junction boxes and O

12 equipmene, t

13 A

Mainly junction boxes or CEA hangers where you got 14 basically a simp 1e design of a hanger.

15 When you get into complex, there is no way you can.

16 You might work on one for three days.

You never know.

17 0

It would take longer the more complex it is?

18 A

Yeah.

l 19 0

You observed Mr. Snyder, I take it -- I gather from your l

i l

20 answer to Mr. Mil 1er, Mr. Snyder trained you in 21 calibrations.

22 You observed him at 1 east in that capacity, didn't 23 you?

24 A

Yes.

(

25 0

would you agree that Mr. Snyder is generally a i

Sonntaa Reportina Service, Ltd.

f Geneva, Illinois 60134

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232-0262

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(

l 1

sof t-spoken individual?

2 A

Soft-spoken, but he's a Level II Inspector.

I don' t j

i 3

evaluate Level II.

They accept and reject material.

4 That's all they do.

5 0

I don' t mean by that to imply any criticism of Mr.

6 Snyder, and I don't mean to put words in your mouth, 7

either.

But as compared to people who are more 8

boisterous and loud in manner, would you agree that Mr.

9 Snyder was a relatively sof t-spoken person?

10 A

He is not too outspoken.

11 0

When you used the term in your deposition in a response

()

12 to Mr. Miller's question that Mr. Snyder might, in your 13 opinion, possibly have been semicoached -- and 14 "semicoached" indeed was your term -- before he visited 15 the NRC with a gripe of you in the morning, did you mean l

16 to suggest that people put words in Mr. Snyder's mouth l

17 or pressured him to go to the NRC?

i 18 A

No, I don't think they pressured him.

They might have, 19 you know.

He was pretty upset.

They might have.

They 20 might have said something to him to encourage him to go, 21 yeah.

22 0

They encouraged him to go?

23 A

They might have.

It's serious to a lot of these people.

24 0

Again, you are speculating about what his motives are; O

25 but based on your observation of Snyder, I take it you l

L Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 312) 232-0262

(

9966

(

1 are saying that they encouraged him to go to the NRC to 2

stand up for his rights.

3 A

No.

I think he would stand up for his rights when it 4

comes right right down to it, but somebody might have 5

said something to him.

He had strong enough feelings.

6 I think any QC Inspector would have --

7 0

The others who had similar feelings agreed to accompany 8

Snyder and provide him some support?

I 9

A I couldn't say yes or no; maybe.

10 0

Were you aware that some of the others that went along 11 with you had been personal witnesses to incidents with

()

12 Mr. Saklak, say, Mr. Mustered, for example?

13 A

Yeah.

14 0

He talked about that when he went to the NRC?

l 15 A

Yes.

16 Q

Do you see anything wrong with the other inspectors 17 encouraging Mr. Snyder to voice his complaint?

18 A

No.

Any inspector who gets intimidated or threatened 19 like that, I would say it should be addressed.

20 0

And it was in this case?

l 21 A

Yeah.

I think it was probably resolved, done.

22 0

Mr. Saklak lef t the site?

23 A

I don' t know the conditions.

I was gone, but he wasn' t 24 there when I got back.

O 25 Q

He wasn' t there when you got back.

Sonntac Reporting Service, Ltd.

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9967

)

1 That aspect of the problem was taken care of by his 2

departure?

3 A

As far as that is concerned, yeah.

i 4

0 In response to a question f rom Counsel for the 5

Applicant, you mentioned that you drew conclusions about 6

the new Leads' or the new hires' willingness to sign off 7

work because it came to your attention that for a while 8

there was a high PTL reject rate that indicated to you 9

that there were problems with inspections.

10 Do you remember that testimony?

11 A

Yeah; but it might not have been the new inspections.

(

12 It could have been the old stuff, you know, just seeing 13 that there was a number of rejections f rom PTL.

14 0

But you connected that, at least in your mind, with the 15 new Leads and the work that was under their supervision?

16 A

Yeah; I was looking at the whole picture.

17 0

The point of my question is:

18 How did the PTL reject rate for this particular 19 work come to your attention, Mr. Bossong?

20 A

Any time somebody -- when I was in the Lead position, 21 when you completed Form 19's daily, you would fill out a 22 sheet, make photocopies of inspections done, issue them 23 to PTL for overview and then, in turn, the report would 24 come back conforming or nonconforming.

25 You base your decision on the rate of the return.

Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9968 O

1 If it's nonconforming, it might have a judgment call or 2

be overruled by a third-party review on Level III.

3 It could go out and say the Comstock Inspector is 4

right.

It don't mean that it's physically wrong.

That 5

means another guy can come in and look at it and say, 6

"Okay.

He is within the boundaries or the scope of the 7

procedure.

This is a judgment call, acceptable or 8

overruled."

9 Q

All right.

The results, then, of the PTL overview of l

10 the particular inspector's work would come to you as a 11 Lead?

()

12 A

It would come up to the welding group, and then it might 13 come to Tony Simile or one of the supervisors.

14 Q

What I am really focusing on is:

15 As a matter of course, how would an inspector know 16 of his reject rate with PTL?

17 A

The individual themself?

18 0

Yes.

19 A

Probably go down to the vault and pull out the PTL 20 books.

21 Q

He would have to take the initiative to find that out?

22 A

Yeah.

23 Q

How would you as a Lead if you were a Lead in, say, the 24 welding area --

0 25 A

They would reissue some of the stuff and go back out and Sonntac Reportino Service, Ltd.

Geneva, Illinois 60134 312) 23 2- 0 26 2

(

9969 O

1 reinspect them.

2 0

You would get the PTL rejects to go back?

3 A

For reinspection.

4 0

would the PTL or your management supply you with data 5

about the PTL reject rates for the inspectors under your 6

supervision on a regular basis?

7 A

No, I don' t think they categorize if it was welding.

i 8

It was welding no matter whose person it was.

If 9

it come back, they give you a printout of what weld is 10 nonconforming and you go out and check it.

11 0

So your knowledge of the PTL reject rates is in the

(])

12 course of having to go back and do reinspection; is that 13 right?

14 A

Right.

15 0

There was talk, Mr. Bossong, with regard to your review j

16 of calibration documents as you have testified, part of j

17 3419 -- NCR 3419 that you noticed that there had not 18 been a useage log maintained reflecting the 19 installations on which torque wrenches, for example, had 20 been used in the field.

]

21 A

I think that is what basically all the findings come on 4

22 with.

23 I couldn't determine if the to rque wrench was 24 damaged.

They couldn' t determine what it was used on.

i l

25 0

There was a torque wrench useage log maintained during l

Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9970

)

1 the calibrations inspection work of Mr. Seeders'

)

2 predecessors, the two prior calibration inspectors?

3 A

Not to my knowledge, no.

4 Q

When did tney start using that useage log?

5 A

When -- I think Rick Snyder was there.

When he was in 6

calibrations.

7 Q

After John Seeders was transferred out?

8 A

Yes.

9 0

Were you -- I apologize if this has been addressed 10 already on the record; but did you perform work as the l

11 Lead of cable pulling on the second shif t for a period l (])

12 of time?

13 A

As a lead on second shift?

14 0

Yes; on cable pull inspection?

15 A

As a Lead or inspector?

16 O

As a Lead.

17 A

As a Lead, I don't think so.

18 I was welding and configs on second shift.

19 Q

Did you perform work as a Level II QC Inspector on 20 second shift in the cable pull area --

21 A

Yes.

22 0

-- if you did?

23 A

In cable pulling -- once in a while I did cable pulling 24 on second shift.

25 0

Have you done any recently?

Sonntac Reportina Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9971

()

1 A

Cable pulling?

2 0

Cable pull inspection on second shift.

3 A

On second?

4 0

Yes.

5 A

Not recently.

6 Q

Can you recall approximately when the last assignment i

7 you had second shift cable pulling was?

8 A

I have worked over the job a couple times when I was --

9 I don't know.

I have come in on Sundays and done cable 10 pull.

11 0

Any time within the last year?

(])

12 A

Yeah.

13 0

Generally, what's the manning schedule for QC Inspectors 14 on second shift for cable pull?

You testified that most I

15 of the cable pull work gets done on second shif t.

l 16 A

About 26 guys on second shif t and probably 14 of them 17 are cable pullers.

l 18 0

QC Inspectors now?

19 A

Yeah.

20 0

So there are 14 QC Inspectors doing cable pull 21 inspection on the second shift?

22 A

Yeah, there is about 6 groups doing it.

Sometimes it 23 takes two or three pullers.

24 0

When you say " pullers," you mean craft or QC?

25 A

QC.

Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9972 0

1 0

Two or three?

2 A

It might take two or three cable pull inspectors to do a 3

600 or 700-foot pole.

It depends on how many elevations 4

they go through.

Each case is a case-by-case.

5 0

Who makes the decision about assigning the QC Inspectors 6

Level II to a particular cable pull, how many and where 7

they are assigned?

8 A

There are supervisors on second shift.

9 0

In the Lead?

10 A

Lead or supervisor.

11 0

All right.

(])

12 What's the comparative manning of the first shif t 13 for cable pull inspectors?

In other words, if they are 14 doing more cable pulling on the second shift, do they 15 have a proportionately larger number of cable pull 16 inspectors on the second shift?

17 A

I think they have six groups pulling cables, craft on 18 second, and they got -- it varies.

19 They can do configuration inspections or ICR's or 20 NRC's if not pulling cable; but on days we might have i

21 just some cable pullers but not workin.g in that 22 certification.

23 So any time I say certified cabling people requires I

24 about 16, they are probably pulling the full six groups.

25 Right now probably about 75 percent of the cable pulls i

Sonntao Reportino Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9973

()

1 are being done on second shift.

2 During the day they might have partial pulls out 3

there that they do complete or partial pulls through 4

flex conduit completing pulls already coiled out there 4

5 waiting to be completed.

6 Q

There are six groups of cable pulls on second shift?

7 A

Six groups of craft.

1 8

Q Two or three QC per --

9 A

That is up to the Leads or supervisors hcw many they put l

10 on each.

11 Q

At least one per group?

()

12 A

Yes.

13 0

What's the comparison to first shift?

How many QC per 14 group?

15 A

Very little cabic pull on days.

16 Q

No cable pulling on days?

17 A

Very little.

There is occasionally, like I say, a 18 complete or an NCR complete and a pull through flex 19 conduit or whatever.

20 MR. GUILD:

That is all I have, Mr. Chairman.

21 JUDGE GROSSMAN:

Mr. Miller.

I 22 RECROSS EXAMINATION 23 BY MR. MILLER:

)

24 0

In response to a question from Mr. Guild, you said that l

25 one checklist an hour was the rule of thumb that was i

Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262 ___ _ ________._ _. _. _ _. _ _, _ _

j 9974 i

1 kind of generally known within the QC inspection course.

2 Do you recall that?

3 A

Yeah; that is the rule of thumb.

That's not always 4

true.

5 0

I'm sorry.

I didn't catch that.

6 A

That is the rule of thumb.

That's not always true.

7 One hanger can take you two or three days.

It 8

depends on the complexity.

9 0

Was this a rule of thumb generally understood by the 10 inspectors or the rule of thumb that was expressed by 11 Comstock management or supervision?

O 12 i

They worked that rule of thumb when I worked in LaSalle, 13 so I don't know where that come from, LaSalle County.

14 0

I think you said in response to a question f rom Mr.

15 Guild that in your judgment it was appropriate for 16 junction box inspections where there was basically, I I

17 think you said, a simple design.

I may not have gotten 18 the word.

19 A

That is AWS strap wall hanger for conduit, not JB's.

20 0

Okay.

I misunderstood you.

21 Do you have any opinion as to how many, whether or 22 not that rule of thumb was applicable to junction box 23 inspection?

24 A

I wouldn't have any idea.

There are different size 25 junction boxes, too Sonntaa Reportino Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9975 O

1 Q

In response to a question f rom Judge Callahan, you said 2

that prior to July 25, 1985, there was no documentation 3

of these allegations of harassment by Comstock 4

management or supervision of which you were aware and 1

5 that you knew that there was f riction, but it may have 6

been based on personality conflicts.

7 That is what my notes indicate your answer was.

8 Do you dif ferentiate personality conflict f rom j

9 harassment?

10 A

Do I differentiate --

11 Q

Yes.

Are they different?

()

12.

A Harassment can mean a number of things to any 13 individual.

It depends.

This could be harassment.

14 0

You sitting here and answering questions?

15 A

Yeah.

It depends on the individual.

Some guy might get 16 highly irate.

17 0

I hope you are not highly irate.

18 A

No, I am not throwing nothing yet.

4 19 Q

Good.

I am in the direct line of fire.

20 Mr. Bossong, were you aware that there were, in 21 fact, personality conflicts between some QC Inspectors 22 and some members of Comstock management or supervision?

l 23 A

There are personality conflicts anyway you go today.

24 It depends on -- you might not agree with the way I 25 do it.

You may not agree with the way I do something, i

l Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

9976 O

1 you know.

Everybody has to handle cases one on one.

2 Q

Personality conflict does not necessarily constitute 3

harassment?

4 A

No.

5 MR. MILLER:

Thank you.

No further 6

questions.

7 JUDGE GROSSMAN:

Miss Chan.

8 MS. CHAN:

No further questions f rom the 9

Staff.

10 MR. GUILD:

No further questions.

11 JUDGE GROSSMAN:

No further questions.

()

12 Thank you, Mr. Bossong.

You are excused now as a 1

)

13 witness.

14 We hope that you would not discuss your testimony 15 with anyone, and we ask that you not.

Okay?

16 Chances are you won' t have to come back.

There is 17 a possibility you might be recalled, but probably not.

18 (Witness excused.)

19 MR. MILLER :

Before we close the record, we 20 had been asked to make a search of Mr. Rolan or Mr.

21 DeWald's files f or their copies of those --

22 JUDGE GROSSMAN:

Excuse ne for a second.

23 Off the record.

24 (There followed a discussion outside the O

25 record.)

l Sonntac Reportino Service, Ltd.

Geneva, Illinois 60134 I

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1 MR. MILL ER :

We were asked to review Mr.

2 Rolan's and Mr. DeWald's records with respect to what 3

they might contain on the notes that Mr. Martin found when he was doing the weld inspections and, remember,

5 they were three documents on a single sheet with 6 below them.

7 I have for the Board and Parties the contents of 8

the files on that subject.

9 If you will note on the first page of the documents 10 that I have handed out, they are not in any particular 11 order; but in the first paragraph there is a reference

()

12 to the other two letters received on August 9,1983 and '

13 February 2,1984.

We have not been able to locate those 14 letters.

15 The remaining documents in the stack are all that 16 exist, and these documents came through Mr. Rolan's file 17 (Indicating.)

18 When Mr. DeWald was asked about these documents, it 19 was his recollection that the document that bears the 20 legend " Attachment 1" was shown to him in this form for

,21 the first time by an NRC Inspector -- I beg your pardon.

22 I'm informed it was -- Mr. Rolan recalls seeing this in j

23' this form for the first time when shown it by an NRC r -

24 -

Inspector.

25 Mr. Rolan's files themselves did contain the same Sonntag Reporting Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

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1 documents, only in a larger format.

2 JUDGE GROSSMAN:

I take it that is all we are 3

doing with these documents?

4 MR. MILLER:

Yes, sir.

5 JUDGE GROSSMAN:

That is fine.

6 Is there anything else before we conclude for the 7

day what has to be said on the record?

8 MR. MILLER:

No.

9 JUDGE GROSSMAN:

Okay.

Then we will adjourn 10 until 9:00 o' clock tomorrow morning, and we will expect 11 that Mr. O'Connor will be here.

()

12 (WHEREUPON, at the hour of 2:35 P.

M.,

the 13 hearing of the above-entitled matter was 14 continued to the 7th day of August, at i

15 the hour of 9:00 o'c? ock A.

M.)

16 17 18 19 20 21 22 23 24 25 Sonntao Reportino Service, Ltd.

Geneva, Illinois 60134 (312) 232-0262

CERTIFICATE OF OFFICIAL REPORTER O

This is to certify that the attached proceedings before the UNITED STATES NUCLEAR REGULATORY COMMISSION in the matter of:

l NAME OF PROCEEDING:

BRAIDWOOD' STATION UNITS 1 4 2 COMMONWEALTH EDISON COMPANY DOCKET NO.:

50-456/457-OL PLACE:

JOLIET, ILLINOIS

O DATE:

WEDNESDAY,' AUGUST 6, 1986

[

were held as herein appears, and that this is the ~ ori.ginal transcript thereof for the file of the United States Nuclear Regulatory Commission.

1 d k.

b4 (sigt)

(TYPED)

Sandra'A. Evans Official Reporter Reporter's Affiliation' O

9-4

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