ML20236E738
| ML20236E738 | |
| Person / Time | |
|---|---|
| Site: | Harris, 05000000 |
| Issue date: | 12/04/1985 |
| From: | Bradley Jones NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Vorse J NRC OFFICE OF INVESTIGATIONS (OI) |
| Shared Package | |
| ML20236E515 | List: |
| References | |
| FOIA-86-596, FOIA-86-793 NUDOCS 8710290334 | |
| Download: ML20236E738 (89) | |
Text
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MEMORANDUM FOR: James Y. Vorse, Director, Office of Investigation.s Atlanta Field Office FRON: Bradley W. Jones, Regional Counsel
SUBJECT:
Alt,EGATIONS OF PATTY MIRIELLO
\
l I understand that your office has had contacts with and is reviewing allegations by Ms. Patty Mirielte. I have recently received a copy of the transcript containing Ms. Miriello's testimony at the Shearon Harris Drug hearing. I am enclosing those pages with this memorandum for your information. I particularly draw your attention to pages 9132-9147. On those pages, the Licensing Board i reauested that the NRC treat certain new allegations raised by Ms. Miriello in our i usual fashion. I understand that Ms. Miriello has been reluctant to speak to 01 l or anyone else from the NRC, but you may want to check to determine if her l testimony raises issues not given to you in your earlier conversations with her.
Of mh. L. "? EY
.q Bradley W. Jones
Enclosure:
Harris Transcript Pages 9082-9160 cc w/o enc 1:
C. Barth, ELD J. Moore, ELD -
bec w/ enc 1:
B. Urye, IAC T. Nash, IAC L. Robinson, 01
- e A n n / b '2 'h b -
8710290334 871028 PDR FOIA EPTING86-596 PDR Information in this record was deleted in accordance with the Freedom of Information Act, exemptions 4 FOIA. W4 ~ f 96 + V4 - 7 yg hn
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-m. 17 i; y ., -
9082
.:-1-JocWal b 1
i JUDGE KELLEY: Mr. Eddleman is distributing-2 his motion for In-Camera hearing, and pursuant to the ruling ,
3 we just mads, this- will be held under protective order, 4 or at least.pending disposition of ruling on the motion, .l 5 and we will consider what further steps are appropriate.
4 (Mr. Eddleman passes out document.)
ii 7 It appears we are about ready to go to the j 8 Interveners direct case. May I just ask once more, l 9 if the subpoenaed witnesses that we anticipated being here l l
10 today, are they all on tap? i 11 MR. RUNKLE: The Sheriff's Department should be 12 here by ten o' clock, so I fully asepect them to be, here on l 13 time.
14 JUDGE KELLEY: Your people, Mr. Cole?
i ,.
15 ! MR. COLE:
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Should be here by ten o' clock also, l
.- l 16 sir.
I JUDGE KELLEY: Fine. Okay. Anything else before i 17 l'
, is we go to Mr. Runkle, or his first witness?
19' f Okay, Mr. Runkle.
20' , MR. RUNKLE: Yes. For the Conservation Council *
, 21 of North Carolina, we would like to call our first witness, '
22 Patty Miriello.
l
.23 JUDGE KELLEY: Fine. l t
24 Whereupon, :
i sesrw neemn. Inc. .
25 PATTY MIRIELLO, t
? 'h 3 . -
2-2-JoeWo1 9043 i was called as a witness on behalf of the Interveners, and I 2 having first been duly sworn by Judge Kelley, testified 3 as follows:
]
XXX INDEX d' DIRECT EXAMINATION
- 3 SY MR. RUNKLE:
g Q Ms. Miriello, will you state your name and address y for the record? -
8 A HY name is Patty Miriello.;
. . l 10 0 Did you file testimony in this matter, a document 11 entitled: Testimony of Patty Miriello for the Conservation 12 Council on contention WB-3, Drug Abuse During Construction?
13 A Yes, I did.
14 (Mr. Runkle approaches the bench and parties is to show a document.) .
le Q Ms. Miriello, I have handed you a' copy tha is 17 marked to reflect the stipulations that was antered into 1 18 about eleven osclock yesterday morning. Can you review 19 that document and see if it is so marked?
20 .. A It certainly is.-
1 21 Q Is it your understanding that your testimony l 22 on the stand today is to reflect the stipulation that l l
23 was entered into yesterday?
24 A Yes, I do.
M seconm, see.
23 Q Is your testimony to reflect the stipulation of
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- !-3-JocWal .
9084 1 yesterday true and correct to your knowledge and belief? ,
2 A Yos. j i
3 MR. RUNKLE: I would then move to enter the 4 testimony of Patty Miriello into the record.
l 3 JUDGE KELLEY: No objection.
l 4 MR. BARTH: No objections from the Staff, Your y Honor.
3 MR. HOLLAR: No objections.
)
9 JUDGE KELLEY: Mot' ion granted. Testimony is admitted.
to 11 (Prefiled testimony of Ms. Miriello follows.) I 12 13 ;
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September 23, 1985
- UNITED STATES OF AlfERICA NUCLEAR RECULATORY COMMISSION i BEFORE THE ATCHIC SAFETT AND LICENSING BOARD In the Matter of- )
)
Carolina Power & Light Company ) Docket No. 50-400 OL and North Carolina Eastern ) i Municipal Power Agency )
)
(Shearon Harris Nuclear Power fla=H )
- M TESTIMONY OF PATTY MIRIELIA.FOR THE CONSERVATION COUNCIL ON CONTEffrION WB-3 (DRUO ABUSE DURING CONSTRUCTION) 4 4
e 4
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- 4
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q: What is your naaet A My name is Patty Mirtello. ,
i Q: What is your address?
As-Q: Rave you ever worked at the Shearon Barris Nuclear plant? If se, in what capacity and for how long?
A I was employed by Nuclear Energy Services of Danbury, Connecticut, which was a contractor for Carolies Power & Light and also amployed by Carolina power & Light. I worked at the Harris plant froe April 1984 through August 1985. I was as an engineer in in-service inspection which is involved in inspecting safety-related piping welds and other components.
- Q: Eave you had any other education or experience.with nuclear power plants? If so, please describe.
A Tes, prior to my esployment at the Barris plant, I was an. engineer with EC&C of Idaho, a DOE contractor, and worked at the Three Nile Island plant in accident investigation and data analysis. I have an M.S. in c
Ceramic Science which was funded through a nuclear waste nanagement traineeship with Dot. I as currently finishing my M.S. in Nuclear Engineering at North Carolina State University.
Q: Are you familiar with the Conservation Council's contention W3-3 (Drug Abuse Duri+ng Construction) in the Operating Licenen proceedings for the Barris plantt l
As Yes, it deals with the drug abuse at the plant during constru'etion and the resulting safety-related issues. l 1
pe,< io g ,
As.bh V- Qt While you work . at the Harris plant, did you
, cies cny drug cbuse by any of the workers, inspectors, or sansgement at the plant?
At Tes, by various personnel employed by Coats Inspection of Richmond, California, and others. 'i l
Q: Please describe the drug activities of Conam Inspection personnel l and their inspection activities.
At From July through November 1984, eddy current data at Harris was i obtained by Conaa personnel.I have seen deal or use cocaine. On one-occassion I witnesse f Conaa purchase several grams of '"
cocaine fr also of Conaa, at the Mission Valley Inn in?
, t; y Raleigh and then proceed to use. PA alleged that other persons i
1:
employed in the Conam organization also were ~asing drugs, includin and others. These people were involved in inspdction/ analysis' s of the steam generators at Harris.
In October or November 1984, Conan also. did oddy current work at the VC i
Sumner Nuclear Plant near Columbia, South Carolina, operated by South Carolina Cas & Floctric. aid that one parter to one half a ,
pound of marijuana was brought into the plant in an equipment case or package which was then opened on-site in a Conaa data at.alysis van. The drugs had been flown to South Carolina from Richmond. . California, and were alleged to have beau sent by of Conaa. ..
said drug were routinely shipped to Conas pesonnel.
, q: What is the possible safety significance of gesan personnal's 4,
involvement in drugs? 1 l
At Conam Inspection provides addy current inspection personnel and eddy F l current data analyst personnel to obtain and analyze sesas generator tubing 3
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a .)^ b eegk wA I-at a large number of the nation's operating and construction stage auchear W^F y / t e[s.lgs plants. Steam generator tubing contains the primary reactor coolant which ~
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circulates. in a loop continuously 7 rom core to the steam generator. Eddy j current inspection is a means of fi.iding,any cracks or other indications in the tubing which ;may eventually lead to rupture. When inspectors or analysts are abusing drugs, flaws in the tubing may be missed, calibrations of the equipeent may be off, d9ta r>ay be confused as to its origin or from what tubes it isfrom,andfinallyr.be,Jatasaybemis-interpretedbythe j
/
final anal'yst. If'the tubing ruptures and if enough primary cociant is lost in this way the core may become uncovered and, reactor control may be lose.
This is the type of problem operators are trained to handle, but the operators may not be able to handle deviations from this basic problem.
a l l
Q: Have you witnessed any astser workers at Harris who were involved with) drugs?
A:i Yes, on one occasion last October, when I arrived at work ta the morning .k observed seven or eight construction workers up on the boihrs obviously smokinE sarijuana. This was in plain v'inu of the administration building.
Additionally, when I walkad through the Daniel parking lot I could smell marijuana at least three or four days a week, especially at lunch time
/ or er ud shift changes. I am sure that the Wac'nIhut Security guants at
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l the gata could verify this. -
FA.-
/
Q: What are the deficiencies in CF&L's drug testing prograaf 3 A: If a worker has ,vorked for CF&L, Daniels, or any of the other
\
contractor, for three years or more, he er she does not have to take a urina j test. These tests are also taken at the worker's own doctor's office or ;
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'! - elini'c" cad ts thi tesse cre oSten scheduled two v2eks in advance, it is -
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possible to substitute urine. ' his was commonly known at the plant as the y best way to pot around the larine test for drugs.
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Trom what I..havs seen of the company's use of drug dogs, they were noe g ,/
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l used offactivelys. for Weaple, in the sprird of !1985 I was entering the N s
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f N l site late one'tsorr:inglthrough the CML entrance dear the cooling tower when tj i
I u,w the_ dru's og 1H ns foad in full rir of chciconstructi'an
,) ' workers 1o <
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- .h waar the diesel generat$r butiding and 15tfs(tork$N; in all the trailers
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I near the coeling tower. .
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Ar.othbettersatrancelorthedogwouldhavebeef
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s .g through the ve'ceiving warehouse gate where.caly 4 few people could harei n an V <
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the dog ard <,these
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i wou'4 have been CP&L espicyear+ Inorderto,stop r
4 the des esv)'d be place (raudomipet cha entrances and have it sniff wurkers i' lunch bou /, brief cas'es, and other belongings. As soon as a drug dog is i 1
spotted being taken out of the ' truck, the news is .mpread across cbs site in
' q t a few minutes by.vged of acuch. .
i l
6 e
anaakins w Qt Have you raised any safety-related issues' c.oncerning drug abuse at 45W )
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che Rarris plant before this hearing? If so, wheVird with 6;s{ f y At Last Noven'apr I brought to my supervisor's attention the need to
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recheck steam puratur data supplied by sconam at) thers(appeared to me to be
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t, mistakes in it.
Around November 25, when n)othing\ had been done I went to l
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the Federal Bureau of Investigation with sy e.'encarns about} Conas and drug abuse. This past August 15th or 16th, I contactsd 'the' $ text Nreau of i Investigation with my concerns 'about '
drug obese at the Urris sitt. During
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' the ascond week in September i us in;ervi (pd. byl members of the Nucles, Regraf tory Comatiatea staf f about av allegatio*.4 3 ,
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Q: Fron 'your observations, is ?d rug abuse at the Harris plani l
.videspread? < i 1- i f
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l At Yes, drug abuse r
is widespread throughout the Daniel Construction k i
company and Carolina Power & Light at the Barris plant. '
Q: Does crit conclude your testimony?
As Yes it does.
G M
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2-4-Jo;Wo1 9085 1 MR. RUNKLE: We would also request that the l
, . 2 testimony be bound into the record as asked and answered. 1 1
3 JUDGE KELLEY: Yes, j 4 MR. RUNKLE: This witness is ready for cross-l 5 examination.
i 6 JUDGE KELLEY: Thank you. Mr. Baxter? Or Mr.
7 Hollar.
.2.. . 3 MR. BOLLAR: Thank you, Judge Kelley. Before 9 I get into the cross-examination, just as a matter of l
10 efficiency, I would like to have the documents that were 11 distributed yesterday ' marked for identification. l l
12 JUDGE KELLEY: Fine. !
13 MR. HOLLAR: The first document --
14 MR. RUNKLE: Excuse me counsel, but do you have -
i 15 another set of those?
16 MR. HOLLAR: I think we do. Do you have tlia l 17 copies in front of you, Mr. Runkle? !
l 16 MR. RUNKLE: Yes, I do.
l 19 MR. HOLLAR: We would ask that the first document, {
20 which is entitled, Employee Exit Questionnaire, signed by l
21 Pa.ty S. Miriello and dated 2/19/85, be marked as Applicants' ;
22 Exhibit No. 41.
23 JUDGE KELLEY: Let me just be clear, Mr. Hollar. -
24 I thought that these documents that were distributed yesterday l
% . Reperwes, Inc, j 25 were contemplated for use, or possible use, in cross- i
, l
.k.5-JosWol 9086 i examination, and I understand why we might want to 2 identify them just for clarity. .
\' .
l 3 But.do you contemplate offering them as evidence? jl l
4 , MR. HOLLAR: Your Honor, I think we will probably l 5 not 'of for them as evidence, but for clarity I just wanted 4 to have them marked.
7 JUDGE KELLEY: This is only identification. ,
.g MR. HOLLAR: That is right. i 9 JUDGE KELLEY: ,kay, O go ahead. i i
30 MR. HOLLAR: Now --
l 11 JUDGE KELLEY: So you are offering the exit 12 interview as 41?
13 MR. HOLLAR: Yes.
14 JUDGE KELLEY: I,t .is marked as 41 < I j
l , ?
X INDEX 15 [ (Above mentioned document is 16 . marked as Applicants' Exhibit 41 17 j for identification.)
14 MR. HOLLAR: As Applicants Exhibit No. 42, we {
19 ;; ask that an 18 page letter, dated August 9/10, 1985, to i L I
20 Mr. M. A. McGuffie, and as attachments the two unnumbered n
21 pages and a four page memorandum be marked as Exhibit No.
22 42. ;
i 23 JUDGE KELLEY. You said to Mr. McGuffie. From 24 Ms. Miriello?
% mere Meowers,sas.
- 25 MR. HOLLAR: From Ms. Miriello. l l
l :
i
ly 9-2-6-JoeWc1; 9087-1 JUDGE KELLEY: Okay.
I L-Xm. INDEX 2 (Abovel mentioned document is 3 marked Applicants' E'xhibit No. 42, -
4 for identification.)
5 MR. HOLLAR: ' As Applicants' Exhibit 43, we 1
6 ask that a two page letter to M.; A. McDuffie, 'from Patty 7 Miriello, dated August 12, 1985, to which is attached a i s resume of Patty S. Miriello, be marked for identification.
9 JUDGE KELLEYr. . As 43. I l
10 MR.-BOLLAR: 43. )
11 JUDGE KELLEY: Right.
1 i
XX INDEX 12 (Above mentioned document is 13 marked Applicants' Exhibit No. 43 14
'for identification.)
15 MR. HOLLAR: As Applicants' Exhibit 44, we ask 16 that the Affidavit of Patty Miriello, dated September 6, i
17 1985, be marked for identification.
18 JUDGE KELLEY: Right.
XX INDEX 19 (Above mentioned document is 20 3 marked Applicants ' Exhibit No. 44 I 21 for identification.) ,
1 22 MR. HOLLAR: And' finally,asApplicants' Exhibit 45!
23 we ask that the Conservation Council's Supplement to 24 Discovery Requests, also dated September 6, 1985, be marked on naamm. Ine.
25 for identification, s
I
^
,. 1, 1
JcOWal -
9088 l 1 JUDGE KELLEY . Yes.
XX INDEX- 2 (Above mentioned document is marked j ;
3 Applicants' Exhibit No. 45, for 4
identification.)
5 MR. BOLLAR: Thank ou. '
i X INDEX- 4 CROSS-EXAMINATION 7 BY MR. HOLLAR: i i
8 Q Ms. Miriello, I have a few questions for you. I 9
I don't have a ' lot of queations, because most of your i 10 testimony has been striken per our stipulation yesterday.
11 MR. RUNKLE: Excuse me, Mr. Rollar, can you 12 talk a little closer to the microphone, I can barely hear ;
13 you.
14 MR. HOLLAR: Sure. Is that better Mr. Runkle?
I 15 MR. RUNKLE: You still have to talk louder. I am , j 16 sorry. '
17 MR. HOLLAR: Okay. I thought I was talking 18 pretty loud. -
19' MR. RUNKLE: All right. That is fine.
20' "
BY MR. HOLLAR: (Continuing) 21 Q Ms. Mir'iello, just as a matter of background, ,
t 22 who is 'your presenti employer? .
l i
23 A I am afraid to disclose that because of retaliation; i 2'
eeww no.<w , nas. MR. HOLLAR: Your Honor, I would acve to 25 l direct the witness to answer the question, please?
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2-8-Jo3Wal '
11 ' JUDGE KELLEY: Can you indicate, Ms. Miriello, 2 .some basis for your fear of retaliation?-
3 WITNESS MIRIELLO: .Yes, I can. -CP&L has a. lot 4 of connections in Raleigh, and a lot of affiliations with I
-3 different businesses, and I do they have business with the 6 company I presently' work with.
7 I could lose my job over this.
3 JUDGE KELLEY: Is the retaliation concerned 9 here of your loss of your job?
10 WITNESS MIRIELLO: Correct. My current. job.
11 MR. BOLLAR Your Honor, I would point out that 12 Ms. Miriello is participating in an open hearing, and there ]
13 -- it has been extensively reported in ' the press in this 14 area for the last few weeks.
15 If her employer doesn't know about i.t by now, 16 perhaps he doesn't read the papers.
17 JUDGE KELLEY: Mr. Runkle, any comment?
18 MR. RUNKLE: Yes, sir. Just my first comments 19 is that is' really beyond the scope of her direct testimony, 20
, greally doesn't go into any matter that would influence 21 the outcome of this hearing. 1 1
End 2. 22
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I 23 1 1
24 i
w>A ng.nws um j 25 I
i 1
J. i, 9090 Sist.3-1. j JUDGE KELLEY: Excuse me. Am I just misrecollecting-
-that'there is no reference in the testimony or the affidavit 2
f Ms. Miriello of her current employer?
3 4
MR. RUNKLE:
No, sir. We would at this point stipulate that it is not with CP&L and it is not in any 3
nuclear p wer gerating utility.
6 7
JUDGE KELLEY: I would just ask from Mr. Hollar g why is this imp'ortant from your standpoint?
,, MR. HOLLAR: Your Honor, we would be happy if she 10 w uld simply tell us what her job is and the length of time 11
.she has been employed.
12 JUDGE KELLEY: Could you say what it is you do and l l
13 how long'you have been employed, Ms. Miriello? l
. )
34 THE WITNESS: At the pre'sent I could say that I am 15 a graduate student, which I am.
16 JUDGE KELLEY: Are you employed at the present. time, j7 Ms. Miriello?
jg THE WITNESS: Yes, I am.
j9 JUDGE KELLEY: other than being a graduate student?
THE WITNESS: Yes, I am.
20 JUDGE KELLEY: What is the nature of the work?
21 THE WITNESS: Security work.
22 JUDGE KELLEY: I think, Ms. Miriello, we might feel 23 24 that you should give more detail, but I am not clear that A . .i h,., m. inc. i 25 Mr. Hollar needs very much more than what he has got, unless
- 8 W 9091'
, .Sim 3-2 thoro is something that is missing, or that I am missing.
s I Do you need further information, Mr. Hollar?
MR.-HOLLAR: No, Your. Honor. It was intended to 3
be_a.very innocent question.
4 JUDGE KELLEY: Just go ahead.
5 BY MR. HOLLAR:
6 Q Ms. Miriello, is it true that you were employed 7
by Carolina Power and Light Company ht the Shearon Harris 8
plant between February 1985 and August 30, 19857 19 .
A Yes, it is.
- 10 Q Is it correct that your job title during that 11 -
t time period was radiation control technician, level II?
12 JUDGE KELLEY: Excuse me just a moment. This is
. 13 I think the worst we have had in terms of competing noise.
14 Is it bothering you, Ms. Miriello, or is it not?- 'I. guess 15 the witness and the quotioning counsel are my primary concerns. .
16 THE WITNESS: No, I am accustomed to a lot of 17 static.
18 JUDGE KELLEY: Mr. Hollar? We might ask them to 19 turn it down.
20 J4- MR. HOLLAR: It is a little distracting, but it is 21 not that big of a problem.
22 '
JUDGE KELLEY: Well, let's go ahead then. Proceed.
23 .
BY MR. HOLLAR's 24 6=# fg=awshc Q Ms. Miriello, did you answer the last question? Was 25 \
1
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your; job title while'you were employed by CP&L at Shearon !
2 Harris radiation' control technician, level II?
3 A Ye's, it was. l 4 Q.
While you'were employed by CP&L, Ms. Miriello, 5 did you sent two letters to Mr. M. A. McDuffie, CP&L's Senior 6 Vice President?-
7 A I turned in a grievance.
8 Q That was not my question, Ms. Miriello.
p A '!
That is what that is,. Those two letters are part 10 of a grievance.
11 Q Can you answer the question yes or no?
12 A Yes, those two letters are part of a grievance, and 1 13 yes, I did.
14 Q Turning your attention to the documents that have 15 been e.arked as Applicants ' Exhibit 42 and Applicants' Exhibit 16 43 --- '
17 MR. RUNKLE: Counsel, I think you need to give her
{
13 those d:cuments. i
)
19 JUDGE KELLEY: i Could we provide the witness with 20 copies. I assumed she had ene.
21 MR. HOLLAR: Your Honor, we handed the documents out 22 yesterday, but I believe we do have an extra set. -
23 (The documents were handed to the witness.)
24 THE WITNESS: Are they marked?
w a.p.n.,i, inc.
Which is 42 and 25 which is 417 s
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s093 Sim 3-4 i JUDGE KELLEY: Could you give the references to 2 the witness?
3 MR. HOLLAR: Certainly.
1 4 JUDGE KELLEY: The two letters are 42 and 43, are l I
5 they not?
6 MR. HOLLAR: Yes.
l 7 JUDGE KELLEY: And which is which?
8 MR. HOLLAR: Exhibit 42 is the August 9/10 letter, j l
9 Exhibit 43 is the August 12, letter.
10 JUDGE KELLEY: Okay.
11 THE WITNESS: Okay, I l
12 BY MR. HOLLAR:
13 Q Ms. Miriello, are these photocopies of handwritten 14 letters that you sent to Mr. M. A. McDuffie? ,
i 15 A Yes, they are.
16 Q I would like to turn your attention to page.5 l 17 of the August 9/10 letter, Exhibit 42.
18 MR. RUNKLE: At this point I would like to objec't.
19 I have let this line of questioning go on for a while, but 20 I fail to see the relevance of these questions as it relates l
b'd l 21 to her testimony. ,
'l 22 JUDGE KELLET: Could you connect it up, Mr. Hollar?
23 MR. HOLLAR: Yes, Your Honor. These are letters 3
24 that Ms. Miriello sent to a senior executive of CP&L within A ) hp.nm. k 25 three weeks prior to the time that she produced her affidavit
i ,
sia 3-5 Conservation Council.
i for the JUDGE KELLEY: Yes.
2 MR. HOLLAR: They shoe her interest and her motiva-3 1
4 tion in becoming involved in this proceeding.
I 5
JUDGE KELLEY: The portions of your letters that I 6 you are going to focus on, in your view,.will show that?
7 MR. HOLLAR: Well, the letters in their entirety g demonstrate that there are only a couple of short passages 9 that I intend to refer to specifically.
10 JUDGE KELLEY: But just so that we understand and 11 the record is clear, in bringing out the letter, the letter, ,
l 12 in your view, goes to credibility and it does not go to any 13 particular statement in the testimony; is that right?
14 MR. HOLLAR: That i's correct.
15 JUDGE KELLEY: Okay. So that is the thrust of 16 Mr. Hollar's purpose. ,. j I
17 Mr. Runkle? j l
18 MR. RUNKLE: Well, we would still object. I don't I 19 think that the motivation of a witness for coming forward j 20 and testifying is a matter for any cross-examination.
T&,..
~
21 MR. HOLLAR: Your Honor, I am ---
1 l 22 JUDGE KELLEY: One at a time, gentlemen. We will !
23 hear each side.
l 24 MR. HOLLAR: Your Honor, I cannot hear him. I am l .A rot ne kw., .
25 having a lot of trouble with this now.
~
9095 JUDGE KELLEY: I can understand that. We are going 1
, to have to take.came of that.
2 i MR. RUNKLE: Sir, the point was that the motivation '
3 of our witness to coming forward with this testimony should - l 4
not. be a ' matter- for cross-examination, and really it bears.
.nothing-to the matters that'we are h,aving a hearing about.
6 We have not questioned any of the other witnesses 7'
about' their motivation for coming forward, and it seems to 8
us irrelevant the reasons why a witness would.come forward and make statements that a witness has made in their testimony.
10 JUDGE KELLEY: Are you arguing that we can't go into 11 the credibility of a witness at all?
12 MR. RUNKLE: No. I'am saying if you look at this 1 13 witness and this witness' testimony, credibility should not 14 play a part in this testimony, 15 JUDGE KELLEY: Why not? Mr. Runkle, for heaven's
'16 sakes, the witness is saying I saw this'and this and this, and 17 maybe she is right and maybe she is not right. But she is 18 certainly making affirmative statements within the contention.
19 And the idea that you can't atta:k the credibility of a witness 20 .y is to me startling. I thought the thrust of Mr. Hollar's 21 coment -- well, we will get back to Mr. Hollar.
22 But if your proposition is that the credibility 23 of a witness is not a subject of inquiry in this hearing, then
- 24 W 8W* you are not correct.
25
9096 Sim 3-7 -1 Why do you think we talk to these experts at l 2 such great length and say how many undercover investigations 1 1
3 did you have? You had questions of that at some length 4 the other day trying to find out if these witnesses knew 1
5 what they were talking about. This is in the same vein l l
6 I gather. )
7 MR. RUNKLE: No. Those questions about the j 8 expertise and the credibility of the experts that have come i
~
9 forward and made opinions I think is substantially different i
10 from question the motivation of a volunteer witness, to 11 question the motivation of that witness for coming forward 12 and testifying.
13 JUDGE KELLEY: What is the difference between a 14 voluntary witness and any other witness in terms of 15 credibility?
16 MR. RUNKLE: We are going not towards credibility.
17 We are going towards the motivation for coming forward with 18 testimony in this proceeding.
19 JUDGE KELLEY: Well, Mr. Runkle, motivation can 20 hav# a great deal to do with credibility. I might ask 2I Mr. Hollar to expand on that.
22 Your objection seams to be so far that you can't 23 go into the motive of a . witness and that you can only 24 talk about the very things that they have said in their
-e .i n.p.am, inc.
25 direct testimony and that is not right. So we will pass
-9097 cia 3-8 3
that~one.
4 l 2 Mr. Hollar, could you expand a bit on your 3
appr ach here. We have established, I believe, that the 4 approach is not to quarrel with any particular line or 5 sentence of the substance of ~ the testimony, but 'rather to 6 quarrel with the witness' possible bias or motive in 7
making the statement; is that correct?
ond sim 8
Sua fois 9 '
10 11 12
, 13 14 -
15
~
16 17 18 19 20 ,.
.?
21 22 i
l 23
% Reporters, 8%
- s. .' 25 s
~
9098 P4-1-SueW t MR. HOLLAR: Yes, that's absolutely correct, Your 2 Honor. We feel the fact that the witness sent these two 3 letters and then subsequently became involved in this pro-I) 4 caeding and brought certain allegations against Carolina
$ Power and Light Company and other persons, that has a direct 4 bearing -- or, the letters have a -direct bearing on her 7 credibility, i 8 JUDGE KELLEY: All right. Proceed. i 9 BY MR. HOLLAR: (Continuing) -
j ii 10 Q Ms. Miriello, I would again like to -- 'l 1
11 JUDGE KELLEY: May I just add one thing?. Yester-l 12 day's entire discussion, the whole stipulation, had to do 1 i
13 with probing into the personal life of witnesses which the 14 Board did not wish to do, not just wish to do but felt under 15 ' the applicable legal principals we weren't necessarily 16 required to do. l 17 That all ended up in a stipulation. We certainly 18 did not establish by that whole discussion that credibility 19 was not part of this case. It is.
I 20 ' # At the election of counsel, if you want to get i 21 into credibility, you can do that. Go ahead. -
24 Mr. Miriello, I would refer you to Page 5 of Q
% neo nm, ine.
25 your August 9-10 letter. Are you there? f i
9099
'44- hsuew 1 A I certainly am.
2 Q In the first paragraph at the top of the page, 3 there is a section that begins with, "The man who was my 4 CP&L supervision..."
5 Do you see that? I 1
4 A No, I don't. Could you be clearer?
7 Q Yes. "The man who was my CP&L supervision while 8 I worked at NES at Harris was Mr. Tom Brombach."
i 9 A Uh-huh. I 10 Q Do you see that?
11 A Uh-huh. l f
12 MR. RUNKLE: Please state yes or no for the '
l' 13 record.
14 WITNESS MIRIELLO: I'm sorry. Yes, I do.
l l 15 BY MR. HOLLAR: (Continuing) 16 Q Would you read the remainder of that paragraph, 17 beginning with the sentence that begins, "The man who...?"
18 A "The man who was my CP&L supervision while I 19 worked for NES at Harris was Mr. Brombach. He was fair.
20 He'never accused me or considered me guilty without at least 21 asking me what happened and why." Which is true.
22 However, the way he conducted business was often 23 different. He was fair in personal relationships. .
i 24 That's --
Q M Reconers, Inc.
23 JUDGE KELLEY: I'm sorry. Excuse me. I am
9100
> .- 3-S ueW ~ i following on. my copy and I don't --
2 BY MR. HOLLAR: (Continuing) 3 Q Hs. Miriello, I asked you to read the paragraph.
4 I didn't ask for a commentary.- !
, 3 A Ch, I'm sorry.
4 JUDGE KELLEY: Could we do -- could you read t
7 that portion again, and then we will have it clear?
g WITNESS MIRIELLO: "The man who was my CPfrL 9 supervision while I worked for NES at Harris was Mr. .
. t to Brombach. He was fair. He never accused me or considered 11 me guilty without at least asking me what happened and 12 why." .
l 13 BY MR. HOLLAR: (Continuing) 14 Q There is one more sentence. !
15 A " Tom Brombach is honest." '
16 Q Ms. Miriello, at the time that you wrote that.
17 statement, did you believe that to be a true statement?
Is A I thought at the time -- ,
19 0 Yes or no.
., A At the time, I thought it was. But I found out 23 l 21 now that it wasn' t. .
22 Q Ms. Miriello, I would like to also turn your ;
i 23 attention to Applicants' Exhibit Number 43. The paragraph l 9
24 at the bottom of the page, Page 1, would you please read h Reserwe ins. -
g 25 that paragraph into the record, please?
l t 1
, 9101
' 04 :(,-Suew 1 A Where=it starts with "However," or am I on 2 the wrong'--
l 3 Q . I believe you are on the wrong document. - This- -
4 is your August 12 letter, Page 1.
5 A okay. "If..." It begins with --
4 0 Yes.
1 A "If force'd to quit or fired, I- have nothing to E
8 lose. Therefore, if _ I must leave commercial nuclear ' power l 9 due to this type of discriminatory situation or feeling as 10 a woman I am not being allowed to participate as men do 11 at the Shearon Harris plant, then I will put my intelligence e
12 to use stopping a male chauvinistic enterprise. I will 13 use my knowledge as a means of intervention."
14 Q Ms. Miriello, is that a statement that you made -
15 or, a statement that you wrote to Mr. McDuffie?
16 A It's there in the letter, isn't it?
17 Q Yes or no?
)
18 A Yes. -
19 Q Thank you. Ms. Miriello, prior to your employ-20 ment. by Carolina Power and Light Company, were you employed 21 by Nuclear Energy Services at the Shearon Harris plant?
22 A Yes, I was.
23 Q Was that entpigyment approximately from April of 24 ' 84 to February of 19857 sh Aesorws, ins.
25 A Yes , it was .
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 'l
9102
- {
', .-5-SueW I Q Was your job title data-controller? {
2 .A It was engineer on my salary sheet.
3 Q Is it'true that your salary scale was as an 4 engineer but your job function was as a data controller?
5 A No. My job function was both as an engineer 1
6 and as a data controller. I controlled writing non-conformaned 7 for in-service inspection on piping in addition to data 8 control.
9 Q Ms. Miriello --
10 JUDGE KELLEY: Excuse me. Let me just check.
11 Is that light bothering you?
12 WITNESS MIRIELLO: Oh, no.
13 JUDGE KELLEY: Okay. All right, go ahead.
14 -
BY MR. HOLLAR: (Continuing) 15 Q Ms. Miriello, at. the time you left NES and became 16 a CP&L amployee, did you go through the quality check 17 program at the Shearon Harris plant?
18 A Yes, I did.
19 Q I would like to turn your attention to the docu-i 20 menk that has been marked as Applicants' Exhibit Number 41 21 entitled, " Employee Exit Questionnaire."
22 Is that a document that was --
23 MR. RUNKLE: Excuse me. I must object at this 24 point to stop this line of questioning. We --
F.eww neoonn inc.
25 MR. HOLLAR: Your Honor, there isn't even a
., t, 9103 64 A Suew. I question pending.:
2 JUDGE KELLEY: Let's get up to a question, and 3 ' then you can come in. !
4 MR. RUN EE: 'All right.
S JUDGE KELLEY: Go ahead.
4 MR. HOLLAR: Thank you.
7 BY MR. HOLLAR: ' (Continuing) '
8 Q Ms. Miriello, is this a questionnaire that was 9 completed and signed by you?
10 A Yes, it is.
II MR. RUNKLE: I would object.
12 JUDGE KELLEY: All right. Let's hear the objectioni 13 Mr. Runkle.
I 14 MR. RUNKLE: Again, this exhibit is irrelevant 15 to the testimony of this witness. ,
i 16 JUDGE KELLEY: Let me ask, Mr. Hol'lar, are you 17 offering this also for credibility rather than direct 18 bearing on the testimony? )
I' MR. HOLLAR: Your Honor, I think we are offering l
20 (('forbothpuproses. Ms. Miriello's testimony, as it stands l 21 now, makes certain allegations abzut events she observed in 22 October of 1984. , j 23 This form was completed subsequent to that..
JUDGE KELLEY: Let me make sure I understand.
25 And so, what follows? This is exit from CP&L, correct? f a
. .. j i
9104 l 7-Su;W 1 MR. HOLLAR: Yes , diat's correct. She, in her ,
2 testimony, says that she observed drug activity in October i l 3 of 1984.
4 JUDGE KELLEY: Okay.
5 MR. HOLLAR: Yet, there is no report of any a quality concern demonstrated in this document which was -
7 signed in February of 1985.
3 JUDGE KELLEY: So, the document that you are 9 referring to is designed in part to elicit reports of -
. 10 problems; is that where you are headed?
11 MR. HOLLAR: Yes.
12 JUDGE KELLEY: All right. How do you respond 13 to that, Mr. Runkle?
14 MR. RUNKLE: It wasn't my understanding from ,
i l 15 testimony by previous witnesses that this kind of form l
16 or this process was to elicit all chservations o'f drug l 17 use on site.
18 It seemed to me it was to be used for safety- ,
19 j related --
JUDGE KELLEY:
~
20 l Are you saying that drug use 1
21 is not safety-related, Mr. RunkJe?
- 22. MR. RUNKLE: If you will look at the testimony, 23 what I think counsel was referring to, the testimony goes ,
24 to observing workers that are smoking marijuana.
eens n mn, i.e.
25 JUDGE KELLEY: Are you going to stipulate out
c -l
.{
9105 04-8-suew. I the use of marijuana at the shearon-Harris site so we can 2 just forget about that? y 3 MR. RUNKLE: No, sir.
4 JUDGE KEI. LEY: And yet you are saying'-- it
's seems to me you are trying -- you'are on both sides of a the street here. Either it's safety-related or it's not.
7 If you are contending it's safety-related, we 3 are treating it as safety-related. We are talking about 9 roaches and all those sorts of things. Then, why shouldn't l l
10 quality check, the question pick up concerns about mari-11 juana?
l 12 MR. RUNKLE: Okay. I will redirect on this 13 question.
14 ;,! JUDGE KELLEY: All right. Go ahead.
15 i MR. HOLLAR: Thank you, i ..
16 ' BY MR. HOLLAR: (Continuing)
Q Ms. Miriello, I would like to turn your attention 17l l!
18 I to Item Number 2 on Exhibit Number 41. Would you please 19 ,' read the question that is identified beside the Number 27 20 j 4A "Have you reported any concerns or allegations 21 in regard to the design, fabrication, construction and test 22 start-up or inspection of the Harris Nuclear Project?"
23 '
Q And did you check the box marke'd "No" beside d
i 2d l -that question?
A,,,, menerwe, inn. -
25 ' A To CP&L, I didn't. But to the authorities, I did.
i 4< 9 9106 ii i l suew I Q Ms. Miriello, the question requires a yes or 2 a no.
3 A No, not to CP&L. i
!l 4 4 JUDGE KELLEY: Well, the question was I think 3 just, did you check the box no?
6 Isn ' t that - . l l
i 7 WITNESS MIRIELLO: Oh, I'm sorry. I did check l
3 the box no. l lI 9 MR. HOLLAR: Thhnk you. ;{
lI 10 BY MR. HOLLAR: -(Continuing) l' I ll l
11 Q Ms. Miriello, would you read the question beside I 12 the Number 3 on Exhibit Number 417 )
,. I 13 A "If you reported concerns or allegations, were t
14 the results satisfactory?" ll l
15 I checked not applicable.
!! l 14 Q Thank you. Finally, Ms. Miriello, would you 17 read the question beside the Number 47 l 18 A "Do you have any remaining concerns or allegations 19 ,. which you have not reported?"
i '
20 1 U$fQ Did you also check the box no there?
21 A I really didn't check anything there.
.. I 22 Q' ' Ms. Miriello, is there not a line beside the 23 box "No?" ,
24 A There's a mark there beside the box but not in it.
Pe==W Moserwe, ins.
25 Q Are you contending, Ms. Miriello, that that line
9107
. j'
, .9 4.-14-SueW 1 was ' not intended to be a "No" . response there?
2 A I'm contending the whole form. It's an exit 3 question there; I wasn't leaving the site.
-4 0 could you answer the question, Ms. Miriello?
5 A It looks like I missed that box.
6 Q Do you think that you intended to mark the box 7 "No?" ;
e A I don't know what I intended. I really didn't
- I 9 care about filling out this form. It's a corporate form.
{
10 I don't remember what I intended there.
i 11 Q What does it look like you intended to mark? ,
l 12 A What does it look like? ;
1 13 0 Yes.
14 A It appears I got close to the "No" box.
15 Q And that you intended to mark the "No" box?
16 A I don't remember what I intended there.
17 Q Ms. Miriello, does it look like from this photo-18 copy that a part of your mark may have extended into the 19 "No" box?
20 'A MR. RUNKLE: I would like to object at this l l l l
21 Point. l 22 WITNESS MIRIELLO: Someone else could have 23 extended it.
24 MR. RUNKLE: This question --
W nesen n, inn.
23 JUDGE KELLEY: I think that's enough on this. I'm l
- 2. 3, .
9108
-ll-SueW- 1 going to sustain the objection.
'l 2 The mark is the mark. We can all read. Go 1 1
3 ahead.
4 BY MR. HOLLAR: (Continuing) 3 Q Ms. Miriello, I would like to turn your attention 6 now to the document that has been marked Appliccants' 7 Exhibit Numbei 44, entitled " Affidavit of Patty Miriello."
3 A I have it.
9 Q Is that an affidavit that you signed on September the 6th,1985 on behalf of the Conservation 10 11 Council? .j ti 12 A Yes, it is. i 1
13 Q Ms. Miriello, in preparing this affidavit, how 14 did you first contact the Conservation Council? ;
.)
15 A I had heard about them during the Su=mer -- no, .l l
during the Spring, and also in In-Service Inspection 16 e Phil 17 Temple, told me about the Interveners and the conservation 18 Council while I worked at CP&L in the In-Service Inspection l 19 Group .
20 And I remembered.Mr. Runkle's name being mention-21 ed, so I called him.
22 Q You telephoned Mr. Runkle? ,
i 23 A Uh-huh. He is listed in the Chapel Hill I
l 24 directory I think.
PaarW momm. ina.
y
. 25 Q Did Mr. Runkle work with you in preparing this !(
l
1 '
.. , , .a
= t,
) i T 9109 .i 4-li-Suew I affidavit?
2 A Most of it I already had in writing, which I h
3 had given to tho'F.B.I. in November of 1984. l Y 4 Q Did you actually write the affidavit, or was 5 it written for you?
6 A No, Mont of it was: taken out of the context of 7 the document I gave te the F.B.I. 'in February -- I mean, >
I 8 in November of 1984.
9 Q Did you revielt the affidavit before you signed 10 it?
11 A Yes, I did. But we missed an error, a typo.
12 Q Ms. Miriello, turning your attention to the ,
13 document that has been marked as Applicants' Exhibit 45.
14 A Which one is that again?
l 15 Q Conservation Council's Supplement to Discovery 16 Raquests.
i 17 (The witness is looking through documents.) l l
18 A I really don' t think I have that one.
19 MR. RUNKLEt I will give the witness one.
20 (Mr; Rankle providos the witness with a paper.)
21 WITNESS MIRIELLO: ' do now. ,
J 22 BY MR. HOLLAR: (Continuing) l 23 Q Ms. Miriell'o, in the middle of the one page l l
24 document, there is a sentence that begins, "Ms. Murrail." l w neoonm, sne.
25 Do you see that?
t
Fr
( ,./ ,
y, 9110 L
I SueW 1 A It looks'like a typo. Yes. ,_,
2 Q That(should be "Miriello," should it tiot? ;
y 3 A Yes, it should. J
,i o 4 Q Would _ you please read that sentence?
5 A "Ms. Miriello contacted us this pst week-6 and and we became aware of details which' have been placed 7 in ths affidavit only in the past two days." I e Q And this document is dated September the 6th; i -
9 is that co$ rect?
10 A Yes. But I had called Mr. Runkle previous to l 11 that and we had discumand things.
12 0. */ The document is dated the Cth? i f I 13 A Yes, it is. l Ms. Miriello, is the "neekend previous to the 14 l Q )
U 15 6th, . the Saturday and Sunday previous to the 6th, would ,
16 that be August the 31st and September the lat? l 17 A Yes, it would be.
18 h Q Does this mean that you contacted Mr. Runkle i C
19 .onr< or two days after the termination of your employment barolinaPowerandLightCompany?
20 wi 21 A -
I think I contacted him before that. I don't j 22 preo13mly remember which days I talked to Mr. Runkle.
23 Q Is Mr. Runkle incorrect? .
24 i A I did contact him as he st'ates in the affidavit.
'ysers neo <wn, sac. -;
25 But I also contacted him I think before that.
________-______-____a
i j
Q
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. gM 3 - g-p ;!iy ;'y Y S* 91 0 g
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+ gg ,
g ,!
j Ms. Miriello, I, would like to again turn your 464-l4-sueW.
m
/[ Q ,' ,
j
- 2 n.bention to your affidavit, Exhibit 44.
> c 3
A I'm at it.
j) i
- /. .Q In the first prragraph of that affidavit l it
+$
.;, t ce
't . \f ;/
3 stacas: "I was f.nployed b[ Nucider Energy Services'."
e ,
/ l 3
'i 0 But there is no mention Of your having been 4
. /,.
...t . .. //
7 employed by Carolina Power and Light Company. 'g I note in
.. '\
g that regard that your testimony ietip. cts that you were also
,),
9 cmployed by Carolina - Power and Lightkoii'.pany on Page 2.
> f
,l Why did you not acknowledge fd the affidavit jo i(
u . .
11 q th'ati you were employed by Carolina Power. and Light Company?
l' ,
A It was just a mistake. Its in my resume, and 12 7
is);J 3bUt's obvious. '
5 it if D/d you just forget that you were employed by 14 F 7{Q ,
y ,
15 CPGh s x J
16 A No, no. It was just left out of th'at sentence. *
,o
,}3 ,
17 It was an accident.
13 .s Q Was your resume filed with the affidavit?
i 19 A A copy of my ru ume was availabic, Nobody picked 20 6n it. It was just t/n accident.
21 Q , f Tu'rning to your testimony, Ms. Miriello, Et the 22 question-,at the top of Page 2, actually the third quartion (j
! 23 on Page}2, which asks what capacity and how long you were l i 24 employed at the Harris plant --
wh w meenm. ine. ,
25 , MR. RUNKLE: Do you mean -- are you referring to
.,/^) >
,3 ,
')
, ; ,, )
l ~
,-' 9112
, . 4
- q; -
'4-13-SueW 1 Page 2 of the profiled testimony, sir?
2 MR. HOLLAR: Yes, j
3 WITNESS MIRIELLO: Yes, go ahead.
4 BY MR. HOLLAR: (Continuing) 3 -Q Does the job description in your answer to that 6 question describe only your job function as an NES employee I l 7 and not your job functions as a CP&L employee? l l l !
8 A Could you repeat that question, please?
l '
9 Q Certainly. Does your -- does the answer to 8 10 that question refer only to your job functions while you 11 were an NES employee and omit a description of your job ;
12 functions while you were a CP&L employee?
h...J 94 13 .
Joo f1Ws 14 15 ,
16 j 17 l
18 !
I 19 'i
- l
- i 20 l i
21 -
l 23 .
24
- esere neoonm, in, -
25
5 l-JocWol '113 i 1 A The question asked me if I had.over worked at 2
the Barris Nuclear. Plant, and I plainly state'I was employed 3
by both Nuclear Energy _ Services and also by Carolina Power. j 4
and Light in the time periods from April 1984 through 3 August 1985. '
4 Q I am referring 'to the last sentence to that 7 answer.
8 A It states correctly, I was an engineer in in-servic.
9 inspection. Maybe I sho'uld have a second sentence in there 10 stating that I also worked in health physics, but that'is in II my resume.
12 O So, the answer is you were only referring to your 13 duties as an NES employee?
Id A Basically, the whole affidavit pertains to my 15, dut5.es only as an NES employee. ,
30 As'a contractor of CP&L.
17 Q So, the answer is yes?
18 A Could you restate that question again?
I' Q The answer -- the answer on page 2 of your j 20 ' M mony only describes your duties as an NES employee?
21 A Yes, this does. >
22 Ms. Miriello, I would now like to Q Thank you .
23 refer you to your next answer on that page. When did you l 24
,, receive your Masters Degree in Ceramic Science from Penn U State?
5W2-JoGWC1 9114 3
i A The M.S. is Ceramic. Science is complete. The ,1 2 thesis is in review, and all that needs to be done is go
, 3 to the typist.-
l 4 I have fifty. credits complete, whereas only. {
3 thirty are required. It has not been finalized yet, but j 6 it is complete. I do have an M.S. in Ceramic Science. It 7 hasn't been officially conferred.
8 Q Ms. Miriello, is it possible to receive a 9 Master's Degree without having one's thesis approved?
10 A The thesis - really, it is a matter of getting it 11 to the. typist. It is in the stage where there might be a 12 few corrections, but it is a matter of getting it to the 13 typist.
14 And it is typical in industry in the State that 15 the Masters Degree is done, because people can check with the 16 uni'versityandsay,yes,itisamatteroffinalizingthe 17 thesis.
18 Q Ms. Miriello, de you have a diploma from Penn State c 19 a Masters Degree diploca from Penn State in Ceramic Science?
20 A Not yet.
21 Q Ms. Miriello, are you currently enrolled in the 22 Masters Program in Nuclear Engineering at NC State University? :
23 A I am currently finishing an MS there.
24 Q Are you currently taking classes?
me-w n nm, inn. '
25 A No; I assume taking classes in January. Right i
5-3-Joowc1' 9115 o
t 1
now I am working on picking out a thesis topic, and I am I 2
constantly in contact with the University. Dr. Luckie there. 4 3
Q Have you taken classes in the MS program in -
I 4
Nuclear _ Engineering in the past at NC State?
3 A Yes, I have.
4 Q At NC State?.
7 A Yes, I have.
8 Q But you are not taking classes now?
9 A No, but I am working on a thesis topic. I am l 10 deciding on which one, and conferring constantly with the Il f
university.
12 Q. Ms. Miriello, I would like to turn your attention 13 to page 4 of your testimony. '
Id In the answer that begins on about the middle 15 !
of that page, you discuss a couple of incidents involving I l'
observations of marijuana at the Harris plant. ,
17 Why did you not include a description of either Il I8 of these particular incidents in the affidavit that was !l l'
filed on September the 6th?
20 sh A I had been asked to go through what I had remembered 21 about Barris and drug abuse there, and put down all my 22 thoughts in writing, and this was after that affidavit was 23 filed on September 6th.
2
, , I was asked if I had seen additional drug abuse, 25 which I had seen. s i
JosWal 9116 i Q Were these incidents so insubstantial that you did ,
2 not recall them before september the 6th? ',
I 3 A No, I recalled them, but the priority there was 4 the safety issue with the steam generator tubing, and we.were ]
.]
3 in a rush to get that brought to the attention of the 1 6 Public, 7 Q Ms. Miriello, referring to your statement that you hi 3 observed seven or eight construction workers up on the boilers 9 obviously smoking marijuana, 'do you have the names of any j 10 of those individuals? l-11 A I don't.
12 Q Do you have any work crew identification for any 13 of those individuals? ,
. i-14 A Yes. Not the work crew, but the hats. They i' 15 were wearing tan hats, and there were people always in the !
- 1 16 area working outside .around those boilers, and tho' service > ,
17 building at the Harris plant. ,
18 Q Mr. Miriello, I turn your attention to the last 19 , sentence of that paragraph, where it says: This was in plain 20 viei4/of the administration building.
21 Are you contending that someone in the administration.
22 building would have been able to see workers smoking marijuana l 23 .on the boilers?
l 24 A No, but they would be able to see a work crew Pederal Reporwes, im
- 25 congregating in a place during working hours where they should 1
,c -.
5-5-Jo:Wal- -
9117 l 1 not. have been. j I
-2 I have never seen that many people on those 3 boilers at one time before. )
1 4 JUDGE KELLEY: Excuse me. If we are talking 5 about juxtaposition of buildings, can we at some time e establish what are they boilers, where are they? If f 7 you are headed that way -- if you are headed that way I am i
e not asking a question yet, I am just concerned about a long {
9 record talking about boilers and the administration 10 building, and I want to know what it means, so if you could 11 in some manner get into that. f
{
12 I will leave it to Mr. Rollar in the first instance j 13 to bear it in mind.
14 BY MR. HOLLAR: -(Continuing) 15 Q Ms. Miriello, are you referring to the auxiliary 16 boilers that are between the service building and the water ;,
17 treatment building at the Harris plant?
It A Yes, I am. li 19 Q Do you know the distance of those boilers from 20 th& administration building?
21 A Yes. The service building -- plus the parking -- 1 22 well, not the parking, but the lawn area in front of the 23 administration building.
24 Q Would it surprise you to find that that distance i A neo.<wn, ine.
25 is approximately 660 feet?
i.-6-JocWG1 IllI l 1 A No. l
-2 Q Would it surprise you to find that the service ;
3 building is between the administration building- and the 4 boilers?
3 A I-don't think it totally blocks the view of the 6 boilers? ,
7 Q It does obscure the view, doesn't it? !
3 A It does, but it doesn't totally block it. ,
t 9 Q Ms. Miriello, referring to your next paragraph,
. 1 to in which you alleged you smelled marijuana in the-Daniel 11 parking lot, do you have the names of any individuals who 12 were smoking marijuana in the parking lot? !
i 13 A No, I didn't walk over to the cars and look -,
1 14 inside, or take license plates -- I mean take the numbers l 15 off of the plates. ,
j
. l 16 MR. BOLLAR: Your Ronor, that completes my , !
17 cross-examin~ation. 1 18 I would like to move the admission of Applicants' '
)
19 Exhibit No. 41, the employes exit questionnaire, in view of 20 , thkE4ct that the witness did not make an identification of 21 her responses to all of the questions.
f 22 JUDGE IQtLLEY: Any objections? !
23 MR. RUNKLE: I would not object for that limited 24 purpose, w neeenm. sne. --
l 25 JUDGE KELLEY: While it is being put in for generali l
7-JocWol 9119 1 purposes, I thought the argument for focusing. Am I right?
2 MR. HOLLAR: Yes. I am moving its admission.
3 JUDGE KELLEY: Right. Okay. There is no objection o 4 so it is admitted.
3 MR. EDDLEMAN: Judge, I wanted to object. And {
4 my grounds for the objection is . fairness. When the Applicants '
7 have objected to something that has not been profiled as a of the d, ate of the simultaneous profiling, which is a rule l'
9 that they asked for, that they have sometimes insisted that i 10 it be put in for a limited purpose, and therefore I think !
l 11 it is appropriate here to put it in for the' limited purpose '
12 that Mr. Hollar stated.
13 Unless he has some other purpose that he can bring 14 forward and argue. ,
15 JUDGE KELLEY: I would like to hear comment',from i
. I 16 counsel on whether or not Mr. Eddleman is entitled to object !
17 to the evidence that is being offered under the Prairie Island 18 doctrine.
{ 19 Mr. Baxter? Mr. Hollar?
20 MR. HOLLAR: Your Honor, I believe that --
21 JUDGE KELLEY: If you will all stipulate that 22 we can hear objections from Mr. Eddleman, then I suppose you 23 will hear them, --
24 N neoenses, ins.
MR. BARTH: Not I .
25 MR. HOLLAR: Your Honor, Mr. Eddleman has not offereGl l
9120 5-4-JoeWal I this witness, and it is not his contention, and I believe i
2 he should not be permitted to object in this case. 'l 3 JUDGE KELLEY: Mr. Barth?
4 MR. BARTH: Your Honor, addressing the question )
5 you asked on the Prairie Island, the ability to ask cross-e examination only in matters upon which he has interest. :l You have extended him 'this courtesy, over my 7
s -objections. The Prairie Island decision by the Commission 9 gives him no authority to interject himself into the 10 , objection or consent to the admission of documents on i 11 contentions that are 'not his. It is not his contention,. j 12 and he is improperly before the Board, Yov: Honor, on this !
13 matter. -
14 JUDGE KELLEY: Mr. Cole, just as background, 15 I don't know if you have read the Prairie Island decision j 1
16 recently, but there was an issue before the NRC, and it i
17 was the very first adjudicatory matter, as a matter of {
18 fact, the citation is one that the NRC won, and it was 19 ; where one intervener had a contention, and another intervener i
20 ' wanted to crcss-examine.
I 21 And the Licensing Board barred it, I limlieve. .
22 The Appeal Board let it in, and the Co:xnission, on review, 23 said yes, an intervener at least in some circumstances can
- l P s.w n n-24 inn.
come in and ask some questions on the other intervener's 'l '
23 contention. s
5-9 'J00Wcl 9121 I don't believe the case reaches the question 1
2 whether you can object to the introduction of evidence, 3 or other matters. So, as far as I know, it is sort of'an 4 open question from a precedent standpoint. But the broad 5 issue we see is since this is CCNC's contention, and 6 they are essentially the ones that are in charge, whether-7 we should have other interveners coming in and participating a to the extent of objections.
9 Do you have any views on it one'way or the 10 other?
11 MR. COLEt You are talking to me, Your Honor?
12 JUDGE KELLEY: I am sorry. I wasn't sure who 13 was up this morning. Okay.
I 14 MR. COLE: Your Honor is correct, I have not 15 read the Prairieview decision. ..
i
- l 16 l JUDGE RELLEY: Prairieview is a school in Texas !
I 17 with fine football players. This is Prairie Island, that !
i 18 is in Minnesota.
19 But anyway --
l 20 MR. COLEt That shows I haven't read the case, 21 Your Honor. My views on it, am I assuming that I am arguing
{
22 as to whether or not I will be allowed to ask questions 23 of --
li
- \
24 tes#M Mesotters, Ing.
JUDGE KELLEY: No, no, no. Not at all. '
f W
25 MR. COLE: Participating in argument on motions, i
'9122 5-10-JocWol.
1 1
1 is that your question? ,I 2 ' JUDGE KELLEY: No. You are an interested state.
3 That is a different rule. You don't have to express an 1
4 opinion on this one way or the other. I am just.asking 5 you whether you have. got one, and whether you want to express 6 an opinion on it.
7 MR. COLE: Well, if you were to ask me should a Mr. Eddleman be allowed to participate, my answer would be 9 yes.
10 JUDGE KELLEY: That is not what I am asking you.
11 Participate. What does participate mean? Of course he is -
l 12 participating, he is cross-examining. He has been doing it l 13 at some length for the past four days.
l 14 My question is: Can he come in and object to the j 15 introduction of evidence? l 16 MR COLE: I would say that Mr. Eddleman wou d 17 certainly be entitled to participate in examination. I i 18 would say that you would be correct if you said he could 19 l not participate in arguments on motions and introduction of 20 e dence.
21 JUDGE KELLEY: Thank you. Mr. Eddleman? !
[
. c 22 MR. EDDLEMAN: I haven't got an argument'out of
, 23 Prairie Island. I just think it is a matter of fairness. j 24 If CCNC wants to be nicer to the Applicants' h Resoren, ins.
l 25 than they are to us Interveners, I guess CCNC has that right. (
(
l
5-ll-Jc0Wol 1 I would leave it in the Board's discretion, since 2 I don't think there is precedent on it.
3 JUDGE KELLEY: There isn't as far as I know.
6 But that happens all the time in Boards. You get questions, 5 and.you have to decide on whether there is a precedent or. ,
6 not.
7 If you want to withdraw your objection, there 8 would still be no preceden), and then if you want to press 9 it, we will make a ruling.
10 MR. EDDLEMAN: Judge, I don't knoW that the NRC !
11 will continue long enough, since there aren't many more ;
l 12 nuclear plants being brcught up, but I think I would like 13 to see if we can get a precedent here, so 1 think'I will 14 stand on my objection.
15 JUDGE KELLEY: Okay. ..
16 (Board confers.)
17 JUDGE KELLEY: The point.here about the entitlement 18 of the intervener whose contention it is not to object to 19 the introduction of evidence was raised sur responde M ,
20 - pretty much, but it is the Board's feeling that the lead l 21 intervener -- the intervener in charge here, so to speak, 22 is Mr. Runkle.
23 Now, certainly Mr. Runkle and Mr. Eddleman can 24 confer, and they have been doing so, but if the counsel for m .c.e w s nee w = s, inn.
25 the party that has the contention says no objection, then l 1
l
- - _________________________._____.___J
.. , a 5-12-JoeWal n24 I we think the evidence ought tio go in, and the intervener who 2 was hear on the lead intervener's coat tail so to speak, !
3 does not have an independent right to make. objections, I
4 And so we so rule, and the evidence is admitted. !
j.% % i ItX INDEX .
S (The docundat previously identifie'd )
e as Applicants' Exhibit No. 41, is 7 admitted.)
8 MR. EDDLEMAN: Judge, if that is your ruling, that 9 is your ruling. I would like to say for the record that 10 I think the record will show that Mr. Runkle didn't say he 11 had no objection, but rather that he had no objection if 12 it were used for the limited purpose that Mr. Hollar stated, 13 but the record will reflect that.
l 14 ' JUDGE KELLEY: Well, I sit on the other side of 15 the table, and then we went through that, and Mr. Runkle. I 14 thought nodded or assented. I didn't hear anything. '
! J
~
-17 And at that point as far as I was concerned 18 CCNC, represented by Mr. Runkle and not by you, was not 19 objecting to this evidence.
20 We went through this whole argument without 21 Mr. Runkle coming in and saying you misunderstood me. ,
22 I thought that you said okay, Mr. Runkle, is that right?
23 It is a little late, but that is my understanding.
24 MR. RUNKLE: I stated my position. I had no t.
amens neomm ins. I 25 objection for limited purpose. You said it came for any
5-13-JccWal 912 1 general purpose. .I did not say that I objected on that 2 grounds.
3 JUDGE KELLEY: fine. So we interpret that to 4 mean no objection.
5 MR. RUNKLE: Yes, sir. ,
6 JdDGE KELLEY: And we hold that Mr. Eddleman may 7 not then come in and object on his own behalf, so the evidencG 8 is in.
9 That takes us back to Mr. Hollar? Or Mr. Hollar 10 said he was through.
11 MR. HOLLAR: Yes, Your Honor. I am finished 12 with cross-examintion.
13 JUDGE KELLEY: A ten minute break.
14 (Short recess taken.)
15 End 5 ,
MS fois. g 17 18 19 20
- i&
21 22 23 I 24 {
A . neeen m Ine.
25 s -
1
' 'I; l;
9126 fi b 6-1 1 JUDGE KELLEY: Back on the record. l l
2 This would take us to Mr. Cole.
3 . MR. BRYANT: Are we going to reverse the order 4 here. Would not Mr. Eddleman now proceed?
5 JUDGE KELLEY: Well, I think yesterday in fact --
6 You are right, we had gone from Mr. Runkle to Mr. Eddleman.
7 Go ahead, Mr. Eddleman, j 8 CROSS-EXAMINATION i I
9 BY MR. EDDLEMANs, -
10 Q Good morning, Mr. Miriello.
11 A Good morning.
12 JUDGE KELLEY: Oh wait just a minute, excuse me. i 13 This is cross. Now this is a witness proffered b'y'CCNC, 14 correct?
15 (Beard conferring.)
16 JUDGE KELLEY: .This raises a related question,* ,
l 17 and I am sort of going automatically to Mr. Eddleman. Here r
18 we have eliciting additional direct it would appear.
19 Is that your intent, Mr. Eddleman? .
j l
20 g. ,,
MR. EDDLEMAN: Judge, as I understand it, when 21 you ask cross you have got to ask isn't it or wasn't it l 22 or something like that, and, you know, that is what I am 23 going to do. I don't have a whole lot of questions.
. q 24 I am not trying to say now, Ms. Miriello, do 84 rol Repews, Inc.
25 you have any additional direct. That is Mr. Runkle's job l
- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ a
9127 sia 6-2 on redirect, as I understand it or on direct or whatever.
1 2 I am not a lawyer enough to tell you.
3 Any objection to Mr. Eddleman's-JUDGE KELLEY:
d asking a few questions?
5 MR. BARTH: We do, Your Honor.
6 JUDGE KELLEY: All right, Mr. Barth.
7 MR. BARTH: The purpose.of cross-examination is 8 to show some inconsistency in an opposition witness' testi-many, which is direct.
10 Certainly, it is the best of my knowledge that
' ' Ms. Miriello is not opposed to Mr. Eddleman's interests and 12 he could have no cross-examination in interest. All he 13 can do at the present time is make additional friendly Id cross, which is sctually redirect.
15 This is not time to put on direct testimony N under the guise of cross-examination. She is not hostile II to Mr. Eddleman or is he hostile to her. They have a 18 commonality of interests which would prohibit cross, Your Honor.
Thank you.
II JUDGE KELLEY: So are you contending that the 22 Prairie Island doctrine just supports cross and not what ,
23 you might call redirect or further direct?
% ', MR. BARTH: That is correct, Your Honor.
JUDGE KELLEY: Mr. Hollar?
9128
.Tll;&j ..
lp D 6-3 1 MR. BOLLAR: Your Bonor, applicants have no 2 objection to Mr. Eddleman asking a few questions so long 3 as they limited to the direct testimony and are not designed d toexpan'[ d irect: testimony.
.?Sb?lW
- ery wel 'l>
any coannent, Mr. Cole?
5 -
'y' ;; a 9c, .
4 MR. COLD . ,' 1111mdkW'the same inquiry, 7 Judge Kelley. Am I answering something that will preclude 8 ' me also?
9 JUDGE KELLEY: No.
10 MR. COLE: I certainly have no problem with 11 Mr. Eddleman asking questions. I don't know what Mr. Hollar 12 means when he talks about expansion. I would certainly 13 say he should be able to ask on matters that are at least 14 set forth in Ms. Miriello's affidavit or the inferences 15 derived therefrom, questions about that.
10 JUDGE KILLEY: I thought that.was consistent 17 with what Mr. Hollar had said.
18 MR. COLE: It may be, Your Honor.
19 JUDGE KILLEY: Is that a fair stateme.t, 4
N g Hollar?
21 MR. HOLLAR: I don't think what Mr. Cole just i 22 said is inconsistent with what I suggested. l 23 MR. COLE: Thank you, Mr. Hollar.
24 JUDGE KELLEY: All right. Well, the Board's eA net a.,e rs, kw.
25 sense is if you have a few questions, Mr. Eddleman, and
_ l
~ , ^;, N L ;
- thi%kh$;1[.y. ,
9129 -
1 1Bbn 6-4 ,
1
-you stay withia the general parameters of the testimony 2 already before us, we will permit that.
3 BY MR. EDDLEMAN:
,, a 4 Q Mr. Miriello, let me refer you to the questien 5 and answer that begins at.the bottom of page 4 of your 6 profiled testimony concerning the drug testing programs of 7 CP&L. Do you have that before you?
8 A Yes, I do.
)
9 Q You state there that if a worker has worked for {
10 CP&L, Daniels or any of the other contractors, and I presume q
11 that means instead of contractor, for three years or more, 1 12
- he or she does not have to take a urine test. Here you l
(
13 required to take a urine test when you transferred to CP&L l
{
14 from NES?
15 A Ye s . I was .
16 0 How much notice of that.did you get?
17 A one of the amployees in John Ferguson's office 18 ~
called me and asked if I would like' to take a urine test 19 within the next couple of weeks.
20 Q And what did you say?
l 21 A she asked me to pick practically a day. She said l
22 when it will be convenient for me, and I'said well, I would f l
23 like to take it in two weeks. And she responded that it 1
24 A s ne inc.
would be better to get it done as soon as possible. Therefore, )
25 I took it the following week, but there was a' period of about i
~y;;w, - .y t ,
7 91 q ,
H 1m6-5 seven days in between the conversation on the phone and when 2 I actually took the urine test.
3 4 Right. ,The degree in ceramic engineering, or
.. s u 4. y . .. t .
f
., j j ,a . v, f '
, y j 3 A That is correct if you are referring to the master's . ;
wp.3 y. -
6 Q' Yes. Do you have Mr. Hollar's -- I think it is 7 marked as Exhibit 43, the August 12th letter to Mr. McDuffie?
8 A Yes I do, as soon as I find it.
9 (Pause.)
10 I have it here now.
11 Q can'you tell us why you attached your resume to l 12 that letter?
13 A I wanted to show him I had worked at the plant 14 and that I had been in 3.n-service inspection and worked in 15 health physics. I mean M. A. McDuffie would not have even 16 known that I was an employee really.
17 Q Okay. Can you tell me wh'en that resume that 18 you attached to that letter to Mr. McDuffie was prepared?
19 A That is a resume I am currently using.
20 Y ' I mean was it made up this spring, or de'you know 21 when it was made up? l l
22 A It has been used I would say since the spring and 23 it is currently being used now.
24 JUDGE FEttEY: The Board would just like to note h e el W ias. s 25 that this is obviously redirect. If you want to do a little s
, 3' . : . +-
- c. ? h; i ,, : p,
%y 'vg. h n .. t 3 4, g,c J ; >- ,
, .. - t
- j. p j
lia 6-6 1 bit of it, okay, but ---
l #fi
!'k' .
N' '
2 MR. EDDLENAN ' Judge, I am setting up a question l qa ' y:;3 3 to aik ' ' '
- x" N: k . ,
, which I am going % ,iQ Q;e
& P;, .
4 JUDGE RELLEYi "U J
^ .
l
"-'Y%ht BY MR. EDDLEMANh' D .
g
+
5
~QQ h)'3, ..
6 . O Ms. Miriello, if you wanted to conceal the nature 7 of the situation of your thesis in the granting of that degree 8 in ceramic science from CP&L or anybody else, why'is it in 9 your resume?
! Io .A It is obviously there. I have no intention to 11 conceal it. It is typical in industry to say once you have 12 our course work and your thesis written that you have the 13 master's degree. And right now I am applying for jobs and 14 people are offering me positions based on that master's 15 degree and offering me salaries based on that master's degree.
16 They know it is a formality having a thes!.s typed and the 17 degree conferred.
18 MR. EDDLEMAN: All right.
19 JUDGE KELLEY: As I just observed, this is redirect.
- .9%.
20 We can hear it now or we can hear it later. That is okay. bug 21 that wasn't what I thought you had in mind, Mr. Eddleman.
22 MR. EDDLEMAN: Well, I may not be phrasing the 23 questions the right way, Judge.
24 JUDGE KELLEY: It isn't phraseology, Mr. Eddleman.
Aad am inc.
25 This is so obvious redirect. Have you got other points that
_y . .
9132 l 4-7 1 2 you want to develop having to do with the sub t s ance of this 3
witness' testimony that are not too coll a eral?
t If not, we will move on to somebody.
4 MR. EDDLEMAN:
5 6
too collateral means, but I will d fJudge, I ma \
point. I e er to Mr. Cole at this '
7 JUDGE KELLEY: Okay.
8 Mr. Cole.
9 CROSS-EXAMINATION \
. \
BY MR. COLE: {
10 t Q
Ms. Miriello, 11 filed testimony on page 6 let me call your attention to 12 A Okay. , {
13 Q \
14 The question actually starts ongepa5 wherein 15 L you were asked from your observations is d -
rug abuse at the Harris plant widespread, and you 16 replied yes.
17 Other than matters which have previ ously been' 18 withdrawn from testimony or from tho 19 already testifed to, are there other c in idse matters that ences which you 20 have personal knowledge of which go t observation? o make up this 21 $-
MR. HOLLAR: Objection. !
22 Your Honor, if the 23 witness had other incidences of drug <
use at the plant, the 24 ground rules of the proceeding were a th t sum that information 25 was to have been profiled in direct t the 23rd, estimony on September '
i n
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ l
o t- e ,
9133 sia 6-4 1 JUDGE KELLEY: Mr. Cole, any response?
2 HR. COLE: Well, if Your Honor please, I realize -
3 that Ms. Miriello, the two specific instnaces, if they are 4 specific, talk about the parking lot and the boilers. But 5 her last question is a broad question with a very broad 6 answer wherein she says that drug abuse is widespread.
7 I just want to inquire into what she means by ;
8 widespread. If you would like to to rephrase the question, 9 then she can answer it any way she wants. l
{
10 JUDGE KELLEY: I understand the question, but don't i
11 you understand the objection? l l
12 MR. COLE: Yes, sir, I understand the objection. l 1
i 13 JUDGE KELLEY: It is a situation where on the one 14 hand the Board wants to get the f acts, and on the other hand 15 we do have some fairness considerations obtaining here a,nd 16 whatever people had to say was supposed to be said on the 17 filing date.
18 so to open this up in some wide-open fashion ---
19 MR. COLE: I fully understand that,. Your Honor.
20 M' JUDGE KELLEY: Escuse me a moment.
21 (Board conferring.)
22 JUDGE KELLEY: Let me just paraphrase the question 23 and the objection.
. 24 The question goes to whether Ms. Miriello knows l
.4 ,h,.nm, inc.
25 of other matters underlying her conclusory sentence that
9134 in 6-9 1 drug use is widespread at the site other than those referred 2 to in her testimony, and the objection is that such matters 3 should have been brought out in the profiled and wm are now 4 focusing on the profiled and inferences from that and not l l l on new matters.
5 )
1 6 Strictly speaking, the objection is well founded )
l 7 in law and we could very well sustain it. On the other hand, l
a we have been trying with all of our witnesses to find out 9 what they know about drug use at the site, and we also think 10 that if eliciting an answer to this question or this kind of 11 question gets us into procedural difficulties and it raises 12 fairness problems, we can deal with that when the time comes.
13 It may not.
14 So we are going to with some reluctance overrule 15; the objection and allow the question.
15 Maybe you ought to restate it, Mr. Cole.
17 BY MR. COLE:
i j 18 '- Q Let's see if I can, Your Honor.
. I 19 ! Ms. Miriello, other than mat ers that have been l 20 :; provfeusly withdraw from testimony or matters to which you 21 have already testified, are there other instances which you I 22 have personal knowledge of which go to make up your observation 23 that drug abuse is widespread?
24 A Yes, there are.
A.,wa e x 25 Q What are they, please, ma'am?
I
f 9135 l
sia 6-10 i A It involves myself being offered cocaine by another 1
2 contractor amployee, and the offer was made on site.
3 Q I don't know if it would do any good to mention 4 the name, but do you recall about when that was, Ms. Mirriello?
5 A Yes.. That was the month of October 1984.
6 Q In fairness to everyone, Ms. Mirielle, and state if 7 i you know, was that a CP&L employee?
8 A He was a contractor employee to CP&L.
9 Q To your knowledge, has CP&L dealt with that 10 problem and has that employee been tenninated?
11 A Be has been removed from the site or released from I
12 the site, as they term, but I don't know if the reasons were 13 for drug use. I don't know what the reasons were.
14 Q But, to your knowledge, he is rus longer on the 15 CP&L Shearon Harris plant site?
16 A No. He was only there from October 1st unti 'the 17 very and of October.
13 Q All right. Are there any other incidences that 19 you recall?
20 2B1k In the NES group, which I had worked in, some of 21 those employees indicated that they had done drugs. "
22 JUDGE KELLEY: Excuse me. Let me just make an 23 inquiry.
3 24 MR. COLE: Yes , sir.
- 4. J awwwm hc 25 JUDGE KELLEY: We had the stipulation yesterday
9136 c 6-11 i which withdrew certain portions of your testimony, as you 2
know, and then in exchange the applicants agreed to certain 3
things and that was that as to those matters.
4 My question was, and I' don't know, but my question, i is whether the incidences that are you beginning to describe 5
. l is not essentially.a part of what was withdrawn.
4 7
THE WITNESS: No, it is not. These were ultra- .j g sonic inspectors. They were not part of the Conam i
. l 9 organization.
jo JUDGE KELLEY: It had nothing to do with the jj conam organization?
)
12 THE. WITNESS:No', sir'. .
13 JUDGE KELLEY: All right, fine.
14 MR. HOLLAR: Judge Kelley? ,
15 E GE KELLEY: Yes.
jg MR. HOLLAR: I am going to have to renew my 37 objection to this material. Ms. Mirriello had an opportunity 18 to profile any allegations of drug use in the written 19 1 testimony on september the 23rd. If she chese not to do l 20 tha h th these particular allegations, and new is seeking 21 to raise a whole new set of allegations, it creates a very l
22 fundamental' question of fairness to the applicants. ]
23 JUDGE KELLEY: We understand that, Mr. Hollar. l 1
24 I think you have a standing objection to this line of
. m noemn, m 25 qsestions. We thought about it. We haven't decided yet what
. .. Y,, ay .
,, n y y :
7c N 9137' M N ;r.
, GL .
'Sim 6-12'. I we are. going to do about it, but we did decide we would I 2 hearing'the answer to the question, i
. / \
3 <
SoIdon'tthinkyouaremakingreally;a(new l
, J 4 objection, are you? .
/,
5 MR. HOLLAR: No, it is not a:.ntuw objection.;
i ,
It should hava bden profiled, right?
6 JUDGE KELLEY:
7- A MR. HOLLAR: That is absolutely correct.
8 ,
JUDGE KELLEY: You are right. I agree with you.
9 But we still have some discretion to go ahead and . listen
.10 to the answer we believe, and that is what we are d ing.
11 ,Go ahead, s :
12 khR. COLE: Go ahead, Ms.'Nirriello. ,
i 13 .THE WITNESS: The pecple who had'said thep had 8 y.
14 used dr'ugs in the NES organization were Nrking on inspection'.
15 of piping at Harris. When they told sne the. timo periods 16 thatethey had used the drugs, it involved their inspections 17 at the' V. C. summer nuclear plant in South Carolina previously.
18 JUDGE KELLEY: Excuse me. Ms. Miriello, I am 19 not sure if you followed this. The Board has been rither 20 int $rventionist in the last few minutes. I am concerned about
, 21 some boundaries here. ;
22 I don't un'derstand why you didn't bring these 23 matters up in your profiled testimony, would you frive u's
, 24 an expanation of that, please?
4# ,1t.,.n.n. iac.
25 THE WITNESS: Yes. We were pushed for time. The
_ _ _ _ _ _ _ _ _ _ - _ _ _ - _ . - __r
~
is *. E p' .
e i'
. L'#
.. 9138
\ 'y ' .
e 3
Sim '!db,1'3 1 . timing'of the Atomic Safety and Licensing Board hearings g,j'; 2 wasoso close to the time that I was fired, we were rushed to' <
3 get these allegations all put into writing, into an affidavit.
4 MR. HOLLAR: Your Honor, I would point out that N'
5 [Ma. Miriello's testimony was filed on Septergbar the 23rd and
, . . .g tihe was termianted on October the 30th.
')' .
7 THE WITNESS: You are wrong. !
g; ,
MR. HOLLAR: August the 30th.-
a
.{ .( .
o
< JUDGE KELLEY: Let me pursue this a little bit.
lgo 'Your answer is that you didn't have time to get it written.
n (J , 11 up/to put it in the testimony?
, 12 TKE WITNESS: And plus we were concentrating on
.d: <
13 the major , drug issues here, not the peripheral ones like 14 this. I mean it is not'really peripheral, but compared to the O'5- 15 magnitude of the eddy current problem.
- 4,u 16 JUDGE KELLEY: All right. -
17 Mr. Runkle, do you have anything to add?
a, 18 MR. RUNKLE: No, sir, I really don't.
19 MR. COLE: Your Honor, might I ---
,e .. , ;
20 JUDGE KILLEY: *4e will come back to y:c, Mr. Cole 321 in just a minute.
W
22 My question now is why this material wasn't in 23 Deefiled. Do you have anything to add to what Ms. Miriello i- ,4 24 said, Mr. Runkle?
A . .c3 se tw.
25 MR. RUNKLE: No, sir, I don't.
-7 ,p
, as 4
Y !
.f '
\
j.
9139 f 1 -
~; ,) %
7-1-SueWSt MR.-RUNrig: No, sir, I don't.
I g 2
JUDGE; KE$12Y: Didyoukno[httie,kimeJyoufiled !
3: her profiled she had these other matters to raise, and that gyp ( ,
4 sht:41dtended -to raise, them, or whether she intended to raise 6 rr ,
D/
them at the hearing?
s < i MR. RUNKLE: No, sir. I did not know these .other 7
allegations or observations, and I ~did not know that she
. :i i
8 was planning to raise them at this proceeding. g
[b 9
JUDGE KELLEY If you had known, ecd 2dn't you '
4 l .g have sought an extension of time? .
33 If you were really in that much of a crunch to
[ 12 get your testimony written up, couldk't --= -
.F 1 i g MR. UlTKLE: Oh, if I had known when we profiled ')
14 the testimony,',stdrely, yes, ,I could have done that.
i I
(!
-,/ V .
!l g JUbGE' KtGLEY: You wanted to say, Mry Cole? -l e 1 3
16 MR. COLEt In all, h3w!asty, Your ' Honor, Mr. ,t
. Runkle may not have known. I
(
)-
can',t say that I did not i j 17 i' 3, ,know. The time factor was very close. -
q 39 j, And just in open candor,1$annot, .' ray that I knew r
20 t & n the 21st, 'I knew this on the 24th, or any time '
]
. (
i 21 g ther than. those. The time factor was Qare.
, 3 l
22 J
I "I"i" wa8 Perating under the assumption. -- .
i% t I s P
e 23 ij!m&~1 prove faulty - ,that inasmuch as Mr, Runkle was t
)
s s'ubmitting filed test,imony on behalf o,f Ms. Miriello that 24 j
-.4 k nm., ,w 4 ' I 25
'/ ' the State and, its intgrests therein would be allowed to '
x
_____ _ ___--- u u l- 1
9140 '
1 7-2-SueW 1 cross-examine.
, 2 I didn't realize that we- also had to prefile ,
3 specific testimony on behalf of Ms. Miriello. So, if any !
4 fault lies it really I suppose lies with us more than it ,
J 3 does with Mr. Runkle, because I have no idea of knowing 6 what Mr. Runkle knew, of course. I i
7 JUDGE KELLEY: Let me make sure I understand. ,
8l Are you saying that you knew of these instances before 9 the deadline? '!
. i
. 10 MR. COLE: I cannot say that, Your Honor. I 11 don't know.
12 Ms. Miriello has talked to us, has come in and 13 talked to us. And maybe Ms. Miriello can recall the dates. ,
l 14 I do not. ;
15 JUDGE KELLEY: You didn't take transcripts .
16 and so on, you just sat down and talked? .
i 17 MR. COLE: Yes, sir.
18 JUDGE KELLEY: And then you thought that these 19 matters would be in the Intervenor's prefiled so tnen 20 . you could cross on it later; is that what I'm hearing?
I 21 MR. COLE : Yes, sir. .
3 22 MR. HOLLAR: Judge Kelley --
23 JUDGE KELLEY: Just a minute. ,
i 24 MR. COLE: Judge, could I -- maybe we can --
News mnemm6ers j
25 again, in trying to of fer a scletion, I think we are almost s
~
9141 7-3-SueW: I to' the end of what we were about to say anyway. Could I j
. 1 2 rephrase my question to just inquire of Ms. Miriello 3 whether there were other instances that went into her 4 conclusion?
3 JUDGE KELLEY: That was your question in the 6 i'irst place I thought, and that then produced so far two 7 intances. .
l MR. COLE: -l e Well, I was not -- I'm going to let 9 the question and answer stand.when she says yes, there !
10 were other instances other than those that she has previously >
11 testified to.
12 JUDGE KELLEY: Well, part of the question of 13 fairness here -- and we will hear from the Applicants --
14 is extremely awkward. I must say the idea this couldn't 15 have been written up before I find completely unpersuasive, i
16 This is something you can put in a couple of 17 paragraphs. Prepared testimony does not reflect a lot of 13 time and effort. It's something put tt , ether rather l 19 quickly. Why there couldn't have been another paragraph
! 20 for each of these two is something that has not been explain- l l^ l 21 ed. {
i 22 But we are trying to grapple with this. We've 1
23 had reference now to two things. Are there more matters, '
24 Ms. Miriello, that you would say in response to this?
M me.e.c., ins.
25 WITNESS MIRIELLO: One of the CP&L employees --
N - -- -
1 i
9142 l t
j SueW l JUDGE KELLEY: I don't want the description. *J 1 2 I want to know if there are more matters, yes or no?
l 3 WITNESS MIRIELLO: Yes.
4 JUDGE KELLEY: How many?
, 5 WITNESS MIRIELLO: One that I can think of at 4 the moment. -
l 7 JUDGE KELLEY: So, there are three altogether? i 1
8 WITNESS MIRIELLO: Yes, j
- \
9 JUDGE KELLEY: W' hen you say at the moment, have 10 you got another group? We would like to get to the bottom 11 of this.
12 It should have been in your testimony in the ;
13 first place.
9 14 WITNESS MIRIELLO: No.
I 15 JUDGE KELLEY: So, there are .three matters.
16 One you told us about, at least in part. The secono one 17 l
you were in the middle of when we started debating. And 18 now there is another one after that if you were allowed 19 to finish the statement.
20 Is that correct?
i 21 WITNESS MIRIELLO: Yes.
22 JUDGE KELLEY: Mr. Hollar, any comment?
23 MR. HOLLAR: Your Honor, my only comment is that 24 I agree with your observation that I don't see any excuse
- =*=w m p.ew , inc.
25 for this having not been put in the profiled direct testimony.
- ~
9143
- r 67-5-Suew i If the parties needed an additional period of 2 time they could have filed any time between the 23rd and 3 up to this morning. I think it's extremely unfair for 4 the Applicants to hear about this for the first time in.
3 oral cross-examination of Ms. Miriello.
4 I also wonder if Ms. Miriello isn't going to y find some additional matters next weak that she will raise. ]
8 JUDGE KELLEY: Excuse me a minute.
9 (The Board members are conferring.)
10 JUDGE KELLEY: Gentlemen, the Board has previously 11 discussed the present situation which seems to us a sort 12 of competing balance between fairness to the litigants, I
13 particularly the Applicants here who don't have any advance j i
14 notice of these matters, and simply putting the facts out 15 as viewed by any witness and make sure that we get the 16 safety information that we need to know.
17 We are going to put to you now what we think 13 is a fairly simple proposition, which we would like to 19 , hear your views on, pro and con, and then we could hear 20 a motion from anybody who wants to make a motion.
21 This isn't now a motion from the Board. This 22 is just something that we think might be an appropriate 23 approach, l
24 And it's as follows: We go ahead and Ms. l
=4 . nes==n. saa.
25 Miriello will finish the answer to this statement. And we l
9144 97-6-SueW I will finish the description of I think the second incident.
n '
' And then she indicated there was a third, and she can 2 'l '
3 describe that also. 8 4 In that .way, the information will be out. It 3 will be public. And since we've had a public hearing on I 6 this, it's ,well that be finished out.
y But' then that her -- the portiori of her testimony '
8 comprising the answer to Mr. Cole's question be treated as i ,
9 a limited appearance and turned over to the Staff for li 10 investigation and striken from the evidentiary record, t 11 in view of the fact that there is no reason that we have -
12 heard why these matters could not have been put in the pre- ,
13 filed testimony and that, therefore, it would be unfair 14 to the other parties to treat it as evidence in this proceed-15 ' ing.
~16 That's a proposition. We are not sure whether 17 it is 'a good and the best answer, but we would like to hear l
13 your reactions. 1 19 Mr. Hollar. l
' 4% -
20 MR. HOLLAR: Could I have a mement, Your Honor?
21 JUDGE KELLEY: Yes. Do you want a break?
22 MR. HOLLAR: Yes. Five minutes? ,
23 JUDGE KELLEY: Five minutes. Not a long one.
24 Five minutes.
eenere no.<ws, iae.
25 (Whereupon, the hearing is recessed at 11:16 a.m.,
l
1 9145
- 97-7-Suew- to reconvene-at 11
- 26 a.m.,
I this same date.)-
2 JUDGE KELLEY: Back on'the record. Mr. Cole. !
3 MR. COLE: Mr. Chairman, another solution to !
4 this problem has been arrived at by me. !
l 5 I am going to withdraw my last question, or 1 4' maybe the last three because I think I repeated it maybe ;
1 7 twice, and just let the record.and testimony stand as is.
3 JUDGE KELLEY:- That would take care of --
9 all right. Let's move around the table.
10 We had a -- the Chair had a proposition pending.
11 Mr. Cole has withdrawn his question, as he just stated. ,
12 And that has- the effect of our not proceeding now at least 13 with further testimony on these points.
14 I would just modify the Board's proposal that 15 Ms. Miriello and the Staff get together and hear the 16 remainder of her concerns and the Staff look into the ,
17 as they normally do with the expression of such concerns. l L 13 But then the proposition would stand as stated i
19 for what's already on the record.
Al 20 Mr. Hollar.
21 MR. HOLIAR: Your Honor, we understood that the 22 proposal would also include that Ms. Miriello's answers 23 to Mr. Cole's questions would be striken from the record.
24 JUDGE KELLEY: I don' t want to nit-pick. I
- w. .n nm, ene.
25 think -- Mr. Cole can withdraw his question. Mr. Cole
!i
) 9146 37-4-SueW g can't strike pages of the transcript. The Board has to do 2 that.
i 3
When he withdraws his question, it means'his 4 question is off, he doesn't want to ask it anymore. But 3
what is already in the record, we have to control. I e
don't know that it's a terribly practical or important 7 distinction. I think it has some significance.
g We understand it as Mr. Cole saying: I'm no ,
I l
9 longer interested in this -- in pursuing this question.
10 Are you content to let the record rest or not?
11 MR. HOLLAR: We would move to have the responses 12 striken. We would also ask that Ms. Miriello inform us is of any names and additional information that she has for >
14 our own investigation off the record.
JUDGE KELLEY: Can we be clear, just so every-15 l 16 one understands, move to strike means to move to strike ' !
17 the portions of the laat few pages of testimony on this 1g answer. They would physically remain in the transcript, ,
19 , but they would not be a part technically of the evidentiary i
1 record, and this Board upon deciding the case would not 20 l 21 consider them. I 22 That's what you are moving for, right? i o
MR. HOLLAR: Yes, Your Honor. j 23 i
24 JUDGE KELLEY: Okay. Mr. Barth? i emwwnamnw,,os 3 25 MR. BARTH: Your Honor, may I have another thirty l
)
l 9147 i
67-9-SueW j seconds with my co-counsel for a moment?
2 JUDGE KELLEY: Okay. We will go to Mr. Runkle.
3 M. E: may an up e n a ree rd ,
4 previously. I did know about the first incident. And it )
was my understanding that that had already been resolved 5
1 as ne f the 201. )
6 l
7 The way she stated s.t, I wasn't sure and I checked my notes, and asked her at the break.
9 JUDGE KELLEYr bkay. -
jg MR. RUNKLE: The motion to strike, I have no jj objection to that, and I'm sure Ms. Miriello would be --
)
12 I mean, there are other avenues besides this hearing.to 13 investigate these allegations. And I'm not sure what they j, are and, you know, what kind of commitment Ms. Miriello 15 can make to those.
16 JUDGE KELLEY: I would like to underline that 37
' point . And we would like to ask Ms. Miriello specifically jg to transmit your concerns to the Staff so that they can j9 look into them.
% I think our point today, as we heard parts of 20 l 21 y ur c neerns, we decided to stop - well, we haven't decided it yet but there is a motion to stop because of
, 22 23 the timing of the expression of the concerns basically.
24 But, Mr. Runkle, you have no objection to the w , neomm, in 23 motion if I heard you correctly?
- ~ - - - --
1 9148 l l
10-8uww j MR. RUNKLE:
Yeah, I have no objection.
yr- i 2 JUDGE KELLEY: All right. Mr. Cole, it's y; i
3 okay.with you?
4 MR. COLE: Yes, sir.
I
, 5 JUDGE KELLEY: Mr. Barth?
. 1 g MR. BARTH: Your Honor, we will treat this as
)
1 7 we treat any other allegation of drug use on- the site, g although it comes up in the context of this hearing. And, l'
, we will treat it as we have atiy other allegation for any to other plant or for this plant.
i 11 JUDGE KELLEY: So, you support Mr. Hollar's 12 motion? l l -
MR. BARTH: Yes, Your Honor. !
13 l '
14 [ JUDGE KELLEY: Supported or accepted by all i I
15 counsel, the motion is granted.
- .' t' i
- 16 .
And we will go back to Mr. Cole, l
l l
l
- 17. MR. COLE: I have no further questions, Your -
I i i 13 l Honor. l 19 JUDGE KELLEY: Okay. Mr. Barth, questions?
2e . >. CROSS EXAMINATION ,
21 , BY MR. BARTH: i i !
Q Ms. Miriello, may I direct you to Page 2 of I 22 l 23l your profiled written testimony? ,
24 ' A I have it.
'assem neo ,wn,in ,!
25 ' Q I refer you to Line 16, the last several words, t .
l 1
1 9149 l l
97-ll-SueW I "I ha ve an MS . " Has the University conferred a Master's 2 degree in Science upon you at this time?
l 3 MR. RUNKLE: I'm going to object to that.
4 That has been asked and answered. l 3 JUDGE KELLEY: The question is whether Ms.
6 Kiriello had a diploma. Is that the same thing? l
\
l 7 I sustain the objection; it was asked and l 1
8 answered. ,
9 BY MR. BARTH: - (Continuing) i 10 Q Ms. Miriello, are you currently today enrolled l 11 in a nuclear engineering course at North Carolina State 12 University?
13 MR. RUNKLE: I wili object to that as a'sked l l
(
14 and ,answe red. ,
15 JUDGE KELLEY: Yes, sustained. .
16 BY MR. BARTH: (Continuing) 17 Q Ms. Miriello, I refer you to Page 4 of your 18 Profiled testimony. And you state on one occasion last 19 October 1984 you arrived at work and observed construction 4MLA 20 workers obviously smoking marijuana.
t 21 Do you find this in your testimony, ma'am?
22 A Yes. )
23 Q' About how far away from these workers were you?
24 A I was walking right next to the blowers practically', '
m4k. .namnes us 25 I would say within twenty feet. Like from here -- I mean,
m --
'9150 h
j 12 SueW - 1 one may have been within the same distance you are from me now. '
2 3 Q And at this distance, you could recognize that 4 these were marijuana cigarettes rather than Lucky Strikes 3 or --
6 A I could small it.
7 Q And. could you see the -- were these people wearing j g helme ts ? -
f I
. i 9 A Yes. They were wearing Daniel's helmets. '
to Q And could you tell, or do you recall the color i 11 of the helmet?
12 A I think they were tan.
-13 Q Do you recall any of the numbers of the work 14 crews on the helmets? l4 i !
15 l A No. When there are that many people that are ,
.16 smoking pot, and I had to work on that site, I didn't waht l
17 i to stop and stare and take down names, because they knew 4
13 who I was, too.
19 Q Oh, you knew who they were? Did you report 20 anyv of those individuals to Carolina Power and Light 21 officials or the Daniel officials at the time? .
l l l 22 A No, I didn't. l l
23 . Q Did you report them to any of the local County 24 police at the time, the Sheriff I believe in this case, -
l Pemc nm, io.,
25 or the local law enforcement agencies?
1
~ ~ - _ - - - - _ - - - - _ _ _ - - '
I I
9151 .
67-13-SueW ; A No, I didn't.
2 MR. BARTH: I have no further questions, Your i 3 Honor.
4 JUDGE KELLEY: Okay. Thank you.
l
.$ v BOARD EXAMINATION j 6 BY JUDGE KEI4EY:
I INDEXXXX 7 Q Ms. Miriello, I would just like tu -- it's the g Board's turn on questions, .and I would like to just pursue with you a little further this on Page 4 towards the bottom, 9
io the paragraph beginning, " Additionally, when I walked 11 through the Daniel parking lot. . ." and you say you could 12 small marijuana.
13 Are you familiar with the marijuana small?
l 14 -A Yes, I am.
15 Q What does it smell like?
16 A It's sort of a sweet! odor. I shouldn't say 17 sweet. It's striking.
Is I really can' t say what it smells like. I've 1
19 seen people light up and been in their presence and smelled 20 it.
1 21 Q I'm trying to get some notion-of time interval 22 here. You say three or four days a week, especially at 23 lunch time.
24 Does this mean on your average week at the site,
=A no.com, ras.
25 you would go through the lot -- would you go through-
~
4 .
- l 9152 ~!
'-14-S ueW .1 'the lot everyday? - ;
2 A When -I worked for NES, I had to park in that 1 3 parking lot. And I would have to walk through that lot i
4 ' everyday. ;
5 Q So, you drive there yourself in the morning and 4 you park?
7 A Yes.
~
g Q Okay. So, five days a week with NES anyway, ;
l l
9 you would be in the lot and walking in and out? l j i
10 A Six and seven days a week most of the time.
11 The In-Service Inspection Group was working a lot of over- )
12 time. >
1
.- 13 Q Okay. Why would you be in the lot -- what 14 occasion did you have to be in the lot at lunch time? j 15 A The incidence I was titinking about in the ,
16 affidavit, I'had come in to work late ' that morning and [
l 17 as I walked through the parking lot the small was obvious, 18 people were in cars, and you could see the roaches.
[ 19 Q But if you single out one incidence that i
20 you recall specifically, the preceding part of this same 21 sentence you say, "I could smell marijuana at least three
" 22, or four days a week," reading that literally I would take [
23 that to mean that m9st of the time when you walked through !
l 24 the lot you could smell marijuana. l seers Reserum, sas. !
25 Is that what that means?
t E___ _ __ _. __
9153 47 *.5-SueW I A Yes. Yes, definitely.
2 Q Then, . if it was just an ordinary, everyday 3 occurrence why does that one incident you- just referred 4 to stand out in your mind?
5 A Because it.was really close to the construction.
6 building and the entrance. And I thought security could 7 have done a better job in eliminating the problem that a close to the building. ,
1 9 I mean', it was-typical to see it and smell it 1
out in the parking lot.
.10 But when you smell -- it's right
)
l 11 by the darn door. )
l 12 Q Was this -- now, typically when you would be 13 walking through the lot and you would smell marijuana, 14 were there people there smoking or was this just a residual 15 odor from cars, did you think? , j
. j 16 A No. When you 'would look towards the small, j 17 there would be people in the cars or, people outside of 18 the cars. Sometimes the joints were obvious. l l
19 Q okay. But your -- I h ss I'm thinking of l J
20 yesterday when people with more acute olfactory . senses !
1 21 than you and me could smell residue and so on, but this j
i 22 is people smoking at the time you are talking about,'right? '
23 A Yes. .
24 Q All right. Could you give us any notion, when l A , neoerws, sas.
25 you offered this description of smelling marijuana and then I
l l
9154 87-16-SueW I seeing people there, would this be a car and a couple of ,
i 2 people or twenty cars or fif ty cars with people in it?
3 A Usually one or two cars, or maybe a few guys 4 standing around together, or maybe three or four guys at ,
)
. 1 3 the back of a pickup truck drinking beer and smoking I 4 marijuana, y Q I'm not getting then from you a notion -- on a the one hand, I can sort of visualize in my mind, you know, 9 the old fashioned smoking lounge when smoking was more in j i!
10 favor and people all go in there and smoke cigarettes, l l
11 and that was sort of the purpose of the place. l l
12 I'm not getting that impression about the CP&L 13 parking lot. I mean, there might be a group of people, ,
14 but it wasn't as if the lot was full of marijuana smokers. .
15 or,*was it?
h i 16 A Not eve'ry car. But, I mean, you could walk from 17 one and of the lot and see it at one end, and to the other l
It and of the lot and see it there also. 'l 19 ,,;. Q But if you were walking through a lot -- is this 20 the big main lot?
This is the Daniel parking lot. I 21 A 22 Q It's Daniel's lot?
- 23 A Right. ;
24 Q okay. And this would have several thousand cars
- =*erw m.o.<ws, inc. r 25 in it, I take it, on a typical day?
9155 -
17-SueW I A Yes, it would.
1' 2 .Q And it's half a mile long. I don't know. How 3 . big is it?
4 A A quarter to half a mile. !
ti 3 Q Long and then so many rows deep?
6 A Yeah.' '
7 .Q It's a long rectangular --
i 8 A It's odd shaped. It's not completely rectangular.
, {
9 Q Okay. But it's a big rectangle with some rough l t
i 10 adgme; is that fair?
i 11 A Yeah.
12 Q Okay. With maybe three or four thousand cars 13 in it as a rough guess. !
1 14 Now, if you were walking through there at this l 13 time and you were typically seeing what you , thought was, l 16 marijuana, how many' cars, groups of people would you see? !
17 A In the small area that I would cover as I would is walk through the lot, I would see maybe three or four cars, .
19 smell it maybe once or twice.
I l 20 Q When you say small area, do you mean if you ,
- .l l
21 parked way out at the end of the lot you would probably l!
22 have to walk the whole lot.
23 Would you park kind of close to the gate and get i
24 out and walk in? Is that what you mean by small area? 1 oh.- neo.nm, ine.
25~ A A lot of times I would walk through the periphery
l l
9156 1,
s ueW 1 of the lot, because I didn't want to walk up between the 2 cars. I didn't think it was that safe half the time.
E3tD # 7 3
, Joe f1ws 4
5 4
7 8
9 l?
i l
~
10 -
11 l
l l 12
\
13
, , l i i 14 ! i 15 i 1
. I i jg e 5 \ :3 ,
17 ,
'i l
18
)
19 l
- 20 i
- '*1 21 .!
t 22 .
t
{
23 l 24 l m norwn ene. 's ;
25 l
8-1-JoeWal '.3 9157 ' i t
1 JUDGE KELLEY: Okay. That is all I have.
2 Mr. Runkle, Redirect?
3 MR. RUNKLE: Yes. I XX INDEX 4 REDIRECT EXAMINATION 1
5 BY MR. RUNKLE:
6 Q Ms. Miriello, you turn to what has been introduced ' i 7 -- entered as Applicants' Exhibit No. 41, the employee exit i
3 questionnaire?
9 A Yes, I have it here.
l 10 Q At the time you filled this out, were you an j '
11 employee that was exiting from the Harris site? I 12 A No, sir; I wasn't.
I 13 Q Why did you fill this questionnaire out? '
14 A I had no choice. . i 15 Q Who gave you no choice? !
16 A I was told to report to the quality check trailer 17 and go through the exit interview, and if you are smart 18 and yoti work for a contractor at CP&L and if you want to 19 be ' employed by CP&L, you don't argue with those people.
20 You go do it, and I didn't want to raise any 21 suspicion'when I answered these questions, because the 22 matter was already given 'to the FBI. I l
23 Q Now, what matter' was that? l 24
- w. Aeoorms, one.
A That was the drug allegations against conAm. ;
9)G a nao _o am m . n am s m m m - - - - ^
l
I JoeWal ,
9158 ,
l 1
this questionnaire, it states, does it not, your reason for g .
- 4. 2 leaving the Harris plant? 'r E' l 3 A It was to come back to work for CP&L, so I wasn't 4 really leaving the Harris plant. I was going from one trailer !
S to a building, which was close by.
6 Q Now, if I can had you the Applicants' third panel's, i
7 testimony, which was the joint testimony of Hindman, King, 8 Joyner, Bensinger, on the assessment of employee drug i'
9 activity, page 15.
l 10 If we could have a minute to find a clean copy 11 of this.
12 (Pause.)
13 Do you have in front of you Applicants' testimony ;
tl 14 1
from the third panel?
ll
'l 15 i A Yes, I do.
I I
16 Q Can you turn to page 15 of that? .
I 17 A Yes. I am there .
Is Q Do you see a sentence right before Question 15 19 ;l that starts with the line, According to another co-worker.
l 20 f. Do you see that sentence? It is right before i
21' that paragraph that is indented, or right after that 22 paragraph that has been indented. f 23 A Yes, I do.
24 Q Can you take the time and just read that to yoursal' w c eeners ene. l-an n co _ es ~_-n n~
l l
3-JoeWal 9159 1 Q 'Did you make that statement?
2 .A .No, I did not.
l 3 Q I have no other questions on redirect.
4 JUDGE KELLEY: Thank you, Mr. Runkle. Any
's lfurther questions from assybody. l
.{
6 'MR. HOLLAR: I have two questions on Recross. '
7 JUDGE KELLEY: Okay.
XX INDEX g RECROSS-EXAMINATION 9 BY MR..HOLLAR: I 1
10 Q Ms. Miriello, was your resume attached to your 11 testimony, or to the September 6th affidavit that you filed? ;
12 A Mr. Runkle had it, Mr. Cole had it.
L 13 Q That was not the question. Was it attached l I
14 to the testimony or the affidavit? !
15 A No, I don't think.
' py y
- , ? '
16 %. MR. RUNKLE: We will be glad to stipulate it was u.. i 17 ; not attached to either one.
+ [g' 1
le JUDGE KELLEY: All right.
19
, BY MR. BOLLAR: (Continuing) 20 'O Ms. Miriello, do you know whether Daniel constructic; workers are permitted to go to the employee parking lot at 21 22 lunch time? l i
23 A I have seen'them out there. !l 24 A sne
,wi, inn.
Q Do you know whether there is a Daniel policy i
25 against their being in the parking lot at lunch without l
,, s .
.4-9160 L i-4-Jo3Wcl.
i I special permission?
/
2 A 'That is for all Daniel employees?
3 Q Construction workers.
4 A I- have seen Daniel. employees out there. Not all 5 Daniel employees are construction workers. ,
l 6 Q Are you familiar with the policy as it pertains 7 to Daniel-construction workers?
3 A No. .
9 MR. HOLLAR: That is all the questions I have.
10 JUDGE KELLEY: Okay. Ms. Miriello, that takes 11 us through the process then. We appreciate your coming. j 12 Thank you very much. You are excused.
13 (WITNESS STANDS ASIDE.)
14 MR. RUNKLE: At this time, I would like to move 1 l ;
15 ' to strike that sentence on page 15 of the third panel's- ;
16 testimony as hearsay.
l 17 JUDGE KELLEY: This is the statment in the bar? !
18 The alleged statament in the bar?
19 : MR. RUNKLE: Yes, sir.
I 20 ' JUDGE KELLEY: Comment from the Applicants?
. l l 21 1 MR. HOLLAR: Your Honor, I believe the Board l L
l L 22 has already ruled on the admissibility of the statement, i I O 23 the statement is one that is made by a trained law enforcement i
24 security official.
Neerm n nm, pre.
25 J'JDGE KELLEY: Excuse me. We are looking at I
It h 0FFICIAL USE ONLY ' '
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