ML20237F122
| ML20237F122 | |
| Person / Time | |
|---|---|
| Site: | Zion File:ZionSolutions icon.png |
| Issue date: | 07/31/1998 |
| From: | Robarge R AFFILIATION NOT ASSIGNED |
| To: | |
| Shared Package | |
| ML20237F102 | List: |
| References | |
| 98-744-04-LA, 98-744-4-LA, LA, NUDOCS 9809020076 | |
| Download: ML20237F122 (282) | |
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! UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD l Before Administrative Judges:
[
Thomas S. Moore, Chairman l Dr. Jerry R. Kline Frederick J. Shon
)
i li the Matter of ) Docket Nos. 50-295/304-LA
)
l COMMONWEALTH EDISON COMPANY ) ASLBP No. 98-744-04-LA
)
(Zion Nuclear Power Station, )
Units 1 and 2) ) July 31,1998
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AFFIDAVIT OF RANDY D. ROBARGE l
! i Under the pains and penalties of perjury, I, Randy D. Robarge, hereby affirm pursuant to 28 USC { 1746 that the following information is true and correct:
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- 1. - 1 own prope;ty, own a home, and reside year-round at the following address: 8800 Third Avenue, Pleasant Prairie, Wisconsin,53158. ,
- 2. The driving distance between my home and the gate of Plant Zion is 8.1 miles and it takes only 13 minutes and 22 seconds to drive from my home to Plant Zion 1
under normal driving conditions.
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- 3. My wife lives with me at the above address. We have lived at this address for 8 to NO"$$ N $ $$$,3 Exhibit 1 ,page- I of b
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9 years.
- 4. In 1997, I filed a Whistleblower retaliation claim against Commonwealth Edison Co. under Q 211 of the Energy Reorganization Act (ERA), the outcome of which ended in a settlement agreement. Sri Robaree v. Commonwealth Edison Co. 98 ERA 2 (1997). Upon entering into this settlement in May 1998, I was required to return all documen'.s provided to me by Commonwealth Edison Co. in discovery.
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- 5. As part of my Department of Labor (DOL) case arising from my claim under
{ 211 of the ERA, a hearing was held from May 18,1998 to May 22,1998. At the hearing, witnesses gave swom testimony confirming willful violations and the breakdown of the Quality Assurance (QA) program. The hearing transcript and record are publically available from the DOL.
- 6. As part of my DOL case, I conducted discovery and personally sat in on the depositions of a number of witnesses. During said depositions, witnesses confirmed '.he existence of"PIF wars" concerning the filing of Problem Identification Forms (PIF) by employees. PIFs are used to report nuclear safety concerns at Plant Zion. ("PIF wars" is a colloquial expression at Plant Zion which, according to the expert testimony of Mr. Allen Mosbaugh, demonstrates a breakdown of the QA program. Mr. Mosbaugh's testimony is publically available from the DOL. At the hearing of my case, many other witnesses also confirmed the "PIF wars" concept and the presence of a " chilling effect," an implication of "PIF wars" and other practices by management to deter the filing of PIFs, at Plant Exhibit S ,page A of1
i Zion.)'
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- 7. During the discovery phase of my DOL case, witnesses were questioned on intentional violations. These witnesses admitted that supervisors at Plant Zion intentionally violated procedures and that it was widely known at Plant Zion that supervisors intentionally and willfully violated procedures. At the hearing, these witnesses and others confirmed the acts of willful violation of procedures, and confirmed that management was aware of said acts of willful violation of procedures. These witnesses and others at the hearing also identified other supervisors that were identified in depositions as individuals who committed wilful violations of procedures and safety regulations.
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- 8. During the discovery phase of my DOL case, I was required by Commonwealth Edison Co. to execute a protective order from disclosing in this or any other proceedings certain information which I believe is critical to public health and L safety e.nd the merits of Mr. Edwin Dienethal's petition for intervention. It is in i
the public interest that the restriction be lifted as it relates to any filings in this proceeding.
i l 9. I contend that it is a potential environmental hazard, threat to public health and i i {
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safety and threat to the health of plant workers for Plant Zion to eliminate various j shift positions of Radiation Protection Technician ("RPT") on site at the plant. A i 1
RPT is needed on around-the-clock (24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />) shifts to quickly assess and solve l l
Exhibit 1 ,page 1._ of b l
t potential radiation problems. RPTs verify radiation dose rates and determine if l
persons working in radioactive areas may walk off the site without danger of contaminating other persons or areas. Without the presence of RPTs on around-the-clock' shifts, contaminated personnel may dangerously spread radiation 4
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throughout the plant and surrounding area. ?
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? 10. 'I contend that it is a potential environmental hazard, threat to public health and safety and threat to the health of plant workers for Plant Zion to eliminate the l
l position of Full-Time Operator. The Full-Time Operator quickly assesses and deals j- . with technical system problems that arise within the plant. Such a' position needs t
to remain open full time to ensure safety of the plant, the public and environment.
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- 11. I contend that it is a potential environmental hazard, threat to public health and L
j safety and threat to the health of plant workers for Plant Zion to eliminate some of I . .
the Radiation Protection Monitors on active systems. These monitors quantify the l amount of radiation released into the area and quantify air quality radiation levels.
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l The monitors need to be retained or replaced with updated monitors. The monitors l
or upgraded monitors also need to be maintained and serviced to assure quality detection in accordance with nuclear safety regulations and accepted safety standards. Without these monitors, improper levels of radiation may go undetected and radiation contamination may be released to the general public, plant workers, and the local environment, placing the health and safety of the community, plant l workers, and their families in jeopardy.
Exhibit 8 ,page f of bL.
f 12.' My experience'at Plant Zion spans from March 1972 to June 1998. From
- Decenk ! 489 to June 1998, I was a Radiation Protection Supervisor. That position included: supervising station and contractor radiation protection technicians; developing and implementing technician procedures; contamination control; shielding installation to reduce radiation exposure, regulating radiation dose levels for employees; overviewing station activities in the field; developing and maintaining radiation protection instmments; assisting with the health physics technical groups; and ensuring required surveillance and outage work preparation were completed.
- 13. From August 1989 to December 1989 and September 1988 to November 1988, I was the Health Physics Supervisor at Plant Zion. Prior to that, I was a Senior.
Health Physics Technician for Baltimore Gas & Electric's Calvert Cliffs Nuclear Station from March 1989 to May 1989; for Consumers Power Company's Palisades Nuclear Station from December 1987 to January 1988 and October 1987 to November 1987; for Commonwealth Edison Company's Braidwood Nuclear Station from November 1987 to December 1987; for Commonwealth Edison Company's Plant Zion from August 1986 to February 1987, July 1985 to January 1986, April 1985 to July 1985, and June 1984 to October 1984; for Wisconsin Public Service Company's Kewaunee Nuclear Station from February 1986 to April 1986; and for Florida Power & Light Company's Turkey Point Nuclear Station from March 1984 to June 1984. I was also a Junior Health Physics 1 Exhibit S ,page l of.I2._
e7/20/asse 23:20 escoceocee00 PAGE e7 l
Technician at Plant Zion from August 1983 to November 1983 and Febiuary 1982 to May 1983. Additionally,I was a Health Physics Liaison to Commonwealth j Edison Company's LaSalle Nuclear Station from February 1988 to August 1988, and I was a Health Physics Advisor at Commonwealth Edison Company's Byron Nuclear Station from July 1985 to August 1985.
- 14. I ns a Site Coordinator at Commonwealth Edison Company's Byron Nuclear 1 l
Station from December 1988 to March 1989; at Commonwealth Edison Company's Plant Zion from November 198S to December 1988; at Florida Power
& Light Company's Turkey Point Nuclear Station from February 1987 to October 1987; and at Commonwealth Edison Company's Dresden Nuclear Station from October 1984 to March 1985.
- 15. I was also an Operating Engineer with a pnvate company in illinois from September 1973 to January 1982. Prior to that, I was an X-Ray Technician at Plant Zion from March 1972 to August 1973 THE AFFIANT SAYE'1*H FURTHER NOT.
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dtM NA- V v rmy Date Randy D. Robarge Exhibit M ,page A of _ld._
- ein e uuow aAaig +-+ aussy ;;tt UO M t 09 t Z t 6 t i t 1%! O t : ZZ .111.1. W6/0C/10
I EXHIBIT 3 i i
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NOTICES OF VIOLATION (NOV) AND ENFORCEMENT ACTIONS (EA)
RESULTING FROM QUALITY ASSURANCE BREAKDOWN '
- l. NOV 295(304)/95006-016, violation of Technical Specification (TS) 6.2
- 2. NOV 295(304)/96017-04, violation of 10CFR50 Appendix B. Criterion XVI
- 3. NOV 295(304)/96017-03, siolation of TS 3.15.2.c 1
- 4. EA 95-283. LEVEL 111 violation, $50,000 CIVIL PENALTY
- 5. NOV 295(304)/96017-01, violation of TS 6.2.1.a
- 7. NOV 295(304)/96014-02 violation of TS 6.2.1.a
- 8. NOV 295(304)/96017-03. violation TS 315 2 c 9 NOV 295(304)/050141. violation of TS 4 4.2 10 NOV 295(304)/95014-11. violation of 415.1 b 3
- 13. NOV 295(304)/94014-c violation of TS 410 l a.6
- 15. NOV 295(304)/94020-1. violation of 10CFR50.59(2)(b)(1) and UFSAR s 6.3.2.2.5 Table 6.3-11 16 NOV 295(304)/93020-01 a/b. violation of TS 6.2.1 and 3151
- 17. NOV 295(304)/95016-01 violation of TS 4.10.1.a.2
- 19. NOV 295(304)/94021-05
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- 22. NOV 295(304)/97002-10, violation of TS 6.2.2.b
- 23. NOV 295(304)/96017-01, violation of TS 6.2.1.a
- 24. NOV 295(304)/96016-03, violation of TS 3.1.3.c
'7. NOV 295(304)/95018-04, violation of TS 6.2
- 31. NOV 295(304)/94021-08a. violation of TS 6.1 15,10CFR50 Appendix B.
. Criterion XVI 32 NOV 295(304)/94020-01. violation of 10CFR50 59(2)(b)(1) 33 NOV 295(304)/94019-04. violation of TS 3 9 3a l 34 NOV 295(304)/94014c, violation of TS 410 I a 6 35 NOV 295(304)/92023
- 36. NOV 295(304)/93020-01 a, b, violation of TS 6 2.1
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- 40. NOV 295(304)/97003-01, violation of TS 3.13.2.a.1
- 41. NOV 295(304)/97013, violation of TS 6.2.1.i
- 42. NOV 295(304)/97013-02, violation of TS 6.2.1.i
- 43. NOV 295(304)/94010-1.a. violation of TS 3.7.2.a and 3.7.2.e; CIVIL PEN ALTY Exhibit 3 -,page10f1
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ASSESSED
- 44. NOV 295(304)/94002-01, violation of 10CFR50 Appendix B
- 45. NOV 295(304)/97009-01 violation of TS 6.2.2.a
- 46. . NOV 295(304)/97008-03, violation of 10CFR50.54(T) 47.- NOV 295(304)/97012-01, violation of TS 6.2.1.a l
- 48. NOV 295(304)/97020-05, violation ofTS 3.14
- 49. NOV 295(304)/97019-02, violation of TS 6.2.1.a
- 50. ' NOV 295(304)/97018-05, violation of 10CFR50 Appendix B, Criterion XV
- 51. NOV 295(304)/96020-03, violation of TS 6 2.1.a
- 52. NOV 295(304)/97002-10. violation of TS 6.2 2 b 53 NOV 295(304)/94014-b, violation of 10CFR50.73(a)(2)(1)(b)
' Exhibit 3 ,page10f1
EXHIBIT 4
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NOTICES OF VIOLATION (NOV) AND ENFORCEMENT ACTIONS (EA)
RESULTING FROM FAILURE TO FOLLOW PROCEDURES
- 1. NOV 295(304)/96005-03, violation of Technical Specification (TS) 3.0.4 because TS 3.7.2 was not met
- 2. NOV 295(304)/96021-05,06, violation of TS 6.2.2.a
- 3. NOV 295(304)/96008-09, violation of TS 6.2.2.a
- 5. NOV 295(304)/950141, violation of TS 4 4.2 6 NOV 295(304)/94008 01, WILLFUL violation ofTS 6 2 2.a 7 NOV investigation Repon 3 92-008R. violation of TS 6 2 2 a
- 8. EA 95-283. LEVEL 111 violation. 550.000 CIVIL PENALTY
- 9. NOV 295(304)/95016-04 violation of TS 6 2 2 10 NOV 295(304)93014-1 a b. LEVEL 111 VIOLATION,550.000 CIVIL PENALTY, violation of 10CFR50 59. UFSAR s 910 2 II NOV 295(304)/97002-07. siolation of 10CFR50 Appendix, Criterion B 12 NOV 295(304)/97002-10. violation of TS 6 2.2 b 13 NOV 295(304)/96006-04, violation of TS 6.2 i 14. NOV 295(304)/96020-03, violation of TS 6 2.1.a
- 15. NOV 295(304)/96016-05 a.b. viotttion of TS 6.2.6.a
l 17. NOV 295(304)/96006-10, violation of TS 6.2.2.b.2 l 18. NOV 295(304)/96005-03, violation of TS 3.0.4 ,
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- 24. NOV 295(304)/97020-01, violation of TS 6.2.1 25 ' NOV 295(304)/97020-03,04, violation of TS 6.2.1
- 27. NOV 295(304)/97019-04, violation of TS 6.2.1.a i
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Exhibit N ,page 1 Of 1
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L_____________ _ _ _ _ _ _ _ _ _ _ _ _
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STATE OF ILLINOIS )
) SSt
( [l f //
COUNTY OF'L A K E )
BEFORE THE US DEPARTMENT OF LABOR OFFICE OF THE ADMINISTRATIVE LAW JUDGES RANDY ROBARGE, )
)
Plaintiff, )
I vs. ) 98 ER 2
)
COMMONWEALTH EDISON, )
)
Defendant. )
)
The deposition of RODNEY BAUMAN, called by the Plaintiff, for examination, pursuant to notice and agreement, and pursuant to the provisions of the Illinois Code of Civil Procedure and the Rules of the Supreme Court pertaining to the taking of depositions for the purpose of discovery, taken before Annamarie Block, CSR, a Notary Publio within and for the County of Lake and State of Illinois, at Commonwealth Edison Powerhouse, Shiloh Road, Illinois, on the 17th day of December, 1997, A.D., at l
the hour of 9:00 a.m.
l L & L REPORTING SERVICE r WAUKEGAN, ILLINOIS (847) 623-7580 Exhibn ,page of l l ,
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2 1 AP PEARANCES f
2 KOHN, KOHN & COLAPINTO, LTD.
3233 P Street, Northwest 3 Washington, DC 20007-2756 BY: Mr. Stephen M. Kohn, 4
appeared on behalf of Plaintiff; 5
SIDLEY & AUSTIN 6 One First National Plaza Chicago, Illinois 60603 7 BY: Mr. David Goldberg, 8 appeared on behalf of Defendant.
9 10 DEPOSITION OF RODNEY BAUMAN 11 EXAMINATION PAGES 12 By Mr. Kohn 3- 38 13 14 15 16 17 18 1
19 20 21 1
22 23 24 I
L & L REPORTING SERVICE l WAUKEGAN, ILLINOIS Exhibit jy ,pageg[ of Cf (847) 623-7580 i
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(Witnoco oworn.)
2 RODNEY BAUMAN, 3 the deponent herein, being first duly sworn, deposeth 4 and saith as follows:
5 E XAMI NATI ON 6 BY MR. KOHN:
7 Q Would'you please state your name and 8 address for the record.
9 A Rodney Bauman, 7954 46th Avenue, Kenosha, 10 Wisconsin.
11 Q My name is Stephen Kohn. I'm the attorney 12 for Mr. Robarge. Thank you for coming today.
13 Are you aware that this is a proceeding under the 14 Energy Reorganization Act?
15 A No. I'm not sure what that is.
16 Q It's a proceeding under the laws that 17 govern atomic energy and those laws -- did anyone 18 tell you that those laws protect any witness to any 19 such proceedings from any form of harassment or 20 retaliation for providing testimony?
21 A No.
22 Q Is there anything that would prevent you 23 from telling the complete truth today?
24 A No.
L& L REPORTING SERVICE WAUKEGAN, ILLINOIS (847) 623-7580 EWibh 5 , pag , J3 or 9
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1 21 Q And how long have you worked at l l
22 Commonwealth Edison? !
l 23 A Just under six years.
24 Q In terms of being a health physicist, do l
- l 1 L & L REPORTING SERVICE l WAUKEGAN, ILLINOIS C )
(847) 623-758o EW11bH gy ,pageL ; of 7
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12 Q Bave you ever heard of a concept of PIF 13 wars? ,
14 A Yes.
15 Q To you what does that mean? I 16 A It means if somebody PIF's our department, l
17 we PIF them back. If we PIF somebody else, they PIF l
18 us back to defend; because a PIF, by the nature of 19 it, kind of sounds like blame is being set upon a 20 certain party, so some people feel they have to 21 defend themselves by initiating a PIT themselves on 22 the person who PIFF'd them just because of the nature 23 of the first assigning blame. ;
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24 Q Can a PIF result in a person being j j
L & L REPORTING SERVICE WAUKEGAN, ILLINOIS C '
(847) 623-758o Exhibit b ,page-5 -Of
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9 Q Did you ever -- okay. Have vou ever heard l
l 10 of an employee named M l'
11 A Yes.
l 12 Q And does he have a nicKnamer 13 A Yes.
14 Q What do people call him?
15 A 16 Q Does he object to that name?
17 A No.
I 18 Q And just out of curiosity, at work do 19 people generally call him M or generally call l 20 him 6 21 A 22 Q And did he have a reputation concerning 23 adherence to procedures? ;
1 24 MR. GOLDBERGs Objection; calls for I L & L REPORTING SERVICE WAUKEGAN, ILLINOIS (847) 623-75so Exhibit . 4 -page { 09 h
30 l-1 speculation. To the extent you can answer the
(* 2 question, you may.
3 BY THE WITNESS:
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l A Yes, he has a reputation for generally l 5 disregarding procedures.
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' L & L REPORTING SERVICE g WAUKEGAN, ILLINOIS (847) 623-7580 $ % ,page 9 -0 j
t 37 1 A It was a Sunday when the Packers were t
- 2 playing the Bears. That's the only one I know of. j
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l 3 Q Do you know who won the game, do you 4 remember?
5 MR. GOLDBERG: Objection; irrelevant. i 6 BY THE WITNESS:
7 A I don't recall.
8 BY MR. KOHN: {
9 Q Do you remember what season that would have 10 been? Was that a year that either the Packers or 11 Bears -- I'm just trying to get a time.
12 A The last season. The season in which the 13 Packers won the Super Bowl.
14 Q Okay. Do you remember -- Strike that.
15 Now, are aware that -- have you ever 16 -- are there procedures that you are familiar with 17 for dealing with radiation protection issues?
18 A Yes.
19 Q In 1996 how would you assess the state of 1
20 those procedures? !
21 MR. GOLDBERG: Objection; vague, ambiguous.
l 22 MR. KOHN: I'll break it up.
l 23 N MR . KOEN
' i 24 -
Q Were some of the procedures out of date?
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L & L REPORTING SERVICE WAUKEGAN, ILLINOISExhibit -
,page E of 9 l (847) 623-7580 i
38 1 A Yes. i I
2 MR. GOLDBERG: Objection to the extent it '
3 calls for a legal conclusion.
4 BY MR. KOHN:
5 Q Were some of the procedures difficult to 6 follow?
7 A Yes.
8 Q And were -- did some of the procedures 9 reference you to instrumentation which no longer 10 existed on site?
11 A Yes.
12 Q What are postings?
13 A Postings are a requirement of regulation to 14 inform the workers of radiological conditions.
15 Q In 1996 what was your assessment of the 16 status of the postings of the plant?
17 A Our postings in 1996 were substandard.
18 Q And what about the radiation monitors in 19 the station in 1996, what was your assessment of 20 those?
21 A Also substandard.
22 MR. KOHN: Nothing further.
MR. GOLDBERG: Nothing.
23 24 AND FURTHER DEPONENT SAITH NOT L & L REPORTING SERVICE WAUKEGAN, ILLINOIS 623-7580 gg h _'page h Of (847)
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STATE Of ILLINOIS )
COUNTY OF L A K E ) ;
BEFORETHEUNIThDSTATESDEPARTMENTOFLABOR OFFICE OF ADMINISTRATIVE LAW JUDGES RANDY D. ROBARGE, )
)
Complainant, )
)
vs. ) Case No. 98-ERA-2
)
COMMONWEALTH EDISON, )
)
Respondent. )
)
The deposition of BRENT ROBINSON called by the complainant, Randy D. Robarge, for examination, pursuant to notice, and pursuant to the provisions of the Illinois Code of Civil Procedure and the Rules of the Supreme Court pertaining to the taking of depositions for the purpose of discovery, taken before Debra Lynn Schultz, CSR, a Notary Public within and for the County o;f Lake and State of Illinois, at 9 North County street, Waukegan, Illinois, on the 16th day of December, 1997, A.D., at the hour of S:00 o' clock p.m.
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L& L REPORTING SERVICE, INC.
(847) 623-7580 gjg (p g / Of
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17 1 A. I believe so.
3 Q. Have you ever heard of an employee named -
i 4 A. Yes.
5 Q. And does he have a nickname at work?
6 A. Yes.
7 Q. And what is that nickname?
8 A.
9 Q. Was there a time when he was a supervisor 10 in the radiation protection department?
11 A. Yes.
12 Q. About when was that?
13 A. : don't really recall.
14 Q. Was it when you were the lead supervisor?
15 A. No.
16 Q. He was not then? i l
17 A. No.
18 Q. Did he work in that department when you l 19 were the lead?
20 A. Yes.
21 Q. What did he do?
22 A. He was a decon supervisor, which is a 23 different position.
24 Q. DidMr.edllgg have any type of L& L REPORTING SERVICE, INC.
(847) 623-7580 EXilibh b ,page 1 Of e v a ah emov ane1C ** 30SSV NM GNY dr 909ftt6 tit YY3 S t : I t Giu, 96/0C/LO
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18 1 reputation concerning adherence to procedures at 2 the plant?
31 MR. GOLDBERG: -That you are aware of.
4 '. -BY MR. KOHN:
l 5 Q. Yeah.
6 A. Yes. l 7 Q. And what was that reputation?
8 A. He didn't reference procedures a lot, and 9 that would be what I would say.
10 Q. And did that cause any problems between 11' him and management, to the best of your knowledge?
12 A. I don't recall any issues that came up 13 that were significant that I can recall.
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L& L REPORTING SERVICE, INC.
(847) 623-75so Exhibit - b ,page 3 of OE0g uqoy SA83S *** DOSSV HH Gh*Y dP 909f tt6 tit YYd St:I! QiLL 86/0t/10 L_-_____-_-_________. _
i 77 12 BY MR. KOHN:
13 Q. Have you ever heard of a concept of PIF 14 wars?
15 A. Yes.
15 O. What does that mean?
17 A. Some people take PIFs defensively. A PIF 18 is supposed to bring out some problem that's -- and 19 it sometimes has been used, in some cases heavy 2o handedly, if you didn't do something I wanted you 21 to do, I will write a PIT on you, and that can --
22 and that person says keep yourself clean, or I will 23 write a PIF on you. So it ends up people !
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( 24 exchanging PIFs.
L& L REPORTING SERVICE,.INC.
(847) 623-758o Exhibit U ,page N of L _ _ _ ____ _ ____--____ --_____
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I EXHIBIT 7 i
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U.S. DEPARTMENT OF LABOR 3 OFFICE OF THE MINISTRATIVE LAW JUDGES 4 ,
RANDY ROBARGE, )
5 )
)
6 Plaintiff, )
)
7 vs. )No. 98 ERA 2
)
8- COMMONWEALTH EDISON, )
I i 9 ) !
Defendant. ) ,
10 ---------------------~~-------------
11 The discovery deposition of RONALD l 12 13 SCHUSTER, called by the Plaintiff for examination, ,
14 pursuant to notice, and pursuant to the provisions 15 of the Illinois Code of Civil Procedure and the !
16 Rules of the Supreme Court pertaining to the taking ,
i 17 of depositions for the purpose of discovery, taken 18 before Jennifer E. Baker, CSR, a Notary Public 4 19 within and for the County of Lake and State of I
20 Illinois, at The Power House, 100 Shiloh Boulevard, !
21 Zion, Illinois, on the 18th day of December, 1997, 22 A.D., at the hour of 9:00 a.m. l 23 24 w
I LEL REPORTING SERVICE, INC., 9 NORTE COUNTY STREET WAUKEGAN, IL 60085 (647) 623-7580 Exhibit 1 ,page I of P 200 !PI Uyo)( aro1S *** 30SSV HM GW ill' t091Zt6t it Wel Ot :ll till 16'0C 10
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7 8 BY MR. KOHN: i 9 Q. And have you heard of a term at the site 10 called PIF wars?
11 A. Absolutely.
12 Q. And what's your understanding of what 13 that term means at the Zion site?
14 A. That term, to me, means tit for tat.
15 Means one department writes on one department 16 making an allegation or a statement, and the other 17 department will answer back or write another PIF on ,
18 that department.
19 Q. Did you ever think --
okay. And can PIF 20 wars happen inside of a department, two people, say l v
21 you have a personality conflict? L.
w i C
22 A. Yes.
O 23 Q. Has the site management taken any steps }I
& l 24 to address the personality issues that might or the l4' 17 '
. N LEL REPORTING SERVICE, INC., 9 NORTE COUNTY STREET ,
WAUKEGAN, IL 60085 (847) 623-7580 .
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1 persor.ality conflicts that might give rise to PIF 2 wars? Have they coun'seled people about it or 3 things like that, do you know?
4 A. Yes, I do. ,
5 Q. Okay. How has that happened or when?
6 A. My own personal experience would be to ,
7 ask the individual is this really what you want to !
l 0 say, is this the facts, or are you putting emotions 9 down on the PIF. As managers, we've been I 10 instructed to ensure that facts only make it to the 11 PIF process. Don't be emotional about what you're 12 writing.
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1s L&L REPORTING SERVICE, INC., 9 NORTE COUNTY STREET WAUKEGAN, IL 60085 (847) 623-7580 Exhibit 9 ,page _d._ of $.
t00g uyoll #A#35 *** 30SSY HM UNY dl* t091Zt6 tit %YJ 1 t : 11 .lH.l. 95/0C/40
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8 9 BY MR. MOHN:
10 Q. Have.you ever heard of an employee by the 11 name of ?
12 A. Absolutely.
13 Q. And what is his in this case name?
14 A. @
15 Q. And does he object to being called M 16 17 A. Never.
18 Q. And what was Mr. M -- were you aware 19 that he had a reputation concerning adherence to 20 procedure?
j- 21 A. Yes.
l 22 Q. And what was that reputation? l 23 MR. GOLDBERG: You understand the 24 question? -
23 L&L REPORTING SERVICE, INC., 9 NORTE COUNTY STREET l WAUKEGAN, IL 60085 (847) 623-7580 Exhibit 1 ,page d of l5 000 fDi uyox oAels *** 30ssy 88 UNy dl* 9091Ztutit %U Zt;tt IH1 96'00 40
f 1 THE WITNESS: Can you clarify it? !
2 MR. KOHN: Sure. i 3 BY MR. KOHN:
4 Q. Did anyone --
did you ever learn either i 5 through --
did you have an opportunity to learn
- 6. through either direct observation or through ,
7 hearsay, just people talking, about @ ' f 8 operating modus operandi procedures and adherence ,
l 9 to procedures?
10 MR. GOLDBERG: Objection. The question 11 is vague and ambiguous.
12 BY THE WITNESS:
13 A. Yes, I can say that I have physically 14 vitnessed operating outside of the I 15 bounds.
16 BY MR. KOUN:
17 Q. Okay. And were others aware --
within 18 the department aware that he would operate outside 19 of bounds from time to time?
20 MR. GOLDBERG: Objection. Calls for 21 speculation.
22 BY-MR. KOHN 23 Q. To the best of your knowledge?
l 24 MR. GOLDBERG: To the best of your 24 LEL REPORTING SERVICE, INC., 9 NORTE COUNTY STREET WAUKEGAN, IL 60085 (847) 623-7580 Exhibit 7 ,page f of.!.i l 100 g uyOg SA*35 *** 30SSY HM QNY dr 90912t6 tit %Yd Ct:ll .lH1 9 5 '" ' !"
1 knowledge. l 2 BY THE WITNESS: l l
3 A. To the best of my knowledge, yes. !
4 BY MR. KOHN:
5 Q. And now to follow it up with that last 6 question, would it be fair to say that his 7 reputation among the supervisors was one of someone 8 who did not strictly adhere to procedures?
9 MR. GOLDBERG: Objection. Calls for 10 speculation.
11 BY THE WITNESS:
12 A. Yes. l 13 BY MR. KOBN:
14 15 16 17 l 18 19 20 i
21 l 22 l 23 l 24 -
l 25 L&L REPORTING SERVICE, INC., 9 NORTE COUNTY STREET c
WAUKRGAN, IL 60085 ( 847 ) gg758 M ,page 14L l
-- , , , , , , , ,, m ... nnecy xx ns, a,. ,o.ir,,,,, ,,4 ,. , : , , ,,, ..,n,,n )
i I
1 I
. I
! )
I j 1 A. Yes.
2 Q. Tell me about your assessment of the i 3 condition of those procedures in 1996.
4 MR. GOLDBERG: Objection. Vague and 5 ~ ambiguous. The condition of the procedures?
l
.6 Mr. Kohn, you mean physically how they were 7 situated?
8 MR. KOHN: No, I am talking about the 9 content.
I 10 MR. GOLDBERG: He just testified that he 11 never looked at them in 1996, so how are you asking 12 him to assess the condition of them?
13 MR. KOHN: Well, let me just clarify 14 logical that. I 15 THE WITNESS: Uh-huh.
16 BY MR. KOHN:
17 Q. In 1996, had you had an opportunity to I l
18 review the ZAP or ZRP procedures which were l 19 applicable to the Radiation Protection Department? !
20 A. Absolutely.
21 Q. Okay. And when you reviewed them, were 22 you able to form an opinion as to the condition? l I
23 I'm not talking about whether a page was torn. I'm i
j 24 talking about the content of those procedures.
l !
I 29 f
j L&L REPORTING SERVICE, INC., 9 NORTE COUNTY STREET WAUKEGAN, IL 60085 (847) 623-7580 Exhibit ~1 ,page 1 of 1 600g uqox aAals *** 30SSV HH GNY dr t09tZt6 tit YY.i tt:11 .1H1 16/DC 10
t 1 A. Yes.
l i
2 Q. Okay. And what was your assessment as to 3 the content of those procedures?
4 MR. GOLDBERG: Objection. Vague and 5 ambiguous.
6 BY THE WITNESS: i 7 .A. Some of the procedures were in a great 8 state of disrepair, needed much work. Some were 9 middle of the road, gave pretty good guidance to 10 individuals and technicians. And some were in 11 great shape.
12 BY MR. KOHN: ,
13 Q. Okay. Did some of the procedures 14 reference instruments that no longer existed ,
t 15 on-site? )
16 A. That is a true statement.
17 Q. And were some of the procedures l
18 confusing?
19 MR. GOLDBERG: Objection. Vague and .
l 20 ambiguous. Calls for speculation.
21 BY THE WITNESS:
22 A. Yes.
23 BY MR. KOHN:
24 Q. Now, what's the relationship between --
30 L&L REPORTING SERVICE, INC., 9 NORTE COUNTY STREET WAUKEGAN, IL 60085 (847) 623-7580 Exhibit 1 ,pagelof S Olog uyo)I BA83S *** DOSSV till UNY di' t091Zt6 tit %Yd t t : l l .llt.L 6 5 /DC ~!.0
1 if you're to do a job, should you always check 2 both -- and you needed reference to a procedure, 3 would it be appropriate, should you always look at 4 the ZAP and the ZRP procedures, or would just be 5 going to one or the other sufficient?
6 A. You need to clarify the question. 1 l
7 Q. Okay. What's the relationship between i B the ZAP and the ZRP procedures?
9 A. A ZAP is a Zion Administrative 1
10 Procedure. It is all encompassing. It covers j
'll everybody here on-site. Every Commonwealth Edison 12 employee, contractor, that works within the realm 13 of this station is held responsible fe; Zion 14 Administrative Procedures. ZRPs are Zion Radiation 15 Protection Procedures, and those will affect and '
16 should be adhered to by members of the Radiation 17 Protection Department here at Zion Station and 18 contractors that work for them.
19 Q. Okay. So as I understand your answer, i
20 the ZAP, the Radiation Protection Department, as i 21 all other departments, would have to conform their 22 work to those requirements?
23 MR. GOLDBERG: Objection. That's not a 24 question, Mr. Kohn. Testimony speaks for itself.
31 L&L REPORTING SERVICE, INC., 9 NORTH COUNTY STREET WAUKEGAN, IL 60085 (847) 623-7580 Exhibit G ,page 9 of.5 Il0g UyoM UA03S *** DOSSY HH UNY dr 709 tZt6t it XYd St :ll .tiLL 96/DC/40 L
l l
)
i 1 Mr. Schuster, you don't need to 2 respond to Mr. Kohn's testimony.
3 MR. KOHN: Sure.
4 BY MR. KOBN: i 5 Q. Is that a correct assessment? q 6 A. Yes.
7 Q. From time to time, would there be a 8 conflict between the two?
9 A. Yes.
i 10 Q. Now, the testimony you gave about some of 11 the -- you know -- some the problems with the 12 procedures, was that true of both the ZRP and the 13 ZAP Procedures or just mostly the ZRP?
14 A. Need to clarify.
i 15 Q. In other wordo, you testified earlier 16 that there was a -- that some of the procedures ,
17 were in a state of disrepair. Was that --
did that 18 apply to both ZAP and ZRP Precedures?
19 A. Yes.
20 Q. Okay. Now, in or about October of 1996, 21 did you -- did you supervisor or assign an employee !
22 to perform a study of radiation work permits and 23 whether the RWPs which had been done or some of 24 them which had been done in 1996, how they matched i
32 L&L REPORTING SERVICE, INC., 9 NORTH COUNTY STREET
- WAUKEGAN, IL 60085 (847) 623-7580 Exhibit 1 ,page10- of S ET0g intoy eAo25 *** 30SSV HH G.W dr t09tEt6 tit IV4 St:tf flE.L 96/0ce40
1 up with the ZRP procedures?
2 A. You need to clarify it. I 3 Q. Okay. You know what an RWP is, correct?
4 A. Yes, I do. It's a Radiation Work Permit.
5 Q. And when an RWP is written, as I 6 understand it, it's supposed to conform to the l
7 requirements and the procedures, the work as set q 8 forth there?
9 MR. GOLDBERG Objection. There's no i 10 question yet.
11 BY MR. ROHN:
12 Q. Correct? j 13 A. That is a true statement. .
14 Q. And did there come a time in 1996 in 15 which an employee, not you but another employee, in 1
16 the department looked at, compared RWPs with the 17 procedural requirements in the ZRP? ]
18 A. Yes.
19 Q4 Okay. And who was that employee?
20 A. I can't recollect that name at this '
21 time. i 1
22 Q. Okay. And when that was -- and did that l 23 employee inform you of the results of the study l I
l 24 that he made?
33 L&L REPORTING SERVICE, INC., 9 NdRTE COUNTY STREET WAUKEGAN, IL 60085 (847) 523-7580
,page ll l' Exhibit ,
ofm
/ CT0g intoy 4Aa25 *** DOSSV VH GhY dr 709TEt6 tit TYd St:TT aEl 86/0c/10
l l
1 MR. GOLDBERG: Objection. Calls for 2 speculation.
3 If you recall, Mr. Schuster.
4 THE WITNESS: I need a break.
5 (Brief-recess taken.)
6 BY MR. KOHN:
7 Q. Okay. So did there come a time in --
9 were you informed of the r e s'a l t s of this comparison 9 between the RWPs and t'he ZRPs?
10 MR. GOLDBERG: Objection. The question 11 is vague and ambiguous.
12 BY THE WITNESS:
13 A. Yes, I have been made aware of several 14 ' discrepancies throughout time. '
15 BY MR. KOHN:
16 Q. . And did you receive a written memo
! 17 confirming that?
18 MR. GOLDBERG: Steve, I think that the 19 inherent difficulty, as Mr. Schuster's answer just
! 20 indicated, is that you seem to be trying to discuss 21 a one-time incident, and Mr. Schuster is indicating 27 -to you that he's known about similar related things 23 -over a period of time, so I think he needs a little 24 time frame or some sort of better parameter defined 34 L&L REPORTING SERVICE, INC.,
Exhibit i 9 NORTB COUNTY Bh r
hof I' WAUKEGAN, IL 60085 (847) 623-7580
1 in the question.
2 BY MR. KOHN
- 3. Q. Okay. In terms of the several 4 discrepancies over a period of time, what period of 5 time are we talking about? !
6 A. Years.
7 Q. Was your supervision aware of that?
-8 A. Absolutely.
9 ,
10 ;
11 12 13 14 15 , i 16 17 .
I 18 19 20 21 22 l
23 .
24 Q. Okay. Now, when did you learn that over 35 l
L&L REPORTING SERVICE, INC.,.9 NORTE COUNTY STREET l WAUKEGAN, IL 60085 ( 84 7 ) Empit7 s s o1,page d of.li 4
f l
1 the years there may have been some of these 2 discrepancies between the RWPs and the ZRPs?
3 MR. GOLDBERG: Objection. Calls for 4 speculation, is vague and ambiguous. Do you mean 5 every incident when he learned about various --
6 BY MR. KOHN:
7 Q. Would say this something you learned 8 about three or four years ago, or was it something 9 that was essentially discovered at a certain time?
10 MR. GOLDBERG: Do you understand the l
l 11 question?
l 12 THE WITNESS: You need to clarify it, l
13 more specific.
! 14 BY MR. KOHN:
15 Q. Okay. When did you first become aware 16 that there might be a discrepancy between what was 17 on an RWP and what the procedures were in a ZRP?
18 A. 1982.
19 Q. Okay. And calling your attention to l 20 1996, in that year did you become aware -- was 21 there any review done of RWPs written in 19967 22 A. Yes.
23 Q. Okay. And approximately when was that 24 review completed?
36 Exhibit 7 , pace N r.' b' L&L REPORTING SERVICE, INC., 9 NORTE COUNTY STLEET WAUKEGAN, IL 60085 (847) 623-7'90
i l
l l
l l
l EXHIBIT 8 l
f l
I I
)
l 1
1 4
1
ORIGl%L UNITED STATES DEPARTMENT OF LABOR OFFICE OF ADMINISTRATIVE LAW JUDGES RANDY D. ROBARGE, )
)
Plaintiff, )
)
vs. ) No. 98-ERA-2
)
COMMONWEALTH EDISON ) ,
COMPANY, ) l
)
Defendant. )
) )
i i
The deposition of JOHN C. MBYERS, i
called by the Plaintiff, for examination, pursuant j to notice and pursuant to the Rules of the Supreme Court pertaining to the taking of depositions for the purpose of discovery, taken before Renee S.
Boubin, CSR, a Notary Public within and for the County of Lake and State of Illinois, at the Power House Museum, 100 Shiloh Boulevard. Zion, Illinois, on the 16th day of December, 1997, A.D., at the hour j of 12:00 o' clock p.m.
Exhibit E ,page I of tt0g uyo)l OA01S *** 30SSY HH UNY di' t09 t Et6t it XYd 0S :11.!H.L S6/0C/40 l
l ._._ _______________;
r-l l
1 2
l 3 Q. Tell me a little bit about his say 4 reputation.
What was 4 's reputation as a 5 supervisor?
)
6 A. His reputation with who?
7 Q. With the other supervisors.
8 A. g is a less technically inclined 9 supervisor. i 10 <
11 12 13 14 15 1
16 was a , !
1 17 supervisor who might not have adhered to procedures.
4 it He may have been considered a supervisor that looked 19 the other way, not necessarily held the workers, 20 technicians accountable to the standards that were 21 necessary frar the position.
22 23 -
34 vm=~.t : c~ s.
y.: .g.. Exhibit - E ,page 1 ofN u .+.i+ 5 6 -r k ~
24 SE0g uyoy eA83S *** DOSSY 88 QNY dr t09tEt6 tit XYd IS:ll (1}{1 86/0C/40 i
2 Q. Did you ever -- have you ever heard of 23 the phrase PIF wars, a phrase used down at 24 Commonwealth Edison?
Exhibit I ,page 3 of 66 6Z0g uyo] GA03S *** DOSSY 88 0.NY di' t0313t6 tit XYd ES:11 nEL 96/0C/10
1 l
l 1 A. I have heard that phrase, yes.
2 Q. What's your understanding of what that i
3 means, what that refers to?
4 A. I guess when you have a problem you !
5 l document the problem and can result in somebody else E
documenting a problem back on your department and so 7 on. l 8 Q. Essentially that some employees -- in j l
9 other words, some employees may be upset if a PIF l i
(
10 was written about something they did, so they may
(
11 turn around and write a PIF on something whoever 1
, 12 wrote the PIF on them did. Is that what we are kind l
13 of talking about here?
l 14 A. Yes. That can be considered as a FIF l i
15 war, yes. I i
l l
l i
I
, Exhibit I ,page Y nf Y 67 I ogog ugoy aAB3S +++ 30SSV FH UNY d!' t 091Z tS t i t XVd Z S : l ! :litt. 96/DC/LO I
L__________. _ _ _ _ _ _ _ _ . ._ .-
l EXHIBIT 9 l
---._.3.,_____ r ,r i
1 UNITED STATES DEPARTMENT OF LABOR j 2- ;
'3 OFFICE OF ADMINISTRATIVE LAW JUDGES l 4 1 5 In the Matter of:
6:
7 Randy D. Robarge :
8 :
9- Complainant :
~10 :
11 Lys. : Case No. 98-ERA-2.
o- 12 :
u .13 Commonwealth Edison :
14 :
15 : Respondent :
16-17 Hearing held at 18 Kenosha County Center 19 Highway 45 & 50, Room A 20 Bristol, WI 53104 ,
21 22 'on Monday, May 18, 1998 23.
24 The hearing in the above-entitled' matter commenced, 25 pursuant to notice, at 11:12 a.m.
26 27 28 BEFORE: HONORABLE THOMAS F. PHALEN, JR.
29 Administrative Law Judge 30 31 APPEARANCES:
32
'33 On Behalf of the' Complainant:
34 4 35 Michael Kohn, Esquire 36 Steven Kohn, Esquire &
37' David Colapinto, Esquire 38 3233 P Street, N.W.
j39 Washington, DC' 20007-2756 40 14 1 On Behalf of the Respondent: i 42 43 David A. Goldberg, Esquire &
44 Richard F. O'Malley, Esquire i 45 Sidley & Austin 46 One First National Plaza 47 Chicago, IL 60603 48 HEARING TRANSCRIPT 49 l 50 Reported by: l
- 51. Brad Weirich ;
52 Court Reporter )
YORK STENOGRAPHIC SERVICES, INC.
York, PA 17401 - (717) 854-0077 6
Exhiht --,page I of M i
Page 2 L
l- . - _ _ _ _ _ - - - - _ - _
3 t (
1 WITNESS DIRECT CROSS REDIRECT RECROSS 2 ~
3 For the Complainant:
4 s 5 Ronald Schuster 80 153 158 6 Allen Vedder 161 212 216 217 7 Gerald Ruffolo 219 250 255 l
8
- 9 For the Respondent
l l 10 [None) i 11 ***
l 12 EXHIBIT FOR IDENTIFICATION IN EVIDENCE l
1 13 ALJ-1 through 4 7 7 l
l 14 j
"i JX-1 through 17 8 9 16 JX-18 through 65 15 15 i 17 [ Originally RX-1 through 21,
( 18 24-27, 36-41, 44-51, 54, l 19 63-65, 68, 70-73]
20 l 21 CX-1 through 35 15 l 22 23 CX-20 246 248 24 l 25 CX-32 206 206 ]
26 1 l
l I
i l
e
~
YORK STENOGRAPHIC SERVICES, INC.
York, PA 17401 - (717)'854 0077 Exhibit - -,page- b of. 8C.
1
_j
, s ,r, nc 219 1 Spell your last name.
2- THE WITNESS:
3 Ruffolo, R-u-f-f-o-1-o.
4 ADMINISTRATIVE-LAW JUDGE:
5 Your witness, Mr. Kohn.
6 MR. STEVEN KOHN:
7 Thank you, Your Honor.
8 ***
9 GERALD.RUFFOLO, 10 ' called as a witness, having first. 'been duly sworn, 11' according to the law, testified as follows: ,
12 D: RECT EXAM:NAT:ON 13 BY MR. STE7EN KOHN:
14 Qi Mr. Ruffolo, are ycu married?
15 A. Yes, I am.
16- O. And do you have any children?
A. Yes, : hate one chi'.d, age ~five, and T.y wife 17 ,
l 18 is eight and a half months pregnant to within a couple l 19 weeks. l 20 Q. And did you...
21 22 ADMINISTRATIVE LAW JUDGE: ,
23 You could be called at any moment.
24 THE WITNESS:
l 25 I hope not.
[.
YORK STENOGRAPHIC SERVICES, INC.
York, PA 17401 -
(717) 854-0077 Exhibit 9 , pag of /@
l l l l ;
1 Page 219 o_____________
Tsayf.as 3 le 220 1 ADMINISTRATIVE LAW JUDGE:
2 'All right, .go ahead. Go ahead.
3 THE WITNESS:
4 I just - called her ten minutes ago. Everything's 5 fine.
6 ADMINISTRATIVE LAW JUDGE:
7 Okay, go ahead, Mr. Kohn.
8 ***
9 BY MR. STEVEN KOHN:
10 Q. Can you briefly describe your employment in j l
11 the atomic energy industry prior :o coming to comed.
12 A. Yes, before ! came :O Comed ! worked seven i 13 years as a :=ntra::cr for a company called Atlantic Nuclear i 14 Services. That was fr m February Of 1984 until March of '
15 1991.
16 Q. And when did you star; work at C=mEd?
17 A. I started work at C:mEd in March Of 1991 as a 18 station laborer. I was there.as a station laborer for my 19 first ten months at Comed.
20 Q. And then did you get another position?
L 21 A. Yes, I was promoted to radiation protection 22 technician, B level, in Ja7uary of 1992.
23 Q. And in 1994?
24 A. I was promoted to A technician in January of 25 1994. ,
YORK STENOGRAPHIC SERVICES, INC.
York, PA 17401 -
(717) 854-0077 l J
Exhibit ,page of S Page 220 L_ _ _ _ ______________
v ,1, io -
l 221 1 Are you considered a member of management cnr 1 Q. I 1
~2 the union?
I am union,. bargaining union employee, or was 3- A.
1 4 a bargaining union employee.
5' Q. And do you know Mr. Randy Robarge?
6 A. Yes, I do.
f
-7 Q. And would you consider him a friend? l 8 A. 'Yes, at this time I consider him a friend.
was an acquaintance.
9 'When I first arrived at the plant, he I was not close to Randy.. I knew him through having played 10 11 softball against him, but : did . net know him other than )
1 21 that.
that he's_ a friend of 13 C. And does the fae:
.ycurs, would tha: impa : s a'."_ en your testim:ny :: day?
14 15 A. Nc, I'm here to nell the truth based on wha:
16 ths facts are as ! see them.
17 ~C. Did M.r. Robarge ever supervise you?
A. Yes,' Randy was my direct supervisor from the 1 18 f
'l 19 time:I entered the department in January of 1992 until his ;
'20 exit from the department.
And have you been supervised by the other- ,
21 0 22 radiation protection supervisors?
A. Yes, I have. I was supervised by all of them 23 24 on basically an' equal time basis from the moment I entered l I
25 the department.
I i
YORK STENOGRAPHIC SERVICES, INC. .
Ycrk, PA 17401 -
(717) 854-0077 Exhibit ,page of Page 221
T.eyf ran 310 227 1 BY MR. STEVEN KOHN:
2 Q. And again, based upon either comments that 3 these supervisors said, other than Mr. Randy Robarge, or 4 your direct observation of what they were doing with Toni 5 Meyers, did you ever form an opinion as to whether other 6 supervisors shared your concerns?
7 A. Based on what they thought?
8 Q. Yes.
9 A. Yes, on one particular instance I completed a 10 cask and went out and did another task that was previously 11 assigned to Ms. Meyers. And the supervisor by the name of i 12 Jchn Meyers made the commen :: me he really thanked me and 13 appreciated me for taking care of that thing and cid me 14 that he wished that Teni would get s work ethic similar to 15 mine. ,
16 C. Have you ever heard of ar RF superviser by the i 17 name of h ?
18 A. Yes, I have. i 19 Q. Are you friends with him?
20 A. Yes.
21 Q. And did he have a nickname on site?
22 A. Yes, M 's ni:.kname is "h" 23 Q. Did he have a reputation concerning adherence 24 to procedures?
25 A. dEEbE.' s reputation at Zion Nuclear Plant is l YORK STENOGRAPHIC SERVICES, INC.
York, PA 17401 -
(717) 854-0077 Exhibit ,page A of d Page 227 L
fiavfesa ) ed 228 l
1 that he knows how to get things done quickly and he knows
~2 how'to do things to-bypass procedure ~ .
3 Q. To bypass procedure?
4 .A. Yes.
5 Q. And- was 'this, based' upon your observation,
>6 well known to just about everyone on site?
7 A. Yes, it's commonly.known throughout the plant.
it Q. Did you ever witness -him not following 9 procedures?
10 A. Yes, I did. One particular instance would be 1~.l involving the Unit 2 cavity during -- excuse me, Uni: 1 1
12 ' cavity during the last Unit- 1 outage. *de were d:ing
--"-4-a area 13 ~ : surveys in the cavity a-d -a= cavi:y was 14 pested as jus: a simple contaminated area. Ac.d our
'15 instructi:ns were by procedure and from :her- upper 16 management'in .the department were that if we found a thing
~ 17 called a h:: partic2e, that we were :: evaluate tha area i
18 to be se: up as what. is known- as a red zone. And that 19 would definitely slow work down. And it was identified by 20 another technician hat a hot. particle was indeed found and
, )
21 .a follow-up survey also found a hot particle. And1gggy's i
l 22 response to that was don't worry about it, there's no such 23 thing as hot particles.
o 24 Q. And did you in fact create the red zone?
- 25 A. No , we did not at that time. It got created, YORK STENOGRAPHIC SERVICES, INC.
York, PA 17401 -
(717) 854-0077 Exhibit 9 ,page 7 of lf 1
i Page 228
v rw a 229 1 I believe, on day shift the next day. The following day I 2 was off. I do recall when I came back that it was a red 3 zone.
4 Q. How would you compare Mr.sadEba' adherence to 5 procedures to Mr. Robarge's?
6 A. There's really no comparison. Randy adhered l 7 to procedures much more vigorously than 6 ever 8 did.
9 Q. And do you know if Mr. qgBEF is still working 10 on site?
11 A. Yes, he is. He is, I believe, now an !
12 Operating supervisor.
In addit ien c Mr . JWWER , did y:u ever wi: ness j 13 Q.
i 14 a. y other F. P supervisor knowingly vi: late a rad waste i
15 procedure? ,
I i
16 A. Yes, I witnessed along the same lines in, '
17 believe, the same cavity Mr. Q , who is a firs:- {
l 18 line supervisor, basically do the same thing. I discovered l l 1
19 what I believed was a hot particle and I called out to 1EEb {
l 20 at the rad office and told him this, that, " Hey, I've got a 21 hot particle down here in the --
that I found in the 22 cavity." And he said, "No, you didn't." I said, "What do 1
23 you mean?" He goes, "You don't want to find a hot particle l down there; take care of it; just get rid of it." l 24 25 YORK STENOGRAPHIC SERVICES, INC.
York, PA 17401 -
(717) 854-0077 I
Exhibit 1 ,page b of d l
Page 229
-.-_-----___.__._b
v ,r, 3n 230 1 MR. GOLDBERG:
2 Your Honor, I ask that the hearsay be stricken from 3 this witness' testimony.
4 ADMINISTRATIVE LAW JUDGE:
5 Well, let's find out if he took any action in 6 relation to -- I'm more interested in the action 7 than the substance.
8 i
9 BY MR. STEVEN KOHN:
10 0 And what happened after you received that 11 instruction or those comments?
12 A. I followed direction of the supervisor and got ,
13 rid of it. l 14 Q. Does Mr. 44BBh still work on site? i i
15 A. Yes, he does. He is a'.so an operating i i
16 superviscr. l 17 C. And do you know a Mr. 945ps?
l 18 A. Yes, I do. l I
19 Q. And what position did he hold in 1996? l l
20 A. h was and still is a radiation 21 prot'setion supervisor.
22 Q. And he currently works on site?
23 A. Yes, he does.
24 Q. Did you ever have an interaction with Mr.
25 which you interpreted it as he was bypassing a 4lEEDL in YORK STENOGRAPHIC SERVICES, INC.
York, PA 17401 -
(717) 854-0077 I i
C Exhibh G .nnnn i nf IS Page 230
%,m n 231 1 procedure?
2 A. Yes, I recall a . time when we still needed to L 3 wear a thing called finger rings-while...
L 4 ***
5 ADMINISTRATIVE LAW JUDGE:
6 Finger rings?
7 THE WITNESS:
8 Yes, the. thermal luminescent dosimeter is the l 9 thing that reads radioactivity, absorbs the L 10 radioactivity and it gets accredited :: your dese.
i 11 And we have a thing called a finger ring. It goes !
i i 12 -- cr a::ually a Oce ring if you were i: -
you 13 were : on your toe or en you finger. :: easures 14 the amount of radiation :: y ur extremities. A:
(
tha: time we were doing a source.ca' braticn and on :
15 .
1 16 the books in the pr:cedures it was required tha:
l 17- you wore finger rings for this cal:bration. We l, 18 began to do the calibration and noticed that 19 myself plus another individual did not have finger 20 rings, which I stopped the job and I called 1 Ebb > {
21 aggggg and I said, " Listen, we're supposed to have 22 finger rings for this." And he said, "Well, how 23 far are you into the calibration?". I said...
24 MR. GOLDBERG:
25 Your Honor, same objection to the extent we're l
I YORK STENOGRAPHIC SERVICES, INC.
York, PA 17401 -
(717) 854-0077 i
Fblhlt nann nf Page 231 ,
l L_--_-_-_-_-__-__-___ - _ _ _ _
%,r, n, 232 l 1 getting other narrative with_ multiple layers of 2 hearsay.
3 ADMINISTRATIVE LAW JUDGE:
4 What if anything -- pick it up. He's got an 5 objection based upon what he said. It's hearsay.
6 Did he do anything in relation to it?
7 MR. STEVEN KOHN:
8 Your Honor, because the perscn -- these comments 9 are essentially an admission Lgainst interest by 10 the company and a management person 'for the 11 company. I don't think that this contains any 1
12 hearsay under the definition of hearsay. j l
13 ADMIN!STRAT!VE LAW JUDGE:
14 What's your response?
15 MR. GOLDBERG:
16 Objection.
I 17 ADM:NISTRAT VE LAW JUDGE: ;
l 18 Okay, go ahead with the testimony. He's right.
L 19 Your testimony.
l 20 THE WITNESS:
21 Okay, his response was, "Well, how far are you into 22 the calibration?" And'I told him that we were not
'23 quite halfway into it. He said, "Well, you can
-24 probably get that done, what in about another 15 25 minutes?" And I said, " Yeah." He goes, "Why don't YORK STENOGRAPHIC SERVICES, INC.
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Tawfesa J 64 233 1 you;just--finish.it. Don't worry about the. finger
-2 rings."
3 4 BY MR.' STEVEN KOHN: 5 . Q. And what 'did.you do? 6 A. 'I. questioned him and I said I don't really 7 think'that's the right way to do business. He said,." Hey, 8 don't worry about it; i't's not that big of a deal." The we were working with'was not'that high a power
~
9 source:that 10
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of'a source.and finger rings are more needed, according to
- 11 him, for- the higher power source. And I said ckay and I l'2 agreed to f:.nish the job very 'shcr:1y.
13 O '. Did Mr. Rotarge.ever give you instruction to
- 14 viclate procedures?
-15 A .' No.
16- Q. Cal'ing' . your attention to -he i 17 September /Oc:cber 1996 time period,- were- you asked to to determine if- l 18 review radiation protection. procedures l 19 there had been violations concerning' the radiation work L 20 permits
- i 21 A. Yes, I was. In September, I believe it was L- 122 the second week of September, we had what was known as a 23 stand down. There were some critical errors being made 24 within the plant. We had just started an outage. The then l-l :25 site vice president, John Muller, declared that we would YORK. STENOGRAPHIC SERVICES, INC.
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r ,1, m i 234 -' 1 have--a stand down until all the work departments had shown 2- him:that -they were ready to go back to work. And I was 3 instructed at what would be the evening meeting, 6:00 in j 4 the evening, .that my . job was to review RWPs and/or-5 procedures to make sure that things were correct. l 6 Q. And did you in fact conduct a review of'the i 7 RWPs and procedures in or about September 1996? l 8 A. Yes, I did. I i 9 Q. And what did you find? j' i 10 A. We had- approximately 300 RWPs, radiation work 11 permits, on. file for work at that time. : went through l 12 each one. And out of 300. I found appr:ximately 70 that I !' 13 had things :nat.needed corrections. Scre were simply minor
'14 typographical'. errors. Two in particular were a: tha: time 15 direct precedure violations.
L 16 Q. And can ycu describe for :he : urt wha: the L 17 direct procedure viOlati0ns were that y u remember? l i .18 A. Yes, we had one RWP that was for working in an . 19 area Known as the pump deck for an activity kncwn as sludge j 20 lancing. This RW.P allowed the worker to work within a dose I l 21 rate field of up to 15,000 milligram. In one of our ZRPs j i
, i 22 at that time we had a blanket statement that stated that l l
23 work in a dose rate field of greater than 3000 milligrams i L 24 per hour had to be approved by.the HPSS. And nowhere on i 25 that.RWP was there any approval given. It was just simply YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Exhibit k .oa0e of N Page 234 i
l l fen,Tesa 314 l: 235 L 1- ' signed by a supervisor and an ALAR analyst. 2 Q. And did that raise any safety concern to you? 3 A. Yes, at that time Mr. Greg Kassner was the rad 4 protection outage. coordinator on our shift. Greg Kassner . l 5 .was the rad protection manager before Walt showed up. I ( 6 brought to his attention. the fact that this problem-7 existed, that it was something -- either the procedure l 8 needed to be changed or the RWP needed to be changed in 9 order for this work permit to be allowed to work on this. l 10 Mr. Kassner noted that in a log book that as I read it it 11 said Jerry Ruffolo made a very keen observation regarding l 12 this RWP. The procedure states that it violates -- that it , I- , 13 is a violation and you cannot work tn a ccse rate field of 1 i 14 greater than 3000 milligrams per hcur without HPSS l
- i. 15 approval.
16 Q. And do you know if anyone get disciplined for 17 this *riolation of procedure that you identtfied? 18 A. No, nobody got disciplined. Nothing was ever 19 done at all either. 20 Q. And although you were talking with Mr.
- l. 21 Kassner, was Mr. Strodl the manager of the department at 22 the time?
23 A. Yes, he was. 24 Q. And did this raise a health and safety issue 25 with you? YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 C Edbf. '
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Tea,T.n4 ::4 432 1 THE WITNESS: 1 2 My name is Russell Scott Satterfield. I live at ] 3 3000 James Avenue, Winthrop Harbor, Illinois. 4 COURT REPORTER: 5 Could you spell your last name, please? 6 THE WITNESS: 7 S, as in Sam, A-T-T-E-R-F-I-E-L-D. 8 *** 9 RUSSELL SATTERFIELD, 10 called as a witness, having first been duly sworn, 11 according to the law, testified as follows: 12 DIRECT EXAMINATION 13 BY MR. STEVEN KOHN: 14 Q. Mr. Satterfield, are you currently employed? 15 A. Yes, I am. 16 Q. And where do you work? 17 A. Commonwealth Edison. 18 Q. At what location? 19 A. Zion Station. 20 Q. And how long have you worked there? 21 A. Seven-and-a-half years. 22 Q. And are you a management or a union employee? ] 23 A. I am a bargaining unit e:moloyee. ] 24 Q. And do you know Mr. Randy Robarge? ! 25 A. Yes, I do.
- i l
YORK STENOGRAPHIC SERVICES, INC. ! York, PA 17401 - (717) 854-0077 l 2xhibit ,page of.d. Page 172 I
u,r,.0 m 433 1 Q. Would you consider him a friend? 2 A. Yes. 3 Q. Is the fact that he may be your friend -- does 4 that, in any way, interfere with your ability to tell the 1. 5 truth today? 6 A. No, it will not. 7 Q. If I was to ask you a question which might be 8 harmful to Mr. Robarge, would you answer that truthfully? 9 A. Yes. 10 Q. And what department in commonwealth Edison do 11 you work in? 12 A. Radiation protection. i l 13 -Q. And how long have you worked in that-l 14 department? l 15 A. Approximately five-and-a-half years. l 16 Q. And did Mr. Robarge ever supervise you? 17 A. Yes, he did. L 18 Q. My question for you, Mr. Satterfield, is do l 19' you file PIFs at work? 20 A. I have, yes. l ! 21 Q. Will you now? Do you -- is that something you l 22 want to do? 23 A. No. 24 Q. Why don't you want to file FIFs? 25 A. The process isn't very good. i YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 b of/[ hhibit - -,page l Page 173
Tusyfran ) :. 434 1 Q. And what is wrong with the process? 2 *** 3 MR. GOLDBERG: 4 Objection, Your Honor. It calls for speculation. 5 ADMINISTRATIVE LAW JUDGE: 6 Well, I think he can state his view as to why he is 7 not going to do it. Go ahead. i 8 THE WITNESS: 9 It doesn't quite work well because they never come 10 back and interview me. They -- I -- let's say, I 11 e write the PIF. It would then go out and be f 1 and just the results be l 12 completely resolved -- 13 given to me and I would read it and say, well, this 14 isn't correct. 15 16 BY MR. STEVEN KOHN: 17 Q. In terms of finger pointing, does that ever 18 happen or do you have that concern about a FIF? 19 20 MR. GOLDBERG: 21 Objection, Your Honor. The time frame? I 22 MR. STEVEN KOHN: l t 23 1996. 24 THE WITNESS: i l 25 I believe that was happening, yes. l l YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 1
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%% : i4 435 1-2 BY MR. STEVEN'KOHN:
3 Q. And did that raise an issue for you 4 personally, in terms of your willingness to file PIFs? , l 5 A. Yes. 6 Q. What'was that concern? ; 7 A. That the process was meant to fix a problem, j 8 not get a certain individual it. trouble. So at that point, 9 I would either just fix the problem myself in the field j i i 10 with the person that was in question. 11 Q. And why -- and how does finger pointing relate 12 to that? 13 A. Some people would take that as -- I -- if 14 someone did something wrong, if I were to write the PIF on 15 the problem _they did, they would take it personally. 16 Q. Did you ever -- when is the last time you 17 filed a PIF? 18 A. I don't recall. It has been quite a while. 19 20 MR. STEVEN KOHN: ; 21 Nothing further. I 22 ADMINISTRATIVE LAW JUDGE: \ l 23 Do you have any cross? I 24 MR. GOLDBERG: 25 One moment, Your Honor. YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 I Exhibit ,page /7of fn , Page 175
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l l l EXHIBIT 10 i i
r ,r :u 948 1 Yes, Your Honor, that's' correct. Thank you. 2 MR. MICHAEL KOHN: 3 Thank you, Your Honor. 4 ADMINISTRATIVE LAW JUDGE: 5 Call your witness, Mr. Kohn. 6 MR. MICHAEL KOHN: 7 Next witness we call is Allen L. Mosbaugh. 8 ' ADMINISTRATIVE LAW JUDGE: 9 Okay. Sir, would you stand and raise your right 10 hand, sir? 11 ***
- 12 (Witness sworn) i
! I 13 *** l l 14 ADMINISTRATE'VE LAW JUDGE: 15 All right, sir, have a seat there. When you'.re 16 comfortable, state your full name and your address l 17 for the record. 18 THE WITNESS: 19 My name is Allen Lee Mosbaugh. My address is 2692 l. l 20 Boggs, B-o-g-g-s, Road, Amelia, A-m-e-1-i-a, Ohio i 21 45102. 22 ADMINISTRATIVE LAW JUDGE: 23- And spell your last name, please. 24 THE WITNESS: 25 M-o-s-b-a-u-g-h. First name is A-1-1-e-n. YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 EXHIBIT 10 o m ere 51
( '; l Tw.yTama 3 no 949 1 ADMINISTRATIVE LAW JUDGE: 1 2 All right, sir. Your witness, .Mr. Kohn. l 3 *** 4 ALLEN LEE MOSBAUGH, 1 5 called- as- a witness, having first_ been duly sworn, 6 according to the law, testified as follows:
- 7. DISECT EXAMINATION L
8 BY MR. MICHAEL KOHN: 9 Q. Can you briefly describe your formal 10 1 educational background? 11 A. 'After high school, I enrolled in the 12 engineering program at the University of Cintinnatt. : was 13 in the Department of Chemical and Nuclear Engineering. I 14 obtained my bachelor's in engineering majoring _in chemical 15 engineering. I proceeded into graduate program again in 16 the College of Engineering at the University of Cincinnatt. 17 I-got my_-Masters of. Science majoring in chemica'. and 18 nuclear engineering-. I proceeded into a Ph.D. program ; i 19 after that again at the University of Cincinnati and 20 completed almost all of the course work degree requirements ! 21 for my doctorate. I was engaged as a research assistant at 22 that time both with my masters and with my Ph.D. doing i 23 contract research for the Atomic Energy Commission l l 24 . investigating loss of coolant accident and analysis 25 phenomenon, especially with respect to a two-phase flow and YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Exhibit /0 ,page of
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i v ,r, m i 950
. 1 transient two-phase flow.
- 2. ***
- 3. ADMINISTRATIVE LAW JUDGE:
4 Okay. Before you go any further, I have a 5 disclosure- to make. I have met this witness I 6 before. I was a member of the Board of Trustees at I 4 7 the University of Cincinnati for nine years. As I l 8 say, I don't know this person, Mr. Mosbaugh, and I I 9 need to know if there's any objections at this f I 10 point. 11 MR. GOLDBERG: 12 N0ne, Ytur Honor. l 13 ADMINISTP.ATIVE LAW JUDGE: i
'14 Okay. Proceed.
l I 15' THE WITNESS: 16 I did net complete the -- my Ph.D. dissertation and 17' I left the University of Cincinnati without 18 receiving .my doctorate degree. I at that time- , nuclear power industry being employed l 19 entered the l 20 with the Babcock and Wilcox Company. At a later 21 time of employment I continued to take some nuclear 22 engineering gracuate courses that were being 23 offered at a nuclear plant that I was stationed at l 24' by professors again from the University of 25 Cincinnati. But that would be my formal education YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077
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1 Page 53 ; l
Va., Trna ) so
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951 1 summary. 2 *** 3 BY MR. MICHAEL KOHN: i 4' Q. If you could turn to Complainant's Exhibit 38, 5 which is a copy of your resume. Did you prepare this 6 document? 7 A. Yes. 8 Q. And I note that starting on the last page 9 going forward to the bottom of the first page there's a I 10 chronology of your . employment mostly in the nuclear 11 industry. Could you highlight'the areas you believe impact i 12 en your qualifications to tes ify here today? ; 13 A. All right, 1974 to 1977 : was employed by the 14- Babcock and Wilcox Company. And in the course of that 15' employment I worked at three different nuclear powe. 16 plants. And among other things that did in that period 17 of time, I was an engineer -- a tes engineer and I was 18 also- a consultant to the station's chemistry / radiation 19 protection superintendent as they were called in that time 20 period. And that was at the Davis Bessey plant that is 21 Toledo Edison's at the time. I did some work with Babcock 22 and Wilcox on examining a spent fuel assembly at the 23 Lynchburg Research Center that had come f rom the Occonee-24 plant. 25 After'I left the employ of the Babcock and Wilcox f YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 ,
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- i 1 ' Company I wa's employed by a company called'EDS Nuclear-as a f
- 2. consultant-at~ the. Cincinnati' Gas and' ' Electric's Zimmer ;
3_ . plant and in that period of time among other things I.was a i 4 test engineer and I also acted as a consultant. to that i 5 plant's chemistry / radiation protection superintendent and I 6 did testing-of their radioactive waste systems. After that
~
7 I transferred to the Cincinnati Gas and Electric Company L 8 direct with the utility where I initially was a staff 9- engineer. j 10 I moved up through their engineering organization l; 11 to become. a engineering supervisor, an engineering. l l l 12 superintendent, and eventually a start-up superintendent. ji
. : i 13 In those. capacities I did a lot of testing cf various plant l I
14 established their system engineering program
~
systems. j t 15 and I was the~ nuclear fuel custodian and I was involved in 16 receiving the. initial core of nuclear fuel as well as i L 17 shipping the nuclear-fuel back co Exxon. In 1984 - Zimmer
- 18 " plant was closed as a nuclear plant and I was recruited to -
I 19 come to the' Georgia Power's nuclear plant Vogel in August l 20 '
-- near Augusta, Georgia. And I went down there as a -- I 21- think the title was a pre-operational superintendent. It
[ u l 22 was basically an engineering superintendent. 23 I was promoted up through their organization,' 24' became an engineering manager. I was responsible for 25 establishing their system engineering group and was YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 I
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I 953 L1 responsible.for. testing of the Vogel's various systems. As 2; an. engineering- manager, I was responsible 'for the entire l 3 ~ engineering department, which was about 60 or 70 engineers, l l 4 the quality. control department, and the security ) 5 department. I also had responsibility for the plant's 6 administrative procedures for writing them and setting
- 7 their policy and revisit.g them as necessary. I was also a 8 plant duty manager.
9 As I progressed in their organization, I eventually l'0 elevated to the level of assistant general manager of plan , 11 support. Basically that position is one of :he two tcp 12 managers and we each had about half of the plant under us 13 and we reported to the plant general manager. I was the 14 assistant general manager of. plant support. In that !
-15 capacity I had eight differen: departments that worked for i
16 me and tha would include engineering, the regula: cry 17 licensing department, which had the . main interface 18 responsibility with the Nuclear Regulatory Commission and l i 19 responding to NRC violations. 20 I had quality control, security training. That's 21 the department that did all the plant's training including i 22 -the training of the operators for reactor operator and ! 23 senior reactor operator licenses. They also had emergency j I 24 planning reporting to me, personnel, administration, 25 document control and that was about half of the plant's t l YORK STENOGRAPHIC SERVICES, INC. ; j l York, PA 17401 - (717) 854-0077 l ! Exhibit /0 ,page of
,___ =,
1
. T ey?#as) la 954 1 departments. In that period of time I had been responsible ,
1 2 for the administrative procedures of the plant. I had an 3 individual under me that was referred to as the procedure 4- supervisor and programs such as the plant's deficiency 5 program, which- at Vogel we called a DC, was a program that 6 I established. In fact, I helped develop the program, 7 write the procedure. and was responsible for its 1 8 administration. l 9 Subsequently I was vice chairman of the Plant i 10 Review Board and a member of the Plant Review Board. I was 11 also an emergency director and duty manager. My last 12 capacity at Georgia Power was I had been selected to get a i i 13 senior reactor operator's license as a manager on that
^
14 plant. And I would note that while I was with Cincinnati 15 Gas and Electric at .the Zimmer station I received senior 16 reactor operator's license i. raining and was certified as 17 such at the Zimmer plant. 18 Q. You mentioned a DC program at plant Vogel. 19 There's been a lot of testimony in this proceeding about a 20 PIF process. Does the DC program at plant Vogel have any 1 21 similarities or equivalents to the PIF process? l 22 A. Yes, I have reviewed the Zion's PIF procedure 23 and it essentially analogous to the program that we had at 24 the plant Vogel which was referred to generally as the DC 25 program. DC stood for deficiency card. And they're YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 shibit /0 ,page of - Page 57 l
1,r, w 955
'l similar program implementing the same NRC criteria from 10 1 2 CFR 50 Appendix B.
3 Q. Have you ever testified as an exper: witness 4 before? S A. Yes, I have. ! 6 Q. Where was that? 7 A. Between 1940 and 1996 in a Department of Labor 8 proceeding and also between 1992 and 1996 in a Atomic 9 Safety and Licensing Board proceeding. In those 10 proceedings specifically I gave testimony on plant Vogel's ! l 11 defielency program. ; 12 0 And if I understand it, you appeared as an 13 expert witcess before the Atomic Safety Licensing Board. , 14 were you an 0xpert witness in the Department of Labor case ; 15 or were you just appearing as a witness in that preceeding? l 16 A. I was the initiator of that proceeding, a 17 whistleblower, I guess. l 18 Q. Which gets me to my next question. 19 A. Okay. 20 Q. Did you eve:1 file a proceeding under Secticn 21 210 of the Energy Reorganization Act? 22 A. Yes, I did. 23 Q. Is there a reported decision issued by the' 24 Secretary of Labor with respect to that proceeding? 25 A. Yes, there is. YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077
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Exhibn /k9 ,page- of-Pace 58
byTru ) 14 956 1 Q. What was the sum and substance of the holding 2 of the Secretary of Labor? ) 3 A. The Secretary of Labor found in my favor, 4 found that I had been terminated for the protected activity 5 that I engaged in, ordered me reinstated. Is it possible 6 that I could have a glass of water? 7 *** , 8 ADMINISTRATIVE LAW JUDGE: j 9 Sure. Could we get a .. i 10 MR. MICHAEL KOHN: 11 I did ask someone to try to find that for you. 12 *** 13 EY MR. MICHAEL KOHN: 14 Q. Did the Secretary of Labor determine that the 15 only reason you were terminated was for engaging in 16 protected activity? 17 A. Yes. 18 Q. Who represented you before the Department of 19 -Labor? 20 A. The firm of Kohn, Kohn & Colapinto. 21 Q. And who represented you before the Atomic
- 22. Safety and Licensing Board?
23 A. The same firm. l l 24 Q. Did those proceedings end in 1996? l 25 A. Yes. YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Exhibit N ,page of Page 59
Tsa,tesa 314 957 1 0 And since the termination of those proceedings 2 and until the point in time you were contacted to function 3 as an expert witness in this proceeding have you had any 4 involvement with the Kohn, Kohn & Colapinto law firm? 5 A. None at all. 6 Q. Does the fact that you were represented by 7 Kohn, Kohn & Colapinto in the past have any bearing on your 8 ability to provide forthright and truthful testimony in 9 this proceeding? 10 A. No. 11 Q. I think you testified that you have reviewed 12 plant Zion's PIF procedures and I believe ycu were 13 referring to the exhicit contained -- the Joint Exhibit 6, 14 is that correct? 15 A. Yes. 16 Q. Dces the ?~F prccess impact on the safe 17 operation of plant Zion? 18 A. Absolutely. 19 Q. What is 10 CFR Part 50 Appendix B? 20 A. 10 CFR 50 Appendix B is the portion of the 21 Code of Federal Regulations governing nuclear energy. And 22 that specific section defines the quality assurance 23 programs at nuclear power plants and there are 18 criteria' 24 in that section that define specific elements of the 25 quality assurance program that are required by the Nuclear YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Exhibit /d ,page of Bage 60
3 Tempfesa 3 to 958 1 Regulatory Commission. 2 Q. And how did the PIF procedures relate to 10 3 CFR Part 50 Appendix B? 4 A. -The PIF procedures directly implement several 5 of the criterion from 10 CFR 50 Appendix B.
- 6. Q. And are all nuclear plants required to have 7 ~ similar procedures?
8 A. Yes. 9 Q. At every nuclear plant you worked'at was'there 10 a'similar procedure in place equivalent to the PIF process? 11 A. Yes, different . plants implement those 12 criterion.slightly different and the way they implement it , 13 has changed over the many years. But every plar.: .is j 14 required to have precedures that implement those and the ! l 15 PIF program is -- at plant Zicn is part cf that. Different l 16 plants sometimes call those dccument non-comformances. 17 .They might call them deficiencies. Here they're call them L 18 P!Fs but they serve the same purpose. l 19 *** 20 MR. MICHAEL KOHN: L 21 We'd like to qualify the witness as an expert, Your t 22 Honor.
'23- ADMINISTRATIVE LAW JUDGE:
24 Any objection? l 25 MR.-GOLDBERG: YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077
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T ne?rma 314 959 1 Yes, Your Honor, objection to the extent that we 2 have no idea at the moment what area of opinion 3 testimony this witness is prepared to go into. As 4 I understand it, given the fact that I took this 5 gentleman's deposition a few evenings ago, my 6 understanding is that one of the areas of his 7 expert testimony would purport to be in the area of 8 human relations, human resources, personnel, and 9 . discipline matters despite the individual's very 10- esteemed background in the nuclear industry. I 11 didn't hear any mention of human resources training i 12 cr anything with respec: to discipline or persennel ; i 13 and I don't know that this witness to be expert in ' 14 that type of testimony. 15 ADMINISTRATIVE LAW JUDGE: ; i 16 All right. Well, at this point I'm going to j 17 qualify him. You may state a specific cbjection l 18 with regard to a human resource matter that you l 19 believe is not within the field of his expertise. 20 MR. MICHAEL KOHN: 21 Thank you, Judge. 22 ADMINISTRATIVE LAW JUDGE: 23 All right. You may proceed, Mr. Kohn. 24 **. 25 BY MR. MICHAEL KOHN: YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 l Exhibit O ,page of Page 62
. Tmy fras) 64 960
'l 'Q. How many nuclear - .I don't recall if I asked 2 you how many nuclear plants you have. worked at.
-3 A. I worked. at five different nuclear . power 4 plants with'five'different utilities.
5 Q. Is strict adherence of the PIF procedures 6 necessary... 7 A. Yes. 8; Q. ...at plant Zion? 9 A. Yes. 10 Q. Would it be appropriate for managers to l 11 deviate from the plant PIF procedures? 12 A. No, a procedure such as the procedures. ; 13 implementing the PIF program which are directly related to j 14 10 CFR 50' Appendix. 3, these are administrative' level { 15 procedures. These procedures have been crafted with great i l 16 care and attentien generally by the ut lities. And since 17 eney're such an important part of the program they need to l l 18 be followed as written. There are program designs built
'19- into them in the way they're written and in the way they're 20 sequenced.
21 Q. Would it be appropriate for a department 22 manager to issue an instruction that he be notified of the l 23 initiation of a PIF in his department before a PIN 24 committee meeting was to commence? 25 A. .No, for the reasons that I just mentioned. A YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077
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1 procedure -- in order to adequately implement a program 2 like a PIF program you have to -- you're trying to get your 3 ' plant people to identify problems and you're trying to 4 stress -- ycu need to stress attention to detail and l l 5 verbatim following of your procedures. Follow the l 6 procedures as written. And it's an opportunity for i 7 management to stress that, to stress following procedures i i 8 es written to make the entire program work. And when a I manager is going to 9 say, "Okay, we can work around this. 10 We can add something. We can take something away perhaps," 11 the program starts to break down because the manager is in 12 a pcsition to set by example. From what he dces, he sets 13 the tone for the rest of the employees. t ! 14 And the employees are not going c -- they're gcing L l 15 to look at him and they're saying, "Ckay, he did it this 16 way," ' and they will fellow him by example. And if his ! I 17 example is, "No, we must follow the procedure as wrt :en l 18 and if you see a valid reason to change this procedure then 19 I will take it back through the approval process that it l 20 went through initially and I will get it changed," and when 21 the people see that, okay, that's very positive for the 22 plant. The other side of the coin is if they don't see 23 that they think, "Well, maybe there's some flexibility 24 here. Maybe in my conduct of business I can exercise l 25 similar flexibility," And that's where administrative YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 i
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emy7,aa ). 64 962 1 programs start to break down. 2 Q. Is there a potential that the PIF procedures 3 when they were being designed and conceived had -- someone 4 thought of the intent and possibly ramifications of this 1 5 additional type of notification and decided not to. include { 1 6 such in the procedure? l I 7 ***
]
I 8 MR. MICHAEL KOHN: 9 Objection, Your Honor. No foundation. l 10 ADMINISTRATIVE LAW JUDGE: 4 11 Yes,.it's pretty speculative. Pretty speculative. 12 ... I 13 BY MR. MICHAEL KOHN: 14 Q. Can -- M r .. Mosbaugh, can you tell the Court 15 what types of... I 16 ... l i 17 ADMINISTRATIVE LAW JUDGE: l 18 Let me ask a question while we're -- while you're 19 looking up whatever you're looking at. And this is 20 really for my -- just my own knowledge. 21 22 BY THE COURT: 23 Q. These programs, PIF, whatever they're called 24 from plant to plant, are these the kind of programs that 25 get -- that the documentation for which gets a circulation i I YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Exhibit _ !d,page of - l - - - - Pace 65 i
v ,1,.o i4 963 1 through_the different nuclear power companies so that you a period 2 -- after of time you begin to pick up kind of 3 ' standard language at different plants .that -- as they - 4 implement.these requirements of 10 CFR? 5- A. Let -me be clear on your question. Are the 6 procedures themselves receive circulation plant to plant so 7 that different plants are looking at how are they doing it 8 and maybe we'll write ours like that... 9 Q. Right, and maybe even adopting... 10 A. Yes. 11 Q. ... blocks of language for it? 12 A. Yes, yes. Part of what would be dene in 13 . configuring a program like this would be look at other 14 plants' programs, possibly to take trips to other plants, 15 -see how the program's working there. Yes., that would 16 absciutelv be... 17- 0 So kind of a standard language thing that 18 takes place? 19 A. Your plants would be looking at all the other i l 20 -plants, how standard it is. There isn't a requirement 21 through the NRC that... l 22 Q. There's no circulated standard language that t L 23 says, "We'd like you to come in line with this language in l l 24 your own internal program"? 25 A. No, I haven't seen that but I am aware of YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Exhibit ,page - of - a ___ _ . _ . _ P***"
7sayfru 3 to 964 1 where the'NRC'if they. feel your program may be inadequate 2 in some way might..suggest, "Go look over here, they have a 3 good program." Also the INPO Organization would do similar 4 things If you thought you might want to enhance your 5 program, suggestions and information would .be obtained 6 through INPO that,.you know, "Okay, go look at, you know, a 7 particular utility, a particular plant. We found their i j 8 program to be very good. Go look at theirs." And I know a 9 I've made trips for purposes like that and I know that 10 that's very common: . l l 11 Q. But in the final analysis each plant... ; 12 A. In the final analysis each plant can write-- l 13 can implement the criterion of the NRC in a procedure that 14 it configures and doesn't have to have it verbatim with 15 what somebody else has. 16 .** 17 ADMINISTRATE!VE LAW JUDGE: 18 All right. Go ahead, Mr. Kohn. ! I
'19 ***
20 BY MR. MICHAEL KOHN:
-21 Q. Can you explain any perceivable problems that 22 could 'cause. --
that could be caused by requiring an , 23 employee to supply a copy of a PIF to a departmental
-24 manager at the time the PIF is initiated?
25 *** YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 l
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EMiibit ld ,page of Page 67
fenyTena j ia 965 1 MR. GOLDBERG: 2 Objection. A hypothetical question, Your Honor. 3- MR. MICHAEL KOHN: 4 . Testifying as an experti Your Honor. 5 ADMINISTRATIVE LAW JUDGE: 6 Well, I'll take it for what it's worth. Let me
- 7. hear the testimony on this.
8 THE WITNESS: 9 Yes, I can think of a couple of problems. And one 10 problem that could occur is managers are typically 11 very busy. We're in meetings all the time and 12 generally net very accessible. Sc_one problem that 13 occurs is the problem cf possible delay. And it i 14 also places a burden on an individual to do that ! 15 notification and then discussion that may result. I 16 It does present the- possibility managers are-- t 17 will sometimes try to encourage or dissuade an 18 employee in a discussion. That does happen. And 19 employees are quite sensitive to talking especially 20 with a higher level manager, one that they may not 21 directly work for. And there's a certain amount of 22 reluctance when talking to higher level people. 23 And so I think there are some elements of-- 24 that could create, you know, some sort of chilling 25 effect in the writing of problems, PIFs, things of YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077
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C M o;t l 0 - .n v e' __are n E L__ _ o
l TonyTram 3 N l 966
- 1. that nature. Generally in these kinds of programs 2- it's d'esirable to have the employee be able to 3 easily.and' feel in a- very unencumbered way the i .
l 4 ability to -identify problems and not feel in any l 5 way that they're going to be dissuaded from writing L 6 them for anybody to make them feel like, " Hey, this 7 isn't a significant problem," or, "Well, why are i 8 you doing that? And you're -- you know, you're a L 9 troublemaker, you keep identifying problems." 10 The management attitude of the plants .needs to 11 be an attitude of, "We succeed by identifying our 12 problems, we wan: you to identify our prob' ems.
. ;f 13 you don't identify our problems for us one of these 14 problems is going to come up and bite us. ::'s f 15 going to cause us a safety problem. It's geing : !
16- cause us an accident. !:'s going to cause -- it's j r 17 going to hurt us." And the attitude need to be 18 very positive and the NRC has stressed that at many 19 plants. 20 ... 21 BY MR. MICHAEL KOHN: 22- Q. Do you have an opinion as to whether plant 23 Zion was having difficulty implementing the PIF procedures i 24 during the point in time that Randy Robarge was employed? i l 25 *** YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Exhibit b ,page of
--- ca
%,w a n 967 1 ADMINISTRATIVE LAW JUDGE:
2 Yes or no. 3 THE WITNESS: 1 4 Yes. 5 *** 6 BY MR. MICHAEL KOHN:
- 7. Q. And what is your opinion?
8 A. They were. 9_ Q. Can you. identify Complainant -- I believe you 10 should have a copy of Complainant's Exhibit 39. 11 *** 12 A~MINIST?.ATIVE *AW JUDGE:
-13 Mr. Kohn, is this a basis cuestion now to his 14 response?
15 MR. MICHAE*., OHN: 16 Yes. 17 ADMINISTP.ATIVE LAW JUDGE: 18 Go ahead. 19 -MR. MICHAEL KOHN: 20 This is the... 21 ADMINISTRATIVE LAW JUDGE: 22 I don't want you going on without asking the basis. 23 MR. GOLDBERG: 1 24 Could I get the number again, Mr. Kohn, please? 25 MR. MICHAEL KOHN: ! L YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077
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E:dlhit]0-?v, c' l l u_____ _ __ _ _ - . _ _ Gnn 92
Tesyfesa 3 to E. 968 1 -3 9. 2~ '***
!3- BY MR. MICHAEL KOHN:
~4 Q. And'if. -you would look at page'39 -- I'd call' have you 5 everyone's attention to page 27. Is there .--
6 . reviewed the'. document marked.as Complainant's Exhibit-39? 7 A. 'Yes.
'8 Q. And does this document-contain information.you 9 . relied upon'to reach your conclusion?
10 A. Yes. you what 11 Q. And. can explain it is in this 12: document'that pertains to your.conclusien? 13' =A. The plant -was cited for an NRC violation 14 related t>: losing a -- some sort of foreign material into 15 the. reactor cavity that wasn't retrievable. And part of 16 the reascn for the. viola:icn and par: ' of the improper 17 acticns by the employee was tht: a PIF was not identified 1 18 for-this condition. j i l 19' i= 20 MR.. MICHAEL KOHN: 21 We call for the admission of' Complainant's' Exhibit
- 22 39.
i i ADMINISTRATIVE LAW JUDGE:
'24 ' .Any objection?
~25 MR. GOLDBERG:
YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Exhibit /0 _
,3, .nf l
Page 71 -!
=_x____=_______-
tor,.o n i 969 1 No, Your Honor. I 2 ADMINISTRATIVE LAW JUDGE: 3 Hearing none, Complainant's Exhibit 39 is received 4 and is a part of the record. 5 *** 6 BY MR. MICHAEL KOHN: 7 Q. Would you turn, Mr. Mosbaugh, to Complainant's 8 Exhibit'40? My notes indicate you should be look:ng at ; l 9 page seven. Is there anything in this document that alas j 10 your conclusion with respect to the PIF as to whether plant 11 Zion was having difficulty implementing its PIF procedures? i 1 12 A. Yes, in this case the plant received another 13 violation. In this case it was with respect to scme fire 14 protection issues. And a par: cf the reason for the : 15 violation was that even though the issue was brought up by i , i 16 the NRC resident apparently to the fire marshall a PIF was 17 not identified and not initiated. f
)
18 Q. And that was a violation of the P:F I
)
19 procedures? 20 A. Yes. 21' *** 22 MR. MICHAEL KOHN: I l 23 Call for admission of Complaint's Exhibit 40. 24 ADMINISTRATIVE LAW JUDGE: 25 Objection? YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077
. T.xhibit Id ,page of l
l - ( Page 72
9sayTeta 314 970 1 MR. GOLDBERG: 2 No objection,.Your Honor. 3 ADMINISTRATIVE LAW JUDGE: 4 Hearing none, Complainant's Exhibit 40 is received 5 and is a part of the record. 6 *** 7 BY MR. MICHAEL KOHN: 8 Q. If you would turn to Complainant's Exhibit 41 9 page three. Is there anything in this document which 10 identifies difficulty in compliance with the PIF 11 procedures? , 12 A. Yes, this exhibit contains a level three 13 violation for which Commonwealth Edison was assessed a 14 S50,000 fine. And among the examples contained in this 15 violation is a case where.. 16 *** - 17 ADMINISTRATIVE LAN JJDGE: 18 Which one? Can you point to it? 19 THE WITNESS: 20 On page three item two. 21 ADMINISTRATIVE LAW JUDGE: 22 okay. l l 23 THE WITNESS: 24 In this example apparently a total of 114 25 conditions -- deficient conditions that should have YORK STENOGRAPHIC SERVICES, INC. l York, PA 17401 - (717) 854-0077 , 1
~
l Exhibit /d ,page of l Page 73 .
Tmetens 3 la i: 971
.1 - had a PIF initiated, apparently- no PIFs- were 2 initiated.
3- *** ll 4- ~ BY MR. MICRAEL KOHN: 5 - Q. And if you'd turn to page six, was defined as 6 a-civil penalty, $100,000? 7 A. I'm sorry. I was incorrect. Yeah,-this was a 8 severity level three problem for which they were assessed a
- 9- civil penalty of $100,000.
10 Q. And if you would now turn to page 15 of this 11 exhi>'t. And about halfway down do you see reference to a l 12 September 5, 1996, cite vice presiden le :er? 13 A. Yes, yes. Apparently that is identified there L 14- as a corrective action to Example 152 which is the one we 15' were looking at. 16 Q. And I would turn your attention to
- 17. Complainant's Exhibit 8. Does.thur appear to be the letter 18 that was initiated as a result of the failure to file the
~
19 -114 PIFs and'the institution of S100,000 penalty? J ; 20 *** 21 ADMINISTRATIVE LAW JUDGE: 1 22 Where are you at-now? Are you going off 41? 1 i 23 MR. MICHAEL KOHN: 24 I -- yes, Your Honor.
'25 THE. WITNESS:
YORK STENOGRAPHIC SERVICES, INC. 1 York, PA 17401 - (717) 854-0077 Exhibh llh ,page of L Page.74
v ,t su 972 1 Yes, this letter would appear to be that letter 2 from'that date, 3 MR. MICHAEL KOHN: ; 4 I think there's an extra set of exhibits. 5 ADMINISTRATIVE LAW JUDGE: l '6- Well, I've got a reason for doing this. Thank you.
/ Repeat: the question.
I L e 'MR. MICHAEL KOHN: j 9 If I... ! q 10 ADMINISTRATIVE LAW JUDGE: ! 11- Going to repeat the question? 12' MR. MICHAEL KOHN: l_ 13 Yes. l 14 i ,15 BY.MR. MICHAEL KOHN: 16 Q. !s this -- is- Complainant's. Exhibit 8 l. 17 referenced in Complainant's Exhibit 41 at page nine? ! 18 Excuse me, page 16. 1 I l l 19 A. I see page 15 of 32 of Exhibit 41. ] l- 20- Q. Well, thank you. You're correct. Page 15. 21 A. Yes. ! i 22 . Q. Okay. And it's unc'er the heading specific ! 23 correction action. Can you explain -- I mean does that j i 24 mean that this letter was specifically issued as a specific 25 corrective action to this notice of violation? YORK STENOGRAPHIC SERVICES, INC. ! York, PA 17401 - (717) 854-0077 i E libit M ,page of l 1 l _ _ ___--- --_enacL19_ __
fey?rna 3 la 973 1 ..+ 2 MR. GOLDBERG: 3 Objection, Your Honor. Foundation, speculation. 4 MR. MICHAEL KOHN: 5 I'll be happy to lay a foundation, Your Honor. 6 ADMINISTRATIVE LAW JUDGE: 7 Lay a foundatior. 8 9 BY MR. MICHAEL KOHN: 10 Q. Mr. Mosbaugh, can.you tell me your experience 11 with respect to NRC -- the issuances of NRC notices of 12 violation, a plant's response to a notice of viciation, and 13 enforcement actions taken by the NRC? 14 A. Well, I would -- I was responsible for the 15 plant Vogel's response to the notices of violations
- 16 received there through the Regulatory compliance 17 Department. I would have been involved in virtually all of l
18 such responses and I- also would have reviewed all such l 19 responses through the plant Review Board. The relationship 20 of this letter as a corrective action to this violation is l 21 set forth in Exhibit 41. The violation we've looked at in
- 22. Exhibit 41 on page three was item two and under Section B.
23 And back here in the back in the company's response to the 24- violation they address the specific corrective actions to t-l 25. violation exdmple 1B2. So there's a -- in this document YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077
. Exhibit l6 , m~ o,u s
Page 76
Vase?ese j to 974 1 there's a direct- relationship between this corrective 2' action of this letter to this violation of the same number. 3 i. 4 MR. GOLDBERG: 5' Move. to ' strike 'the testimony, Your Honor. No 6 ' basis. Speculative. This was a letter dated 7 September 5, 1996. Unless this- witness knows - 8 the... 9 ADMINISTRATIVE LAW JUDGE: 10 Well, first of all these were documents that were 11' produced by the company -- by... 12 MR.'GOLDBERG: 13 I don't believe so, Ycur Hener, :'m sorry unless 14 Mr. Kohn believes otherwise. , MR. MICHAEL KOHN: 1 15 Your Honor, these documents are contained or should i 16 17 be contained in the documents produced by the le company. This particular one was pulled out of the
- 19 public documents room before we got down here.
20 It's a public document maintained by the Nuclear 21 Regulatory Commission. 22 MR. GOLDBERG: 23 Exhibit Number 9 are we talking about, Mr. Kohn? L 24' I'm sorry. 25 MR. MICHAEL KOHN: YORK STENOGRAPHIC SERVICES, INC.
-York, PA 17401 - (717) 854-0077 f.xhibit /O ,PB93 OI -~~
Page 77 , 1
Tapfenn j sa 975 1 Oh , oh, excuse me. 2 MR. GOLDBERG: 3 That's what I'm objecting to. 4 MR. MICHAEL KOHN: 5 Oh , I'm sorry. I'm sorry. I -- Exhibit Number 8. 6 That's it. I'm sorry. 'I thought Exhibit Number 8 7 was already in evidence. I -- oh, 8 is in evidence l l 8 so I'm not sure what the objection is. : i 9 MR. GOLDBERG: 10 I didn't have any independent understanding. I may i 11- have been away from the trial at the time that 12 document was admitted. And if it's being attempted 13 to be admitted for the first time... 14 ADMINISTRATIVE LAW JUDGE: 15 Okay. I've been informed it's admitted so go ahead l 16 and ask. 17 18 BF MR. MICHAEL KOHN: 1 19 Q. Now, these notices of violation and responses 20 to the notices of violation that are contained at -- that 21 we've been looking at, are they set out in a specific , i 22 format typically? l 23 A. The NRC identifies each violation by number example and, you know, they -- yes, they are. And t 24 Land 25 generally the utility then responds to them in the same . l YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077
' Exhibit /0 r . . _ <-
1 Page 78
7 ,Tana 3 84 976 1 fashion. 2 Q. Okay. And then the utility would -- for 3 instance looking at Complainant's Exhibit 41 on page 14, it 4 starts out the first heading there, " Admission or denial to - 5 .theLviolation." And then they admit it,. correct? 6 .A. Right. 7 -Q. And then it goes -- the next- heading is 8 " Reason for the violation." And in that area does the 9 utility then set forth its understanding of the reason for 10 the violation?' 11 A. Correct. 12 Q. And then the next heading is " Corrective steps 13 that have been taken, results achieved." Would that'then 14 set .forth the utility's corrective action that they have 15' taken? 16 A. Yes. 17 Q. And.then the next ' area deals with specific 18 corrective actions to violation. Would that then be the 19 specific corrective action taken to alleviate the specific 20 cited violation that the utility was relying upon and i 21 explains to the NRC that that was a specific corrective I~ 22 action they were taking?
)
23 A. Right. I mean there's general corrective l 24 actions and then~ specific corrective actions. I 25 Q. Okay. And the September 5, 1996, letter, YORK STENOGRAPHIC SERVICES, INC. l York, PA 17401 - (717) 854-0077 I Exhibit /O ,page of I. Page 79
byTrna 3 la 977 1 Complainant's Exhibit 8, is identified as the specific 2 corrective action with respect to this violation, correct? 3 A. Right, September 5, 1996, letter from the site 4 vice president. 5 Q. And did you rely on Complainant's Exhibit 8 6 and Complainant's Exhibit 41 as part of your basis? 7 A. Yes. 8 *** 9 MR. MICHAEL KOHN: 10 We move for the admission of Complainant's Exhibit , 11 4*.. 12 ADMINISTRATIVE LAW JUDGE: 3 l i 13 Any objection? 14 MR. GOLDEERG: l 15 No objection, Judge. 16 ADMINISTRATIVE LAW JUDG - l 17 Okay. Hearing none, Complainant's Exhibit 41 is i 18 received and is now a part of the record. 19 MR. tiICHAEL KOHN: 20 All right. Now turn your attention to 21 Complainant's Exhibit 43 page 21. 22 MR. GOLDBERG: 23 Your Honor, while Mr. Kohn is looking I just feel I 24 need to interject on the record here that before 25 this witness testified who was not here present to YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077
~ '
0 6 Exhibit lQ ,page ! i
._ _._ hO$ _-_ -__-
Tony 7,an 314 978
~
1 begin at the conclusion of the last witness Mr. 2 Steven Kohn is no longer with us. In response to j 3 my question about how long this witness would be 4 planning- to testify on direct examination, he 5 informed me it would be about 20 minutes. And I'd 6 just note that for the record so that we are clear 7 on what our understanding of what we're doing with 8 this witness is about. 9 ADMINISTRATIVE LAW JUDGE: 10 How long do you have to go here, Mr. Kohn?- 11 MR. MICHAEL KOHN: 12 About I think -- little less than ha'lfway done. l 13 ADMINISTRATE VE I.AW JUDGE : 14 Well, it's _ longer than that so going to be closer 15 to an hour. I want you to move along because we're 16 .into time.. 17 MR. MICHAEL KOHN: 18 Okay. I will go quickly then. 19 ADMINISTRATIVE LAW JUDGE: 20 ...I really want for the Respondent. So move
-21 along.
22 MR. MICHAEL KOHN: 23 If you would... L 24 ADMINISTRATIVE LAW JUDGE:
'25 Go ahead with -- where are we at, 21?
YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 ExNbit IO ,pa;;9 Of Page 81
__.__._________________._____z____ _ _ _ TonyTrea 3 to 979 1 MR. MICHAEL KOHN: 2 Yes. 43, Your Honor, page 21, 3 *** 4 BY MR. MICHAEL KOHN: 5 Q. Do you see any -- did you rely on this 6 document as a basis to understand that the PIF procedures 7 were not being fully implemented by the utility? 8 *** < 9 ADMINISTRATIVE LAW JUDGE: 10 Did you get the right page, 21 there in 43? It's 11 21 of 36, Exhibit 43. 12 THE WITNESS: 13 Yes. ! 14 15 BY MR. MICHAEL KOHN: 16 Q. And can you point out what you're relying on 17 in this document? 18 A. On the page 21 it talks about the condition 19 where a PIF need not be written for preventing this CAP 20 program from identifying, correcting the procedures 21 compliance issues in the areas as identified by the 22 procedure deficiency. 14 resolved discrepancies just 23 discussed'. 24 Q. And if you would turn to page one of 25 Complainant's Exhibit 43. Are you familiar with this type YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077
. Exhibit [O _ -" .__
Page 82
TwnTr.s. ..o 980 1 document? It's identified as -- the cover page. 2 A. Yeah, this type of document would be something 3 prepared by the utility when they're going to an 4 enforcement conference if the tutC has issued a high-level 5' violation and they will schedule what's called a pre-6 decisional enforcement conference and the utility comes to 7 the NRC and makes a presentation. This would be typical of 8 the type of presentation material the utility would use. 9 10 MR. MICHAEL KORN:
-11 We move for the admission of Complainant's. Exhibit 12 43.
13 ADMINISTRATIVE LAW JUDGE: 14 Any objection? 15 MR. GOLDBERG: 16 Only on the grounds with respect time frame, Your 17 Honor. I see the date on here being March 19, 18 1997. Complainant was terminated December 9, 1996. 19 MR. MICHAEL KOHN: 20 Your Honor, the events identified here occurred I 21 believe in '96. And anyway it's going to the 22 witness's basis for forming his opinion. 23 ADMINISTRATIVE LAW JUDGE: 24 Well, somebody will have to establish the 25 applicability. Other than that, it's received. j l YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Rhibit [O ,page- of Page 83
= _ _ - _ _ - - _ - _ - _ \
T.,T s io 981 i 1 You don't object to the document? 2' MR. GOLDBERG: 3- Not on those conditions, Your Honor, of course. ADMINISTRATIVE LAW 7UDGE: 5 It's received for the record. Go ahead. 6 ***
'7 - BY MR. MICHAEL'KOHN:
8 Q. Have you heard of the term PIF 4? 9 A. -Not until I came up here but I have heard 10 that. 11 Q. And did you review a few pages from a 12 deposition where there was discussion of a FIF war, what it-13 was? i 14 A. Yes, I did.
. I 15 O. Juud does the existence of the concept of a PIF
]
16 warffurther' relate to your conclusion with respect to.the
. 17 proper augmentation of the PIF process at plant Zion? , - 18 A. Absolutely. If something like a PIF war as I 19 understand it was going down going on I would consider that 20 virtually a complete breakdown of the PIF program and the 21 quality. assurance program that it implements. The concept , 22 as I understand is that people would retaliate against each 23 other.by writing PIFs. Has no place in the nuclear 24 industry. The management-should be by problem address the 1
25- problems that are'known. There is to be no element of
, YORK STENOGRAPHIC SERVICES, INC.
York, PA 17401 - (717) 854-0077 Exhibit /0 -,page of I l6 _ _ _ _ _ _ __ ___ _ ___60m__QG -
7estfran 314 l l 982 1 retaliation. It's totally unprofessional ~and it's a 2 breakdown of the system. 3 Q. - Do you have an opinion as to -- at the point 4 in time when Randy Robarge was employed at Commonwealth 5 Edison and at the point in time that he was terminated 1'
'6 whether Commonwealth Edison was having a regulatory ethic 7 problem?
8 A. I... 9-
.10 MR. GOLDBERG:
'll Objection, Your Honor, to the extent this is an L
1 12 op n en. Was not -- I'm.sorry? 13 ADMINISTRATE:VE LAW JUDGE: o 14 Well, I want the sequence to go. His answer is yes 15 or-no. Then what? 16 MR. GOLDBERG: 17 Okay. 18 ADMINISTRATIVE LAW JUDGE: 19 What's your... 20 MR. GOLDBERG: 21 Then I'll wait and see if he says yes or no. 22- THE WITNESS: 23 I understand they were... 24 ADMINISTRATIVE LAW JUDGE: 25 No. yes or no. YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Exhibh ! - - - l Page 85 i _ __ _ __ _ _ _ ___
I r ,v, 3n 983 l' THE WITNESS: 2 Yes. 3 ADMINISTRATIVE LAW JUDGE: 4 Question, please. 5 MR. GOLDBERG: 6 Now I have an objection, Your Honor. 7 ADM7'CSTRATIVE LAW JUDGE: 8 Okay. Well, to the... 9 MR. GOLDBERG: 10 Do_you want me to pose the objection after the 11 question is asked? My objection will be the fact 12 that I believe this is a new opinion that was not 13 disclosed to me in the course of our deposition and 14 on-that basis move that no testimony be permitted 15 on the subject, Your Honor. 16' MR. MICHAEL KOHN: 17 Your Honor, it was provided. It is identified in
'8 Complainant's Exhibit 43, which is a document 19 produced by Respondent in document production. It 20 specifically includes the admissions of the 21 Respondent, in fact a regulatory ethic problem.
22 MR. GOLDBERG: 23 I don't want to hold this up, Your Honor. I'll-- 24 just understand that I don't believe I heard this 25 opinion'when I asked specifically what his opinions YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Exhibit /A 0a..a 'i Page 86
TayTena ) 14 r)' 984 I would be in this case. I never' heard mention of a 2 regulatory ethics problem out. of this witness's 3 mouth. 4 MR. MICHAEL KOHN: 5 All right.- Your Honor,.this merely deals with the 6 PIF process and the fact that part of the basis for 7 the problem is a regulatory ethics problem. That 8 was specifically identified by the utility. 9 ADMINISTRATIVE LAW JUDGE: 10 I'll receive it. Now, if we're going to have many 11 of these objections we could go long time. And the 12 way that -- and there is a way to deal with it and l 13 deal with it quickly and that dumps it back on me 14 and that is you produce the deposition and I make a 15 determination as to whether or not this. question or 16 set of questions was asked. And I deal with that 17 kind of a matter in a framework. It's up to you to l l 18 ask additional questions on your cross examination l 19 as to what these things refer to. So mind you that 20 when I deal with that I deal with a broad scope. 21 Go ahead. I 22 4 23 BY MR. MICHAEL KOHN: 24 Q. Okay. And in Complainant's Exhibit 43 does 25 the utility specifically identify a regulatory ethic YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077
- E4l bit /0 -,page cf E __ __ _ _ __ . .- f9080 0'9
Tierf ama 3 la 985 1 problem at plant Zion at the point in time that the 2 violations being discussed in the conference occurred? 3 A. I found- a reference -- or s e a reference to 4 the. regulatory ethic in Exhibit 42. You were referring to 5 Exhibit 43? 6 Q. Okay. Does the existence of a weak regulatory 7 ethic impact on the implementation of the PIF process? 8 A. I'm not sure I understand the question. 9 iue... F 10 Q. How -- your review of Complainant's Exhibit 42 111 and 43 as it contains information pertaining to a 12 regulatory ethic problem, how would that impact on the 13- implementation of the FIF process or strict compliance with 14- the PIF procedures? 15 A. You know, the failure to implement the PIF 16 program may well be an example of the regulatory ethic. 17 O. And given a deficient regulatory ethic, in 18 your opinion would it be appropriate for employees to 19 demand strict compliance with a written procedure? l 20 A. The employees should demand strict compliance l { 21 with the procedures at all times. If the plant was 22 responding to and felt it had a regulatory ethics problem, 23 the level of attention in that area is merely increased. 24 It would be heightened. The needs are much greater. 25 *** YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 ExhibiL/_Q_ ,. . . l t 90so 88 ;
r ,v, m 986 1 MR. MICHAEL KOHN: 2 Your Honor, we'd like to move in Complainant's 3 Exhibit' 42 and Complainant's Exhibit 45 at this
.4 time.
5 ADMINISTRATIVE LAW JUDGE: 6- Objection? 7' .MR. GOLDBERG: 8 No, Your Honor. 9 ADMINISTRATIVE LAW JUDGE: 10 Okay. Hearing none, Complainant's Exhibit 42 and 11 45 are received and are part of the record. 12 *** 13 EY MR. MICEAEL KOHN: 14 Q. Mr. Mosbaugh, do you have any background in 15 what's known as human factors at a nuclear plant? 16 A. Yes. 17- O. Can you explain what that is? 18 A. Human factors is the issue that deals with the 19 performance of personnel. It evolved out of Three Mile 20 Island and the accident there and specifically relates to 21 how individuals do their job. And a very detailed review 22 is done in each nuclear power plant, especially in the main 23 control room, to human factors issues and they are all l 24 encompassing. They have to do with things like how well an
- 25 individual can see an instrument, what the shapes, colors, i.
YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Exhibit /0 q33 of Page 89
r ,r, m
. 987 1 the types of labeling that might be on them. It gets into I
2 things like what background noise be, how much confusion 3 there is an area, how many people are allowed in the area, 4 the layout of the area. 5 They have to do with all the things that relate to 6 how and why an individual performing a job under various 7 circumstances including stress circumstances, how he might 8 be inclined to make an error. And that's the general area 9 of human factors. 10 Q. And what training or experience do you have in 11 this specific area? 12 A. Being that I'm -- was certified as a senior 13 reactor operator, that is something that the operators are 14 trained on because it's one cf the things that could cause 1 15 an operator to make an error. Also, operators need to be 16 sensitive to those issues in performing their job so that 17 they can get -- give feedback to management if they feel 18 there are human factors issues. In addition to that, I had 19 a engineer who was a human factors engineer who worked for 20 me in the engineering department and he was part of the 21 control room review which addressed the myriad of human 22 factors issues with the design of the main control room. 23 I also had the training department which 24 administered senior reactor operator training as well as 25 they maintained the simulator for Vogel. That i YORK STENOGRAPHIC SERVICES, INC. 1 York, PA 17401 - (717) 854-0077 hhibit /O . '. _ l l l I Page 90 l
i h I I I l l I EXHIBIT 11 i i l I
A (. U N ITED S-~AT2S . JEPARTMENT O LABOR Office of Administrative LawJudges In the matter of: Name of Proceeding: Randy Daniel Robarge vs. Commonwealth Edison Case / Docket Number: 98-ERA-2 L h
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\
~ * 'i.is,g.,9 1999 Place:
Bristol,Wif6,gss,g' 9 Date: Tuesday, May 19, $#9Its Pages: 261 through 671 York Stenographic Services, Inc.
,A.
34 North George Street . L, A _ _: York, PA 17401-1266 717-854-0077 - Fax 717-854-0122 M I
l-VinyTren 3 la 1 UNITED STATES DEPARTMENT OF LABOR 2 l ._ 3 OFFICE OF ADMINISTRATIVE LAW JUDGES l 4 l 5 In-the Matter of: E 6 7 Randy Daniel Robarge : 8 : ! 9 Complainant. : 10 : 11- vs. : Case No. 98-ERA-2 12 : 13 Commonwealth Edison : 14 : 15 Respondent : l 16 17 Hearing held at 18 Kenosha County Center 19 Highway 45 and 50, Room A l 20. Bristol, Wisconsin 53104 ! 21 22 on Tuesday, May 19, 1998-23 24 The hearing in the above-entitled matter commenced, 25 pursuant to notice, at 8:06 a.m. 26 27 i 28 BEFORE: HONORABLE THOMAS F. PHALEN, JR. 29 Administrative Law Judge-
. 13 0 31 APPEARANCES:
32 33 on Behalf.of the Complainant: 34 35 Steven Kohn,. Esquire 36 Michael Kohn, Esquire . 37 David'Colapinto, Esqaire l 38 Kohn, Kohn, and Calapinto, P.C. 39 3233 P. Street, N.W. 40 washington, D.C. 20007-2756 41 42 On Behalf of the Respondent: 43 44 David A. Goldberg, Esquire 45 Richard F. O'Malley, Esquire 46 Sidley and Austin l 47 One First National Plaza 48 Chicago, Illinois 60603 HEARING TRANSCRIPT 49 50 Reported by: 51 Brad Weirich 52 Court Reporter ; YORK STENOGRAPHIC SERVICES, IMC. York, PA 17401 - (717) 854-0077 l 1
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L Page 2 l _ . _ _ _ . . _ _ _ _ _ . _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __J
( ' 263 1~ WITNESS DIRECT CROSS REDIRECT RECROSS 2 3 For the Complainant: 4 ' 5 Brent Leslie Robinson 265 385 6 by Mr. O'Malley 315 420 7-8- Robert G. Chavez 427 9 10 Russ-S. Satterfield 432
~
-11 by Mr. Goldberg 436 12 13 Michael E. Masopust 438 14 by Mr. Goldberg 444 15 1 16 Edwin David Dienethal 449 463 17 by Mr. Goldberg 458 18 19 Randy Daniel Robarge 471 {
1 20 526 (As to authenticity] 21 22 For the Respondent: 23 j,'4 (None)
\ a 26 ***
27 28 EXHIBIT FOR IDENTIFICATION IN EVIDENCE 29 30 CX-1 495 503 31 CX-2 522 524 32 CX-3 525 527 33 CX-4 528 530 34- CX-5 530 532 35 CX-6 533 536 36 CX-7 ( 604 ) i 37 CX-8 581 585 38 CX-13 415 417 39 CX-33 511 513 40 CX-35 538 540 41- CX-36 653 657 42 43 RX-33 323 325 44 RX-50 (a) 327 349 45 RX-50 (b) 329 349 46 RX-66 421 424 47 RX-74 (a) 318 321 48 RX-74 (b) 318 321 (
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YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077
I Terren ).9 265 1 -BRENT ROBINSON, 2 called as a. witness, having first- been duly sworn, according to the law, testified as follows: 4 DIRECT EXAMINATION ) 5 BY MR. STEVEN KOHN: l l 6 Q. Mr.' Robinson, are you married?
^
7 A. Yes, I a*.t. 8 Q. And do you have any children? 9 A. I have two children. 10 Q. Jmd what are their ages? 11 A. Almost three and almost one. Very close to 12 that. 13 Q. And have you ever worked in the atomic energy 14 industry? i 15 A. Yes. i 16 Q. Can you briefly describe your background? l- 17 A. I started working in the nuclear power 18 business in 1981 for Cincinnati Gas and Electric Company 19 -for approximately three years. And then for the past 14 20 ' years at Commonwealth Edison at the Zion Nuclear Station. 21 Q. And what type of work have you performed at 22 Zion? 23 A. Mostly radiation protection work, but *lso 24 some chemistry work. And there was a time where we did I 25 both chemistry and health physics -- radiation protection YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 t-i . Page 5
ToyTrne 3 is 266 l-1 work. l-2 Q. And when you hired into Commonwealth Edison, 3 what department did you work in? 4 A. At that time it was the radiation chemistry 5 department. 6 Q. And did that ever become some other 7 department? 8 A. Yeah. In 1989, I believe it was, we became 9 radiation protection. We split between those two groups. 10 Chemistry went to one department and radiation protection 11- went to another. 12 Q. And in 1989, what was your position in 13 radiation protection? 14 A. In 1989 I was a radiation protection 15 supervisor. 16 Q. And then did you -- what position did you hold 17 next?
, 18 A. I was a radiation protection planner 19 scheduler. And I think that was in 1990.
20 Q. And after that? 21 A. I was a position called a project specialist, 22 which was really I worked for the department head and did i i 23 various projects that he would like me to do. And that was 24 for approximately a year. l ! 25 Q. And after that? YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 1 Page 6 L
-l r., r- m 267 1 A. Then I was promoe-d to the operational lead 2 health physicist, which was -- I had the ALARA group,~which 3 is the work planning radiation protection group. I had the 4 radiation mining program and the radiation plant ethylent 5 program...
6 Q. And when... 7 A. ...those things like that. 8 Q. And when did you get that position? 9 A. 1993. 10 Q. Was that -- and did you supervise people in 11 that' position? 12 A. Yes, I did. 13 Q. Approximately how many? 14 A. Approximately six. 1E Q. And then what was your next position? 16 A. I was in that position until some time in 17 .1996. And actually, I was still in that position, but I 18 was given other responsibilities as the lead RP supervisor. 19- Q. And as the lead RP supervisor in 1996, what 20 did you do? 21 A. I was essentially like a general foreman. I 22 had supervisors that worked for me and then technicians 23 that reported to those supervisors. l 24 Q. And approximately how many supervisors 25 reported to you at that time? YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 7 l ..
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1 A. I believe it was five. So I had other of 2 the -- other people that were reporting to me at that time 3 and then these people also -- the supervisors also. 4 Q. And did you -- have you ever -- have -- are 5 you still in that position now or do you hold another 6 position? 7 A. Well... l 4 l 8 Q. I mean, after 1996, did you -- were you given 9 another position? 10 A. Some time during 1996 and I don't remember l 11 exactly when that was -- approximately July -- I went back \ 12 to -- or , I took the lead RP supervisor responsibilities 13 only. 14 Q. And then did you have another position? 15 A. It was called an ALARA supervisor at that ! 16 time. 17 Q. Were you ever offered... 18 A. But... 19 Q. ...a position on-site that you declined? I 20 A. Yes, j l i 21 And what was that? l ! Q. ! l 22 A. It was the radiation protection department j
\
t 23 head. ] 24 Q. And that would be the position that Mr. Strodl 1 25 used to occupy? j
!l YORK STENOGRAPHIC SERVICES, INC. l York, PA 17401 - (717) 854-0077 )
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TayTren 3 la 269
- 1. 'A. Yes.
2 Q. And when were.you-offered that position? 3 A. In March of 1997. 4 Q. And are you currently a Comed employee? 5 A. Yes. I believe the answer is correct, is, 6 yes. Yes, I am. 7 Q. Okay. What is your current status? 8 A. I am currently a -- I was given a release date 9 on May 15, which means I no longer have clearance to Zion i 10 Nuclear Station. Although I am still on the payroll, my 11 position now is to try to find a job. 12 Q. And are you going to a new job?
)
I 13 A. Yes. 14 Q. And where is that? 15 A. At Florida Power and Light. 16 Q. Now, do you know a Mr. Randy Robarge? 17 A. Yes, I do. 18 Q. And is he -- would you consider him a friend? 19 A. Yes, I would. , 1 20 Q. The fact that he is a friend, would you lie in j l l 21 this Court? 1 l 22 A. No. 23 Q. If you had information that might be harmful 24: to Mr. Robarge, would you freely testify to that? 25 A. Yes. , YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 ; Page 9 u__________________
l ter m 284 1 MR. STEVEN KOHN: 2 Sure. 3 *** 4 BY MR., STEVEN KOHN: 5 Q. And what was the basis for that opinion? 6 A. The basis for my opinion was that there was 7 things that were alleged about me that I knew were not 8 true. 9 Q. And she had made those allegations. 10 A. That is true. 11 Q. Did you know a Mr. M ? 12 A. Yes. 13 Q. And did he work in your department as a level 14 67 15 A. Yes.
.16 Q. And had he performed work as an RP supervisor?
17 A. Yes. 18 Q. And were you aware as to whether he had a 19 reputation concerning adherence to procedures? l 20 A. I am not sure I would say a reputation, but I 21 know he was a get-to-work type -- a get-the-work-done type 22 of person and didn't reference procedures a lot as a 23 general statement about Mbpa. l 24 Q. And he had a nickname. 25 A. Yes. t YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 l
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_ ~ - - - - , _ - - - - - - - . - - - . - _ _ , - - - ----_--.-- --.-.--- __ ----- - --_--- _ fmyTran 3 la 306 1- MR. STEVEN KOHN: . 2 And,.Your Honor... 3 *** 4 BY MR. STEVEN KOHN: l 5 Q. What is a PIF? 6 A. It is a problem identification form. 7 Q. Could the filing of a PIF, concerning the 8 radiation' protection department,. impact upon the 9 professional standing of the manager of that department? 10 A. Yes, potentially. 11 Q. And it -- can you explain how? 12 A. If -- a PIF is when an -- when you have a 13 problem obviously. And if a department had many problems, 14 then that could reflect, in some way, directly on the 15 supervisor of the group. 16 Q. And at Comed, have you ever heard of a phrase 17 PIF wars? 18 A. Yes. 19 Q. Jmd what was your understanding -- and I have 20 a question. Was that word, PIF wars, used by employees on-21 site? 22 A. Yes. 23 Q. And what was your understanding of that 24 concept? 25 A. It was used somewhat as a negative thing-- YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 46
l TmyTrea ).H l 1 307 1 write a PIF on somebody and that would -- they would in 2 turn write a PIF on the person they are -- or the group 3 that wrote the FIF initially and it would go back and 4 forth. i 5 Q. Now, in -- but PIFs were -- and people were 6 encouraged to write PIFs. 7 A. Yes. 8 Q. Was there any formal counseling on-site 9 concerning getting employees to get over this PIF war ; 10 concept or concern? 11 A. There was tailgates. 12 Q. \nd what does that mean? 13 A. Informal direction and awareness-type 14 information to the group... ! 15 Q. But... 16 A. ...a group. 17 Q. But no formal training. 18 A. Not that I recall. 19 Q. Did you ever bring a TV onto site? 20 A. Yes. 21 Q. And did you watch it? ] 22 A. Yes. 23 Q. Did others watch it? 24 A. I believe so. 25 Q. Did anyone tell you to remove the television? YORK STENOGRAPHIC SERVICES, INC. l York, PA 17401 - (717) 854-0077 l l l 1 I Page 47
l l l ( 263 ! 1 WITNESS DIRECT CROSS REDIRECT RECROSS 2 i l 3 For the Complainant: i 4 5 Brent Leslie Robinson 265 385 6 by Mr. O'Malley 315 420 l 7 f 8 Robert G. Chavez 427 9 10 Russ S. Satterfield 432 11 by Mr. Goldberg 436 12 13 Michael E. Masopust 438 14 by Mr. Goldberg 444 15 16 Edwin David Dienethal 449 463 17 by Mr. Goldberg 458 18 19 Randy Daniel Robarge 471 20 526 [As to authenticity) 21 22 For the Respondent: 23 4 [None] ( '3 26 *** ' 27 28 EXHIBIT FOR IDENTIFICATION IN EVIDENCE 29 30 CX-1 495 503 31 CX-2 522 524 32 CX-3 525 527 33 CX-4 528 530 ) 34 CX-5 530 532 35 CX-6 333 536 36 CX-7 304 37 CX-8 581 585 t 38 CX-13 415 417 { 39 CX-33 511 513 j 40 CX-35 538 540 41 CX-36 653 657 42 43 RX-33 -323 325 44 RX-50(a) 327 349 45 RX-50 (b) 329 349 46 RX-66 421 424 47 RX-74 (a) 318 321 48 RX-74 (b) 318 321 1 ( YORK STENOGRAPHIC SERVICES, INC. f, York, PA 17401 - (717) 854-0077 l 1
TayTran 3.14 470 1- ADMINISTRATIVE-LAW JUDGE: l 2~ Any preliminary matters? 3 MR. STEVEN KOHN: 1 4 No,' Your Honor. 5 ' ADMINISTRATIVE LAW JUDGE: l 6 Okay. Call him. 7 MR. STEVEN KOHN: 8 Mr. Randy Robarge. 9 ADMINISTRATIVE LAW JUDGE: 10 All right. Mr. Robarge, do you want to come up 11 here, please, and stand? i 12 l 13 (Witness-sworn) l 14 *** j. 15 ADMINISTRATIVE LAW JUDGE: 16 All right, sir. Have a seat there and state your.
- 17. full name and.your address for the record.
-18 THE WITNESS:
19 My name is Randy Daniel Robarge, R-0-B-A-R-G-E, t
-20 8800 Third Avenue, Kenosha, Wisconsin, 53143.
21 ADMINISTRATIVE LAW JUDGE: 22 Your witness,-Mr. Kohn. 23 MR. STEVEN KOHN: 24 Thank you, Your Honor. l 25 *** YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 c Page 210
Tinyfren 3 to 471 l 1 RANDY DANIEL ROBARGE, q t i 2 called as a witness, having first been duly sworn, 3 according to the law, testified as follows: ( 4 DIRECT EXAMINATION i 5 BY MR. STEVEN KOHN: 6' Q. Mr. Robarge, are you currently married? 7 A. Yes. 8 Q. And how long have you been married? 9 A. Approximately 14 years. 10 Q. And do you have any children? 11 A. Yes. 1 12 Q. And are they from this marriage or a prior 13 marriage? 14 A. A previous marriage. 15 Q. And how many children do you have? 16 A. Two. 17 Q. And what are their ages? 18 A. Twenty years old, daughter; 22 years old, a 19 son. f 20 Q. And where did you go to high school? 21 A. Zion-Benton Township High School. 22 Q. And is that in this local area? 23 A. Yes. That is located in Zion, Illinois. 24 Q. And did you graduate from that high school? 25 A. Yes, sir. YORK STENOGRAPHIC SERVICES, INC. ) f < York, PA 17401 - (717) 854-0077 l 1 i l l Page 211 l
r.c- t e - 472 high school, did o ~1 Q. And in your senior year of
'2 you take a full-time job?
A. Yes, sir. 3 4 Q. And where was that? Plant in Zion, A. Down at the Zion Nuclear 5 6 Illinois. ) Q.
'And what type of work did you perform there?
7 8- A. I was a laborer for Walsh Construction. Q. And that was with a contractor company there. 9 10 A. .Yes. Q. And what were they doing at that time? .f 11 A. Construction of the nuclear facility. 12 Q. And did you participate in the construction of 13 14 that facility? A. Yes, I did. 15 Q. And did you perform any other work at the Zion 16 l 17 Plant, you know, at around this time? A. Yes, I did. 18 19 Q. And what was that? laborer for Pope-Marson I also worked as a 20 A. worked for a company called X-ray [ph) . And I also 21
~22 Engineering.
and that was at the Zion 23 Q. And was that -- 24 Plant. 25 A. Yes. t YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 I
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_ - _ _ _ _ . _ ~ _ _ _ _ . _ Ten,Tran ) 14 473 1 Q. What years are we talking about now? 2 A. I believe it was 1971 is when I started as a 3 laborer down there and 1972 or '73 for X-ray Engineering. 4 Q. And was the X-ray Engineering position in any 5 way related to the work you did in health physics or 6 radiation protection? 7 A. Yes. 8 Q. And what would that relationship be? 9 A. Well, we were doing non-destructive testing of 10 the pipe walls that, of course, the fitters would weld. 11 Also RT and UT of various piping in the plant. We had to 12 set up -- because there was no radiation protection 13 department down there and we had to set up the boundaries 14 that were required by the NRC for, of course, radiography. 15 Q. And I would like you to now look at Joint 16 Exhibit #1. And is this a copy of your -- of a resume for 17 you? 18 A. Yes, it is. 19 Q. And I would like you to look at -- you gave 20 some testimony about working as an X-ray technician. Is 21 that the first entry in this resume? 22 A. Yes, it is. { 23 Q. And can you look at now, the second entry that ! 24 is for the years 9 -- September '73 through January '82? 25 It says Operating Engineers' Local 150. Do you see that? YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 i l - I . l Page 213 L.
Tmytrea 3.1o j; 474 1 A. Yes, I do. 2- Q. What was that position? L 3 A. I accepted' a four-year apprenticeship to 4 become a journeyman for the ' Operating Engineers -- for 5 Local'150. 6 Q. And did you complete that apprenticeship? 7 A. Yes, I did. 8 Q. And did you become a member of that union? 9 A. Yes, I did. L 10 Q. And are you currently a member of that union? l l 11 A. Yes, I am. 12 Q. When you worked as a supervisor in -- at 13 Commonwealth Edison, were you a member'of that union? 14 A. Yes,.I was,'but I had a withdrawal card. I 15 Q. And that enabled you to come .back into the 16 union when you chose. 17 A. Yes. I was still a member, but not active. 18 Q. And what type of work did you perform between 19 1973 and 19827 20 A. Operated heavy eqpipment for Local 150 and as 21 an owner-operator. 22 Q. And was this work at all related to health 23 physics work? 24 A. No. 25 Q. And did there -- why did you -- and I am YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 214
TayTren 3.lo - < 475 1 looking at the third entry on 2/19/92, it mentions Zion 2 Commonwealth Edison. What happened?. I'mean, why did.you 3 -stop working as an operating engineer? l 4 A. I' stopped working as an operating engineer L l- 5 because'of.the' time frame of the economy. It was down. 6 -The building: . trades were slowing down. I think we were 7 even in a little bit of a recession. So therefore work was
- 8 sparse and, of course, I went back into the field.
l '9 Q. Okay. Now, prior to February 1982, had you i 10 been terminated from any of the jobs you had previously 11 held? 12 A. No. 13' Q. Now,.in looking at this February 1982 job, it 14 says, " Commonwealth Edison Zion junior health physics 15 technician." Can you explain what this position was and 16 who~you worked for?
- 17. A. I worked for a contractor firm called DNI, 18 Diversified Nuclear, Incorporated. They are a contracting 19 firm- who supplies contractual technicians to the Zion 20 1 Nuclear Plant and various other plants throughout the 21 country to -- in support of their outages or if they have a 22 forced outage or the need for contractual help.
23 Q. Okay. And was the work you performed as a 24 . junior health physics technician in any way related to the j l 25 work you performed when you became a supervisor at -- when YORK STENOGRAPHIC SERVICES, INC. . York, PA 17401 - (717) 854-0077 ! l l 1 Page 215 l
TanyTres ).14 476 1 you worked as a supervisor in 1996? 2 A. It helped because, of course, that -- the-- 3 your -- you obtain t.ime to get your ANSI qualifications by 4 on-the-job training. So, yes. 5 Q. And so these -- the time you worked here would 6 be applicable to your ANSI...
- 7. A. Qualifications.
I 8 Q. ...for ANSI qualifications? 9 A. That is correct. 10 Q. What about the substance of this work? Is 11 this the type of work performed or supervised by a l 12 radiation protection department? 13' A. Yes. It -- that -- the work was just like the 14 bargaining unit employees down there. Maybe not to the
- 15 major scope of the bargaining unit employees at 16 Commonwealth Edison, but it was the scope of work that the 17 contractual -- I mean, that the bargaining unit empicyees 18 performed down at Edison, 19 Q. So the work you performed at Zion during this 20 time period would be similar, say, to the work of a "B" ]
l 21 tech or a contractor to a "B" tech? 22 A. Yes. Probably all -- probably a little bit 23 higher up because there wasn't an established -- a real 24 established training program like we had back then as far 25 as this is concerned. l YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 1 l Page 216
TmyTrea 3.14 l 477 1 Q. And now, the next entry, this goes -- and I 2 notice this entry goes from February to May -- February 3 1982 to May of '83. And then you have another entry August 4 '83 to -- through November of '83. And this on page 2 of 5 'the exhibit. Again, where were you working then? l-6 A. At the Zion Nuclear Plant for... 7 Q. And you were a contractor. l 8 A. Yes. 9 Q. As a contractor, is that what explains why 10 there is a time lapse here between May of '83 and August of 11 '83? 12 A. That is correct. 13 Q. Just very briefly, how did that work, when you l 14 are working as a contractor as opposed to a regular full-15 time employee? 16 A. Well, if you are working for a contractor, you
- 17. are going to a site and- this is not necessarily Zion 18 stations. It is other stations. Where you accept the job l
19 or become accepted through the company that you are going 20 to work for, whether it be DNI or Bartlett or various other 21 companies. They will put you to work for, say, like their 22 outages, their -- whether they are upcoming or if you are 23 in the outage and they need more help. That is what-- l 1 t l 24 that will transpire. You will stay there and you will ) ' l 25 work. You work until the job is complete, you know, the l YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 l Page 217 l l l- )
. Tmyfree 3. 6a -
478
- s. 1 outage starts winding down and, of course, they lay people 2 off as time goes'oon. And then, of course, once you are 3 laid off from'that job, then you are waiting for another
-4 job. If they have one right away, that is great. If they 5 didn't, well, then you- would wait or go to work somewhere 6 else if need be.
7 .Okay. And again, looking at all -- go-- l Q. 8 looking at this -- again, was. the work you performed at 9 Zion in 8/83 to 11/83, as a junior health physics tech, was 10 that related to -- you know, was that essentially similar 11 to the work you performad earlier between February- '82 and 12 May of '83? 13 A. Yes. 14 Q. And then I see you went -- the next entry here 15 is for Florida Power and Light. 16 A. Yes. 17 Q. When -- and did you go down to Florida to work
- 18. this job?-
L 19 A. Yes, I did. 20 Q. When.you went to Florida to work this job, did 21 you maintain any residency in the Zion area? 22 A. Yes. 23 Q. And throughout this time period, did you 24 consider the Zion area your home? 25 A. Yes. YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 : Page 218
TinyTrea 314 479
', 1 Q. And was -- now, I notice here, you now have 2 the title senior health physics technician. What does that 3 mean in comparison to junior health physics technician?
4 A. The. difference between a junior and senior, as 5 far as ANSI qualifications, would be the time in the' ; 6 business and the' hours built up. That is the difference. i 7 And of course, once you become -- have enough time and I 8 hours, than you would become a. senior health physics 9 technician. Of course, if you passed -- the plant where 1
.10 you work and that if they have an entrance exam also. {
11 Q. And was -- again, is the work that you did at 12 Florida Power and Light -- is that similar to the type of
- 13. . work that "A" and "B" techs would perform?
14 A. Yes, majority "A."
. 15 Q. This would be more like "A" tech work.
16 A. Correct. 17 Q. And now, back in 19 -- and if you look in June ] 18 of '84, you have come back to Zion as a senior health 19 physics technician. And again, would that work be similar i 20 to the work "A" technicians performed? 21 A. Correct. 22 Q. At this time, was Zion an operating plant? 23 A. Yes, it was. l l 24 Q. And essentially, it remained an operating 25 plant all the way through when you worked there. Correct? YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 i Page 219
TonyTran 314 480 1 A. That is correct. 2 Q. So if you look at this, say, resume entry for 3 June of 1984 at Zion, that the physical structure in which 4- you were working there, performing work similar to an "A" 5 tech, would essentially be very similar to the physical 6 structure that existed in 1996. 7 A. That is correct. 8 Q. Okay. Now, in October of '84, I see you are 9 now going to Dresden. 10 A. That is correct. 11 Q. All right. Dresden. Is that owned and 12 operated by Commonwealth Edison? 13 A. Yes, it is. i 14 Q. And this says site coordinator, lead senior 15 health physics technician. Was that a change in position? 16 A. Yes, it was. 17 Q. And what was your new position? 18 A. I supervised various senior techs and junior 19 techs at that site for the scope of their outage work. I 20 even -- not only when I say supervised I also interfaced 21 with Commonwealth Edison management personnel in the l 22 radiation protection department to coordinate times of 23 people coming in, the work they are going to do, and so on, 24 and so forth. Also billing of Commonwealth Edison. I 25 billed for Diversified Nuclear, who I was working for at I i YORK STENOGRAPHIC SERVICES, INC. ! York, PA 17401 - (717) 854-0077 ! l 1 1 Page 220
.__ __ ___-______--__ _-____ ____ a
Tanyfram ild 481 I 1 that time. g
'2 Q. So as the site coordinator, you would be a 3 point of contact between the contracting organization and l
4 the utility itself. 5 A. That is correct. J 6 Q. And how -- what type'of work did you perform ; 7 there? Were you again doing "A" tech level work? Or what 8- were you doing there? 9 A. Oh, yes. I -- even though I was a site 10 coordinator and the senior health physics technician on 11 that. site, I did do work also. 12 Q. And coming out of 1985, I see you returning to 13 Zion on April of '85.
'- 14 A. That is correct. t
. 15 Q. And at this point you are a senior health 16' physics technician.
'17 A. Yes, sir. '
18 Q. Were you demoted from the position of site 19 coordinator to senior health physics technician? 20 A. No, not at all. They have various people that 21 the job might have been gone before then. I might not have 22 been permanent with, per se, DNI. There might have been 23 one of the upper echelon that came in to help, and I think 24 I can. name his name -- Joe Werley. He would travel around 25 to the different sites and he would actually run a lot of YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 o Page 221
Tm Tria 3 64 483
. 1 for an evolution.
2 Q. In 1996, was this type of work being performed 3 in the department you worked at Commonwealth Edison? 4 A. Yes. 5 Q. Who was -- what group or who was performing 6 this type of work? 7 A. The ALARA group. 8 Q. Okay. And now, I notice in '85, you went now 9 to Brian Byron. 10 A. That is correct. 11 Q. As a health physics advisor. 12 A. That is correct. 13 Q. And what is a health physics advisor? 14 A. Well, at that particular point, there was a 15 site coordinator over there that was going to run a job. 16 He was new with DNI and they wanted me to go over there and 17 help make sure that -- or he could achieve orientation with 18 all the people over there, help out with the contractual 19 processing of the technicians onto the site because this 20 was the first time for him as a site coordinator. 21 Q. The -- this says here helped institute the 22 radiation protection procedure course. 23 A. Correct. 24 Q. So were you involved in training? 25 A. Yes. l-YORK STENOGRAPHIC SERVICES, INC. p York, PA 17401 - (717) 854-0077 Page 223 l
TonyTess 3.84 484 1 Q. And your next is back in -- it seems as if you 2 went immediately from there back to Zion. 3 A. That is correct. 4 Q. As a senior health physics technician. 5 A. That-is correct. 6 Q. And again, the testimony you gave earlier 7 about the senior health physics technician, that is 8 essentially the work you were performing at Zion. 9 A. That is correct. 10 Q. Then I notice you went to Wisconsin in 1986... 11 A. Uh-huh. 12 Q. ...as a senior health physics technician. 13 A. That is correct. 14 Q. And was that again similar work too? 15 A. Yes, it was. 16 Q. And then back to Zion, senior health physics 17 technician again, again similar work in '86, '87? 18 A. Yes. 19 Q. And without going through each of these 20 instances, if you could then look at the assignments you 21 took from 1987 through 1988, they are all senior health 22 physics technicians. Is that a -- essentially the same 23 type of work? ! 24 A. Yes, with the exception of -- in '87 I was l 25 site coordinator positioned at Turkey Point. l YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 224
v.,v, m 485 i 1 Q. And that work was similar to what you have 2 testified a site coordinator does. 3 A. Yes. 4 Q. Now, I notice in -- on page 5 of this exhibit, 5 in 1988 you were at La Salle, which is a Commonwealth 6 Ediron plant. 7 A. That is correct. 8 Q. And now it says health physics liaison. What 9 was that job? 10 A. That was basically just like the ALARA job at 11 various plants. I would interface with the contractor, 12 station management, and also station -- the Commonwealth 13 Edison station management, and help plan the evolutions 14 out. I would also do various surveys. If there were any 15 contractual problems between the contractors and the Edison 16 employment, I would act as a go-between. 17 Q. And again in '88, health physics supervisor in 18 Zion -- I assume that is the same type of position you held 19 earlier. 20 A. I was actually... 21 Q. A supervisor. 22 A. ...a supervisor at Zion at that point.
~
23 Q. Okay. And what was it -- what does it mean 24 you became a health physics supervisor? 25 A. I would supervise the contractor techs that YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 I Page 225 , L_i____ -_ ___ _ _ _ _
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TeetTrna 3 la 486 1 worked for DNI at Zion. 2 Q. At'this point, did you actually do the tech 3 . work or were youlfull-time supervising? 4 A. I was a full-time supervisor, but I would 5 always help out when needed.
.6 Q. And again, coming in from 11/88 through 5/89, 7 there's three positions, all either site coordinators or
- 8. senior health physics technician. Again,.the type of work 9 you did was similar.
10 A. That is correct. 11 Q. Now, of -- at -- for-Commonwealth Edison, how 12 .many of their nuclear plants did you work at? 13 A. I worked at every one except one. 14 Q. Which one was that? 15 A. Quad Cities. 16 Q. .Was there any -- did working at- one -- was 17- there any overlap -- were these totally independent i 18 entities or was there any overlap of procedures or work? 19 A. No. They all had their separate procedures. 20 Q. Do you think working at their different plants 21 assisted you, in any way, in doing your job at any one 22 plant? 23 A. Oh, absolutely. 24 Q. Why? [ 25 A. Well, some are PWRs, some are BWRs. So you i YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 226
TopTran 3. 60 487 1 have boiling versus pressurized water reactors. So, yes, 2 that helped. 3 Q. And this says -- this resume ends in -- as of 4 8/89 through 9/20/89, health physics supervisor at Zion. 5 A. That is correct. 6 Q. And was that your last position as a 7 contractor? 8 A. Yes, it was. 9 Q. And what happened after that? 10 A. After that, I was offered a job by 11 Commonwealth Edison at Zion Station. 12 Q. And was this a contractor position or a full-13 time position? 14 A. No. That was a full-time, permanent position. . l 15 Q. And were references sought for you in order to 16 obtain that job? 17 A. Yes, they were. 18 Q. Okay. ~And if you can look at Exhibit 2, can 19 you identify the documents in Exhibit 27 20 A. Yes. 21 Q. And were these some of the references or all 22 of the references that were obtained for you for that 23 employment? 24 A. Yes, they were. And looking through them, there's some 25 Q. YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 227 m_____ . _ _ _ _ _ _ _ _ _ . -- j
488 1 descriptions -- these former supervisors -- well,'first, 2 were all the -- did the people who sign these statements,- 4 3 were they your former supervisors? 4 A. Dana- Husta [ph) was a former supervisor and 5 vice versa. Terry Creekmore (ph] was not a supervisor for 6 me. Tony Hall was not a supervisor for me. Jim Ramich was 7 a supervisor. 8 Q. And do you believe the descriptions these 9 people gave of you-are generally accurate? 10 *** 11' MR. O'MALLEY:
'12 Objection, hearsay.
13 *** 14 BY MR. STEVEN KOHN: 15 Q. I mean, do these -- do the descriptions 16 contained in these letters of reference comport with your 17 own self-assessment of your performance? 18 *** 19- ADMINISTRATIVE LAW JUDGE: 20 You may answer it. 21 THE WITNESS: 22 Yes, I do. 23- *** 24 BY MR. STEVEN KORN: L 25 Q. And if you would please look at exhibit-- YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 I Page 228
489 1 Joint Exhibit 3, can you identify this document? 2 A. Yes. 3 Q. And what is this? 4 A. This was a letter from Professional Placement 5' that have -- they evaluated the recommendations and they 6 are a -- find that they were impressed with the previous 7 experience and they offered me a position as an engineering 8 assistant in the radiation protection department at Zion... 9 Q. And... 10 A. ... Nuclear Station. 11 Q. ...did you accept that position? 12 A. Yes, I did. 13 Q. And was that -- what level were you hired 14' into? 15 A. That was a level 5. 16 Q. Okay. And if you would now please look at 17 Exhibit # -- Joint Exhibit #4. 18 *** 19 ADMINISTRATIVE LAW JUDGE: 20 Mr. Kohn, do you intend to offer these all the end - 21 or what? 22 MR. STEVEN KOHN: I 23 These are Joint Exhibits which were already 1 24 admitted. 25 ADMINISTRATIVE LAW JUDGE: I 1 I YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 229
. - , . . _ . - i 490 1 These are all joint? Oh, I thought they were 2 Claimant. Okay. They are accepted then if they 3 are joint.
5 4 MR. STEVEN KOHN: ) 5 Thank-you, Your Honor. 6 *** 7 BY MR. STEVEN KOHN: 8 , Q. And if you -- could you please look at Joint 9 Exhibit #47 And what is this document? 1CL A. This is a document to a Mr. Joyce regarding my 11 ANSI qualifications. 12- Q. And does it -- were you ANSI-qualified at this 13 time? 14 A. Yes. 15 Q. And if you turn page 2, that means you had 16 over four -- on page 2 you either exceeded four years 17 experience or 8,000 hours. 18 A. Oh, yes. 19 Q. And in fact, were you technically ANSI-20 qualified prior to even applying at Plant Zion? 21- A. Oh, yes. 22 Q. And why did you have to get officially ANSI-23 qualified at this time? 24 A. To become a supervisor. l l 25 Q. Okay. And were you -- did you receive a 1 YORK STENOGRAPHIC SERVICES, INC. , York, PA 17401 - (717) 854-0077 Pago 230
- . _ _ _ _ _ _ _ - _ _ _ - _ ______-_______A
491 1- promotion in or about May of 19917 2 A. Yes. I believe it was January the 7th or 3 1991. Okay. And what was that? ! 4 Q. 5- A. The radiation protection department 6 interviewed me to take the job as a radiation protection 7 supervisor. 8 Q. And did that include a level increase in terms 9 of your grade there? 10 A. Yes, it did. 11 Q. And what level did you move to? 12 A. Level 6. 13 Q. Was'your experience as a contractor useful to 14 you in performing .your job as a radiation protection 15 supervisor? 16 A. Absolutely. 17 Q. Did other supervisors in your department share 18 that experience? 19 A. I believe that none of the supervisors that 20 were supervisors when I was there ever worked as a contract 21 technician. Some of them have worked as a bargaining unit 22 employee so they did some hands-on work. But as far as 23 other plants, not that I am aware of. 24 Q. .And was that level of experience useful in 25 performing your job as a supervisor? YORK STENOGRAPHIC SERVICES, INC. L l York, PA 17401 - (717) .854-0077 i Page 231 L L
492 ] 1 A. Absolutely. l 2 Q. And how many union techs did you have to , 3 ' supervise? 4 A. Approximately 30 to 34. 5 Q. And would you also have any responsibilities 6 over contractors who may come in? 7 A. Yes. 8 Q. And during a major outage, how many 9 contractors may be hired in to work with -- under the 10 control or direction of the radiation protection , 11 department? 12 'A. It would vary from outage to outage. I would . 13- say anywhere from 30 to 60... 14 Q. And did your... 15 A. ... contract... 16 Q. Did your -- I'm sorry. 17 A. Contract technicians. 18 Q. Okay. Thirty to 60. And did your experience 19 as a contractor help you in being able to properly 20 supervise that work? 21 A. Yes, absolutely, because I have done it prior 22 before. 23 Q. Now, you have heard testimony concerning 24 your -- from other witnesses that you would sometimes be 25 assigned hot jobs. YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 l l i Page 232
g , 493
-1 A. Yes.
2 Q. Was'that correct testimony? 3 A. Yes, it was. 1 4 Q. And what was your understanding of a hot job? 5 A. 'That was a job that was a high risk. There 6 could be high-risk meaning from either contamination, . 7 radiation, the potential for something to happen that could 8 have been -out of' the ordinary, time-consuming, attention-9 to-detail type job. 10 Q. Was the steam gasket generator job a hot job? 11 A. Yes. 12 Q. Did your work as a contractor help you in 13 being able to perform or supervise hot jobs?
~14 A. Yes, it did.
15 Q. Now, did -- when you would work on a hot job, 16 was that strictly behind the desk or was it in the' field or l t 17 both? 18 A. It would be both, but mostly you would work 19 supervising out in the field. You would want the hands-on 20 type of supervision out in the field.
- 21. Q. And would you get dirty yourself?
22 A. Oh, yes. I would have to dress out and-- 23 absolutely -- and sometimes I performed surveys. 24' Q. And based on your perception of the allocation 25 of hot job assignments within the radiation protection YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 233
494 1 dapartmant whan you ware a' supervisor, what was your 2 perception of- how -- you know, of whether you would be 3 assigned those types of positions? 4: A. I was asked more than other people to accept the responsibility for these types of jobs. l 5 6 Q. And did you accept that responsibility? 7 A. Yes. 8 Q. Now, as. I understand it, you started working 9 for Commonwealth Edison on December 11, 1989. { 10 A. That is correct. 11 Q. Prior to that, had you ever been' terminated 12 for cause from any position? i 13 A. No. 4 14 Q. Had you ever been requested to submit a 15 resignation because you were going to be terminated for ! I 16 cause? l 17 A. No. l l 18 Q. As -- when you became an employee at i 19 Commonwealth Edison, did the company make an investment in ! 20 you? l 21 A. Yes. 22 Q. And can you describe the investment they made 23 in you? l 24 A. Well, in the training -- various training 25' programs -- in fact, a lot of training programs. Of YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 234 l L.
l 495 1 courca, cn investmsnt was cleo gaarad by the exparience i 2 that you have or -- you know, to show -- what you have 3 showed. 4 Q. In terms of training, I would like you to turn i I 5 to Complainant's Exhibit 1. And my first question is, can 1 6 you identify these documents? 1
-7 A. Yes, I can.
i 8 Q. And what are these documents? I 9 A. These are various training certificates that I 10 had completed. 11 Q. Now, did there come a time after your i 12 discharge you requested your personnel file from ! 13 Commonwealth Edison? 14 A. Yes. 15 Q And were you given a document that purported 16 to be that file or were you given material that purported 17 to be the contents of that file? 18 A. Yes, some. 19 Q. Did you believe that that material given to l 20 you was complete? 21 A. Absolutely not. 22 Q. And were notifications of all your trainings 23 in that file? 24 A. No. 25 Q. And in addition to certificates, did you YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 235 L___________ - _ _ _ _ - - - - - _ - . .
1 496 1 undergo any other type of trainings in which a certificate 2 ~ would not be given? 3 A. Yes. 4 Q. And to the best of your knowledge, would 5 Commonwealth Edison make recordations of these trainings? ) I 6 A. Some they would. Some they wouldn't. { 7 Q. And when you saw that material, which'you were 8 told was _your personnel file, was there any document in 9 there that listed the trainings you had undergone but for 10 which no certificates had been given? 11 A. Not to my knowledge. 12 Q. And when you say not to your knowledge, you 13 looked at that. { 14 A. Yes. 15 Q. Was it in there? l 16 A. No. 17 Q. It was not in there. 18 A. No. 19 Q. In looking at Exhibit 1, if we can go through and let's look at page 1. Did you, in fact, 20 that -- 21 undergo this training? 22 A. Yes, I did. Was this required or is this something you-- 23 Q.
-24 a training you undertook voluntarily?
25 A. No. This was voluntary. YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 l L Page 236 l
497 1 Q. Okay. And going to page 2, which is 2 introduction to power plant operations, was this training a 3 required training or was this a mandatory training? 4 A. This was actually -- this training right here 5 was actually the -- we did it out in a training class, but 6 it was on a voluntary basis also. 7 Q. About how long did this training go on for? 8 A. .That was one week. 9 Q. And going to page 3 of this exhibit, the 10 scientific ecology group, was this a mandatory training or l 11 a voluntary training? 12 A. That was voluntary. 13 Q. And approximately how long did this training 14 go on for? 4 1 1 15 A. One week. j l 16 Q. And looking at page 4 of this exhibit, again, 17 was this a mandatory or a voluntary training? 18 A. This was actually mandatory. 19 Q. And approximately how long did this training 20 last? 21 A. This was three days or two days. 22 Q. And looking at page 5, the PWR systems 23 training certificate, was this mandatory or voluntary I 24 ' training? l 25 A. I am not sure on that. I don't know if that l YORK STENOGRAPHIC SERVICES, INC. d ' York, PA 17401 - (717) 854-0077 l i Page 237 f L-_____-_-_-___-_____________.
498 1 was pmrt of tha qualifications. I don't -- I balieve that 2 was voluntary. 3 Q. But you are not quite sure. 4 A. I am not quite sure. l 5 Q. And approximately how long did this training 6 last for? l 7 A. On the PWR systems, I believe it was two l i 8 weeks. 9 Q. And looking at page 6, strategies for 10 supervisors. Was that a mandatory or voluntary training? 11 A. That was mandatory. 12 Q. And how long did that last? 13 A. Approximately there were four or five one-week 14 sessions of this or the next training. I am not sure on l 15 these two because they were both in -- with -- in re~gards 16 to supervisory training. 17 Q. Okay. And you are saying the next one, that 18 is page 7 of Exhibit 2 [ sic - Exhibit 1), which is first-19 line supervisor training program? 20 A. Correct. 21 Q. So your -- would it be your testimony that 22 between pages -- the two certificates on 6 and 7, that the 23 collective time of that training was about five weeks? 24 A. For the one program probably a little bit l-l 25 more. It was probably more like nine weeks collectively. l-YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 238
499 1 Q. Nine weeks collectively. And looking at 2 Exhibit 1, page 8, was that -- the radiation detection 3 measurement -- was that mandatory or voluntary? 4 A. That was voluntary. 5 Q. And how long did that training last? 6 A. Three days. 7 Q. And looking at the certificate from the 8 Pacific Radiation Corporation, for a self-study in 9 radiation protection technology -- do you see that? 10 A. Yes. 11 Q. Was that mandatory or voluntary? 12 A. Voluntary. 13 Q. And just describe briefly what you had to do 14 to get this certificate? 15 A. This was a home-study course. They would send 16 you tests. You would take the test after you read the 17 chapters in the book. And finally, you would have a final-18 exam and they send yvu the final exam. And if you -- upon ] 19 completion of that, they would send you the certificate. 20 Q. Okay. And now, I would like you to look at-- 21 I think, Exhibit 1, pages 10, 11, and 12. Are these all 22 interconnected or related to the same training? 23 A. Yes, they art. 24 Q. And... 25 YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 l l l I L Page 239 j I L_ ____:___-___-____.
500 1 MR. O'MALLEY: 2 Mr. Kohn, is this all Bremsstrahlung University 3 commencement address? That one? 4 MR. STEVEN KOHN: 5 Yeah. Yeah. That begins on page 10. And then 6 page 11 .is the Bremsstrahlung University greeting 7 the certificate and then there is a page 12. 8 *** 9 BY MR. STEVEN KOHN: 10 Q. Can you describe to the Court what this 11 training was all about? 12 A. Yes. It was a course taken down in Oak Ridge, 13 Tennessee at their universities down there. And it was a 14 five-week course in which they .went over various 15 instrumentation, various things to do in.more of the 16 HP-type line of work. 17 Q. Health physics? 18 A. Yes. 19 Q. And was this mandatory or voluntary? 20 A. Voluntary. 21 Q. And who paid for this? 22 A. Commonwealth Edison. 23 Q. And were you -- you said this took place in 24 Oak Ridge, Tennessee. 25 A. Yes. YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 I Page 240
501 1 Q. How did you get to Oak Ridge, Tennessee? 2 A. I flew. 3 Q. And who paid for that? 4 A. Commonwealth Edison. 5 Q. About how many times did they fly you back and 6 forth during the course of this training? 7 A. I think I flew back every weekend except for 8 one. 9 Q. And was this a -- would -- did you view this 10 as a difficult training exercise? 11 A. Absolutely. 12 Q. And I forgot if I asked you this, but I ask 13 again, was it mandatory or voluntary? 14 A. Voluntary. 15 Q. Okay. And now, if you can please turn to page 16 13 of this exhibit? And do you recognize what this was? 17 What this document is? 18 A. Yes. 19 Q. And was this a mandatory or a voluntary 20 training? 21 A. This was a mandatory, I believe. 22 Q. And how long did this last for? 23 A. It was in oar training session out at RP, so 24 it was mandatory. A couple of days. 25 Q. Okay. And finally, I see on page 14 of -- the YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 241
l L 502 ) I 1- last page. of . this exhibit, a MARC supervisory. training I k 2 certificate. 3 A. 'That is correct. l 4 Q. Did you, in fact, go through MARC training? 5 A. Yes, I did. 6 Q. And approximately' how long did the MARC 7 training last? 8 A. It lasted for like three or -- I think'there 9 were like five sessions -- five sessions, one day per 10 week -- one or'two... I 11 A. And... l 12' Q. ...one or two days. I 13 A. ...was there reading material which 14 accompanied these sessions? I 15 A. Only in books, yes. 16 Q. And did you read those books? i 17 A. Yes. l 18 Q. And would you do that at home... 19 A. Yes. 20 Q. ...or at work? 21 A. I would do it at both places because actually J 22 they gave us homework to do to take home. 23 Q. And you successfully completed the MARC 24 training program. 25 A. Yes. YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 242 1
503 1 *** 2 MR. STEVEN KOHN: 3 And, Your Honor, I would move for the admission of 4 Exhibit 2 -- excuse me, Exhibit 1... 5 ADMINISTRATIVE LAW JUDGE: 6 1. 7 MR. STEVEN KOHN: 8 ...in its entirety. 9 ADMINISTRATIVE LAW JUDGE: 10 Objection? 11 MR. O'HALLEY: 12 None whatsoever, except relevance, Your Honor. 13 *** 14 BY MR. STEVEN KOHN: 15 Q. Now, Mr... 16 *** 17 ADMINISTRATIVE LAW JUDGE: 18 Wait. I should rule on it. It is received. Okay. 19 MR. STEVEN KOHN: 20 Thank you, Your Honor. 21 MR. O'MALLEY: 22 Thank you, Your Honor. 23 24 BY MR. STEVEN KOHN: 25 Q. Now, Mr. Robarge, you would attend trainings YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Paga 243
504 1 ont -- other than these mandatory trainings at Commonwealth 2 Edison.
.A. Yes.
4 Q. And how often would these trainings happen?
-5 'A. Oh, we would have quarterly RP training. And 6 we would have annual GSEP training. There might be some f 7 other-company-mandated trainings.
8 Q. Okay. But essentially, every ' quarter you 9 ~would attend a mandatory radiation protection training. 10 A. Yes.
.11 Q. kid how long would.that training last for?
12 A. One week. 13 Q. And who would attend? 14 A. -Supervisors and the radiation- protection
.15 bargaining unit people.-- union people.
16 Q. Now, there was testimony earlier in this l'7 proceeding, which. I believe you may have heard about the 18 atmosphere in these trainings. 19 ~A. Yes. 20 Q. Was that testimony accurate? 21 A. Oh, absolutely. 22 Q. And can you describe your own impression of 23 the atmosphere at the trainings? 24 'A. Sure. We would go out there Monday through 25 Friday usually, and when you reported out there, you would i YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 244
505 1 report out there about 7:00 -- about quarter -- in the 2 morning. About 7:15 the instructors would come up, and of 3 course, they would kick off the day -- you know, what is 4 going on? What happened last night? Just kick it off 5 current news, sports, jokes -- just anything. It was a 6 very relaxed atmosphere. They also stated that everyone is 7 equal out there. So even though I am an RP supervisor over 8 in the plant, that out here I was a equal like a union 9 technician. And of course, everything that went on out 10 there -- and they made this very explicit -- that it was 11 kept in here. 12 Q. And was it important for the training for 13 there to be a relaxed atmosphere? 14 *** 15 MR. O'MALLEY: 16 Objection to the extent it calls for more hearsay. 17 And move to strike the last. 1 1 18 ADMINISTRATIVE LAW JUDGE: 19 I am going to allow the question and see where it 20 goes. 21 THE WITNESS: 22 I think it was a real good training aid to have a 23 relaxed atmosphere.
-24 25 BY MR. STEVEN KOHN:
i YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 245
506 1 Q. Why? 2 A. I think that it made everyone feel 3 comfortable. It cut the tension of the material that you 4 were going to study or of the upcoming sessions of the 5 training. Yes. I think it was a good idea. 6 Q. Okay. Did you ever participate in making a j i 7 training video? { 8 A. Yes. 9 Q. Was that training " ideo approved officially by 10 Commonwealth Edison? 11 A. I believe so. I believe it has a copyright. 12 So, yes. 13 Q. Was that training video shown by Commonwealth 14 Edison to employees of Commonwealth Edison? 15 A. Oh , yes. 16 Q. And what was the training video on? What was 17 the subject matter? 18 A. The subject matter was going over, actually, 19 . procedures, radiation areas, R-key doors, various items 20 like that. 21 Q. And based upon your knowledge -- do you know 22 for which classes that video was prepared for? 23 A. Yes.
'24 Q. What was that?
25 A. They used it for NGET. ! ! YORK STENOGRAPHIC SERVICES, INC. ( l York, PA 17401 - (717) 854-0077 ! I Page 246
507 1 Q. And if something was used in NGET training, 2 what -- how many employees would end up seeing that? 3 A. Well, you -- an employee would have to go 4 through if they were "A" qualified to go in the radiation 5 . area, they would see that training video once a year. Plus 6 of course, plus the Comed employees and then you have all 7 the contractual people that would come in for outages that 8 would also have to receive NGET and they would see it. 1 9 Q. So every employee who had the -- who would get ! 10 the NGET would have to see this video. 11 A. If they were required to have -- and I don't know if it was either an "A" card or a "B" card, but it was
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12 13 their distinction between being able to go into the RPA or 14 not go into the RPA. 15 Q. Okay. Oh. So to go into the radiation 16 protection area you would need to see this. 17 A. Yes. 18 Q. And you are just not sure about entering-- 19 whether it was required to enter the non-radiation 20 protection area. 21 A. That is correct. I mean, it might have been 22 shown to those people, but I know it was required for the 23 other card. 24 Q. Okay. 25 *** YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 1 l l Page 247 j
508 1 MR. STEVEN KOHN: 2 Your Honor, at this time, I would like to play the 3 video and then have it introduced into evidence. 4 It lasts about ten minutes. And I think it will be 5 very -- and I can -- I am going to ask the witness 6 some questions on it. And I think it will be very 7 significant in giving this Court a feel for the 8 type of atmosphere that was promoted in trainings. 9 MR. O'MALLEY: 10 Objection, Your Honor. 11 ADMINISTRATIVE LAW JUDGE: 12 What is your objection? 13 MR. O'MALLEY: 14 We just were handed that late yesterday. We have 15 not had video -- VCR facilities last night to view 16 that. It has been produced to us after the close 17 of discovery, after they have said all the 18 documents they intended to rely upon. We haven't 19 seen it, haven't had a reasonable opportunity to 20 view it, and it is too late. 21 ADMINISTRATIVE LAW JUDGE: 22 Well, is this a Respondent video? 23 MR. STEVEN KOHN: 24 Yes, Your Honor. 25 ADMINISTRATIVE IAW JUDGE-l- YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 1 1 l
- l Page 248
9.,ra.a se L 518 L i 1 BY MR. STEVEN KOHN: 2 Q. Now, Mr. Robarge, in the beginning of the 3 movie the character, who is a simpson-type character, he at 4 one' point says money and girls. Do you remember that? 5 A. Yes, I do. 6 Q. Did anyone ever come to you and state that. 7 that'was wrong or inappropriate? 8 A. No. 9 Q. And at another point in the video someone says l 10 " son of a B" and it kind of blips it out. Did anyone ever 11 come to you.and ask that that get taken out of that 12 videc -- it was somehow inappropriate? ! 13 A. No. 1 14 .Q. And at another point in the movie does a 15 worker yell and utter a swear word? .!' 16 A. Yes.
- 17. Q. And what was that word?
- 18. A. Shit.
19 Q. And did anyone ever come to you and say that
~20 that should be edited out of this film?
21 A. No. 22 -Q. And to the best of your knowledge, was that 23 movie shown in actual training classes at Plant Zion? 24 A. That is correct. l 25 Q. Okay. The -- new, in addition to the company l YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 t Page 258
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519 1 trainings, did you attend any other -- did the company pay 2 for you to' attend any other outside -- you know, out-of-3 state-events? 4 A. Yes. 5 Q. And can you remember what they were? 6 A. I went to a health physics convention in Los 7 Angeles, California. I went... 8 Q. And who paid for that? 9 A. Commonwealth Edison. 10 Q. And how long did that last for? 11 A. I believe it was one week. 12 Q. Okay. And any other out-of-state events? 13 A. Yes. 14 Q. And what was that? 15 A. We went -- well, about three of us went over 16 to Palisades Nuclear Generating Station. I had the task of 17 watching their re-rack -- Springfield Pit re-rack job and 18 writing.a report up on that because we were just going into 19 that evolution. 20 Q. And again, who paid for that trip to l l 21 Palisades? l I 22 A. Commonwealth Edison. I 23 Q. And where is that located? 24 A. In Michigan. l 25 Q. In terms of the voluntary training you i l YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 7,59
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h? ram ) 14 520 1 undertook, did that help you in performing your duties as a 2 radiation protection supervisor? 3 A. Yes. 1 4 Q. And can you explain briefly how? 5 A. Well, the different trainings would help in 6 the areas of whether it be instrumentation because I was j 7 instrumentation coordinator at one point. Also the 8 computers, the PC, taking a course on that to enhance my i 9 knowledge on a PC, which, of course, I was on a computer at j 10 the desk and had to use a computer for various GSEP events 11 if any occurred or for practice sessions. It just helped 12 the overall knowledge as a supervisor for working at l 13 Commonwealth Edison. 14 Q. Now, when you became a supervisor in the ! l I l 15 radiation protection department, would you be given ! 16 annual -- or would you be given periodic performance 17 reviews? i 18 A. Yes. , i 19 Q. And on what -- how often were those reviews ' 20 given? 21 A. Yearly to every year-and-a-half. 22 Q. And when you received a -- when you obtained a 23 copy of your personnel file after you were discharged, did I 24 you review that file to see if it had copies of your annual l 25 reviews? YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 t 1 \ l Page 260
v,.,r, a u 521 L 1 A. Yes, I did. 2 Q. And did it? 3 A. No, it did not. 4 Q. And to the b2st of your recollection, how were 5 you reviewed? 6 A. M.S. 7 Q. And what did that mean? 8 A. Meets expectation, never below. 9 Q. And did you ever receive what might be -- what 10 is known as a merit pay increase? 11 A. Every year. Some -- every year. 12 Q. And would merit pay increases be tied to the 13 performance review? 14 A. Absolutely. 15 Q. And did you -- when you obtained a copy -- or 16' when you looked at what purported to be your personnel file 17 after you left or you -- or excuse me, you obtained the 18 documents that they -- you were, told were in it, was there 19 information in there concerning your annual merit pay 20 increases? 21 A. No. 22 Q. And did you ever receive a merit pay increase l 23 more than once a year? 24 A. I believe on two occasions I did. l 25 Q. And that would mean you -- in one year you YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 261 i i
ToyT,ss J.H 522 1 received two merit pay increases... 2 A. That is correct. -j i 3 Q. ...within a 12-month period. l 4 A. That is correct.
-5 Q. Would you' please look at exhibit --
and this l i t' 6 is Complainant's Exhibit 2? l 7 *** l 8 MR. STEVEN KOHN: . 9 And.for the record, Complainant's Exhibit 2 is'a 10 two-page document. The first is a letter or a , 11 memo -- on the top, immediate action requested, 12 dated June 28, 1994, to Greg Kassner from a 13 Rick Irwin. The 'second is a -- what looks--
'14 appears to be a memo dated March 19, 1996, to :
.15 Randy Robarge and from a Dana Sorfley (ph) .
'16 17 BY MR. STEVEN KOHN:
18 Q. Can you identify these two documents? 19 A. Yes. 20 Q. And turning to page 1 of Exhibit 2, what is 21 this document? 22 A. It is an adjustment to my salary. i 23 Q. And do you remember obtaining this adjustment 24 to your salary? t 25 A. Yes, I do, t l : I YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 , Page 262
, Tampitas ) 14 523 1 Q. . And what were the circumstances of that?
2 .A. The adjustment was from selected supervisors.
. 3 .They did a salary review. And I was told this was on 4~ merit.
5 Q. And when you say a review of selected 6 supervisors, did you understand that this is something that 7 you and a selected group got but other supervisors did not 8 obtain this? Was that your understanding... 9 A. That is correct. 10- Q. ...at the time? And you -- who informed you 11 that this was for merit? 12 A. Mr. Kassner. 13 Q. And turning taa page 2, can you identify this 14 document? 15 A. Yes. 16 Q. And what is this document? 17 A. Another increase in salary. 18 Q. And again, do .you know the -- was this a 19 regular annual merit increase? 20 A. No. This'was not a regular merit increase. 21 Q. And what was it then?
]
22 A. This was a market adjustment. 23 . Q. To your understanding, was this based on merit 24 or inflation? 25 A. I think that was inflation. I am not -- I YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 l Page 263 I _ _ _ ._. __ _ _______________________ _ a
Tiny 7enn 314 524 1 don't'know -- I -- you know, they put congratulations and I 2 was told' not to tell anyone else about it. So I don't 3 know. 4 Q. Okay. So at the time you received this you 5 were told not to tell other people you received this 6 adjustment. 7 A. Yeah. They said don't show it around. 8 Q. And did you receive this on or about March 19, 9 1996? 10 A. Yes. 11 Q. And... 12 *** 13 BY MR. STEVEN KOHN: 14 Your Honor, I move for the admission of 15 Complainant's Exhibit 2, both pages. 16 ADMINISTRATIVE LAW JUDGE: 17 Any objection? 18 MR. O'MALLEY: 19 No objection, Your Honor. . 20 ADMINISTRATIVE LAW JUDGE: 21 Hearing none, Claimant's Exhibit 2 is received and 22 is now part of the record. 23 *** 24 BY MR. STEVEN KOHN: 25 Q. And, Mr. Robarge, looking at page 2 of 2, was YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 f l' Page 264
Tayfran ) p 525 1 this market adjustment on March 19, 1996 -- did you obtain 2 this within_the 12-month period of your discharge? 3 .A. Yes, I did. 4 Q. Okay. And would you please turn to Exhibit 3? 5 *** 6 MR. STEVEN KOHN: 7 And for the record, Exhibit 3 is a two-page 8 document consisting of a certificate that says a 9 pat on the back. Page 1 is dated March 26, 1991, 10 and page 2 is dated April 3, 1995. 11 *** 12 BY MR. STEVEN KOHN: 13 Q. Can you identify page 1 of Exhibit 2 [ sic-14 Exhibit 3] ? 15 A. Yes. 16 Q. And what is this? 17 A. This is a -- a pat on the back is a job well-18 done and the owner, whoever signed it, wrote it out to 19 thank you for all the help and he wanted to recognize it 20 and have the station recognize it. 21 Q. And was this posted anywhere on-site? 22 A. Yes. l 23 Q. And where would it be posted? 24 A. They would post it at the entrance to the 25 service building area. l YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 !~ Page 265
Tm?rse ) to l 526 i 1 Q. So employees walking by would see this. !- 2 A. Yes.
- 3. ***
4 MR. STEVEN KOHN: 5 Your Honor, I move for the admission of Exhibit 3. ADMINISTRATIVE LAW JUDGE: ~~ 6 7 Objection? 8 MR. O'MALLEY: 9 Your Honor, will you allow any voir dire of 10 exhibits like this? 11 ADMINISTRATIVE LAW JUDGE: 12 Do you nave a question on voir dire? Go ahead. 13 MR. O'MALLEY: 14 Thank you. 15 *** 16 DIRECT EXAMINATION
.17 [As to Authenticity) 18 BY MR. O'MALLEY:
19 0 Who is the signature of the submitter on the 20 March 26 and the April 3, 1995, submitter? The March 26, 21 1991, and the April 3, 1995? 4 1 22 *** 23 ADMINISTRATIVE LAW JUDGE: 24 Who signed it? 25 THE WITNESS: 26 It was John Helfenberger's signature on the one ! YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 f h - 1 J Page 266 L___________________-.___. -
Torfran 3 80 527 1 from 1991, and Joe Bonucci on the pat on the back 2 from 1995. 3' *** 4 BY MR.'O'MALLEY: 5: .Q. And how do you k:.ow these two people? 6- A. They worked in different departments at Zion 7 Nuclear Station.
'8 Q. Were they friends of yours? l 9 A. They were coworkers.
10 *** rc 11 MR. O'MALLEY: 1 12 I have no objection, Your Honor. j 13 ADMINISTRATIVE LAW JUDGE: 14 Okay. Hearing no objections, Claimant's Exhibit 3 15 is admitted and now part of the record. 16 *** 17 DIRECT EXAMINATION 18 (Continued] , l 19 BY MR. STEVEN KOHN: , 20 Q. Mr. Robarge, when you were given documents 21 that purported to be taken from your personnel file, were 22 these pats on the back in there? 23 A. No. 24 Q. Mr. Robarge, in 1996 did you engage in any 25 activities at work which may be considered volunteer in 26 nature? ! YORK STENOGRAPHIC SERVICES, INC. l York, PA 17401 - (717) 854-0077 1 l { l l 1 Page 267
Tmytres 3 la 528 1 A. Yes. l 2 Q. And can you please-turn to Exhibit #4? Again, 3 Complainant's -Exhibit 4,- which is a one-page document I 4 entitled, " Zion Health Club." Can you identify this 5 document? q t 6 A. Yes, I can. 7 Q. And what is this document? i 8 A. .This was a letter that I typed up telling 9 everyone that we finally worked to get this health club put 10 in place at Zion Station. And there were various people-11 that helped work on it. And this was actually a memo or a 12 . letter I gave out to the people in our department about 13 joining the health club. 14 Q. And can you describe the efforts you undertook 15 to: establish the Zion Health Club? 16 l 17 MR. O'MALLEY: 18 Objection, irrelevant.
-19 ADMINISTRATIVE LAW JUDGE:
20 I will allow it. We will see the weight when it 21 comes time. 22 THE WITNESS: 23 Yes. It was -- it took a lot of effort, not only 24 on my part, but there was another individual,
.25 .Al Roth, who really worked really hard at trying to L .
l YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 ! Page 268
. VanyTrea 1 H 529 1 get.the ' station to find a' place for us to put the
~f health ' club .and allocate the space which, of 3 course, there is not much space -- space is so 4 -valuable at the nuclear' station. And it. was a lot 5 of effort. Of. course,-we coordinated that with 6 Mr. Toucan, the site VP. And'he was a--- you know, 7 a big promotor. He wanted to see it go also, so--
- 8. it 'was a lot- of effort, but it -- we finally 9 achieved it. I 10 ***
i 11- BY MR. STEVEN KOHN: 12 Q. And based upon your perception when you were l l 13 working there, how was the health club received by other )
. 14 -employees once it was established?
it brought-some i 15- A. Oh. Very well. And I think 16 of the Lmanagement and union people together. It was a ! 17 great attitude adjustor, especially for all the long hours 18 that you have put in at Zion Station. I think it was a 19 real good morale booster. 20 Q. Would both union and supervisors be able to, 21 you know, work out together in that health club? : I 22 A. Absolutely. 23 ***- ' 24 NR. STEVEN KOHN: 25 Your Honor, I move for the admission of Exhibit 4. YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 4 4 Page 269 L
TayTen ) 4 4 530 1 ADMINISTRATIVE LAW JUDGE: 2 Do you have an objection? 3 MR. O'MALLEY: 4 No, Your Honor. 5 ADMINISTRATIVE LAW JUDGE: 6 Okay. Exhibit 4 is received and is part of the 7 record. 8 9 BY MR. STEVEN KOHN: 10 Q. And if you can look at now to Exhibit 5, which 11 is one-page document dated April 4, 1996, to the Good Will 12 Committee, re: Donation of funds. And again, Mr. Robarge, 13 were you a member of the health awareness committee? 14 A. Yes. 15 Q. Was that a voluntary activity? 16 A. Yes. 17 Q. And what types of things would the health i 18 awareness committee do? 19 A. We would -- well, obviously it was to make 20 people aware of their health, keep in good shape. We would 21- raise money. We would donate money. So... l 22 Q. Okay. I 23 24 MR. STEVEN KOHN: 25 'I would move for the admission of Exhibit 5. YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 270
r.,r, su 531 1 ADMINISTRATIVE LAW JUDGE: 2 . Objection? 3 MR. O'MALLEY: 4 Mr. Kohn, are -- is this part of the exhibits that 5 were produced to us last week after the close of 6 discovery? 7 MR. STEVEN KOHN: 8 No. This was produced at his Deposition... 9 MR. O'MALLEY: 10 Last week? 11 MR. GOLDBERG: 12 Last week. 13 MR. O'MALLEY: 14 Right? 15 MR. STEVEN KOHN: 16 Yeah, Monday. 17 MR. O'MALLEY: , 18 Only on timeliness, Your Honor. 19 ADMINISTRATIVE LAW JUDGE: 20 Here is my problem with timeliness. I think 21 timeliness is a two-pronged sword in this case. 22 And so as a result of that, I am not going to 23 entertain any objections based on timeliness. 24 MR. O'MALLEY: 25 Your Honor, hearing your ruling, I won't make any YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 I Page 271 C
Te,Tran 314 532 1 more. 2 ADMINISTRATIVE LAW JUDGE: i
)
l 3 Thank you. {
)
4 MR. O'MALLEY: ! 5 You're welcome. j l 6 ADMINISTRATIVE LAW JUDGE: j l' 7 Exhibit 5 is received and is part of the record. 8 *** 9 BY MR. STEVEN KOHN: 10 Q. While working as a supervisor, did you work 11 overtime? 12 A. Yes. 13 Q. And can you describe to the Court how much-14 overtime you worked, say, in the years 1992, '93, '94, '95, 15 and '967-16 A. A lot more than the average 40-hour week. We 17 had many big outages during those years and just cons and 18 tons of overtime. l 19 Q. And a typical week during that period of time 20 may consist of how many work hours? 21 A. During the outage? 22 Q. Yeah. 23 A. It could run anywhere from 72 to 78 hours-- 24 79 hours. But there was a NOD put on so you couldn't go 25 over 79 hours. I YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 I Page 272 _ _ _ _ _ _ _ _ _ _ l
ToyTrna 3.40 533
-1 Q. Can you please look at Exhibit #6? And what 2 is this document?
3 A. This document is a list of management 4- individuals that worked in the RP department or the GSEP 5 for Lee Lanes for -- GSEP that worked in the department-- 6 a list of overtime hours that people would work. And that 7 would be published every two weeks. 8 Q. And it says on the top of it...
.9 ***
10 MR. STEVEN KOHN: 11 And, Your Honor, for the record, Exhibit 6 is a 12 one-page document. It says, " Health physics 13 management overtime hours YTD through December 10," 14 and it has a listing of names. 15 16 BY MR. STEVEN KOHN: 17 Q. Do you know what year this related to? 18 A. It was either '95, I believe. I believe it 19 was in '95. I couldn't be certain on that for there is no 20 date on it. 21 22 ADMINISTRATIVE LAW JUDGE: 23 And who prepared this? 24 THE WITNESS: 25 That was prepared by timekeeping because I would go l YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077
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-___ _______________ _ _____ a
Temy?ren 3 la 534 1 up and get this every two weeks from a 2 gentleman -- and~I forgot his name. 3 ADMINISTRATIVE LAW JUDGE: 4 So this came. basically through the company. It 5 wasn't a creation of... 6 THE WITNESS: 7 No. That came through the company.
~8 ADMINISTRATIVE LAW JUDGE:
9 ...you for this hearing. 10 THE WITNESS: 11 That is correct. 12 -ADMINISTRATIVE LAW JUDGE: 13 Okay.
-14 ***
15 BY MR. STEVEN KOHN: 16 Q. And why would you go up every few weeks and 17 get this document? 18 A. 'For overtime for the supervisors. j
.19 Q. And I notice in looking at -- and did you do 1
20 this often, go up every two weeks and get a document like 21 this? 22 A. Yeah. That was one of my assigned projects. 23 Q. And I notice in looking at this, you are third 24 to the top on' total overtime hours.
'25 A. Yes.
YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 274
TayTeen 3 44 535
.1 Q. :Were -- over the years, were other sheets like
~2' this produced?
3 .A. I don't -- I -- for management, I couldn't 4 tell you because'I -- I have only gotten a couple years' 5 worth of them. For a bargaining unit, yes.
~Okay. management, what years were they
~
- 6. Q. 'For 7 doing this for management?
8- -A. ~Well, the last two years, I was -- or the last 9 year-and-a-half, I was watching this. But prior to that, I 10 am sure they had these sheets,.but I don't... 11 Q. Okay. When you were watching this, do you , i 12 know where -you were, to the top on each of the sheets as ! 13 they would come out?-
'14 A. Well, sure. It would be similar.to, you know, 15 the other supervisors. And we tried to create a balancing
-16 act or tried to. j i
17 Q. Okay. So in looking at this, would this be ! 18 accurate.to say that as of December 10 of the year this was 19 made you put in a total of 795 hours of overtime? 20 A. That is correct. 21 *** 22 MR. STEVEN KOHN: 23 Your Honor, I move for the admission of Exhibit 6. 24 ADMINISTRATIVE LAW JUDGE:
.25 Any objection?
YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 1 I' Page 275
ToyTran 3 to 536 1 MR. O'MALLEY: 2 Just as to relevancy, Your Honor. 3 ADMINISTRATIVE LAW JUDGE: 4 Okay. I will take that into consideration. 5 Claimant's Exhibit 6 is received and is now part of 6 the record. 7 MR. STEVEN KOHN: 8 Thank you, Your Honor. 9 *** 10 BY MR. STEVEN KOHN: 11 Q. Now, Mr. Robarge, I would like you to look at 12 Complainant's Exhibit #5. Okay. I'm sorry. Joint Exhibit 13 # 5 '. 14 *** 15 ADMINISTRATIVE LAW JUDGE:
-16 -You fouled up my little square there.
17 MR. STEVEN KOHN: 18 I'm sorry. 19 ADMINISTRATIVE LAW JUDGE: 20 I have this magic system of keeping track of -- in 21 my notes where what exhibits were counted. It is 22 the only place I use this square -- see -- and now ! 23 I have -- I have to put an extra list. Go ahead. 24 *** 25 BY MR. STEVEN KOHN: YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 276
t ,r, m 537 l 1 Q. Mr. Robarge, can you -- in Joint Exhibit #5, 2 car you identify this document? 3 A. Yes. 4 Q. And what is this document? 5 A. This document is a -- what I wrote down for my i 6 daily hours.
~7 Q. And would this record your regular time and l
8 overtime...
~9 A. Yes.
10 Q. ...for the year 1996? 11 A. Yes. 12 Q. And is it an accurate recordation of this 13 time? 14 A. Oh, yes. 15 Q. And if you would please turn to page 11 of 12, L l 16 the lith page of this joint exhibit? And that is the page 17 -for the month of November 1996. In looking at this 18 document, if you can look at the date entry for 19 November 28, 1996, which was Thanksgiving. Do you see 20 that? 21 A. Yes. 22 Q. How many hours did you work on Thanksgiving on 23 that date? l 24 A. Twelve-and-a-half. 25 Q. Did you often have to work holidays? YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 277 u___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - . - - _ _ _
I TopTren 3 to 538
- lL A. Yes.
2 Q. And would you do that for the company? 3 A. Yes. 4 Q. And turning to page 12 of 12, which is 5 December 1996, in the far right-hand corner of that 6 exhibit, right above the #7, there is a box and it says 7 nights, 4.5 OT, 8 one-quarter time. Do you see that? 8 A.- .Yes. 9 Q. Is that the entry for December 1, 1996? 10 A. Yes. 11 Q. And that meant on that date you worked 12-- 12 how many hours did you. work on December 1? 13 A. 12.5 hours. 14 Q. Okay. And now, if you would please look at 15 Complainant's Exhibit 35. 16 17 MR. STEVEN KOHN:
.18 And for the record, Complainant's Exhibit 35 is a 19 calendar for the year 1995, consisting of -- the 20 exhibit has 12 pages, each page marked by a month 21 of the year beginning with January. ~
22 23 BY MR. STEVEN KOHN: 24 Q. Can you identify this document? 25 A. Yes. . YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 4 Page 278 w_-___-__-____-______-_-_-___ .:
f r.a m 539 L 1 Q. And what is'this? 2 A. This is my -- these are my hours:from 1995. 3 Q. And'did this accurately record the amount of
-4 regular time and overtime you-worked in 1995?
5 A. Yes. 6 Q. 'And calling your attention to the month of 7- December 1995, which is'page 12 of Exhibit 35... l 8 A. Yes. l 9 Q. And I am calling your attention to the entry [ 10- for December 24, 1995. Did you work on that day? It says i 11 9.5 DOT. l 12 A. Yes. 13 Q. And what does DOT mean in this document? ! 14 A. . Double overtime. l 15 Q. So on Christmas Eve you worked nine-and-a-half 16 hours. 17 A. That is correct. 18- Q. And look at the entry for Christmas Day, which 19 would be the entry for December 2S, 1995. Can you -- by ! 20 looking at that can you tell if you worked on Christmas? 21 A. Yes. 22 Q. And how much time did you work on Christmas? 23 A. This three-hole punch is caught right here, I 24 but it looks like nine -- nine hours. 25 Q. The very first entry, 8 holiday -- that means YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 279
Tehn 3 to
- = 582 1 officer at the station?
l 2 A. I believe so, 3' Q. And was --:there also be someone in the title 4 of plant manager?- 5 A. Yes.- 6' Q. And would that be the highest-ranking 7 technical person'on-site? l 8 A. I believe so. 9 Q. New, in terms of this communication, the first 10 sentence says that during the past few days, apparently 11 Mr. Mueller has come to the attention that PIFs are not 12 being generated when problems become known. Do you see i 13' that? 14 A. Yes. 15 Q. Was it your experience and observation that 16 some employees would not generate PIFs when problems.became 17 known? 18 A. Yes. 19 Q. And based upon your observation and knowledge
'20 of the work, did you form an opinion as to why some 21 employees were not generating PIFs when problems became 22 known?
23 A. There are a couple of reasons. One, people i j 24 .were afraid that if they did generate a PIF, it would come 25 back to them and they would just get it or they would never YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 322
i. l
%7m32 583 1 find out .about what they wrote up on the PIF. And another
- 2 thing would be:some' people were told not to generate PIFs.
~
3 In fact,. one I had handwritten or -- I believe I handwrote 4 it -- was. ripped _up. -And another thing would be -- I don't 5 know if you would call it a chilling effort or -- people 6 were just afraid. 7 Q. Did you write PIFa? 8 A. Yes. 9 Q. Did you, at the -- when you worked there, did
.10 ' you think the number of PIFs you were generating -- how did 11 that compare, in.your own mind, _to thelaumber of PIFs being
-12 generated by.other employees within the department?
13 A. Oh, I was one of the top problem 14 identification -- I guess, if you put it simple -- finders. 15 -Q. And were you, yourself, ever -- did it ever 16 cross your mind,'when you were filing PIFs, that maybe you : 17 shouldn't be filing a PIF? j 18- A. No. 19 Q. Now, coming to the second sentence in which j 20 14r. Mueller writes, "To truly understand a problem and fix 21 it, once and for all, the issue must be documented and 22 properly dispositioned." Did you agree with that? 23 A. Yes. 24 Q. And the next sentence, "Immediate initiation l 25 of a PIF is fundamental to the corrective action process." i YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 ?. Page 323
TesyTren 314 585 1 I would say that most of'the people at Zion Station 2 would know what PIF wars are. Yes. 31 *** 4 BY MR. STEVEN XOHN: 5 Q. To your -- was there ever a -- some type of 6 campaign ~ by management to address, say, the "PIF war" 7 concern to ensure that employees would file PIFs even ifLit 8 meant turning in their friends or other departments which-9 may retaliate against them? 10 A. I have never heard of any training session. 11 Q. Okay. 12 *** l 13 MR. STEVEN KOHN: 14 Your Honor, I would move for the admission of 15 Exhibit'8. l ! 16 MR. O'MALLEY: 17 No objection, Your Honor. 18 ADMINISTRATIVE LAW JUDGE: 19 okay. Hearing no objections, Claimant's Exhibit 8 1. 20 is received and'is now part of the record. 21 MR. STEVEN KOHN: 22 Thank you, Your Honor. I 23 *** 24 BY MR. STEVEN KOHN: 25 Q. And, Mr. Robarge, I would now like you to turn YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 4 Page 325
Tmyfran 3. le 584 l- :1 'Do you'see that? L '2 A. Yes.
~3 :Q. Did you share that opinion that the immediate 4' initiation of, a PIF was fundamental to the corrective 5 action process at Plant Zion?
6 - A. Absolutely. It is -- yes.
.7 Q. Have you -- you have heard testimony about a 8 concept known as PIF wars.
l 9 A. Yes. 10 Q. Was that something that, you know, that 11 every -- that all -- everyone who, to your knowledge,-all 12 the employees at' Plant Zion have heard of that concept or 13 had somehow discussed it among themselves? 14 A. HOh, yes. 15- Q. I mean, if you used the word:PIF war l'n any 16 conversation with a Zion employee, would you ever 'get a 17 blank stare like_what are you talking about? l 18 *** 19 MR. O'MALLEY: I
-20 Objection to the extent it calls for hearsay.
21 Relevancy. 22 ADMINISTRATIVE LAW JUDGE: 23' Okay. I understand the question. Go ahead and l 24 answer it. I
-25 THE WITNESS:
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TonyTran ) la 594 1 and practices 'at the time -- and this- I am talking June 2 1996 through December 1996 -- would your manager be 3 informed of the contents of.a PIF? 4 A. Yes. He was on the PIF committee. 5 Q. And is -- barring an immediate' notification 6 'through a phone. call or some other l type of'immediate
'7 notification, approximately how long would it take for your 8 manager to be aware of your PIF?
9 .A. Depending upon what shift you are working it 10 could take a matter of hours or one day. 11 Q. Is there anything in the'PIF procedure which 12 required you to provide any notification to your manager, 13 you, as'.the supervisor, either before you initiated a PIF 14 or after you initiated a PIF? 15 A. No. 16 Q. If you -- based upon your knowledge of how { t
- 17 . Plant Zion operated, if your input was sought to revise I 18 these procedures, would you recommend placing in them--
19 into these procedures, a requirement for the reporting { 20 supervisor to notify the manager either before a PIF was 21 filed or shortly thereafter? ] 22 *** 23 MR. O'MALLEY: 24 Objection, foundation. It calls for speculation. 25 ADMINISTRATIVE LAW JUDGE: L YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 4 Page 334
= _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _ . _ _ - .i
TusyTr.a 2.:4 595 1 I'will-take~the answer to it. It's overruled. 2 THE WITNESS: 3 Absolutely not. You have a balancing act there. 4: And if I had to take it to a manager, number one, I SL might not- -- I might not write that problem. I 6 might not write that problem. The1 process is used
.7 to go through as little amount of people as you can 8 in order to' initiate that PIF or send it off.
9 *** 10 BY MR. STEVEN KOHN: 11 Q. And why would that -- why would a process, 12 which requires you to go through as little amount of people 13- as possible to participate in the PIF process, why would 14 that be desirable? 15 *** 16 MR. O'MALLEY: 17 Same objection. 18 ADMINISTRATIVE LAW JUDGE:
- 19. Okay. Overruled. Go ahead.
20 THE WITNESS:
'21 It would be, well, a chilling effect on the 22 individual who was filing a PIF.
23 *** 24 BY MR. STEVEN KOHN: 25 Q. Why? l I YORK STENOGRAPHIC SERVICES, INC.
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Tunteri? to 596 1 A. The more people you go through -- he might 2 talk you out of writing the PIF. He might use it as a-- 3 just an action to retaliate against you, make you do 4 different things, maybe give you a -- the worst job 5 assignment. I mean, it could be used as just a overall 6 chilling effect. I mean, people write these procedures, 7 especially on the PIFs, to the nature of it, to find 8 problems, to make the plant take care of those problems, to 9 trend problems. That is what the PIF process is for. 10 Q. When you worked at Zion prior to your 11 discharge, did you ever violate these PIF procedures? 12 A. Not to my knowledge. 13 Q. When you -- did there come a time -- from time 14 to time, would you not notify Mr. Strodl of PIFs you filed? 15 A. Ne. 16 Q. Pardon? 17 A. I am sorry. I didn't understand'. 18 Q. Okay. From time to time, when you filed the 19 PIF... 20 A. Right. 21 Q. ...would you not notify Mr. Strodl? 22 A. No. I would not notify him. 23 Q. Was that consistent with these PIF 24 regulations? l 25 A. Yes, absolutely. YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 l Page 336
finoa ran a sd 610 1 Uh-huh. 2 MR. STEVEN KOHN: 3 ...which Respondent is going to be calling. So 4 I -- I don't want to waste any more time on this. 5 Okay. 1 6 *** 7 BY MR. STEVEN KOHN: ! 8 Q. Mr. Robarge, would you please look now at what 9 has been marked as Joint Exhibit 8? And can you identify 10 Joint Exhibit 8 for the record? 11 A. Yes. I 12 Q. And what is Joint Exhibit 8? j 13 A. This is a computer-generated form of a problem 14 identification form. 15 Q. Are these some of the PIFs you filed in 1996? , 16 A. Yes. 17 Q. This records a number of PIFs commencing with 18 the 4th of June 1906, on page 1, and on page 25, there is a ; i 19 PIF with the date December 2, 1996. 20 *** 21 MR. O'MALLEY: 22 What page, Mr. Kohn? 23 MR. STEVEN KOHN: 24 That is the last page of the exhibit, page 25 of 25 l 25 of Joint Exhibit 8. YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 350
TayTras ) la 611 1 THE WITNESS: 2 Yes. 3 *** 4 BY MR. STEVEN KOHN: 5 Q. And have you had an opportunity to review this q 6 document? 7 A. The PIFs? 8 Q. Yes. 9 A. Yes. I reviewed the PIFs. 10 Q. Do you know whether this document contains'a 11 recordation of all_the PIFs you filed during -- between the 12 4th of June 1996,.and December 2, 19967 13 A. Well, no, I do not. 14 Q. And did you file or participate in working on 15 PIFs that may not record'your name as written by? And 16 again, I am looking at the written by on the top left-hand l'7 corner of Exhibit 8 on page 1. 18 A. Yes. 19 Q. Do you see that thing written by R. Robarge? 20 A. Yes. 21_ Q. Might you have worked on some PIFs but they 22 not have your name on it?
-23 A. Absolutely.
24 Q. And why would that happen? _25 A. Two reasons. I could have been out in the YORK ST'No"' ' C SERVICES,~INC.
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Tuwyras ile 612 1 plant and. I have called up to desk supervisor and 2 immediately say write a PIF and which I have done. And the 3 supervisor on the desk obviously will be the written by-or 4 originator. I will be the person acknowledgeable of. 5 Q. Okay. To the best of'your knowledge, if you 6 can' review this document, were the PIFs you filed between 7 June 4, 1996, .and December 2, 1996, what I am calling 8 safety-related? Were they? 9 A. Yes. 10' *** 11 MR. O'MALLEY: 12 Objection to the form. 13 ADMINISTRATIVE LAW JUDGE: 14 I didn't understand your objection. 15 MR. O'MALLEY: 16 What he calls safety-related, I don't-know he would 17 get him to. testify to what Mr. Kohn calls... 18 ADMINISTRATIVE LAW JUDGE: 19 I will take it as a foundation question. 1 20 MR. O'MALLEY: l l l 21 Okay. l i 22 ADMINISTRATIVE LAW JUDGE: 23 And go from there. 24 *** - l 25 BY MR. STEVEN KOHN: YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 l- { Page 352 ( l
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TenyTrea ) is 613 1 Q. Were these safety-related? 2 A. Yes. 3 Q. Now, extremely briefly, so we can move through ! 4 this, would you please go through them one by one and just 5 explain for the record why you would believe this was 6 safety-related -- each PIF? And if you could do it in just 7 one or two sentences. 8 A. Sure. 9 Q. And just give the date and then identify. 10 A. Do you want the date or the page number of the 11 PIFs? 12 *** 13 ADMINISTRATIVE LAW JUDGE: , I 14 Start 1 of 25. That will be fastest and then give l 15 the date... 16 THE WITNESS: 17 All right. 18 ADMINISTRATIVE LAW JUDGE: 19 ...and then tell what it was and say why it was 20 safety. 21 THE WITNESS: 22 Well, 1 of 25, which was June 4, 1996, scaffolding 23 was found outside of a RPA. 2 of... 24 MR. STEVEN KOHN: 25 And what... YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 353
TmvTrea 3 to 614 1 ADMINISTRATIVE LAW JUDGE: 2 What is the significance of magenta paint on it? 3 THE WITNESS: 4 The magenta paint was a -- the color paint used if
-5 'there were materials in the plant we painted 6 magent.a because they were --
had fixed 7 contamination on it. It showed -- there was a 8 showing that a piece of material had fixed 9 contamination. 10 ADMINISTRATIVE LAW JUDGE: 11 All right. 12 *** 13 BY MR. STEVEN KOHN: 14 Q. And that means that that was found outside of 15 the'RPA. 16 A. Yes. 17 Q. Okay. And the testimony is that RPA is the ! 18 radiation posted area or radiation... 19 A. Radiologically posted area. 20 Q. Okay. And the next one? 21 A. 2 of 25 -- this had to do with a RAD monitor. ! 22 Operating was working on it. They didn't -- they did not [: So actually the monitor was out 23 inform the RP department. 24 of service. l 25 Q. And how would that be safety-related? YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 1 1 Page 354 j i
r ,r, m 1 615 i i 1 A. For monitoring of effluence in the plant, { 2 outside the plant. 3 Q. Okay. l 4 A. 3 of 25 -- that was an NRC inspection tour f 5 that went in on a tour badge that went through a high 6 radiation door. They weren't -- they were not allowed to
'7 do that on a tour group.
8 Q. And were you PIFFing the NRC on this one? It 9 doesn't say that here, but to your recollection? 10 A. I was -- wrote a problem for people not 11 knowing, when they are on a tour group, not to go into a 12 high-rad area and it -- yes, it was the NRC. 4 of 25-- 13 this had to do with a containment entry log R-key. It was 14 a procedural violation of that and I had written down 910-15 02, safety. 16 Q. Is this the same R-key that was in the 17 training video? 18 A. That is correct. 5 of 25 -- I believe 5 of 25 19 is showing that it is a procedure deficiency. 6 of 25-- 20 we had a technician that didn't obtain iodine samples from 21 a RAD monitor... 22 Q. And then I see the name R... 23 A. ...under surveillance. 24 Q. R. Chavez. i 25 A. Yes. Robert Chavez did not obtain the Shifley [ ' YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 355 l
616 1 air sample.
- 2. Q. Is he the individual who testified here 3 earlier.this morning?
4 A. Yes. 5 Q. And essentially you PIFFed him. 6 *** 7 MR. O'MALLEY: 8 Objection to the form of the question. 9 ADMINISTRATIVE LAW JUDGE: 10 Did you file a PIF on him? 11 THE WITNESS: 12 I filed a PIF because the samples were not taken 13 out of the -- were not obtained and he was the 14 individual who was supposed to perform that duty. 15 Yes. I guess you -- I was PIFFing the process and l 16 -him, yes. 17 ***
'18 BY MR. STEVEN KOHN: ~
l 19 Q. And I also note on this, it does reference in
- 20 the middle of the page on page 6, human performance.
I E 21 A. Yes. 22 Q. And if you come down to the bottom, it says l 23 under corrective actions, it says, " Counseled the RP tech," 24 on the bottom, number 1. Do you see that? 25 A. Yes. YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 i Page 356
r ToyWanl ie 617 1 Q. Did you counsel Mr. Chavez on.this matter? 2 A. No, I did not. 3 Q. Do you know who did? 4 A. No, I do not. 5 Q. And was this safety-related? 6 A. Yes, it was. 7 Q. Why? 8 .A. Because.of the -- again, the -- pulling the 9 samples, it is a tech spec requirement. You have to obtain 10 samples -- tech' spec RAD monitor. 7 of 25 -- I believe.it 11 goes along from a following -- previous page. 12 *** 13 ADMINISTRATIVE LAW JUDGE: 14 A previous page? 15 THE WITNESS: 16 Yeah. 8 of 25 -- this was a safety-related problem 17 because the wireless remote unit that monitored the
' 18 dosimetry -of --
that monitored the doise of the 19' steam generator workers was breaking down. So 20 therefore, obviously, there was a potential of 21 something happening. 22 *** 23 BY MR. STEVEN KOHN: 24 Q. Okay. 25 A. 9 of 25 -- a bag of RAD material was found YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 357
J TayTan 3. lo 618 1 . labeled improperly. The dose rates depict what we had to
;2- do.
3 Q. And again, why_ would that be safety-4- .significant? 5 A. Exposure to an individual'when they are trying 6' to get.the material out of the area. Next'one is 10 of
- 7. 25 -- Coke can found;in the aux building. Obviously there 8 was'no eating, drinking, or' smoking because-of... l l
9 -*** 1 10 -ADMINISTRATIVE LAW JUDGE:
'll Ingestion.
12' THE WITNESS: 13 Thank you -- from eating food or drinking liquid. 14 *** 15 BY MR. STEVEN KORN: 16- Q. Would taking -- or would consuming food in
'17- .this area -- is that a serious-problem?
18 A. Yes. 19 Q. Why? 20 A. The potential is there for contamination to, l 21 ~ of-course, come on the food or the' drink, as this was, and 22 be ingested. 23 Q. Were th'ere strict requirements as to where you
~24' could consume food at Plant Zion?
25 A. Oh, absolutely. YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077
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TueyTrea 314 619 1 -Q. okay. Thank you. And could internal 2 ingestion of a radioactive isotope, that might be on a 3 . piece- of food going into your body that way, pose a 4 different type of a health risk than, say, contamination 5 coming through your skin? 6 A. Sure. Biological. And depending upon the _ 7 type of contamination, where it'was; you know, alpha, of 8' course -- alpha doesn't go through your skin, but when 9 ingested, it can-be very, very. harmful. So... 10 Q. Were there -- was alpha contamination present 11 at Plant Zion? 12 A. Yes. 13 Q. And in terms of the detectors you had at Plant 14- Zion, could -- if someone had some contamination, say, on 15 their clothing or on their external skin, could you, 16 through a detector, monitor that or find it? l 17 A. For alpha? 18 Q. Just for any form of radioactive contamination
'19 if .'.c was UN the...
L 20 A. Yes. 21' Q. ... external of their skin. 22 A. Yes. 23 'Q. And what about if it was ingested? Did you 24 have- monitors that could detect internally ingested 25 radioactive material? YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 I Page 359
TinyTran 3.14 620 l 1 A. Yes.
'2 Q. And were those types of monitors more -- you 3 know, frequently used or less frequently used?
4 A. Less. frequently used because -- just less l 5 ' frequently used. 6 Q. It is just -- okay. l 7- A. 11 of 25 -- two loads of patent scaffolds were j 8 found outside of the, I believe -- were .found outside of 9 the RPA. But I believe in'this one it was found that an 10 instrument was put together wrong. 11 Q. What does that mean? 12 A. It was an instrument malfunction. I believe 13 they -- through this -- through this process which -- of 14 writing this PIF, found out that an instrument, a RAM-100, 15 I believe the instrument was called, was put on -- there 16 was a piece that was put on backwards which caused static 17 which -- and gave erroneous readings. Therefore a training 18 session, I believe, it states in here -- and I am not 19 correct, but... 20 Q. So is that your... 21 A. A training session was installed because of 22 the problem with the instruments. 23 Q. Okay. And the next one? removed 24 A. 12 of 25 -- operating a charcoal 25 filter without an RWP request. YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 360
Toyfran ) to 621 1 Q. And why would that be safety-significant? 2 A. Going in there and doing work that obviously l
'3 is not in the RWP.
4 Q.- Okay. 5 A. 13 of 25 -- have a ventilation, steam 6 generator shield doors -- they were coming apart. They 7 were worn ~ very badly. That is significant, obviously, 8 because of the evolutions taking place inside of the steam j 9 generator. More contamination can- fall out onto the 10' . platform in which the workers are working on. 11 Q. .Okay.
- 12. A. 14 of 25 -- R-key door violation. I
( r 13 believe -- pass position -- yeah, it was in the pass 14 position. That was a repair problem. 15 of 25 -- bus ( '15 outage -- they'took out the air conditioning. The bus 16 outage which eliminated the electricity was out on the air 17 . conditioning, which made the RP office hot and, of course, t 18 took out some RAD monitors, which it is explained in here. l 19 Q. And what is the significance of taking out a 20 RAD monitor? 21 A. Well, you are setting yourself up for a 22 missurveillance -- a possible missurveillance. Just L 23 because you have to pull these Shifley's and Daily's -- so [ 24 you are setting yourself up. It is better to have the RAD 25 monitor in service than... t YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (727) 854-0077 o Page 361
Teytran tio 622 1 Q. And... 2 A. ...out of service. 3 Q. And just for the record, when we are use the 4 word RAD is that an abbreviation for radiation? { l l 5 A. Yes. l 6 Q. So your RAD monitor is a radiation monitor. l 7 A. That is correct. 8 Q. Yeah. So it would be a -- okay -- and that 9 would be used for detecting radiation. 10 A. That is correct. 14 11 Q. Okay. 12 A. 16 of 25 -- this was a contamination control 13 safety problem. "N" bell of a heat exchanger was removed. 14 It was highly contaminated. In fact, I believe -- I 15 believe someone was contaminated on this. I am not sure. 16 The "N" bell was not covered. And it was also -- yeah, it 17 wasn't posted as a high-contaminated area. 18 Q. Was this a -- and in terms of posting of a 19 high-contamination area, was there a posting issue in the 20 steam gasket incident? 21 A. Yes. 22 Q. And this is another posting issue. 23 A. Yes. 24 Q. Do you know if anybody on this issue was l 25 subject to discipline for not properly posting a high-l l YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 362
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ToyTran 3. lo 623 lL contaminated area? 2 A. No, I do not. 3- Q. Okay. 4 A. 17 of 25 -- high-RAD door, our HR pump room 5 was found open. 6 Q. And is that an issue?
- 7 A. Yes.
8- .Q. And what is the-issue? 9- A. Tech spec. 10 Q. And just out of... 11 A. Oh . . That was -- the door was closed. The 12 door.-- I mean... 13 Q. .Is this door required to. be remain -- to 14 remain closed? 15 A. If it is a high-radiation door, yes. 16- Q. And just out of curiosity, in terms of the 17 training video we saw, remember there was a door that was 18 left open? 19 A. Yes. 20 Q. This -- was -- this was not the same door. 21 -Was it?
'22 A. No.
23 Q. But would this be a similar type of incident,
- 24. in-terms of a door being left open that should be closed?
25 A. Yes. They -- yes, it was chocked open. L YORK STENOGRAPHIC SERVICES, INC. h York, PA 17401 - (717) 854-0077 L 1 t. Page 363 l l J
I TaiyTran 3 to j 624 1 Unless there is someone standing right there, yes, to keep 2- positive control over the room. 8 of 25 -- I believe that 3 was -- that is just giving us what the previous page... 4 Q. Oh. Back to page 18 of 25... 5 A. Yes. 6 Q. ...where on the bottom -- and this is, again, 7 a door being left open. Look at the very bottom where it 8 says, " Isolated incident, close this PIF and trend for l 9 . common events." 10 A. Correct. 11 Q. Do you see that? 12 A. Correct. 13 Q. What does that mean? 14 A. They are trending this to.see if it is -- if f- 15 people.are obviously starting to leave open high-radiation 16 doors or chocking them open. They are trending it- to see 17 if there is a big problem with that. If there is, they 18 _will have to address it. 19 Q. Now... l L 20 i 21 ADMINISTRATIVE LAW JUDGE: I 22 Who wrote that? l ' ! 23- MR. STEVEN KOHN: 24 Yeah. 25 YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 364
ToyTrea 3.la 625
- 1. BY MR. STEVEN KOHN:
2 Q. Did you write that? 3 A. No. 4 Q. okay. And just also so we can have an 5 understanding of these computer-generated forms, and if you 6 could just go back to page 17. Which is the part that 7 reflects what you would have entered when you wrote the PIF 8 and which is the part that someone else as you -- as this 9 PIF moved through the system, would have entered? 10 A. I would have entered my name, event title, 11 system, status -- I can't read that. It is kind of hard to 12 read. The problem description and immediate action taken, 13 apparent cause... 14 Q. That's the parts you would have written. In is ' terms of the... 16 A. Yes. 17 Q. ...PIF number, who gave it a PIF number? ) 18 A. If it was computer-generated, it automatically 19 gave it a number. If it was handwritten you would have to l 20 take it up to the shift engineer and he would write a l 21 number on it. 1 l 22 Q. okay. And then the stuff that comes -- if you 23 look on this form there is a -- there seems to be almost f 24 like a line on it in the middle. And right above the line 25 there is the word rework and there is box in which someone YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 365 j
TayTrea 314 626 l' had typed in no. Would you have typed in no? 2 A. No. 3' O. So someone else would put that in. 4 A. Yeah. I believe so. 5 Q. And under the box above, apparent cause-- 6 when you filed a PIF, would you be the one recording in 7 that box? 8 A. Under -- I believe that says inappropriate 9 actions. 10 Q. No. 11 A. I don't believe so. 12 Q. No. No. No. 13 A. Is that... 14 Q. Right above the word rework. 15 A. Oh. Apparent cause? 16 Q. Yes. Would... 17 A. I don't -- I don't believe so. 18 Q. Okay. So to the best of your recollection, 19 that part of this form would not be filled in by you. 20 A. I don't believe so. 21 Q. Okay. And then under immediate action taken, 22 is that the part of the PIF form which the originator-- 23 and in this case, you -- would have written? 24 A. Yes. l 25 Q. Okay. Now, everything under immediate action YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 366 L _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
ToyTran 3 p l 627 1 taken, from apparent cause all the way down and 2 including -- if you turn the_page to 18 of 25, where this 3 specific PIF ends with a thing, " Provide justification:" 4 and, " Isolated incident," would you be the one responsible 5 for writing any of that in? 6 A. No. 7 Q. Now, also in terms of the PIF practice, once 8 you sent the PIF up, would -- was there any -- would you 9' ever be -- was there a regular process where you would be l' 10 notified what happened with your PIF? 11 A. Yes. You were supposed to be notified when a 12 resolution came about. There -- you were supposed to be 13 notified. 14 Q. 'Okay. Okay. And if we could now go back to 15 page -- I think we left off en 19 of 25. And on page-- 16 actually the PIF on page 19 and 20 of Exhibit 8 -- we are 17 going to come back to that one. So if we can just skip 18 page 19 and 20 and go right to page 21. l 19 25 -- returned a RAD monitor to service A. 21 of I 20 without notifying the RP department. Basically when you 21 return a RAD monitor back to service we have to ensure that 22 it' checks out okay, they do an operability check to make i 23 sure it is operating within ZRP5820-2. There is a form 24 that is filled out. And that is a safety concern because 25 if they return it back to service and it wasn't operable, YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 9 Page 367
2.,~,. i 628 1 there could be a problem, depending upon the RAD monitor. 2 Q. Okay. And page -- the next one? 3 A. 22 of 25? l 4 Q. Yes. 5 A. Here they took a RAD monitor out of service 6' without a PT14 written. Of course... 1 7 Q. And what does that mean? - 8 A. Well, they took a radiation monitor that was 9 monitoring some area in the plant or. effluent that was 10 taken out of service without any temporary blower hooked up l 11 or whatever our procedure would state to do for that l u 12 monitor. 13 Q. Okay. And did that... 14 A. We have requirements to fulfill. 15 Q. And why would that be safety-significant? l 16 A. Tech spec -- in the case -- I mean, you can go 17 on, GSEP -- you might need that monitor or effluent, if it 18 is an effluent monitor, areas in the plant. 19 Q. Okay. And what is the next one? 20 A. 23 of 25 -- this is another RAD monitor. j 21 Blower was found off and the cover off of it. 4 4 22 Q. And did this raise a... 23 A. Valve lineup -- they ensured that the 24 temporary blower was removed and ensured the valve lineup 25 was correct. So again, they didn't ensure that -- the YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 368 l I
TwyTren 3.14 629 1 . operability of the monitor. And of course, with the cover 2 off, it is a safety hazard. 3 Q. And finally, page 25 of 25? 4 A. Another RAD monitor out of service without 5 notification to us. 6 Q. And that is a similar issue as you had raised 7 in the earlier PIF. 8 A. Yes. 9 Q. Now, I would like to call your attention to l 10 the date of November 1, 1996. Did... 11 *** 12 ADMINISTRATIVE LAW JUDGE: 13 Are you still on these... 14 MR. STEVEN KOHN: 15 We will... 16 ADMINISTRATIVE LAW JUDGE:
-17 ... documents here?
18 MR. STEVEN KOHN: 19 Your Honor, we will be coming back to the 20 November 4 PIF. 21 ADMINISTRATIVE LAW JUDGE: 22 All right. Just let me note here that -- while 23 there is 25 pages, there appear to be 20 actual PIF 24 forms because several have carryovers onto the next 25 page. And if anybody wants to correct me on that YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 369
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, TmyTena).14 630 l' 'you are welcome to do it. All right. Go ahead.
'2 MR. STEVEN KOHN:
3 Thank you. 4 *** t 5 BY MR. STEVEN KOHN:
-6 Q. .I want to call your attention to November 1,
'7 -1996. Did anything unusual happen-at Plant Zion?
.8 A. Yes.
9 Q. And what happened? , 1: I 10 A. One. individual was found to ~ be contaminated 11- out at the -- I believe it was the guard house. He 12 alarmed. And- of course, we sent a person out there, 13 . brought him back, and -- or he was contaminated -- he 14 alarmed the monitors in the building -- one or the other. 15 In any event, they found a 25K hot particle. We questioned. 16 .him-and he stated that he was in the IM shop. At that 17 point,- we went up there, surveyed the ' area, and no
- 18. contamination was found.
19 Q. Okay. Now, I, just want to slow down.. And 20 j
'ust so we have a clear record on what exactly happened 21 here. This person set off an alarm somewhere.
22 A. Yes. 23 Q. Okay. Where did they set off the alarm? l L 24 A. The alarm was set off either at the exit point 25 cf the. plant, the. PM-7, or at the. aux building exit. I-- YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 L , l Page 370 a___=_________=_-__;-_:__-_
TuryTrna 3.lo 631 j 1 but I believe it was the PM-7 out by the gate housa. 2 Q. And was it -- was this person, in terms of 1 3 setting off this alarm, had they been walking in an area j 4 which was not part of the RPA?
- 5. A. Yes. 1 I
6 Q. So what happened was, this was an individual I 7 who was outside of the RPA and came upon a detector which 8 found that this person had some form of contamination on 9 them. l 10 A. That is correct. 11 Q. Now, when someone is outside of the RPA, are i 12 they supposed to have contamination on them? 13 A. No. 14 Q. If -- in terms of when someone is exiting the 15 -RPA, are they checked for contamination? 16 A. Once they leave an RPA, you need to monitor l 17 yourself and check for contamination. Yes. 18 Q. So because in... 19 A. And also once you leave the exit place -- the 20' plant itself. 21 Q. Okay. But when you leave the RPA and enter a 22 non-RPA area, you are supposed to have gone through some L 23 form of detection system which would determine whether you l 24 -had any form of contamination on you. l 25 A. Yes. , YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 371
l s fmyTran 3.lo [ 632 j- 1 Q. So therefore when you entered the non-RPA l 2 area, you should'not have any form of radioactive material ) L l 3 on you. l 4 A. Yes.
- 5. Q. So then when.you -- say you were then going to 6 leave the plant -- in leaving the plant, you should not set 7- off an alarm.
8 A. That is true. I ~ !' 9 Q. Because either -- because there shouldn't be l 10 .any contamination.in the non-RPA area. Correct? 11 ~ A. Correct.
.12 Q. And when you were in the RP area, where there L 13 would be potential contact with contamination...
14 *** L 15 MR. O'MALLEY: i
- 16 Objection to the leading and the. form of the 17 question.
' 18 MR. STEVEN KOHN:
l
- 19 I can do it non-leading. I am just trying to get 20 through it faster. I can...
(- 21 ADMINISTRATIVE LAW JUDGE: 22 I. thought it was a legitimate way to approach it. L 23 .Some areas .if you want to -- it is easier to go 24 through it this.way. Finish 'the question and try l-25 to do less leading with it. YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077
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76ayTria i k1 633 1 MR. STEVEN KOHN: , 2 Okay. 3 *** 4 BY MR. STEVEN KOHN: 5 Q. And again, if -- when you are in the RPA area 6 and you are leaving you should be detected -- you know, any 7 form of contamination you have should have been detected. I l 1 8 Correct? 9 A. When you leave an RPA -- okay -- you should 10 monitor yourself. You should check yourself. Okay? If 11 you are into the clean area of the plant and you are 12 leaving the plant and, of course, you are detected with 13 contamination on, obviously we are going to respond and 14 find out where you were to see if we have a problem. 15 Q. Okay. And that problem could be -- at that-16 point, it could be with -- it could have been with a 17 monitor. It could have been, you know, with finding 18 contamination in some physical location. 19 A. Correct. 20 Q. When you enter the,RPA, do you -- does any-- 21 do you -- does anything attach to you to deal with the 22 potential -- your -- the fact that you may come into 23 contact with radioactive material inside the RPA? 24 A. Yeah. And if you are going into a 25 contaminated area, you wear protective clothing. I YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 373
TmyTran 3.14 634 1 Q. Okay. So you have to wear protective 2 clothing. And what type of protective clothing was
'3 available on the site?
4 A. Well, it would depend upon how -- what kind of 5 contamination levels, the RWP. You can go in rubbers and 6 gloves -- you know, the rubber boots and gloves -- into a 7 contaminated area and walk out -- okay -- and monitor s' yourself as you leave. Or you could go in the full PCs. 9 Q. Okay. And is there anything else that.you get 10 when you enter an RPA in terms of monitoring for potential 11 exposure-to radiation? 12 A. Of course, your dosimetry. 13 Q. Okay. And that you must wear when you are 14- inside the RPA. 15 A. Yes.
- 16. Q. What about when you are outside the RPA? Are
= 17_ 'you required to also wear that?
18 A. Outside of the RPA? 19 Q. Yes. 20 A. Once you left the site? 'Is that what I am 21 understanding? 22 Q.. The RPA. 23 A. Okay. Well, inside the RPA it would depend 24 upon the -- of course, RWP, but you -- you always wear-- 25 we. started taking home the TLDs obviously with this. i YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 374 L1 _ _ _ _ _ . _ _ _ - . _ _ _ _ _ _ - . . _ .
n,rru 3 a 635 1 Q. What does that mean? 2 *** 3 ADMINISTRATIVE LAW JUDGE: 4 What is that? 5 THE WITNESS: 6 TLD? 7 ADMINISTRATIVE LAW JUDGE: 8 Yeah. 9 THE WITNESS: 10 Thermal Luminous Dosimeter. It was a 11 measurement -- a measuring device to detect your 12 monthly dose that you would receive. 13 ADMINISTRATIVE LAW JUDGE: 14 Because you said that you would have to take it 15 home with you... 16 THE WITNESS: 17 We started -- we changed things to take it home, 18 yeah. Instead, we used to leave it on our badges, 19 but then, of course, we started taking this 20 dosimeter home. 21 ADMINISTRATIVE LAW JUDGE: 22 Was this to see if you were getting sources from 23 some other place or... 24 THE WITNESS: 25 No. YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 375
636 i 1 ADMINISTRATIVE LAW JUDGE: 2 ...from home? 3 THE WITNESS: I 4 No. It was just...
- l. 5 ADMINISTRATIVE LAW JUDGE: i I
i 6 Why did you do it?- j 7 THE WITNESS: I 8 ... changing the procedures to -- we kept the i 9 dosimeters more and that way security -- you didn't q 10 have to put in on their badge. The people just 11 kept them home -- a procedure change was 12 implemented. 13 ADMINISTRATIVE LAW JUDGE: 14 Oh. I see. 15 MR. STEVEN KOHN: 16 Okay. 17 *** 1A BY MR. STEVEN KOHN: 19 Q. Now, on -- what did you do on November 1, when 20 you found this -- when it was -- did you discover it or was 21 it reported to you? 22 A. It was reported. 23 Q. Do you remember who reported it? 24 A. I don't remember the individual. I would have 25 to go back in the log and see who the individual actually YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 I i 1 Page 376 I
637 I was... l 2 Q. Okay. And then... I 3 A. ...who was contaminated. 4 Q. Okay. And then what did you do? 5 A. Questioned the individual, where he was. And- :
- 6 he said he was never in the aux building, so therefore he 1 7 was in a clean area. Of course, there was clean areas in 8 the aux building too.
l 9 Q. Okay. Well, when he said he was never in the l L 10 aux building, did that mean that day he hadn't entered an 1 ! 11 RPA area? Is that what that meant or no? What was the... l 12 *** j l l
'13 ADMINISTRATIVE LAW JUDGE:
l :14: What is the significance of this? 15 MR. STEVEN KOHN: l 16 Yeah. What is the significance... 17 THE WITNESS:
'18 The significance is that the possibility of 19 contamination in a clean area outside of an RPA.
20 That is the significance. 21 MR, STEVEN KOHN: ; l 22 Okay. , j 23 *** l l 24- BY MR. STEVEN KOHN: 25 Q. And then what did you do? i i YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 j l l i l Page 377 l
IL r ,r m 638 1 A.- Questioned him on where he was. And he said 2' he had been up to the IM shop. 3 Q. And.did you go to the IM shop? 4 A. Yes. 5 Q. And what did you do there? l 6 A. I had a technician- survey the area to ensure 7 that, in fact, there was no contamination at the IM shop. 8 Q. And then what did you do? 9 A. Documented it and I believe- the tech E 10 documented it and went home or went back-to work. l 11 *** l-l 12 ADMINISTRATIVE LAW JUDGE: 13 You found nothing there. 14 THE WITNESS: 15 Nothing was found. I didn't see it. 16 *** 17 BY MR. STEVEN KOHN:
- 18 Q. And when is the next time that this incident 19 wascalledtohourattention?
20 A. November 4. 21 Q. And as I understand it, November 1 was a l 22 -Friday. 23 A. I believe so. 24 Q. And November 4 was the Monday. 25 A. Correct. YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 378
639 1 Q. Okay. And what happened on that Monday, 2 November 47 3 A. An individual, Mr. Roger Agulara [ph) , came 4 down and I don't know if he had looked over the logs or 5 looked at the RP logs, being the RP supervisor logs, but
'6 he...
7 *** l l 8 MR. O'MALLEY. 9 I don't mean to interrupt, but I will have an l l 10 objection as to hearsay in a moment if this ; 11 narration is going where I think it is going. f 12 ADMINISTRATIVE LAW JUDGE: 13 Okay. It is a hearsay alert. Go ahead. 14 MR. STEVEN KOHN: 15 Okay. 16 *** i 17 BY MR. STEVEN KOHN: 18 Q. And what happened, Mr. Robarge? 19 A. Roger looked at a log. Okay? He stated that l 20 he wanted... 21 *** I l 22 MR. O'MALLEY: j 23 Objection, hearsay. l 24 THE WITNESS: 25 When we up to the IM... ! l YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 l t i t t
- l. Page 379
{. L.
I l 640 1 ADMINISTRATIVE LAW JUDGE: l 2 Just a minute. L 3' THE WITNESS: l . 4_ -Sorry. 5 ADMINISTRATIVE LAW JUDGE: 6 You are getting an objection, hearsay on this. 7 Okay. Were you acting in an official capacity at 8 this time to conduct an investigation as to what 9 was happening?- 10 THE WITNESS: 11 I was. Yes. 12 ADMINISTRATIVE LAW JUDGE: 13 Okay. And was this investigation ultimately to 14 become a part of your report? , 15 THE WITNESS: 16 I -- yes. l 17 . ADMINISTRATIVE LAW JUDGE: Okay. He can answer the question. 18 I 19 MR. STEVEN KOHN: l 20 Thank you. 21 *** 22 BY MR. STEVEN KOHN: 23 Q. And can you identify Mr. Roger Agulara? 24 A. Yes. He was up for, I believe, an SQV audit 25 from South Texas project. YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 l Page 380 i
I ! 641 L 1 Q. And what is an SQV audit? 2 A. Quality verification. 3 Q. And what did he do at South Texas, to the best 4 of your knowledge? 5 A. He worked in RP. ! 6 Q. Radiation protection? 7 A. Radiation protection, yeah. 8 Q. And do you know how long he was up at Plant 9 Zion? 10 A. I believe it was two weeks. I am not sure. 11 Q. Was... 12 A. I believe it was two weeks. 13- Q. Did he -- had he become a Commonwealth Edison 14 employee at this time? 11 5 A. Oh, no. No. 16 Q. And who -- at this time, who was he an 17 employee of? 18 A. I believe it was South Texas project. 19 Q. But he was working at this time under the 20 direction and control of Commonwealth Edison supervisors. 21 A. Yes. While he was working, I believe 22 Commonwealth Edison invited him up because of problems. 23 They wanted to verify if -- to help out with problems. So 24 I believe that is the reason he was brought up here. 25 Q. Okay. And then -- and what did Mr. Agulara 1 YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 --(717) 854-0077 Page 381
Tm,Tran 3 to 642 l i 1 report to you? 2 A. He reported that there was -- he wanted to 3 look at the IM shop. I don't know if he went up there 4 .beforehand or he invited me up there, but he wanted to go 5 up there because he thought there was a problem. 6 Q. And what happened next? 7 A. I went up there. We looked at test equipment 8 and I found radioactive material outside the RFA. I 9 immediately called the technician. And at that point, we 10 started surveying. 11 Q. Okay. Now, tell me, to the best of your , 12 recollection, when you say I found -- where did you find i 13 .this contaminated inaterial? 14 A. Well, the contaminated material was in the IM, I 15 I will say, workshop, workbench, where the people have a 16 long station. They keep cabinets, parts, and everything of 17 tools in nature up in this part... 18 Q. And... 19 A. ...in the service building clean area. 20 Q. And is this the same place you had gone on 21 Monday? 22 A. No. No. We were in the IM -- they have 23 another -- across the hallway -- an office like, and that 24- is where we were because I believe the individual said he 25 was emptying the trash cans. l YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 382 i
643 1 ~Q. Okay. And tha location where you wara now, 2 where you now have found contaminated material, describe, 3 to the best of your recollection, where you found this 4 contaminated material? I I 5 A. They had a cabinet up there that they kept i 1 6 some gauges and tooling in. These gauges were found to be {i 7 taking -- taken out of that cabinet. They were put on a ) i 8 lunch counter. There was a coffee pot right by there. 9 They were on other parts of their work area, where they l 10 would work on these gauges or use them. l 11 Q. Okay. So the gauges that had the
'12 contamination -- the gauges had the contamination in it.
13 A. The gauges had the contamination in it and on 14 i t ., i 15 Q. Okay. And how close were those gauges
-16 physically to the coffee pot?
17 A. A foot. 18 Q. And did -- was there any other food on the 19 table? 20 A. Oh, sure. There was -- there were sandwiches. 21 I mean, people ate there. They used it for a 22 workbench / sandwich. I mean, they took their breaks there. 23 They ate cookies there 24 Q. And was the contaminated material in a close 25 proximity to the food? YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 383
_ , _ - . - . _ _ . _ _ - - _ - - _ _ _ _ - - - - - _ , _ _ - _ . - - - _ _ _ _ - - - - - - - - . . _ - - . _ _ - - . - - _ _ _ _ - - - - - _ - - _ . - . - _ _ . - - - - - - - - _ . - . - _ - - - . - = - - , - _ - - - - _ . - - = . , - - _ _ = - - - - 4 tnyIft3 J 44 644 1 A. Well,_ yeah, where it could have been, yeah. 2 Where the food was laying on the workbench -- just, yeah. 3 Q. Was the' fact that this workbench was also used
.4 for:1unch_or for eating, did that raise a concern for you?
5 A. It- raised a concern because the radioactive 6 material was on that bench. .Yes. - 7 Q. Now, this:-- these gauges, where did they come 8- from?. 9 A. .They use these gauges at -- from various areas 10 in the plant, mainly the auxiliary building. The -- they 11- are test gauges to check -- they.are calibrated gauges. 12 And-they would have to go out into the plant with this i 13 calibrated gauge and ensure that the other gauge was working properly or take that gauge, bring it up to the 15 plant, up' to the IM. shop, test it, calibrate it, and bsing 16 it back.
.17 0 Were the -- would.it be -- were these gauges 18 that were now in the IM area -- had they. at one point, 19 been used'in the RPA area?
20 A. Yes. l 21 Q. And did someone have to transport that gauge 22 from the RP area into the non-RPA area? 23 A. Yes. 24 Q. When that gauge moved from the RPA area to the 25 non-RPA area, which department had the responsibility for YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 384 m __ _ _ . _ _ _ _ . _ _ _ _ _ _ _ - _ _ _ _ _ _ __ _ _ . _ _ . _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ . _ _ . _ . _
l 645 i 1 detecting whether that gauge was contaminated with 2 radiation? 3- A. It was our responsibility to control 4 radioactive material. 5 Q. And in terms... 6 A. The... 7 Q. ...of
- cur
, best understanding of how these 8 contaminated gauges ended up at this lunch table, 9 essentially someone would have moved it from the RPA area 10 into the non-RPA area. Is that correct?
11 *** 12 MR. O'MALLEY: 13 Objection to the form of the question. 14 ADMINISTRATIVE LAW JUDGE: 15 To what? 16 MR. O'MALLEY: 17 Objection to the form of the question. 18 MR. STEVEN KOHN: 19 okay. I will rephrase. I will... L 20 MR. O'MALLEY: 21 Lunch table, too, it seems that that... 22 MR. STEVEN KOHN: 23 Your Honor, could we go off the record for a l 24 moment? l 1: 25 ADMINISTRATIVE LAW JUDGE: YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 385
650 1 MR. STEVEN KOHN: 2 Oh. I'm sorry. 3 *** 4 BY MR. STEVEN KOHN: 5 Q. Mr. Robarge, did you -- in your investigation
-6 of this incident, were'you able to form any -- did you form 7 an opinion as to how these gauges got on the -- into the IM 8 . shop?
9 A. Yes. 10 Q. And... 11 A. The... 12 Q. And what was that opinion? l 13 A. The IMs would take some of these gauges back j 14 to the IM shop for calibration. Okay? They may be-15 contaminated and we would tag them. All right? If -- this 16 is what I can remember, we would tag them with a sticker. l l 17 They would take them, the contaminated ones, and put them j 18 in a cabinet, a shelf and -- which was posted as an RFA.
- l 19 Some of those were found outside of that RPA. And after 20 also questioning them, they also took some of those gauges l 21- and used them on the clean system on the plant on the l
22 secondary side. And of course, they have been used for-- 23 contaminated water would flow through them -- these 24 gauges -- various gauges. 25 Q. Okay. What does that mean that these gauges YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 390 L _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ - - - - - _ _
651 1 were used on the clean systems on the secondary side? What 2- does that mean? 3 A. Non-radioactive. 4 Q. And what -- is there -- is that significant? 5 A. Well, you can -- the potential for these 6 contaminated gauges it is number one, what is inside of
- 7. them -- if you hook it up to a clean system, yes, there is 8 going to be contaminated material that-could go inside. Or 9 if there was fixed contamination on the outside of the 10 gauge, obviously, you could -- a piece of that could coma 11 off and fall, you know, onto the clean side.of the plant 12 outside the RPA.
13 Q. And what -- once you made this -- you detected 14 ~this situation, what happened next? 15 A. I called, obviously, up -- called the tech up. 16 We checked everything out, surveyed the IM shop, posted-- 17 put tape down and posted an area where they could work on I 18 the calibration of these gauges. We talked to them about 19 -immediately taking care of the problem -- or at least, I 20 did. I said you can't, you know -- and showed them the 21 ~ instructions. I said you can't do this, you can't do that. 22 And of course, filed the PIF. 23 Q. And I would like you now to look at page 19 of 24 Complainant's Exhibit 8. Can you identify this document? 25 A. Yes. ( YORK STENOGRAPHIC SERVICES, INC. ! I York, PA 17401 - (717) 854-0077 ! I L Page 391 l
652 1 Q. What is this? 2 A. This is a PIF, problem identification form, a 3 Q. And what -- and what situation did'this PIF ' l 4 relate to? 5 A. The items I have just talked'about. 6 Q. And calling your attention -- now, in the-- i 7 on;page 19, where it says problem description,.were you the ' 8 person who. typed that in what -- describing the problem? 9 A. 'Yes. 10 Q. 'Immediate -- and under the second- box, 11 immediate action taken, were you the person who typed that 12 in? 13 A. Yes, I am. 14 Q. Under apparent cause, did you type that in? l 15 A. No, I did not. i
. I 16 Q. And-under rework, no, did you type that in?
- 17. A. I don't believe so, no.
l l 18 Q. Now, would you please turn to page 20 of 25? 13 And if you see event information, there is the box. It g 20 says, " Problem resolution, please close this level 4 to l 21 CAR 22-96-054 as it is currently being tracked in two
- 22 places." Do'you see that?
l 23 A. Yes. l I 24 Q. Did you type that in? L 25 A. No. YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 e f Page 392
653 l l -- 1. .Q. 'Okay. Now, would you please turn to i l- 2 Complainant's Exhibit 367 3' *** L l
'4 MR. O'MALLEY:
.5 I don't have one, Mr. Kohn.
6 MR. STEVEN KOHN: 7 36? Complainant's Exhibit 36. No. Do they have 8' it? Did you give it to Mr. Goldberg? 9 MS. WESTERMAYER: 10 We got it this morning. ,
. 11 MR. O'MALLEY:
12 I didn't get it. I can look on with the witness. 13 ADMINISTRATIVE LAW JUDGE: 14 You can -- do you got one there? Okay. l '15 MR. O'MALLEY: 16- Can I look on with the witness?- 17 MR. STEVEN KOHN: 18 And I apologize. I thought that h'ad been 19 distributed ~. 20 ***
- - 21 BY MR. STEVEN KOHN
22 Q. And can you -- if.you can please look at
- 23. page:1 of what has been marked as Complainant's Exhibit 36?
.24 A. Yes.
25 Q. .And look at the top of page 1 in which there YORK STENOGRAPHIC SERVICES, INC. York, PA.17401 - (717) 854-0077 c. Page 393 L L________________________.-__ _ _ _ . _ _ _ __ _ _ _ _ _ _ _ _ . _ .__._._i
654 1 is a number 229654. 2 A. Correct. 3 Q. Do you see that? 4 A. Yes. 5 Q. And on -- and then as you are aware your PIF, 6 which was Joint Exhibit 8, was closed to CAR 229654. 7 Correct? 8 A. Correct. 9 Q. And this says corrective action record. To 10 the best of your understanding, is this now the 11 continuation -- the paperwork which continues your PIF? 12 A. That is correct. 13 Q. Okay. And if you look on page 1 of Exhibit 14 36,.there is a' description. Does that describe your PIF? 15 A. Yes. 16 Q. And if -- under the discussion section, if you 17 could go to the second paragraph of the discussion section, 18 and you will see on the fourth line -- excuse me, on the 19 third line it begins, "An RP supervisor observed a 20 contaminated test gauge on the IM lunch table." 21 22 ADMINISTRATIVE LAW JUDGE: 23 Relocate me again. Where are you? i 24 MR. STEVEN KOHN: 25 okay. This would be under the discussion i l YORK STENOGRAPHIC SERVICES, INC. [ York, PA 17401 - (717) E54-0077 Page 394 f. L
655 1 section... 2 -ADMINISTRATIVE LAW JUDGE: 3 Yeah. Paragraph? 4 MR. STEVEN KOHN: 5 Two. 6 ADMINISTRATIVE LAW JUDGE: 7 Okay. 8- MR. STEVEN KOHN: 9 The third line, where it reads, "An RP 10 supervisor... 11 ADMINISTRATIVE LAW JUDGE: 12 Okay. 13 MR. STEVEN KOHN: 14 ... observed a contaminated test gauge on the IM 15 lunch table.
-16 ***
17 BY MR. STEVEN KOHN: 18 Q. Do you see that? And right after it says,
.19 "PIF 963954?"
'20 A. Yes.
21 Q. Is that your PIF number for the November 4 22 PIF? 23 *** 24 ADMINISTRATIVE LAW JUDGE: . 25 Look at 19 on there. YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 395 l l
' 656 l l 11 PGt. - STEVEN - KOHN : ! L. l u 2 And that was page 19 of 25, Joint. Exhibit 8. 3 THE WITNESS: 4 Yes. j 5 MR '. STEVEN KOHN: l 6 Okay. i 7 *** 8 BY MR. STEVEN KOHN: L 9 Q. Now, coming back up to the description I' 10 section, on- page 1 - of 36, the second sentence, it says, , 1 11 "This work practice increases the possibility of l 12 inadvertently . transporting radioactive materials off-site 1 13 and spreading radioactive contamination into clean areas." ) 14 Would -- is -- would you agree with that assessment of l .15 .your.-- of the problem you identified in the PIF? 16- A. Absolutely. 17 Q. Now, come to the second paragraph under the ) 18 discussion section. And again, if you would go to the
)
19 sentence... 20 *** i 21 MR. O'MALLEY: 22 If you want to move it, Mr. Kohn, I won't object to
'23 this exhibit.
24 MR. STEVEN KOHN: 25 Okay. Your Honor, I move for the admission of YORK STENOGRAPHIC SERVICES, INC. l-L York, PA 17401 - (717) 854-0077 , 1 l Page 396 i_______._____________ L
i , ; ,.. , . . 657
-1 Exhibit 36.
2 ADMINISTRATIVE LAW JUDGE: i 3 No objection? All right. ! 4 MR. O'MALLEY: . 5 No objection, Your Honor. j r 6 ADMINISTRATIVE LAW JUDGE: i 7 Claimant's Exhibit 36 is received and is now part l 8 of the record. ! 9 *** 10 BY MR. STEVEN'KOHN: ! i 11 Q. And if you see the date of this document -- if - 12 you turn to the second page, you will see approved on the 13 bottom right-hand corner, it says 11/26/96. Do you see 14 that date... i 15 A. Correct. ! 16 Q. ...on page'2? Now, come up to... t 17 *** l 18 ADMINISTRATE.~VE LAW JUDGE: 19 Who signed that? 20 *** 21 BY MR. STEVEN KOHN: 22 Q. Do you recognize that signature? i 23 A. On this copy I cannot make the signature out. 24 Q. Okay. Now, let's look up again on this -- on 25 page 2. Do -- if you look at the very top under finding, L ' YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 i l
)
Page 397 _ ________-_ - ___ - ___ 2
TonyTeen 3 to 658
.1 it says severity level 2 for the CAR. Do you see that?
2 A. Correct. 3 Q. Based upon your knowledge-at Plant Zion, do i 4 you hare any impression as to what a severity level 2 CAR 5 would mean? 6 A. Yes. It is.a much higher level of scrutiny. 7 Q. Than say a normal PIF. 8 A. Yeah. That is correct. 9 Q. And under -- if you come down -- you see this 10 section that says, "Immediate corrective actions included"? 11 Do you see that? 12 A. Yes. 13 Q. Right here on top. And you initiated the PIF. 14 Go the second line. Do you see the station manager, 15 Keith Schwartz; maintenance-superintendent, D. Bumm (ph) , 16 and health physics services supervisor, Walt Strodl, were 17 -notified of this event? 18 A. Yes. 19 Q. Do you see that? Were you the person who 20 notified these three individuals of this event? 21 A. No, I did not. 22 Q. And to the best of your knowledge, were they 23 notified through the procedures set forth in the PIF 24 regulations? I 25 A. Yes. [ YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 l l Page 398
659 1 Q. And to. the best of your knowledge, was that 2 .the approved mechanism for informing these three 3 Individuals of this event? 4 A. Absolutely. 5 Q. And if you would please now turn to page 4 of 6 Exhibit 367 7 *** 8 MR. O'MALLEY: 9 I think I have these. Oh, This is of Exhibit 36. 10- ADMINISTRATIVE LAW JUDGE: 11 Same one. I 12 MR. O'MALLEY: i 13 Thank you. ! l
'14 ***
15 BY MR. STEVEN KOHN: 16 Q. And again, does the .information contained on 17 this page relate directly back to your PIF? 18 A. Yes. l 19 Q. And on page 5 of this exhibit... 20 *** 21 ADMINISTRATIVE LAW JUDGE: 22 Okay. I can't read the bottom of this. I don't 23 know if it is approved or not. 24 MR. STEVEN KOHN: 25 The handwriting, Your Honor, was on the document YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Fage 399 [- - - . _ _ - _ . _ _ - _ _ _ ______ -
)
660 1 given to us and this is the best copy that we have. , 2 I don't know if Respondent has a better copy.
]
3 ADMINISTRATIVE LAW JUDGE: 4 Okay. Since it came from Respondent, if there is 5 anything to be noted in that, I will leave it to 6 them to get the original in. Otherwise, accept it I I 7 as it is. Okay. Go ahead. 8 *** f 9 BY MR. STEVEN KOHN: 1 10 Q. And again, page 5 of this document,-does this l 11 relate back to your PIF? That is-Exhibit 36. 12 *** 13 ADMINISTRATIVE LAW JUDGE: 14 The second big paragraph here? 15 MR. STEVEN KOHN: 16 Yeah. The -- well, this says put it -- if he did 17 the -- do -- is the entire. . i 18 THE WITNESS: I i 19 Yes. 20 MR. STEVEN KOHN: ) 21 Okay. 22 23 BY MR. STEVEN KOHN: 24 Q. Now, was corrective action taken as a result
- 25. of the PIF you filed?
YORK STENOGRAPHIC SERVICES, INC. j York, PA 17401 - (717) 854-0077 j i Page 400 l i t
661 1 A. Yes. 2 Q. And in reviewing Exhibit 36, can you tell the 3 Court what corrective action was taken? 4 A. Yes. The items, of course, were removed from 5 the IM hot. shop area -- was taped off around- where they 6 were working on the test equipment. As _far as the 7 corrective actions -- is that what you are looking for too? 8 Q. Yes. 9 A. I would have to go to the -- well, they were 10 going to buy some more equipment- and maybe some more 11 cabinets and limit some of the gauges, of course, that were 12 going from the auxiliary building to the IM shop. 13 Q. If you look at page 4 of this exhibit, Exhibit 14 36... 15' A. Uh-huh.
- 16. Q. ...where under immediate action taken...
17 A. Uh-huh. 18 Q. ...and it says, " Train all IMs on the proper 19 use of the new test area in their shop." Do you see that? 20 Under immediate... l 21 A. Yes. 22 Q. ... action taken. 23 A. Yes. 24 Q. And it says, " Create an IM calibration 25 facility for contaminated equipment." Do you see that? 1 i YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077
- I Page 401
662. 1 A. Yes. 2 Q. And it. says, "Look at 'MM' and 'EM' for 3 similar practices." Do you know what "MM" and "EM" are? 4 A. Yes. 5 Q. And what does that stand for? 6 A. Mechanical maintenance, electrical 7 maintenance. 8 Q. So to your understanding, were these 9 ' corrective actions taken as a result of the PIF you filed? 10 A. Yes. Yes. 11 Q. And now, if you would please look at page 1 of 12 Exhibit 6?- Oh, I'm sorry, of Exhibit 36, page 1. 13 *** 14 ADMINISTRATIVE LAW JUDGE: 15 Excuse me. What does IM stand for? 16 THE WITNESS: 17 Instrument maintenance. 18 *** 19 BY MR. STEVEN KOHN: 20 Q. So that I understand that sentence is, 21 although this problem was found in IM, they were going to 22 look at two other departments to see if they had a similar 23 problem with their gauges. Correct? I mean, that is... 24 A. I'm sorry. Where did you read that from? 25 Q. Under... i l l YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 l Page 402 l L
663 1 *** 2 -ADMINISTRATIVE LAW JUDGE: 3 Page 4. 4 *** 5 BY MR. STEVEN KOHN:
-6 Q. Page 4, under immediate action taken.
7 A. Yes. 8 Q. Now, if you can go to page 1 of 6 on Exhibit 9 36? You testified earlier that PIFs were useful for 10 something known as trending. 11 A. Yes. 12 Q. If you can.look at the first sentence of the 13 last paragraph, where it says, " Control of radioactive 14 materials outside the RPA is a reoccurring problem, not 15 only-at Zion, but at other Comed nuclear sites." 16 *** 17 MR. O'MALLEY: 18 Objection, foundation. 19 ' ADMINISTRATIVE LAW JUDGE: 20 . Well, he is reading from it... 21 MR. O'MALLEY: 22 Oh. Okay. I'm sorry, Your Honor. I don't have my 23 copy in front of me. I 24 ADMINISTRATIVE LAW JUDGE: 25 Okay. l' YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 403 l 1
664
-1 ~ -MR. STEVEN KOHN:-
I understand, actually, that a copy was given to
-2
~3 Respondent this morning.
4 ADMINISTRATIVE LAW JUDGE:
-5 Did it get in a wrong book maybe?
6' MR. O'MALLEY: 7 We don't have it, Steve. 8 9 BY MR. STEVEN KOHN: 10 Q. Okay. Again, looking at the: bottom paragraph 11 of Exhibit 36... 12
.13 ADMINISTRATIVE LAW JUDGE:
'14 This happens -- get them another copy later on...
15 MR. STEVEN KOHN: 16 We will. The moment I can'. 17 ADMINISTRATIVE LAW JUDGE: 18 ...when we -- who knows what has happened in the < 19 flurry, if you can do that. Go ahead. 20 21 BY MR. STEVEN KOHN: 22 Q. Where it says, " Control of radioactive a reoccurring problem, not 23 materials outside the RPI. is , Zion Station, but at other Comed sites." Do you 24 only at ,
.25 see that?
YORK STENOGRAPHIC SERVICES, INC.
. York, PA 17401 - (717) 854-0077 I
i Page 404 w-__-___--___
665 l 1 A. Yes. 2 Q. -Does.this statement have anything to do with 3 the-trending issue you had earlier testified about? 4 A. Yes. 5 Q. And how does that relate? 6 A. .The trending issue is -- they are saying other
-7 _ problems like this have occurred, so therefore these PIFs 8 that they trended before and now they are finding other 1 9 problems from the PIF that was written here.
l 10 Q. And in fact, your PIF was trended not only to 11 a problem at Comed -- at Zion Plant, but Commonwealth 12 Edison used your PIF and put it into a larger trending for I 13 all their plants. 14 A. That is' correct. 1 15 Q. Now, after you wrote this PIF, did anything 16 unusual happen?-
.17 A. Yes.
18 Q. And what happened? Well, actually, first I 19 want =ta) . lay .one other foundation question. Prior to 20 -initiating this PIF, did you discuss this PIF with 21 Mr. Strodl? 22 A. Prior to? 23 Q. Yes. L 24 A. No. j l 25 Q. After initiating the PIF, did you discuss-- YORK STENOGRAPHIC SERVICES, INC. i York, PA 17401 - (717) 854-0077 ; i l j l. Page 405
l 666 1 did you inform Mr. Strodl about this PIF? 2 A. No. I l
-3 Q. Okay. So after you initiated the PIF, what 4 happened next?
5 A. I believe it was later that morning or the 6 next day, I am not sure which, but it was -- I think it was 7 later that morning. I am not sure. But Roger Agulara 8 came down to the RP office where I was at the supervisor's 9- desk and he said Mr. Strodl was very angry, yelling, using 10 vulgarity about the PIF that I had written. So -- and he 11 told me -- he says, maybe you should go down there and see 12' what is going on. I said, yeah, I absolutely agree. So I 13 went down to see Mr. Strodl. 14 Q. And what happened next? 15 A. As I approached his office, he was pretty 16 angry about the PIF I wrote. 17 Q. And did he say anything to you? 18 A. There were vulgarities. 19 Q. And... 20 21 ADMINISTRATIVE LAW JUDGE: 22 I want to know what he said. I don't want a 23 characterization of -- what did you say to him and 24 , what did he say to you? 25 THE WITNESS: i YORK STENOGRAPHIC SERVICES, INC. l York, PA 17401 - (717) 854-0077 Page 406 e . _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
L '667 1 I.cnn't racall. 2 ADMINISTRATIVE LAW JUDGE: 3 Well,...
~4 THE WITNESS:
5 We had... 6 ADMINISTRATIVE LAW JUDGE: 7 ...think it as best as you can. 8 THE WITNESS: 9 Okay. I know that I had discussed the PIF and I 10 know he had mentioned something about the IMs as 11' -best as I can recall. 12 *** 13 BY MR. STEVEN KOHN: 1 L 14 Q. And what was his demeanor in this meeting or 15 interaction? 16 A. Well, he was very unprofessional. Just -- to 17 get upset over a.PIF like that for a plant safety issue, I R18 don't know,- he was red-faced. He was angry, very angry. 19 Q. And when you say he used vulgarity, today can 20 yourememberanyoftbewordsheactuallyused? 21 A. I... 22 *** i 23 MR. O'MALLEY: i 24 Objection, asked and answered. 25 THE WITNESS: YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 407
Twy?ran 3.la l' 668 1- It would only be a guess. I .- - there were some 2 vulgarities. 3 *** l' 4 BY MR. STEVEN KOHN: 5 Q. And how did you-react to this encounter? 6 A. I was very upset. I 7 Q. .Why? l 8 A. Because I had -- finding a safety problem like 9 that and having someone get angry, I just -- I can't 10 understand it. I just -- after -- and with other people 11 that were around and them hearing it, it wasn't the -- it 12 was a -- it was -- I felt not too big. I mean, it just-- 13 it -- I didn't feel right. 14 Q. Why? I n
, 15 A. Because I filed a PIF. I was doing my job. I 16 went per the procedure and now I am getting chastised for 17 it.
18 Q. After this encounter, did you notice any i 19 change in Mr. Strodl's behavic,r toward you? 20 A. Yes. 21 Q. And what was that? 22 A. He was cold, wouldn't talk that much to me. l 23 Just -- I don't even know if it was on a professional basis 24 anymore. I mean, it was just -- just a cold issue. 25 Q. And after this encounter, did you start to do YORK STENOGRAPHIC SERVICES, INC. l York, PA 17401 - (717) 854-0077 f f l
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Page 408 j l
TayTrna 3.lo 669 1 something? 2 A. Yes. 3 Q. And what did you start to do? 4 A. I wrote a log. 5 Q. Prior to this encounter, had you ever written
'6 a log before like you started after this?
7 A. Not that I can recall. 8 Q. And what did you put in this log? 9 A. Various things that people stated in the log. 10 Q. What type of incidents did you record in this 11 log you started? 12 A. Incidents of people swearing. I know, I had 13 made a statement in there about Mr. Strodl swearing, using 14 vulgarities, other people -- the use of language. The
,A 15 various things.
16 Q. And why did you start -- why did you take 17 notes about other people's use of language? 18 A. Because I thought they were going to use this 19 against me in some way. 20 Q. What -- use what, vulgarity against you? 4 ! 21 A. No. The fact of writing a PIF and the other I 22 incidents. 1 l 23 I' 24 MR. STEVEN KOHN: 25 I was just trying to identify the exhibit number. YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 I Page 409 ; i
670 1 MR. O'MALLEY: 2 While you are looking for that exhibit, 3 Mr. Goldberg is informed that your people won't 4 bring your experts to the Radisson where our Court 5 Reporter is located. 6 MR. STEVEN KOHN: 7 We,can go -- I suggest we go off the record. 8 ADMINISTRATIVE LAW JUDGE: 9 Well, all right. It is one minute of -- I am going 10 to call this now. You have that document first 11 thing in the morning. We are here at 8:00. 12 MR. O'MALLEY: 13 Thank you, Your Honor. 14 MR. GOLDBERG: 15 Thank you, Judge. 16 ADMINISTRATIVE LAW JUDGE: 17 Off the record.
'18 ***
19 (Wherei7, the hearing ended at 5:59 p.m. on May 19, 1998.] YORK STENOGRAPHIC-SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 410
i i 900 ( 1 WITNESS DIRECT CROSS REDIRECT RECROSS COURT 2 3 For the Complainant: 4 5 Randy Robarge 6 by Mr.'O'Malley 901 7 8 by Mr. S. Kohn 938 9 10 Allen Mosbaugh 963 11 by Mr. M. Kohn 949 1032 12 13 by Mr. Goldberg 1007 1037 14 15 For the Respondent: 16 17 Lester Guthrie 1071 18 by Mr. O'Malley 1046 1207 19 20 by Mr. M. Kohn 1146 21 22 Gregory Kassner 1226 23 by Mr. Goldberg 1210 ( 24 *** 25 26 EXHIBIT FOR IDENTIFICATION IN EVIDENCE 27 28 CX-17 940 945 29 CX-38 951 30 CX-39 968 969 31 CX-40 969 970 32 CX-41 970 977 33 CX-42 985 986 j 34 CX-43 977 981 35 CX-45 986 986 36 CX-46 1041 37 38 RX-29 1120 39 RX-32 1121 1130 40 RX-71 910 913
- 41 RX-76 1039 l 42 RX-77 993 43 RX-79 1059 1080 44 RX-80 1083 1084 45 RX-81 -
1114 1118 (
. YORK STENOCIRAPHIC SERVICES, INC.
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%:, s e 1210 1 MR. GOLDBERG:
2 Or would you please swear the witness? 3 ADMINISTRATIVE LAW JUDGE: 4 Kindly stand, Mr. Kassner, and raise your right 5 hand. 6 *** 7 (Witness sworn) 8 9- ADMINISTRATIVE LAW JUDGE: 10 Fine. Have-a seat there. State your full name and 11 your address for the record. 12 THE WITNESS: 13 My full name. is Gregory Thomas Kassner and my 14 address is 1373 Winborn Circle, Kennesaw, Georgia 15 30152. 16
. 17 GREGORY THOMAS KASSNER, as a witness, having first been duly sworn, 18 called 19 according to the law, testified as follows:
20 DIRECT EXAMINATION i 21 BY MR. GOLDBERG: ! 22 Q. Mr. Kassner, you understand that the 23 proceeding we are hera dealing with before Judge Phalen is 24 a matter under Section 211 of the Energy Reorganization 25 Act? { YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 l I Page 313
TonyTran 3.14 1211 1 A. Generally, yes. 2 Q. Now, who are you currently employed by? 3 A. I'm employed by the Institute of Nuclear Power 4 Operations known as INPO.
~5 Q. .That's'the same company- where Mr. Strodl who 6 is in the courtroom today is employed, is that correct?
7 A. Yes. 8' Q. You and Mr. Strodl are now colleagues down at 9 INPO? 10 A. -Yes, we are. 11 Q. Please tell the Court what you basically do in 12 connection with your work at INPO. 13 A. My. specific position is radiation protection 14- evaluator and we . visit nuclear power plants across the R15 country and .the world and evaluate their performance and is make recommendations to how they can improve their 17 performance. 18 Q. Want to give the Court a little bit of your 19 educational background and start after the high school 20 level, please. 21 .A. Okay. I attended Purdue University and 22 ' graduated in- 1983 with a Bachelor of Science in 23 Environmental Health with a major in health physics which 24 isIradiation protection. And shortly after that began 25 working'for Comed at Zion Station. YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077
- a l.
Page 314
ToyTran 314 1216 1 Q. Okay. And in March of 1993 did you assume a 2 new position of responsibility? 3 A. Yes, in March of 1993 I became the radiation 4 protection department head. 5 Q. Radiation protection department head. 6 A. Right. 7 Q. And that is the position that Mr. Strodl 8 eventually assumed when he arrived at Comed Zion? 9 A. Yes. The title was health physics services 10 supervisor. 11 Q. Okay. 12 A. And that's the position that Mr. Strodl 13 assumed in the July of 1996 time frame. 14 Q. Okay. So between 1993 and mid-1996 y>u were 15 in that position for the entire time? 16 A. From March of '93 through, right, July of '96, 17 yes. 18 Q. Now, I want to direct you to the 1996 time 19 frame in light of your last answer and confirm for the 20 position that you were holding during the 1996 time period 21 beginning in January. 22 A. Which -- you're asking which position? 23 Q. January 1996 you were holding what position? 24 A. Health physics services supervisor. 25 Q. And this was until what dite approximately? YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 319
TinyTmallo . 1217 { 1
- j. : 1 A. July probably 15 or so of 1996.
2 Q. Okay. As the head of the radiation protection 3 department. were- there certain responsibilities which you 4 would consider the primary responsibilities for the 5 position -- for the person in that position? 6- A. Well, sure. There was -- my primary 7 responsibility was to ensure radiological safety for the 8 workers in the plant and that's accomplished by the 9 radiation -- primarily by the radiation protection 10 department members, technicians, ' supervisors , and the 11 management staff. And so I was responsible for making sure 12 that they implemented their duties and carried out t. j -- -13 radiation protection procedures. 14 'Q. Well, let me just confirm. I think you hit < 15 that in your last . answer but I'd like to establish which 16 types of employees at the Zion plant were under your let's l-17 say department while you were the head of the department? i 18 Give me the titles of the employees. l l 19 A. Oh, radiation protection technicians. l l 20 Q. And those would be a union or management l- ~ 21 position? L .22 A. That's a union position. 1 L 12 3 Q. Okay. Who else? 24 A. And then radiation protection supervisors who I
'25 are part of the management organization.
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f: , 1248 IL 1 WITNESS DIRECT CROSS REDIRECT RECROSS 2 - l' 3 For the' Claimant: 4 5 [None] 6 7 8 For the Employer: 9 l 10 Gregory Kassner 11 by Mr. M. Kohn 1347 1397 12 13 by Mr. Goldberg- 1394 14 15, ' Walter Strodl 16- by Mr. O'Malley 1400. 17 j 18 - 19 EXHIBIT FOR IDENTIFICATION IN EVIDENCE 20 CX-31 [692] [697] 21 j 22 CX-48 1381 23
-(,- 24 RX-35 1304 I i
25' ) 2 ti RX-82 [JX-71] 1289 l 27 i 28 EXHIBIT FOR DISCUSSION I 29 JX-13 1326 30 JX-17 1293 31 JX-32 . 1434 32 JX-39 1437 33 JX-41 1467 34 JX-44 1257 35 JX-44A 1260 36 JX-45 1277 37 JX-45A 1278 38 JX-64 1315 l 39 i
~( 40 41 CX-31 1387 YORK STENOGRAPHIC SERVICES, INC. l York, PA 17401 - (717) 854-0077 e
v ,w s a 1347 1 Okay. Cross examination. 2 MR. MICHAEL KOHN: 3' Yes, Your Honor. l 4 *** 5- CROSS EXAMINATION 6- BY MR. MICHAEL KOHM: 7 Q. Mr. Kassner, first I'd just like to ask one or 8' two questions where we're at at this point. Is it true j 9 that the . practice'was such that objects at or.above 1,000 10 millirem were. routinely placed.in'the barrel? l 11 'A. Objects above 1,000 millirem? 12 Q. Yes. Were routinely placed in the barrel.
'13 A. ' Measured ~at what distance from the objects?
14 Q. That called- into question the technical 15 specification-you've been referencing. 16 *** 17 ' ADMINISTRATIVE LAW JUDGE: 18 At 30 centimeters? l- 19- MR. MICHAEL KOHN: l
'20 Yes.
21 ADMINISTRATIVE LAW JUDGE: 22 At one foot? Is that the full scope of the... , l - 23 = MR. MICHAEL KOHN: 24: Yes, that's the important measurement point. 25 THE WITNESS: ! YORK STENOGRAPHIC SERVICES,- INC. York, PA 17401 - (717) 854-0077 i Page 102
byTrea 3 I4 1348 l' Yes. It's probable that that happened. 2 *** 3 BY MR. MICHAEL KOHN: 4 Q. Well, isn't it true that over the -- since you 5 had been the head of the radiation protection department, 6 that it absolutely did' happen numerous times over the l
- l. 7 course of the years. Isn't that true?
i l 8 A. It's possible. And I would need to review
- 9 past surveys to verify that.
10 Q. So then your testimony is you have never 11 reviewed the past. surveys to see how deficient - your , 12 department was over the few years with respect-to l past l t l 13 implementing this technical specification. 14 A. I haven't recently reviewed those surveys. I 15 Q. Have you ever reviewed them? i 16 A. I've reviewed surveys in the past. I 17 Q. After the gasket incident, did you review 18 surveys to determine how widespread the practice was and 19 how deficient was your department over the last few years-20 in implementing the 1,000 millirem of 30 centimeter
- , - 21 . requirements?
22 A. No. We didn't review those surveys. l
- 23 Q. And isn't that the heart of Randy Robarge's
. 24 ' pleading with you and trying to make clear to you as a 25 department. head that the problem wasn't Randy Robarge, the YORK STENOGRAPHIC SERVICES, INC.
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T,nyTran 3.14 1349 1 problem is systemic. It's been going on for years. And, 2 yes, I got caught in it, but what should we do about it. 3 Was he trying to make that point to you? 4 A. He was trying to make that point, yes. 5 Q. Okay. And is it true that at the time the hot 6 gasket was found, Mr. Schuster was present. When the 7 reading of 100 REM was detected, Mr. Schuster was right 8 there. , I 9 A. I don't understand that it occurred that way. ( 10 No. 11 Q. Do you understand that at some point before l 12 the gasket was placed into the nylon bag and placed into ; 13 the barrel, that Mr. Schuster was present and physically l 14 observing the process? 15 A. When the diaphragm and the gasket, which were 16 stuck together, were first removed from the steam ; 17 generator, I believe Mr. Schuster was present at that ' 18 point. 19 And Schuster is the ALR specialist-- l Q. M r . 20 ALARA specialist. 21 A. The ALARA analyst. ! 22 Q. And what is ALARA -- what does ALARA refer to? l 23 A. As low as reasonably achievable. 24 Q. And his job is to make sure that the work 25 being done will protect those workers to the fullest extent YORK STENOGRAPHIC SERVICES, INC. , York, PA 17401 - (717) 854-0077 l Page 104
1367 1 Well, now he can be testifying to the fact that he 2 didn't see the document. It doesn't mean he wasn't 3 aware that there was a circumstance that had to be 4 corrected. I want to know the answer to that. 5 MR. GOLDBERG: 6 Granted, Your Honor. I just want the witness to be 7 clear for record purposes what question he's 8 responding to. That was so open ended, it didn't 9 give him much... 10 ADMINISTRATIVE LAW JUDGE: 11 Okay. Narrow your question accordingly. 12 *** 13 BY MR. MICHAEL KOHN: 14 Q. And I believe you were aware that your 15 department was deficient with respect to the filing of 16 PIFs. Were you not? 17 A. Not specifically, no. 18 Q. So is it your testimony then that the December 19 4, through December 14, INPO 9. valuation assessment finding 20 RP.3-2, which reads, " Weakness in radioactive material 21 controls..." 22 *** 23 MR. O'MALLEY: 24 Objection, Your Honor, for reading a document not 25 in evidence. Do you want to show it to the YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 122
1368 r 1 witn32c? I 2 ADMINISTRATIVE LAW JUDGE: l 3 Show it to him. 4 MR. O'MALLEY: 5 Objection to the hearsay. This is all hearsay, 6 Your Honor. 7 MR. MICHAEL KOHN: l 1 8 Your Honor, we'd like... 9 ADMINISTRATIVE LAW JUDGE: 1 I 10 He's asking him if he recalls this specific thing. ! l
.11 That question's all right.
12 *** 13 ~BY MR. MICHAEL KOHN: 14 Q. You may read it. I'm going to start over. 15 Looking at INPO outage review, February 20, through March
)
16 3, 1995, I believe it's binding 25. " Radiological 17 performance problems identification follow up. Station 18 workers and RPT's often do not generate problem i 19 identification forms for radiological occurrences. As a 20 result, radiological protection and station management are 21 insufficiently aware of problems or their root causes 22 associated with the radiological protection program." Are 23 you aware of that findingi 24 A. I don't specifically recall that finding. 25 Q. Were you aware of a subsequent finding made in YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 k Page 123
1369 1 June of 1996, by INPO, that the ability to generate PIFs in 2 your department had not been corrected? 3 A. In June of 1996? 4 Q. Yes. 5 A. I'm sorry. I don't have specific recollection 6 of it. 7 Q. You're not aware of a finding by INPO that in 8 June of 1996, a corrective action still had not been 9 effectively implemented with respect to the generation of 10 PIFs in your organization. 11 A. In relation to the generation of PIFs, no, I 12 don't recall that. 13 Q. Now you testified, with respect to the steam 14 generator gasket, that you were the individual who ordered 15 that PIFs should be initiated. Correct? 16 A. Yes. 17 Q. And you also testified that it was initially 18 found on the floor by a RP technician, or someone working 19 in -- who found it on the floor? 20 A. A radiation protection technician. 21 Q. RP technician. Wasn't that RP technician at 22 the point of -- would that be considered a RAM. Do you 23 know what I'm referring to as a RAM? 24 A. I understand RAM to -- it would be an acronym 25 for radioactive material. YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 124
1370
. 1 Q. Yes. That's where I was getting to.
2 A. Yes. 3' Q. And isn't it a fact that INPO is tracking a 4 wholly deficient RAM practice in your department finding 60 l 5 or'70 pieces of uncontrolled RAM lying throughout the RP 6 area? Wasn't that a big problem? p l 7 A. At what point in time are you referring to? 1 l l 8- Q. 1995 through 1996. I 9 A. I recall, during the year end INPO inspection l 10 evaluation in 1995, we were concluding a unit outage and u 11 stationed the way that we demobilized the equipment from 12 containment was not as best as- it could have been. And 13 there- was a lot of radioactive material, a lot of-14' radioactive material bags stored in the fuel building. And
.15 it could have been better, yes.
16 Q. Okay. And as a result of- a PIF that was 17 instituted, lt believe at another plant, actually, your 18 department was required to survey 'the entire RP area to 19 find out how many pieces of ' RAM were lying around, 20 unidentified, unlabeled, or labeled and just not properly 21 disposed of. Correct? l 22 A. Yes. 23 Q. And do you remember the mr.gnitude of the 24' amount of RAM that was found? 25 A. There were a good number of items. I don't YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 ( I Page 125
1 , i, 3. .. 1371 1 remember the exact number at this point. 2 Q. Neither do I. But it's in here somewhere.
'3 And my recollection was like 60 or 70. Does that sound 4 reasonable?
5 A. Yes, it does. 6 Q. Okay. Now you have a radiation protection 7 technician walk in to the RPA, finds an object that is 8 specifically used in the RPA for containing radioactive 9 waste. Correct?
~10 A. Are we talking about...
11 *** 12 ADMINISTRATIVE LAW JUDGE: 13 You're now with the steam generator gasket l_ l 14 incident? 15 MR. MICHAEL KOHN: 1 16 Yes. i 17 ADMINISTRATIVE LAW JUDGE: 18 Okay. Try to be more... 19- *** 20 BY MR. MICHAEL KOHN: 21 Q. We're at the steam generator-gasket incident.
- 22 A technician walks in, finds a bag that is specifically 23 used to contain hot particles from -falling off;of hot 24 equipment. Correct? You testified that's the purpose of 25 that bag. Right?
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u, u ,. .. l. 1373 e 1 BY MR. MICHAEL-KOHN: 2 Q. Did you -- what is your understanding? You 3 testified about some RP technician touching the gasket. 4 A. I understand that the technician picked up the 5 bag and felt the gasket inside, and then dropped the bag on 6 the floor, knowing that it was likely a hot piece of 7 material. i 8 Q. When the RP technician found a piece of RAM 9 ~ lying in the RPA, what was the proper required procedure ~at 10 that specific point in time?
- 11. A. The proper practice was what was done.
12 Q. No. I don't care practice procedures, sir. 13 A. Well, a number of them would apply. 14 Q. Let's turn to the PIF procedure. When the RP l 15 technician found a piece of uncontrolled RAM in the l
- 16 radioactive protective area, should a PIF have been l
17 immediately generated? 18 A. What-do you mean by immediately generated? 19 Q. Well, what is the requirement under the PIF l 20 procedure.for immediate. generation of a PIF? L 21 A. The immediate requirement is to place whatever l 22 condition is discovered by a radiation worker at the plant, 23 place that condition in a safe manner. 24 Q. Well, you have a piece of RAM on the ground. I 25 A survey is done. And you put whatever barrier you have YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 128
t-
?ony? ras ) 54 1374 l-1 to. At that instant you're supposed to write -- as soon as E 2 that's done, that's when you're supposed to write the PIF.
'3 Correct?
4 A. You can't write a PIF from containment, from l 5 the basement of containment. 6: Q. Well, then the RP technician, after taking the 7 appropriate protocol, was .then supposed to leave the RP 8 area and go and write a PIF. Right? 9 A. The radiation -protection technician or a
-10 radiation protection supervisor could write the PIF.
11 Q. And it wasn't written at that point in time. l 12' was it? 13: A. I don't know how much time elapsed between the 14 time the gasket was discovered and a member of my staff 15 wrote the PIF. I don't know that. 16 Q. You said you ordered .that be written. i 17 Correct? l 18 A. Yes. I told Brent' Robinson to ensure that a
-19 PIF was written.
20 Q. And I think you said it had already gone
-21 through two levels of-supervision before it got to you.
22 A. Yes. And that communication could have taken 23 place in two minutes or two hours. I don't recall. 24 Q. Well, what was the procedure for in your 25 department for immediately writing PIFs and hand delivering YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 t Page 129 (=
Temytrna ).14 1375 1 .them to you?
'2 A. There was no time frame specified on the i.
l .3 procedure. So I can't tell you that.
-4 Q. Okay. So then your procedure in your i 5 . department, to make sure that PIFs are handwritten and i
~ 6 delivered to you, didn't apply in this case. 7 A. The expectation that we identify problems and 8 we write PIFs when we identify those problems existed. And l 9 that'was done. l 10 Q. But my question is very specific. You had an - , I l- 11 expectation that a PIF would be hand delivered to you as ; 12 soon as possible. Correct? I 13 A, I have an expectation that PIFs would be 14 written when. problems were. discovered, and that I would 15 receive either a copy or a verbal explanation of those PIFs i 16 on a routine basis. i' 17 Q. And by the- time it got to two levels of 18 supervision, you finally had a meeting with Brent Robinson, 19 and he doesn't hand you a P7F. Does he? , l I- 20 A. Sir, you'd have to be present in the radiation l 21 protection office to understand the context of the events. . 22 Q. And how many PIFs did Mr. Robinson issue in 23 'the entire year of 1996? Do you know? i 24' A. How many PIFs did Brent Robinson initiate... t 25 Q. Yes. . J l YORK STENOGRAPHIC SERVICES, INC. , l
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Tie Trna 3 :4 1376 1 A. ...on his own? 2 Q. Yes. 3 A. During 1990... 4 Q. Six. 5 A.. I don't know. I've never counted them up.
'6 Q-. And would one surprise you?
7' A. Only'one- in one year, that would probably-8 surprise me. 9 Q. And would it surprise you that your department 10 was still fully not complying with the generation of PIFs-11 after the INPO report identified the problem to your-- 12 specific to your department in 1995? 13 A. I believe we were -- I was encouraging the 14 staff, the group leaders were encouraging the staff.to i 15 identify problems and document the PIFs. And I believe we j were doing that. I 16 17 *** 18 ADMINISTRATIVE LAW JUDGE: 19 Mr. Kohn, can you get down right now to your -- you 20 started this questioning approximately 20 minutes 21 ago, dealing with the root cause questions... ; 22 MR. MICHAEL KOHN: 23 Yes, sir. 24 ADMINISTRATIVE LAW JUDGE: 25 ...on the steam gasket generator. YORK STENOGRAPHIC SERVICES, INC. f York, PA 17401 - (717) 854-0077 ( i l Page 131 L
Tmefran 3 to 1377 1 MR. MICHAEL KOHN: 2 Okay. I can do the question you're looking for. 3 *** 4 BY MR. MICHAEL KOHN: 5 Q. Mr... 6 A. Kassner. 7- Q. Isn't it true that a proper PIF -- if the 8 proper procedure for writing PIFs had been implemented, as 9 in 1995, and management was able to determine the true 10 radiological protection and station management deficiencies 11 in your organization that the problem of not tagging and 12 taking the radiological projections for finding a one REM 13 object at 30 centimeters would have been identified? 14 A. I'm not sure I understand your question. 15 Sorry. 16 Q. Let me rephrase it. If the practice had been 17 ongoing for years that pieces of material above one REM at 18 30 centimeters would be placed into the barrel, not being 19 attached, as is recognized in the report to the NRC on this 20 incident, if PIFs were being generated in 1994 to the 21 present each and every time someone failed to put a tag on l 22 a one REM at 30 centimeter distance object, don't you think 23 by the time the sr.eam generator gasket incident occurred, 24 the practice would have been fixed? 25 A. I can answer that by saying if personnel i YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 132
TmyTr:13 to 1378 1 recognized in the course of steam generator work that those 2 components were reading one REM per hour at 30 centimeters 3 or greater,_ if they recognize that, then PIFs-should have 4 been written. 5 Q. So then the real deficiency is, in your 6 department that... 7 A. Recognize it. 8 Q. ...your technicians were unable -- how many 9 technicians'were in your department? 10 A. There were close to 30 technicians in the
~
11 department. , 12 Q. Thirty technicians. Thirty technicians 1 13 working in your department were unable to recognize, as a - 14 group, that every time they found a piece of material in 15 the RPA greater than one REM at 30 centimeters, that they 16 were supposed to take the appropriate course of action. 17 Correct? l 18- .A. You're making a general statement that I can't 7 19 answer to. I 20 *** 21 MR. MICHAEL'KOHN: L22 Your Honor, is it possible that we can have a short 23 recess to assess how I can truncate the rest of the - 24 examination? l 25 ADMINISTRATIVE LAW JUDGE: YORK STENOGRAPHIC SERVICES, INC. i York, PA 174C1 - (717) 854-0077 l 1 ! l l ! Page 133 -j I j
v ,v se i 1379 1 If it will help to narrow this. Is that what 2 you're saying? 3 'MR. MICHAEL KOHN: 4 Yes. 5 ADMINISTRATIVE LAW JUDGE: 6 You want'to get down to your base question. i 7' MR. MICHAEL KOHN: j i 8 Yes. j l 9 ADMINISTRATIVE LAW JUDGE: i i 10 Can you.do it in five minutes?
'i 11 MR. MICHAEL KOHN: {
12 No. It's going to be more. I have a lot prepared. 13 All I want to try to do is just X out as mUch as I 14 can and just truncate my cross as much as I can. 15 ADMINISTRATIVE LAW JUDGE:
.16' Well, that's what I want you to do too. The 17 problem is it's '10':35 now. And I'm trying to 18 figure out how you're going to do --
how we're 19 going to meet our expectations if we take a break 20 for ten minutes.
- 21. -MR. MICHAEL KOHN:
22 Let's just take an in place break, and I can-- 23 maybe a minute or two. L 24 ***
'25 (OFF THE RECORD)
YORK STENOGRAPHIC SERVICES, INC.
. York, PA 17401 -
(717) 854-0077 Page 134
Vin,Trsa 3 la 1380 1 *** 2- ADMINISTRATIVE LAW JUDGE: 3 Back on the record. 4' *** l 5 BY MR. MICHAEL KOHN: 6 Q. Mr. Kassner, you -- Joint' Exhibit 13 is the 7 . letter Randy Robarge ' wrote to you after the counseling 8- session. Correct? l 9 A. Yes. 10 Q. Did'you. ever again meet'with Randy Robarge to { l 11 tell him, discuss with him anything contained. in that. 12 letter? 13 A .' It's very likely that we did, that- we l 14 discussed it. I don't recall a specific meeting, if we had ; 15 that type of meeting. 16 Q. Did you ever tell Mr. Robarge the letter was 17 not acceptable? 18 .A. No. . 19 Q. The technical specifications identified in the i 20 NRC report on the steam generator gasket incident are not 21 maintained that the RP supervisor's desk. Is it, a copy of 22 it? 23 A. I think that's true. 24 Q. You. heard the testimony of Mr. Guthrie, I ; 25 think you testified on direct, concerning the PIF procedure YORK. STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 i I Page.135
TmyTran 3 to 1381 1 at the plant. 2 A. I was present for most of that testimony, yes. 3 Q. And you were asked whether you agreed with all 4 of it. Correct? 5 A. Yes. 6 Q. Okay. However, you know that much of his 7 testimony was not absolutely accurate. Don't you? 8 A. What do you mean? 9 Q. Can you think of anything that he said in his 10 testimony that, because he was not at Plant Zion, is a 11 little off? 12 A. Nothing specific comes to mind right now. 13 Q. Do you recall -- for example, do you remember 14 his testimony concerning the role of supervision in filling 15 out PIFs? 16 A. I remember the general essence of it. I don't 17 recall the specifics. ] l 18 Q. Was the general essence that they're not 19 supposed to initiate it and sign off as the supervisory 20 reviewer? 21 A. Yes. I remember that. 22 Q. We're marking the exhibit as Complainant's 23 Exhibit CX -- Complainant's Exhibit 48. That testimony was 24 not accurate. Was it? 25 A. Meaning -- could you -- would you ask me a ! YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 { .- l Page 136 l l [
i- Tmfren 314 I' 1382
- r. 1 specific question on that, please.
2 Q. I'm asking you the sum and substance'of the 3 ' testimony Mr. Guthrie gave~with respect to the supervisor's 4 needing to obtain sign off from their supervision before i 5' initiating a PIF, in the PIF process. That was inaccurate.
'6 Wasn't-it?
L 7 *** I 8 ,MR. GOLDBERG: 9 Your Honor, 'i f I may just interpose here. Mr. t 10 Kassner was not in the room-for a good deal of Mr. 11 Guthrie's- ' testimony. I know that because I was 12 meeting. And I just want to establish that to the 13 ' extent they were trying to talk about Mr. Guthrie's 14 testimony, assuming Mr. Kassner's familiar with all 15- of it, I don't think he should be required to-16 speculate what Mr. Guthrie may or may not say. 17 MR. MICHAEL KOHN: 18 First, I'd-like to note an objection to an improper-19 objection on the part of respondent. I'believe 20 it's in the form of prompting a witness. The 21 witness has testified that he heard the testimony. 22 And if he wanted to bring' this out, he certainly 23 could. But I don't... 24 ADMINISTRATIVE LAW JUDGE: 25 So basically we have an objection to the objection. YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 l. Page 137
Tanyfraa ll4 1383 1 Is that what we're basically going with at this 2 point? If you withdrew the first thing you said 3 and said it correctly, would that eliminate both 4 the objections? I think so. 5 MR MICHAEL KOHN: 6 The body. 7 ADMINISTRATIVE LAW JUDGE: 8 Good. 9 *** 10 BY MR. MICHAEL KOHN: 11 Q. Mr. Kassner, you did hear the testimony that l 12 Mr. Guthrie gave with respect to supervisors needing to l 13 obtain a sign off from their superiors if they were 14 initiating the PIF. Correct? 15 A. Yes. 16 Q. And that testimony is not accurate. Is it? l 17 A. I'm not sure. I need -- I would need to i i i 18 review the PIF procedure to give you an absolute answer on j i 19 that. 20 Q. Have you reviewed the PIF procedure prior to 21 testifying today? l 22 A. Not recently no. ! l 23 Q. What about the practice in the department, 24 what was the practice in the department? 25 A. The practice in the department was for l i YORK STENOGRAPHIC SERVICES, INC. i l York, PA 17401 - (717) 854-0077 l ! f Page 138 _ _ - - _ _ _ _ _ __. I
ToyTrea 3 to 1384
)
1 radiation protection numbers, two write a PIF when we 2 identified deficient conditions, the problems. , 3 Q. What practice with respect to a supervisor 4 originating the PIF as to who was supposed to sign off on 5 that PIF, the second level? 6 A. The -- as the PIF is set forth, the 7 expectations for an immediate supervisor to provide a 8 second review. 9 Q. And you're looking now at Complainant's 10 Exhibit 48. Correct? 11 A. That's correct. 12 Q. And on page one of this exhibit there's a PIF, 13 95-1575. Do you see that? 14 A. Yes. 15 Q. And who is it originated by? 16 A. John Meyers. 17 Q. And who is signing off on it? 18 A. The signature looks to be John Meyers'. 19 *** 20 ADMINISTRATIVE LAW JUDGE: 21 Okay. This is 96-1575. 22 THE WITNESS: 23 Yes. 24 *** 25 BY MR. MICHAEL KOHN: YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 i Page 139 l f' e- - _ _ _ - _
Ten,Tru s ia 1385 1 Q. And so was this a violation of procedures or 2 normal practice? j 3 .A. It's probably not in accordance with the exact 4 expectations of the PIF procedure. 5 Q. Okay. Well, when all these PIFs were being 6 hand delivered to you, did you counsel Mr. Meyers for not 7 following the proper procedure? 8 I 9 MR. GOLDBERG: 10 Objection, Your Honor. I don't believe there's any I 11 testimony that these were all hand delivered to Mr. 12 Kassner. 13 ' MR. MICHAEL KOHN: ! t 14 Let me rephrase tne question. All of these PIFS 15 were being -- your expectation, where you were 16 supposed to see every single one of these FIFs, 17 right, before you went to the PIF committee , 18 meetings. 19 ADMINISTRATIVE LAW JUDGE: 20 Mr. Kohn, can we shortcut this? Can you ask the 21 witness if he's seen them. If not, if they are-- 22 if they appear to be PIFs that have been filed,.and ; 23 then whether they were direct actions in accordance 24 to what you said. l 25 MR, GOLDBERG: t YURK STENOGRAPHIC SERVICES, INC. I I York, PA 17401 - (717) 854-0077 i l l Page 140 l
\
i j
Tmy?rna l la I 1386 l l 1 Your Honor, may I attempt to shortcut this even 2 more by noting that as I look at the dates of each 3 of these P;Fs, they are all dates after Mr. Kassner 4 would have been removed from the department head 5 position and no- longer serving on the PIF 6 committee. 7 ADMINISTRATIVE LAW JUDGE: a 8 July 28, '95?- { 9 MT'. . GOLDBERG: l l' 10 I'm looking at the date being 7-19-95. The stamp 11 up there, I think, is the form date, when the form i 12 was generated. It doesn't mean that the FIF was 13 that date. The PIF date is next to the fII i L 14 supervisor's name, of 7-19-96, which, I believe is i 15 right. Mr. Kassner was no longer the head of the 16 RP department. So- he certainly would not have 17 gotten these in the ordinary course, because he was 1 I 18 no longer on the PIF committee, in the ordinary , l 19 course... l' 20 ADMINISTRATIVE LAW JUDGE: l l 21 Is that true? 22 THE WITNESS: , 23 Yes, it is. , 24 ADMINISTRATIVE LAW JUDGE: 25 Can you glance through them? YORK STENOGRAPHIC SERVICES, INC. ;' York, PA 17401 - (717) 854-0077 Page 141 1
Tiny 7 tan 3 to 1387 1 MR. MICHAEL KOHN: 2 Your Honor... 3 MR. GOLDBERG: 4 I'm just glancing through them quickly. 5 MR. MICHAEL KOHN: 6 Your Honor they didn't produce any 1995, PIFs in 7 discovery. So we're a little short as to what we 8 can pull out. 9 ADMINISTRATIVE LAW JUDGE: 10 Well, if you have a problem with this, you probably 11 should go to Mr. Strodl. 12 *** 13 BY MR. MICHAEL KOHN: 14 Q. Okay. Which reminds me, what is the last day, 15 you held the title as -- was it manager of the radiation 16 protection department? 17 A. Health physics and service supervisor. ,j 18 Q. Yes. 19 A. I think we took that to be July 15, 1996. 20 Q. If you would turn to page 24 of Complainant's 21 Exhibit 48 -- excuse me. If you would look at 22 Complainant's Exhibit 31, at page 35... 23 *** 24 MR. GOLDBERG: 25 Mr. Kohn, could I just be told what you're looking l YORK STENOGRAPHIC SERVICES, INC. !/ York, PA 17401 - (717) 854-0077 i L ! f I Page 142 i
l T.myTren L to 4 1388 j 1 1 at again. I'm sorry. 2 MR. MICHAEL KOHN: 3 Complainant's Exhibit 31, page 35. 4 MR. GOLDBERG: 5 Thank you. 6 MR. MICHAEL KOHN: 7 Does the information contained on that page
~8 accurately set forth the level of discipline given 9 to Mr. Robarge by you?
10 ADMINISTRATIVE LAW JUDGE: 11 Is this joint cr. . . 12 MR. MICHAEL KOHN: l i 13 No. It's a Complainant's exhibit. l 14 THE WITNESS: ! I 15 I'm sorry. I reviewed the page. Could you restate 16 the question, please. : l 17 18 BY MR. MICHAEL KOHN: 19 Q. Does the information contained on that page 20 accurately reflect the discipline you gave to Randy Robarge 21 *sith respect to the steam generator gasket incident? states that the RP supervisor was l 22 A. It l 23 individually counseled. 24 Q. Yes. 25 A. And that the RP supervisor would be given a YORK STENOGRAPHIC SERVICES, INC. York, PA 17(01 - (717) 854-0077 , l
. i Page 143
Tiayfans ) 14 1389 { i i day off with pay to develop an action plan to correct the i i 2 individual performance. 3 Q. Yes. Does that accurately reflect what 4 occurred? 5 A. Yes. I believe so. ! l 6 Q. Except in the end it turned out'to be just a l l 7 half a day, based on the time of day you met with him. 8 Correct? ! 9 A. Approximately a half a day, maybe a little i 10 more. ! 11 Q. Calling your attention to the meeting in which 12 Mr. Robarge addressed the department, and you discussed on 13 direct, when did that meeting happen? 14 A. When did the disciplinary meeting occur with . 15 Mr. Robarge?
~16 Q. The meeting with the technicians where you had 17 some testimony about Mr. Robarge giving a presentation.
18 A. Um... 19 *** ! i 20 ADMINISTRATIVE LAW JUDGE: : 21 Are you talking about the fourteenth? l 22 MR. GOLDBERG: 23 Obviously not, Your Honor. 24 ADMINISTRATIVE LAW JUDGE: 4 25 I don't... ( YORK STENOGRAPHIC SERVICES, INC. l-I. York, PA 17401 - (717) 854-0077 . [ l I i f Page 144
T.nyteen 314 L 1390 l 1' MR. MICHAEL KOHN: ) J l 2- The. witness' testified about a -- Mr. Robarge l 3 ' presenting MARC principles... !
-4 ADMINISTRATIVE LAW JUDGE:
5 Okay. .I'm sorry. Go ahead. 6 MR. MICHAEL KOHN: 7 ...I believe, to RP technicians. 8 *** 9 .BY MR. MICHAEL KOHN: 10 Q. Do you recall that? 11 A '. I think I stated that in the spring of '96, we 12 were rolling out standards and expectations. They werer'r. 13 -marked principles. It wasn't a marxed principle meeting. 14 And that'was conducted in . the' spring of '96. I don't 15 recall the specific time.
.16 Q. Well, ;that's when the MARC principles were 17 being implemented. Weren't they?
18 A. The station began MARC training sometime in 19 mid 1996. I don't recall when the first training class was 20 conducted. 21 Q. And'did -- Mr. Robarge will testify that he, 22 at~the meeting that you were referring to, was one where he 23 was discussing.the MARC principles with the RP technicians. 24 Would you have'any reason to not agree with that? 25 *** YORK STENOGRAPHIC SERVICES,.INC. York, PA 17401~- (717) 854-0077 Page 145
i TmvTrea 3 to 1391 1 MR. GOLDBERG: 2 Object to the form of the question, Your Honor.
.3 Was that something about Mr. Robarge's testimony?
4 ADMINISTRATIVE LAW JUDGE: 5 No. He said if -- he said Mr. Robarge will 6 . testify?
'7 MR. MICHAEL KOHN:
8 Yes. 9 MR. GOLDBERG: 10 Then I object to the form of the question, Your 11 Honor.
' 12 ADMINISTRATIVE LAW JUDGE: l . 13 Yes. l -14 MR. MICHAEL KOHN:
15 I'll rephrase the question. 16 .** 17- BY MR. MICHAEL KOHN: 18 Q. Do you have any reason to doubt if evidence 19 was presented in this proceeding, to indicate that this 20 meeting occurred after -- wait. Let me rephrase it. The 21 meeting you were referring to in which Mr. Robarge 22 addressed the department, didn't it, in fact, occur after 12 3' the steam generator gasket incident?
- 24 A. I don't recall.
25 Q. And so it's your testimony it may well have l YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 146 p-
TryTren 3.14 1392 1 occurred after the steam generator gasket incident. 2 A. It could have. 3 Q. 'And therefore, in your mind, as you sit here 4 today, you would feel comfortable choosing Mr. Robarge to 5 ' lead a discussion of the RP technicians, even after the 6 steam generator gasket incident. Correct?
-7 ***
8 MR. GOLDBERG: 9 Object to ti;e form, Your Honor. 10 ADMINISTRATIVE LAW JUDGE: 11- Answer the -- he may answer it. Overruled. 12 THE WITNESS: 13 Yes. 14 .MR. MICHAEL KOHN: 15 In Complainant's Exhibi*c 48, page two and page 26, 16 there are two PIFs here that occurred on July 10. 17 Is it your understanding that those would have been 18 initiated while you were still in charge of the 19 department? 20 THE WITNESS: 21 I'm sorry. What documents are we identifying? 22 23 ADMINISTRATIVE LAW JUDGE: 24 Forty-eight. 25 MR. MICHAEL KOHN: YORK STENOGRAPHIC SERVICES, INC. l- York, PA 17401 - (717) 854-0077 Page 147 l t -
1393 1 Forty-eight. 2 ADMINISTRATIVE LAW JUDGE: 3 The list of PIFS. 4 THE WITNESS: 5- Oh, that's the one you -- okay. That's page two 6 and page 26. At that time I was still the health 7 physics services supervisor, yes. 8 *** 9 BY MR. MICHAEL KOHN: 10 Q. Okay. So then this PIF was initiated outside 11 of what you understood to be the proper procedure, inasmuch , 12 as Mr. Meyers is the initiator and the supervisor person -13 signing off on it. l 16 A. Yes. 15 Q. And the same is true with page 26 of the 16 exhibit. l 17 A. Yes. , 18 Q. What counseling did you give Mr. Meyers for 19 this? 20 *** 21 MR. GOLDBERG: 22 Objection, Your Honor. It's the same exhibit that ! 23 believe referred to a few minutes ago with I I l 24 respect to dates. I don't know that this witness 1 25 would have _given any counseling, as he was out of YORK STENOGRAPHIC SERVICES, INC. York, PA 17401 - (717) 854-0077 Page 148
43216 Federal Register / Vol. 63. No.1S5/ Wednesday, , tugust 12,; 19984 Notices Expimdon date ofindividualnotice: made a determination based or.that the Radiological Environmental August 12,1998. ' assessment,it is so indicated Monitoring Program to the Offsite Dose IecalPublic Document Room For further details with respect to the Calculation Manual, in accordance with location: University of Missouri. action see (1) the applications for the recommendations of Generic Letter l Columbia, Elmer Ems Library, amendment, (2) the amendment, and (3) 89-01. Changes are also being me > to j Columbia, Missouri 65201-5149. the Commission's related letter, Safety other sections of the Technical l Evaluation and/or Environmental Specifications to align them with ! Wolf Creek Nuclear Operating Assessment as indicated. All of these Corporation, Docket No 50-482, Wolf items are available for public inspection NUREG-1433, when converting to tothe minimize Impmvechandes Cnek Cenemting Station, Coffey at the Commission's Public Document Standard Technical S cifications. County, Kansas Room, the Gelman Building,2120 L Date ofissuance; y 31,1998. Date ofomendment request: March Street, NW., Washington, DC, and at the Effective date: As o the date of 20,1998, as supplemented by letter local public document rooms for the issuance, to be implemented within 30 dated May 28,1998. particular facilities involved, days. Amendment No.:177, Brie description of amendment:The Boston Edison Company, Docket No. Facility Openting Ucense No. DPR-unen ont would support a 50-293, Pilgrim Nuclear Power Station, 35: Amendment revised the Technical modification to the Wolf Creek Nuclear Plymouth County, Massachusetts Gen 1 rating Station, Unit 1 to increase Specifications and the license. th storage capacity of the spent fuel Da e of a ph onfor amendment: Date ofinitialnotice in Federal Register: February 25,1998 (83 FR Date ofindividualnotice in Federeg Brie escr tion endment:'litis amen ent ange Pi grim 95fA 's related evaluation Register: July 13,1998 (63 FR 37001). of the amendment is contained in a Expimtion date ofindividual notice: Nucle r Powe S a on T s Bases Safety Evaluation dated July 31,1998. August 12,1998. Paci .. No significant hazards consideration LocalPublic Document Room to incorporate the ultimate heat sink comments received: No. locations: Emporta State University. (UHS) temperature of 75 'F as required local Public Document Roem William Allen White Library,1200 by Amendment No.173.The location: Plymouth Public Library,11 l Commercial Street, Emporia, Kansas introduction of a UHS temperatum North Street, Plymouth, Massachusetts l 66801 and Washburn University School restriction requires new specifications, 02360. l actions, and surveillance for the salt Law Library, Topeka, Kansas 66821, Carolina Power s Ught Company, service water system.The amendment ice afissuance of Amendments to aLo replaced existing specification Docket No. 50-26L H. B. Robinson Facility Operating Licenses 3.5.B " Containment Cooling System" Steam Electric Plant, Unit No. 2, Darlington County, South Carolina During the thz last biweeNriod notice, thesince publication
" ResidualofHeat with new (RHR)
Removal Specification 3/4.5.B.1 Date of application for amendment: Commission has issued the following Suppression Pool Cooling",3/4.5.B.2 June 26,1998, as supplemented July 22, ) amendments.The Commission has Residual Heat Removal (RHR) 1998. I determined for each of these Containment Spray",3/4.5.B.3 " Reactor Brief description of amendment:The amendmenta that the application Building Closed Cooling Water amendment revises Technical com lies with the standards and (RBCCW) System", and 3/4.5.B.4 " Salt Specification (TS) 3.7.8," Ultimate Heat j req rements of the Atomic Ene Act Service Water (SSW) System and Sink (UHS)," to permit an 8-hour delay ' of 1954, as amended (the Act), a the Ultimate Heat Sink (UHS)". in the UHS temperature restoration Commission's rules and regulations. Date issance: July 28,1998. period prior to entering the plant The Commission has made appropriate date v'y 28,1998. shutdown required actions. This TS finding * ** '*4"I'*d bY th* Ac' ""d th* mendment o.:178. amendment is given as a one time Facility Operating Ucense No. DPR- amendment change effective until mm a d a n 35: Amendment revised the Technical . September 30,1998, after which the TS P((. th2 license amendinent. e n Specifications. wiu revert back to the original TS Date ofinitial notice in Federal Notice of Consideration ofIssuance of Register: April 8,1998 (63 FR 17221). provisions'ssuance: Dofe of! July 29,1998. Am:ndment to Facility Operatin8 The Commission's related evaluation Effectwe date: July 29,1998. License, Proposed No Significant of the amendmentis contained in a Amendment No.r 179. Hazards Contidaration Determinetton. Safety Evaluation dated July 28,1998. Facility Operating Ucense No. DPR-and Opportunity for A Hearing in No significant hazards consideration 23. Amendment revised the Technical connection with these actions was comments received: No. Specifications. published in the Federal Register as Local Public Document Room Public comments requested as to indicated. location: Plymouth Public Library,11 proposed no significant hazards Unless otherwise indicated,the North Street, Plymouth, Massachusetts consideration (NSHC): Yes (63 FR 36967 Commission has determined that these 02360. dated July 8,1998). The notice provided am:ndments satisfy the criteria for an opportunity to submit comments on categorical exclusion in accordance Boston Edison Company, Docket No, the Commission's proposed NSHC with to CFR 51.22. Therefore, pursuant 50-293, Pilgrim Nuclear Power Station, determination. No comments have been to 10 CFR 51.22(b), no environmental Plymouth County, Massachusetts received. The notice alst, pmvided for impact statement or environmental Date of applicoffon foramendment; an opportunity to request a hearing by arsossment need be prepared for these Septemhor 19,1997, as supplemented August 7,1998, but indicated thet if the i amindments. If the Commission has June 15,1998. Commission makes a final NSHC prepared an environmental assessment Briefdescription of amendment:Le determination, any such hearing would under the special circumstances amendment relocates the Radioactive take place after issuance of the provision in 10 CFR 51.12(b) and has Effluent Technical Specifications and amendment.
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Federal Register /Vol. 63. No.155/ Wednesday, August 12,1998/ Notices 43217 The Commission's related evaluation Effective date:As of the date of of the amendment, finding of exigent Duquesne Ught Company, et al., Docket circumstances, and final determination issuance to be implemented within 30 days. Nos. 50-334 and 50-412, Beaver Valley . of NSHC are contained in a Safety Power Station, Unit Nos.1 and 2, Evaluation dated July 29,1998. Amendment No.:197. Facility OpemtingDcense No. DPR- (BVPS-1 and BVPS-2)Shippingport, Attorneyforlicensee: William D. Pennsylvania Johnson, Vice President and Senior 26: Amendment revised the Technical Specifications. Date of applicctionfor amendments: Counsel. Carolina Power & Light Com y, Post Office Box 1551 Date ofinitialnoticein Federal June 19,1998, as supplemented June 23, Ral Register: January 28,1998 (63 FR 4310)- 1998.
. North Carolina 27602. Briefdes NRCProfect Director: P.T. Kuo, The Se tember 25,1997, letter tion of amendments:
Actin provided larifying information that did These amen ents revise the BVPS-1 not change theinitial p osed no and BVPS-2 Technical Specifications Commonwealth Edison Company, significant hazards cons eration. (TSa) definitions of a channel Docket Nos. 50-295 and 50-304, Zion Th Camission's related evaluation calibration to add two sentences stating
' take County, f1/inoisNuclearPower of theStation amendment is contained Units 1 and 2, in a that (1) the calibration ofinstrument Safety Evaluation dated July 29,1998, channels with resistance temperature Date of applicationfor amendments: No significant hazards consideration detector or thermocouple sensors may March 30,1998. comments received: No. consist of an inplace ualitative B description ofamendments:The localPublicDocumentRoom assessment of sensor avior and i amen ents will(1) restore Custom Technical Specifications (CTS) and the location: White Plains Public Library, normal calibration of the remainin 100 Martine Avenue, White Plains, New adjustable devices in the channel d [
?
York 10810. (2) whenever a sensing element is associated license conditions that had re laced,thenext utred chtnnel ! been replaced by proved Technical Duke Ene Corporoflon, Docket Nos 50-369 anY50-370, McGuim Nuclear'bration shallincl de an inplace S#fications (ITS (2) change certain I creas calibation that compares the other man ament titles and res onsibilities Station, Units 2 and 2, Mecklenburg to re ect the errranent! hutdown County, North Carolina 1.ensin elements with the necently condition of install sensing element. This change plaat. (3 allow use of Date of applicationfor amendments: makes the BVPS-1 and BVPS-2 TS Certified Fuel Handlers in lieu of licensed operators, (4) modify shift crew March 3,1998, as supplemented definition ofchannel calibration composition, and (5) eliminate verbiage 22,1998. letters dated April 24, May 7, and uly consistent with the definition of a that imples the units are operational. channel calibration contained in the Bri description of amendments:The NRC's improved Standard Technical Date ofissuance: July 24,1998, date:Immediately,to be amen ments revise Figure 5.1-1 of the Specifications for Westinghouse Plants Im emented within 30 days. Technical Specifications (TS) to show (NUREG-1431, Revision 1). the new location of the meteorological Date ofissuance: July 28,1998. Amendment Nos.: 179 at 168. Facility Opemeing Ucense Nos. DPR- tower. The meteorological tower will be Effective date:Both units, effective 39 and DPR-48:The amendments relocated to c. :.ew location to facilitateimmediately, 30 days. to be implemented within revised the Technical Specification use of the current location as a construction site.The proposed TS Amendment Nos.:216 and 93, Date ofinitial notice in Federal change does not change the related TS Facility OpemtingLicense Nos. DPR-Register: May 6,1998 (63 FR 25105). Section 5.1.1. 66 andNPF-73: Amendments revised The Commission's related evaluation of Date ofissuance: July 30,1998. the Technical Specifications. the amendments la contained in a safety Date ofinfiloInoticein Federal Evaluation dated July 24,1998. Effective date: As of the date of No significant hazards consideration Issuance to be implemented within 30 Register: June 26,1998 (63 FR 34939). ! days- The June 23,1998, letter provided comments received: No. l AmendmentNos.: Unit 1-179; Unit minor editorial changes to the TS pages j LocalPublic Document Room 2-181. that did not change the initial proposed location:Waukegan Public Library,128 Facility Operating License Nos. NPF- no significant hazards consideration N. County Street, Waukegan Illinois 80085. 9 and NPF-17: Amendments revised the detennination or expand the y Technical Specifications. amendment request beyond the scope of
# the June 28,1998 Federal Register Yd 5 7 gof P
p Date ofInitialnoticein Federal Register: June 29,1998 (63 FR 35293). Nuclear Genemung Unit No. 2, Westchester County, New York The July 22,1998. submittal provided clarifying information that did not notice' Commission's related evalu Tho of the amendments is contained in a change the scope of the March 3,1998 Safety Evaluation dated July 28,1998. Date of applicationfor amendment: a No significant hazards consideration June 6,1997, as supplemented lication and the initial proposed no September 25,1997, ficant hazards consideration cora.nents received: No. B description of amendment:The detr m! nation. LocolPublic Document Room eme Yns Commission's related evaluation !ocatfor.: 3. F. Janea Memorial Library, ent revises Technical 683 Franklin Avenue. Aliquippa, PA Specifications (TS) Table 4.1-2, of the amendments is contained in a 15001. Frequency for S.mpling Tests, to deleta Safety Evaluation dated July 30,1998. No significant hazards consideration 8 Pom'uon the requirement to sam to the spray , additive tank and deles the comments received: No. . 0 , Cryst - requirement for a sodium hydroxide LocolPulRc Document Room No. 3 Nuclear Generating Plant, Citrus (NaOH) spray additive in TS Section location:J. Murrey Atkins Library, County, Florida 5.2.C.1. University of North Carolina at Charlotte,9201 Universit y Date of application for amendment: Date ofissuance: July 29,1998. Boulevard, Charlotte, No Carolina. March 22,1998. 20,1998, and supplemented May
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