ML20234B203
| ML20234B203 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 07/25/1984 |
| From: | Atomic Safety and Licensing Board Panel |
| To: | |
| Shared Package | |
| ML20234B159 | List: |
| References | |
| FOIA-86-180, FOIA-86-A-221 NUDOCS 8707020278 | |
| Download: ML20234B203 (82) | |
Text
{{#Wiki_filter:-1JR3:jrb 57000 )
,- q 1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 2l ,
i 3'! BEFORE THE ATOMIC SAFETY & LICENSING BOARD 4 i
---- -------- - ----x 5
; In the matter of: :
6 : l i TEXAS UTILITIES ELECTRIC : 7! COMPANY, et aL. : Docket Nos. 50-445 g
- 50-446 (Comanche Peak Steam Electric :
, Station, Units 1 and 2) :
- - - - - - - - - - - - - - - - - -x 10 11 Glen Rose Motor Inn Glen Rose, Texas 33 July ?5, 1984 Deposition of:
'" l called by examination by counsel for Intervenor, CASE, l
ic . 37 , taken before JAMES R. BURNS, Court Reporter, 1 18 oeginning at 10:Gs.m., pursuant to agreement. to
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20 21 , 22 . t l 23 I ) i 2e
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! 25 8707020278 870625 U313U ( )i PDR FOIA
- GARDE 86-A-221 PDR . ,
l Y# l l j
57001 i 1
;lsppgApAncIs:
l 2 l On behalf of the Applicant: 3 McNEILL WATKINS, Esq. . Bishop, Liberman, Cook, Purcell & Reynolds 4 1200 Seventeenth Street, Northwest Washington, D. C. 20036 5 On behalf of the NRC Regulatory Staff: 6 RICHARD G. BACHMANN, Esq. 7 Office of the Executive Legal Director j U. S. Nuclear Regulatory Commission ' 8 Washington, D. C. 20555 9 On behalf of the Deponent: 12 - - On behalf of the Intervenor, CASE: 13 BILLIE GARDE 14 Law Clerk I Trial Lawyers for Public Justice, P. C. 15 2000 P Street, N.W., Suite 611
, Washington, D. C. 20036 16 !
17 18 19 20 21 - i 22 [ t t
- 23 !!
ll' 24 J[ 25 ?! e2 t_ .
e 1 57002 l CONTENTS 1 l l 2 WITNESS DIRECT CROSS REDIRECT RECROSS ! 8 s7004 57071 5707s 4 5 6 7 8 9 10 11 12 EXHIBITS MARKED RECEIVED 13 NONE 14 1$ 16 17 18 19 20 21 '. . 2 ll . P 24 4~ U i;.
. fE - .
jrb 57003 1 i PROCEEDINGS 2 Whereupon, . 3 - s 4 the deponent, having been first duly sworn, was examined and 5 testified as follows: 6 MR. WATKINS: We'11 go on the record. 7 My name is McNeill Watkins, counsel for 8 Applicants in this proceedings. 9 This is the deposition of L
)
10 And why don't counsel identify themselves?. 11 My name is jI'm 12 associated with 13 I am appearing here today representing 14 who is a Brown & Root employee. 15 j For purposes of the record, I would like to note 16 that is appearing here voluntarily without being 17 under subpoena. 18 MS. GARDE: My name is Billie Garde, and I am a 19 law clerk with Trial Lawyers for Public Justice; I represent 20 Intervenor, CASE, in this matter.
~
21 MR. BACHMANN: I am Richard Bachmann,.I am counsel I
^* #cr the NRC Staff.
23 MR. WATKINS: Ms. Garde, I assume we can proceed 24 under the same rules recarding scope of examination f.3 as we 25 did with' rd.
\ 57004
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i 8 1 gs, cAn:E: We can. 2 MR. WATKINS: Understood. 3 MS. GARDE: Okay. ' 4 let me make a few introductory remarks 5 to make sure that you understand:
- f
'6 z.m going to be asking you some quetions about a i
7 specific incident involvingY.. a If at any ' 8 time you don't understand my question, I want you to ask me tej 9 restate the question, or tell me you don't understand the ! 10 question; and I will attempt to do so. r , 11 If at any time you want to confer with your counsel,
/ 12 please indicate on the record that you'd like to confer with 13 ~
your counsel; and you have the right to do that. 14 And if you don't raise any comments or questions 15 I'll assume that you understood =y questions and that your 16 answer is complete to the best of your knowledge. 17 Do you understand that? j 18 THE WITNESS: Yes, I do. 19 MS. GARDE: Okay. ~ 20 Mac, do you have any other opening remarks? l 21 MR. WATKINS: No. - 22 DIRECT EXAMINATION 23 Sy gg, ggggg: (- 24 Q g w:.11 you state your name for .tbe record,
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l 25 please? Z~
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1 57005 i
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1 A 2 Q Are you currently employed at Brown & Root? 3 A Yes, I am. 4 Q And in what capacity? A 6 Q What doesf. Ms tand for? 7 A - 8 Q Are yout,
' ^ 6 How long have you worked at Comanche Peak?
N 10 Q 11 A 13 Q And have you 24 Ml 15 A Yes, I have. immediately prior : 16 Q And where did you work before, 17 this job? 1 I 18 A i 19 Q And how long was that for?
^ _
21 Q And before that? 22 A / 23 Q Was that at a nuclear plant? {, *i I asked you if you[ h ! and you g 25 o Now, - .
i i 57006 I l I i
- I i I said you were 2
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3 } 3 ; 4 Q And through what ecertification or education do you 5
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claimtobe{ l 6 I didn't understand your answer when you said 7 you were not What kind emman I 8 A A 10 \\ Q Okay. I 11 l Could you explain to me what that is, please? U - A Well, I'm not sure what the difference -- I mean,
-- 13 are you trying to say --
1 14 the duties and responsibilities? i 15 Q Could you give me a summaries of those duties and 16 fresponsibilities? 17 A What it basically entailsf _ 19 i - l g . . i
,l Q And that ?
i 23 l A No, ma'am, it doesn't. , 24 Q Does it
?;
. ...+
# 'fj l
25 A No,i !houknow, it's _A
I I ( l 57007 i i , I I And that's a 2 prerequisite. 3 Q Are you v 4 A I have been. 5 Q But you currently are } 6 A No, ma'am. 7 Q In your current position,you said that you were doin, I E -- strike that. 9 I asked you to give me a brief description of your .10 duties; the things that you described: 11
= 3 1
13 A I'm not sure, the way you'ri asking the question -
- 14 are you asking what is I
15 Q Um-huh, okay; right? 3 16 A My position right now 17 18 Q okay. - 19 Could you explain briefly what that involves? _ t 20 I want to understand, what it is that 21-~ 'you do out at the plant; and I don't understand it vet from l b 22 iany of your answers? ; i 23 l A All right. , 4
-l
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25 Q How many. . I
i 57008 1 A 2 Presently,{ - 3 Q And what do[ ntail? 4 A Well, 5 l 6 Q Um-huh? I I , 7 A If there's 1 8 e 10 O 5 11 Q Is that all? 12 A There's numerous other things,
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13 . i 14 Q Are the' ] I Yes, ma'am, they are. 15 A l 16 Q ] 17 A 18 Q Has it' 19 A Yes. At Comanche Peak, yes. 20 Q Were you aware that at Comanche Peak there was not 1
}_
22 l
. A Would you repeat the question, please? ' -
~~'
23 Q Um-huh. 24 Do you want me to repeat the question,.or co you wan 25 me to rephrase the question? 4 +~
.p -
{ 57009 i 1 i A Repeat it, I wasn't sure. i 2 Q Okay. 3 Were you aware that at Comanche Peak there g _ 5 ummmmmmmmmmus3 - 6 A Let me see if I've got this right: 7 Was I -- the question is,. was I aware th'at at one i 8 time -- 9 Q Yes? 10 g _ , 11 Q Yes? 12 A I became, you know, I found out about it. 13 ~ Q Um-huh. l 14 But - 15 A There's always been -- 16 g __r
-17 Yes, ma'am.
A 18 Q Okay. 19 And who I
= A ummmmmg i
21 Q Now, I said at the beginning of you, that' i _ - l 22 lIwasgoingtoaskyousomequestionsabout an incident
'I
( 23
! involving]
i 24 Do you know 4 25 A I know yes. j
57010 [ i 1 1 Q Do you know _ 2 A Yes. 3 Q Do you knowi 4 A Yes. 5 .Q Doyouknow{ 6 A I'm not familiar with 7 Q Do you know 8 A Yes. 9 Q Do you know t 10 A Um-huh, yes, I do. . . . _ _ 11 Q _ _ _ _ . . . . _ 12 A g] 13 Q Now, 14 M 15 A Right now? 16 Q Right now? 17 A f 18 o s_uuuuuuuuuummme 19 A No. 20 Q I'm not interested in a week-by-week change, if 21 that's the kind of schedule change that you've hidi b~ut, I 02 l would like to know if you have ever worked on the night shift 23 A In going with what you're saying, -
=> ussumaj .
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t 57011 t 1 Q Have you ever been 2 N 3 A No. - 4 Q Have you ever r 5 j ' 6 A yes. 7 Q What do you mean, 8 A Well, 9
)
10 Q So you had a specific task that you 11 l 12 A Yes, ma'am. 13 Q Do you remember when that was? 14 MR. WATKINS: Was it more than once? 15 73r w TNESS: There's been a couple times I've 16
- worked that.
l i 17 BY MS. GARDE: i 18 Q Okay. 19 ,( Do you remember the rough time periods of those?' : 20 Month and year would be -- ? 21 A I really don't recall at this time. . i 5 22 ; } Q Sow, I asked you a minute ago if you knes some people: l 23 l I named, five or six names? i 24 A Um-huh. " 25 Q I would like to know, to the best of ur knowledge, C_
57012 1 if they are , or ,
- 63 3 A hs f' i
4 MR. WATKINS: Excuse me. Are you asking him about j, i 5 presently? - 6 MS. GARDE: Presently. ' 7 BY MS. GARDE: 8 -- you said you didn't know; Q 9 doesn't ring a bell. 10 A No. ; 11 g i 12 A ! don't know, and I'm not... 13 Q Okay. -- 14 i 15 A o longer Brown & Root; so I don't know
]
16 whathworks. ; 17 Q Okay. 18 Now, --I'msorry,there'stwootherpeopleIasked! 1 19 if you're familiar with: - l i 20 . l 21 A Yes, I know S-V; f, a2 I understand -- well, let me ask: Q -j !' 3 S3 30 you know if is
I 57013 i 1 Q Do you know how long ' 2 A No, ma'am, I don't. 3 l Q 4 A Yes,(%is. 5 Q is currently an employee of Brown &* Root? 6 A Yes, ma'am. 7 Q Is % to the best of your knowledge,{ 8 M.! 9 A Yes, ma'am. I 10 Q He still is'. l ? l t - 11 A Yes. 12 Q To the best of your knowledge, has $ 1 ways been 13 ,1 14 A I don't really know. 15 Q Have you discussed your testimony here today with 16 anyone? 17 A No, ma'am. IB Q Your lawyer? 19 A No. 20 Just my lawyer, I guess. 21 Q You discussed it with anyone on the site? 4 22 A No. 3
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i 23 I g I
.x 24 A No. ~'
. :-N 25 Q Haveyouhadanopportunitythroughfhourattorneys
57014 l'
, i 1 to read an affidavit of 2 ;
I , 3 i A I have read a document. 4 MS. GARDE: Let the record reflect that the witness 5 has been shown a copy of an affidavit of 6 THE WITNESS: Yes. 7 BY MS. GARDE: 8 Q Have you read that document? 9 A Yes, ma'am. 10 Q Did 11 A U Q N 13 Now, there's an allegation by about -
- _1 14 an incident on which I'd like to ask you some questions about:
15 Did you ever de 16 And by that, -- L 17 A Not physical. 1B Q -- I know you you don't -- I know you don't; 19
}
M Q Yes, ma'am. 21 Q And I understand you're not 22 A Yes. [ l ! s 23 MR. WATKINS: Just to clarify for the r)cerd, E 24 25 MS. GARDE: In the I
57015 ! 1 BY MS. GARDE: 2 Q Did you ever have any occasioni 4 assueuuuuuuuuuuuut 5 A Yes, ma'am. ( 6 Q When would that have been? 7 I'm not sure of the date, j A l 8 specifically. 9 Q Sometime in 10 A Yes, ma'am. 11 Q And what did 13 A Could you -- 14 Q Well, 15 I 7 16 A Yes, ma'am. 17 Q So what, to the best of your recollection, did you 18 l 19 M A $ looked at r. 21 Who is ', l Q 1 02 A Myself and - . [ U Q And you looked at the records -- A3
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24 g of ,, [
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w 25 Q Okay. .. e
57016 Il l, l 1 I'm not u.an 6 either. 2 (Laughter) 3 So I want you to explain to me what g 4 5 A { 7 Q And that is in-process fabrication, is that work B done by craft? 9 A Yes. 10 Q And that would be the actual f abrication of the li: 11 plates? Um-huh. ( 12 A Would they be fabricated on-site? 13 Q 14 A The time frame, I'm not sure, it was work that had 15 previously been done. 16 Q Um-huh. 17 A All right? 18 And then the work was done as far as I can best 19 recollect; everything was done there. 20 Q on the site? ,. F
' Yes, ma'am.
21 A a S Q So you said it was work that was previously done" 2 A Yes, ma'am. ;_# b ' 24 Q 25 ..
I' t I
! 57017 1
1 2 A Yes, ma'am. . 3 Q And is it your testimony that 4 5 A Yes, ma'am, g ere. '
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6 Q And you can't recall any closer to a month, other ! 7 than it was last year? 8 A A lot has transpired since then in the time frame. 9 I appreciate how things begin to run together. Q 10 - -- (Laughter) 11 Witnesses... 12 MR. WATKINS: This is
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13 (Laughter) 14 BY MS. GARDE: 15 Now, I have two questions on the actual fabrication Q 16 of the liner plates, which you may or may not recall, M 17 18 . But do you recal 19 - 20 A Not a specific date, because it was, like, an "I ongoing time frame. oo ! *
- i Q Could it have been the late seventies, '78, , '79?
i 23 l A I have no recollection of the date. . , 7 24 okay. Q . -s. a_" 25 You just don't recall? .l 9
1 57018 I i
- p. 1 1
A No. 2 Q That's not what you were looking at? 3 A No. 4 Q The dates. 6 okay, what specifically to the best of'your recollec 6 tion 7 8 A 9 Q Can you explain to me what to g] - - - 11 A that, you know -- 12 Now, Q whenyousay{u 13 I'm sure you understand your testimony; but I don't believe I' ' 14 understand your testimony on this -- not because you're not 15 being frank; it's because I'm not an engineer and I don't
]
l 16 work on the site. 17 So my familiarity with what the terms mean is going 18 to take a couple of more questions for me to get at, get as 19 complet'e an understanding.
- 20 MR. WATKINS: Just ask him what "it" is.
21 MS. GARDE: What "it" is?
.a 22 XR. WATKINS: To see that u
23
. g why don't you ask what "it" is? g 24 MS. GARDE: Well, does '"it" refer to 3 O
25
- m. .
.27 ee
- 57019 l, f' ' '
1 sr w;;ngss: 2 M something like that. 3 BY MS. GARDE: 4 Q okay. 5 Now, there's been -- 6 (( , 7 8 A [ 8 Q And / 2o eIB) 11 A The total number, I don't recall, exactly. 12
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13 Q Okay. 14 Was it five? 15 A Ch, no. It, you know -- I don't know a specific 16 number, you kr.ow; if I could say it was 100 and be sure in my 17 own mind it was exactly 100, I would say that. But I don't 18 recall the exact number. 18 Q okay. - 20 I would like to kind of get a sense of how many
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"1 there was:
22 Was there , _. U A I'm really sorry, you know, I just cant. , you know --
.2 24 if I could say specifically, I would. ~~[
. ,. 7 25 .e Okay.
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Q ~~*
57020 l 1 Well, let me ask you this: _ 2 J - 3 A i} 4 5 Q so{ M was on{ 3 jalso? 6 A Yes. 7 Q What does it mean when you say 8 9 A Well, 2 > 10 . . _ _ Q - Um-huh. 11 A An d - -- - 12 Q And you were looking at 13 14 A Yes. 15 Q Were they complete? 16 A No, 17 18
- i 19 q 20 A Yes.
21 Was that a problem? $ Q U A A: that time U M no. v , 24 Q Is a ,[25
.,7 It's -- well, if you can rephrase ,the question.
25 A
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l 57021 r 1 g I'll try to rephrase the question. 2 as 3 A Yes, ma'am. 4 Do Q 5 & . 6 A Yes , mat ' am. 7 g po 8 A Normally they do. 9 Do Q 10 11 A Yes, it references the number. 12 Q Now, I asked you before 13 - I 14 apclogize but I can't think of a different way to ask that 15 question. 16 So let me ask you to explain what your misunderstand-17 ing is about the question, what is confusing about my question ~ 18 A Well, the terminology I guess, 19 Q And what about the terminology 20 is confusing you in regard to travellers? 21 ge l ,, , I associate the ter= A der a 22 i cir cums tane,e , possibly, where it's got it stamped, and,
,3 you know .,.,
.,e-24 Q Um-huh. eg 25 A They are a document that controls thiE work
/ 57022 I activities for the item, and they were issued specifically. 2 Q Okay. 3 I think I understand now your misunderstanding. ; 4 So let me ask this: i l a 7 m] A No, ma'am. - 8 Q Okay. L 10 A Yes, ma'am. 11 Q Okay. ( 12 Now, you said'i, 1 1 3 1 i 15 16 Are thosee the ' 17 18 A That is all we discovered. 19 Q Now, you said that I l emuus 21 . A Yes, ma'am. 22 ' Q So that there wasn't a serious problem? I
\ - {
"3 A No. It could be corrected. g
.-s-24 Q What was that A An -
G .. .
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- l 57023 e
1 Q And what is an inspection chit? ' 2 A The -- let me clarify one thing: 3 Yes? Q 4 A When that program was in effect, I wasn't involved 5 with it; but to explain what a chit is -- 6 Q Um-huh. 7 A -- it was a method of showing that the 8 inspection had been witnessed by a QC inspector. 9 Q Um-huh? 10 A And they gave the crafts person one copy of bhat; 11 and they also collected one copy in the records. U Q Chits aren't being used now, are they? 13 A No, ma'am.
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14 Q They weren't being used two years ago, were they? 15 A No, ma'am, not when I came. I 16 Q I 17 18 19 A Yes, ma'am. '
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Q Could you describe what a chit looks like?
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21 r A Honestly, at this time, I couldn't, without seeing 02 1 ene, or, you know?
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\ 23 g Is it an 8-by-12 piece cf paper? re,
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24 .- A As best it was very, you know, small. #
,r
.ar 2 Q Three-by-five? ~~
em
57024 } l l
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\ 1 A No. I'm not sure, you know.
2 Q Okay. 3 A I know it was small. 4 Q Did it have a control number on it? 5 A Not to the best of my knowledge. 6 Q Was it a permanent record? 7 A At the time it was utilized, I believe it was. 8 It was a substantiating record. 9 Q What information did the chit have on it? 10 A The inspector that performed the activity,'the 11 date, the -- at this' time I'm not sure of everythign else ( 12 that was there. 13 Q Maybe the component number? 14 A It was possible the weld or the item number was ( 15 there, too; I'm not sure. 16 Q And how were they attached to the traveller? 17 MR. WATKINS: I'11 object to the form of your 1B question. 19 MS. GARDE: Okay. 20 BY MS. GARDE: Y 21 Q Were they attached to the traveller? l
- 22 i A I'm not sure at this time. ,
a e .e u 24 s
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- 57025 1 A No, ma'am.
2 Q You don't recall if 3 4 A No: 'at this time, ma'am. 5 Q Okay. 6 Now, your testimony was -- and I'm not the best 7 note-taker, so we can have the court reporter read it back ( 8 if you're not -- if you don't feel like I'm accurately restat-l 9 ing your answers: 1 10 When I asked if it was a serious problem thkt g l 11 l i 12 13 . '*S - # 14
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15 A That's right. , 1 16 Q I'm trying to understand, how W 17 2' 19
^ :-So there, l
Q L _ 20 A As best, you know, like I said, previously, you 1 21 know, it's been some time ago. i
% Q I understand that.
U A And I would think, you know, as I sat here and f 24 thought about it,
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57025 l 1 A No, ma'am. 2 Q You don't recall if s 6 4 A Not'at this time, ma'am. okay. 5 Q - 6 Now, your testimony was -- and I'm not the best 7 note-taker, so we can have the court reporter read it back 8 if you're not -- if you don't feel like I'm accurately restat-9 ing your answers: 10 When I asked if it was a serious problem thIt g 11 12 13 14
?)
15 A That's right. 16 Q I'm trying to understand, g = how M 17 18 A { 19 Q So there1 L - 20 A As best, you know, like I said, previously, you 21 know, it's been some time ago. i 22 Q I understand that. ." 23 A And I would think, you know, as I sat ere and 24 thought thout it, 1
l 57026 l r- 1 l I 1 i Q O'.a r y. 2 Now, I want you to try to remember.this incident 3 in as much detail as possible. . 4 A Um-huh. 5 Q And I want you to try to remember if when you cnd 6 I 8 A As I can remember, the, you know, , 9 l 10 , 12
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13 Q Does your -- when you said they were "there," -- l' A In other words,I 5 16 17 18 Q Um-huh. 19 Did each W
= A I eon.t recan. -
1 Q so you den't remember if, 23 l' 25 A Well, and -- d o
57027 l I 1 Q You had M 2 A I mean, the travelers. 3 Okay. Q 4 I know the traveller is one piece of paper? 5 A yes, - 6 Q I also understand that there are packages; okay? 9 MR. WATKINS: ,To try to clarify what you're asking, 10 if has a folder, and it says, this is for spent fuel pool 11 wall, whatever -- s l r 12 tis . GARDE: Um-huh? 13 ~ MR. WATI'. INS : There might have been 15 or 20 14 travellers there. 15 MS. GARDE: Um-huh? 16 THE WITNESS: And I don't recall if, you know, like 17 I said, -- 18 MS. GARDE: Um-huh? 19 THE WITNESS: -- 20 $1l you know, 21 in its entirety. . ?, 22 MS. GARDE: Um-huh. I!
- 23 THE WITNESS:
All right? . 24
..E.y I don't know if that answers your quest 0 Con.
25 ~;gi MS. GARDE: I don't think you remember. e Ieu4 m iui ui.
57028 1 BY MS. GARDE: 2 Q Now, you said that 3 You're sure it game
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4 l 5 A 6 i 7 Q Okay. e ammmmmmmmmme) . 10 A No. 11 Q How many 12 A I don't know, you know. 13 Q okay. - 14 Now, 15 16 A It took place 17
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18 Q And where was I 19 20 A with [;,, t 21 Now, when you Q
'A U
, did you do anythine to the documents? l U A No. 'I s E:,.
i 24 Q
= umur .
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,c l 57029 i
1 l A There was 2 For what reason did you do it? Q - 3 A At the request cf 4 Q 5 would be in area of responsi-6 bility? 7 A Yes. 8 What is Q 8 A you know, person; what title is right 10 now, I dori' t know. ~ 11 Q Were the liner plates. I 12 g 13 Q Wasthe.fuelpoolf [ - m - 14 A I'm not sure. 15 Q Did you and discuss at 16 17 yes, A
- 18 Q What did-19 A A way to possibly address the situation for 20 correction. l 21 ~
Q Did you discuss several options? 22 A ~ believe there was, you know, more than one. 23 Q To the best of your recollection, would you tell me 25 m; e u
1 57030 b 1 A 2 Q What does that mean? 3 A To go back and 5 6 Q Besides the
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7 A If there was any other. j 8 Q Well, what others ones?
-0 A 10 Q 11
A yes. (" 12 Q If there 13 A Yes. ~ 14 Q Okay. 15 What else? 16 That basically was the, you know, the plan. 17 Q And what did you decide to do? 18 A { 19 2o 21 Q What is
= A Well,
=
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57031
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r 1 A Yes, ma'am. 2 That would j 4 Q That's what you decided to do. 5 Is that what you did? 6 A Yuh. 7 Did you do that? Q 8 A No, ma'am, I didn't. 9 Q Did o that? 10 A No, ma'am,I did not. 11 Do you know who did it? Q ( u A At this time, id it. 13 Q What do you mean, "at this time"? - 1 14 A Well -- 15 Q You mean this incident that we're talking about? 16 A What we're talking about here; yes. 17 Q And how do you know if did it? 18 A , 19 Q Did you seet eing it?
# A Yes, ma'am, I did.
21 g l . 24 Q Did you talk to E . '# l
- - ; I 25 A Yes, ma'am. jr-
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1 1
57032 1 Q Did you talk about this assignment? 2 A Yes, ma'am. 3 Q Wnat did S._ tell you? . 4 A Well, 6 Q Um-huh. 7 What didi g say? . 8 A Well, nderstood where we were at, what we were i i 9 doing. I 10 Q That's all uS said? l 11 A The best that I can recall. I I 12 Q Who did work for at the time? _ l 13 A
- believe.{ ] .
14 g pid 16 A Well, yuh. 17 Q Did you talk to 18
- 19 A When it starteddown,youknow,[
20 in this effort. 21 Q Um-huh. T l l 22
,! A And he provided me with M . ,
24
.= -
A Yes, I believe I discussed it with W- 3 Q Was present? , ,_
I 57033 , I i' 1 f
,. -- - i 1 A Nc,gwasn't.
2 Q Was present? 3 A I don't believe was. i 4 Q Was present? l 5 A No. 6 Q Was L. M hresent? 7 A No, he wasn't. 8 Q You say you don't know who as. 9 Was there an unknown person present? 10 A No. 11 Q If you can recall, can you recount forme l t f 12 your 13 A I explained with the documents what the objective -- l 14 was, i 15 16 i i 18 Q Did say anything? ; 19 A M acknowledged what the task was, yuh, j, 20 understanding of it. j' 21 Q E didn't raise any questi5ns? ~
"2
- A No: to my knowledge, at that time. i 23 Do you recall
..' , Q ll 25 A No. ,, 'O,
j 57034 j l 1 1 l Q Do you ever recall showing you a 2 l[ 3 4 m: 5 A No. 6 Q Do you recall 8 A Yes, there was. 8 0 10 A Not to the best of my recollection. e 11 Q ) 12 A Not that I recall. 13 ' Q You don't recalli N lever raising those ~ 14 questions? 15 A No. 16 Do you recall Q 17 18
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No.
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19 A 20 g _.- - 21
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te l' L - 23 Prior to your explanation of the assignment, are ll-24 you aware of anyone else explaining the assignment to g 25 A No. I
, 8 m 9
l 57035 I r : 1 Q Do you remember what day M week it was? 2 A Idokt't; I'm sorry. 3 Q Was it iAnediately ! u 1 1 6 A It wens very close, you know, in that proximity ;'- 7 yes. e 8 Q Do you recall" heredoing g - 9 that particular assignment at that time -- why it couldb't 10 wait "tfll later? a 11 A dell, '
;had come to me and said that,f g 12
] was 13 responsible for that work I M lAndexplained}
A 14 l the situation, and we went through it. 1 . l 15 Um-huh. Q i
/ I 16
, A I don't remember thd urgency.I l 4
17 Um-huh. - g Q 1 e i 18 You don't remember that there was a due date for 1 19 those documents? " 20 A No, ma'am. 21 Q To be somewhere else? (
"2 Now, you talked to
..+
24 and M didn't indicate any question's or concerns? O5 A Right. - O . .
57036 e ! 1 l i) And that you, yourself, explained the assignment l Q oi 2 i A Told % hat we were doing. Q s - 4 A As best that I can recall it. 7 Um-huh. l Q - ' 8 r ' i Do you recall . A No, ma'am. Q Do you recall f 12 A No. I Q Did you tell 15 A Not to my best recollection, I didn't. 3 I Q Did ever talk to you about'. M - 18 A No. 19 Q Did any of the individuals that we're discussing here, 21 23 mammessummuuur_ !,
, A No, ma'am, I don't.
g Q Was,_ l 2 ' ' M. "
f )l I i 57037 l l r b ' t 1 i He l A I'm not really sure.
, [
l 2 3 a (v 4
. mas
[ ,I - p .; s Do you remember, Q F ' \r)f f. i ' A -* L 5 A I don't recall 'It's feasible, t 6 ight have. Q $ 8 i " n j and -- A To yes. 10 ~ Q And ] 11 Do you know if anybody
~
19
~
. , , ,; ; ;w
( i eg l
~
13 p, , -- I' Q Havef .
,. 3 '[ f) -'
m 15 16 A No, ma'am. ' . Q Are you' aware 19 ummuuuuuuuuuss3 ! A No. II Q Now, I want to go back)
. andd then I'll be done and you can go on !
~~ l t 4 with your life!
u I (Laughter) ng * '
* .f MR. WATKINS: You mean you'll end your. question:ng?
u sr. . MS. GARDE: Um-huh. -
\
l
)
l 57038 i (~ I i 1 BY MS. GARCE: 2 Q The chit is not in use now, that form; I think your i 3 testimony earlier l 4 5 A Yes, ma'am. - 6 Q And that 7 N3 8 A I'm not -- you know, if I said two, I'm not sure if 9 it was two, you know. 10 Q Okay. 11 A You know, in my mind I'm going with, 12 and it could have been 13 three copies. ~ 14 Q Youhave[ 15 ig 16 A No, ma'am. . i g h ,, ' 18 19 A Yes. ~ 20 Q And your understanding of # j
~
21 ' M A Yes, ma'am. . ( U Q Do you have any knowledge about 24
} 'g*
.7 25 A Let me ask, or let me clarify somethIng: is your
t 57039 l i I l' ! I question, , 2 A Yes. . 3 Let me ask that: 4 well, A 6 j 7 i
~
8 I'm not t 9 sure. 10 g - ...,,, 11 A l 23 a s s u m m u u u u r; - 14 Q ] ; 15 16 A Yes, ma'am,
]
Q Would it 5 j l.' A Possibly. l 18 Q What other kind of j 19 MR. WATKINS: Objection, ,1 20 21 MS. GARDE: Well, I want totryandfihidout if this! ' 22 it witness has any knowledge il _ ll [ t 24 l
l 1 57039 l g I i 1 question, 2 g y,3, , 3 Let me ask that: 4 A Well,{ i 5 1 8 Il 7 { 8 I'm not 4 i 9 sure. . I 10 g f 11 i , i U A , 23 mmusumunumr; , l Q ] 15 Yes, ma'am, A
]
16 Q Would it T 3 17 A Possibly. 18 Q What other kind of j 19 Objection, MR. WATKINS: e 20
~
21 MS. GARDE: Well, : want to try and find out if this' I l il Witness has any knowledge _ c , i 24
= ./
mmmmmmmmmmmmus2. . .
57040 - 1 1 l MR. WATKINS: I'll object on the ground you're 2 asking jto speculate. 3 MS. GARDE: Can the witness answer the question, 4 noting your objection. 5 MR. WATKINS: Would you like to speculate, 7 (Laughter) , 8 THE WITNESS: I don't know, if you could ask the 9 question again in a way -- maybe I could answer it for you? 10 MS. GARDE: Okay.
- 11 BY MS. GARDE:
f 12 Q I understand you don't have any personal knowledge 13 of the chits, the development of the chits? ~ 14 A That's right. 15 Q You 16 or provided for ir. procedures? i 17 A It would presumably be. 18 Q It would presumably be? 19 A Um-hun. 20 Q i 21 A Yes, ma'am. 22 g I assume, and you correct me if you think I'm wrong, 23 flbecausewearebothsomewhat speculative here, since we don't H 24 know what these chits are all about --l 25 j ll I
! 57041 l i ~
1 Could it be a 2 A It could have been, t > 4 Q Okay. 6 i I J B MR. WATKINS: Objection. l 9 You are asking - you are really asking o 10 guess. l l 11 This is a discovery question. This is a discovery e 12 question. It's not an evidentiary question. 13 testified ( I4 l 15 l MS. GARDE: I'll concede that it's a discovery 16 question. I 17 But I would like i g ean answer the question, to j 18 get closer to some procedure other than this just very vague, 19 "it may have been a part of some procedure" at the site. 20 i I would appreciate an answer.
, l .
*1 .
l MR. WATKINS: It seems to me the best way for you to no 1 go about that is to file an n::errogatory, if you'want to.
.' O" l MS. GARDE: Well, if the witness can answer the ng question, it would be much more convenient for the 1 witness to s
# answer the question.
57042 r l . - l 1 I If $ can't answer the question, S can't s answer the 2 question. 3 THE WITNESS: I really can't. answer the question. 4 MS. GARDE: All right. I want to continue to ask 5 the question! ' 6 (Laughter) f. 7 BY MS. GARDE: 8 When Q j 9 F 11
] f I
12 A
} l 13 I No.
]
14 A I'm sorry. 4 15 g j 16 j That's what it was supposed to 17 indicate, is that correct? 18 A Yes. 19 ( Q , M3 i 21 ' A As far as I remember, yes. - 22 i Q [
= \
24 25 NJ y l I am asking if you made any effort to verify
57043 i l I r I i that, so that you know that it is accurate? 2 A At that time, no. 3 Q Have you since then? 4 A No, you know. 5 Q Are you saying that's 6 A Yes. 7 8 Q And you don't recallI
]
10 A No, ma'am. If g would have, b U MS. GARDE: No further questions. 13 Lege s take a recess. ~ 14 (Recess.) 15 .D TlJRS: b 16 .ndyf1sT2 17 18 19 20 21 22 23 ! 24 > e 25 .-
.a ?
l ) ,- 1 ! i 057^H 1 MR. BACHMANN: I think we can go back on the 2 record now. 3 BY MR. BACHMANN: 4 Q Good morning, 6 Although the Staff usually goes last in 6 its questioning, previous depositions have given me the 7 experience that by my going after Ms. Garde, it appears 8 to expedite the matters, and so I'll ask you my questions 9 now. 10 I would like to understand, I guess, 11 - e amm m mmmmuunus] 13 - 14 correct? 15 A Yes, sir. 16 0 Now, there has been previous testimony, 17 and I don't think you've contradicted it,( 18 s that correct? 19 A As far as I know. 20 0 How did you get involved in doing these 21 since
= !
1 mums - 03 ! A The-- I 24 Ma ;/ 2.5 The time frame, I don't know i[ it was
l l 0576R3
^ r- I
? I ;
under-- you know, before an organization split, you know, 2 non-ASME versus ASME. And, youknow,{ 3 4 5 Q Okay. - 6 Basedonthat,{ 3 8 A once it was-- you know, the plan was agreed 9 on, you know, 10 - 11 Q Would you say that would be at the point L ] 13 A Yes, sir. - 14 Q And then, after that, 15 16 A No, sir. 8 19 A
=
63 21 Q Let me rephrase it. 2.2 A Go ahead. $ 5 l 1
~
23 O Let me rephrase the question. ...;
- 24 25 .*
.j
057n1(i 3 1 A It would have been, yes. 2 Q Now, when you gave'
=
4 5 6 A Uh-huh. 7 Q --is that correct? 8 A Yes, sir. 9 Q Did you say anything to % or indicate
~
10 anything to that a-- the words 11
.i 13 A The -
14 -I 15 1e ammmmmmmmmmmt l l 17 Q So, . - . . 4 4 18 l l 19 20 A It could. ; 21 Q Would it say any other words, M _. I 22 . 23 I'm ta] king about these
),
24 A Not co my knowledge. I
' ..? i y 1 25 0 Yon were asked questions earlier and answered
t 057n17 i I them, and I just want to clarify at this point. 2 Was there any indication given to you later 3 on,-- And when I say, "later on", l
~
5 6 A Nothing was talked about this. 7 0 Earlier in this deposition, Ms. Garde 8 referred you to the affidavit of I 9 is that
^
10 correct? 11 A Yes, sir.
# Further on in that affidavit, 12 Q
~
13 14 l 15 ] 16 Do you recall having seen that in the 17 affidavit? 18 A Yes, sir. 19 O Do you recall 20
^
21 Yes, sir. I 22 A r M Q Do you recall what date it was? 24 A No, sir, I don't, .7
-e 25 Q Do you recall who was present 1st that meeting u_..____.___ _ _ . _ _ _ _ _ _ _ _ _ _
l 1 i e
! 057n.18 s
1 besides yourself and 2 A To the best of my recollection, 4 and myself. 5 0 okay. I 6 A smuuuuuuuuuumm3 1 8 0 Let me see if I can ask the question so l 9 that we can get a prompt answer here. 10 As far as the chain of command or res onsi-11 bilities out at the site, t
= sWD 13 A. ( -
14 1e
! Lammuseuummmmusumusur 16 17 18 19 .)
20 0 Did you ask to attend the meeting? , 21 A
= =
< l 2. s m u u m m m u 8v2 i L 25 0 So, then, it's your understand g that
I 1 l 1 057^10 i 1 j 2 A I would say that would be a true statement.
)
3 Q You just said, also, that 6 5 Is there a particular amount of time that 6 one should not be closed? Or, ,could you kind of explain 7 what you meant by that? Why did this come to your' attention?. 8 A 10 11 12 13 Who has the action and why? - 14 You know, I saw it. ' ' 15 16 17 M .) 18 Q 19 20 A Yes, sir. , l 21 Q Could you describe the extent ofi your e i 22 personal participation, what did you say and to"whom, { 23 please? 2 24 A I don't recall my exact words or.f you r know, . i 25 how the thing went. {
I 057^50 b i i I 2 ll susumument i I 4 II 5 All right. i 6 Q and to the best
- - a 7
ofyourrecollection,{ 8 9 A That 10 11
~
12 1 13 0 -- So, this was-- t i 14 15 16 A Well, y,eah. It was a-- You know, a let has j l 17 transpired. - 18 O Sure. ,.4 19 A
=
21 Q Who made that explanation? 22 A I think 23 0 oxay. 24 A As to, youknow,[ , 1 I j
057051 i 1 2 .3 3 Q Andthen{ 4 [ 6 A Right. - 6 Q And then, who spoke or who reacted? Can 7 you recall how the conversation went? 8 A I really don't recall how the conversation i 9 played out as to, ypu know, who took it from there or I 10 what. It was, more cr less, 11
'~
u 61 13 14 i 15 M; ' 16 0 17
, .I 18 A Theway{
19
=
21 t
=
suamuuuur 23 I 24 { ] 2 Q So, the understanding was that it would
( 057052 1 9 1 And I use tha: term carefully. , 2 A If { 3
,] l 4 Q What was your impression of ( ;
5 e ammmes; . l\ 7 A Everyone was asked, you know, if they [ i 8 understood what we were talking about and, you know, was 9 the resolution-- did anyone have problem with it. 10 And we went right around the room and askede i q l 11 and no one had a problem with it.
' 12
- Q So, g l
13 W ~ 14 g is that correct? 15 A Yes, sir. I 16 Q Excuse me. 17 I 18 A yes, sir. 19 Q Do you recall,'( 2 J 21 .A No. 22 O Do you recall 23 .l $ 24 A Not to my recollection.
~f 25 0 :
I 1
--g-e 0 O f . a d.- :
'O 1 I'd like--
t 2 MR. WATKINS: Y testified " office", t - 3 MR. BACHMANN: Okay. Whatever it is, the 4 record will reflect it. I just couldn't remember the 5 exact words that he used, but that's not important at 6 this point. l' ' 7 BY MR. BACHMANN: 8 Q Would( 9 l 10 f I 11 A As-- You kind of left me hanging there. l t 12 Q Okay. All right. 13 , Let's take the concrete example we have - t 14 right here. 15 A All right. I 16 Q ' 17 ] 18 A Uh-huh. 19 Q If
=
21 22
,I -
f r
- 23 A The rer. son I'm, you know, kind of hesitant 24 in answering, it sounds like you're asking me twb things a
~
25 at once. .Or, you know,
i 057n.sa i ! 11 1 2 ; 3 Q Well, why don't you just answer them in 3 4 that order? It's probably much better than my cuestion, j 5 A _ 7 ! 8 9 10 11 12 13 0 okay. i 14 A Now, if that individual didn't concur with i i 15 it, and that's what I think you were asking, then they 16 would process-- or, they would proceed, you know, to l 17 explain why, you know, it doesn't, you know-- what you're ! l i 18 saying for justification doesn't exist, for example, or l 19 something to that effect. 20 21 Q Could you explain that, clease? ; 22 A l ' 23 < O Yes. t i I 24 A And say, you know, it's still a*non-conformine i , 25 condition, and it .ould take, you know, more individuals to G
4
\
057055 2 1 2 3 _] 4 Q Okay. Now, the physical process of,{ g 5 e samuuuuuuut 7 A To-- 8 O Just exactly physically, what would the 9 person do? . l 10 A { 11 12 13 i *" L 14 15
]
16 And in a hypothetical, and that's what 17 we're really saying, would say 18
] .
19 Q Now, l 21 A Right. 'e 22 O Is that in the procedures? 4 e 23 A Yes, sir. ) 24 0 okay. Well, who-- 'f e 25 A When a-- when a-- You know, 4 hen it
I 05765c
'3
. 1 i cannot be resolved er you've co: an impasse,' l 3
] l 4 0 5 A ,
6 MR. WATKINS: Just to be clear, M8 i 8 THE WITNESS: Yes, sir. 9 BY MR. BACHMANN: 10 Q as it_ 11 not? 12 A Ees, sir. 13 0 It has been established in documents intro- ,, i 14 duced in this-- 15 16 17 18 19 MR. WATKINS: Have those been offered in 20 evidence?I for instance? I'm not sure u 21 they have. i 22 l MS. GARDE: They were marked for identifica- . 23 tion, and I think they may have been also in another. But 24 ney aren't yet entered in as exhibits. They will be.
.f.
25 MR. 3A IHMANN : Okay. Can we stipulate to J-
0O453lf a f the facts I just stated, based on the documents that have !' { 14 1 2 been marked for identification? 3 MR. WATKINS: Well, if that's what you 4 want to talk about, I have absolutely no problem with 5 that. . 6 MR. BACHMANN: Okay. I just-- 7 MR. WATKINS: The evidentiary status of-- 8 MR. BA CHMANN: I'm sorry. I said they had 9 been included somehow here as either exhibits or whatever. 10 MR. WATKINS: Items by identification;. 11 The point I want to make is: I am unsure (~ u as to the evidentiary status of any document that witnesses 13 have been cross-examined on, that have been bound into . 14 transcripts or anything else. 15 MR. S A CiMANN : The status, the way I 16 understand it, is, since we don't have the Board here to 17 rule, would be that the document would be formally moved 18 into evidence by the offering party. 19 Any objections would be noted on the record, 20 and then the Board would decide when they got the transcripts: 21 which documents they would receive into evidence into the l 22 record and which documents they would accept the objections 03 - and not receive them. ) i 24 I understand that's the ground rules. F 25 MR. WATKINS: All right. a in-n-
I
! 057n5s
'4 1 3Y MR. 3 ACHMANN :
2 Q Anyway, I just wanted to establish those 3 dates, because evidently-- again, I 4 5 6 8 9 M 10 M ' 11 Can you comment on that statement, please? u A Well,-- 13 MR. WATKINS: I'll object to the use of _ 14 the statement as hearsay. i i 15 MR. BACHMANN: I would-- l 16 MR. WATKINS: Within hearsay, in fact. 17 ffidavit states 18 19 2o ummassummununummus] 21 MR. 5 CHMANN: Let me rephrase she question. 22 I withdraw the question, and I shall rephrase is. 23 3Y MR. F, "IHMANN : ,
;i ,
24 Q During that period of time that we were , 4 25 discussing,
057050 5 1 2 3 3 5 A Yes, sir. , 6 Q Could you tell me to whom you said it and J 7 what were the things you were complaining about? 8 A I brought the-- or, addressed it 8 ) 10 O' Well, could you tell me who that was?- ._ m
/ 12 O Yes.
13 A And I{ - 14 25 6_ 16 And I asked [ 17 1. 1.
=
W . r 21 i
= . um c - - 23 And I said, 24 25 The second time, in another area, same
l 057N,0 t
'6 1 thing. And I went toI 2
3 4 L 5 It was after the second incident, c
. 7 8
9 ] i 10 And why ., . .. 11
]
r 12 But, you know, I said, l 13 - 14 But % as very, you know-- Well, I'm not is sure of the word. Abrupt, I guess, about it. is Q okay. I would like to ask you a question 17 I should have asked you earlier, and then I'll be done. 18 Goingbackto( 19 m A Uh-huh. 21 0 --I would like to know what your-impre s s ion i 22 was of
, :3 ; just your impression. Nothing else.
24 You were physically there. You hld an 1 25 opportunity to observe ( M . ;,;.- I ..
]
p' 057601
- i-r
- s
~7 1 'I 2
issususuuss>J 3 A I would think % appeared to me as 4 calm. fusuhwasgladthat-- or appeared glad the-- you 5 know, let's get this thing out and get it addre'ssed and I i, 6 be done with the thing, whichever way it goes down. l 7 llhwasn'temotionallyupsetoranything i
;l 8 that I could, you know, see. !)
il 9 You know, I'm not a doctor, but lus appeared, - 10 you know, very calm to me. t i II MR. BACHMANN: I have no further questions i I 12 at this time. I 13 MR. WATKINS: ~' Why don't we take a-- Can we 14 take a 15-minute recess? 15 MS. GARDE: Yeah. I'm going to have about ! I i 16 two or three questions based on that. ! 17 MR. WATKINS: You may have questions based 18 upon my examination-- 19 MS. GARDE: Okay. 20 MR. WATKINS: --of' but not on
~
21 Mr. Bachnann's-- C s 22 , 1 i MS. GARDE: All right. [ l 23 MR. WATK:NS: --examination of 2
;j 24 We' ll take a recess. ;
25 (Whereupon, at 11:52 a.m., a 15-minute recess
057ac.~o it
! i
'E 1 l was called in the proceedings.)
2 4 3 - 4 5 6 < l 7 i
. 8 l
g ii I j 10 - I, 11 ( 12 I. I 13 - 14 l 15 l I 16 17 l i' 18 19 1 1 20
- i 21 e ,
a .
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s . 24
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+
. .. . .. i
._ _ _ . . _ _ _ _m. . __ .. . .
s -T3 -:. 05730.3
. I I f' 1
l (:.2 : 2 0 p .m. ) 2 MR. WATKINS: Let's go on the record, i 3 BY MR. WATKINS: 4 O ( M ) you testified that, _ 5 5 7 L . 8 On numerous projects 9 they don't have quite the breakdown like we have on ours 1 10 currently here, { l 11 . (' 12 Thatcoverslikeouthere,( ~~ 13 14 h _ 15 A There's no requirement at this time. 16 0 ( I 17 M) ' l 18 A No. 19 @ l 20 7 1 21
.I I 22 ; Q. you testified earlier' % ,
.- 23 ! Can you describe the functions ,
5 - i 24 of that office? '/ l 25 A { . .
l 5-2 057ng4 C 1
= ;
e i 4 suumIEEEE 6 'd ' E: )i ! 7
. asummuuuunut w
a c = 13 14 o L' 15 1e 2 l 1, x ou , t_ 18
- 1. 3 .
=
n
= -
c t 23 c . sign eney also go 10 6 ~
-l 24 L Yes. The; could go to l 25 Thatwouldbe{ .}
l 5-3 ! 057M5 i
~
D 1 l 2 A on --{ } But M 3 4 5
}
4 6 0 You testified that you have not discussed 7 your testimony with anyone other than your counsel. Did 8 you mean by that that you've not discussed the substance of 9 your testimony with anyone other than your counsel? 10 A Yes. 11 O You might have discussed with other people j 12 at the site, the fact that you had been called as a witness 13 in this proceeding. - 14 A Yes. 15 0 16 ;, 17 1 18 19 20 21
't 22 A Yeah, are -- I 23 l don't know. I look at them as the same thing.
.r i 24 S
- 25 I
l
S-' 057nn(i b 1 2
.j 3 A No. ;
I 4 0 You don't know, 5 A Huh-uh. . 6 0 In discussing the l 7 ' l 8 I 9 I
\l
- - - 10 Could there also have been, to the best of ;
n your recollection, ( 12 A eah, is that could be. -- il 14 0 b l 13 N] ! 16 A Right. ,
- 17. G [ you testified that 18 19
=
u m3
- A No. '
7.3 i G Did you tell
=>
emessesul i _
.v.s -s 057007 i 1 A. No. 2 O What did you tell 3 A. I toldf 5 - 6 O At the time you worked on this project wi*l 7 you testified 8 ~' 10 Do you remember C 11 12
} .
.13 A. No, I don't. ~
14 O After you,1 15 16 17 A. Itwent{ 18 Did you have any further involvement with G 19 L <- a l' 20 A. No. 21 g _ 2 23 - 24
. "I-A. No. ,
O @
f MS-6 05730s
.( 1 i Yes, sir. ,,
2 g -- as far as you were concerned? I 3 Did 5 . 6 A No, sir. 7 g Did 9 10 A. No. 11 g Did{
' 2
]
13 A. No. ~ l 14 g ) 15 16 17 18 A. No. 19 g Did ever complain to you that felt 20 . 21 g) 22 l A. No.
-. 23 g Let's go '
2.
. ,,mme j - . .
MS-7 057n00 l 1 L , 2 a is 3 4 that correct? 5 A Yes, sir. 6 @ 7 8 A. I don't know r
~
9 10 0 [ A 11
'{
( n O Why? 13 A. Well, I asked the question, you know, _ l 14 15 j 16 And, you know, I said,f - l 17 18 19 0 Did you think that
=
21 _ _ _ - . _ _ r i
- A Yeah. M 'did what M was supposed to 60.
l
# ' l e
- 2. -
25 A Yeah. g
s-e 057M0 I 1 b 2 3 A No. 4 0 Who was? 5 A Well, 6 7 G 8 ) 9 L No. 10 0 . 11 %
, = r 13 _
14 A No. 15 O Did you say anything to 16
]
17 A No. 18 0 When[Ecameintoyou{ 19
- o 21 ]
n A Yes, it was.
, 23 MR . WATK 3'S : No further questions.
24 (P ause . ) - f 25 MS. GARDE: Who's next?
.A D - . .
e
l MS-9 l l 057071 l' I ,i 1 MR. WATKINS: I believe you are, Ms. Garde. 2 MS. GARDE: All right. , l 3 MR. WATKINS: Unless you'd like to make a , 4 deal with Mr. Bachmann. 5 MR..BACHMANN: Does Mr. ave any? 6 I have no questions for the 7 witness. 8 REDIRECT EXAMINATION 9 BY MS. GARDE: 10 0 I just'have a few questionk for l 11 you. I 12 Mr. Bachmann questioned you 13 -- 14 15 i 16 j 17 Isitnormalpractice{ 18 h 19 A Yes. 20 0 Okay. Now prior _ M l 21 22 [ r i 2.3 l A. No.
. I
- 2. 2 No- m j 25 t No. when I talked with M 'as in k
=s= - # 6 e e- ,
)
j .v.5-10 _ 057n?2 1 i 2 G, Mr. Warkins asked you f at anytime g 3 4 0 exmusume 7 A As I perceive it to be? Is that what the -- 8 G Uh-huh. 9 A -- question is? , 10 0 Uh-huh. 11 A If you were to -- oh, I don't know. You r 12 could harass by putting undue pressure on an individual, 13 on giving them a task that, you know, would be very trying .-
. ,1 14 or straining on that person, something like that. That 15 would be harassment in my opinion.
16 G Do you know of any Brown & Root er site 17 policy regarding harassment? , I 18 A Harassment of -- l 19 G I i i 20 A Other than,.you know, if they feel they have i 21 a problem, there's a hot line set up for them. And they I i 22 can talk to the NRC and all this, yes. ij l e- 23 G 24
, i
~
MS-11 057aia 1 A. Not a written procedure or anyuhing like that, 2 no. 3 O So,if[ 4
- l 5 A What could % have done, you're.asking me. 1 6 g What could { % ave done?
7 L 8 That would have been a possible. ould 9 That would be another possibility. 10 g Uh-huh. 11 A could have even brought it, if the
/' 12 concern was so significant or it would have been a problem 13 with & to the NRC resident inspector that, % elt that, -
14 you know, there was a problem that thought was going 15 undetected or something like that. 16 G Do you have any knowledge of whether 17 18 A No, ma'am. 19 Q Do you have any knowledge of whether .
'o ,
22 ummmmmmmmmmust , A No, didn't raise it concerning l [- 24 .manammes; ,
+
25 g Do you have any knowledge of
MS-12 i 057n74 1 2 A I'm sorry. I don't understand the question. 3 G Do you know whether there's a site 4 ombudsman? 5 A The acronym " ombudsman, I don ' t , -- I 'm not 6 familiar with. 7 0 Okay. { 8 A Yes. I 9 0 Okay. 10 Y 11 A r 12
'l 13 i 14 0
;l 15 1
16 I 17 A. No, ma'am. ! i 18 G Now one more question. 19 (Pause.) , 20 MS. GARDE: No further questions. That's all. 21 MR. BACHMA!m: I have a -- just one clarify- i 22 ing question on a statement just made by l _ 23 SY MR. SACEMANN: 1 24 0 You stated u 1 25 g) Is there a significance in that statement? I mean,
xS-13 057^75 1 as opposed to working for someone else? 2 A No. That's -- you know,I 3
] And, yeah,I s far as 4 I know.
5 0 As opposed to working for whom? , 1 6 A Brown & Root or anyone else. I 7 MR. BACHMANN: Okay. Thank you. That's all 8 I have. 9 MR. WATKINS: We'll go off the record for l 10 just a second. 1 i i 1 l 11 (Discussion off the record.) (~ 12 MR. WATKINS: On the record. 13 I have just one additional question. _ 14 RECROSS-EXAMINATION 15 BY MR. WATKINS: p .A 16 0 during the time that you've been 17 hereonsite,{ 18 19 A No. 20 MR. WATKINS: No further questions. 21 Does this conclude examination?
- 2 (No response. )
,- 23 MR.'WATKISS: Hearing no response, thank you, t
' ,f 25 MR. BACHMANN: Thank you. 3.-
r l 5-14 l l 057ATO . 1 MS. GARDE: Thank you, ., 2 MR. WATKINS: We're off the record. 3 (Whereupon, at 12 :40 p.m. the deposition was 4 concluded.) i 5 --- i 6 I 7 , 1 l 8 ll l i
.-- 10 Deponent i i
l' 11 I i I i
-f 12 l
!I 13 --
J, 14 l 15 i 16 17 18 j 19 20 21 . I so '. I I : i I '
-. 23 ,
*~
24 .s S 98 ,
k l i
. I
! . CERTIFICATE OF PROCEEDINGS !
I i 1 , 1 I ) This is to certify that the attached proceedings before the 2 NRC C0! Oils SION 3
-In the matter of: Comanche Peak Steam Electric Station 4 -
Date of Proceeding: July 25, 1984 3i j l Place of Proceeding: Glen Rose, Texas 1 6l I were held as herein appears, and that this is the original J 7
)
transcript for the file of the Commission. ! 8 9 _ James R. Burns, Jrc. 10 Official Reporter - Typed 11 r i 12 lAAAA ' J 13 Officia Reporte - Signaturi 14 15 le 17 18 19 , 20 21 l 22l f, 22 i i (' 2s 23 f
/
r l . 8 CIRI!?!CAII 07 P E O CIID :::G s 1 1 1 ; I l This is :o certify tha: the a : ached proceedings before :he 2I I
- NRC COMMISSION 3'
In the matter of: TEXAS UTILITIES EI2CTRIC COMPAh"I, et al
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t Date of Proceed 1'ng: Wednesday, July 25, 1984 5: l Place of Proceeding: Glen Rose, Texas 6i were held as herein appears, and that this is the or.ginsi 7
- ranscript for the file of the Commission.
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, This is to certify : hat the attached proceedings before the 1 2!
NRC COMMISSION f i 3l l l In the matter of: TEXAS UTILITIES ELECTRIC COMPANY, et al dI . ) I Date of Proceeding: Wednesday, July 25, 1984 5. l Place of Proceeding: Glen Rose, Texas 6' were held as herein appears, and that this is the original 7 transcript for the file of the Commission. 8 9 Sandra Harden 10 Official Reporter - Typed 11 0 13
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GOVERNMENT ACCOUNTADIUTY PROJECT } 1555 Connecticut Awnue. N.W., Suite 202 Woshington, D.C. 20036 (202)2324550 March 6, 1986 Victor Stello Executive Director for Operations i U.S. Nuclear Regulatory Commission FREEDOM OF INFORMATION I Washington, D.C. 20555 ! ACT REQUEST APPEAL OF FOIA # 84-778 14
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Dear Mr. Stello:
)
l This letter is an appeal, pursuant to subsection (a)(6) of l the Freedom of Information Act as amended (5 U.S.C. 552), of the i effective denial of the Commission to release documents requested ! by the Government Accountability Project (GAP) regarding the i Comanche Peak nuclear power plant. I 1 On October 1, 1984, GAP requested documents relating to l inspections conducted by Region IV into allegations by current or l former employees of Comanche Peak about the stainless steel liner plates of the spent fuel pool, transfer canal, refueling cavity, or any other facility at the plant site, including background records to those inspections or investigations and technical review records generated by other NRC offices. By letter dated j July 2, 1985, J.M. Felton, Director of the Division of Rules and 1 Records, advised that 25 documents were released which were ! responsive to our request and further advised that this matter was considered completed. I We strongly believe that the Commission possesses additional j documents regarding the above-referenced matter and request that ! another search be performed to locate those documents. At a l minimum, we request that you provide information concerning the j adequacy of the initial search, listing all steps taken by your i agency to locate the requested materials. l l We expect your response to this appeal within 20 working I days of your receipt so that we can determine whether to pursue this matter in court. Thank you for your attention to this appeal. Sincere , M Billie Pirner Garde
/ Director, Environmental
/W Whistleblower Clinic o
.s m '* $ UNITED STATES
[ NUCLEAR REGULATORY COMMISSION 5 W ASHING TON, D. C. 20555 l ( *****
/ SEP 2 21986 Ms. Billie Pirner Garde, Director Environmental Whistleblower Clinic Government Accountability Project IN RESPONSE REFER 1555 Connecticut Avenue, NW, Suite 202 TO F01A-86-180 AND Washington, DC 20036 F0!A-86-A-61
Dear Ms. Garde:
This is in response to your letter dated March 6,1986, which the NRC treated as a request, pursuant to the Freedom of Information Act (F0IA), for records that are subject to your previous FOIA request, F01A-84-778, dated October 1, 1984. Specifically, in F01A-84-778, you requested copies of all a records regarding inspections that Region IV has conducted into allegations by current or former employees of the Comanche Peak project about the stainless j steel liner plates of the spent. fuel pool, transfer canal, refueling cavity, I or any other' facility at the site including background records to those inspections or investigations and technical review records generated by other NRC offices. The NRC staff conducted another search for records and located no records on i technical matters in addition to those addressed in 'our July 2,1985, letter responding to F01A-84-778. However, the staff did identify an investigation - report regarding allegations of intimidation of a quality control (QC) inspector at Comanche Peak which may be of interest to you. In light of the fact that the investigation relates to allegations about falsification of records regarding liner plates, we are addressing the rep' ort in this response letter. The investigation was initiated to determine if Brown & Root QC supervisors at Comanche Peak improperly ordered a QC inspector to make late entry sign offs on liner plates inspection travelers using QC acceptance recorded on construction documents made years earlier. The investigation report, case number 4-84-039, is identified on the enclosed appendix and is being released in part. The information being withheld - consists of the names and other identifying information the disclosure of which would reveal the identities of confidential sources. The information is being withheld from public disclosure pursuant to Exemption (7)(D) of the F0IA, 5U.S.C.552(b)(7)(0),and10CFR9.5(a)(7)(iv). The releasable portions of the report are being placed in the NRC Public Document Room located at 1717 H Street, NW, Washington, DC 20555, in file folder F01A-86-180 in your name. ( p-Q g y j Q fI-'%' l V 3
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'i Ms. Garde Pursuant to 10 CFR 9.15 of the Comission's regulations, it has been determined I that the information withheld is exempt.from production or disclosure'and that I
its production or disclosure is contrary to the public interest. _The person responsible for this denial is Mr. Ben B. Hayes, Director, Office of l Investigations, i This' denial may be appealed to the Secretary of the Comission within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Secretary of the Comission, U. S. Nuclear Regulatory Comission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."- In light of this response, no further action will be taken on your April 7, 1966, letter appealing our lack of response to this F0IA request., Sincerely, 44ff/ f. .: & Donnie H. Grimsley, Director Division of Rules and Records Office of Administration
Enclosure:
As stated i I I i b_ .. _ . . _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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i Appendix 1 l Comanche Peak: Alleged Intimidation of i Quality Control Inspector (4-84-039) (re: F01A-86-180)
.l. Investigation Status Record (1 p.) Portions 70 ,
1
- 2. Investigation Status Record (1 p.) Portions 70 ]
- 3. Investigation Status Report (1 p.) Release
- 4. Investigation Status Report (1 p.) Release
- 5. Memo from Hayes to Martin dated 8/28/85(22pp.) Release
- 6. Report of Investigation, 4-84-039 (23 pp.) Portions 7D
- 7. Memo-from Griffin to Herr dated 10/31/84 (2 pp.) Release
- 8. Transcript of Interview with Named Individual (105 pp.) 70
- 9. Transcript of Interview with Named Individual (31 pp.) 7D
- 10. Transcript of Interview with Named Individual (91 pp.) 7D
- 11. Transcript of Interview with Named Individual (7 pp.) 7D
- 12. Report of Interview with Named Individual (1 p.) 7D
- 13. Report of Interview with Sam Bell (1 p.) Release
- 14. Report of Interview with Billie Ray Snellgrove (1 p.) Release
- 15. Report of Interview with Named Individual (1 p.) 7D
- 16. ReportofInterviewwithDonVogt(2pp.) Release
- 17. Report of Interview with Named Individual (1 p.) 70 ,
! 18. Report of Interview with Named Individual (1 p.) 70
- 19. Review of Testimony of Named Individual (2 p.) 7D
- 20. Transcript of Investigative Deposition of Named Individual 7D (76 pp.)
- 21. Report of Interview with Named Individual (2 pp.) 70 l
l 22. Report of Interview with Named Individual (1 p.) 7D l
- 23. Transcript of Investigative Interview of Named Individual 70 (45pp.)
L .. -
APPENDIX (cont'd) (re: F01A-86-180)
- 24. -Report of Interview.with Named Individual (1 p.) 70
- 25. DepositionofNamedIndividual(79pp.) 7D
- 26. Transcript of Investigative Deposition of Named Individual 7D (64 pp.)
~27.. Comanche Peak Safety Evaluation Report..pp. 0-199 Release through 0-207 (9 pp.)
9 I L}}